BCC Minutes 04/08/2025 RApril 08, 2025
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 8, 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
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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April 08, 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
April 8, 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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April 08, 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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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation: Pastor Joe Negron - Grow Church South Naples ||| Pledge of
Allegiance: Glenn Brown, CAPT US Navy Veteran JAGC
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 11, 2025, BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating April 2025 as National Child Abuse Prevention
Month. To be accepted by Linda Goldfield, Chief Executive Officer, Youth
Haven.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Quarter for March 2025
to Great Wolf Lodge South Florida. The award will be accepted by Jason
Bays, General Manager. Also attending are Kristina Park and Bethany
Sawyer, representing the Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS - On general topics not on the current or future agenda.
8. BOARD OF ZONING APPEALS
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9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve an ordinance of the Board of County
Commissioners amending ordinance 89-05, as amended, the Collier County
Growth Management Plan, specifically amending the Future Land Use
element to amend the NC Square Mixed-Use Overlay to decrease the
commercial uses from 44,400 square feet to 36,500 square feet of gross floor
area, remove the 12,000 square foot daycare use and increase the maximum
residential units from 129 to 205 with affordable housing in the NC Square
Planned Mixed Use Development, and furthermore directing transmittal of
the adopted Amendment to the Florida Department of Commerce. The
subject property is 24.4± acres and is located at the southwest corner of
Immokalee Road and Catawba Street, approximately 1.6 miles west of
Wilson Boulevard in section 29, township 48 south, range 27 east, Collier
County, Florida. (PL20230017980- NC Square Mixed-Use Overlay GMPA)
(Companion to Item 9.B.)
B. This item requires ex-parte disclosure to be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 2021-18, the NC Square Mixed-
Use Planned Unit Development, to decrease the commercial uses from
44,400 square feet to 36,500 square feet of gross floor area, remove the
12,000-square-foot daycare use and increase the maximum residential units
from 129 to 205 with affordable housing. The property is located at the
southwest corner of Immokalee Road and Catawba Street, approximately 1.6
miles west of Wilson Boulevard in Section 29, Township 48 South, Range
27 East, Collier County, Florida, consisting of 24.4± acres, and provides an
effective date. (Companion to Item 9.A.)
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept a staff report on the status of seven impact fee
studies (Roads, Emergency Medical Services (EMS), Government
Buildings, Correctional Facilities, Law Enforcement, Libraries, Community
and Regional Parks) and approve the approach in finalizing these studies.
(Gino Santabarbara, Manager - Impact Fees)
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B. Recommendation to either (1) approve a Third Amendment to the
Agreement for Sale and Purchase of the Williams Reserve Property in
Immokalee, Florida or (2) authorize the County Manager or designee to
execute and transmit a Notice of Termination to cancel the sale under the
Agreement for the Sale and Purchase of the Williams Reserve Property.
(Trinity Scott, Department Head - Transportation Management Services
Department)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to appoint three members to the County Government
Productivity Committee.
13. OTHER CONSTITUTIONAL OFFICERS
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
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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Approved and/or Adopted w/changes -
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve a Resolution for final acceptance of the
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private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Greyhawk at Golf Club of the
Everglades Phase 2, Application Number PL20160000470, and
authorize the release of the maintenance security in the amount of
$333,686.03.
2) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Isles of Collier Preserve Phase 1,
Application Number PL20120001474, and authorize the release of the
maintenance security in the amount of $165,174.75.
3) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $359,960 which was posted as a
guaranty for Excavation Permit Number PL20220000760 for work
associated with Groves at Orange Blossom.
4) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $29,000 which was posted as a
guaranty for Excavation Permit Number PL20220003292 for work
associated with Bentley Village – 64 Unit Multi-Family Buildings.
5) This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve for
recording the plat of Avalon North at Ave Maria—Model Park
(Application Number PL20240009216), approval of the standard form
Construction and Maintenance Agreement, and approval of the
performance security in the amount of $2,683,025.57.
6) Recommendation to approve First Amendment to the Agreement for
Sale and Purchase for the Symphony Properties, LLC, to extend the
due diligence period to August 18, 2025, and the closing date deadline
to October 17, 2025, or within thirty days of the Purchaser's receipt of
all closing documents, whichever is later, to provide additional time
for the County to complete the environmental investigations of the
properties.
7) Recommendation to approve final acceptance of the sewer utility
facilities for The Club at Barefoot Beach, PL20240014368.
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8) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of the potable water
and sewer facilities for Esplanade by the Islands - Phase 3I,
PL20240010530.
9) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
sewer utility facilities for Tollhouse Flex-Suites, PL20250000192.
10) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of the potable water
and sewer facilities for Terreno at Valencia Golf and Country Club
Phase 2D, PL20240010448.
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) This item continued from the March 25, 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 two years, with three optional one-year renewals, and
adjust the annual rental amount in accordance with the existing 2.5%
escalation clause.
2) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 24-8313, “Design
Services for Everglades Blvd Widening from Oil Well Rd to
Vanderbilt Beach Rd Ext,” and authorize staff to begin contract
negotiations with the top-ranked firm, Jacobs Engineering Group Inc.,
so that staff can bring a proposed agreement back for the Board’s
consideration at a future meeting.
3) Recommendation to approve and authorize the Chairman to execute
an Agreement to provide partial funding in the amount of $399,772.00
to the Greater Naples Fire and Rescue District, a Special District
created by Laws of Florida, Chapter 2014-240, from revenue derived
from the GAC Trust Fund-Land Sales, to purchase a Water Tender
Truck, and to authorize the necessary Budget Amendment.
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4) Recommendation to approve a Work Order with APTIM
Environmental & Infrastructure, LLC, to provide professional
engineering services for 2026-2027 Local Government Funding
Request under Contract No. 18-7432-CZ for time and material not to
exceed $28,462, authorize the Chairman to execute the Work Order,
and make a finding that this item promotes tourism (Fund 1105,
Project No. 90065).
5) Recommendation to approve a Work Order with Humiston & Moore
Engineers to provide professional engineering services for the 2025
Vanderbilt Beach Renourishment Project and 2025 Pelican Bay Beach
Renourishment under Contract No. 18-7432-CZ for time and material
not to exceed $143,811, authorize the Chairman to execute the Work
Order, and make a finding that this item promotes tourism.
6) Recommendation to approve a Work Order with APTIM
Environmental & Infrastructure, LLC, to provide professional
engineering services for the 2025 Naples Beach Renourishment
Project under Contract No. 18-7432-CZ for a lump sum fee of
$149,010.40, authorize the Chairman to execute the Work Order, and
make a finding that this item promotes tourism (Fund 1105, Project
No. 90068).
7) Recommendation to accept the highest bid of $1,370,000 cash with no
contingencies from RCAMS ADVISERS, LLC, to Section 125.35,
Florida Statutes, for property owned by Collier County located at
16140 and 16144 Performance Way, authorize the Chairman to sign
the standard Real Estate Sale Agreement and authorize the County
Manager or designee to take all actions necessary to close on the sale.
8) Recommendation to approve an Agreement for the purchase of right
of way (Parcel 1374FEE) required for the Vanderbilt Beach Road Ext
– Phase 2 Project (Project No. 60249). Estimated Fiscal Impact:
$80,681.00.
9) Recommendation to ratify administratively approved Change Order
No. 1, adding a total of twenty-one days under Agreement No. 23-
8157 with Quality Enterprises USA, Inc., for the “Green Boulevard
Bicycle Lanes (LAP)” project, and authorizing the Chairman to sign
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the attached Change Order. (Project No. 33849)
10) Recommendation to accept certain right-of-way improvements and
ongoing maintenance responsibilities for Seychelles Avenue between
Sunset Blvd. and Santa Barbara Blvd., and to enter into a landscape
maintenance agreement with Seychelles Master Condominium
Association, Inc.
11) Recommendation to approve Amendment No. Six to Agreement No.
18-7382, Professional Services Agreement for Collier Area Transit
Fixed Route, Demand Response, and Transit Operations Management
Services, with MV Transportation, Inc., to incorporate rates and
exercise the second renewal term for a five-month period.
12) Recommendation to approve the Memorandum of Agreement for the
Bonita Estero Rail Trail (BERT) with the City of Bonita Springs and
the Village of Estero to memorialize cooperative efforts between all
parties for the acquisition of the Seminole Gulf Railway corridor and
authorize (1) the Chairman to sign the MOA; (2) Commissioner Hall
to participate in a working group; and (3) participation in pre-
acquisition costs not to exceed $100,000.
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, award a Request for Quote under Agreement No. 20-7800,
“Air Release Valves Replacement Program-Pine Ridge Road - Group
9,” to Quality Enterprises USA, Inc., in the amount of $441,830,
approve an Owner’s Allowance of $75,000, and authorize the
Chairman to sign the attached Purchase Order. (Project Number
70272)
2) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, award Invitation to Bid (“ITB”) No. 24-8264R, “Golden Gate
City Water Treatment Plant Demolition,” to REMI Companies, LLC,
in the amount of $759,250.00, approve an Owner’s Allowance of
$75,000.00, approve the necessary Budget Amendment, and authorize
the Chairman to sign the attached Agreement. (Project Number
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70263)
3) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, approve a Budget Amendment for the Water Division in the
amount of $254,000 to redistribute existing Division funds to cover
the costs associated with the increased purchase of bulk water (Fund
4008).
4) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, approve the selection committee’s ranking and authorize staff
to begin contract negotiations with the top-ranked firm, Bowman
Consulting Group, LTD, Inc., related to Request for Professional
Services No. 25-8335, “CEI Services for the Golden Gate Wastewater
Treatment Plant (WWTP) Expansion,” so that staff can bring a
proposed agreement back for the Board’s consideration at a future
meeting. (Projects #70243)
5) Recommendation that the Board of County Commissioners, ex-officio
the Governing Board of the Collier County Water-Sewer District,
approve the Budget Amendment and Purchase Order in the amount of
$399,600 to reallocate FY25 Wastewater Division budget funds for
the purchase of three vehicles for the Northeast Service Area Interim
Wastewater Treatment Plant. (Fund 4008).
6) Recommendation to approve and authorize the Chairman to sign the
Certification of Financial Responsibility, as required by the Florida
Department of Environmental Protection, for the renewal of the
operating permit for the deep injection well system at the Collier
County North Regional Water Treatment Plant.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign a
First Amendment to the Memorandum of Understanding (MOU)
between Collier County and MHP Collier LTD for the Development
of Affordable Housing to reflect the project name change. (SHIP
Grant Fund 1053)
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2) Recommendation to approve and authorize the Chairman to sign a
MOU between Collier County and Collier Health Services, Inc.,
(CHSI) d/b/a Healthcare Network of Southwest Florida, to support the
low-income pool program for health prevention and medical services
for uninsured and underinsured low-income Collier residents.
3) Recommendation to approve and authorize a Budget Amendment to
recognize interest earned in the amount of $3,626.54 for October 2024
through December 2024 on advanced library funding received from
the Florida Department of State to support library services for the use
of Collier County residents. (Public Service Match Fund 1840)
4) Recommendation to approve and authorize the Chairman to sign the
First Amendment to the agreement between Collier County and the
Florida Department of Commerce to amend the CDBG-CV contract
22CV-E19 for the construction and expansion of the Collier Senior
Center - Golden Gate facility to extend the period of performance
from March 31, 2025, to March 31, 2026. (Fund 1835, Project
#50219)
5) Recommendation to (1) adopt a Resolution authorizing approval of a
Substantial Amendment to Collier County's U.S. Department of
Housing and Urban Development (HUD) Annual Action Plans for
Program Years 2022-2023 and 2024-2025 to: (a) reallocate HOME
funds to align with project schedules and expenditures, (b) assign
HOME project delivery costs, (c) reprogram $1,000,000 of CDBG
funds to Collier County Redevelopment Agency in the Bayshore
Gateway Triangle CRA to purchase two contiguous lots to develop a
neighborhood passive park; (2) authorize the Chairman to execute the
approved Emergency Solutions Grant Rapid Unsheltered Survivor
Housing (RUSH) SF 424 Application for Federal Assistance,
Certifications and Assurances and submit to HUD to accept a special
allocation from HUD in the amount of $731,570 for the Emergency
Solutions Grant Rapid Unsheltered Survivor Housing (RUSH)
program for citizens in areas affected by Hurricane Helene or
Hurricane Milton, and (3) authorize transmittal of the substantial
amendment to HUD.
6) Recommendation to approve and authorize the Chairman to sign the
State Housing Initiatives Partnership subordination agreements and all
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necessary loan documents between Collier County and MHP FL VII,
LLLP in the amount of $1,246,600.80 to further affordable housing
initiatives through an impact fee loan for new construction of rental
housing units at the Ekos Cadenza Development. (SHIP Grant Fund
1053)
7) Recommendation to approve and authorize the Chairman to sign a
Memorandum of Understanding between Collier County and
McDowell Housing Partners Collier, Ltd., for the operation of the
Community and Human Services Senior Nutrition Program. (Human
Services Grant Fund 1837)
8) Recommendation to approve and authorize the Chairperson to sign
one subrecipient agreement #CD-CV21-09 between Collier County
and Collier Health Services, Inc., d/b/a HealthCare Network, in the
amount of $225,000 to develop a community health plan utilizing
Housing and Urban Development Community Development Block
Grant (CDBG-CV) funds. (Housing Grant Fund 1835)
9) Recommendation to approve and authorize the Chairman to sign
Community Development Block Grant Subrecipient Agreement
#CD23-03 between Collier County and Renaissance Hall Senior
Living, LLLP in the amount of $329,706.00 for preconstruction cost
associated with Phase II senior rental housing. (Housing Grants Fund
1835)
10) Recommendation to adopt by Resolution, the State Housing Initiatives
Partnership Program Local Housing Assistance Plan for Fiscal Years
2025-2026, 2026-2027, and 2027-2028, and authorize the Chairman
to sign the associated Resolution, Certification, and Interlocal
Agreement with the City of Naples, authorize staff to submit to the
Florida Housing Finance Corporation and authorize the conversion of
two (2) current time-limited grant-funded positions to regular
positions to continue support all housing programs. (SHIP Fund
1053)
11) Recommendation to approve and authorize the Chairman to sign a
State Housing Initiatives Partnership (SHIP) Sponsor Agreement for
new construction assistance with Habitat for Humanity of Collier
County, Inc. (Sponsor), and authorize the Chairman to release the
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Sponsor’s promissory note and mortgage following construction and
upon sale to an eligible homebuyer. (Grant Fund 1053)
12) Continue item 16D12 to the April 22, 2025, BCC Meeting:
Recommendation to award the Request for Proposal No. 24-8280,
Services for Seniors, to Southern Home Care Services, Inc., d/b/a All
Ways Caring Homecare; Personal Response Corporation; Eleven Ash,
Inc., d/b/a Health Force; Home Health Care Resources, Corp.; and
Always There Home Healthcare, Inc., and authorize the Chairman to
sign the attached Agreements. (Human Services Grant Fund 1837)
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to approve the administrative report prepared by the
Procurement Services Division for various County Divisions’ after-
the-fact purchases requiring Board approval in accordance with
Procurement Ordinance No. 2017-08, as amended, and the
Procurement Manual in the amount of $646.63.
2) Recommendation that the Board, pursuant to Section 274.06, Florida
Statutes, approve the sale and disposal of surplus assets via public
auction on April 25 and April 26, 2025.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to renew the annual Certificate of Public
Convenience and Necessity (COPCN) for Medtrek Medical Transport
Inc., to provide Class 2 Advanced Life Support (ALS) inter-facility
transport ambulance service for a period of one year.
2) Recommendation to authorize Budget Amendments for the Facilities
Management Division in the amount of $781,087.05 to reallocate
County Wide Capital Projects Funding from the Security Equipment
Replacement (#50299) and Fire Life Safety (#52163) Projects to the
Card Access Upgrade (Project #50318).
3) Recommendation to approve an after-the-fact payment in the amount
of $29,656.49 to Aptim Environmental & Infrastructure, LLC, for the
Caxambas Park Bulkhead, Dock and Boat Ramp Rehabilitation Phase
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2 Project under Agreement No. 18-7432-CZ, and find this expenditure
has a valid public purpose.
4) Recommendation to approve a Resolution to adopt the 2025 Local
Mitigation Strategy (LMS) as a part of the statutory update
requirements for the Comprehensive Emergency Management Plan.
5) Recommendation to award Invitation to Bid (“ITB”) No. 24-8324,
“Hurricane Ian Repairs - Vanderbilt Beach Dune Walkovers,” to
Infinite Construction, LLC., in the amount of $262,503.60, and
authorize the Chairman to sign the attached Agreement.
6) Recommendation to ratify administratively approved Change Order
No. 3 for a 120-day time extension for the “Collier County Jail Fire
Alarm Replacement” project under Agreement No. 22-8018 with
National Security Fire Alarm Systems, LLC. (Project No. 50237)
7) 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
Executive Summaries.)
8) Recommendation to adopt the 2025 Strategic Plan with the inclusion
of minor changes based upon direction received at the Strategic Plan
Workshop on March 4, 2025.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation that the Board extend the East of 951 Ad Hoc
Advisory Committee from August 15, 2025, to April 8, 2026.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
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1) 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
$34,867,533.03 were drawn for the periods between March 13, 2025,
and March 26, 2025, pursuant to Florida Statute 136.06.
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of April 2,
2025.
3) Recommendation to approve the use of $10,000 from the Confiscated
Trust Funds to support the Florida FBI National Academy Associates,
Inc (FBINAA).
K. COUNTY ATTORNEY
1) Recommendation to appoint three members to the Haldeman Creek
Dredging Maintenance Advisory Committee.
2) Recommendation to appoint William Reagan as a member to the
Housing Finance Authority.
3) Recommendation to approve a Stipulated Order of Taking and Final
Judgment in the amount of $87,000 plus $5,280 in statutory attorney
fees for the taking of Parcel 1356FEE required for the Vanderbilt
Beach Road Extension Project No. 60249.
