BCC Minutes 03/25/2025 RMarch 25, 2025
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 25, 2025
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 Board members present:
Chairman: Burt L. Saunders
Dan Kowal
Chris Hall
Rick LoCastro
William L. McDaniel, Jr.
ALSO PRESENT:
Amy Patterson, County Manager
Ed Finn, Deputy County Manager
Trinity Scott, Transportation Management Services
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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March 25, 2025
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (Crab)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
March 25, 2025
9:00 AM
Commissioner Burt Saunders, District 3 – Chair
Commissioner Dan Kowal, District 4 – Vice Chair
Commissioner Rick LoCastro, District 1
Commissioner Chris Hall, District 2
Commissioner William L. McDaniel, Jr., District 5
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
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIR. ADDITIONAL
MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY OTHER
REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE
SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR
PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS
ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED
BY THE CHAIR. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM
MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S
CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE
MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE.
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March 25, 2025
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST
SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT
LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST
SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE
PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A
FUTURE BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH
THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A
SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS
EXTENDED BY THE CHAIR. SHOULD THE PETITION BE GRANTED, THE
ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIR. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIR’S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
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.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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March 25, 2025
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor John Huffman of Harvest Recovery Ministries. The
Pledge of Allegiance recited by Mimi Treadway, VFW Aux 7721
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. February 25, 2025, BCC Meeting Minutes
C. March 4, 2025, BCC Workshop Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) Guy Spieth - Emergency Medical Services
b) Jecika Cook - Information Technology
c) Riham Saleeb - Library
d) Wanda Rodriguez - County Attorney's Office
2) 25 YEAR ATTENDEES
3) 30 YEAR ATTENDEES
a) Wayne Watson- Emergency Medical Services
4) 35 YEAR ATTENDEES
a) Peg Ruby- Parks & Recreation
B. ADVISORY BOARD MEMBERS
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March 25, 2025
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating March 23 - 29, 2025, as 42nd Anniversary of
Know Your County Government Week. To be accepted by Tish Roland
B. Proclamation designating March 2025 as American Red Cross Month in
Collier County. To be accepted by Jill Palmer, Executive Director, Florida
Gulf Coast to Heartland Chapter, American Red Cross and Dennis G. E.
Sanders, Community Volunteer Leader
C. Proclamation designating May 25, 2025, as Family Abduction Awareness
Day. To be accepted by a representative of the National Parents
Organization, Florida Chapter.
D. Proclamation recognizing March 29, 2025, as National Vietnam War
Veterans Day. To be accepted by Robert T. Wilde and other distinguished
guests.
5. PRESENTATIONS
A. "The Gate" Arthrex Golf Course Progress Update (Burt L. Saunders,
Commissioner District 3)
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS - ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
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
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March 25, 2025
(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)
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to direct staff to advertise and bring back an Ordinance
amending the Pedestrian Safety Ordinance providing for a new section
establishing requirements for the operation of bicycles on sidewalks,
crosswalks, and in intersections within the unincorporated portions of
Collier County, Florida. (Dan Kowal, Commissioner District 4)
B. Recommendation to approve payment to the Southwest Florida Regional
Planning Council, effective October 1, 2024, at a rate of $0.15 per capita, in
accordance with the Replacement Interlocal Agreement approved by the
Board (Item #10A) on September 24, 2024, and authorize any necessary
Budget Amendments. (William L. McDaniel, Jr., Commissioner District 5)
11. COUNTY MANAGER'S REPORT
A. This Item was continued from the March 11, 2025, BCC Meeting.
Recommendation to approve a Traffic Signal Agreement with Cameron
Commons Unit Two Property Owner's Association, authorize the Chairman
to sign the traffic signal agreement that will authorize the construction of a
traffic signal at the intersection of Immokalee Road and Bellaire Bay Drive
and memorialize that the signal may be removed at the County’s discretion.
(Trinity Scott, Department Head - Transportation Management Services
Department)
B. Recommendation to approve the purchase of Property, Boiler & Machinery,
Terrorism, and Watercraft Hull Insurance effective April 1, 2025, for an
estimated amount of $8,705,823. (Michael Quigley, Division Director - Risk
Management)
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March 25, 2025
Moved from Consent Item #16F1 (Per Agenda Change Sheet)
C. Recommendation to confirm James French as Growth Management &
Community Development Department Head, Trinity Scott as Transportation
Management Services Department Head, James W. DeLony as Interim
Public Utilities Department Head, and Edward Finn as Deputy County
Manager, to take effect immediately, and approve all necessary Budget
Amendments.
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to remove Christina Aguilera from the East of 951 Ad Hoc
Advisory Committee for consecutive absences, appoint Bruce Hamels to
replace the vacant seat, appoint a member to the alternate seat, and consider
extending the sunset date from August 15, 2025, to August 15, 2026.
13. OTHER CONSTITUTIONAL OFFICERS
A. Presentation of the Annual Comprehensive Financial Report for the fiscal
year ended September 30, 2024, and authorization to file the related State of
Florida Annual Local Government Financial Report with the Department of
Financial Services. (Derek Johnssen, Clerk's Finance Director)
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN
THIS MEETING
B. STAFF PROJECT UPDATES
C. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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
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March 25, 2025
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.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve the termination of Agreements of the Fee
Payment Assistance Program, Job Creation Investment Program, and
Advanced Broadband Infrastructure Investment Program, and Release
of Liens created by these Agreements with Arthrex, Inc., and/or
Arthrex Manufacturing, Inc.
2) Recommendation to approve the release of a code enforcement lien
with an accrued value of $41,400, for a reduced payment of
$4,058.10, in the code enforcement action titled Board of County
Commissioners vs. SA Equity Group LLC, in Code Enforcement
Board Case No. CESD20190001769, relating to property located at
114 New Market Rd E, Collier County, Florida.
3) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guarantee for Excavation Permit Number PL20150001915 for work
associated with Autumn Blossoms Assisted Living Facility.
4) Recommendation for the Board of County Commissioners to
authorize a Budget Amendment in the amount of $150,000,
reallocating funding within the Conservation Collier Caracara Prairie
Fund (0674).
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) This Item was continued from the March 11, 2025, BCC Meeting.
Recommendation to award Invitation to Bid (“ITB”) No. 24-8316,
“Landscape Maintenance for Work Areas 18B, 20B, 21B, 23, 27,” to
Mainscape, Inc., Superb Landscape Services, Inc., and Superior
Landscaping & Lawn Service, Inc., on a Primary/Secondary basis,
and authorize the Chairman to sign the attached Agreements.
2) Recommendation to authorize the electronic submission of the County
Incentive Grant Program (CIGP) and the Transportation Regional
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March 25, 2025
Incentive Program (TRIP) Applications with the Florida Department
of Transportation to fund the design of the widening of Santa Barbara
Boulevard/Logan Boulevard from Painted Leaf Lane to Pine Ridge
Road project in the amount of $6,200,000.
3) Recommendation to authorize the electronic submission of the County
Incentive Grant Program (CIGP) and the Transportation Regional
Incentive Program (TRIP) Applications with the Florida Department
of Transportation to fund the design of the widening of Pine Ridge
Road from Logan Boulevard to Collier Boulevard project in the
amount of $5,800,000.
4) Recommendation to ratify administratively approved Change Order
No. 3 for contract No. 24-8292 with Earth Tech Enterprises, Inc., for
the Park Shore Beach Renourishment, increasing the contract amount
by $7,000; authorize the Chairman to execute the Change Order; and
make a finding that this item promotes tourism (Project #90067).
5) Recommendation to authorize the Chair to execute twenty (20) Deed
Certificates for purchased burial rights at Lake Trafford Memorial
Gardens Cemetery and authorize the County Manager or designee to
take all actions necessary to record the Deed Certificates with the
Clerk of Court’s Recording Department.
Continued to the April 8, 2025, BCC Meeting (Per Agenda Change Sheet)
6) Recommendation to approve Amendment No. 5 to Lease Agreement
No. 4600003056 ("Agreement No. 5") with South Florida Water
Management District to continue leasing office space for Collier
County located at 2660 Horseshoe Drive North, suite 105, for an
additional five years, with two optional three-year renewals, and
adjust the annual rental amount in accordance with the existing 2.5%
escalation clause.
7) Recommendation to ratify administratively approved Change Order
No. 1, adding fifty days to Tasks 1 through 4 for Purchase Order No.
4500231142, under Agreement No. 23-8108 with Jacobs Engineering
Group, Inc., for Design Services for the Collier Area Transit
Operations and Maintenance Facility and authorize the Chairman to
sign the attached Change Order. (Project No. 33736 and #33767)
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March 25, 2025
8) Recommendation to ratify administratively approved Change Order
No. 4, adding the construction of 13 driveways totaling $134,221.64,
and omitting the aluminum canopy at the Collier Area Transit (CAT)
transfer station under Agreement No. 20-7811 with Quality
Enterprises USA, Inc., for the “Design-Build of the Immokalee Area
Improvements – Tiger Grant” project, authorize the Chairman to sign
the attached Change Order, and to authorize the necessary Budget
Amendment. (Project No. 33563)
9) Recommendation to award a Work/Purchase Order for a Request for
Quotation (“RFQ”) for the Harbor and Holiday Stormwater
Improvements Outfall Replacements project under Agreement No. 20-
7800, “Underground Contractor Services” to Kyle Construction, Inc.,
in the total amount of $770,515.00, which includes a base bid amount
of $745,515.00 and a Project Allowance of $25,000.00 and authorize
the Chairman to sign the attached Work Order (Project Number
60195).
10) Recommendation to ratify administratively approved Change Order
No. 1 with Hannula Landscaping and Irrigation, Inc., adding 34 days
under Agreement No. 24-8203, "Davis Boulevard (SR 84) Santa
Barbara Boulevard to Collier Boulevard Landscape & Irrigation
Installations," and authorize the Chairman to sign the attached Change
Order.
11) Recommendation to approve a Second Amendment to the Agreement
for Sale and Purchase of the Williams Reserve Property to extend the
due diligence period to April 9, 2025, to allow the Parties time to
finalize an amendment to the Purchase and Sale Agreement relating to
the environmental conditions on the Property.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, approve Change Order No. 1 for a time extension under
Agreement No. 23-8067 with Zabatt Engine Services, Inc., d/b/a
Zabatt Power Systems, Inc., for the Tamiami Well 23 Generator
Replacement. (Project No. 70069)
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March 25, 2025
2) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, approve Agreement No. 24-059-NS, “Komline-Sanderson
Belt Press Equipment, Parts, and Services,” under a sole source
waiver with Komline-Sanderson Corporation, authorize expenditures
up to $200,000 per Fiscal Year for an estimated total amount of
$1,000,000 for the entire duration of the Agreement, and authorize the
Chairman to sign the Agreement.
3) Recommendation to ratify administratively approved Change Order
No.1, providing for a time extension of 165 days under Professional
Services Agreement No. 22-7952 for the “North County Water
Reclamation Facility – Electrical Services No. 1 Upgrade Project,”
with Johnson Engineering, LLC., and authorize the Chairman to sign
the attached Change Order. (Project #70278)
4) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, approve expenditures under an exemption from the
competitive process and approve the attached Second Amendment to
Agreement No. 22-013-NS with Mueller Systems, LLC, for the
purchase of small residential and commercial meters, automatic meter
reading components, and advanced metering infrastructure directly
from Mueller for a not-to-exceed Fiscal Year spend of $3.7 million
dollars and authorize the Chairman to sign the attached Amendment
exercising a renewal term of five years.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the necessary Budget
Amendments to reflect the estimated funding of the Retired and
Senior Volunteer Program 2025-2026 Continuation from AmeriCorps
Seniors in the amount of $75,000 with a local match obligation of
$32,150. (Housing grants fund 1835 and Housing match fund 1836)
2) Recommendation to accept and appropriate a restricted donation in
the amount of $100,000.00 from the Friends of the Library of Collier
County, Inc., to provide funding for library e-services, and to
authorize the necessary Budget Amendment.
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March 25, 2025
3) Recommendation to approve an Agreement between Collier County,
the Marco Island Historical Society, Inc., and the Calusa Garden Club
of Marco Island for revitalization of the Pioneer Garden at the Marco
Island Historical Museum.
E. CORPORATE BUSINESS OPERATIONS
F. COUNTY MANAGER OPERATIONS
Moved to Item #11C (Per Agenda Change Sheet)
1) Recommendation to confirm James French as Growth Management &
Community Development Department Head, Trinity Scott as
Transportation Management Services Department Head, James W.
DeLony as Interim Public Utilities Department Head, and Edward
Finn as Deputy County Manager, to take effect immediately, and
approve all necessary Budget Amendments.
2) Recommendation to accept the award and authorize the Chairman to
execute Grant Agreement No. FM921 between the County and the
Florida Department of Financial Services for the construction of the
Collier County Fire and EMS Station 74 in the amount of
$3,646,613.00, execute all necessary forms, and authorize the
necessary Budget Amendment (Fund 1831 Project #55212).
3) Recommendation to award Invitation to Bid (“ITB”) No. 24-8304,
“Grease Trap Hauling Services & Repairs,” to Southern Sanitation,
Inc., and authorize the Chairman to sign the attached Agreement.
4) Recommendation to approve and authorize a Budget Amendment to
recognize accrued interest in the amount of $3,285.78 from October 1,
2024, through January 31, 2025, earned by EMS County Grant to
support the purchase of medical and rescue equipment. (EMS Grant
Fund 4053)
5) Recommendation to adopt a Resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2024-25 Adopted Budget. (The Budget
Amendments in the attached Resolution have been reviewed and
approved by the Board of County Commissioners via separate
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Executive Summaries.)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to authorize Budget Amendments, in the amount of
$1,600,000 within General Fund (0001) and Collier County Sheriff's
Office Fund (0040) to reallocate current funding from the the Collier
County Sheriff’s Office Fund (0040) to Collier County Capital-Wide
Capital Project Fund (3001) via adjustments to General Fund (0001)
transfers and appropriate the funding within County-Wide Capital
Project Fund (3001) to allow for the reimbursement of funding to the
Collier County Sheriff’s Office for modifications to administrative
offices at Building J1.
2) Recommendation to approve Amendment No. 6 to Professional
Services Agreement No. 21-7936, “Professional Services for SAP S/4
HANA Implementation” with Phoenix Business, Inc., d/b/a Phoenix
Business Consulting for tasks related to SAP Success Factors
Workforce Job Scheduling for EMS 56 and Battalion Chief
organizational units as well as additional time and funding for the
Board related portion of the new integrated SAP time and attendance
payroll platform in the not to exceed amount of $212,732.00 (Project
Number 50017).
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 in the amount of
$58,188,162.25 were drawn for the periods between February 27,
2025, and March 12, 2025, pursuant to Florida Statute 136.06.
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of March 19,
2025.
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March 25, 2025
K. COUNTY ATTORNEY
1) Recommendation to appoint Michael Mann to the Lely Golf Estates
Beautification Advisory Committee.
2) Recommendation to reappoint Michael Facundo to the Immokalee
Local Redevelopment Advisory Board.
3) Request that the Board approve an Amendment to Mediated
Settlement Agreement providing for the final release of $91,804.00 in
withheld retainage related to the Mediated Settlement Agreement
entered into by Collier County, Florida and Manhattan Construction
Florida, Inc. on July 25, 2023, involving the construction of the
Paradise Coast Sports Park.
4) Recommendation to appoint two members to the Radio Road
Beautification Advisory Committee
L. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community Redevelopment
Agency and the Board of County Commissioners review and accept
the 2024 Annual Reports for the two community redevelopment
component areas: Bayshore Gateway Triangle and Immokalee and
publish the reports on the appropriate websites.
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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.
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March 25, 2025
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 #17B (Per Agenda Change
Sheet) [GMPA-PL20230007471, Tamiami Trail 50-Acre Mixed-Use
Subdistrict])
B. Recommendation to approve an Ordinance amending the Collier County
Growth Management Plan, to create the Tamiami Trail 50-Acre Mixed Use
Subdistrict, to allow up to 400 dwelling units with affordable housing, up to
100,000 gross square feet of non-residential uses, and up to 80,000 gross
square feet of mini-warehouse use. The subject property is located north of
Tamiami Trail East (U.S. 41), approximately 1,000 feet west of the
intersection of Tamiami Trail East and Recycling Way, in Section 18,
Township 51 South, Range 27 East, Collier County, Florida, consisting of 50
acres. (PL20230007471) (Companion to Item #11A #17A (Per Agenda
Change Sheet) [MPUD-PL20230007470, Tamiami 58-Acre MPUD])
C. Recommendation to approve Ordinances amending the Collier County
Growth Management Plan, to reformat and specifically amend the Future
Land Use Element and maps; the Golden Gate City Sub-Element of the
Golden Gate Area Master Plan Element and maps; the Urban Golden Gate
Estates Sub-Element of the Golden Gate Area Master Plan Element and
maps; the Rural Golden Gate Estates Sub-Element of the Golden Gate Area
Master Plan Element and maps; the Immokalee Area Master Plan Element
and maps; the Conservation and Coastal Management Element; the Potable
Water Sub-Element of the Public Facilities Element; and the Wastewater
Treatment Sub-Element of the Public Facilities Element; and furthermore
directing transmittal of the amendments to the Florida Department of
Commerce. (Adoption Hearing)
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D. Recommendation that the Board adopt an Ordinance amending Collier
County Ordinance No. 2003-36, as amended, repealing and replacing
Amending Ordinance No. 2022-30, providing for the reimposition of the
Five-Cent Local Option Fuel Tax upon its termination on December 31,
2025, effective January 1, 2026, and continuing through December 31,
2055.
E. Recommendation that the Board adopt an Ordinance amending Collier
County Ordinance No. 2003-35, as amended, repealing and replacing
Amending Ordinance No. 2022-31, 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.
F. Recommendation that the Board adopt an Ordinance amending Collier
County Ordinance No. 2003-34, repealing and replacing Amending
Ordinance No. 2022-32, providing for the reimposition of the Ninth-Cent
Fuel Tax upon its termination on December 31, 2025, effective January 1,
2026, and continuing through December 31, 2055.
G. Recommendation that the Board of County Commissioners, Ex Officio the
Governing Board of the Collier County Water-Sewer District, approve a
Resolution amending the Collier County Utilities Standards and Procedures
Ordinance and the Collier County Water-Sewer District Utilities Standards
Manual to provide necessary updates for the installation of sustainable and
safe utilities infrastructure within the County.
H. Recommendation to adopt a Resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2024-25 Adopted Budget. (The Budget Amendments in the
attached Resolution have been reviewed and approved by the Board of
County Commissioners via separate Executive Summaries.)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
March 25, 2025
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MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN SAUNDERS: Thank you. The meeting of the
County Commission will please come to order.
We have quite a crowd here, a lot of high school students here to
learn about how government works. So I hope we don't disappoint
you this morning as we proceed.
We're going to start off with the invocation and the pledge.
We've a special group -- well, let's have the -- let's have the
invocation, and then we have a special group of Vietnam veterans
that are going to lead us in the Pledge.
Item #1A
INVOCATION BY PASTOR JOHN HUFFMAN OF HARVEST
RECOVERY MINISTRIES. THE PLEDGE OF ALLEGIANCE
RECITED BY MIMI TREADWAY, VFW AUX 7721 -
INVOCATION GIVEN
PASTOR HUFFMAN: Awesome. Father God, Lord, I
just -- we usher you in, Lord. We pray that you are a part of this
meeting today, Father God. Lord, we pray for the commissioners that
you blessed us with, Lord. We thank you for the county, Father.
Lord, I just pray right now, Lord, as people bring their petitions
up, Lord, that they do it with a grateful heart, Lord, that the -- that
those that are in charge and those that have authority hear them the
way that you would want them to be heard, Lord. Father, give them
wisdom, give them insight, give them understanding as people come
here and pour their heart out, Father God.
Lord, we just pray, Lord, that this county is yours. Father, we
just pray that you usher in the way that you would want us to usher in
your county.
March 25, 2025
Page 3
So, Father God, protect everybody here, protect their hearts,
protect their minds, give them wisdom as they speak, as there's
nerves, Lord, that they want to come up here and say exactly what's
on their heart. Give them the wisdom. We pray that the nerves are
beneath their feet and they say and articulate it exactly the way it's
supposed to be said.
Father, for this, we are thankful. In Jesus' name, amen.
UNIDENTIFIED MALE VOICE: Follow us in the Pledge of
Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN SAUNDERS: And I want to thank Pastor John
Huffman, Harvest Recovery Ministries, for getting us started this
morning. Thank you very much for that.
Ms. Patterson.
MS. PATTERSON: Commissioners, agenda changes for
March 25, 2025.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT, AND
SUMMARY AGENDA AS AMENDED (EX-PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - MOTION TO APPROVE BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
KOWAL - APPROVED AND/OR ADOPTED
First, Move Item 16F1 to 11C. This is a recommendation to
confirm James French as Growth Management and Community
Development department head, Trinity Scott as Transportation
Management Services Department head, James W. DeLony as
interim Public Utilities department head, and Edward Finn as Deputy
March 25, 2025
Page 4
County Manager to take effect immediately and approve all
necessary budget amendments. This item is being moved at
Commissioner McDaniel and Commissioner Hall's separate request.
Next, continue Item 16B6 to the April 8, 2025, BCC meeting.
This is a recommendation to approve Amendment No. 5 to Lease
Agreement No. 4600003056, Agreement No. 5, with South Florida
Water Management District to continue leasing office space for
Collier County located at 2660 Horseshoe Drive North, Suite 105, for
an additional five years with two optional three-year renewals and
adjust the annual rental amount in accordance with the existing
2.5 percent escalation clause. This is being moved at staff's request.
One agenda note, in the executive summary, Item 17A and 17B
incorrectly referred to their companion items as 11A and 11B. The
correct companion items should be 17A and 17B.
We do have court reporter breaks scheduled for 10:30 and again
at 2:50.
County Attorney, any further changes?
MR. KLATZKOW: No, ma'am. Thank you.
MS. PATTERSON: Commissioners, ex parte and changes.
CHAIRMAN SAUNDERS: Yeah. We'll also indicate if there's
any disclosure on the summary -- consent and summary.
MS. PATTERSON: Yes, sir.
CHAIRMAN SAUNDERS: Commissioner Kowal, good
morning.
COMMISSIONER KOWAL: No changes, but I do have, on
summary agenda, 17A. I -- no, I guess I don't. That was on 8, sorry.
CHAIRMAN SAUNDERS: All right. Commissioner Hall.
COMMISSIONER HALL: Good morning, Mr. Chairman.
No changes and no ex parte.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Good morning, sir.
March 25, 2025
Page 5
No changes and no ex parte.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: No changes. On 17A, I had
meetings and emails.
CHAIRMAN SAUNDERS: Okay. I have no changes and no
disclosure as well.
MS. PATTERSON: Very good. If we could get a motion to
approve today's regular, consent, and summary.
COMMISSIONER HALL: So moved.
COMMISSIONER KOWAL: Second.
CHAIRMAN SAUNDERS: We have a motion and a second.
Seeing no discussion, all in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
March 25, 2025
Move item 16F1 to 11C: Recommendation to confirm James French as Growth Management & Community
Development Department Head, Trinity Scott as Transportation Management Services Department Head, James W.
DeLony as Interim Public Utilities Department Head, and Edward Finn as Deputy County Manager, to take effect
immediately, and approve all necessary Budget Amendments (Commissioner McDaniel’s and Commissioner Hall’s
Separate Requests)
Continue item 16B6 to the April 8, 2025, BCC Meeting: Recommendation to approve Amendment No. 5 to
Lease Agreement No. 4600003056 ("Agreement No. 5") with South Florida Water Management District
to continue leasing office space for Collier County located at 2660 Horseshoe Drive North, suite 105, for
an additional five years, with two optional three-year renewals, and adjust the annual rental amount in
accordance with the existing 2.5% escalation clause. (Staff’s Requests)
Notes: In the executive summary, items 17A and 17B incorrectly refer to their companion items as 11A and 11B.
The correct companion items should be 17A and 17B.
TIME CERTAIN ITEMS:
3/24/2025 7:41 PM
March 25, 2025
Page 6
Item #2B and #2C
BCC REGULAR MEETING MINUTES FORM FEBRUARY 25,
2025, AND BCC WORKSHOP MINUTES FROM MARCH 4, 2025
- MOTION TO APPROVE BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: That brings us to Items 2A and 2B, if you'd
like to take those together. Those are the minutes of the February 25,
2025, BCC meeting and the March 4, 2025, BCC workshop.
COMMISSIONER McDANIEL: So moved.
CHAIRMAN SAUNDERS: All right. We have a motion to
approve February 25 and March 4 minutes and workshop minutes.
COMMISSIONER HALL: Second.
CHAIRMAN SAUNDERS: We have a motion and second. All
in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Item #3A1
AWARDS AND RECOGNITIONS - 20 YEAR ATTENDEES –
PRESENTED
MS. PATTERSON: Very good.
March 25, 2025
Page 7
That brings us to awards and recognitions. We have several today.
We're going to start with our 20-year attendees.
First we have Guy Spieth, Emergency Medical Services.
Congratulations.
(Applause.)
MS. PATTERSON: Jessica Cook, Information Technology.
Congratulations.
(Applause.)
MS. PATTERSON: Reham Saleeb, Libraries. Congratulations.
(Applause.)
MS. PATTERSON: Wanda Rodriguez, County Attorney's
Office. Congratulations.
COMMISSIONER LoCASTRO: Any dirt on Mr. Klatzkow,
you can just email it to me. I'll take it.
COMMISSIONER McDANIEL: Maybe she doesn't want you
in the picture.
(Applause.)
Item #3A3
AWARDS AND RECOGNITIONS - 30 YEAR ATTENDEES –
PRESENTED
MS. PATTERSON: Going on straight to 30 years now. Wayne
Watson, Emergency Medical Services. Congratulations.
(Applause.)
MS. PATTERSON: Stay right there, Wayne.
(Applause.)
COMMISSIONER McDANIEL: Here comes the blues.
(Applause.)
March 25, 2025
Page 8
Item #3A4
AWARDS AND RECOGNITIONS - 30 YEAR ATTENDEES –
PRESENTED
MS. PATTERSON: Last but not least, 35 years, Peg Ruby,
Parks and Recreation and Communications.
(Applause.)
MS. PATTERSON: Now, don't go away. Peg's got a fan club.
Come on, everybody. Communications and Parks and Rec, come on
up.
CHAIRMAN SAUNDERS: For the folks that are here with the
Know Your Government Day, just to plant a little seed in your heads
there, Collier County's a great place to work. So as you progress in
your education or training, whatever it is that you choose to do, you
might want to consider a career with Collier County. You can tell
from the length of time that a lot of people work here that this is a
great place to work, very rewarding, and people love being here.
So...
All right.
Item #4A
PROCLAMATION DESIGNATING MARCH 23 - 29, 2025, AS
42ND ANNIVERSARY OF KNOW YOUR COUNTY
GOVERNMENT WEEK. BY TISH ROLAND - MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER HALL – ADOPTED
MS. PATTERSON: All right. Commissioners, that brings us to
proclamations.
March 25, 2025
Page 9
Item 4A is a proclamation designating March 23rd through 29th,
2025, as the 42nd anniversary of Know Your County Government
Week. To be accepted by Tish Roland. Congratulations.
(Applause.)
CHAIRMAN SAUNDERS: Just for everyone in the audience,
the Know Your Government Day is really put together by a group of
organizations: The League of Women Voters, 4H Youth, IFAS
extension, and the public schools. And we certainly enjoy having all
of the students and some of the leadership in the schools with us here
today.
I know you're going to be very busy traveling around looking at
all the various different departments, and I believe we're going to
have lunch with you today at 12 o'clock over at the library, if that's
correct, Ms. Patterson. Not the library, over at the museum.
MS. PATTERSON: Yes, sir.
CHAIRMAN SAUNDERS: And so we'll look forward to that.
All right.
Item #4B
PROCLAMATION DESIGNATING MARCH 2025 AS
AMERICAN RED CROSS MONTH IN COLLIER COUNTY.
ACCEPTED BY JILL PALMER, EXECUTIVE DIRECTOR,
FLORIDA GULF COAST TO HEARTLAND CHAPTER,
AMERICAN RED CROSS AND DENNIS G. E. SANDERS,
COMMUNITY VOLUNTEER LEADER - MOTION TO APPROVE
BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER HALL – ADOPTED
MS. PATTERSON: All right. That brings us to Item 4B, which
is a proclamation designating March 2025 as American Red Cross
March 25, 2025
Page 10
Month in Collier County. To be accepted by Jill Palmer, executive
director, Florida Gulf Coast, to Heartland Chapter, American Red
Cross, and Dennis G.E. Sanders, community volunteer leader.
Congratulations.
MS. PALMER: Good morning Commissioners. I'm Jill Palmer,
executive director for the American Red Cross, and joining me today
is Dennis Sanders, my community volunteer leader. Dennis is an
exemplary individual who embodies the mission of the Red Cross.
It's -- 90 percent of our workforce are made up of volunteers here in
our community.
So thank you for recognizing the vital work and the importance
of the Red Cross in our local community. This truly is a community
asset. Every day local volunteers and donors help deliver the mission
to ensure that we are there for those during their greatest need. When
emergency strikes, our community rallies together to help individuals
and families when it matters most.
During this time of continuous response with back-to-back
devastating disasters and less time in between to recover, there has
never been a greater need for volunteers here in our community. We
ask those to step forward to help us with their time and their talent.
We invite everyone to turn their compassion into action by donating,
volunteering, or taking a life-saving class.
Thank you so much for your time today.
MR. SANDERS: And I would like to add, since we have this
veteran group here, I'm a veteran. I spent six years on active duty,
and we've got the young people here, we can use you as volunteers,
youth and aged also. So all right, Juvet (phonetic), I challenge you,
okay?
I'm an Air Force veteran, believe me, all right. If I can do it, you
can do it, and you youngsters, if you're ROTC, or just give your time,
because we need younger people, because us old guys, we're getting
March 25, 2025
Page 11
old. Thank you. Thank you.
CHAIRMAN SAUNDERS: Thank you very much.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING MAY 25, 2025, AS FAMILY
ABDUCTION AWARENESS DAY. TO BE ACCEPTED BY A
REPRESENTATIVE OF THE NATIONAL PARENTS
ORGANIZATION, FLORIDA CHAPTER – MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER HALL – ADOPTED
MS. PATTERSON: Commissioners, Item 4C is a proclamation
designating May 25th, 2025, as Family Abduction Awareness Day.
This proclamation will be picked up by a representative of the
National Parents Organization Florida Chapter.
CHAIRMAN SAUNDERS: All right.
Item #4D
PROCLAMATION RECOGNIZING MARCH 29, 2025, AS
NATIONAL VIETNAM WAR VETERANS DAY. ACCEPTED
BY ROBERT T. WILDE AND OTHER DISTINGUISHED
GUESTS - MOTION TO APPROVE BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER HALL –
ADOPTED
MS. PATTERSON: Finally, Item 4D is a proclamation
recognizing March 29th, 2025, as National Vietnam War Veterans
Day. To be accepted by Robert T. Wild and other distinguished
March 25, 2025
Page 12
guests. Congratulations.
(Applause.)
MS. PATTERSON: Commissioners, that brings us to Item 5A.
CHAIRMAN SAUNDERS: Hang on just one second.
MS. PATTERSON: I'm sorry.
MR. WILD: Thank you. My name is Rob Wild. I'm joined by
Tom Wonzowitz (phonetic) and Joe Kiley. We're Vietnam veterans,
and we humbly but proudly accept this honor on behalf of all of those
during the war who made the ultimate sacrifice and all of those who
couldn't be with us today. We serve proudly. We harbor no ill will
towards those who oppose that, and we thank you for not forgetting
us.
CHAIRMAN SAUNDERS: Thank you.
(Applause.)
CHAIRMAN SAUNDERS: And welcome back. That's one of
the things that --
MR. WILD: Welcome home.
CHAIRMAN SAUNDERS: Welcome home. There wasn't such
a great welcome home back in the '70s. So we appreciate everything
that you gentlemen did to serve this country.
And for the young folks out in the audience, our 4H and Know
Your Government folks, the military service is a great way to learn a
real skill. It's a great career. We have two veterans, Commissioner
LoCastro and Commissioner Kowal, two military veterans on the
Board. You learn great leadership skills. Any kind of area that you
want to specialize in, you can certainly learn new fields, and so it's a
great way to serve your country.
So thank you very much for that.
Ms. Patterson.
Item #5A
March 25, 2025
Page 13
"THE GATE" ARTHREX GOLF COURSE PROGRESS UPDATE
(BURT L. SAUNDERS, COMMISSIONER DISTRICT 3) –
PRESENTED
MS. PATTERSON: Commissioners, that brings us to Item 5A.
This is a presentation on "The Gate" Arthrex Golf Course progress.
This is being brought to the agenda by Commissioner Saunders, and
we do have Cindy Darland here from First Tee and Mr. David
Bumpous here from Arthrex.
CHAIRMAN SAUNDERS: Just for the -- a real quick
introduction, I wanted to bring this before the Board because -- for
two reasons. Primarily to let the Commission know all of the current
details of what's happening at the old Golden Gate Golf Course, but
also to let the public know in a very visual way the progress that's
being made out there at the golf course and the schedule and things
that are going to be really completed probably within the next 12 to
14 months. It's going to be an incredible resource and facility for our
community.
And so I want to welcome you here and look forward to your
presentation.
MR. BUMPOUS: Thank you, Commissioner. Good morning,
Commissioners, staff, and my Collier County fellow golfers. It's
good to be here this morning. My name is David Bumpous, and I'm
here on behalf of The Gate golf organization as well as The First Tee,
Naples, Collier County.
And as the Commissioner said, I'm here to bring you kind of a
high-level overview of where things stand with this project.
Mr. Miller, can you roll that video footage for us?
MR. MILLER: Oh, okay. Hold on just one second, sir.
MR. BUMPOUS: We have a short video here that I think you'll
March 25, 2025
Page 14
enjoy.
(A video was played as follows:)
The future of The First Tee Naples/Collier -- now for the first
time, First Tee Naples/Collier will have a home base. This new
learning center will be located at The Gate Golf Club, a public golf
venue which will include a driving range with 30 state-of-the-art
hitting bays, golf clubhouse, 175-seat restaurant, and a nine-hole
Jacobsen Hardy designed golf course.
Inside The First Tee learning center will be the most advanced
interactive technology and learning facilities which inspire our youth
to stay in the program through high school. Our new home will
provide the foundation that will enable kids to build strong character
and to develop core values as they learn the game of golf.
The center will also provide a safe place for our youth to gather
and office space for the dedicated First Tee staff to manage the
1,000-plus participants and 30 Collier County in-school programs.
The First Tee Learning Center will strive to teach and challenge
the children of Collier County to be the best that they can be on and
off the course.
Join us in celebrating our future by partnering with us as we
continue to build game changers in our community.
(The video concluded.)
MR. BUMPOUS: Thank you, Mr. Miller.
So as you can see, this is not a renovation of the old Golden
Gate Golf Course. This is a transformation of the property from top
to bottom. It's being done in three phases that are somewhat running
concurrent. The first phase has to do with the demolition and
reconstruction of the maintenance and grounds facilities. Secondly,
of course, is the golf course itself. Peter Jacobsen and team came in,
world renowned golfer and designer, and really has provided us with
kind of a canvas of what is going to become a beautiful nine-hole
March 25, 2025
Page 15
course, restructured, re-shaped, and that work is currently underway.
And then finally what we refer to as "the village." And the
village were those beautiful buildings you saw there designed by
MHK, a local architectural firm here in Naples. And the village
compromises [sic] both The First Tee academies and training centers
as well as their offices. Also, some gathering spaces, beautiful Oak
Wood Grill, which will be a 175-seat dining facility. And, of course,
a 30-bay covered driving range. It's going to be a beautiful facility,
well equipped and accessible to all with deep discounts, of course, to
our Collier County brethren.
So we're very excited about it. I think it's important to point out
that, you know, this project is -- it's really been on the drawing board
for many, many years, and it's taken many forms. But I'm very proud
of where we've come today. It's taken a tremendous amount of work,
time, effort. We have over 15 permits that have been working their
way through the processes. Some approved, some still working. We
have more than 30 contractors, or I should say participants in the
program, and that involves architects, engineers. That includes
consultants, suppliers, contractors.
I mean, it's the who's who of the best in the game of both Collier
County, Southwest Florida, and, quite frankly, the golf industry as a
whole. So it's pretty remarkable what's happening out there.
The demolition and first phase started about two months ago
with the golf course actually starting this month. And to echo
Commissioner Saunders' comments, we are on track for a spring
opening of 2026, and we're very excited about that.
Knock on wood, right now it looks like only Mother Nature can
really disrupt our plans. So no hurricanes and no heavy rains this
next year.
But again, we're very excited about the progress. And,
Mr. Miller, if you would share with us some of these photographs
March 25, 2025
Page 16
that were taken yesterday out on the site. What you're going to see is,
obviously, all the grassing has been killed. There's a lot of work
that's taking place now. If you move on to some of the additional
slides, the old cart paths are being removed at a rate of about 800
linear feet per day. All of that material's being ground on site and
reused in the foundations of the existing buildings.
So again, I go back to the course itself. The course is being, you
know, cleared of its vegetation, especially any invasive vegetation.
Some trees are being transplanted, moved. Some are being removed
completely. New trees will be added as well. So there's a
tremendous amount of work happening right now. The company
doing this work for us is called Glaze. Glaze is based out of Bonita
Springs and is arguably one of the top golf course companies in the
country. So we're really blessed to have such a talented organization
on board with us.
So again, just a few snapshots to show you. I think when we
stood here about a year ago talking about this, we all had some nerves
about how quickly this would happen or if it would happen at all.
So I'm very grateful to everyone that's been involved. I'm very
grateful to the board of The Gate, who has worked tirelessly, as well
as all those contractors and firms that I've mentioned. In addition to
that, the county itself, the staff has been fantastic in working with us.
Like I said, 15 permits is -- you know that's quite an undertaking, and
there's a lot that's -- that has to happen to make that work, as well as
the State of Florida and South Florida Water Management, they've
really stepped up as well, and we appreciate that, because we
recognize that, you know, there's a lot of activity going on in this
state and a lot of work, a lot of permits, and everyone's really come
together. So for the greater good of the community we appreciate
that.
So any questions, Commissioners?
March 25, 2025
Page 17
CHAIRMAN SAUNDERS: Any questions from the
Commission?
(No response.)
CHAIRMAN SAUNDERS: I don't see any. I'm going to make
a -- just a quick statement. I want to thank the Commission for
sticking with this project. We had a lot of bumps on the way here. I
think we started in 2019, I think, is when we purchased the property.
And it's been a lot of delays, a lot of disappointments. But what we
ultimately wound up with is, I think, the perfect solution to providing
golf to the community at a very low price, providing a facility that all
of us can be proud of. And it wouldn't have been -- it wouldn't have
happened if it wasn't for you and your -- your companies, Reinhold
Schmieding and what he has done and his family of companies and
with Cindy Darland, we wouldn't be here talking about this. And
again, without the support of the Commission, we would not
have -- we would not be here.
But I think this is going to be a really very nice facility, a
nice -- it's going to be a -- it's a county park. We own the property.
It's a county facility that's going to be operated by the Arthrex
families. And it's going to be top-notch, but it's also going to be very
affordable for especially our youngsters that want to get out and play
some golf.
So I want to thank you, Mr. Bumpous, and the Arthrex family,
and the County Commission for getting us to this point.
MR. BUMPOUS: Certainly, Commissioner.
I encourage everyone also to log into thegategolf.org, and you
will find our web page. It will be updated at least monthly, if not
more frequently, as progress is made on the project. So a great
opportunity to stay informed.
CHAIRMAN SAUNDERS: Okay. And, Ms. Darland, did you
want to say anything about The First Tee and when you're getting
March 25, 2025
Page 18
the -- what you're up to now?
MS. DARLAND: Good morning. Thank you to the
Commissioners, especially, for staying with the project. It really
means a lot.
My one thing is to -- May of 2026, we'll start planning the
Commissioners Cup, so be ready.
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER HALL: Oh, yeah.
MS. DARLAND: Thank you.
CHAIRMAN SAUNDERS: All right. Thank you.
Ms. Patterson, let's move on to --
MS. PATTERSON: Yes, sir. That brings us to Item 7, public
comments on general topics not on the current or future agenda.
MR. MILLER: We have -- let's see -- 10 registered speakers for
public comment. Your first speaker -- I'm going to ask the speakers
to queue up and use both podiums. Your first speaker is Graham
Ginsberg, and he'll be followed by Mary Alger.
CHAIRMAN SAUNDERS: All right. Let me remind the
speakers that you have a three-minute time limit. There will be a red
light that will let you know when that three minutes is up. A yellow
warning light will let you know when you have 30 seconds. And this
is items that are not on the current agenda. So we welcome all of you
here to tell us what's on your mind.
MR. GINSBERG: So my name is Graham Ginsberg. I've been
in Collier County since '93. I used to be quite active in this room on
the CAC, Coastal Advisory Committee. Also, I managed to get that
parking lot next to the Ritz-Carlton built. So if these guys think
they're tough, they're not as tough as Fred Coyle who fought that
parking lot tooth and nail, and I managed to get it built so you can
manage to get down to the beach in one piece.
It's a nice parking lot. "It's beautiful," as Trump would say, and
March 25, 2025
Page 19
we got it done because of activism and consistency, like the
Miccosukee crowd today, does matter.
I encourage the -- I think its Barron Collier crowd, the young
people, to come up and speak about anything you like. You've got
three minutes. And you can practice your public speaking skills.
And I'm not very good at them. I get a little nervous. So -- but I
wish you well, and good seeing you again. Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Mary Alger, and she'll be
followed by Darlene Santos.
MS. ALGER: Good morning. Mary Alger, Marco Island.
I come to you today on the Catholic Feast of the Annunciation
where the angel of Lord declared unto Mary, and she conceived in
her womb, and nine months later the Savior was born.
It gives me no pleasure to contract the holiness and acceptance
of God's divine will to the horror and curse of our pride and
disordered obedience to his will. I speak of the defiance of the gift of
life by abortion, and today I bring awareness of chemical abortions.
At this chemicalabortion.com, we come to find out that today
more than half of all abortions are now committed with chemical
abortion pills sending human remains and tissue and potent chemicals
into the wastewater system.
During COVID, the abortion industry came out of the shadows
with what would be the future of abortions, the sale and distribution
of chemical abortion pills, resulting in increasing amounts of aborted
infants being flushed into America's wastewater systems.
For those tasked with keeping our waters safe, human remains
are called pathological waste. The EPA recommends pathological
waste is carefully retreated by incineration or sterilized handling.
The drugs used in chemical abortion are Mifepristone, which is an
antihormone which blocks the hormone progesterone, essential to
March 25, 2025
Page 20
maintaining a pregnancy, followed by Misoprostol, which expels the
human from the womb in clots or in whole.
When it comes to pathological waste, the one who is in charge
of the process, who created the waste, is responsible for handling the
human remains. For example, if the limb is amputated, the job of
disposing of the limb is not given to the one whose limb was severed.
It stays with the medical professional whose action led to the
pathological waste. Why aren't we holding the abortion industry
responsible for the pathological waste that they are creating?
I have a graphic here which shows what happens to waste once
it's flushed down the toilet, which is where each chemical abortion
ends up. After being processed illegally at the wastewater treatment
plant, the human remains and the chemical abortion drugs are used to
irrigate or fertilize agricultural land and is used as reclaimed water to
water landscape plants in our parkways, et cetera.
The cycle continues as livestock, migratory birds, and aquatic
life are all impacted by the insects that feed upon the plants and
animals. In short, this pathological waste is brought into our food
supply.
In Collier County's Ordinance No. 2023-18, found in Paragraph
3 of the Collier County Health Freedom Bill of Rights, citing the
state of Florida protects citizens' health, related rights, and freedom
through Section 381.026 of the Florida Code. I compel you to
compel the abortion providers in Collier County to cease and desist
or financially mitigate all that's necessary to stop pathological
medical waste flowing out of all their water treatment facilities
located in all of Collier County.
God help those that work at the wastewater treatment plants and
that are now dealing with pathological medical waste, also known as
aborted children, and God help us as it travels in it -- help us in its
traveling aftermath. Thank you.
March 25, 2025
Page 21
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Darlene Santos. She will
be followed by Ewa Front.
MS. SANTOS: Good morning. I'm Darlene Santos, and a
concerned citizen. I had been to these meetings probably about a
year ago and then just kind of dropped away.
And I've just been, you know, asked to participate and get
involved again, which I really would like to do -- but I don't know. I
just try to put my time where I feel it's going to benefit the animals. I
do foresting. I do a lot of foresting. And I mean, I do want to help
the animals at DAS and do what I can.
And my concern recently was I did listen to the entire board
advisory meeting, the last one, and was just concerned about building
renovations. And I was told, and I've read, there was 6 million, I
believe, collected, and maybe it wasn't enough for a new building, a
new -- so I guess renovations were discussed.
And, like, I don't know what's going on. I hear, you know,
different things about the conditions at these buildings. And when I
was last involved, there was really one totally condemned building
that was going to be worked on, renovated. And I haven't heard
anything about where things are at with that. I do hear "delays" and
"we tried" and "we're going to meet and try to coordinate," this and
that, and I just don't know where it's going.
And I'm hoping, you know, we could get some answers. I
just -- I know it's a slow process. I know everything is slow and
takes time. But, like, some of the issues that I was hearing, like, there
was a gas leak, and 911 was not called, or whoever you would call
for that, but -- and I guess the thing is there's not a person in charge to
do that.
And then the other thing was there's no hurricane plan in place
for -- you know, for moving the dogs out. And some of the
March 25, 2025
Page 22
conditions. The dogs seeing each other getting all riled up. Shower
curtains unsanitary, getting dragged -- I don't know, it just sounded
like, well, what is being renovated or what is -- you know, it just
sounded very sad to me, you know.
It just -- and I know it's not easy and whatever. But, you know,
hearing the whole meeting -- and I listened to it twice, and I went,
"This is so sad," you know, and there is money. Where is the money
going?
So I think if there could be something where the public was
informed what is being done, what is the plan, where is all of this
money going that was collected. You know, is there any left?
Or anyway, I guess that's my concern in trying to find out, you
know, and, you know, kind of touch upon getting involved
somewhat.
CHAIRMAN SAUNDERS: Ms. Santos, your time is up. Let
me get you to do this. Contact my office. We'll get you some
information. You've got a lot of misinformation there.
MS. SANTOS: Okay.
CHAIRMAN SAUNDERS: So we'll get that squared away. So
thank you for your comments.
MS. SANTOS: All right. Thank you.
MR. MILLER: Your next speaker is Ewa Front. She'll be
followed by Ray Neary.
MS. FRONT: Good morning.
MR. MILLER: Pull the mic over.
MS. FRONT: Good morning, Mr. Chairman and members of
the Board. My name is Ewa Front, and I'm a Collier County resident.
I want to begin by sincerely thanking each of you for your
ongoing dedication and hard work in making Collier a wonderful
place to live. Your commitment to our community is truly
appreciated.
March 25, 2025
Page 23
Today I'm here to address the critical ongoing renovations at the
Domestic Animal Services facilities, the significant $6 million
investment by our community. I commend your efforts to improve
this vital resource for our county's animals and the dedicated staff and
volunteers who care for them; however, I respectfully bring to your
attention a matter of serious concern regarding the management of
this niche project. While I understand the skill set of our facility
department, animal holding sites have evolved considerably in recent
years with new standards far exceeding those of even five years ago.
This type of renovation requires specific expertise that may not
reside within our current Facilities team.
The next slide, please.
County's previously had the opportunity to partner with ADG
Architecture, a firm with proven track record in building and
renovating animal care facilities. They were initially tasked with the
construction of new DAS facility and have successfully completed
similar projects in our region, including Peace River Wildlife Center,
All Animal Pet Resort in Fort Myers, Lee County Animal Services
facilities expansion, and many others. For reasons unknown to the
public, they are no longer involved.
Slide 3, please.
I will email you an audio recording from the most recent DAS
advisory board meeting where numerous volunteers and board
members voiced significant concerns about the ongoing renovations.
These concerns include and address safety hazards, a dangerous gas
leak with no evacuation protocol in place, the lack of hot water for
three months impacting hygiene and animal care, non-functional
essential equipment, and animals living in unsanitary conditions due
to these issues. The pervasive calls [sic] and repeated rework
highlight a potential lack of effective oversight.
Next slide, please.
March 25, 2025
Page 24
In an effort to understand the status of this 6 million investment,
I submitted a public records request for the project's scope of work.
The county's response indicating a significant cost for staff time to
compile this basic information raises serious questions about the
transparency and accessibility of the project details. As responsible
stewards of taxpayer dollars, I believe we can all agree on the
importance of ensuring this significant investment is managed
effectively and efficiently. Given the unique nature of animal care
facility construction and the serious concern raised, I respectfully
urge you to reconsider reengaging ADG Architecture with a skilled
general contractor to oversee the remainder of this project.
Thank you so much for your help.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Ray Neary. He'll be
followed by Lisette Morales.
MR. NEARY: Good morning and thank you for the opportunity
to speak.
So further to the -- on the topic of the DAS facility renovation
project, so I had a chance to listen to last month's DAS board meeting
where several board member concerns were noted. If I can quote,
some of the comments mentioned were a lack of planning, doing
things two or three times with frustration as things are not getting
done, not clear on scope of work, and what are the fire alarm
procedures. These were all members of the DAS board that noted
these comments.
So a lot of these issues may boil down to communication
protocols, but at the end of the day, we, the taxpaying public, want to
understand the project -- how the project is being managed to ensure
our tax dollars are being spent efficiently.
From the perspective of a Florida state licensed general
contractor myself with 35-years-plus experience, hypothetically
March 25, 2025
Page 25
speaking, if I were to perform an assessment of the project, some key
information would be needed. I should qualify that a lot of this info
may exist, just not sure if it's available to the public.
The contract, some basic information of the contract. Contract
type, terms and conditions and the parties involved, who holds the
subcontracts, who pays the subs and obtains the lien waivers? Who
is the CM, the GC managing the project? Is if -- if it is Facilities
Management, is there an or [sic] chart identifying who does what? Is
the PM allocated to 50 percent of the job? Is the super on the job
100 percent on the job like he should be, et cetera?
And in the budget scope of work, I understand there's a budget
of 6 million. How is that budget allocated per building, and is there a
scope of work for each building?
And then, again, on the cost side of things, what's the committed
cost to date versus the budget? Are they done with 50 percent of the
work but yet they spent 75 percent of the money? That kind of
information would be important to mitigate any potential overruns.
And then the plans and permits, is there an architect/engineer
generated set of plans approved by an area having jurisdiction? It's,
in this case, either county or city agency. How many master permits
are open or not received? And the ones that are not received, I
believe Building 4 might be one of those. What is the processed
numbers, so you know, one could check in the city portal to see what
the status of the permit is and project how long it's going to take to
get.
And then, of course, the schedule. Is there a master schedule?
Is it up to date? What is the target completion date assuming a
phased project? And then the use of, like, a risk register to identify
any potential end-date impact items.
And then communication, that seems to be a sore spot. And I
believe the DAS board members did mention something of a
March 25, 2025
Page 26
workshop would be helpful; Facilities Management team could
attend. A lot of this information I'm mentioning could be identified
there.
And then in closing, improving the lines of communication and
having access to project information will give assurances to both the
DAS board and the taxpaying public that the project is being
managed correctly. Thank you.
COMMISSIONER McDANIEL: Mr. Chair, can I -- I just want
to apologize.
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER McDANIEL: My phone went off while that
gentleman was speaking, but I will be happy to assist in answering
these questions that are coming up. There's a lot of representations
and things that need to be discussed, and I'll be happy, sir,
if -- where'd you go? If you would, please -- if you want to send
those questions that you -- that you were asking there at the podium
to my office, we'll work on getting the answers to you.
CHAIRMAN SAUNDERS: Okay. Great. Great.
Mr. Miller.
MR. MILLER: Yeah, we have a little confusion here. I think
this might fall in the same way.
We had a couple people signed up in the wrong spot. We're
sorting that out.
Your next speaker here is Jose Jaramillo, and he will be
followed by Teddy Collins.
MR. JARAMILLO: Hello, gentlemen. It's a pleasure to be
here. It's a little sad for me to bring this subject as Mary Alger
mentioned it, the fact that we have chemical abortions and they've
been performed in our community. How people may not be aware of
the hazards and stuff. It's a moral issue. It's a -- it's a problem that
has been going for I would say 50 years. It's nationwide. It's an
March 25, 2025
Page 27
epidemic of a moral lack of vision.
I'm a father of six children, and I can't fathom to have the ability
to choose -- to be able to discard a human flesh just down the drain,
as it is very dear. The love for humanity has been lost.
Our children being told in school and through the media that
they're just a clump of cells, that's how we got to this point.
My question to you commissioners in the public, what is being
done to avoid this? The nation is declined -- this nation's morality
has declined. It starts with the citizens, and it's reflected in our
leadership.
As President Trump gave the -- made the clarity that he's a
pro-life, and he gave the state the ability to decide what we're doing
with this. So my question is: How is Collier County enforcing the
clinic that provides these chemical abortion pills are following the
law? I mean, it's happening in Collier County. And it's -- like I said,
it's a nationwide thing.
So I want to be -- I'm concerned -- and see what is it, how is it
being enforced, and how are we going to stop this? I don't want to
continue to kill children. I can't stay silent anymore; that's why I'm
bringing awareness to the public.
And I didn't -- I had a prepared speech, but it just shifted. I
apologize for that. And I just want you to be aware, and that's my
question: What is being enforced? What is the commissioners doing,
or what is the power that you guys can do to save a baby? It's a
clump of cells. Like they say, it is a fetus, which is a human, and it's
really sad. I really hate to tell you this, but --
CHAIRMAN SAUNDERS: Thank you.
MR. JARAMILLO: -- please be aware of it. Look into your
hearts and see what is it. Are you human? Are you doing everything
that is possible to save a life? All right. Thank you.
CHAIRMAN SAUNDERS: Thank you.
March 25, 2025
Page 28
MR. MILLER: Your next speaker is Teddy Collins. He'll be
followed by Sean McCabe.
MR. COLLINS: Thank you, Commissioners. I wasn't planning
on speaking today, but Jose told me he was coming out today, and the
topic, and I knew I had to be out here.
COMMISSIONER McDANIEL: Who do you have with you
there, Teddy?
MR. COLLINS: Oh, this is my son, Will.
COMMISSIONER McDANIEL: How about that.
MR. COLLINS: A good name.
Anyways, I'm out here -- a few years ago I remember that
Collier County filled this room with a lot of enthusiastic individuals
wanting to do a pet sale ban. Burt and Penny were two of them that
wanted to end the pet sale industry. Unfortunately, that happened to
be the industry I was in. I'm not in it anymore. I was pretty
disappointed.