4) Recommendation to approve a Stipulated Order of Taking and Final
Judgment in the amount of $40,000 plus $12,421.44 in statutory
attorney and expert fees and costs for the taking of Parcel 1310FEE
required for the Vanderbilt Beach Road Extension Project No. 60249.
5) Recommendation to approve a Stipulated Order of Taking and Final
Judgment in the amount of $62,850 plus $11,912.28 in statutory
attorney and expert fees and costs for the taking of Parcel 1370FEE
required for the Vanderbilt Beach Road Extension Project No. 60249.
6) Recommendation to authorize expenses in the amount of $297,000 for
Mediation and Arbitration Services relating to the Vanderbilt Beach
Road Extension Project No. 60249, now pending in the Twentieth
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Judicial Circuit Court for Collier County, Florida for two mediators,
including Larry Gendzier, Esq. and Tony Rodriguez, Esq., and to
authorize the County Attorney’s Office and the Transportation
Management Services Department to work with additional mediators
as necessary.
L. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board, award Invitation to
Bid (“ITB”) No-24-8233, Immokalee Sidewalk Phase III Project, to
Marquee Development, Inc. in the amount of $1,101,179.50, approve
an Owner’s Allowance of $85,000, and authorize the Chairman to sign
the attached Agreement.
2) Recommendation that the Board of County Commissioners authorize
a Budget Amendment of $34,859 to reallocate funds within
Halderman Creek MSTU Fund (1631) in support of a Bathymetric
Survey.
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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.
------------------------------------------------------------------------------------------------------------
Approved and/or Adopted w/changes –
A. Recommendation to approve an Agreement Authorizing Affordable Housing
Density Bonus and Imposing Covenants and Restrictions on Real Property
for the 10.01-acre property known as Casa San Juan Diego, located at 133
Hancock Street, Immokalee, in Section 4, Township 47 South, Range 29
East, Collier County, Florida.
Page 17
April 08, 2025
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
April 08, 2025
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN SAUNDERS: Thank you. Good morning.
Welcome to our County Commission meeting.
Let's start off with the invocation. We have Pastor Joe Negron,
Grow Church South Naples. Thank you for getting us started on the
right path.
Item #1A
INVOCATION: PASTOR JOE NEGRON - GROW CHURCH
SOUTH NAPLES, THE PLEDGE OF ALLEGIANCE: GLENN
BROWN, CAPT US NAVY VETERAN JAGC - INVOCATION
GIVEN
PASTOR NEGRON: Good morning, commissioners.
Good morning, everyone.
First of all, thank you for all you're doing for our city. You can
really feel and see the difference.
Let us pray.
Lord, you are sovereign, the supreme ruler. We come before
you just thanking you, grateful because of all you do. We know that
we can find all good things in you and that you provide for all our
needs according to the riches of your glory in Christ Jesus.
Like King Solomon, we just ask that you would give us wisdom
to guide your people. We ask that you will grant us blessings and
favor so that we could do your will.
Your word says that we should seek first the kingdom of God in
your righteousness, and all these things will be added to us.
So today we ask that you would guide us to truth, that you
would guide us to life, that you would guide us to your way. Lord,
we ask that even in this Easter time, Lord, that you would just reveal
April 08, 2025
Page 3
your love all around our city, bring in peace and unity in the hearts of
our people.
We pray all these things in Jesus' name. Amen.
MR. BROWN: Please join me in the Pledge. Veterans may
render a hand salute.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN SAUNDERS: Leading us in the Pledge this
morning is Captain Glenn Brown, U.S. Navy, and you're invited to
say a few words.
MR. BROWN: Thank you very much. I appreciate that,
Commissioner Saunders, Chairman Saunders.
Briefly, I am proud to say that I had the privilege of serving our
country for three years on active duty in the United States Navy and
for an additional 21 years in the active Reserves, active U.S. Navy
Reserves.
I had it easy. I was a JAG officer, which stands for Judge
Advocate General's Corps, which is a lawyer. So compared to so
many of my fellow veterans, I had very easy going.
But I want to say that I feel blessed to live in a state and, in
particular, a county that is home to so many veterans who love this
country, who took an oath to protect and defend it, who wore a
military uniform and were prepared to give the ultimate sacrifice if
called upon to do so.
And I count my blessings in that regard, and I'm really pleased
to say that we have two such veterans who serve on our County
Commission, as you may know. Rick LoCastro and Dan Kowal, they
wore the uniform for many years, and they put it all out there.
And we're also blessed to have an entire commission of patriots
who appreciate the veterans in this community and who not only talk
about it, but they act upon it, and they have been working very hard,
and their efforts are ongoing to bring a world-class, one-of-its-kind
April 08, 2025
Page 4
veterans facility right here to Collier County. And I salute all of you
for your efforts in that regard.
And I salute you concerned citizens who take time out of your
day to be here and to watch your government in action. Thank you,
all.
CHAIRMAN SAUNDERS: Captain Brown, thank you, and
thank you for your service.
(Applause.)
CHAIRMAN SAUNDERS: Ms. Patterson.
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
KOWAL; SECONDED BY COMMISSIONER HALL - APPROVED
MS. PATTERSON: Commissioners, agenda changes for April
8th, 2025.
First, we have continue Item 16D12 to the April 22nd, 2025,
BCC meeting. This is a recommendation to award the Request for
Proposal No. 24-8280, services for senior, to Southern Home Care
Services, Inc., doing business as All Ways Caring Homecare;
Personal Response Corporation; Eleven Ash, Inc., doing business as
Health Force; Home Health Care Resources Corp; and Always There
Home Healthcare, Inc., and authorize the Chairman to sign staff's
agreement. This item is being moved at staff's request.
We do have reminders of a court reporter break at 10:30 and
again at 2:50, if necessary.
And with that, that is all the changes that we have.
April 08, 2025
Page 5
County Attorney.
MR. KLATZKOW: No changes. Thank you, County Manager.
MS. PATTERSON: Commissioners, any changes or ex parte on
the consent or summary agenda?
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: I have no changes, and I have no
disclosures for -- ex parte for this item.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Same same; no change, no ex parte.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Good morning,
Mr. Chair. I have no changes, but I do have a couple of comments on
the consent agenda, if I may. Just on --
CHAIRMAN SAUNDERS: Sure.
COMMISSIONER McDANIEL: -- two items. I don't really
want to pull them. I just -- in further review of F8, which is the
description of our strategic plan and our priorities and so on, I noticed
that the redo for the Immokalee courthouse, I didn't see that in the
list, so -- and you and I met earlier yesterday, and so I had a chance to
look.
And then on 16E2, I'd like some consideration given to -- that's
the public auction for assets that are owned by the county. There's
been decisions made that we move these auctions to Lee County, and
I'd like a little backfill on why we're doing that, what we have seen in
regard to the benefits associated with that.
I understand the rationale there's more people, the auctioneer's
there, so on and so forth. But it also -- it also moves our assets out of
the county and so on, so...
Other than that, no ex parte and no other changes, sir. Good
morning.
CHAIRMAN SAUNDERS: Ms. Patterson, do you want to
April 08, 2025
Page 6
comment on the issue dealing with the auction?
COMMISSIONER McDANIEL: It's not requisite right now,
sir --
CHAIRMAN SAUNDERS: Oh.
COMMISSIONER McDANIEL: -- unless you wish. I mean, I
don't need -- I'm not pulling these items. I just -- these are things that
came at me after we got to speak yesterday.
MS. PATTERSON: Yes, sir. We'll get you information on both
of those. I'll locate where we -- we may have combined that
courthouse project along with some others, because we had been
squeezing those, and we'll get you information on the auction.
CHAIRMAN SAUNDERS: Thank you.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have no changes and no ex
parte.
CHAIRMAN SAUNDERS: All right. And I have no changes
as well and no ex parte.
MS. PATTERSON: All right. If we could get a motion to
approve today's regular, consent, and summary judgment as
amended.
COMMISSIONER KOWAL: So moved.
COMMISSIONER HALL: Second.
CHAIRMAN SAUNDERS: All right. 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.)
April 08, 2025
Page 7
CHAIRMAN SAUNDERS: That passes unanimously.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
April 8, 2025
Continue item 16D12 to the April 22, 2025, BCC Meeting: Recommendation to award the Request for
Proposal No. 24-8280, Services for Seniors, to Southern Home Care Services, Inc., d/b/a All Ways Caring
Homecare; Personal Response Corporation; Eleven Ash, Inc., d/b/a Health Force; Home Health Care
Resources, Corp.; and Always There Home Healthcare, Inc., and authorize the Chairman to sign the
attached Agreements. (Human Services Grant Fund 1837) (Staff’s Requests)
Notes:
TIME CERTAIN ITEMS:
4/4/2025 7:57 PM
April 08, 2025
Page 8
Item #2B
FEBRUARY 11, 2025, BCC MEETING MINUTES - MOTION TO
APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Item 2A is approval of the February 11th,
2025, BCC minutes.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN SAUNDERS: We have a motion and a second to
approve the minutes. 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 #4A
PROCLAMATION DESIGNATING APRIL 2025 AS NATIONAL
CHILD ABUSE PREVENTION MONTH. ACCEPTED BY LINDA
GOLDFIELD, CHIEF EXECUTIVE OFFICER, YOUTH HAVEN -
MOTION TO APPROVE BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: That brings us to Item 4A, proclamations.