And I was like, "God, how can you use this horrible situation for
good?" And then I remember thinking, "Well, if you have this much
power to ban, you know, an industry that is legal, you can ban straws
on Fort Myers Beach, you can ban strip clubs because you don't think
it's family friendly, why can't you ban abortion at a local level?"
So I was just praying. I ran into an individual in Texas doing it,
and he's been going around the country doing it like crazy. All five
of you guys supported making Collier County -- you were for the
Amendment IV in the positive way; you wanted to protect life. And I
think Collier County, just like when they do the pet sale bans, it starts
with one county and moves to the next county.
Collier County could be the first county to make Collier County
a sanctuary county for the unborn. The problem we had a couple
years ago was the six-week heartbeat bill got caught up in the courts
because of the privacy clause. Then it went in our favor, and we
March 25, 2025
Page 29
know we didn't have to be held up anymore. Now we don't have any
hiccups, and we can proceed forward with a county ordinance
protecting life, and we can go a lot farther than six weeks because we
know that human life begins at conception. Ninety-six percent of
embryologists and scientists believes that human life begins at
conception.
I'm not concerned about the priority of sea turtles. Naples City
decided they didn't want to do this "3-4" a few years, and I was pretty
upset. But I know you guys lean a different direction. I know you
guys value life. I know three of you committed to pursuing this and
wanted this on the campaign trail. And I need your help taking this
ordinance that I have here, maybe updating it, and making it a reality
now.
So I appreciate it. Thank you.
MR. MILLER: Your next speaker is Sean McCabe. He'll be
followed by Brandon Reiff.
MR. McCABE: Hello. Sean McCabe, 15-year resident of
Collier County.
I'm going to speak today about a general issue, sort of, in
general about past decisions and future decisions for the Board. Your
legacy and what appears to me and many other residents of the
county that I know, seem to be a lack of consideration of some of the
people in this county. Allow me a little latitude as I speak today
because I'm going to reference a few recent decisions I think are
representative of this such as Pelican Bay Community Park, which
was the only park close to my home in Naples Park and which had
open land in the form of a soccer field there which was then
converted to public use some -- for pickleball courts, exclusive use of
private sector, private persons who live adjacent to that area.
Then there was a decision regarding the citizen initiative to set
aside money for the purpose of buying environmentally sensitive
March 25, 2025
Page 30
land, and the money was repurposed.
I know that you-all believe that you're making decisions in the
public interest, but I ask you to consider which members of the
public. And the impact of your decisions affects all of the people of
the county from all walks of life. And your intent in making a
decision isn't what's, in my opinion, really important. It's the impact
of your decision on those affected by your decision. And you don't
know the impact unless you talk to and listen to the people impacted
by your decisions.
So please consider the impactful of your decisions on all
residents of the county, present and future, not just today but always.
And I thank you for allowing me to speak here, and I hope you
don't find my comments to be disrespectful, naive, or idealistic.
But I want to leave you with this. It's like, just because you
have the power to make a decision doesn't make it right. There's an
old folktale from Denmark about a meeting between two kings. The
one king says, "You see that tower?" And he points to this tall,
highly fortified part of his castle. "In my kingdom, I can command
any of my subjects to climb to the top and then jump to their deaths,
such is the power that all will obey."
The second king who was visiting looked around him and then
pointed to a small humble dwelling near by. In my pointing -- "In my
kingdom," he said, "I can knock on the door of a house like that in
any town or village and be welcomed. Such is my power that I can
stay overnight, sleeping well without fear for my safety."
In this day of divisive government, I think it's especially
important to consider all the impacts of decisions on all residents of
the county. I ask that just because you have the power to do
something, that you consider maybe putting some things up to public
vote rather -- before making a decision. Thank you.
MR. MILLER: Your final speaker under Item 7, public
March 25, 2025
Page 31
comment, Brandon Reiff.
MR. REIFF: Hi. Good morning. The North Naples community
is in mourning -- or they're mourning the tragic loss of 14-year-old
Clayton Miller. I'm sure you probably all heard. Clayton passed
away in a devastating e-bike accident two Saturdays ago in
Willoughby Acres, and I think you're going to speak about the e-bike
issues later.
Clayton was a great student, he was an amazing athlete, and a
wonderful son who was loved by all who met him. And in light of
the recent tragedy, I'd like to formally propose renaming Willoughby
Acres park to the Clayton Miller Memorial Park at Willoughby
Acres. This change would serve as a meaningful tribute to Clayton's
memory and provide a lasting reminder of the impact he had on our
community. It would also honor his family and loved ones while
reinforcing the importance of safety and community support.
Thank you for your time, and I appreciate your consideration in
this request.
CHAIRMAN SAUNDERS: Thank you.
MR. REIFF: Thank you.
MR. MILLER: That was our final speaker under Item 7, sir.
CHAIRMAN SAUNDERS: All right. Ms. Patterson.
Item #8A
RESOLUTION 2025-68A: 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
March 25, 2025
Page 32
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) - MOTION TO CONTINUE THIS ITEM AND
EXPLORE ALTERNATIVE LOCATIONS AND GRANT
PERMISSION TO THE COUNTY ATTORNEY TO PURSUE THE
SUIT TO QUIET TITLE IN THE EVENT THE DECISION IS
MADE TO UTILIZE THIS SITE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO
(THE MOTIONS SECOND WAS WITHDRAWN THEN THE
MOTION MAKER WITHDREW THE MOTION); MOTION TO
DENY THE UTILIZATION OF THE PROPOSED SITE AND
CONTINUE WORK AT THE CURRENT LOCATION IN
CARNESTOWN FOR RECONSTRUCTION OF THE NEW
TOWER BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO
MS. PATTERSON: Commissioners, that brings us to Item 8A.
This item requires ex parte disclosure be provided by commission
members. This is a 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 and Big Cypress Area of Critical State
March 25, 2025
Page 33
Concern Special Treatment Overlay 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-plus square feet of a
5.34-plus-acre tract located at the Ochopee Fire Control Station 66,
40808 Tamiami Trail East, 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.
Before we get started, we need ex parte from the commissioners
and then swearing in of all that are going to participate.
CHAIRMAN SAUNDERS: All right. We'll start off with
Commissioner Kowal.
COMMISSIONER KOWAL: Yes, sir. I do have ex parte. I
have emails.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: I have emails on the subject.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I have a full complement of
meetings, correspondence, emails, and calls.
CHAIRMAN SAUNDERS: And Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have meetings,
correspondence and emails.
CHAIRMAN SAUNDERS: Okay. And I have the same
disclosure: emails, correspondence.
We're going to have a little bit of a break here pretty soon for a
very special event. Believe it or not, Commissioner McDaniel is
going to be 33 years old today.
COMMISSIONER McDANIEL: Plus a few.
CHAIRMAN SAUNDERS: Yeah, I didn't mean 33. What was
the right number?
COMMISSIONER McDANIEL: Something like that. 10:06 is
March 25, 2025
Page 34
when we'll --
CHAIRMAN SAUNDERS: Yeah. So I'm going to probably be
a little bit rude to a speaker because at 10:06 I'm going to have to
interrupt you, whoever that may be. So I'll just -- that's just a
warning.
COMMISSIONER McDANIEL: Let's not interrupt somebody
important. We don't have to do it.
MS. PATTERSON: Commissioners, we also need to swear
everybody in. So audience included, please, if you're giving
testimony today or speaking as a speaker, please stand up and raise
your right hand to be sworn in by the court reporter.
CHAIRMAN SAUNDERS: This includes members of the
public that will be speaking.
MR. MILLER: Yeah, registered public speakers, please.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SAUNDERS: All right. Good morning.
MS. PATTERSON: Very good. We'll begin with the applicant.
MR. COPPER: Good morning, Commissioners. My name is
Branson Copper. I am with Davidson Engineering, and this is the
Ochopee emergency communication tower conditional-use
application.
One note, you don't think we can get through this in five
minutes?
CHAIRMAN SAUNDERS: We can try.
MR. COPPER: Along with me today, we have Mr. Jeff
Davidson of Davidson Engineering and Nathan Hinkle with Collier
County Department of Public Safety.
Our project is located about 28 miles east of Collier Boulevard
March 25, 2025
Page 35
and U.S. 41 and five miles east of the existing communications tower
located at State Road 29 and U.S. 41. I think it's important to note
here the reason why we're standing here today for this petition is the
National Park Service and the contractor has already purchased this
property, and there are plans to tear down that existing
communications tower.
The property is currently zoned "conservation district," which
allows, via the conditional-use process, essential services, including
communications towers. There is an ACSC overlay on the property
as well, which is an area of state concern. With that overlay, there
are a variety of development constraints. Some of them are listed
here, but we can identify more of those when we take a look at the
concept plan.
Our proposed use is a 350-foot-tall emergency communications
tower with the caveat that some equipment might extend 10 feet
beyond that tower height. That will include antenna and a lightning
rod. Again, this is essential service for 911 emergency services, the
state law enforcement center, as well as the national park system, and
it has the capability to support cellular providers. Again, though, that
is an ancillary use to the primary function of the tower being the
emergency uses on the tower.
We have some impacts to the area -- site. We are proposing a
350-foot-tall tower. There is no hiding this tower. Studies show that
typically within three or so months, that they stay into the
background for those that are around them every day. I compare this
to when you buy a new car, you see that -- start seeing that car all
over the place, but then after a while you stop noticing them.
Sound, we are proposing a generator. It will cycle on during
power outages as well as for maintenance. To help dampen that
sound, we are proposing an enclosure around the generator. We have
no smell-anticipated issues.
March 25, 2025
Page 36
Safety, the design criteria for this tower is risk Category 4
storms with up to 174-mile-an-hour winds. I think that's important
for this location specifically. And RF exposure shall meet all FCC
guidelines.
KCI Technologies has reviewed the tower to ensure compliance
with the county's 250-foot fall radius. I also listed a couple more
federal and state building codes for reference, most importantly being
that ASC716; that's where you get the 174-mile-an-hour wind rating.
Speaking of separation, this exhibit was prepared to show the
250-foot fall radius, which is required by the county. Our use to the
west is 370 feet away, and the nearest use to the east is just over a
thousand feet away.
We are requesting two deviations. Number 1 being the county
code requires the compound surrounding the tower to be completely
surrounded by a fence or wall eight to 10 feet in height with opaque
screening. We believe due to the location of the compound on the
site that you're not really going to see it from the road, nor can the
neighbors develop to the property line, so they're not going to be able
to see it. So while we are proposing an eight-foot-tall fence, we're
requesting that it doesn't have to be screened. We're proposing a
chain-link fence.
Deviation No. 2, the county allows for 185-foot-tall towers in
nonagricultural districts. Again, we are requesting a 350-tall tower
with equipment extending 10 feet beyond that to a height of 360 feet.
Here's our proposed site plan. On the plan, you can see the
tower itself, an equipment shelter, standby generator, aboveground
propane tanks. In the top left corner there, I'd like to circle back to
that ACSC overlay. Two key components for this site in particular:
10 percent of the site can only be developed. We are right under that
threshold by a few hundred square feet; and 5 percent of the overall
site can be considered impervious. That's buildings, drive aisles,
March 25, 2025
Page 37
things like that, and we are right at that threshold of 5 percent.
And with that, I'd like to turn this over to you-all for any
questions.
CHAIRMAN SAUNDERS: All right. Let's see if there are any
questions from the commission. I'm not seeing any. So that's your
total presentation?
MR. COPPER: Yes, sir.
CHAIRMAN SAUNDERS: All right. Then we'll hear from
staff.
MR. COPPER: Hold on one moment, please.
Okay. So previously the liquid propane tanks for the generator
were located within the setback. We have since moved those outside
of the setback so that they are within conformance to the county
code. That is reflected on this plan and the plans submitted.
CHAIRMAN SAUNDERS: All right. Mr. Bosi.
MR. BOSI: Mike Bosi, Planning and Zoning director.
This tower was heard by the Planning Commission at their
February 6th Planning Commission hearing, and there was a
recommendation of approval from the Planning Commission to the
Board of County Commissioners. There was -- staff's
recommendation is a recommendation of approval to the BCC and to
the CCPC. At that hearing, we had one individual who spoke against
the tower.
I know it's six minutes past, so we can stop.
CHAIRMAN SAUNDERS: Is this the right time,
Commissioner?
COMMISSIONER McDANIEL: It is the right time. If you
folks will indulge, I have an 85-year-old mother who wishes to sing
Happy Birthday to me.
MS. BROWN: Happy Birthday, dear William Lee, Jr. Happy
Birthday to you.
March 25, 2025
Page 38
COMMISSIONER McDANIEL: Thank you, Mother.
(Applause.)
COMMISSIONER McDANIEL: This is a very, very serious
subject matter, and please don't -- there are real-life things going on
at the same time as well, and I appreciate your indulgence.
Thank you, all.
CHAIRMAN SAUNDERS: Well, thank you for having your
mother share that with us. It actually is very special, and we
appreciate that.
COMMISSIONER McDANIEL: Yes, thank you.
CHAIRMAN SAUNDERS: Mr. Bosi.
MR. BOSI: Thank you.
And like I said, at the hearing we did have one individual
speaking against the tower, and subsequently, from that period of
time, we have received two correspondence, one from the District
and the Big Cypress Basin, and it was a letter that we received on the
23rd of March and, basically, it supports the tower saying it advances
governmental communications and safety and services.
We also received a letter from the Miccosukee tribe objecting to
the tower citing the 19 -- 1974 Big Cypress enabling legislation
which says that this would have an impact upon the indigenous
peoples and some of their ceremonial customs, and based upon that,
they are objecting to the location.
Overall, from a -- from a land-use standpoint, a
telecommunication tower at a safety service facility, an EMS, fire, or
a sheriff's station is a preferred location. It's something that's
customarily associated with it, but because of the objection from
the -- from the Miccosukee tribe, I think staff is a little concerned
about the enabling legislation of 1974.
And I also know that there's also a question in terms of title
related to this facility. This facility was deeded to the county to be
March 25, 2025
Page 39
used as a safety service fire station. It's still going to be a fire station.
The addition of a tower, there's been a claim that that invalidates that
original granting of the property, and I think that's one of the reasons
why the County Attorney's Office is looking to provide for clear title
to the Board of County Commissioners.
But with that, any questions that you may have.
CHAIRMAN SAUNDERS: I don't see anybody lit up here. So,
Mr. Klatzkow, I do have a couple questions that was just -- actually
just raised by Mr. Bosi. The issue of the clear title, I'd like a little bit
of an explanation as to what we have to do to make sure that we have
clear title, but more significantly, the enabling legislation of 1974,
what's the impact of that? What are the restrictions we have in
reference to this, or have you had an opportunity to review that?
MR. KLATZKOW: I have not had an opportunity to review the
claims by the Miccosukee tribe.
CHAIRMAN SAUNDERS: All right. Commissioner
McDaniel -- what about the title issue?
MR. KLATZKOW: The title issue, we recommend that the
Board allow us to take declaratory judgment before we act on it.
CHAIRMAN SAUNDERS: All right. Before we act today?
MR. KLATZKOW: No. Before we actually start construction.
The statute of limitations on this is anywhere between four to seven
years depending how the complaint is structured, which means you
could put up a tower, and five years from now somebody will bring
up the deed restriction.
CHAIRMAN SAUNDERS: All right. So if this is approved,
then you'll take action to clear title?
MR. KLATZKOW: With the Board's permission, yes.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Thank you, Mr. Chair.
I have a couple of questions. And I don't know what the will of
March 25, 2025
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this board is particularly, but the existing tower that exists at
Carnestown, how long has that lease been gone, if you will? That
tower still works. That's the tower that is currently being utilized; am
I correct?
MR. BOSI: That is the tower that currently provides services to
the facility. In terms of its expiration, I had heard it's been expired
for five years, but I'm not in the real estate division for the federal
government, so I'm not quite sure the accuracy of that. But I have
heard that it's been five years it's been expired.
COMMISSIONER McDANIEL: I think that is accurate. I had
a conversation with the Parks yesterday, and that was shared with me
that that lease had, in fact, been expired for about five years.
One of my -- one of my questions -- and this is a suggestion that
I have today. I did have -- I did have a conversation yesterday -- and,
Mr. Chair, if it's your will to hear our public speakers and actually
have a vote on this, I'd be happy to. But I really think, in light of
conversation that I had with Park Service and in light of the
conversation I had with tribal leadership yesterday, in light of the fact
that there are issues -- in light of the fact that there are known issues
revolving around the title, I'd make a suggestion that we minimumly
continue this item and that we explore alternative locations.
I'm -- I -- it was shared with me by tribal leadership
yesterday -- and forgive me, Edward Randall Orenstein is who I
spoke with yesterday, and he shared with me something that really
resonated with me, and he said that, you know, as a normal practice,
tribal leadership is happy to support life-sustaining infrastructure
construction projects but yet had not had much communication from
members of the tribe that were living in this particular area.
And until this came through the Planning Commission and then
ultimately here today, they really weren't aware of the practices that
were, in fact, transpiring in very close proximity to this facility.
March 25, 2025
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And so I minimally would suggest we continue this item. It
would make me happy if we discontinued utilization of this site; that
we explore other locations. I know that there was a lot of
time -- when I spoke with -- with superintendents yesterday at the
park service, years have gone into site selection here with, relatively
speaking, little visibility, especially to me, in regard to how this
particular site was, in fact, selected. And so --
CHAIRMAN SAUNDERS: Okay. You're entitled to one
birthday wish, so we'll see how that pans out for you.
COMMISSIONER McDANIEL: There we go. So I've said my
peace for now, and we can proceed on. Do you want a motion right
now, or do you want to -- do you want to do --
CHAIRMAN SAUNDERS: Yeah. I have Commissioner
LoCastro lit up. If you want to make a motion, you certainly can, but
if you want to wait until we hear from the Commission.
COMMISSIONER McDANIEL: I'll wait.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: If anybody cares, my birthday
was on Friday, the 21st, but my mom's not going to be calling in.
CHAIRMAN SAUNDERS: Yeah, none of us care.
COMMISSIONER LoCASTRO: I would -- I had the same -- I
had similar questions. It's not like I want to kick the can on this one,
but I didn't see a lot of detail as to other -- other sites that were
considered. It seems like there's a lot of space out there. I mean, I
get a -- this isn't my district, but I get a lot of complaints -- it's right
on the edge -- from folks that, when hurricanes roll through, you
know, everybody has no cell service or, you know, communications
of any kind, so I understand the importance of it.
But I think when this comes back to us with, like you said,
maybe minimal -- it doesn't look like this thing needs to come back in
six months. It would be quick.
March 25, 2025
Page 42
The deep dive I'm looking for is multiple sites and where it
could have been. Some of the emails I got made it sound like the five
commissioners just decided to plop it in one space and had no
consideration for, you know, the local folks who owned adjoining
land, and none of that was the case.
So I think a deeper dive to separate rumor from fact and see if it
has to go exactly there or there's other space where it could go. It's
obviously a large tower, but there's a lot of square footage, a lot of
acreage out there. So I'd just like to rule out certain locations or rule
them in, which is what I think you're saying. So I'd occur. That's
what was in my notes.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
I guess my question is, is the site that's chosen now, is it private
property or is it county property?
MR. KLATZKOW: We own it.
COMMISSIONER HALL: We own it. And the other sites,
would we -- would we own that property as well, or would there have
to be lease -- leases with -- arranged with private property owners?
MR. BOSI: If it was within the park system, that would be
federally owned property. So that would be -- I mean, that would be
an arrangement for the federal -- with the federal government and
whoever was going to lease the site.
COMMISSIONER HALL: I guess I'm asking these questions
because I figured there was a method to the madness of this site
selection instead of just throwing a dart and saying, "Yep, this is a
good one." So I just didn't know if just continuing this for a short
amount of time would allow us ample time to find a viable site.
And then the other question was, is this site -- it's not on tribal
lands. It's just close -- is that -- is that the case?
MR. BOSI: It is with -- the property is owned by the county, so
March 25, 2025
Page 43
it is not on tribal lands.
COMMISSIONER HALL: Okay.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I mean, like, in the 11th hour, I got a couple of emails. I mean, I
didn't get a ton of correspondences on this, you know, until now, and
then I looked at the room and referenced as many people that seemed
like they're involved or have an interest in this.
To me, if seems like you might be jumping ahead a little bit too,
myself, so -- and yeah, I kind of agree with a couple other of my
commissioner colleagues up here that maybe this needs to take a
deeper dive than just moving right into it right now, because there's
even some question -- you know, we might come up against reference
to the deed issue in the future anyways.
So, you know, I think these things need to be looked at a little
bit closer or maybe a little bit more. You know, I knew the Planning
Commission didn't have an issue with it, but I'm surprised that maybe
this wasn't out there enough to -- you know, because it seems like
more people are now involved in it than were prior to the Planning
Commission.
MR. BOSI: I would add there was only one speaker.
Mr. Shealy was the only one speaking. We hadn't received any
correspondence from the Miccosukee tribe. So none of -- these
issues weren't discussed in full with the Planning Commission in that
regard.
COMMISSIONER KOWAL: So this -- let me just ask this,
Mike. Does this require any type of, like, neighborhood information
meeting --
MR. BOSI: Yes.
COMMISSIONER KOWAL: -- or anything that goes out? So
how was that done?
March 25, 2025
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MR. BOSI: It was done. It was notified by a thousand feet of
the location, and it just basically happened to be the Shealys were the
only ones who received that in the Park Service.
But part of the due diligence process for constructing a
tower -- and it's in the backup. All of the tribes were notified of this
planned tower location. They were -- they were communicated with,
and they said, if we do not receive any communication back from the
tribes, we accept that as your consent or as your non-objection. We
hadn't received anything up until the time. Like I said, it was just a
couple days ago that we received the objection letter from the
Miccosukee tribe. Not to invalidate it. It just came in at a late time.
COMMISSIONER KOWAL: Okay.
CHAIRMAN SAUNDERS: A couple of quick questions. And
the existing tower is still being used?
MR. BOSI: Correct.
CHAIRMAN SAUNDERS: Is there any indication that the
federal government's going to take action immediately to shut that
down?
MR. BOSI: From my conversations -- and this is -- I think
Commissioner McDaniel could probably answer it a little bit better. I
think that they are -- they are okay with it still maintaining, but they
would like to see this decommissioned as soon as possible.
CHAIRMAN SAUNDERS: Okay. And so in terms of keeping
that location, certainly for the next couple of months, that's not going
to be an issue. Possibly even longer, if necessary, to actually find a
site and build a tower. We're not going to create a public-safety
problem by not moving forward quickly on this?
MR. BOSI: Not as long as the federal government has indicated
that they are allowing the tower to remain in place, and I think that's
what we've heard from the -- we've heard from the Park Service.
And speaking with Mr. Hinkle, he thought within four months
March 25, 2025
Page 45
we could have identified a number of different options for the Board
of County Commissioners to consider as alternatives with this site as
being one of the alternatives.
CHAIRMAN SAUNDERS: I have no issue with continuing this
if that's the will of the Board, but I would ask that you contact the
Park Service and let them know that we'd like to keep that site as-is
for the time being. And I don't know if anybody on our staff has
inquired as to whether or not that could stay there indefinitely, but
that would be a question I think should be asked when this comes
back.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Is anyone here from our
emergency operations systems with regard to that tower? I just want
to ensure, as Commissioner Saunders was asking, that we are not
imposing negative circumstances on our first responders.
MR. HINKLE: Yeah. Good morning, Commissioners. Yes, I
am with the Department of Public Safety.
COMMISSIONER McDANIEL: And you are?
MR. HINKLE: I'm Nathan Hinkle. I'm the telecommunications
manager for Collier County.
This should not impose a negative effect on us using the tower
currently. I think the Big Cypress National Parks has been
understanding about the fact that we can't just pick up and go
someplace else. Trying to evaluate sites has been very difficult. One
of the sites was evaluated on the Nathaniel P. Reed Area Visitors
Center. That deal fell through.
We also evaluated another site to the north of the gas station at
41 and 29. Again, another failure.
We are negotiating -- we're trying to find other places. This
particular site adjacent to the Shealy property, which is -- was a gift
to Collier County, which we greatly appreciate, and we respect what
March 25, 2025
Page 46
your family has done for public safety in helping us have that facility
as a place to fight fire out of and associated purposes. This goes hand
in hand with that need.
Big Cypress has equipment on this tower, communications
equipment for public safety. If they plowed that down today, they
would also put themselves at jeopardy. And I think they understand
how critical this is for all of us to continue communications for both
the state, the federal government, and ourselves.
CHAIRMAN SAUNDERS: All right. Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
While we have -- do we have any idea how close is too close
with the Miccosukees for future site developments should we decide
to do that? Or -- I mean, it's obvious that they've stated that they're
willing to support public safety infrastructure, but at the same time, if
we could get that feedback now, that would be helpful, because I feel
like it's going to be the will of the Board to kick this down the road
just a short time.
Do we have any idea how -- from any communications with the
tribe that the --
CHAIRMAN SAUNDERS: Let's see. Is there anyone -- any of
the registered speakers that's kind of in the leadership in terms of the
tribe that can kind of answer a couple questions?
(No response.)
CHAIRMAN SAUNDERS: All right. I don't see any
volunteers.
Yes, sir, come on up. If you'd state your name for the record,
and I think the question that is being asked -- and, Commissioner
Hall, I don't know if you want to restate it or I can.
COMMISSIONER HALL: You can go ahead.
CHAIRMAN SAUNDERS: The question is, is there some
distance separation that the tribe would be looking for? This
March 25, 2025
Page 47
apparently is too close.
MR. TED BILLIE: Yeah. I have relatives that live there at the
place they're talking about putting the tower. It's just right next door.
CHAIRMAN SAUNDERS: Okay. That's not -- yeah, but that's
not what we're looking for. Just in terms of the tribe in general, is
there some other -- is there some separation requirement? I think
that's what you were asking. And you may not -- you may not have
an answer to that.
MR. TED BILLIE: Not really.
CHAIRMAN SAUNDERS: That's all I was kind of looking for,
just to see.
All right. Thank you.
MR. TED BILLIE: Could I say something before I leave?
CHAIRMAN SAUNDERS: Absolutely, sure.
MR. TED BILLIE: So I got relatives that lives real close to the
tower, where they're going to make the tower, and the Shealys is next
door. And I'm just worried about having -- the tower might have
some kind of side effects that's going to endanger their, you know,
health and stuff like that. So I'm against that, and I don't want that
tower to be there, so...
CHAIRMAN SAUNDERS: Understood.
MR. TED BILLIE: I mean, of all the places, the vast area, they
could put it somewhere. You know, why has it got to be always
where Indian people are? Just like in Hawaii and North Dakota,
South Dakota, and all that.
CHAIRMAN SAUNDERS: All right. Thank you.
Mr. Bosi.
MR. BOSI: Mike Bosi, Planning and Zoning director.
I do have a suggestion. I spoke with Mr. Hinkle. He had said
we'll -- we'll reach out to the Miccosukee tribe as we are going
through the site selection and coordinate with them in terms of -- to
March 25, 2025
Page 48
get some earlier feedback in terms of if there's going to be an
objection to proposed locations.
CHAIRMAN SAUNDERS: All right. Commissioner
McDaniel.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN SAUNDERS: Now it's time for a motion, I think.
COMMISSIONER McDANIEL: Good. Thank you, sir. I was
going to make that suggestion that we allow our staff to answer those
particular questions, because we did receive the correspondence
rather late after the Planning Commission, and it really needs to be
investigated by our staff and people of professional qualifications.
So if it is the will, I'd like to make a motion that we continue this
item; that we allow the County Attorney to explore the title
deficiencies that are currently existent; that we, in the meantime,
support and look for alternative locations for this facility so that it can
not be here any longer.
One of the things that -- and I don't want to belabor the point,
but I'd like to make a motion that we continue this item for further
exploration of an alternative site. And I'm pointing at the County
Attorney to explore the deficiencies within the -- the deed restriction
that is currently there.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second.
COMMISSIONER HALL: I have a question.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: So you're not suggesting that we
discontinue this site. Just kick -- just move it forward as well as --
COMMISSIONER McDANIEL: Well, it would be my wish to
discontinue this site completely, but in light of where we are, with the
exploration that's been done, I would like some further examples, and
March 25, 2025
Page 49
certainly, I don't want to ever put us in jeopardy of lack of
communications of our first responders.
So my first wish would be "Discontinue this now and go find
another site." My first wish would be, "Leave it on the Carnestown
location where the tower has been since 1942." But that -- that can
be something that we can ultimately discover as we go along as we're
looking at these alternative sites.
It was shared with me yesterday that there are alternative sites.
They will require negotiation, communication with the federal
government. There is revenue that comes from this as far as a rental
goes. And the federal government will be the one that receives that
revenue. And I gave some suggestions as to where they could spend
that money and best appropriate those funds as well.
So for now, I think the best thing for us to do, in light of the
information that we have and that I have received, that we continue
this item until this investigation can be completed.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. I also would like to -- I'll support the motion, but I want staff
to communicate with the federal government on that location.
Frequently, there's a lack of communication. I don't know what the
federal government wants to do with that piece of property. But the
communications tower that's been existing there for a long time,
maybe that's not going to be something that will be objectionable
going forward. And so we'd like to solidify that issue with the
federal government. Can we just keep the tower where it is? And I
don't know if this gentleman wanted to -- did you want to -- did you
have a few comments on the motion?
MR. GOPHER: I'm on the speaking agenda.
CHAIRMAN SAUNDERS: Okay. I'm going to get to that in
just a second, then. All right. So we have a motion and a second.
Mr. Miller, how many speakers do we have?
March 25, 2025
Page 50
MR. MILLER: Between here and on Zoom, 32.
CHAIRMAN SAUNDERS: Okay. Let me suggest this motion
to continue this for further information is going to pass. We're not
going to cut off the speakers, but I would ask that if there's -- you
know, if you have a particular comment -- we don't really need 33
speakers to come up and say, "We don't want this site." So we
understand that.
And so just because of the -- like I like to say, the shortness of
human life, if we could just simply move this along a little more
quickly, that would be appreciated, but you are welcome to give -- to
give your presentation. So, come on up, and state your name for the
record. And if there's any other speakers that are willing to just kind
of waive your time for right now, that would be appreciated. Yes, sir.
MS. PATTERSON: Commissioners, before he gets started, our
group of students is going to make their way out of the room. I just
wanted to let you know.
MR. MILLER: And, Mr. Chair, do you want me to call the list
of speakers or -- I don't know how you want to do this.
MR. GOPHER: Yeah. I don't know if I was first on the list or
not.
MR. MILLER: No.
MR. GOPHER: I don't want to get ahead of anybody.
CHAIRMAN SAUNDERS: All right. I was trying to avoid
going through the whole list here.
MR. MILLER: While the students are leaving, I'll let you know
our first registered speaker is Jack Shealy. The second listed
speaker's Maria Shealy. Now, Jack Shealy's been ceded additional
time from David Shealy. I think I see David back there.
(Raises hand.)
MR. MILLER: Yeah. And by Jaleesa Hill, if you could raise
your hand.
March 25, 2025
Page 51
(Raises hand.)
MR. MILLER: Oh, I see you. And Ted Billie. I know he's
here.
(Raises hand.)
MR. MILLER: Okay. So Jack Shealy would have 12 minutes
and would be followed by Maria Shealy. But again, as the Chairman
has stated, we're going to continue this item, more than likely.
CHAIRMAN SAUNDERS: Before we begin the speakers, we
do need to take a court reporter break. So we'll break until quarter to
11.
(A brief recess was had from 10:30 a.m. to 10:45 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN SAUNDERS: Ladies and gentlemen, if you'll
take your seats. We're going to resume the meeting.
Mr. Miller.
MR. MILLER: Mr. Chairman, our first speaker is Jack Shealy,
and he'll be followed by Lori Martinez.
Mr. Shealy will have a total of 12 minutes. If I could get the
next speaker to queue up at the other podium, that would be fantastic.
Jack Shealy?
COMMISSIONER McDANIEL: He might have left.
UNIDENTIFIED MALE VOICE: He'll be back.
MR. MILLER: Okay. Let's go ahead. We'll come back. Lori
Martinez. And Ms. Martinez will be followed by Joseph Alger.
MS. MARTINEZ: Good morning. And thank you for the
opportunity to speak. My name is Lori Martinez. I am a licensed
mental health counselor with the state of Florida, and I'm in practice
as a therapist here in Collier County with Azure Counseling and
Psychotherapy.
I'm here to speak about the traumatic impacts on mental health
of the imposition of a cell phone tower adjacent to the Miccosukee
March 25, 2025
Page 52
community. The emotional trauma of having the disruption of a
tower forced next to the community is very likely to provoke
symptoms of emotional trauma caused by disruption to way of life, to
peace, to security, to daily living, and for that reason it should be
avoided.
We want to make sure that we're promoting the mental health
and well-being of our friends and our neighbors in the community,
and the disruption of emotional trauma, which the building of a tower
would cause, would lead to harm in this respect.
For this reason it's important that we think about the mental
health and well-being of our friends and neighbors and that we avoid
forcing further disruption and instability, which this would cause.
Thank you.
MR. MILLER: Your next speaker is Joseph Alger. He'll be
followed by Jen Hammer Cardenas.
MR. ALGER: Joe Alger, Marco Island, Florida.
Happy Birthday, Bill, Rick. My birthday is tomorrow. We can
make it a trifecta.
I am not from the Miccosukee tribe, but I do not want these
towers. I ride out there every day two to three times a week, maybe
four. I've been going out there for 10 years. The towers are awful.
They completely destroyed Everglades City with a tower in the
middle of the square, which just has taken so much away from that
community. It's horrible. Every time you ride in, you look at that
thing, and it's --
The other one that's on the corner of 29 and 41, and there's
another one in the -- oh, goodness, in the Monument Lake Camp
area. So you've got three towers out there already. I've never heard
anybody talking about a lack of cell phone service during a hurricane.
I've never -- I've been riding out there for 10 years. I've never lost
service riding 60 miles out and 60 miles back.
March 25, 2025
Page 53
I know you want to just take that one down that's on 29 and 41.
It would seem to me, like, just leave everything where it's at. Throw
a few more towers on that one on 29 and leave things as it is.
All these people out here, they live out there. I love how guys in
suits come out and tell us -- the people that live out there, they tell the
indigenous people and folks that live out there that this tower's not
going to infringe. Guys in suits tell them what they need out there.
They need another tower, yet the people are coming here saying, "We
don't want it." It seems like it's a pretty strong buy-in signal that they
don't want a tower out there.
And I can tell you that there's enough stuff that we've taken
away from the Everglades. It's the only place you can ride eastbound
where you can have a nice, relaxing ride. Everything else is being
built up, including pulling that airport out, but that's another subject.
I wish we could leave that in Everglades City, too.
But, gentlemen, I would really -- I like the fact that you've kind
of kicked this down the can -- road a little bit, but I hope you decide
not to put the tower up at all. And this -- particularly, 350 feet is an
additional 100 feet out there.
And regardless of what the guy in the suit says, a 350-foot tower
does not blend into the landscape in time. It's an insult to come out
here and say that, that eventually you'll just live with this thing. It's
350 feet, which is 100 feet higher than any other tower that's out
there.
Thanks, guys. Again, Happy Birthday.
COMMISSIONER McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is Jen Hammer Cardenas,
and she'll be followed by Sophia Christodoulou.
MS. CARDENAS: Good morning. I'm Jen Cardenas, and I've
lived here for over 53 years. Grew up here. I work here. And this is
home for me.
March 25, 2025
Page 54
Collier County is visited by almost three million people a year.
Most of them come for our unique natural beauty. So many people
visit our Everglades. It is the only Everglades in the world. Visitors
and locals alike value and have come to expect a pristine natural
environment when they come to this unique place.
The main passage through this area is our historic and lovely
Tamiami Trail. We've done a nice job of keeping it picturesque and
unspoiled. Let's not blow it by building a 350 -- excuse
me -- 360-foot eyesore of a utility tower right along this scenic
highway.
Did you know that April is Everglades Dark Sky Month?
Astronomists [sic] and casual stargazers alike will come out to this
pristine area this month and every month because it is free of light
pollution. That ruins the night sky. Imagine a 350-foot tower with
blinking lights in this Dark Sky area.
There are multigenerational families and local indigenous
people that live and have ceremonial areas right under where this
tower is proposed. According to several studies, living within a
quarter-mile of a cell tower increases the risk of cancer in humans by
four times.
This is also a well-documented and busy wildlife corridor. I am
sure these birds, panthers, and other animals would also be affected.
I think we all understand that these communication towers are
inevitable and necessary for communication, but surely we could find
a less intrusive location for this one.
Thank you.
MR. MILLER: Your next speaker is Sophia Christodoulou.
She'll be followed by Jack Shealy.
UNIDENTIFIED MALE VOICE: She had to leave.
MR. MILLER: Andrea had to leave?
UNIDENTIFIED MALE VOICE: Sophia.
March 25, 2025
Page 55
MR. MILLER: Sophia had to leave? I'm sorry.
Then we'll go to Jack Shealy, and he'll be followed by Andrea
Werder.
MS. WERDER: I'm not speaking.
MR. MILLER: You're not going to speak, Ms. Werder, okay.
Hold on just a second, Jack.
Lewis Gopher, are you going to speak, sir?
MR. GOPHER: Yes.
MR. MILLER: You will be next after Mr. Shealy.
MR. SHEALY: Commissioners, thank you so much for
allowing us the opportunity to come and speak. I had some notes. In
lieu [sic] of where we are with the situation, there's no need for me to
take up the 12 minutes of time today.
I notice as we brought, you know, different concerns to the table
that they've been addressed one by one, starting with two 500-gallon
propane tanks in the southwest corner of the property. I saw you
guys dealt with that. We do have controlled burns out there and fire
issues, so that one was a direct violation of the state fire code. And
I'm a little disappointed that that slipped through the Planning
Commission. And obviously, it's been addressed before it got here,
so that's good.
One of the other concerns was the deed, and it looks like
everything we brought to the table has been addressed item by item.
At this time, I'm not going to bring all the things that I have
found in the 400 pages of environmental assessment and everything
else to everyone's attention. I think the best bet is to find another
location. It sounds like you guys are looking at this.
But just right out the gate, the DOT RADS system -- it's a
wildlife crossing project -- was installed across the front of our
property and the Ochopee Fire station. There's about a quarter-mile
stretch that's been acknowledged through environmental studies as a
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main wildlife crossing. This tower involves 364 feet -- linear feet of
fence that's going to go around it right in the middle of a panther
crossing, which I think is a horrible idea. So if we're looking for
different things to check off the list, you guys can start on that one.
As far as the engineering and the plans go for the tower, that
would be a good place to start for the next dib on your end,
Mr. Davidson.
Thank you so much for restoring my faith in these
commissioners chambers. In the community, our voices are loud.
We've brought a lot of friends in here today to speak on our behalf.
It's been passed down to me from the indigenous elders in the
Seminole and Aboriginal nation that we're supposed to take care of
each other. And from everybody in this room, I just want you-all to
know I really appreciate you-all being here today to speak up for
what's right.
Filing a lawsuit to address the deed stipulations is only looked at
as a slap in the face for the people that, in their good graces, deeded
this property to be used for fire suppression as it's listed in the deed.
Filing a lawsuit to address that is something that is unacceptable in
the public's eye. And I'm speaking out of my means and for other
people, but I think a lot of people would agree with me.
So I hope that you guys can find another location. Thank you
for allowing us to come in here and make public comment, and I
appreciate you guys so much for working with us through this
process. And thank you-all very much.
Mr. LoCastro, Mr. McDaniel, Happy Birthday y'all. Thank you,
guys.
MR. MILLER: Your next speaker is Lewis Gopher, and he'll be
followed by Donna Knapp.
MR. GOPHER: Commissioners, (speaking foreign language).
Good morning. I'm here on behalf of the Seminole people,
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Miccosukee people, and independent traditional Seminole nation that
are still here in South Florida. They have occupied this land for time
immemorial, hundreds and hundreds of years.
I hear some of the issues that are being concerned. I would like
to let you know that I am a member of the Seminole Tribe of Florida.
I drove to be here today from Lake Okeechobee. Those are where
my people are from. They have lived there for a long time as well.
Saying that, the natural environment of South Florida's
important to each and every one of us. Mr. McDaniel, you had
mentioned that this cell tower was going to help life-sustaining
infrastructure, and today at the Board of County Commissioners
meeting you took it upon yourself to show a picture of the
life-sustaining infrastructure of Indians: Miccosukee, Seminoles, and
Independents.
I wish that the students were still here today so that they could
see the level of engagement that the governments have to each other,
the obligation and the duty that the government has to its citizens, all
citizens.
Now, Mr. LoCastro also mentioned that it was a little
concerning the location that was selected because there was a large
amount of lands that was out in that area, and it could be moved. I
hear the deed issue and some other issues that are involved with this,
but to Mr. LoCastro's point, this is an issue about the devastation of
the Everglades. That's what we're opposed to.
You know -- and Mr. Hall had mentioned also that it seemed
like there was -- this location was selected by a dart being thrown and
hitting the board. Based on the comments that were here today about
the amount of land that's available and the dart analogy, it seems like
you guys want to pull that dart out and throw it again. Select another
location.
I am a Seminole Indian, and I'm here to tell you that I'm opposed
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to the cell tower, I am opposed to the devastation of the Everglades,
and I'm offended that the life-sustaining structure of the Indians on
State Road 41 was put on display here to justify the development of a
cell tower. Just the development itself is going to adversely impact
those people: the trucks, the roads, deforestation, all of that affects
all of us.
Unfortunately today -- I have one more thing to mention. When
we started this meeting, it was about acknowledgment and
recognition for people that had served in the military, that had served
in the government in their positions. Some of my relatives were still
on the first floor, and they didn't have time to sign in. I know my
three minutes. I'm finishing.
MR. MILLER: You have thirty seconds.
MR. GOPHER: And they weren't able to sign up. So I hope
that you can extend another level of acknowledgment in recognition
to the Seminole, Miccosukee, and Independent people that are here to
speak on this issue. (Speaking in foreign language.)
MR. MILLER: Your next speaker is Donna Knapp, and she'll
be followed by Nonnel Johnson.
MS. KNAPP: Good morning, Commissioners. Thank you so
much for this opportunity to speak to you today and thank you very
much for having a birthday. I appreciate your wish.
I'm a long-time resident of Naples. I've seen many changes
here, and some aren't always good. In fact, some are pretty awful.
And I'm just really appalled to think that a 350-foot cell tower, or any
cell tower, would be put out in Big Cypress which is truly God's
country.
I'm particularly worried about my friends, the Shealys, that
would have this tower very close to their homes. Also, the
Miccosukee tribe, the village next door. I'm really worried about
their health. As the lady already spoke about the health effects of
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radiation coming from these towers can cause dizziness, sickness,
headaches, and cancer. Breast cancer being one of the cancers. And
I really hope you find somewhere else to put this.
These things really typically do not belong in preserves. They
are more for industrial places, and I don't think there's any hiding a
tower like this. It's a suggested quarter of a mile is the distance, and
that's just a liberal account of how far away a cell tower should be
from communities.
So thank you very much for your time and please, please look
into a different place, preferably nowhere in Everglades and nowhere
in Big Cypress. Perhaps just leaving that one original tower in
Carnestown and perhaps you could, you know, put some extra
equipment on it to make it become more up to date since it's been
there a very long time. Thank you.
MR. MILLER: Your next speaker is Nonnel Johnson, and she'll
be followed by Danny Billie.
MS. JOHNSON: Hello, everybody. My name is Nonnel
Galaviz Johnson. I have been here only since 2016, so very recently.
I'm an alumni of FGCU, which is one county over, in the
environmental studies program. I specialize in ecological research,
and since then I've been doing education around urban agriculture.
So, you know, how I've been informed and how I studied at the
university very much informed me on what these types of
developments do to the soil, to the ecosystems around them. You
know, anytime that you bulldoze a forest that's been there for
generations, then that allows room for exotic, invasive plants and
animals to then invade.
I think that an enclosed cell tower is a great spot for a Burmese
python particularly. And I think that it's important what we've
listened to earlier today, too. You know, there was a golf course. It's
no longer a golf course, but it's going to be a golf course again. It's
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never going to go back to being, you know, what it was for thousands
of years.
And so I think that's important for us to acknowledge; that the
decision that we make here or next meeting is not going to just
impact, you know, this 10 years, 20 years. It's going to -- you know,
it's going to be forever.
And I think Florida Gulf Coast University is a very great
example of that. When I went there in 2016, there was gopher
tortoises, bears, you know, many species that you don't really see
around here, panthers. Gopher tortoises are gone, the bears are gone.
And so we're talking about the Everglades. Already half of it is gone.
So that is my piece but also my decision and my opposal [sic] to
this is really on listening to the people that came here and have been
representing their families that -- you know, that have been here for
generations, native people. They're not just one. And so I hope that
you can listen to their individual voices, their stories, and really take
that in.
Thank you for your time.
MR. MILLER: Your next speaker is Danny Billie, and he'll be
followed by Rebecca Billie.
MR. DANNY BILLIE: Good morning, gentlemen.
You probably remember me, but back in the late '90s and early
20's we had a confrontation with the county, too, about our village on
County Road 858. But saying that -- somebody said on the Board
that we weren't official representative of our people, but I think we
are representative, because I am the spokesperson for the Independent
Traditional Seminole Nation of Florida, and we're also on the state
seal, so I think we're state representative, too.
And that -- and from my standpoint is that a lot of the decisions
that are being made here in this county, and not only in this county,
but surrounding counties and the state is done without the approval
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and input of the community where all these development and these
towers that are being put up everywhere. And that's one of the
biggest problems here in this state: Too much development, too
much people.
And like everyone said, you know, Everglades is the last
Everglades in the world, and we need to protect it. You know, we
need to protect it from overdevelopment because, you know, coming
from -- coming out of Fort Lauderdale the other day, you know, I was
seeing the -- I seen the edge of the city, you know, way back in early
'80s, and now it's past 27 into the Everglades. You know, they're
starting to build in the Everglades now. And not only it's coming
from the east side, it's coming from the west side now. So before you
know it, we're going to lose the Everglades.
And as far as, you know, where it's going to be put at, you
know, like everyone said, it -- there's other places. And plus, there's,
you know, all these other towers already existing. Use them. We
don't need any more.
And, you know, the effect -- and the long term effect nobody
really knows. You know, even scientists, they just started from the
time of this construction of the first towers. And we don't know what
the effects has done so far.
And all these other towers that they're doing studies on it,
nobody lives around it. But here they're talking about putting it right
on top of one of our villages.
So, you know, you need to really look at, you know, the impact
on the people, the community, and the nation before you do
development or whatever.
So, you know, I just want to appreciate the decision made today
to further look into it before, you know, you make the final decision,
but I encourage you, leave it alone, keep the tower where it's at, and
don't build another one.
March 25, 2025
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Thank you.
MR. MILLER: Your next speaker is Rebecca Billie, and she
will be followed by Jaya Osceola.
MS. REBECCA BILLIE: Hi. I'm Rebecca. We live, like,
500 feet from where you guys want to put the tower, and we're
worried about, like, the health effects, the environmental.
And like they said, we don't know the scientific -- you know,
like, how it can impact our health and everything, so -- and so we
don't want to find out. So we hope that you consider, you know,
keeping it where it's at or a different location.
And my girls, we all -- we live -- they live right there with me in
the village right next to it. We're the neighbors of Jack Shealy's
family as well, so --
Did you want to say something?
MS. PAULA BILLIE: I'm Paula Billie. And I don't like it, and
our neighbors and us, we will be affected by it if you put it there, and
we are worried about our health and then the animals that are out
there, and so I don't want it to happen. So thank you.
MS. REBECCA BILLIE: All right. Thank you.
MR. MILLER: Your next speaker is Jaya Osceola and will be
followed by Arthur Oslund.
MS. OSCEOLA: Good morning, y'all. So --
MR. MILLER: Can you state your name, please.
MS. OSCEOLA: Oh. Jaya Osceola. Hi.
So just to get over it, so I just came back from a trip from
Orlando, and ever since I was little, I remember there used to be lots
of trees, lots of them, and ever since, like, alternating, just going up
there, so many buildings over there, a lot -- a lot of constructions, and
I don't want that, that kind of stuff just slowly coming down here,
coming to the Everglades. And with that tower, I don't really like
that idea.
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So, like, coming into the Everglades is, like, coming to -- kind of
like taking a break from town. So it's like a little small sanctuary,
like drive me through it.
So, like, yeah, I don't really like the idea. So thank you.
MR. MILLER: Your next speaker is Arthur Oslund, and he'll be
followed by Kayla Hoffman.
MR. OSLUND: Thank you very much for the opportunity to
speak. I'm Arthur Oslund. I have a Bachelor of Science degree in
horticulture. I'm a long-time environmentalist and wildlife
conservationist.
We must be concerned about cell tower radiation. The
high-intensity radio frequency radiation emitted by the huge cell
towers is dangerous to people. A sign on the gate of the two cell
towers along the Vineyards Community Park reads as follows:
Information. Guidelines for working on radio
environmental -- environments. All personnel should have
electromagnetic energy, EMG, awareness training; maintain
minimum three feet clearance from all antennas. Do not stop in front
of antennas. Use personal RF monitors while working near antennas.
Never operate antennas without shields during normal operations.
Contact AC -- ATCNOC at 877-518-6937 for further information.
I know for a fact that extremely high-intensity radiation emitted
from the cell towers will travel at least half a mile. I've tested it with
meters. I think it would probably go -- and that's where the radiation
is right off the top of the meter; it's hard to even measure it.
There are many questions and few clear answers. Almost no
research is being done or is being -- has been done on the possibility
of adverse effects on people, pets, or wildlife. What happens when
the radiation is mixed with chemicals, pesticides, and human flesh?
What happens when chemicals from geoengineering spraying
chemicals into the atmosphere for climate control mix with the
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pesticides on the ground along with continuous exposure to intense
radiation? These chemicals are getting constantly, constantly
bombarded by this radiation. This radiation is extremely strong. You
people probably don't realize it.
This is not 5G we're talking about. This radiation will not
penetrate through walls. It won't penetrate through tree limbs. You
have to be in direct sight of the cell tower to receive this kind of
radiation. And then -- it will penetrate, however, windows, and it
will penetrate human flesh.
So wildlife is the canary in the coalmine. It is trouble, and
if -- when the wildlife's in trouble, we're in trouble.
There is no need for the radiation. It is not 5G or cell phones. It
will not penetrate walls or tree limbs. Once again, penetrates through
windows and human flesh. Please stop this radiation that jeopardizes
our very lives.
I am total opposed to all the cell towers, not just this one. Thank
you for listening.
MR. MILLER: Your next speaker is Kayla Hoffman, and she
will be followed by Robert Rosa.
MS. HOFFMAN: Hi, Kayla Hoffman, but I like to go by
Obsidian Tiburon. Kayla's my dead name, but for legal reasons...
And I'd like to say, anybody who has ever stood against the
environment or indigenous peoples have never been remembered
well or kindly through history.
And I appreciate the sentiments that you expressed about how
you want to turn it down and kicking the can down the road, as has
been expressed. But I hope within the next meeting you guys find a
new place that doesn't hurt people and vote it down because, you
know, as somebody mentioned, the negative effects on mental health
and everything like that, this -- it could be considered an act of
genocide by attrition by separating people from their cultural lands
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and their ceremonies. And I don't think anybody here wants to be
remembered for something like that.
You know, you could have a child, you know, the difference
between right and wrong, and they're going to tell you harming the
animals and the environment and the indigenous peoples is wrong.
And, you know, the line "no answer is consent," I don't think
that would fly anywhere.
And, you know, if you go through with this, you're asking for a
lot of trouble because nothing unites the people in this community
like defending the Everglades. People from all walks of life unite
under the Everglades. It doesn't matter who anyone voted for or
anything like that, but we all can agree and unite in this. And I don't
think that anyone's going to back down without a fight if you go
through with this, and I think that it would be wise and in everyone's
best interest to find a less impactful site.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Robert Rosa, and he'll be
followed by Gary Wilcox.
MR. ROSA: Hi, Robert Rosa, American Indy Movement.
I'll start off to let you know that there is a treaty that the
Seminole and Miccosukee had that anything below the Everglades
was supposed to be theirs. Of course, as we know, the government
doesn't stick to their ideas.
So now they're down to the Everglades, and they're trying to
keep it. I go there many times. I am a visitor, and I act like a visitor
in their land.
I do contact when I'm going in there, which is common respect,
as you would call somebody to go to their house. You wouldn't walk
to their house and pitch up anything that you just wanted to do just
for the sake of having it and modernizing.
They've lived the way they've lived for hundreds of years. Sure,
March 25, 2025
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they do have a few modern amenities that they do take advantage of,
but for the most part, they're the same people that they have been for
hundreds of years. And if anybody would just walk down there and
speak with them, join them in their village, they would find this, that
they are the kindest, gentlest people that you would ever known.
Hence the word Indian, "in Dios," in God. They walk in God.
That was Columbus' Indian. They walk in God.
So this tower has no place there.
Consent, you can take a FedEx, send it over there, have them
sign for it, that's consent. They know they received it. Sending a
random email that they don't know that they're getting that it may be
spam, may go to the spam email, is not consent.
American Indian movement 1978 got religious rights and
sovereignty for many Indian nations, and we continue. We are a
worldwide chapter, not just national.
And we will stop this cell tower if need be, but I hear what
William's doing, and I love it. And I hear everybody else, and I love
it. Because I just came from D.C. and beat a trial, and I'm not afraid
to go back to jail to beat another trial. And I don't like to say threats,
but I will respect the Miccosukee on what they want, and I will, by all
means necessary, give them what they want. And that's all I have to
say. And I hope it don't come to that, and I thank you for passing this
on.
MR. MILLER: Your next speaker is Gary Wilcox, and he'll be
followed by Daniel Tomin -- I'm having trouble with the handwriting.
I think this is Tominie.
MR. TOMMIE: Tommie.
MR. MILLER: Tommie. Sorry about that.
Mr. Wilcox.
MR. WILCOX: Yes. My name is Gary Wilcox. I don't live in
Collier County. I'm not Miccosukee. I'm Pamunkey people. My
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mother is Pamunkey from Virginia, indigenous.
I was born, however, on the trail. I took my very first breath in
this world on the trail. And I visit it often. And I can tell you that
every time I come out there and I see beautiful trees, the water, and
the animals, I'm at home because that's where I first took my breath
of air.
To put something out there that's poison to its environment
without even talking to the tribal people who've lived here for
hundreds of years? The first communication that should have been
done was with these people. Their land. You should be learning
from them. You should be asking them permission. This is their
land, not yours.
None of you can consider this your land. It is the indigenous
people who were here first, proven by your own artifacts, proven by
your own history, which in some way is mulled. But let's just say
what it is. You first need to contact the indigenous people here and
ask them what you want to do first. Ask permission, man. Stop
being colonizers. Do the right thing. Oh, my God. (Speaking
foreign language.)