Item 4A is a proclamation designating April 2025 as National
April 08, 2025
Page 9
Child Abuse Prevention Month, to be accepted by Linda Goldfield,
chief executive officer, Youth Haven. Thank you.
(Applause.)
MS. GOLDFIELD: Thank you, Commissioners, for bringing
awareness to child abuse. This is National Child Awareness Month.
Youth Haven, founded in 1972, is the only shelter in our community
for children who've been removed from their homes by the
Department of Children and Families Services for abuse and neglect,
and oftentimes homelessness.
As a community, it's our responsibility to make sure that our
children in the community are safe, are able to heal from the trauma
that brought them into our care, because they are the future of our
community. If we aren't helping them as children, we'll be helping
them as adults.
So thank you so much for bringing the awareness.
Thank you so much.
CHAIRMAN SAUNDERS: Thank you for all that you do as
well.
MS. GOLDFIELD: Thank you.
(Applause.)
MS. PATTERSON: Commissioners, if we could get a motion to
accept the proclamation.
COMMISSIONER HALL: So moved.
COMMISSIONER KOWAL: 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.
April 08, 2025
Page 10
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE QUARTER FOR MARCH 2025 TO GREAT WOLF LODGE
SOUTH FLORIDA. THE AWARD ACCEPTED BY JASON BAYS,
GENERAL MANAGER. ALSO ATTENDING ARE KRISTINA
PARK AND BETHANY SAWYER, REPRESENTING THE
GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED
MS. PATTERSON: Item 5A is a presentation of the Collier
County Business of the Quarter for March 2025 to Great Wolf Lodge,
South Florida. The award will be accepted by Jason Bays, general
manager. Also attending are Kristina Park and Bethany Sawyer,
representing the Greater Naples Chamber of Commerce. We also
have Alexandra Castro, director of sales and catering from Great
Wolf Lodge.
Congratulations.
MR. BAYS: Well, thank you, everyone. I'm sorry we didn't
bring the wolf. Next time. I'll take a -- I'll take a note for next time.
I just want to say thank you. Obviously, a project like Great
Wolf wouldn't have come together without all of the support from
many individuals in this room. So a genuine thank you for that.
Since we have opened, Great Wolf has welcomed 200,000
guests into our facility already and -- who have visited us. We've
created 725 jobs at our property; 350 of those are year-round.
And I can tell you that it's our -- we call them pack members.
Our employees are pack members that really make Great Wolf
April 08, 2025
Page 11
special. And this is not -- this award isn't for myself or for Alex. It's
each one of them.
We're going to have a very busy summer coming up, a lot of
people coming to visit Great Wolf for the first time, and we're really
proud to be able to offer those year-round employment opportunities.
Our pack engagement scores are surveyed across all of our 22
lodges. We had the highest pack engagement score of all lodges in
our brand in our first pack member survey in January, and we have
the highest guest satisfaction score out of 22 lodges in our -- in our
network as well right here in South Florida. So we're immensely
proud of the progress that we've made, and we're excited to bring
more joy to families.
The last thing I would just share is we've been very grateful to
be in the community working in partnership with organizations like
the Guadalupe Center. We've partnered with Golden Gate High
School. We've partnered with the local Make a Wish Foundation to
bring -- to bring families and kids to Great Wolf who otherwise may
not have the opportunity to experience it. And you can count on us to
continue to involve ourselves in the community and make a
difference any way that we can.
So thank you very much, and I hope everyone has a great day.
CHAIRMAN SAUNDERS: Mr. Bays, let me ask you a quick
question.
MR. BAYS: Please.
CHAIRMAN SAUNDERS: One of the benefits of having you
in this facility in the community is the ability for our local residents
to enjoy the park there under certain circumstances. I wonder if you
could just spend just a minute so that the public will have a good
understanding of how to access the Great Wolf Lodge.
MR. BAYS: Yeah, it would be my pleasure.
So we offer a day pass for all guests every single day. So
April 08, 2025
Page 12
anyone local to Collier County can purchase a day pass online to visit
our park and spend the day at our facility.
Secondarily, our restaurants and our attractions are all open to
the public. So we have a big ropes course, a mini golf course, a 24/7
arcade, a MagiQuest adventure game that takes kids about four hours
to complete. It takes adults about eight hours, and it takes the general
manager of Great Wolf about 10 hours to complete the MagiQuest
game.
But all of that -- any member of the community can come in and
enjoy. And in fact, I would also share, in addition to those day-pass
opportunities and just coming in for the day to spend time with their
family, I would mention that we have -- we've had a significant
number of Collier County residents book hotel rooms, stay overnight,
and get the full experience.
With our kids' entertainment programming, we do 14 free kids
entertainment activities a day. We do a big dance party, a big light
show, a Legend of Luna story with our character. All of those things
you get with the overnight experience. And we have some
really -- some great discounted rates out there as well to take
advantage of an overnight stay.
So those are the opportunities for our local residents. We're
very -- we want our local residents to come out and enjoy everything
that we have to offer. I can speak for my 18-month-old son; he loves
it, both the water park and the dry play attractions. And I know a lot
of other kids do too in the local area here.
CHAIRMAN SAUNDERS: And I bet he has no difficulty
getting a ticket.
MR. BAYS: That's right. He's got a pretty good connection.
COMMISSIONER McDANIEL: Yes. Good morning, Jason.
MR. BAYS: Good morning.
COMMISSIONER McDANIEL: I wanted to personally thank
April 08, 2025
Page 13
you. One of -- Jason didn't mention it, but they also partnered with
the Immokalee Rotary last week and offered an auction item up so
that we could help raise money for our Immokalee Rotary.
Could you answer two questions for me, please. And that is,
number one, do you have an idea of what your -- you shared that it
was 200,000 people. What's your occupancy rate?
MR. BAYS: Yeah. So we're just coming off of March where
we ran -- we ran over -- north of 90 percent occupancy. And then, as
we all know in the summer months, being able to attract tourists to
this area is something that's very important for economic vitality, and
we're -- we will -- I can stand confidently here and tell you that we'll
be well over 85 percent occupancy June, July, and August at our
facility.
COMMISSIONER McDANIEL: That's outstanding. I couldn't
be happier.
And I think, Commissioner Saunders, you were kind of alluding
to, is the agreement still with Collier County for shelter in the event
that the park experiences bad weather and lightning's cracking, the
facility can be availed to the people in the park? Is that
still -- agreement still floating?
MR. BAYS: To the people in the park?
COMMISSIONER McDANIEL: Paradise Coast Park.
MR. BAYS: Oh, Paradise Sports Complex. Yes. So our
building's open and readily -- ready and available, yes.
COMMISSIONER McDANIEL: Okay.
MR. BAYS: Absolutely.
COMMISSIONER McDANIEL: Because I remember that that
was some of the discussion with leadership when you folks were first
coming on, and we thought that 80-, 90,000-square-foot swimming
pool area would be a nice place to stack people.
And then my last question is more ancillary than anything. But
April 08, 2025
Page 14
do I recall that you feed your pack members, your work -- your
employees? Is there a restaurant facility there that's part of the
operation?
MR. BAYS: Yes. So separate from our restaurants for the
guests, we feed each one of our pack members lunch and dinner for
free at our cost every day on a rotating menu.
COMMISSIONER McDANIEL: Outstanding. Thank you very
much.
MR. BAYS: Absolutely. Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. KLATZKOW: We should do that.
CHAIRMAN SAUNDERS: We can do that. I certainly
couldn't guarantee the quality, but we'll give it a try.
COMMISSIONER McDANIEL: Free pizza for everyone.
COMMISSIONER LoCASTRO: I had wanted to --
CHAIRMAN SAUNDERS: Commissioner LoCastro, I'm sorry.
COMMISSIONER LoCASTRO: Jason, the one thing I just
wanted to add is when we talked to the senior leadership of FC
Naples, they've said what a great partner that you've also been, you
know, being a great next-door neighbor and combining and things,
and you've had guests that have come over, you know, just happen to
be staying when a game was playing.
So the only negative thing I will tell you is, so I was standing in
front of one of those trees with my wand. Okay, the tree was broken,
because I know I was in front of the right tree. I know it. So I might
be 11 hours to go through Quest. I might break your record. But FC
Naples is very complimentary of the partnership, so that's good to
hear.
MR. BAYS: That's fantastic.
COMMISSIONER LoCASTRO: Thank you, sir.
MR. BAYS: No, thank you. We've been -- both Paradise Sports
April 08, 2025
Page 15
Complex -- leadership at Paradise Sports Complex and at FC Naples
have been incredibly collaborative. There's a lot of synergy there.
We've hosted over 10,000 room nights just from the sports complex
alone, and we've gotten involved in many aspects of the community.
FC Naples is one of them, and we're proud to do it.
CHAIRMAN SAUNDERS: Thank you.
MR. BAYS: Thank you.
(Applause.)
MR. BAYS: Thank you.
MS. PATTERSON: If I could turn your attention to the back of
the room for the Artist of the Month, this month we're proud to honor
the talented winners of the 2026 Keep Collier Beautiful Art Contest
as our April Artists of the Month.
Keep Collier Beautiful has worked diligently to organize this
contest with invaluable support from Collier County Solid Waste
Division. Each year students from first grade to 12th grade are
invited to submit original artwork that highlights the importance of
recycling, proper disposal, and their passion for protecting the
environment.
Many of these young artists also participate in Keep Collier
Beautiful's annual community cleanups, including the Great
American Cleanup that was March 22nd. And the International
Coastal Cleanup on September 20th.
CHAIRMAN SAUNDERS: Thank you.
Item #7
PUBLIC COMMENTS - ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: With that, we are at public comments on
April 08, 2025
Page 16
general topics not on the current or future agenda.
Troy.
MR. MILLER: We have four registered speakers, three here in
the room and one on Zoom. Your first speaker is Marsha Oenick,
and she'll be followed by Susan Zehnder.
CHAIRMAN SAUNDERS: Okay. And just for your timing,
we permit three-minute presentations, and you'll get a 30-second
warning when the yellow light goes off.
MS. OENICK: Hi. My name is Marsha Oenick. I live in
Naples Park, and I'm a Vanderbilt Beach Library patron, which is
what I want to speak about.
We have a petition campaign underway. You've heard about it
in the media. There are three reasons we're doing this. First,
Commissioner Hall confirmed to me that Pelican Bay Foundation and
the Sheriff's Office have also -- have both indicated interest in the
property.
Second, the 2026 budget process is underway. You are making
the county government lean and effective. That is great.
Commissioner Hall indicated to me the strategic initiative process
may or may not include Vanderbilt library as something the
commissioners would consider at their June budget workshops, and
any closures would require public input.
Third, the library has previously been considered for closure
with the expectation that Headquarters library is a suitable
alternative.
So we decided to get the public's voice now with the
possibilities that we can avert consideration of the -- of eliminating
this library as part of the budget process.
What have we learned since we started this campaign? Three
basic things: First there is huge public support for the library. In 10
days at the library and 15 days total, we received nearly 20 -- excuse
April 08, 2025
Page 17
me -- 1200 hard-copy signatures and 1500 online campaign
signatures. What are they telling us? Two really big things. Traffic
is a huge concern. Over 15,000 residences in North Naples and Park
Shore area west of U.S. 41 can use just residential streets to get to the
library.
Going to Headquarters means interacting with a lot of congested
traffic. It's also easy to get in and out of the library at Vanderbilt
Beach Library if you have mobility challenges.
Headquarters is a beautiful campus, but it requires a lot more
steps to get into the building and to get to services. It's very
important to know that many of these taxpayer patrons tell us that
closing this library means they won't be going to a library in Collier
County. Their vital service will be eliminated.
And regarding the money, the 2025 budget for this library
reduced personnel from 4.5 FTEs to 2.5 now and includes only
$66,000 for non-personnel expenses for utilities, for taxes which go
to the Pelican Bay improvement projects, some maintenance, a few
supplies. The waste that was cut by changing from custom to
standard mulch, $133,000 a year, will actually pay for two years of
non-personnel expenses. The bottom line, pretty small amount of
money compared with the value it provides taxpaying patrons that
rely on this library to provide them a vital service.
Our ask, give direction to the library staff, library advisory
board, and strategic initiatives to keep this library in the system.
Thank you very much.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Susan Zehnder, and she'll
be followed by Nicole Rolando.
MS. ZEHNDER: Good morning. My name is Susan Zehnder.
I would like to speak with you about the Vanderbilt Beach library, a
vital resource that we cannot afford to lose.
April 08, 2025
Page 18
You may ask why we are concerned that the library may be
closed when there has been no announcement of a closure. Our
concerns are based on impacts, not rumors.
First, there was an email from the Pelican Bay Property Owners
Association dated March 7th, 2025, which said that the Pelican Bay
Foundation Board had formed the -- had approved the formation of a
library property committee to be headed by the foundation president,
vice president, and chairman. This email also notes that the library
property committee will, quote, "Meet with the County Manager
regarding the library property which may be slated for closure," end
quote.
Next, in the April 2025 edition of the Pelican Bay Post, there
was a mention of a possible private-public partnership at the library.
Quote, "We are investigating leased office space in our PUD
incorporating administrative offices into the community center
renovation or other creative solutions such as a private-public
partnership at the library," end quote.
Commissioner Hall confirmed that the Pelican Bay Foundation
and the Sheriff's Office have both expressed interest in the library
property. It would be interesting to know why both the Pelican Bay
Foundation and the Sheriff's Office believe that the library property
may be slated for closure.
Before any discussion about closing our library takes place, it is
important to ask if closing a vital community service such as the
Vanderbilt Beach Library is justified in order to save only $66,000.
The Vanderbilt Beach Library is a vital service for families with
children and seniors because it is located in our community. It
functions as both a library and as a community center. It hosts a very
popular book discussion group that brings the community together.
Most importantly, we can walk, ride our bikes, or drive on residential
roads to get there.
April 08, 2025
Page 19
In only two weeks, over 2600 people have signed the petition to
save the Vanderbilt Beach Library. A dedicated group of volunteers,
mostly seniors, stood in the heat outside the library to collect the
signatures because the library is important to them. For only $66,000
per year, this library is an absolute bargain.
Please keep this vital resource open for our community. Thank
you.
MR. MILLER: Your next speaker is Nicole Rolando. She'll be
followed on Zoom by Deborah Giso.
CHAIRMAN SAUNDERS: Good morning.
MS. ROLANDO: Good morning. My name is Nicole Rolando.
I thank you for the opportunity to speak to you.
I represent the hundreds of voices in opposition to a possible
closing of the Vanderbilt library. This library has been active since
1981 and has fulfilled more than what a normal library does.
Over the years, it became a meeting center for a growing
community. Not content to just being a book-lending facility, it has
offered a myriad of other services as needs and technology evolved.
For an aging population of retirees whose families most often
are far away, the library is a regularly scheduled visit providing a
welcoming environment in proximity to their home. This explains
why so many eagerly signed the Save the Vanderbilt Beach Library
petition and alerted their friends to do the same. The tax revenue in
the large area the library is servicing can amply provide for this
facility.
May I refer to the strategic focus objectives that were adopted?
First, quality of place and enhance the character of our community.
Second, provide quality public amenities and recreational
opportunities.
So much is said about the importance of continued active
participation for the aging. This center is extremely meaningful for
April 08, 2025
Page 20
many. Not everyone makes use of the parks and outdoor facilities the
county provides, especially in a warm climate like ours. It behooves
this board to also consider providing air-conditioned facilities.
Vanderbilt is an ideal choice to meet your objectives. In so doing,
you are providing for all segments of the population and fulfilling
your objectives.
In closing, all the petitioners are urging you to keep this library
open. Thank you.
MR. MILLER: Your final public speaker for Item 7 joins us on
Zoom, Deborah Giso.
Deborah, you're being prompted to unmute yourself, if you'll do
that. I see that you have. Deborah, you have three minutes.
MS. GISO: Good morning. Rather than take the full three
minutes to repeat anything that was said by the previous three
speakers regarding the Vanderbilt library, I would like to add that I
have heard the comment that providing a book drop will suffice.
There is no one who believes that a book drop in any way, shape, or
form is the same as a public library.
I know many people today read books on their devices
using -- paying for those books and are unaware that the library is
able to help you access books through Libby, the vast -- the large
number of new books that are available at the Vanderbilt library.
And asking patrons to cross over 41 to use congested roads to
get over to Orange Blossom or to travel down 41 to the library on
Central Ave is not at all a responsible action.
So please consider keeping this vital resource open for the
community.
Thank you.
CHAIRMAN SAUNDERS: Thank you. All right.
We'll move on to Item No. 9.
April 08, 2025
Page 21
Item #9A – Continued to the May 13th BCC Meeting
RECOMMENDATION TO APPROVE AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS AMENDING
ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING
THE FUTURE LAND USE ELEMENT TO AMEND THE NC
SQUARE MIXED-USE OVERLAY TO DECREASE THE
COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500
SQUARE FEET OF GROSS FLOOR AREA, REMOVE THE 12,000
SQUARE FOOT DAYCARE USE AND INCREASE THE
MAXIMUM RESIDENTIAL UNITS FROM 129 TO 205 WITH
AFFORDABLE HOUSING IN THE NC SQUARE PLANNED
MIXED USE DEVELOPMENT, AND FURTHERMORE
DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT
TO THE FLORIDA DEPARTMENT OF COMMERCE. THE
SUBJECT PROPERTY IS 24.4± ACRES AND IS LOCATED AT
THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND
CATAWBA STREET, APPROXIMATELY 1.6 MILES WEST OF
WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
(PL20230017980- NC SQUARE MIXED-USE OVERLAY GMPA)
(COMPANION TO ITEM 9.B.) - MOTION TO CONTINUE ITEM
TO THE MAY 13, 2025, BCC MEETING BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO
Item #9B – Continued to the May 13 th BCC Meeting
RECOMMENDATION TO APPROVE AN ORDINANCE
AMENDING ORDINANCE NUMBER 2021-18, THE NC
SQUARE MIXED-USE PLANNED UNIT DEVELOPMENT, TO
April 08, 2025
Page 22
DECREASE THE COMMERCIAL USES FROM 44,400 SQUARE
FEET TO 36,500 SQUARE FEET OF GROSS FLOOR AREA,
REMOVE THE 12,000-SQUARE-FOOT DAYCARE USE AND
INCREASE THE MAXIMUM RESIDENTIAL UNITS FROM 129
TO 205 WITH AFFORDABLE HOUSING. THE PROPERTY IS
LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE
ROAD AND CATAWBA STREET, APPROXIMATELY 1.6 MILES
WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP
48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 24.4± ACRES, AND PROVIDES AN
EFFECTIVE DATE. (COMPANION TO ITEM 9.A.) - MOTION TO
CONTINUE ITEM TO THE MAY 13, 2025, BCC MEETING BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO
MS. PATTERSON: Yes, sir.