MR. MILLER: Your next speaker is Daniel Tommie, and he'll
be followed by Tristan Tigertail.
MR. TOMMIE: Hello, good morning. Is it still morning?
I appreciate you guys giving me the opportunity. My name is
Dan Tommie. I'm a member of the Seminole Tribe, and I'm kind of
embarrassed, because I don't know if you guys reached out to my
elected officials or not. And I think somebody should take that
initiative to reach out to them and see what they can say on it;
however, on my personal feeling and where I'm at with this cell
tower, you know, I have to tell you that I do Seminole War
reenactments. We go up to the location where the actual event
occurred, and we -- I dress out, and we do that for, you know,
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informing, educating people. And I take that very seriously because
my people sacrificed, suffered so I can survive and be here today.
At the end of the third Seminole War, my people came here,
right there where you're talking about putting cell towers. Army
Corps of Engineers had done enough damage. Southwest Florida
Management stilling planning to do more damage. And now you're
talking about putting a tower there right next to our relatives, to our
family.
And I think you should keep it where it is. We're fighting for
your family as well, your grandchildren, your great, great
grandchildren, and for the four-legged, for the ones that swim. I
thank you for your time.
Happy Birthday.
MR. MILLER: Your next speaker is Tristan Tigertail. He will
be followed on Zoom by Brooke Gaebe.
MR. TIGERTAIL: Hello, Commissioners. Thanks for hearing
us today.
I'm introducing myself as your neighbor, coming to say hi to
you guys and tell you guys how we feel.
Happy Birthday to LoCastro and McDaniel. I'm 35, so I think
I'm a little bit older than you right now. But, you know.
Yeah, so -- I'll put this up a little bit.
So I'm speaking to you -- I'm from the Miccosukee Tribe, but
I'm really speaking to you guys as a hunter, a fisher, a lover of nature,
someone who likes to breathe fresh air, someone who likes to just
enjoy being outside and losing contact sometimes, you know, just
getting away.
I really do hope you guys don't put this tower up, because I don't
have the power to do it. You guys do. You know, you guys are
elected officials. So you guys are here to protect us. And I hope that
you guys be good neighbors because I want to be a good neighbor to
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you guys. You guys are always invited to visit our part of the
Everglades. We cherish it. We try to take care of it. You know, we
have high -- clean water quality standards, so feel free to come visit
us.
Don't ask us to ignore something like a tower, you know. Don't
ask us to ignore that, because it's going to be there. And the effects
I'm hearing, it could be even a lot more detrimental than I previously
knew before this happened.
You know, I do like going out there in Big Cypress Preserve.
Even when I lose my cell phone signal, it's kind of nice, you know,
like, hey, no one can reach me out here. You know, that's kind of
cool.
I'm sure some of you guys wish your grandkids could put down
their phones for a little bit and just be present. But sometimes that
forces you to do that. I know it's unrealistic, but it's nice.
I want to be able to look up at the night sky when I'm hunting. I
don't want to look at red lights and a tower, you know. I just want to
be able to enjoy myself.
So as a good neighbor, man, you know, I would never hope to
put a tower in your backyard. I wouldn't want to put a tower in your
mom's backyard. I don't want them to see that. I want them to look
at clean fresh air, just like I do.
So I'm asking you-all to do the same, all right, please. And
thank you, all.
MR. MILLER: Mr. Chairman, the rest of your speakers are
going to be on Zoom today. Your first speaker on Zoom is Brooke
Gaebe, and she will be followed by Jessica Namath.
Brooke, you're being prompt to unmute yourself, if you'll do
that. And I see you have. You have three minutes, Brooke.
MS. GAEBE: Okay. Hello.
MR. MILLER: We hear you.
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MS. GAEBE: Okay. I just want to say that I absolutely oppose
the tower.
My background is in public health. I've worked at the local and
state level. I find it bizarre that everyone doesn't know that there is
serious peer-reviewed science that says that anyone living within
400 feet of a cell tower is exposed to a crazy amount of carcinogens;
that your likelihood of getting cancer is about three to four times the
likelihood of someone who did not live near a cell tower.
This cell tower is less than 400 feet from the Miccosukee
people. And the -- I want -- also want to say that the FCC regulations
assume that nearby people are living in concrete houses. And I
looked on Google Earth, and the nearest structure is a thatched-roof
house. Those are open-air structures that are way more vulnerable to
radiation than someone living in a concrete house.
And I just -- I just think that the fact that you didn't talk to them
beforehand is atrocious. I'm embarrassed about my government. I
think that's -- it looks to me like the continuation of a genocide. Like,
these people are -- their lives are going to be endangered. And I am
appalled that this is being considered. And I strongly urge you to not
do this.
And I ask students to take note of this and stand up for the
indigenous people here because they are amazing and beautiful
people, and they deserve so much more than this. Thank you for my
time.
MR. MILLER: Your next speaker is Jessica Namath. And she
will be followed by Lupita Vazquez Reyes.
Jessica, you're being asked to unmute yourself. I see you've
done that. You have three minutes.
MS. NAMATH: Yes, hello. I am speaking to you from Palm
Beach County as a mother who drives down to enjoy the Everglades
with my three children and to show them what a piece of wild earth
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looks like, and I certainly oppose any sort of a cell phone tower being
added to the landscape. I mean, that's exactly why we drive from so
far to come recreate there.
I also thank you for recognizing how important this is to so
many people, finally, and taking pause. But I would urge you to
learn from this situation, please, and hopefully reach out and go
above and beyond maybe what is required of public notice to contact
the Shealys, again, where we've stayed countless times because of
how dark and peaceful and quiet and natural it is, or the Miccosukees
where we go down to their Indian village to -- and we've camped
down there, and we've enjoyed our time because it's dark and natural
and quiet.
So I would urge you to please, please respect the community and
make sure that you go above and beyond to reach out with
transparent, prompt communication moving forward in this process.
Thank you.
MR. MILLER: Your next speaker is Lupita Vazquez Reyes,
and she'll be followed by Stephanie Keller.
Lupita, you're being asked to unmute yourself. You've done
that. You have three minutes.
MS. REYES: Lupita Vasquez Reyes, 34142, for the record.
Good morning, Commissioners. I'm here today to oppose the
proposed 350-foot cell tower installation in Ochopee. This proposal
disregards zoning protections and violates the deed restriction in
place and lacks proper public input, especially from those most
impacted.
So even though we are pushing this issue forward, we must have
testimony on record. I understand the County Manager's assertion
that this tower is essential for public safety; however, this
justification does not explain why the county must sue to remove a
deed restriction meant to prevent such construction in the first place.
March 25, 2025
Page 72
It is said that the existing tower at Carnestown must be
relocated, but why here? Why without fully considering alternative
sites that do not place it right next to residential areas or infringe on
the sovereignty of indigenous communities?
It has been mentioned that this has been difficult to find space
for fire and public safety, but it should be. Precious land that is still
home to living tribal nations requires the utmost care and ethical
conversations.
This land is important and an important location to the first
responders, yes, but more so because it is ancestorial land to
indigenous peoples, including the Miccosukee and other Independent
indigenous residents. They, too, are part of this community and
should have a say-so.
Also, while there continues to be no clear federal or state
supported data that fully rules out health and environmental risks
posed by the installation, the county should not rush to approve this
project with potential harm, especially not through an ex parte
decision that limits transparency and public participation and reduces
recommended spacing for an install like this or the fact that the
Miccosukee Tribe is, in fact, opposed to it.
Further, I'm concerned that the need to get this installed ASAP
or ex parte comes from pressure to continue the rapid advancement of
surveillance of citizens and privacy issues that we are seeing all over
the country. It remains to be seen.
Finally, as an Everglades neighbor and a camper who enjoys her
no cell service signal camping in that area with my daughter, I have a
responsibility to stand in opposition to this project. I urge you to
uphold the deed restriction, explore alternatives that do not harm
nearby communities, and respect the voices of those who will bear
the consequences of this decision.
Thank you.
March 25, 2025
Page 73
MR. MILLER: Mr. Chair, that takes us to our final registered
speaker, Stephanie Keller.
Stephanie, you're being prompted to unmute yourself, if you'll
do that. And there you are. Stephanie, you have three minutes.
MS. KELLER: Hello. My name is Stephanie Keller. Thank
you for giving me the time to speak today. I am opposed to, you
know, these -- this tower being put up, and I appreciate the motion to
continue on.
Cell towers are bad for our health, it's a weapon of warfare, and
I would appreciate if you do not put another tower up on land that is,
you know, sacred to the Indians. You should not be, you know,
putting these towers up. We have to stop it. It causes -- it's bad for
our health, and we need to stop it. So thank you.
MR. MILLER: And that is our final registered speaker, sir.
CHAIRMAN SAUNDERS: All right. Thank you. All right.
We will close the public hearing.
We have a motion -- let me get you to restate the motion,
because it's been quite a bit of time, before we take a vote, because
there were some conditions that were applied to it. So if you
could -- if you would restate the motion, Commissioner McDaniel.
COMMISSIONER McDANIEL: You realize you're taxing an
old guy's memory to come up with what I said before?
CHAIRMAN SAUNDERS: It's an old guy's memory that's
asking you to do that. So having --
COMMISSIONER KOWAL: He's a year older.
CHAIRMAN SAUNDERS: I know.
COMMISSIONER McDANIEL: My notion -- yeah, 33's not
old.
My motion is to continue the item to explore alternative
locations, to grant permission to the County Attorney to pursue the
suit to quiet title in the event that the decision is made to utilize this
March 25, 2025
Page 74
site.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second.
Let me just kind of discuss this for a moment before we vote on
it just to -- I guess I would ask the commissioners individually -- I am
convinced that this is not the right location for that.
COMMISSIONER McDANIEL: Remember, I said my first
wish for my birthday.
CHAIRMAN SAUNDERS: Okay.
MR. ROSA: You got to grant it.
CHAIRMAN SAUNDERS: Hang on, please.
Commissioner Kowal.
COMMISSIONER KOWAL: Yes. I'm sorry. I was pushed
earlier, and I pulled it off.
But I would like to see -- you know, I feel like, you know, that
site's -- that tower -- that communication tower has been there for 50
years at that particular site where it's at now. You know, I know the
situation at hand is because it's federal government, federal parks and
services that owns that property now? Is that what -- from what I
understand, is they're going to put a visitor's center.
COMMISSIONER McDANIEL: Uh-huh.
COMMISSIONER KOWAL: And their plan is to remove the
tower at some point, which provides this public safety for
communication. I would behoove the people in the room, they're
very passionate and very convincing, that I think together, if we can
all reach out to the federal government and tell them how important it
is if they can keep a spot on that site for the communications so we
don't have to uproot it and up -- move it and have a possible delay in
public safety. Even for -- the people that live in the tribe probably
depend on that, too.
March 25, 2025
Page 75
CHAIRMAN SAUNDERS: Well, that's exactly why I wanted
to have a discussion on the motion, because right now, as far as the
federal government's concerned, they're going to look at our record,
and we have an alternative site right now. Now, we haven't voted on
that alternative site, but we've picked one. And we're looking at the
potential of continuing this. But somebody from the federal
government looking at that, I think, could conclude, yes, they have an
alternative site.
I think what might be more appropriate today is just reject this
site. And the reason I say that, I don't know that anybody --
(Applause.)
CHAIRMAN SAUNDERS: Please, please, please. I don't
know that anybody on this board right now feels comfortable with
this site. And if we do, I don't see any point in kicking this down the
road, if we feel uncomfortable.
And so, Commissioner McDaniel, I know this was your birthday
wish, but if the second would be in agreement to change the motion, I
would suggest that maybe we consider that, if that's the -- if the
Board feels similarly to that, direct our staff to work with our
congressional partners and see if we can keep that site there, keep
that tower where it is.
Now, if it turns out that the federal government says, "No,
you've got to move that tower, and you've got a year to do it," then
we have -- we have a problem, and we'll have to solve that problem.
But I think right now I would feel more comfortable just rejecting the
site at this time.
COMMISSIONER McDANIEL: Do you want me to amend my
motion?
CHAIRMAN SAUNDERS: Well, it requires the second to
withdraw the second, if he's willing to do that.
COMMISSIONER LoCASTRO: Yeah, absolutely.
March 25, 2025
Page 76
CHAIRMAN SAUNDERS: All right. We have a motion
without a second. You're going to withdraw that motion.
COMMISSIONER McDANIEL: I'll withdraw the motion. Do
you want me to make a new one?
CHAIRMAN SAUNDERS: It's your birthday.
COMMISSIONER McDANIEL: Okay. Outstanding. You
remember that.
I'm going to make a motion that we deny the utilization of the
proposed site and that we work to continue on with the current
location at Carnestown for reconstruction of the new tower.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, I'll call for the vote.
All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
All right. We'll move on. And I want to thank -- I want to thank
all of you for being here.
(Applause.)
MR. ROSA: Thank you. Happy Birthday.
COMMISSIONER McDANIEL: Thank you, sir.
MS. HOFFMAN: Happy birthday to us, too, honestly.
CHAIRMAN SAUNDERS: All right. Ms. Patterson, if we'll
March 25, 2025
Page 77
move on.
MS. PATTERSON: Yes, sir. Commissioners, before we move
on, I neglected to get a vote to accept the proclamations, so if we
could get a motion for that.
CHAIRMAN SAUNDERS: All right. I'll make a motion to
approve the proclamations. Is there a second?
COMMISSIONER HALL: Second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: Commissioner McDaniel seconded
it. We have a motion and second. All in favor, signify by saying
aye.
MS. PATTERSON: Thank you.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Item #10A
STAFF TO ADVERTISE AND BRING BACK AN ORDINANCE
AMENDING THE PEDESTRIAN SAFETY ORDINANCE
PROVIDING FOR A NEW SECTION ESTABLISHING
REQUIREMENTS FOR THE OPERATION OF BICYCLES ON
SIDEWALKS, CROSSWALKS, AND IN INTERSECTIONS
WITHIN THE UNINCORPORATED PORTIONS OF COLLIER
COUNTY, FLORIDA. (DAN KOWAL, COMMISSIONER
DISTRICT 4) - MOTION TO APPROVE THE ADVERTISING
March 25, 2025
Page 78
AND BRING BACK THIS ORDINANCE BY COMMISSIONER
KOWAL; SECONDED BY COMMISSIONER MCDANIEL –
APPROVED
MS. PATTERSON: Thank you.
Now, that brings us to Item 10A. This is a recommendation to
direct staff to advertise and bring back an ordinance amending the
pedestrian safety ordinance providing for a new section establishing
requirements for the operation of bicycles on sidewalks, crosswalks,
and in intersections within the unincorporated portions of Collier
County, Florida.
This item is brought to the agenda by Commissioner Kowal.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: Yes, Chairman.
Yeah. I -- over the past few years, since I've -- you know, I've
been in this position and from my prior professional career of 28
years in law enforcement, I just noticed an uptick in these e-bikes, the
different classification of e-bikes, and it just appears that we're
starting to see just an abundant [sic] of these things being used in
certain ways and along pathways and the sidewalks, and, you know,
some of these things can reach speeds upwards of 35 miles per hour,
and, you know, when you have that on a sidewalk congested with
regular pedestrian traffic, mothers with children, things like that, I
felt it was something we probably should take a closer look at. And I
believe about six months ago, with the County Attorney's assistance
with speaking with the bicycle-ped chairman from the Metropolitan
Planning Organization, along with the Sheriff's Traffic Enforcement
Unit, we sat down and kind of authored some language, and it's -- and
we've come up with what we have here before you today.
And it would just basically reinforce keeping up with the
technology, because I think when we look at these things, sometimes
March 25, 2025
Page 79
we don't -- we don't have the ability to keep up with the world around
us sometimes, and we never expected to have an electric bicycle that
can achieve speeds of 35 miles per hour, and these are being issued to
children under 16 years of age and driving in our communities and on
our streets.
I mean, even with the state statutes, when you look at motorized
bicycle -- motorized vehicles, when you classify even a moped, a
moped's restricted to 49 cc motor, gasoline engine, which barely
produces 35 miles per hour. And anything over that, you're required
to have a motorcycle endorsement on your driver's license.
But we're arming our children out there in our public streets and
sidewalks and shared paths with vehicles that are just as strong or just
as fast with no training and no ability to supervise them in a way
that -- you know, to make it safe for them and the other people
around.
So I felt it was important to have this brought up and have it put
out for advertisement so we can have the shareholders and the
stakeholders and this conversation come forward and discuss this so
we can have it out in the public and move forward.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Is that a motion?
COMMISSIONER KOWAL: Okay. That's a motion to have
this advertised.
COMMISSIONER McDANIEL: And I'm going to second it.
CHAIRMAN SAUNDERS: We have a motion and a second. I
assume we have no registered speakers, Mr. Miller. Oh, we do have
one?
MR. MILLER: We actually do. We have one registered
speaker on Zoom, Kip Michela.
Kip, you're being prompted to unmute yourself, if you'll do that.
And you have. Sir, you have three minutes.
March 25, 2025
Page 80
MR. MICHELA: Hi. Good morning, Commissioners.
I would just like at this time to state that I am a property owner
in the county adjacent to you, but I do most of my commuting on the
sidewalks with an e-bike for shopping and eating and other particular
things. But as an older person, I saw on the news where they might
try to put 16-year-olds and older on the road for riding e-bikes, and I
would just strictly want to know the statistics on the deaths that are
happening on these e-bikes and bikes. Is it on the roadways
themselves, or is it on the sidewalks?
Because I find it very troubling to hear that I might have to ride
on the roadway with my bike. I have over 3,000 miles. I've been a
driver down here six months through the winter for the last four
years, and I can pretty much say that I was one of the original ones on
the sidewalk riding with the e-bike before all the other ones came out.
And even at this time in your county, I don't come across a lot of
bikes and a lot of pedestrians, but I think more so that the
misinformation is with drivers, the drivers in these counties that are
in a hurry. I don't think they know the appropriate laws regarding
bikes or pedestrians, as I find myself being flipped off by
80-year-olds and -- just when I'm trying to cross a driveway that they
want to get into.
So I think that there needs to be a lot of consideration before you
make any ruling on this, and I thank you for letting me have a say in
this.
CHAIRMAN SAUNDERS: All right.
MR. MILLER: That was our only speaker, sir.
CHAIRMAN SAUNDERS: All right. Thank you.
Commissioner Kowal.
COMMISSIONER KOWAL: Yes, Chairman.
Well, to answer to the gentleman on the Zoom, the way the
ordinance is written -- and there's some language in there -- and a
March 25, 2025
Page 81
portion of the language is if there's a designated authorized bike lane
already existing on a public roadway, if you're 16 years of age or
older and you're operating an electrical-assist bicycle, the ordinance
would want you -- encourage you to be using that proper lane of
travel, but if there's not one that exists, like, say, Airport Road, which
is a major road that does not have a bicycle lane designated to it, you
would then be authorized to operate on the sidewalk.
It just -- it addresses -- and the problem that we've seen in the
past is a majority of the accidents happen is because people are on the
sidewalks riding against the flow of traffic on that normal roadway at
a high rate of speed, and when they come to an intersection, they're
not stopping, and that's when you have the collision between the car
and the bike, and that's where we see the majority of our injuries or
serious injuries, in those situations, because, typically, the driver's not
paying attention to anything traveling 20, 25 miles per hour on a
sidewalk coming in the opposite direction. They're usually paying
their attention to the traffic flow which is coming from their left.
So these are all going to be addressed that -- in a -- in the
language in the ordinance so -- to make it safer, I believe, for
everybody.
But I don't know if that helps answer your question, that you
would not be put into the roadway if there's not a safe designated
bicycle path already on the roadway.
CHAIRMAN SAUNDERS: Okay. Any other comments?
(No response.)
CHAIRMAN SAUNDERS: Then the issue is whether we're
going to advertise this?
COMMISSIONER KOWAL: Yes.
CHAIRMAN SAUNDERS: Have you made the motion, then?
COMMISSIONER KOWAL: Yes.
CHAIRMAN SAUNDERS: And you seconded?
March 25, 2025
Page 82
COMMISSIONER McDANIEL: And I seconded.
And if I may, just from a comment standpoint, two things.
Number 1, we're not required to adjust -- address the public speakers
that come and speak to us or ask questions along those lines. And it's
natural to want to do that, but right now we're at the infancy stages of
this, publishing the actual ordinance.
If you don't -- and I'd like to see the actual ordinance come
through and then hear comment from you, if you have a moment to
share your experiences so far because of the -- from what I
understand, a large portion of this has to do with actual enforcement
that travels along with this ordinance.
COMMISSIONER KOWAL: Well, a majority of it, the
beginning's going to be education, and I think that's going to be the
big part, especially with our children.
COMMISSIONER McDANIEL: That's imperative. I concur
100 percent.
COMMISSIONER KOWAL: Yeah.
COMMISSIONER McDANIEL: That -- that's imperative.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I think as we explore this, one
thing that I keep hearing the public saying sidewalks, sidewalks,
sidewalks. Sidewalks in this county come in a lot of different flavors.
I mean, in my district I have sidewalks that are eight to 10 feet wide,
and then I have sidewalks that are the traditional, you know, narrow
ones. So I think as we debate this issue in more detail, come back,
that's where the clarification's going to come.
You know, to that gentleman's point, you know, "I don't want to
have to be in the street. I want to be in the sidewalk," well, it
depends how wide that sidewalk is, and that's where I think we're
having some of the problems.
But I think, as we flesh this out and talk about it, that level of
March 25, 2025
Page 83
detail should be in -- obviously, in whatever the ordinance, you
know, is, because sidewalks are quite a bit different across this
county.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. I don't see any other comments. All in favor of the motion
to advertise this and bring it back, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
We're going to have to break in about 10 minutes.
Will there be a golf cart or something to take us over to the
museum? Last year we had -- that would be helpful.
MS. PATTERSON: Sure. We'll make a call to Facilities to get
some golf carts over here.
CHAIRMAN SAUNDERS: All right. We only have a few
minutes. Let me ask -- I guess we could go straight through the
agenda, but the next item is really going to be Commissioner
McDaniel, who has to be here no matter what.
MS. PATTERSON: Would you like to take the CAFR? We
have our outside auditors here for that. That's Item 13A.
CHAIRMAN SAUNDERS: All right. Let's try and see if we
can resolve that before we have to break.
Item #13A
THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR
March 25, 2025
Page 84
THE FISCAL YEAR ENDED SEPTEMBER 30, 2024, AND
AUTHORIZATION TO FILE THE RELATED STATE OF
FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL
REPORT WITH THE DEPARTMENT OF FINANCIAL SERVICES.
(DEREK JOHNSSEN, CLERK'S FINANCE DIRECTOR) -
PRESENTED; MOTION ACCEPTING TH E REPORT BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
LOCASTRO
MS. PATTERSON: Okay. Item 13A is a presentation of the
Annual Comprehensive Financial Report for the fiscal year ended
September 30th, 2024, and authorize to file the related State of
Florida Annual Local Government Financial Report with the
Department of Financial Services. Mr. Derek Johnssen, the Clerk's
finance director, is here to begin the presentation.
MR. JOHNSSEN: Thank you, County Manager. And I'm going
to say it one more time, Commissioners LoCastro and Commissioner
McDaniel, Happy Birthday.
COMMISSIONER McDANIEL: Thank you, sir.
MR. JOHNSSEN: We're here today to present to you the 2024
results of our audit. I will report it's a clean opinion, the best that we
can get.
To get here takes the efforts of a lot of people. I want to
personally thank my staff, but it takes county staff and the
constitutional officers' financial staff also. And for that, we
appreciate it.
So we've got about nine slides in a presentation. And I've got
Mr. Chris Kessler, your partner in charge here, to deliver it, and we'll
see if we can get through it.
MR. KESSLER: Thank you, Derek.
Good morning, Commissioners. And I will be quick here
March 25, 2025
Page 85
because I know I'm the only thing between you and break.
So let me go. All right. All right. Well, as Derek said, Chris
Kessler, principal with CLA. I am in charge of your audit and the
constitutional officers' audits for the year ended 2024.
With me is Alexander Mitchell, who is the manager on your
engagement as well as all the constitutional officer engagements.
So moving through, the services that we've performed for 2024
are no different than we've performed in prior years. There were no
changes in audit standards. The three main components are the audit
of your financial statements, the audit of the federal compliance, and
the audit of the state compliance. And federal and state compliance
is mostly the grant expenditures that you-all incur, making sure
they're spent on the right items, the right areas, all your t's are crossed
and all your i's are dotted with those expenditures.
The reports that we deliver have not changed from prior years.
Audit standards, again, have not changed in this regard. So the five
components of what we issue to you-all are the independent auditor's
report; the report on internal controls, which is where findings or
issues would be reported if there were any; independent auditor's
report on compliance, which is your single audit over federal and
state compliance; the independent accountant's report on compliance,
which is a requirement of the Florida Auditor General on certain
compliance areas with E911 and handling of public investment, as
well as a management letter that is required by the Florida Auditor
General to report. Any other issues that may arise during the audit:
There were none, so your management letter's straightforward,
boilerplate, template language.
The results of the audit -- as Derek had mentioned, the audit
opinions are unmodified, which is the highest level of opinion, both
your financial statements as well as the single audit, which means
from a financial statement standpoint, the audit -- the financial
March 25, 2025
Page 86
statements were free of material misstatement, the numbers in there
are accurate, and from a single audit standpoint, that means there was
no material noncompliance with what we looked at.
The financial statement included no material weaknesses, no
significant deficiencies, so no audit findings, and your federal and
state awards as well had no material weaknesses and no significant
deficiencies, so no findings in either of those reports.
So clean across the board; highest level that you-all can receive.
So the communications that we have to make to you-all we
included in a governance communication letter that also comes with
our audit report, but here are some of the key points. So overall, the
scope and the timing of our audit, it proceeded as planned. There
were no changes, no surprises, no issues. Significant accounting
policies are in accordance with industry standards and practices and
generally accepted accounting principles. We had no difficulties in
performing the audit.
The status of the prior-year audit findings. So last year when I
presented to you-all, there were a couple compliance findings. The
first thing we do when we start our audit for the next year is we dig
into those findings. We determine if they've been corrected and
move forward with our audit plan. Those findings were corrected
very quickly. The Corrective Action Plan that management put in
place was, you know, in place, effective, and we had no issues with
that.
And so with all of that said, I do want to give a big thank you to
everybody that we work with, both on the county Board side as well
as the Clerk's finance team. The fact that you-all had a clean opinion,
no findings, no issues, is a testament to the hard work that you-all put
in every single year and we really appreciate working with you-all
from that standpoint. It's nice to have clients that want the same
results that, you know, you-all do and want to have those clean
March 25, 2025
Page 87
opinions, and it comes through in the work that you do on a
day-to-day basis. So we really appreciate that.
A couple financial highlights -- and I'll just move quickly here.
From a federal and state grant perspective, we tested over $63 million
of your expenditures both from a federal and a state standpoint, and
that includes about 11.9 million of pandemic funds that are still being
spent as well as transportation grants of 8.4 million. What this shows
you is really where the majority of your federal expenditures are
being incurred and what programs for 2024.
For governmental activities, which is your governmental funds
and programs, you had an increase of net position, which is your
equity, the difference between your assets and your liabilities, of
$253.8 million -- so again, revenues were higher than expenditures by
that amount for all of your governmental funds -- your General Fund
increased by 31.1 million, and your business type activities, your
utilities, your EMS programs, went up by 89.9 million over last year.
Some emerging issues -- I'll just hit this really, really quickly
here. We did have to do a little extra testing on the IT environment
that you-all operate in, and that was a change in audit standards. So
we looked at things a little deeply as far as policies, procedures,
internal controls not only on user access to your systems, but
cybersecurity practices and things along those lines, making sure that
you-all had policies and procedures in place, as this is becoming
much more of a critical piece of the infrastructure and internal control
system for the county as it relates to financial reporting.