Commissioner, that brings to Item 9, advertised public hearings.
Items 9A and 9B are companion items. I'll read them both into the
record.
Item 9A is a recommendation to approve an ordinance of the
Board of County Commissioners amending Ordinance 89-05, as
amended, the Collier County Growth Management Plan, specifically
amending the Future Land Use Element to amend the NC Square
Mixed-Use Overlay to decrease the commercial uses from 44,400
square feet to 36,500 square feet of gross floor area, remove the
12,000-square-foot daycare use, and increase the maximum
residential units from 129 to 205 with affordable housing in the
NC Square Planned Mixed-Unit Development, and furthermore,
directing transmittal of the adopted amendment to the Florida
Department of Commerce.
The subject property is 24.4 plus/minus acres and is located at
April 08, 2025
Page 23
the southwest corner of Immokalee Road and Catawba Street,
approximately 1.6 miles west of Wilson Boulevard in Section 29,
Township 48 South, Range 27 East, Collier County, Florida.
Its companion, Item 9B, is a recommendation to approve an
ordinance amending Ordinance No. 2021-18, the NC Square
Mixed-Use Planned Unit Development, to decrease the commercial
uses from 44,400 square feet to 36,500 square feet of gross floor area,
remove the 12,000-square-foot daycare uses, and increase the
maximum residential units from 129 to 205 with affordable housing.
The property is located at the southwest corner of Immokalee
Road and Catawba Street, approximately 1.6 miles west of Wilson
Boulevard in Section 29, Township 48 South, Range 27 East, Collier
County, Florida, consisting of 24.4 plus/minus acres, and provides an
effective date.
This item will require your ex parte disclosure and swearing in
by the court reporter. So let's start with your disclosures.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: Yes, sir. 9B, I do have meetings
and emails.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: I have meetings on 9B. Thanks.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Meetings and emails, sir.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Meetings and emails.
CHAIRMAN SAUNDERS: All right. And I have the same;
meetings and emails.
MS. PATTERSON: Thank you.
Now, all participants please stand, those -- including public
speakers, please stand and be sworn in by the court reporter.
THE COURT REPORTER: Do you swear or affirm the
April 08, 2025
Page 24
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.)
MS. PATTERSON: All right. We will begin with the applicant,
Mr. Yovanovich.
MR. YOVANOVICH: Thank you. Good morning. For the
record, Rich Yovanovich on behalf of the applicant.
The applicant is HH -- I'm sorry -- HAA Capital, LLC, and the
consultant team is myself; Jessica Harrelson is our professional
planner; Norm Trebilcock is our transportation consultant; Alvaro
Yusty and Brandon Frey are our civil engineers; and Bethany
Brosious is our environmental consultant on this project.
This project is an amendment to an existing subdistrict in your
Growth Management Plan and an existing approved mixed PUD
that -- both of these were approved in April of 2021.
The original plan of development for the project was for a
for-sale affordable housing project together with commercial, retail,
and office, and a 12,000-square-foot daycare. This project kind was
the first of its kind in the Rural Fringe Mixed-Use District because at
that time the Rural Fringe Mixed-Use District did not allow for
affordable housing density bonuses and did not allow for commercial
development along Immokalee Road as part of the Rural Fringe
Mixed-Use District.
In 2023, the county amended its Growth Management Plan to
allow for both an affordable housing density bonus as well as for C-1
through C-3 commercial development in a mixed project.
So unfortunately, this project went first before the Growth
Management Plan was adopted. Market conditions changed
significantly with regard to the cost to construct residential units, and
it turns out, with the escalation in cost to construct what were going
to be for-sale units and the limitation on what they could be sold for,
April 08, 2025
Page 25
it would cost more to build the unit than what they could sell them
for. So the for-sale project has not moved forward.
Instead, we're requesting to modify the subdistrict and modify
the PUD to be consistent with basically today's Growth Management
Plan to allow for a rental affordable housing project. It would be a
market-rate project that would include -- basically 30 percent of the
units would be income restricted. The request is for 205 rental units,
which is an increase in the overall number of residential units by 76
units; however, we're also reducing the commercial square footage
from 44,400 square feet to 36,500 square feet.
We are eliminating the daycare, so there will no longer be that
12,000-square-foot daycare. And we are requesting that increase to
205 maximum units, which is 8.4 units per acre. Under today's
Growth Management Plan, we could request up to 12.2 units per acre.
I know there's been discussion for it seems like a few years now
regarding traffic on Immokalee Road. This is an existing project.
The existing project would allow -- or has a trip cap for the p.m. peak
hour of 467 p.m. peak-hour trips.
What we're proposing, with the reduction in the commercial and
the elimination of the daycare, the trip cap would be reduced to the
p.m. peak-hour trip of 267. So there is a significant reduction in the
overall traffic impacts should this amendment be approved.
The requested density, as you can see, is based upon the
allowable density in the Rural Fringe Mixed-Use District at .2 units
per acre.
The table to your right is the table that's making its way through
the review process for an LDC amendment because the LDC is being
amended to reconsider the density bonuses associated with
income-restricted housing.
Based on what we're proposing, a 15 percent AMI at the
80 percent threshold and 15 percent at the 100 percent and below
April 08, 2025
Page 26
AMI threshold, you can see highlighted in yellow, we split the
difference between seven and eight. So it would be 7.5 units per acre
and -- for the 80 percent and below, and it would be three and a half
units per acre for those units that are 100 percent and below
threshold.
So under that calculation our maximum density that we could
request would be 11.2 units per acre; however, we're only asking for
8.4 units per acre under the affordable housing density bonus matrix
that you should be considering soon. I think it's already gone to the
Planning Commission.
From a location standpoint, you have, to our west, Valencia
Trails. Valencia Trails is an over-55 community. They attended both
the neighborhood information meeting and the Planning Commission
meeting, and Jessica will take you through the modifications we
made between the neighborhood information meeting and what is
now in your packet. And before the Planning Commission, there
were revisions made based upon comments that we had.
A couple of things I want to point out with regard to comments
that were made with regard to traffic related to this proposal is, as I
already mentioned, we're reducing the peak-hour trips permitted by
200 peak-hour trips.
Also, Valencia Trails has -- my understanding, and subject to
being corrected, is there's an existing traffic signal at the entrance of
Valencia Trails. So movements to the west can safely be made at a
controlled access point if you want to head back into town, and if you
don't want to use Immokalee Road because it's a congested road,
Valencia Trails also has an access point to Vanderbilt Beach Road
that, once it's completed, they could connect to and also go west into
town or east if they want to go east.
So Valencia Trails, their concern about traffic is understandable,
but the reality is there is both a traffic signal on Immokalee Road and
April 08, 2025
Page 27
an access point on future Vanderbilt Beach Road to address traffic
concerns related to that.
The existing zoning, as I pointed out -- whoops -- wrong
button -- is a mixed-use PUD I went through the details of what's
allowed. I just wanted to point out -- and Jessica will take you
through several of the details related to the commercial. We're not
asking for any changes in the use of the commercial from what was
already approved as part of the existing PUD. We're reducing the
square footage, but we're not asking for any new commercial uses
with regard to what we're proposing.
And then finally for me, as an overview, this is the existing
Future Land Use Map. We are within our own subdistrict. That
subdistrict is within the Rural Fringe Mixed-Use District. And
as -- I've already explained why -- why the project has its own
subdistrict and why we need to make changes to both the subdistrict
and the existing zoning.
With that, I'll turn it over to Jessica to take you through the
details of the master plan, how we attempted to address concerns
raised by our neighbors through this process and, candidly, your staff.
Your staff -- initially we asked for 249 dwelling units. Staff said they
thought that that was not consistent with recent approvals in this
corridor and recommended that we go lower, and we agreed with
staff's recommendation and went down to the 205 dwelling units.
And with that, unless you have questions of me about the
overview, I'll turn it over to Jessica to take you through the details of
the master plan.
MS. HARRELSON: Good morning. For the record, Jessica
Harrelson. I'm a certified planner with Peninsula Engineering, and
I'm going to walk you through all of the detailed changes.
So what you see here is a depiction of the PUD master plan.
There's only been a few minor updates to what is currently approved.
April 08, 2025
Page 28
I'll get the pointer here.
We have increased the width of the western perimeter landscape
buffer from 15 feet to 30 feet. This is directly adjacent to the
Valencia Trails community. We've relocated the stormwater outfall
location to be consistent with the ERP permit, and we've also added a
tract line that delineates the residential and commercial uses.
The uses -- the areas of these uses have not changed from what
is currently approved. Access still remains as a direct connection to
Immokalee Road and Catawba Street. The preserve locations and
configurations have also remained unchanged.
For surrounding land uses, we have single-family residential to
the south within the Valencia Trails community. To the west is also
Valencia Trails but it's open space, water management, landscaping.
To the east is Crawford Landscaping. It's agricultural use. And to
the north, beyond the Immokalee Road right-of-way, is the Twin
Eagles golf course and preserve areas.
Changes to residential development standards. Townhomes
have been eliminated as a permitted use, so that's reflected in this
table. The setback from the western PUD boundary adjacent to
Valencia Trails has increased from a minimum of 30 feet to 100 feet
to address compatibility, and the setback from this southern preserve
has also increased from a minimum of 25 feet to 100 feet, and the
maximum zoned height for residential has increased from 40 feet to
50 feet.
There's no significant changes to the commercial development
standards, but we did add language to allow for no setbacks and
buffer requirements along this internal tract line just to allow the
PUD to be developed as a unified development plan.
For permitted uses, again, we have no changes to the list of
commercial uses. And for residential, again, we deleted townhomes,
so multifamily is the only permitted residential use that remains.
April 08, 2025
Page 29
The project is currently approved for a maximum of 129
owner-occupied units with 100 percent of those units being subject to
an existing affordable housing agreement. This rezone is seeking to
rescind that agreement and increase residential units to a maximum of
205. Of the total units constructed, 15 percent of the units will be
rented to those whose incomes are up to and include 80 percent AMI,
and the other 15 percent will be rented to those whose incomes
include and are up to 100 percent AMI.
As Rich mentioned, the PUD establishes a trip cap -- the
existing PUD establishes a trip cap of 463 a.m. and 467 p.m. two-way
peak-hour trips. With the requested changes, there is a significant
reduction in the overall traffic to 226 a.m. and 267 p.m. two-way
trips.
We held a neighborhood information meeting back in July of
last year. Most of the -- well, I think all of the attendees were
Valencia Trails residents. And there were quite a few concerns that
were raised, and I'm going to walk through all of those now.
The overall main concern was the increase in residential density
and the change from owner-occupied units to rentals. And although
there is an increase in residential density, we did decrease
commercial gross floor area. And again, those -- that -- that results in
a reduction in traffic on the adjacent roadway network.
A market study was also prepared and submitted to the county
which outlines the need for more rental units within our county.
Views from Valencia Trails and increased building height -- and
we do have some line-of-sight exhibits, and I'm going to walk
through those with you soon. But these exhibits demonstrate that
there is little to no visual impact on Valencia Trails residents.
We did increase setbacks along the western PUD boundary and
from that southern preserve to 100 feet, and their perimeter landscape
buffer along the west is also increased from 15 feet to 30 feet, and we
April 08, 2025
Page 30
also incorporated a commitment that we would retain existing
vegetation to the extent possible within that buffer. There is quite a
bit of, like, dense mature vegetation within the NC Square site. So
that will be beneficial.
There are also concerns about potential noise from certain
outdoor recreational activities within the residential tract and outdoor
amplified sound within the commercial tract. And to address those
concerns, we've incorporated language that prohibits tennis,
pickleball court, and basketballs -- basketball courts within the
residential tract, and outdoor amplified sound is limited to televisions
only within the commercial tract and has limited daily hours.
And again, for concerns about traffic along Immokalee Road,
with the proposed changes, it reduces the trips.
For lighting, we added a commitment to use Dark Skies
compliant lighting.
For short-term and monthly rentals, the developer committed to
a minimum eight-month lease with residents only having the option
to go month to month after their full lease term is completed.
There was general concerns about wildlife. We're preserving
6.2 acres of native vegetation on site, and the developer will follow
all mitigation measures as required as they go through the permitting
process.
The developer has committed to gating the multifamily
development; that was also a concern that was raised.
And then lastly, concerns about stormwater management. But
NC Square will have no negative impacts on the Valencia Trails
stormwater management system.
This is the previous site plan with current zoning. You can see
the commercial and the daycare in the northeast corner, and then
within the residential, in this area here with, again, a minimum
30-foot setback.
April 08, 2025
Page 31
This is the proposed plan. As you can see, the buildings have
shifted significantly over, and the buildings are now more centrally
located within that residential tract with the parking along the edges.
And then getting into the line-of-sight exhibits, this first one
depicts the proposed site plan as if you were standing along the
entrance looking eastward towards a four-story building. And as you
can see, about 140 feet of existing open-space vegetation within the
Valencia Trails community. We have a 30-foot buffer within
NC Square containing that existing vegetation. And then you have
parking, and then you get to the building.
You may -- residents, as they're coming in and out of the
Valencia Trails community, may have views of the rooftops in this
location.
This next slide is from the same location but with the previous
site plan. You can see that the building is a minimum of 30 feet. The
visual impact here is much more significant.
This line-of-sight is a little further south along the entrance trail,
the entrance drive, sorry, looking eastward towards a three-story
building. Again, there's a lot of open space and vegetation, that
30-foot buffer, and then you get to the three-story building.
Residents will have no view of this.
This is the view with the existing plan from that same location.
Again, you can see that residents would be able to see that three-story
building here.
And for -- this is -- the last two line-of-sight exhibits are from
Jacaranda Drive along the south. In both of these line-of-sight
exhibits, you can see that there's about 240 feet on average width of a
preserve. And then we've increased the setback to a minimum of
100 feet from that preserve for this plan, and then for the existing
plan, the buildings were allowed to be 25 feet from that preserve.
But again, no visual impacts from the south here.
April 08, 2025
Page 32
And then I'm going to get into some massing views. This is
from Immokalee Road looking south, southeast towards the
NC Square site. You can't see any of the development within
NC Square.
This is along the entrance drive of Valencia Trails
looking -- toward the east here is NC Square, and with this view you
cannot see the NC Square development. And then, finally, just
standing along Jacaranda Drive, there's no view of the buildings.
And then that concludes our presentation, and we'd be happy to
answer any questions.
CHAIRMAN SAUNDERS: Okay. Any questions from the
Commission?
(No response.)
CHAIRMAN SAUNDERS: I do have two. Just to the north of
the property, I saw the aerial, but can you describe what's to the north
of the property?
MR. YOVANOVICH: It's Twin Eagles.
MS. HARRELSON: So we have Immokalee Road, and then to
the north of that is Twin Eagles golf course and the preserve.
CHAIRMAN SAUNDERS: I'm sorry. Well, put the -- yeah,
that -- that one's fine.
Along Immokalee Road, I'll just say to the right of the property,
I thought that was the north, but --
MR. YOVANOVICH: Here.
CHAIRMAN SAUNDERS: Yeah, right --
MS. HARRELSON: So there's one -- I think it's less than a
5-acre site here that's undeveloped, and then there's Crawford
Landscaping that wraps around.
CHAIRMAN SAUNDERS: Okay. And continuing to the north
there past Crawford, that open area, do you know what that is zoned
for?
April 08, 2025
Page 33
MS. HARRELSON: It's zoned agricultural.
CHAIRMAN SAUNDERS: Okay. All right. And then this is
kind of a question, I think, more for staff. But I'd like
Mr. Yovanovich to comment on it as well.
In terms of the enforcement of the rental limits, the income
limits, how do we enforce that from a staff level? And I would like
Mr. Yovanovich to comment a little bit about how that will be
maintained. I'm not sure who on our staff would be the right person.
MR. YOVANOVICH: I'll go first while they -- I would
anticipate you-all -- obviously, we're going to have to provide annual
monitoring to verify the affordable housing commitment. Likewise,
we're happy to give you access to -- sporadically or however you
want to do it. You can get every one of the leases if you wanted to –
but to verify the length of the term of the leases. We would,
obviously, block out personal information. But if staff needed to
confirm that the term of the lease was the minimum of eight, we
would, one, confirm that in our monitoring report, but we would
allow for staff to audit the leases.
CHAIRMAN SAUNDERS: All right.
MR. GIBLIN: Good morning. Cormac Giblin, your director of
Housing Policy and Economic Development, for the record.
On the issue of monitoring, the county does have a very robust
monitoring program. It's run by our Community and Human Services
division. It includes on-site monitoring, random file search
examinations, copies of all the leases, copies of income
documentation, and those results are posted on our website.
CHAIRMAN SAUNDERS: Has there been any attempt by any
developers to avoid the limitations?
MR. GIBLIN: Not that we've seen.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Thank you, Mr. Chair.
April 08, 2025
Page 34
And I don't know if this question is for -- for you or -- for Rich
or for Mr. Bosi. I have two questions. Number one, does this project
have access to Valencia Trails?