So with that said, that's the end of my prepared comments. I
would love for any questions, comments, feedback, anything along
the way.
But again, I just want to say a huge "thank you" to you-all, the
Commission, as well as everybody else within the county that helps
us throughout our process.
March 25, 2025
Page 88
CHAIRMAN SAUNDERS: Thank you.
Commissioner Hall.
COMMISSIONER HALL: Thank you, Chair.
So, Mr. Kessler, what you're saying, if you can ease my mind,
we have no public monies going to anybody that's 200 years old for
county benefits or county funds?
MR. KESSLER: In what we audited when we look at eligibility
for those recipients of those programs, there's nothing like that in the
testing.
COMMISSIONER HALL: I feel so much better. Thank you.
CHAIRMAN SAUNDERS: Any other comments from the
Board?
(No response.)
CHAIRMAN SAUNDERS: Then thank you very much.
Any more comments from the Clerk's Office?
MR. JOHNSSEN: No, sir. Thank you very much for your time.
CHAIRMAN SAUNDERS: Do we need a motion to accept the
report?
MR. JOHNSSEN: Yes, please.
COMMISSIONER HALL: So moved.
COMMISSIONER KOWAL: Second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and a second to
accept the report. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
March 25, 2025
Page 89
CHAIRMAN SAUNDERS: That passes unanimously.
We're supposed to be over at the museum at 12 o'clock, so this, I
think, is the right time to break.
Ms. Patterson, what time do we get back here? Is it going to be
1:30; is that what we need to do?
MS. PATTERSON: I'm looking to the back at the Clerk. 1:30?
1:30.
CHAIRMAN SAUNDERS: All right. We're going to stand in
recess until 1:30.
MS. PATTERSON: Sir, your golf carts, they'll be out at the
parking area -- the secured parking area to get over to the museum.
Okay. Thank you.
(A lunch recess was had from 11:49 a.m. to 1:30 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN SAUNDERS: Thank you. I believe we're going
to move on to Item 10B, is that correct, where we are now?
Item #10B
PAYMENT TO THE SOUTHWEST FLORIDA REGIONAL
PLANNING COUNCIL, EFFECTIVE OCTOBER 1, 2024, AT A
RATE OF $0.15 PER CAPITA, IN ACCORDANCE WITH THE
REPLACEMENT INTERLOCAL AGREEMENT APPROVED BY
THE BOARD (ITEM #10A) ON SEPTEMBER 24, 2024, AND
AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS.
(WILLIAM L. MCDANIEL, JR., COMMISSIONER DISTRICT 5) -
MOTION TO MAKE THE FIRST QUARTERLY PAYMENT, BUT
ONLY IF ANOTHER COUNTIES PARTICIPATE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
March 25, 2025
Page 90
MS. PATTERSON: Yes, sir.
Item 10B is a recommendation to approve payment to the Southwest
Florida Regional Planning Council effective October 1, 2024, at a
rate of 15 cents per capita in accordance with the Replacement
Interlocal Agreement approved by the Board, Item 10A, on
September 24, 2024, and authorize any necessary budget
amendments.
This item is brought to the agenda by Commissioner McDaniel.
CHAIRMAN SAUNDERS: Commissioner McDaniel, you're
recognized.
COMMISSIONER McDANIEL: Well, thank you, Mr. Chair.
CHAIRMAN SAUNDERS: Oh, has anybody wished you a
Happy Birthday today yet?
COMMISSIONER McDANIEL: A couple. Thank you, sir.
A couple of things I want to say here. I didn't bring this back to
the Board, and it was brought back to the Board because our staff is
having an issue with going forward with this payment. We accepted
this -- we accepted and approved the draft interlocal MOU and
bylaws of the RPC. And as I explained to you last year when we
accepted and approved those, in my effort to lead by example as the
Chairman of the RPC, I felt it important that we oblige ourselves to
agree to those things, but we're now running into issues with an
opinion from our clerk as to whether or not that money should be
paid.
And since I have announced her, I'm going to ask her to come to
the podium, and then we can have a discussion about the -- about the
payment.
And you can hear her rendition, as she and I went round and
round about this yesterday and last week, and I don't think we're done
going around.
MS. KINZEL: Cheerfully -- and Happy Birthday. We'll start
March 25, 2025
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out with that again.
COMMISSIONER McDANIEL: Thank you.
MS. KINZEL: Yes. Commissioners, I think part of the
discrepancy that the commissioner and I have gone around about is
the last time that we paid on this interlocal was in 2019, and others
were not paying, and there were undue considerations that if no
one -- if not a lot of people are paying, what are we getting? Why are
we paying everything? So that was back in 2020, the Board denied
the payments.
So then jump forward to September of '24 when you repealed
that existing agreement and you replaced it with a new version
agreement. And while the agreement that you replaced it with
indicates that, effectively, between -- in other words, not everyone
had to sign the agreement to participate for you to participate. At this
point, however, no one has signed the agreement since September to
participate in this agreement.
That -- consequently, the planning director sent us invoices at a
rate of 30 cents with a note saying that because the contract had not
been executed, it was at the 30 cents, but we should only pay 15
because it would probably be executed later.
Consequently, I didn't really have an executed agreement other
than by this board as the only participant. Do we pay 15? Do we pay
30? You're articulating that now.
And what was the other point I was just going to make? We did
not have budget for this in the county's budget at this time. That had
ended back in '19 when the county stopped paying according to this,
and we -- so we currently have no budget item for this. And there's
also a pending House bill and Senate bill both that are -- want to
discontinue this whole process of the regional planning.
So I am here to answer any questions regarding the payment or
nonpayment and get direction intent.
March 25, 2025
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CHAIRMAN SAUNDERS: Commissioner McDaniel, anything
else?
COMMISSIONER McDANIEL: Yes. Well, you know,
Ms. Kinzel -- Mrs. Kinzel, actually, brought the points forward.
The reality of this is is we all know the strifes that we, as an
organization participating with the Regional Planning Council, have
gone through. Commissioner LoCastro, you and I have served on
that board, and you've watched the antics for quite some time.
I certainly am not a proponent of wasting taxpayer money ever.
It was one of my wants, one of -- I actually assisted in the rewrite of
the MOU, the interlocal, and the bylaws for the organization.
I wasn't aware -- and I guess my question is as much for our
County Attorney. Is if this board approves a payment, does that
legally allow the Clerk to make that payment or not?
MR. KLATZKOW: Well, the Clerk would be authorized to pay
it, but if the Clerk's opinion is different, that it shouldn't be paid, then
she won't pay it. She's an independent constitutional officer.
COMMISSIONER McDANIEL: Okay.
MS. KINZEL: Commissioner, just could I say, my intent is not
to not pay what the Board wishes, but we do have to have proper
documentation. I need to know which agreement is real. There
need -- right now the other agreement at the 30 cents was repealed
and killed in September, so that agreement doesn't exist. That's how
we were billed. The new agreement goes to the 15 cents, but it has
not been fully executed.
And the agreement that you signed has a caveat that not
everyone needs to participate, but in this case no one else is
participating, and that's why I wanted to bring it forward. Just for
your information. It's not to argue. Just -- I need direction with
documentation and with budget and authority.
COMMISSIONER McDANIEL: So having said that, the RPC
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is relegated to abide by the old interlocal agreement, MOU, and
bylaws, because we -- that organization has not been able to achieve
a quorum to vote on anything. The meetings that I've been attending
on a monthly basis have been relegated to basically a quorum of the
executive committee just to have an RPC meeting.
I have already been in contact with my colleagues. There are six
counties that are currently, by statute, required to be a member of an
RPC, a Regional Planning Council. I've been in contact with all of
those communities -- or with all of those counties.
I am planning on going to each one of those counties to an
agenda item bringing forward this draft interlocal, draft MOU, and
draft bylaws that we have adopted asking them to do the same, which
will then bring them back into the fold, at which point then we'll all
accept and adopt and ratify, hopefully, the ones that we're now
designating as "draft."
And my ask here today is is that we make this first quarterly
payment -- because that's one of the things that I did. I cut the per
diem from 30 cents, which the RPC currently has to abide by,
because that's the only set of rules that they have. I cut that per diem
from 30 cents per person to 15 cents and divided the payments up
into quarterlies to allow for all of the elected who are responsible for
expending the taxpayers' money an opportunity to see relevance.
So --
MS. KINZEL: And just -- Commissioner, actually we have
been billed at the 30 rate because the director is indicating the second
one has not been executed by anyone else, and she billed to the
30-cent rate and said, but we could pay the 15 pending that other
agreement being executed.
So that's why I need an amount. There are two quarters at the
30. I believe it's 57,000; and it would be half of that, obviously, at
15.
March 25, 2025
Page 94
COMMISSIONER McDANIEL: You already said that, and I
already said that the RPC only has the 30-cent per diem agreement to
operate off of even though there is a new draft set of MOU,
interlocal, and bylaws at the 15-cent that this board has accepted and
ratified, and in so doing, canceled that previous agreement.
It requires each one of the members of the RPC and their legal
counsel to express an opinion and adopt those agreements before the
Regional Planning Council itself, a statutorily created organization,
can bill anything other than the 30 cents that they currently have in
their existing MOU and interlocal and bylaws. So we're only
obligated to pay the 15 cents and only obligated to pay the first
quarter, one quarter.
CHAIRMAN SAUNDERS: All right. I think we understand
what the issue is.
One real quick question. Do we have to do this today, or can we
wait until they send us a legitimate agreement?
COMMISSIONER McDANIEL: Well --
CHAIRMAN SAUNDERS: That's just, you know --
COMMISSIONER McDANIEL: We certainly don't have to do
anything today. One of my goals is by showing leadership by
example, I'll be able to go to our colleagues, stand in front of them at
their podium, and talk -- and share that Collier County has accepted
this agreement, leadership by example, and we are willing to pay that
15 cents per diem.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
I guess, I know this is your baby, and I mean, this is a --
COMMISSIONER McDANIEL: It isn't my baby. I just
got -- I'm the huckleberry that's the anointed one.
COMMISSIONER HALL: So with that then, what happens if
there just are no participants? What happens to the RPC?
March 25, 2025
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COMMISSIONER McDANIEL: It folds up in September. We
have current budgeted money out of reserves and expenditures
currently right now. And I don't know -- forgive me -- Madam Clerk.
I call her Crystal.
MS. KINZEL: It's your birthday. That's fine. Crystal's fine.
COMMISSIONER McDANIEL: The burn rate -- the burn rate
expires the organization in September if nobody else pays anything
and/or the current executive director doesn't get any grant monies
that -- where she can pull off administration fees out of the top of the
grant money.
COMMISSIONER HALL: What real benefits does the RPC
provide as incentive if we were to keep this rolling?
COMMISSIONER McDANIEL: In the recent past,
Commissioner, there hasn't been an enormous amount of benefit.
Relevancy has been a conundrum with this organization since I got
on eight years ago.
If you'll recall, there was originally a department in Tallahassee.
The -- and I'm stuttering right now because I have another name for
it. The Department of Community Affairs. I had another name for it
back in the day.
That organization was a planning organization for the entire
state. They had regulations that then distributed those regulations to
the RPCs, the region planning councils. And I believe there are eight
in the entire state, maybe nine, eight or nine RPCs.
They -- originally, when the DCA was in existence, they had an
authority; DRIs, Comp Plans, rezones, use changes had to come
before the RPC to receive an approval.
All -- and when Governor Scott disavowed the DCA, turned it
into the Department of Economic Affairs, he disbanded the authority
of the RPCs.
Our RPC was never able to adopt a new interlocal, a new set of
March 25, 2025
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bylaws, and a new MOU to conform to the new statute with regard to
the lack of authority. The people that were on that board didn't want
to give up that hammer, didn't want to give up that power.
Sarasota made a motion to -- because state law requires all
counties to be a member of an RPC. Sarasota said, "Well, we're more
aligned with Tampa's metropolitan area, so we're going to move our
membership to the Tampa RPC," and they discontinued payment.
Because then we found out that statute doesn't require us to pay; it
only requires us to be a member.
And so Lee County went, "Ah, Sarasota's not paying. We're not
going to pay." Charlotte did the same thing.
I hung on -- Collier County hung on paying for two years, three
years after I was in because of federal Promise Zone initiative. It was
a rural Promise Zone initiative that came out of the Obama
administration for economically deprived rural communities, and that
Promise Zone initiative was bequeathed to the RPC for Glades,
Hendry, and our community of Immokalee.
And my hope was by continuing to support the RPC, we would
be able to garner benefits from that rural Promise Zone initiative.
That was never derived. And after three years of strife, I am the one
that brought the motion to this board to discontinue funding the
Regional Planning Council. I am the one that, after that, rewrote the
bylaws, rewrote the MOU, rewrote the interlocal agreement as draft
and then brought it forward to you last year to be able to go back -- I
got anointed as the Chairman of the RPC last fall. Up until than
point, I was a member that was going.
COMMISSIONER HALL: You shouldn't have missed that
meeting.
COMMISSIONER McDANIEL: Yeah.
And so consequently -- my hope is -- and this comes back to
your original -- my statement here, Commissioner Hall, "Who can
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argue about the necessity for regionality with regard to planning,
zoning, traffic, so on and forth? Who can argue about regionality
with regard to water quality, water quantity, beach renourishment, so
on and so forth?"
The necessity of regionality and having regional discussions.
It's imperative that we know what Lee County's doing from a
planning and zoning standpoint, that we know what our neighbors all
around us are, in fact, doing.
And so there's no argument -- in my mind, there's no argument
about the necessity of regionality. We have a dysfunctional regional
planning council, and this is my stab at trying to bring back that
organization to have some sort of relevance.
COMMISSIONER HALL: So I guess if -- you said you're
going to go on -- as an agenda item to the other counties?
COMMISSIONER McDANIEL: I am.
COMMISSIONER HALL: Why don't we just allow you the
time to do that with the understanding that we're willing to participate
at the 15-cent level if they can get their act together and cooperate.
Without anybody else's cooperation, I'd say we tried and didn't.
COMMISSIONER McDANIEL: Well, in -- and you can
certainly do whatever you'd like. I'm looking for another bullet in my
clip when I'm going to talk to these people. Leadership by example.
Hendry County has already -- they haven't formally voted yet, but
Hendry County's coming back in. Glades will do the same thing.
Charlotte, Lee -- or Lee, Charlotte, and Sarasota Counties are next on
my hit list.
My goal with this is to -- to, leadership by example, show the
initiative that we're willing to participate.
I can -- I certainly will go irrespective of whether or not this
payment is authorized or not. In my mind, this payment should have
already been authorized with our rejection or discontinuance of the
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previous agreement in placement of this agreement. It should have
been budgeted in this current year. It wasn't, and now there's
discourse between our clerk and our staff as to how to actually fund
this, and so we're at this point right now.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: If we voted right now to pay
this, what would the total be? What's the size of the check?
MS. KINZEL: The first quarter, they've billed 28-, so it would
be half of that. A little over 14,000 for one quarter at the 15-cent
rate.
COMMISSIONER McDANIEL: And that's effectively it.
There's 400,000 people in Collier County. Excuse me, Mr. Chair. I
didn't mean to interrupt.
CHAIRMAN SAUNDERS: Yeah.
COMMISSIONER McDANIEL: It's a -- it's 15 cents per diem,
and the estimated population, per the RPC, is 390-. So it's a total for
an annual expense of 60,000 in one quarter?
CHAIRMAN SAUNDERS: Commissioner Kowal.
MS. KINZEL: And then just let me clarify, because they did do
a 380-. It's 2023 population rate was how they calculated this, but
they reduced it by the Naples population, and that's how you come
out with the total. But that was not articulated in any of the
invoicing, and those are trying to match it to contracts.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I'm just trying to wrap my head around the whole conversation
here. You made the comment of how Sarasota felt they'd more align
with the Tampa area. Now, does Sarasota participate in the Tampa's
RPC with a monetary join, or are they just joined because they have
to statutorily belong to an RPC?
COMMISSIONER McDANIEL: They didn't join. They
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announced that they were going to join, but it takes a gubernatorial
maneuver to move you out of one RPC and into another, so they
announced that they wanted to join, but they never left the Southwest
Florida Regional Planning Council.
CHAIRMAN SAUNDERS: Okay. Commissioner Kowal.
COMMISSIONER KOWAL: I'm not done. So I guess my
question is, statutorily, we're driven -- we're required to belong to a
region. They now still reside in our region, but by participating
monetarily, what do you benefit that they don't benefit? Because I've
seen this before. I come from, like, an area of back in the day in the
D.C. area where you had people that belonged to the union that -- you
know, or certain people pay into a union, like with law enforcement,
and other ones that didn't. But when they negotiate the contract, the
ones that didn't pay into the union still got the benefit of the
negotiation.
So by not paying into this and still belonging to it statutorily,
because you're required to belong to it, you don't reap any benefit
from the few or whatever decisions are made?
COMMISSIONER McDANIEL: And in all sincerity, I can go
into as long of an eight-year story as you want me to.
CHAIRMAN SAUNDERS: It is your birthday, but please don't.
COMMISSIONER KOWAL: Yeah, I don't -- I don't really
need -- I just want, like, kind of like a simple answer like, yes, they
still benefit for whatever work somebody else does that pays into it
because they belong to it; they're required to belong to it.
COMMISSIONER McDANIEL: There is a -- excuse me for
interrupting. There is a benefit by the RPC's existence, by the
Southwest Florida Regional Planning Council's existence. Could it
be better? Absolutely. Has it been great? No. And I'll be the first
one to admit that it hasn't been great for quite some time.
I actually even said at our meeting last Thursday that my board
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had agreed to pay this quarterly payment and one quarterly payment,
but I had no intention of continuing to contribute to this organization
just to support the salaries of two staffers that the RPC now has. If
I'm not -- if I don't have other participants, I'll be the first one to bring
it back and discontinue the payment.
My ask on this payment today is just to give -- as I said, give me
another bullet in my clip so when I talk to our colleagues in Sarasota
and Lee and Charlotte, that we have agreed to make the payment and
come back into the fold.
CHAIRMAN SAUNDERS: All right. Why don't we -- I think
we understand what the issue is. It's just a question of whether we
want to write a check for the $14,000 for the quarter or not.
MS. KINZEL: Or wait.
CHAIRMAN SAUNDERS: And so maybe one of the
suggestions is that we could make the commitment to pay the
$14,000 as long as at least one other county joins. Would
that -- because you may go up there and find out that nobody else
joins. That's the only issue.
COMMISSIONER McDANIEL: Right. And I -- you know,
and there again, this -- I'm not a game player. I am -- I mean, we
could agree to make the payment and do that payment in May, or not,
as the case may be. I -- I already know that Hendry County's coming
back in line, and I feel that Glades will as well. I just haven't had
actual meeting time set with our colleagues in Lee, Charlotte, and
Sarasota Counties. So I'm --
CHAIRMAN SAUNDERS: Let's go ahead and get a motion on
the floor. I think we all understand what the issue is, so...
COMMISSIONER McDANIEL: I'll make a motion that we
make this first quarterly payment.
CHAIRMAN SAUNDERS: All right. There's a motion.
COMMISSIONER HALL: When? By May?
March 25, 2025
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COMMISSIONER McDANIEL: By the end of April.
CHAIRMAN SAUNDERS: Well, once we make the
commitment to make the payment, we're going to make the payment
whether it's the end of April or middle of April.
MS. KINZEL: It's what it's based on. In other words, is there
any other criteria than a date, or is it based on someone else joining
and paying?
CHAIRMAN SAUNDERS: I understand -- we understand. I'm
just saying that by saying we're going to make the payment on or
about before the end of April, I mean, I think we're either making a
payment or we're not, so...
COMMISSIONER McDANIEL: I understand. And if you
folks feel differently than I do, this is -- this is relatively -- again, I'm
not a proponent of wasting taxpayers' money ever, ever have I been.
This is a -- this is an effort to provide relevancy to allow this
organization to exist.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I think Commissioner
Saunders has the best idea which kind of splits the difference. I think
by us voting to make the payment but only if another county does, I
think it does give you a bullet in your magazine to go up to the other
counties and say, "Hey, we're committed to making the payment, but
if everybody else says no, then our clerk's not going to write the
check."
So I think, you know -- and like you said, it may be a little bit of
gamesmanship, but I think that's the best suggestion. That would be
a motion that I would support, not just a flat out, "We're making the
payment." Like, I understand what you're saying. You're going to be
before the counties, and it's showing that, "Hey, we're leaning
forward."
But I think the way he couched it is what I would agree with is
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saying, "We agreed for the payment, but, you know, only if another
county steps forward," and then our direction to the county clerk -- or
I'm sorry -- the Clerk of Courts would be, "Write the check. Two
counties agreed after Commissioner McDaniel met with them," and I
think that's just smart business.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
Do you feel like if we don't pay the payment right now that -- do
you feel like you're going back on your word?
COMMISSIONER McDANIEL: Kind of. Yes, sir. I mean, we
already accepted this back in September. It didn't come to light to me
until --
COMMISSIONER HALL: That's why I'm asking.
COMMISSIONER McDANIEL: -- the recent past that this
funding wasn't appropriated for.
I -- and I understand why the RPC's billing at the 30 cents and
not the 15, because, because, because -- what we've already
discussed.
And again, if you-all feel okay with one other county coming in,
and that -- that initiates our payment, I'll amend my motion to that.
CHAIRMAN SAUNDERS: All right. We have an amended
motion. Is there a second?
Oh, I'm sorry. Go ahead.
COMMISSIONER HALL: So I would be in favor of making
that payment or making a promise to the payment if we had a signed
agreement with the majority of the counties. How many counties is
there?
COMMISSIONER McDANIEL: Six.
COMMISSIONER HALL: Can we get at least three?
COMMISSIONER McDANIEL: I don't know. And I'm -- and
here's the -- here's the issue that I'm dealing with, that we have been
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dealing with at the RPC. And, Mr. Chairman, if you're tired of
hearing this, I apologize.
CHAIRMAN SAUNDERS: No, no, no. I'm not -- no. You're
missing the point. The point is that we all understand what the issue
is, and we can keep talking about what the issue is. It's pretty simple.
And so that's why I said let's make a motion and just see if it passes.
So you have a motion. You withdrew your motion.
COMMISSIONER McDANIEL: I withdrew it and I amended
it.
CHAIRMAN SAUNDERS: If you want to remake that motion,
that's fine, and we're going to vote on it, because I think we all
understand. This is not sending a rocket to the moon, so --
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SAUNDERS: -- we'll entertain a motion.
COMMISSIONER McDANIEL: My motion is is that we make
the payment when one other county comes in.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER HALL: With financial commitment?
COMMISSIONER McDANIEL: Yes.
COMMISSIONER HALL: Okay.
COMMISSIONER KOWAL: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any further discussion?
(No response.)
CHAIRMAN SAUNDERS: Ms. Kinzel, you understand the
motion?
MS. KINZEL: Yes, sir.
CHAIRMAN SAUNDERS: If another county comes in, you're
writing the check.
MS. KINZEL: Yes, sir, for one quarter.
CHAIRMAN SAUNDERS: For one quarter. All right. We
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have a motion and second. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
MS. KINZEL: And Happy Birthday again.
COMMISSIONER McDANIEL: Whatever.
COMMISSIONER LoCASTRO: This is becoming ridiculous.
What, did you turn 12 or something?
CHAIRMAN SAUNDERS: He doesn't get any more wishes
after today, so we might as well keep it going.
COMMISSIONER McDANIEL: I think I've expired my wish
list, haven't I?
MS. PATTERSON: What about Commissioner LoCastro and
Troy? Do you want -- we'll give you guys a "Happy Birthday."
CHAIRMAN SAUNDERS: Yeah, Item 11A is the traffic light.
We have a traffic light in Item 11A. I'd like to make a motion to
continue that for two weeks. Okay. I'll withdraw the motion.
Item #11A
A TRAFFIC SIGNAL AGREEMENT WITH CAMERON
COMMONS UNIT TWO PROPERTY OWNER'S ASSOCIATION,
AUTHORIZE THE CHAIRMAN TO SIGN THE TRAFFIC
SIGNAL AGREEMENT THAT WILL AUTHORIZE THE
CONSTRUCTION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF IMMOKALEE ROAD AND BELLAIRE BAY
DRIVE AND MEMORIALIZE THAT THE SIGNAL MAY BE
March 25, 2025
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REMOVED AT THE COUNTY’S DISCRETION. (TRINITY
SCOTT, DEPARTMENT HEAD - TRANSPORTATION
MANAGEMENT SERVICES DEPARTMENT) - MOTION TO
APPROVE W/REVIEW FROM THE TRAFFIC ENGINEERS TO
CONTROL RIGHT HAND TURNS ON A RED LIGHT BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER SAUNDERS – APPROVED (COMMISSIONER
KOWAL OPPOSED)
MS. PATTERSON: Okay. This brings us to Item 11A. This
item was continued from the March 11th, 2025, BCC meeting.
This is a recommendation to approve a traffic signal agreement
with Cameron Commons Unit Two Property Owners Association,
authorize the Chairman to sign the traffic signal agreement that will
authorize the construction of a traffic signal at the intersection of
Immokalee Road and Bellaire Bay Drive, and memorialize that the
traffic signal may be removed at the county's discretion.
Ms. Trinity Scott, your department head for Transportation
Management Services, is here to present or answer questions at your
pleasure.
MS. SCOTT: Thank you, County Manager.
I can do a presentation if you would like; otherwise, the Reader's
Digest version is in January of 2022, the Board accepted a traffic
signal study at this intersection and directed staff to come back with a
formal agreement noting that should the -- should the signal be
installed, that we could remove it at any time and that the Cameron
Commons would waive any future business damages with regard to
that because we know that in the future, a future improvement will
impact this intersection.
CHAIRMAN SAUNDERS: Okay. And who's paying for it?
MS. SCOTT: Cameron Commons.
March 25, 2025
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CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And just a quick
question. Because when we talked about this back in the day, I
thought the location of the light at Goodland was a better location for
both plaza -- both Founder's Square and Cameron Commons.
MS. SCOTT: That would be incorrect. The current traffic
queue for Collier Boulevard and Immokalee Road currently queues
back beyond that -- what would be that signal location.
COMMISSIONER McDANIEL: So the proximity to the
intersection of Immokalee and 951 isn't good for Goodland to be the
light in the intersection?
MS. SCOTT: (Nods head.)
COMMISSIONER McDANIEL: This is -- this is a huge
improvement that area direly needed, so I'm in complete support of
this.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I initially was the one that pulled this at the last commissioner
meeting and put it on the regular agenda because I just have had a
few questions that I think I didn't get enough information on. And,
you know, over the past two years we've been trying to ease the
traffic flow on Immokalee Road due to its congestion, especially at
certain times of the day. And, you know -- and putting another traffic
light so close to two traffic lights, I just had a lot of question about it.
I did have the opportunity to have a few meetings. I had a
meeting with their representation, and I got a better idea, and I think
some things were passed back and forth, and I told them that, you
know, I can live with the light now after some certain concessions
that we talked about.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
March 25, 2025
Page 107
Wasn't there something about originally there was a private
road, and they shut that off --
MS. SCOTT: Uh-huh.
COMMISSIONER HALL: -- and it cut off access to the
commercial property, and so they're going to benefit mainly from this
new traffic light? Something like that.
MS. SCOTT: Let me go back in my presentation.
So the intersection that we are speaking about is right here at
Bellaire Bay Drive. Back in early 2000/2001, the county installed a
traffic signal at Woodcrest. At that time, Limestone Trail was open.
It is a private roadway, but it was currently open. And this is the
commercial area that -- with the arrow. And so they had the benefit
of having access to that newly constructed traffic signal.
In 2021, Heritage Bay PUD amended their PUD to allow for
gating of private roadways, which was Limestone Trail, and they did
gate that roadway which eliminated that access.
We did traffic counts prior to the gating and after the gating, and
the results of those traffic counts indicated now that Bellaire Bay
would warrant a traffic signal based on the U-turns that were
occurring further down the road.
So in this exhibit here, you see the Woodcrest Drive, this is
Limestone Trail, which has been gated, and this would be the
location of the proposed new traffic signal, and this is currently
where they're doing the U-turns, which is actually the intersection
that Commissioner McDaniel was speaking of, which is Goodland
Bay and Founder's Square.
COMMISSIONER HALL: Okay. Good, thanks.
CHAIRMAN SAUNDERS: All right. Any other questions?
Obviously, we have folks here that -- I don't know if you have a
presentation to make or any questions or comments.
MR. DAVIES: Thank you, Mr. Chairman. For the record, Noel
March 25, 2025
Page 108
Davies on behalf of the applicant.
No additional -- no additional comments on our end. We are in
agreement with paying 100 percent of the light and the conditions of
the agreement that allows the county the discretion to remove the
light at any point in the future.
CHAIRMAN SAUNDERS: Do we have any registered
speakers?
MR. MILLER: We do not.
CHAIRMAN SAUNDERS: All right.
MS. SCOTT: Oh, yes, sir. There are 67 out in the hallway
waiting just with bated breath to wish Commissioner McDaniel a
Happy Birthday.
CHAIRMAN SAUNDERS: Well, they're going to have to wait
a few more minutes.
So do we have a motion?
Commissioner Kowal.
COMMISSIONER KOWAL: I did want to -- I just want to
clarify something, because after -- we had our meeting yesterday that
we spoke, and I told you that I was comfortable after we discussed
controlling the right turn, because I feel that actually adds to the
problem when they queue up, because while they're waiting for the
green arrow to turn for the left, which is the whole idea of getting
them out on the left turn, was the whole idea of having the light to
safely get them traversed left and go east. But I felt if you let them
keep making rights on red at that new light, you're just going to
create a new problem with queuing cars back while the green light is
going east and west.
So I think you spoke to your petitioner -- I just want to make
sure we're clear on that was something you agreed with yesterday
with me, and let the other commissioners hear what the reasoning
behind it was.
March 25, 2025
Page 109
MS. SCOTT: So Commissioner Kowal has asked for
consideration a "no right on red" at the intersection for the reasons
that he articulated. And Mr. Davies coordinated with his traffic
engineer, and I coordinated with our traffic engineer as well, and we
don't have an issue with that, and that's something we can do as part
of our permit review. The signal has not been approved, so it's still in
review for us for our right-of-way permitting.
COMMISSIONER KOWAL: All right.
CHAIRMAN SAUNDERS: All right. Then I think we're ready
for a motion. Commissioner McDaniel.
COMMISSIONER McDANIEL: Do you want -- when I make
the motion, do you want me to also stipulate about -- or just allow the
system to control the right on red?
COMMISSIONER KOWAL: Yeah, or at least the signage that
would say "no right on red."
COMMISSIONER McDANIEL: Right.
COMMISSIONER KOWAL: Because it kind of defeats the
purpose of, you know -- because I don't want people to still go down
and try to do the U-turn because they don't want to wait for the light
to turn green, and there's -- people are going to do that, and then
Immokalee, we know, backs up to the U-turn.
COMMISSIONER McDANIEL: How about if we just make a
motion for the approval of the light and let the studies decide how, in
fact, traffic flows best through that intersection?
CHAIRMAN SAUNDERS: I'll second that motion.
I think that having our traffic engineers have some flexibility
might be appropriate. But they -- I think that they agree that there
probably should be no turn -- no turn on red, but I think it's important
that they have that discretion to --
COMMISSIONER KOWAL: That's your motion. Have you
got a second?
March 25, 2025
Page 110
CHAIRMAN SAUNDERS: Yeah, I seconded.
COMMISSIONER McDANIEL: I made the motion.
CHAIRMAN SAUNDERS: All right. Any further discussion?
(No response.)
CHAIRMAN SAUNDERS: All right. All in favor, signify by
saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: It passes almost unanimously.
MS. SCOTT: Thank you.
COMMISSIONER KOWAL: I want my right-turn sign. Stick
to my guns.
COMMISSIONER LoCASTRO: You'll still get it.
CHAIRMAN SAUNDERS: All right. 11B.
Item #11B
APPROVE THE PURCHASE OF PROPERTY, BOILER &
MACHINERY, TERRORISM, AND WATERCRAFT HULL
INSURANCE EFFECTIVE APRIL 1, 2025, FOR AN ESTIMATED
AMOUNT OF $8,705,823. (MICHAEL QUIGLEY, DIVISION
DIRECTOR - RISK MANAGEMENT) - MOTION TO APPROVE
BY COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL - APPROVED
MS. PATTERSON: Commissioners, Item 11B is a
recommendation to approve the purchase of property, boiler and
March 25, 2025
Page 111
machinery, terrorism, and watercraft hull insurance effective April 1,
2025, for an estimated amount of $8,705,823.
Ms. Greeley Gonzalez, risk manager, is here to answer questions
or present.
CHAIRMAN SAUNDERS: All right. Are there any questions
from the Commission?
(No response.)
CHAIRMAN SAUNDERS: Do you need any presentation?
(No response.)
CHAIRMAN SAUNDERS: All right.
COMMISSIONER HALL: Make a motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and second. All
in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MS. GONZALEZ: Thank you for making my life so easy.
COMMISSIONER McDANIEL: That's our goal.
Item #11C
CONFIRMING JAMES FRENCH AS GROWTH MANAGEMENT
& COMMUNITY DEVELOPMENT DEPARTMENT HEAD,
TRINITY SCOTT AS TRANSPORTATION MANAGEMENT
SERVICES DEPARTMENT HEAD, JAMES W. DELONY AS
March 25, 2025
Page 112
INTERIM PUBLIC UTILITIES DEPARTMENT HEAD, AND
EDWARD FINN AS DEPUTY COUNTY MANAGER, TO TAKE
EFFECT IMMEDIATELY, AND APPROVE ALL NECESSARY
BUDGET AMENDMENTS - MOTION TO APPROVE, WITH NO
NATIONAL SEARCH FOR REPLACING DR. YILMAZ BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
LOCASTRO - APPROVED
MS. PATTERSON: Commissioners, that brings us to Item 11C,
formerly 16F1. This is a recommendation to confirm James French
as Growth Management and Community Development department
head, Trinity Scott as Transportation Management Services
department head, James W. DeLony as interim Public Utilities
department head, and Edward Finn as Deputy County Manager to
take effect immediately, and approve all necessary budget
amendments.
This item was moved at Commissioner McDaniel and
Commissioner Hall's separate requests.
CHAIRMAN SAUNDERS: Okay. Commissioner Hall.
COMMISSIONER HALL: Sure. I'll start. Thank you,
Chairman.
I pulled this forward because -- it has nothing to do with
Mr. French or Ms. Scott or Mr. Finn. I did want to just have a
discussion about immediately replacing Dr. Yilmaz, and the
reason -- you know, I asked staff yesterday about Mr. DeLony. And
let me preface this: I've heard nothing besides stellar stuff from [sic]
Colonel DeLony. And he -- you know, he's not the part of the
discussion.
The discussion, merely, that I want to have is do we
immediately replace him or let natural attrition go? And in doing
that, in my thought process -- let me start this -- with staff yesterday,
March 25, 2025
Page 113
some of the reasons why they recommend Mr. DeLony was that he
brings experience, that he was in that seat before, stellar leadership,
and he's able to mentor some of the younger directors, and I
understand that, and I appreciated those comments.
But when Dr. Yilmaz called me and said he would be going to
the city, I asked him specifically -- after I told him we'd greatly miss
him, I asked him specifically, "Who is capable in your staff to take
this ball and run with it?"
And he said Kari Hodgson and Matt McLean were very capable,
that they were credentialed engineers, they knew what the vision for
the county was, they knew what -- they knew -- they were underneath
George's leadership; and that they could carry this ball very well.
So I made a phone call -- after I saw the agenda item I made a
phone call to Mr. Fabian at ResourceX, and I tried to get an email to
all y'all. I don't know if you got it or not.
COMMISSIONER LoCASTRO: Yes.
COMMISSIONER HALL: I highlighted just the important
things that he said, but basically what he said is there may be benefits
to the county for not -- not immediately doing something, just for
taking a pause. And I just want to read just a couple of these line
items.
In the strategic reassessment -- and this all has to do with our
priority-based budget initiative to streamline the county and to
streamline operations. He said, "County administration may likely
have a very good reason and an urgent need to fill the position. If
there's a need, we should hear it out and consider the interim," and I
think we have.
And for strategic reassessment, he says, "Evaluate how
functions are currently distributed and identify opportunities for
consolidation or realignment as other positions become vacant
through natural attrition."
March 25, 2025
Page 114
In the gradual transition section of ResourceX's
recommendations -- not that we've received yet but that we will be
receiving -- was "Natural attrition can reduce employee anxiety and
provide time for existing staff to adapt to any changes in
responsibilities. And by strategically managing vacancies, in
considering a reorganization, the county can ensure that its resources,
including personnel, are deployed in the most effective away to
achieve desired outcomes."
Basically, he is a proponent of us pausing the decision and
seeing what could happen. I know that when speaking with the
County Manager yesterday, when I mentioned Ms. Hodgson and
Mr. McLean, she said that they could use some mentoring. And
I -- instead of hiring -- you know, costing the taxpayers $250,000 a
year with another employee, maybe Mr. DeLony would be available
and be willing to consult on an as-needed basis.
And so I just wanted to throw it out there and open up the
discussion. This is something that I feel like we can take advantage
of natural attrition and allow our directors that are in place that were
reporting to Dr. Yilmaz to step up to the plate and flourish and to
advance the county vision as far as Public Utilities go. Ms. Hodgson
on the solid waste side; Mr. McLean on the water and sewer side.
And where Mr. Yilmaz reported directly to Deputy County
Manager Mr. Finn -- I think he has eight people reporting to him
now -- Dr. Yilmaz is going to go away, and if Kari steps up to the
plate and Matt does, then nine people would be reporting to him.
Mr. Ben Holly, on the sewer side, could report to Mr. McLean.
Howard could -- on the water side, could report to Mr. McLean. Joe
Bellone would still be reporting to Mr. Finn, and the other guy that
was reporting to Dr. Yilmaz is an -- he's an analyst; he's a supervisor.
He's actually reporting now to Mr. Bellone.
So it would -- we could streamline our operations, utilize natural
March 25, 2025
Page 115
attrition, give our directors that are existing a chance to shine and to
come forth. So I just want to throw that out to everyone.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I like all those ideas. My
question is: Is this a guaranteed hire for a year?
MS. PATTERSON: No, sir. We think it's a term of six to nine
months. It could be less than that. Mr. DeLony is very familiar with
the organization.
Obviously, my concern is this: We have an extremely important
project out to the east, which is the NESA, the northeast expansion,
which Mr. McLean is responsible for, and to which we need to be
sure that we'll meet those timelines. We've made commitments to
developers to deliver service.
The second thing is, besides that we have recently tasked
Ms. Hodgson with landfill -- some work to do with the expansion of
the landfill and other solid waste matters, which will take a fair
amount of her time, we're now two months from hurricane season.
So that leaves me now pretty thin at Public Utilities with a young
staff, and all of you know the challenges that we've experienced in
filling positions.
Public Utilities -- and I'm sorry, Trinity. But Public Utilities is
obviously the most important component of infrastructure we have.
We don't like -- we all -- we love all of our kids -- love you
kids -- but if you can't turn on the tap and you can't flush the toilet,
then that's what separates us from, you know, from developing
countries.
CHAIRMAN SAUNDERS: Yeah. But if you can't drive home
to get to the toilet, then you've got a big problem as well.
MS. PATTERSON: That is --
MR. FRENCH: If it isn't zoned, it doesn't get built.
MS. PATTERSON: See? See what I have to deal with?
March 25, 2025
Page 116
That having been said, I understand the need for this evaluation.
We absolutely agree with that, looking at the organization from the
bottom to the top and the top to the bottom to look at what
reorganizational efficiencies could be achieved.
ResourceX, again, had concentrated on the General Fund side of
the house and will be moving into the Enterprise Funds. It's an
opportunity for Mr. DeLony to participate in that exercise and
perhaps achieve both of our goals, us having a solid hand on the
wheel for a few months and also challenging him to look at all of
those things that Commissioner Hall just went through.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER McDANIEL: I wasn't done. I asked one
question.
So consequently, Commissioner Hall, I -- my thoughts are we
can accomplish both things. This isn't -- this isn't a full-time hire.
We have engaged ResourceX. I like everything that you're saying.
I think for a short period of time having an experienced new set
of eyes watching everything that's going on, offering us some
additional opinions, I think that's a prudent path for us to travel right
now.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. My understanding,
after the conversation that we had -- last week is when I met with
you-all on this -- is that Mr. DeLony was coming on as an interim,
almost like as a -- you know, as sort of a contract type of employee.
What I would say is we just have to have a very specific contract
with him. It can't be open-ended. You know, it -- we have to have an
"out" clause that if he serves for 30 or 60 days, and it looks like, you
know, mission accomplished, he has mentored the folks that -- you
know, we're not here to carry him through six or nine months, or if
the magical things don't happen that we hope happens
March 25, 2025
Page 117
mentorship-wise and we're approaching hurricane season and, you
know, you as the County Manager have, you know, specific
concerns, that he has an open-ended contract where he's not going to
blindside us and go, "You know, I think I'm done. I gave you -- I
gave you my 60 days," but if he's needed -- but that the fine print on
the bottom gives us an out with a very short fuse, I would support
that.
MS. PATTERSON: Yes, sir. He would be an at-will employee
to me and to Mr. Finn. And I think that Mr. DeLony's time frame is
much shorter than mine. I had said -- he had said three to six, and
I -- knowing Mr. DeLony, I imagine that he's pretty confident in that.
I said six to nine just to be reasonable and also so that we have
that time to be sure that we've been able to look at everything that
you-all want us to look at.
We're not looking to stretch this out. And the other thing is, he's
not looking to make a career of this. He's already -- he's already had
a career, and he's retired. I don't expect that he wants to come
backwards in his life to working, you know, years in this position.
CHAIRMAN SAUNDERS: I think that -- that actually this puts
us in a really perfect position. You've got a spot that you may or may
not have to fill. That's Commissioner Hall's point.
MS. PATTERSON: Uh-huh.
CHAIRMAN SAUNDERS: But we have someone who's
familiar with the system who we know can provide guidance, and
that gives you three to six or nine months to really determine whether
someone else in the agency can step up to the leadership role. And if
you make that determination that you need to do a search, you've got
the time to do it.
So I think we're really in a good position. I think that's
consistent with what Commissioner Hall is looking to do, which is
to --
March 25, 2025
Page 118
COMMISSIONER HALL: With one exception.
CHAIRMAN SAUNDERS: Yeah, but to see if there's
somebody in the agency that can assume that role without causing
any other disruptions. So I like that thought.
Commissioner Hall.
COMMISSIONER HALL: Thank you.
I just wanted to -- I failed to mention I asked Ms. Hodgson and
Mr. McLean three questions. I said, "If it's the will of the Board to
do this," I said, "Are you willing, are you capable, and are you
confident?"
And each one of them emphatically said, "Absolutely, we would
love the opportunity."
So, you know, I understand where we're going, you know,
short-term with the -- but I don't -- I read the agenda item, and
I -- and to me, I automatically saw that we were going out for a
national search to replace Dr. Yilmaz. I don't necessarily agree with
the national search.
I think we should allow things to go, let Mr. DeLony do his
mentorship, and let's see how our directors reply to it and see if we
can't streamline some organization, because I feel like we are heavy
at the top.
MS. PATTERSON: Yes, sir. And we're happy to do that, and
we won't embark on a national search or any type of search until
Mr. DeLony is able to get in there and meet with the staff, and we
can certainly report back to you pretty quickly.
CHAIRMAN SAUNDERS: All right. I think we're ready for a
motion at this point, unless there are any other questions or
comments.
COMMISSIONER HALL: Sure. I'll make the motion.
COMMISSIONER McDANIEL: I'll second.
COMMISSIONER HALL: I make a motion to approve it with
March 25, 2025
Page 119
the stipulation that we're not going to commit to a national search for
an automatic replacement of Dr. Yilmaz.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any discussion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Item #12A
RESOLUTION 20025-69: REMOVE CHRISTINA AGUILERA
FROM THE EAST OF 951 AD HOC ADVISORY COMMITTEE
FOR CONSECUTIVE ABSENCES, APPOINT BRUCE HAMELS
TO REPLACE THE VACANT SEAT, APPOINT A MEMBER TO
THE ALTERNATE SEAT, AND CONSIDER EXTENDING THE
SUNSET DATE FROM AUGUST 15, 2025, TO AUGUST 15, 2026
- RESOLUTION 2025-69: MOTION APPOINTING BRUCE
HAMELS AND DOUGLAS RANKIN BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO –
ADOPTED
MS. PATTERSON: Thank you, Commissioners. This brings us
March 25, 2025
Page 120
to Item 12A. This is a recommendation to remove Christina Aguilera
from the East of 951 Ad Hoc Advisory Committee for consecutive
absences, appoint Bruce Hamels to replace the vacant seat, appoint a
member to the alternate seat, and consider extending the sunset date
from August 15th, 2025, to August 15, 2026.
County Attorney.
MR. KLATZKOW: I think the title of the executive summary
says it all. The Board should consider replacing Christina Aguilera
with Bruce Hamels, and then you have a choice of applicants for the
other position.
CHAIRMAN SAUNDERS: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I was going to just
make a motion we approve, but I was just going to make a comment
and say, I was really -- really glad to see this on the agenda. County
Manager and I spoke about it. And I would just, you know, remind
all of us that when we chair different committees -- I mean, the
handful that I've chaired, I've caught these people quite a bit, you
know, where we have people that sit on these committees, and
they've been absent for quite some time. So I was glad to see this
one. Someone obviously caught this, and I think we just need to do
more of it. But we talked about it at great length. And, you know, I'd
make a motion we approve this unless somebody had some other
questions.
MR. KLATZKOW: You need to make a choice with the three
candidates.
COMMISSIONER LoCASTRO: Okay. Well, I thought one
was being recommended.
MR. KLATZKOW: No, only one of the seats.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN SAUNDERS: Let's hear from Commissioner
McDaniel. He's got the most knowledge about the committee and
March 25, 2025
Page 121
most history with it.
COMMISSIONER McDANIEL: And you're correct,
Commissioner LoCastro. The motion is to replace Christina Aguilera
with Bruce Hamels, and I made that under commissioner comments,
but now we're codifying it in an executive summary.
And then -- and the second portion of the motion -- my motion,
your motion; I don't care who makes it -- would be to appoint one of
the other three applicants. And my -- as an alternative -- as an
alternate, because we do have a lady who was an alternate who's
suffering from health issues.
And so my suggestion would be, of the three, I'd pick
Mr. Rankin. So my motion is for Hamels to replace Aguilera and
Rankin to be the alternative, alternate.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER LoCASTRO: I'd second that.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. Any discussion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
COMMISSIONER KOWAL: It's hard being a rock star.
Item #15A
March 25, 2025
Page 122
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING – NONE
MS. PATTERSON: Commissioners, that brings us to Item 15,
staff and commission general communications.
Item 15A is public comment on general topics not heard on the
current or future agenda by individuals not already heard during the
previous public comments in this meeting.
MR. MILLER: We have none.
Item #15B
STAFF PROJECT UPDATES
MS. PATTERSON: 15B is staff project updates. We actually
have two. First, we have Mr. Mullins who is going to talk to you
about the impact of the federal continuing resolution on Board
projects.
MR. MULLINS: Thank you. Commissioners, for the record,
John Mullins, your director of Communications, Government, and
Public Affairs.
And since your last meeting -- let me go ahead and get this
queued up. Since your last meeting, Congress and the President have
ensured no government shutdown between now and the end of the
2025 fiscal year; however, this is the first time that the federal
government has worked the entire year under a continuing resolution.
Now, the CR did make some adjustments to funding resulting in
a net increase of about $7 billion in spending, but of particular
March 25, 2025
Page 123
interest to us, the CR did not fund congressional members
community project funds and grants.
Now, as you know, in the last federal cycle, the Board submitted
two funding requests to Congressman Mario Diaz-Balart, including
the Everglades Boulevard/I-75 interchange feasibility analysis and
for funding towards the rehabilitation of the Golden Gate Parkway
building into a veterans community center.
Again, the good news, no government shutdown, but the flip
side of that coin is that it also takes away any urgency to negotiate
and pass an actual FY '25 spending package. So barring any further
surprises, the federal government will be spending at FY 2024 levels
through the rest of FY '25.
Now, reinforcing that a new fiscal year spending package for FY
'25 is unlikely, last week we were contacted by Congressman
Diaz-Balart's office and notified that we're going to have to put in a
new application for FY 2026 if we wish to continue to pursue funding
for these two projects.
So in addition to providing you with this update, I'm here to
confirm the Board's desire to resubmit for the FY '26 cycle. And
given that we're already halfway through FY '25, and the FY '26
appropriations cycle is already getting underway, the additional time
that we may have to await awarded funds is probably about six
months, but that's assuming that the FY '26 package is agreed to and
passed on time.
And I want to assure the Board and the public, particularly our
veteran community partners, that the continuing resolution is not
negatively impacting the State Veterans' Nursing Home Project. In
fact, it could be a blessing in disguise. The nursing home project is
not a community project funding grant but a VA operated
construction grant program that is annually funded by Congress. And
in most years, the funding typically allocated to this program is
March 25, 2025
Page 124
between 90 and $150 million per year.
Now, given the CR also allows for spending at the FY 2024
level, for that particular fiscal year, the VA received over
$160 million for the program. So that puts the $74 million
construction match requested by the state at even better odds of being
funded.
Now, through Senator Scott's office, we've also received
information about our placement on the upcoming construction grant
ranking list, and as expected, our state partner will be residing in
Priority Group 1, Sub-priority 3 as a state with defined "great need of
veterans beds" and also having their 35 percent matching funds in
hand and unencumbered.
Now, I asked a follow-up question to see if the VA could
confirm that we're the only project in 1.3, but they declined to
confirm or deny. And as the only other great-need state, if it's
confirmed Texas is not also in 1.3 or at least not ahead of us in 1.3,
it's highly probable that our nursing home project will be awarded the
full 65 percent construction match during this current fiscal year.
So for now, we'll await the ranking list. The official list should
come out between July and September.
But back to the question at hand, is it your desire to resubmit
and continue pursuit of the federal funding for our two Board
community funding requests?
CHAIRMAN SAUNDERS: All right. Are there any questions?
I think initially we do need a motion to resubmit the applications for
the community funding in the -- this will be '26.
MR. MULLINS: FY '26.
CHAIRMAN SAUNDERS: FY '26 budget. I know staff is
already working on those applications, but we need a formal
approval. So is there a motion?
COMMISSIONER McDANIEL: I'll make a motion.
March 25, 2025
Page 125
CHAIRMAN SAUNDERS: We have a motion --
COMMISSIONER KOWAL: Second.
CHAIRMAN SAUNDERS: -- and we have a second to direct
staff to continue making the application for those two community
projects through Congressman Mario Diaz-Balart's office. If there's
no further discussion, all in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: And that passes unanimously.
MR. MULLINS: And also, just so the Board knows, staff will
be completing the application. The Chair will have to sign a
congressional request letter on behalf of the BCC, which he has
already authorized to do, and it may require us to have the support
letters from the community that apply to the projects to be updated,
redated, and resubmitted. The appropriations committee sent out
instructions saying that all letters had to be recent, and now we are
trying to determine how recent "recent" is.
COMMISSIONER LoCASTRO: John, what's the deadline? So
we just approved to resubmit. What's the deadline? I thought I saw
something on a couple of emails.
MR. MULLINS: Yeah. That's coming up in April.
COMMISSIONER LoCASTRO: April 3rd. Is that still --
MR. MULLINS: Yeah, it sounds about right.
COMMISSIONER LoCASTRO: Yep. That's what was on a
letter that I saw. Okay.
CHAIRMAN SAUNDERS: All right. Any other information
March 25, 2025
Page 126
that you have for us on this?
MR. MULLINS: No. Happy to answer any other questions
about any of the three.
CHAIRMAN SAUNDERS: All right. Any questions?
(No response.)
CHAIRMAN SAUNDERS: Seeing none.
Ms. Patterson.
MS. PATTERSON: Commissioners, our second update, I'm
going to ask Mr. French to come forward with an update on the
ongoing criminal investigation on the issue you may have been
reading about in the news for sign and seals -- sign and sealed
building permits and other documents.
MR. FRENCH: Good afternoon, Commissioners. Happy
Birthday, Commissioner LoCastro, Commissioner McDaniel.
COMMISSIONER LoCASTRO: Look what you started.
COMMISSIONER McDANIEL: It was you. He didn't even
say anything to me.
MR. FRENCH: I just did them in order. And, last but not at
least, Troy, Happy Birthday.
Jamie French, for the record, department head for Community
Development and -- Growth Management and Community
Development.
So with regard to building permits -- and this is more so of a
public service announcement, perhaps. So the way this -- the way the
Florida Building Code works, it's predominantly identified within
Chapter 49 and 553 of the Florida Statutes. And it lays out the
guidelines for each local authority having jurisdiction. So whether
you're a city, a township, a county, every of those government
agencies are required to have a registered building official.
Now, some -- based on your population, some can go in with a
provisional license, or they have to have a full license. In Collier
March 25, 2025
Page 127
County, we have -- because our population is so large, both our
building official and his backup, our deputy building official, are both
licensed -- Florida state licensed building officials.
However, licensing is a -- is a regulatory function of the State of
Florida. That is done through the Department of Business and
Professional Regulation. No different than the licenses that our staff,
that we receive, the -- a general contractor or a specialized contractor
is identified with the State of Florida that's required to have a license.
That license is mandated. It is regulated. It is maintained, and it is
distributed for public knowledge to include local authorities having
jurisdictions. That information's controlled by the state.
In this particular case -- and this is not the first case we've had
where we've had a licensed professional engineer or architect.
Licensed professional engineers or licensed architects aren't also
required; however, in certain types of construction they are. And if
you identify yourself as one and you submit drawings for review, the
local authority having jurisdiction validates that license up against the
state's database. Again, the state controls the license. It's not done at
a local level.
In this particular case, what we've got -- there was a myriad of
permits that all came in under a state-licensed contractor that
introduced licensed signed and sealed plans from a state-licensed
engineer. That license, later to be found out, the State of Florida
identified to us that license was no longer valid and that an
investigation was taking place.
Just like any other building permit, the Florida Building Code
identifies the minimum standards of what a building permit
application needs to hold. The licensed drawings of an architect or
an engineer are not part of that.
So when the state came to us and they said, "We want to see all
of these permits associated with this engineer or with an architect,"
March 25, 2025
Page 128
that is a very daunting task. We're actually going through, and we're
looking at time periods permit by permit by permit, opening up those
files. We are an Enterprise Fund, so it is actually paid for by the
industry, the people that buy permits or pay for permits, but we're
taking it one step further.
So we're currently in design on our software that at the time of
application when we go through that review of the documents that are
included, it will include that architect, his license number or whatnot,
so in the event that this comes back up -- because this one's pretty
large. But also because it's a criminal investigation at this point,
there's certain information, although we may be the record holder of
the permit, we're not involved with the -- other than turning over all
of the documentation that we have.
But this -- this particular case is being prosecuted, as we're
aware of, by the Florida Department of Law Enforcement and any
other agency, to include, we understand, according to the news
article, maybe the FBI or the Collier County Sheriff's Office, but
we've been working directly with the State of Florida on this
particular one.
And we do know that it has affected some of the permits in
Marco Island as well as some permits in the City of Naples; however,
we are not the local authority having jurisdiction. They have their
own building official, they have their own processes, they have their
own elected body, and just like under Chapter 49 and 553, they
follow those same set of standards. It may not be the same software,
it may not be the same filing system, but the state identifies what that
minimum needs to be.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Two things, No. -- so did I
hear you say you don't think that we have any -- any permit issues
with this architectural license fraud?
March 25, 2025
Page 129
MR. FRENCH: This would not -- as far as --
COMMISSIONER McDANIEL: Collier County.
MR. FRENCH: -- the county, we have nothing outside of we
qualified the license with the State of Florida at the time of
application, and then we also qualify it before a certificate of
occupancy or certificate of completion can be issued. That is the
requirements of 49 and 553.
So at the time a CO was issued, State of Florida says, "You've
got a valid license." We have no right of appeal. Our only right of
appeal on this is that if our building official, your building official,
feels like there is a willful code violation with regards to the elements
of construction. This was not the case. This is a licensing dilemma
that is 100 percent controlled by the State of Florida.
COMMISSIONER McDANIEL: My other question was -- or
thought more than anything is -- and I understand that we didn't
necessarily have any permit issues with this particular, theoretically,
fraud maneuver. But I would like to hear about it from our building
official before they're talking to DSAC and it gets printed in the
news. I would like -- I'd like to be briefed on something like this if it
happens again.
MR. FRENCH: Yeah, my apologies for that, Commissioner.
That was a new building director and, quite honestly, your building
director, that is more of an administratively assigned position.
Because under 49 and 553, it says that the building official shall do
their job without interference. So as a board, as the senior leadership
of that group, I cannot give him direction -- him or her direction on
how to interpret the code. Only the State of Florida can do that.
COMMISSIONER McDANIEL: I understand.
MR. FRENCH: But it wasn't a building official, this was a
building director, and I will take care of that.
COMMISSIONER McDANIEL: And no need for "sorry." I
March 25, 2025
Page 130
just was stipulating I'd like to hear about it ahead of the news.
MR. FRENCH: Yes, sir.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, sir.
So -- but two things, Mr. French. I mean, we do have some
Collier County residents that were caught in this, right? I mean, we
issued some COs unbeknownst to us that if we would have known
more, we wouldn't have -- right? I mean, we're not -- we're not
cleared from all this. I mean, I'm hearing from citizens in Collier
County that are like, "Oh, my God. You know, we did business with
this fraudulent person, and what do we do? Who should we talk to?"
So, you know, it's not like we're in the clear. We have -- and not that
we did anything wrong, but we have some people that are affected by
this, correct?
MR. FRENCH: So the only people that would actually be not in
the clear would be those individual homeowners, because they have a
responsibility. I don't want to say "buyer beware," but in many cases
you may have a project manager, you may have an owner's
representative -- owner's representative that actually does some of the
validation both -- in the field as a third party. It is not a requirement.
We have no right of appeal. If we could have gone back in time not
knowing what we don't know, or not knowing what we didn't know,
we would have still had to have issued the CO --
COMMISSIONER LoCASTRO: Seal, yeah.
MR. FRENCH: -- because that's what the state law is.
COMMISSIONER LoCASTRO: Right.
MR. FRENCH: However, our cooperation is the best thing we
can do. And also, we have -- you have your own local licensing
group within Code Enforcement so that if there is fraud, we already
have a very good working relationship with the Collier County
Sheriff's Office.
March 25, 2025
Page 131
And the conviction against a license or defrauding someone is
one thing, but in the event that we can add to that and make that
conviction even more painful to where they can't -- this can't reoccur
by this person ever, they could no longer practice in this field or
whatnot, those are the type of things that we do consider in that
conviction process with your board-assigned -- your Collier County
Licensing board.
COMMISSIONER LoCASTRO: The second thing I wanted to
ask, only for you to get it on the record -- and it was based on a
conversation that you and I had. When these things pop up, we learn
a few things in the county, and you had said, "Hey, there's a few
changes that we're making internally that will -- that are tightening a
few things up." Do you want to go on the record and maybe just --
MR. FRENCH: Sure.
COMMISSIONER LoCASTRO: -- go over those?
MR. FRENCH: So as I was saying before, we have no
requirement to track project by engineer or architect. We're going to
go ahead and do that in the event that this reoccurs, and it's for
getting this information to those agencies faster but also for saving
taxpayers money so that we could -- just by simple query or a search,
we have the ability. And so we'll go through that. Unfortunately, it
does take a great deal -- we do a lot of internal programming through
our CityView software. We have our own support team, and that's
what the industry has demanded over time. They're very good.
They're programmers. They're database engineers. This is what they
do. We'll bring that software down. We'll run it through testing.
And then when we stand it back up, we want to make sure that none
of our clients experience any type of failure with the software.
COMMISSIONER LoCASTRO: Sounds good. Thank you, sir.
CHAIRMAN SAUNDERS: All right. Ms. Patterson, anything
else?
March 25, 2025
Page 132
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: No, sir. That brings us to 15C, which is
staff and commission general communications. The only thing I have
for you-all is we continue to work to schedule the mental health
workshop. We're looking at a tentative date of June 3rd, which is a
regular workshop date. We'll work with your aides on that date.
Potentially also to make that a full day or at least a three-quarters of a
day adding the AUIR on, which would be timely in advance of the
budget. So a mental health and AUIR for June 3rd. And again, we'll
reach out to all of your aides to make sure that that Tuesday works
for you-all.
With that, I have nothing else.
Mr. Klatzkow.
MR. KLATZKOW: Nothing else, thank you.
CHAIRMAN SAUNDERS: All right. We'll start with
Commissioner Kowal. Anything for the good of the order here?
COMMISSIONER KOWAL: No, I think I'm pretty good.
Thank you.
CHAIRMAN SAUNDERS: All right. Commissioner Hall?
COMMISSIONER HALL: Nothing from me, thanks.
CHAIRMAN SAUNDERS: Birthday boy?
COMMISSIONER McDANIEL: My mother sent specific
thanks to you for indulging me this morning and allowing her to sing
"Happy Birthday" to me, and I want to thank everyone for the many
wishes.
CHAIRMAN SAUNDERS: All right. Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have nothing. Thank you,
March 25, 2025
Page 133
sir.
CHAIRMAN SAUNDERS: All right. I don't have anything as
well.
I want to thank everybody for a great day, and our lunch was
really nice with the students. That always makes for a great day.
So with that, we are adjourned.
******
****Commissioner Hall moved, seconded by Commissioner Kowal,
and carried that the following items under the consent and summary
agendas be approved and/or adopted****
Item #16A1
TERMINATION OF AGREEMENTS OF THE FEE PAYMENT
ASSISTANCE PROGRAM, JOB CREATION INVESTMENT
PROGRAM, AND ADVANCED BROADBAND
INFRASTRUCTURE INVESTMENT PROGRAM, AND RELEASE
OF LIENS CREATED BY THESE AGREEMENTS WITH
ARTHREX, INC., AND/OR ARTHREX MANUFACTURING, INC.
Item #16A2
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $41,400, FOR A REDUCED PAYMENT OF
$4,058.10, IN THE CODE ENFORCEMENT ACTION TITLED
BOARD OF COUNTY COMMISSIONERS VS. SA EQUITY
GROUP LLC, IN CODE ENFORCEMENT BOARD CASE NO.
CESD20190001769, RELATING TO PROPERTY LOCATED AT
114 NEW MARKET RD E, COLLIER COUNTY, FLORIDA
March 25, 2025
Page 134
Item #16A3
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS
A GUARANTEE FOR EXCAVATION PERMIT NUMBER
PL20150001915 FOR WORK ASSOCIATED WITH AUTUMN
BLOSSOMS ASSISTED LIVING FACILITY
Item #16A4
BUDGET AMENDMENT IN THE AMOUNT OF $150,000,
REALLOCATING FUNDING WITHIN THE CONSERVATION
COLLIER CARACARA PRAIRIE FUND (0674)
Item #16B1
AWARD INVITATION TO BID (“ITB”) NO. 24-8316,
“LANDSCAPE MAINTENANCE FOR WORK AREAS 18B, 20B,
21B, 23, 27,” TO MAINSCAPE, INC., SUPERB LANDSCAPE
SERVICES, INC., AND SUPERIOR LANDSCAPING & LAWN
SERVICE, INC., ON A PRIMARY/SECONDARY BASIS, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENTS
Item #16B2
THE ELECTRONIC SUBMISSION OF THE COUNTY
INCENTIVE GRANT PROGRAM (CIGP) AND THE
TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP)
APPLICATIONS WITH THE FLORIDA DEPARTMENT OF
March 25, 2025
Page 135
TRANSPORTATION TO FUND THE DESIGN OF THE
WIDENING OF SANTA BARBARA BOULEVARD/LOGAN
BOULEVARD FROM PAINTED LEAF LANE TO PINE RIDGE
ROAD PROJECT IN THE AMOUNT OF $6,200,000
Item #16B3
THE ELECTRONIC SUBMISSION OF THE COUNTY
INCENTIVE GRANT PROGRAM (CIGP) AND THE
TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP)
APPLICATIONS WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO FUND THE DESIGN OF THE
WIDENING OF PINE RIDGE ROAD FROM LOGAN
BOULEVARD TO COLLIER BOULEVARD PROJECT IN THE
AMOUNT OF $5,800,000
Item #16B4
RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER
NO. 3 FOR CONTRACT NO. 24-8292 WITH EARTH TECH
ENTERPRISES, INC., FOR THE PARK SHORE BEACH
RENOURISHMENT, INCREASING THE CONTRACT AMOUNT
BY $7,000; AUTHORIZE THE CHAIRMAN TO EXECUTE THE
CHANGE ORDER; AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (PROJECT 90067)
Item #16B5
TWENTY (20) DEED CERTIFICATES FOR PURCHASED
BURIAL RIGHTS AT LAKE TRAFFORD MEMORIAL GARDENS
CEMETERY AND AUTHORIZE THE COUNTY MANAGER OR
March 25, 2025
Page 136
DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO RECORD
THE DEED CERTIFICATES WITH THE CLERK OF COURT’S
RECORDING DEPARTMENT
Item #16B6 (Continued to April 8, 2025, BCC Meeting)
RECOMMENDATION TO APPROVE AMENDMENT NO. 5 TO
LEASE AGREEMENT NO. 4600003056 ("AGREEMENT NO. 5")
WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT
TO CONTINUE LEASING OFFICE SPACE FOR COLLIER
COUNTY LOCATED AT 2660 HORSESHOE DRIVE NORTH,
SUITE 105, FOR AN ADDITIONAL FIVE YEARS, WITH TWO
OPTIONAL THREE-YEAR RENEWALS, AND ADJUST THE
ANNUAL RENTAL AMOUNT IN ACCORDANCE WITH THE
EXISTING 2.5% ESCALATION CLAUSE.
Item #16B7
RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER
NO. 1, ADDING FIFTY DAYS TO TASKS 1 THROUGH 4 FOR
PURCHASE ORDER NO. 4500231142, UNDER AGREEMENT
NO. 23-8108 WITH JACOBS ENGINEERING GROUP, INC., FOR
DESIGN SERVICES FOR THE COLLIER AREA TRANSIT
OPERATIONS AND MAINTENANCE FACILITY, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CHANGE ORDER. (PROJECT NO. 33736 AND 33767)
Item #16B8
RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER
NO. 4, ADDING THE CONSTRUCTION OF 13 DRIVEWAYS
March 25, 2025
Page 137
TOTALING $134,221.64, AND OMITTING THE ALUMINUM
CANOPY AT THE COLLIER AREA TRANSIT (CAT) TRANSFER
STATION UNDER AGREEMENT NO. 20-7811 WITH QUALITY
ENTERPRISES USA, INC., FOR THE “DESIGN-BUILD OF THE
IMMOKALEE AREA IMPROVEMENTS – TIGER GRANT”
PROJECT, AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED CHANGE ORDER, AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENT. (PROJECT NO. 33563)
Item #16B9
AWARD A WORK/PURCHASE ORDER FOR A REQUEST FOR
QUOTATION (“RFQ”) FOR THE HARBOR AND HOLIDAY
STORMWATER IMPROVEMENTS OUTFALL REPLACEMENTS
PROJECT UNDER AGREEMENT NO. 20-7800,
“UNDERGROUND CONTRACTOR SERVICES” TO KYLE
CONSTRUCTION, INC., IN THE TOTAL AMOUNT OF
$770,515.00, WHICH INCLUDES A BASE BID AMOUNT OF
$745,515.00 AND A PROJECT ALLOWANCE OF $25,000.00, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
WORK ORDER (PROJECT NUMBER 60195)
Item #16B10
RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER
NO. 1 WITH HANNULA LANDSCAPING AND IRRIGATION,
INC., ADDING 34 DAYS UNDER AGREEMENT NO. 24-8203,
"DAVIS BOULEVARD (SR 84) SANTA BARBARA BOULEVARD
TO COLLIER BOULEVARD LANDSCAPE & IRRIGATION
INSTALLATIONS," AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED CHANGE ORDER
March 25, 2025
Page 138
Item #16B11
A SECOND AMENDMENT TO THE AGREEMENT FOR SALE
AND PURCHASE OF THE WILLIAMS RESERVE PROPERTY
TO EXTEND THE DUE DILIGENCE PERIOD TO APRIL 9, 2025,
TO ALLOW THE PARTIES TIME TO FINALIZE AN
AMENDMENT TO THE PURCHASE AND SALE AGREEMENT
RELATING TO THE ENVIRONMENTAL CONDITIONS ON THE
PROPERTY
Item #16C1
THE BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, APPROVE CHANGE ORDER NO. 1
FOR A TIME EXTENSION UNDER AGREEMENT NO. 23-8067
WITH ZABATT ENGINE SERVICES, INC., D/B/A ZABATT
POWER SYSTEMS, INC., FOR THE TAMIAMI WELL 23
GENERATOR REPLACEMENT. (PROJECT NO. 70069)
Item #16C2
THE BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, APPROVE AGREEMENT NO. 24-
059-NS, “KOMLINE-SANDERSON BELT PRESS EQUIPMENT,
PARTS, AND SERVICES,” UNDER A SOLE SOURCE WAIVER
WITH KOMLINE-SANDERSON CORPORATION, AUTHORIZE
EXPENDITURES UP TO $200,000 PER FISCAL YEAR FOR AN
ESTIMATED TOTAL AMOUNT OF $1,000,000 FOR THE ENTIRE
March 25, 2025
Page 139
DURATION OF THE AGREEMENT, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AGREEMENT
Item #16C3
RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER
NO.1, PROVIDING FOR A TIME EXTENSION OF 165 DAYS
UNDER PROFESSIONAL SERVICES AGREEMENT NO. 22-7952
FOR THE “NORTH COUNTY WATER RECLAMATION
FACILITY – ELECTRICAL SERVICES NO. 1 UPGRADE
PROJECT,” WITH JOHNSON ENGINEERING, LLC., AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CHANGE ORDER. (PROJECT #70278)
Item #16C4
THE BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, APPROVE EXPENDITURES
UNDER AN EXEMPTION FROM THE COMPETITIVE PROCESS
AND APPROVE THE ATTACHED SECOND AMENDMENT TO
AGREEMENT NO. 22-013-NS WITH MUELLER SYSTEMS, LLC,
FOR THE PURCHASE OF SMALL RESIDENTIAL AND
COMMERCIAL METERS, AUTOMATIC METER READING
COMPONENTS, AND ADVANCED METERING
INFRASTRUCTURE DIRECTLY FROM MUELLER FOR A NOT-
TO-EXCEED FISCAL YEAR SPEND OF $3.7 MILLION
DOLLARS AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AMENDMENT EXERCISING A RENEWAL TERM
OF FIVE YEARS
March 25, 2025
Page 140
Item #16D1
THE NECESSARY BUDGET AMENDMENTS TO REFLECT THE
ESTIMATED FUNDING OF THE RETIRED AND SENIOR
VOLUNTEER PROGRAM 2025-2026 CONTINUATION FROM
AMERICORPS SENIORS IN THE AMOUNT OF $75,000 WITH A
LOCAL MATCH OBLIGATION OF $32,150. (HOUSING GRANTS
FUND 1835 AND HOUSING MATCH FUND 1836)
Item #16D2
ACCEPT AND APPROPRIATE A RESTRICTED DONATION IN
THE AMOUNT OF $100,000.00 FROM THE FRIENDS OF THE
LIBRARY OF COLLIER COUNTY, INC., TO PROVIDE
FUNDING FOR LIBRARY E-SERVICES, AND TO AUTHORIZE
THE NECESSARY BUDGET AMENDMENT
Item #16D3
AN AGREEMENT BETWEEN COLLIER COUNTY, THE MARCO
ISLAND HISTORICAL SOCIETY, INC., AND THE CALUSA
GARDEN CLUB OF MARCO ISLAND FOR REVITALIZATION
OF THE PIONEER GARDEN AT THE MARCO ISLAND
HISTORICAL MUSEUM
Item #16F1 (Moved to Item #11C, per Agenda Change Sheet)
Item #16F2
THE AWARD AND AUTHORIZE THE CHAIRMAN TO
EXECUTE GRANT AGREEMENT NO. FM921 BETWEEN THE
March 25, 2025
Page 141
COUNTY AND THE FLORIDA DEPARTMENT OF FINANCIAL
SERVICES FOR THE CONSTRUCTION OF THE COLLIER
COUNTY FIRE AND EMS STATION 74 IN THE AMOUNT OF
$3,646,613.00, EXECUTE ALL NECESSARY FORMS, AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
(FUND 1831 PROJECT #55212)
Item #16F3
AWARD INVITATION TO BID (“ITB”) NO. 24-8304, “GREASE
TRAP HAULING SERVICES & REPAIRS,” TO SOUTHERN
SANITATION, INC., AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT
Item #16F4
BUDGET AMENDMENT TO RECOGNIZE ACCRUED
INTEREST IN THE AMOUNT OF $3,285.78 FROM OCTOBER 1,
2024, THROUGH JANUARY 31, 2025, EARNED BY EMS
COUNTY GRANT TO SUPPORT THE PURCHASE OF MEDICAL
AND RESCUE EQUIPMENT (EMS GRANT FUND 4053)
Item #16F5
RESOLUTION 2025-63: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2024-25 ADOPTED BUDGET. (THE BUDGET
AMENDMENTS IN THE ATTACHED RESOLUTION HAVE
BEEN REVIEWED AND APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE
March 25, 2025
Page 142
SUMMARIES.)
Item #16J1
BUDGET AMENDMENTS, IN THE AMOUNT OF $1,600,000
WITHIN GENERAL FUND (0001) AND COLLIER COUNTY
SHERIFF'S OFFICE FUND (0040) TO REALLOCATE CURRENT
FUNDING FROM THE COLLIER COUNTY SHERIFF’S OFFICE
FUND (0040) TO COLLIER COUNTY CAPITAL-WIDE CAPITAL
PROJECT FUND (3001) VIA ADJUSTMENTS TO GENERAL
FUND (0001) TRANSFERS AND APPROPRIATE THE FUNDING
WITHIN COUNTY-WIDE CAPITAL PROJECT FUND (3001) TO
ALLOW FOR THE REIMBURSEMENT OF FUNDING TO THE
COLLIER COUNTY SHERIFF’S OFFICE FOR MODIFICATIONS
TO ADMINISTRATIVE OFFICES AT BUILDING J1
Item #16J2
AMENDMENT NO. 6 TO PROFESSIONAL SERVICES
AGREEMENT NO. 21-7936, “PROFESSIONAL SERVICES FOR
SAP S/4 HANA IMPLEMENTATION” WITH PHOENIX
BUSINESS, INC., D/B/A PHOENIX BUSINESS CONSULTING
FOR TASKS RELATED TO SAP SUCCESS FACTORS
WORKFORCE JOB SCHEDULING FOR EMS 56 AND
BATTALION CHIEF ORGANIZATIONAL UNITS AS WELL AS
ADDITIONAL TIME AND FUNDING FOR THE BOARD
RELATED PORTION OF THE NEW INTEGRATED SAP TIME
AND ATTENDANCE PAYROLL PLATFORM IN THE NOT TO
EXCEED AMOUNT OF $212,732.00 (PROJECT NUMBER 50017)
Item #16J3
March 25, 2025
Page 143
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 IN THE
AMOUNT OF $58,188,162.25 WERE DRAWN FOR THE
PERIODS BETWEEN FEBRUARY 27, 2025, AND MARCH 12,
2025, PURSUANT TO FLORIDA STATUTE 136.06
Item #16J4
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF MARCH 19, 2025
Item #16K1
RESOLUTION 2025-64: APPOINTING MICHAEL MANN TO
THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY
COMMITTEE – W/TERM EXPIRING ON OCTOBER 1, 2029
Item #16K2
RESOLUTION 2025-65: REAPPOINTING MICHAEL FACUNDO
TO THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY
BOARD – W/TERM EXPIRING ON APRIL 4, 2028
Item #16K3
AMENDMENT TO MEDIATED SETTLEMENT AGREEMENT
PROVIDING FOR THE FINAL RELEASE OF $91,804.00 IN
WITHHELD RETAINAGE RELATED TO THE MEDIATED
March 25, 2025
Page 144
SETTLEMENT AGREEMENT ENTERED INTO BY COLLIER
COUNTY, FLORIDA AND MANHATTAN CONSTRUCTION
FLORIDA, INC. ON JULY 25, 2023, INVOLVING THE
CONSTRUCTION OF THE PARADISE COAST SPORTS PARK
Item #16K4
RESOLUTION 2025-66: APPOINTING TWO MEMBERS TO THE
RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE –
APPOINTING JASON ZULLO AND REAPOINTING HARRY
WILSON, WITH TERMS EXPIRING ON MARCH 3, 2029
Item #16L1
COUNTY COMMUNITY REDEVELOPMENT AGENCY AND
THE BOARD OF COUNTY COMMISSIONERS REVIEW AND
ACCEPT THE 2024 ANNUAL REPORTS FOR THE TWO
COMMUNITY REDEVELOPMENT COMPONENT AREAS:
BAYSHORE GATEWAY TRIANGLE AND IMMOKALEE AND
PUBLISH THE REPORTS ON THE APPROPRIATE WEBSITES
Item #17A – Executive Summary incorrectly refers to Items #11A
and #11B as the companion items; the correct
Companion Items are #11A and #11B (Per Agenda
Change Sheet)
ORDINANCE 2025-11: 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
March 25, 2025
Page 145
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])
Item #17B – Executive Summary incorrectly refers to Items #11A
and #11B as the companion items; the correct
Companion Items are #11A and #11B (Per Agenda
Change Sheet)
ORDINANCE 2025-12: AN ORDINANCE AMENDING THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN, TO
CREATE THE TAMIAMI TRAIL 50-ACRE MIXED USE
SUBDISTRICT, TO ALLOW UP TO 400 DWELLING UNITS
WITH AFFORDABLE HOUSING, UP TO 100,000 GROSS
SQUARE FEET OF NON-RESIDENTIAL USES, AND UP TO
80,000 GROSS SQUARE FEET OF MINI-WAREHOUSE USE.
THE SUBJECT PROPERTY IS LOCATED NORTH OF TAMIAMI
TRAIL EAST (U.S. 41), APPROXIMATELY 1,000 FEET WEST OF
THE INTERSECTION OF TAMIAMI TRAIL EAST AND
RECYCLING WAY, IN SECTION 18, TOWNSHIP 51 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 50 ACRES. (PL20230007471) (COMPANION TO ITEM #11A
March 25, 2025
Page 146
[MPUD-PL20230007470, TAMIAMI 58-ACRE MPUD])
Item #17C
ORDINANCE 2025-13 (CCME); ORDINANCE 2025-14
(GGAMP); ORDINANCE 2025-15 (IAMP); ORDINANCE 2025 -16
(FLUE); ORDINANCE 2025-17 (PFE): FIVE ORDINANCES
AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, TO REFORMAT AND SPECIFICALLY
AMEND THE FUTURE LAND USE ELEMENT AND MAPS; THE
GOLDEN GATE CITY SUB-ELEMENT OF THE GOLDEN GATE
AREA MASTER PLAN ELEMENT AND MAPS; THE URBAN
GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN
GATE AREA MASTER PLAN ELEMENT AND MAPS; THE
RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE
GOLDEN GATE AREA MASTER PLAN ELEMENT AND MAPS;
THE IMMOKALEE AREA MASTER PLAN ELEMENT AND
MAPS; THE CONSERVATION AND COASTAL MANAGEMENT
ELEMENT; THE POTABLE WATER SUB-ELEMENT OF THE
PUBLIC FACILITIES ELEMENT; AND THE WASTEWATER
TREATMENT SUB-ELEMENT OF THE PUBLIC FACILITIES
ELEMENT; AND FURTHERMORE DIRECTING TRANSMITTAL
OF THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF
COMMERCE. (ADOPTION HEARING)
Item #17D
ORDINANCE 2025-18: AN ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 2003-36, AS AMENDED,
REPEALING AND REPLACING AMENDING ORDINANCE NO.
2022-30, PROVIDING FOR THE REIMPOSITION OF THE FIVE-
March 25, 2025
Page 147
CENT LOCAL OPTION FUEL TAX UPON ITS TERMINATION
ON DECEMBER 31, 2025, EFFECTIVE JANUARY 1, 2026, AND
CONTINUING THROUGH DECEMBER 31, 2055
Item #17E
ORDINANCE 2025-19: AN ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 2003-35, AS AMENDED,
REPEALING AND REPLACING AMENDING ORDINANCE NO.
2022-31, 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
Item #17F
ORDINANCE 2025-20: AN ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 2003-34, REPEALING AND
REPLACING AMENDING ORDINANCE NO. 2022-32,
PROVIDING FOR THE REIMPOSITION OF THE NINTH-CENT
FUEL TAX UPON ITS TERMINATION ON DECEMBER 31, 2025,
EFFECTIVE JANUARY 1, 2026, AND CONTINUING THROUGH
DECEMBER 31, 2055
Item #17G
RESOLUTION 2025-67: A RESOLUTION AMENDING THE
COLLIER COUNTY UTILITIES STANDARDS AND
PROCEDURES ORDINANCE AND THE COLLIER COUNTY
WATER-SEWER DISTRICT UTILITIES STANDARDS MANUAL
TO PROVIDE NECESSARY UPDATES FOR THE
March 25, 2025
Page 148
INSTALLATION OF SUSTAINABLE AND SAFE UTILITIES
INFRASTRUCTURE WITHIN THE COUNTY
Item #17H
RESOLUTION 2025-68: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2024-25 ADOPTED BUDGET. (THE BUDGET
AMENDMENTS IN THE ATTACHED RESOLUTION HAVE
BEEN REVIEWED AND APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE
SUMMARIES)
*****
March 25, 2025
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:38 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
,44%,,,z€46.40-•
BURT SAUNDERS, CHAIRMAN
nA~TTK 1' /
C Y ;t I .KINZEL, CLERK
These minutes approved by the Board on / 3 ) 5
as presented IV or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
Page 149