MR. YOVANOVICH: No. There's no interconnection between
this project and Valencia Trails.
COMMISSIONER McDANIEL: Okay. And then number two,
and this -- I think this is more for staff. Is this development a PUD or
an MPUD?
MR. YOVANOVICH: It is currently an MPUD and is
remaining an MPUD.
COMMISSIONER McDANIEL: Okay. Well -- because one of
my concerns was with the C-3 designation, it could -- it could move
over in -- if it were sold to somebody else, it could move over into a
higher density, Live Local Act development, and we don't care for
those. But we did protect that in a previous meeting from a change of
use over to a high-density affordable housing development, so...
MR. YOVANOVICH: Right. And we're not making any
changes to what was previously approved as to the commercial
portion of the PUD.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
What are the plans with the space that the daycare is going to be
removed?
MR. YOVANOVICH: That will be -- well, that space is gone. I
mean, the footprint will be reduced, and we'll provide commercial
opportunities in the 34,000 or 35,000 square feet.
COMMISSIONER HALL: Okay. And next question is how
many units fit into the four-story building with the new footprint?
MR. YOVANOVICH: I'll get you the number -- we
have -- remember, we have two four-story buildings and one
three-story building.
April 08, 2025
Page 35
COMMISSIONER HALL: I was just curious how many units
fit in that one building, in one four-story building.
MR. YOVANOVICH: Okay. I'll get you -- I'll confirm.
COMMISSIONER HALL: And it was mentioned that the
density is moving to 8.4 units per acre, which was previously
approved. And what's approved already as it stands is 5.4 units per
acre.
You know, at some point in time we've got to stop doing what
we're doing if we want different results. And to be a leader,
sometimes it's hard, but I'm going to go ahead and take the lead on
this. I don't like it. I don't like it, increasing the density. It doesn't
affect peak-time traffic. I think traffic's going to reduce greatly just
with the removal of the daycare, peak-time traffic, but Immokalee
Road is -- it's just, to say it nicely, a mess.
And to put another -- to put 205 people in there or an additional
76 units, they're not just going to stick around. They're just not going
to stick around their little place in peak time. They're going
to -- they're going to the -- they're going west, they're going south,
they're going on Vanderbilt Beach, they're on -- they're going to
Airport Road. These people are traveling all over the county for
their -- to go eat, to go shop, to do whatever. So it's not just going to
affect -- it's not just going to reduce peak-time traffic right there. I
don't really care about that. I care about adding more load on
Immokalee Road that's already failed.
What I would be comfortable in is you're improved for 129
units, but those units have to be for-sale affordabilities. I'd be okay
with doing 129 units at only 30 percent affordability to allow -- you
know, to allow the residential use, because you said we can't build
129 units to sell because of the -- because of the market increase in
prices.
I would be willing -- I like all the changes. I like the setbacks.
April 08, 2025
Page 36
You could take them, or you could keep them the same. I
don't -- that's fine with me. It's already approved.
I like the footprint the way it's smaller. I just don't like the
increase in density of adding 205 units to get to 64 units of
affordability.
I understand the -- I understand the dynamics of it, but I would
be okay just to remove that for-sale affordability requirement and
allow you to do 30 percent affordable housing and stick with the
density that's approved.
CHAIRMAN SAUNDERS: Let's -- while they're having a
discussion, I think that's a very interesting comment, and they're
going to be discussing this. Why don't we go to the public comment.
COMMISSIONER HALL: Sure.
CHAIRMAN SAUNDERS: And let's hear from the public and
then get back to that.
MR. MILLER: Mr. Chairman, we have actually eight speakers,
but they've been divided up and ceded time to just two folks. Your
first speaker is going to be Marian Riordan, and she'll be followed by
Lisette Scott. Marian has been ceded additional time from Dorothy
Paulica.
Yeah, you need to raise your hand when I call your name so I
can see you're present.
(Raises hand.)
MR. MILLER: Thank you.
Dave Hooker?
(Raises hand.)
MR. MILLER: Thank you.
Sue Hooker?
(Raises hand.)
MR. MILLER: And, Donna Cascardo?
(Raises hand.)
April 08, 2025
Page 37
MR. MILLER: So you'll have a total of 15 minutes.
MS. RIORDAN: Thank you. Good morning. And thank you
for your service to our community. My name is Marian Riordan. I'm
a resident of Valencia Trails.
The people of Valencia Trails are part of the fabric of Collier
County, and we represent the residents of Naples. We are not some
unknown town referenced in past planning meetings as east of Collier
Boulevard. The community appreciates the Board's consideration
when voting for projects that will have a long-term effect on the
community and should be given all areas of consideration when
you're thinking affordable and workforce housing.
I appreciate in the beginning of the meeting that Mr. Daniel [sic]
referenced the county's strategic plan for today's agenda. I also
appreciate Mr. Hall's leadership, both of you, and I'm sure the rest of
you as you will continue to speak today, have definitely demonstrated
the Collier County values, mission statement, and strategic focus. It's
so encouraging to see that you're living what you write on your
platform.
I want to pull out two specific things, starting with vision to be
the best community in America to live, work, and play and the
mission to deliver high-quality best-value public services programs
and facilities to meet the needs of our residents, visitors, and
businesses. Nowhere in anything that is written for Collier County
has anything to do with the developer. It's all about the community
and the people that make up the community.
Additionally, I want to highlight the 2024 focus areas in terms of
quality of place. Preserve and enhance the character of our
community and protect our natural resources. All projects should be
evaluated in their totality and scope of the strategy and considered
based on -- and based on that and not each individual development.
If Collier County continues to approve development
April 08, 2025
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amendments of changing, rezoning, building heights, reducing
normal buffer size, eventually Collier County will be unrecognizable.
Collier County's 2024 priorities for growth management, there's
two distinct pillars under affordable and workforce housing. My
research indicated that there has been a dedicated team. I think,
Cormac, I spoke to you on the phone, and Timothy Finn. I spoke to
them quite often over the last eight months, and they've done their
due diligence to provide statistics and information necessary to make
decisions around affordable housing and workforce management.
As of last year, there were 50,000 people commuting. I'm sure
that there was a deep dive analysis to identify the industry, that it
wasn't just construction based and it was other industries that were
coming into Collier County.
However from there, Collier County has approved a
commitment to 106 new developments; 89 of those are designated as
rentals. That's 84 percent of the total. Seventeen are designated for
owner occupied, or 16 percent; however, that number is dwindling
based on developer amendments.
Forty-three of those locations are in Naples, or 41 percent of the
total. And right now we have just under 30,000 units and over
13,000 that are designated rentals. That's 42 percent of the total.
Additionally, if you look on Zillow or rents.com, there's 5,000
units currently for rent throughout Naples. And it appears that there's
a disproportionate number of rentals against owner-occupied in
Collier County.
So what's missing? The missing middle housing option. It
creates more diverse and affordable housing options to build equity,
stability, and sense of community for Collier County.
To be clear, our community, Valencia Trails, of 838
single-family homes, about 1700 residents, we embrace the Collier
County initiatives in affordable and workforce housing as long as it's
April 08, 2025
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proportionate to what the strategic objectives are, and Mr. Hall spoke
to that moments ago.
Seven hundred residents did sign a petition opposing the
amendment of going to rentals -- full rentals versus owned and
occupied.
And to your earlier point, Mr. Hall, most developers have sold
their property to investment management companies, and it's unclear
right now in terms of their commitment to stick into the strategic
points of Collier County.
So in 2021, the development was approved for 120 to 129
townhomes. It is noted on every ordinance the word "townhomes" at
the owner-occupied -- at the moderate and gap level income. The
developer wants to change that to low and median income level, but
as I already stated earlier, almost 89 percent of what we have in
Collier County is designated to rentals. So it's a disproportionate
amount that we have. What's missing is the missing middle-income
option.
In previous board meetings, in January of 2025, concerns at the
county level have been addressed. It was noted on your minutes of
your board meeting, population density, traffic, low-income housing,
and, of course, residents and their perception of "not in my
backyard."
It's encouraging that these are on the radar of Collier County
officials and measures are being taken to address them. Additionally,
documented by fbi.gov, which I have a copy of, published a paper on
variables affecting crime. And I'm going to pull out just three of
those, not the 13, but population density and degree of urbanization,
variations and composition of population and stability of population
with respect to resident's mobility, commuting patterns, and transient
factors.
Additionally, although we've requested from the Sheriff's
April 08, 2025
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Department -- and they're super busy, so we can understand the
delay, we have requested any vehicle and upswing of vehicle
accidents that have happened on Immokalee.
The developer updates, I'm glad Mr. Hall mentioned. We do
appreciate the updates that they've made in terms of the consistency
with the buffers and the placement of the buildings, the residential,
and the delineation of the commercial tract and the residential to have
a gate around that; however, we are asking that you stick to the
owner-occupied at the 120 or 129 townhomes.
In short -- and my time has been greatly appreciated from those
that ceded to me, but I'm very concise in my message, so I won't take
up all of that time. But the people of Valencia Trails are the fabric of
Collier County, and we represent the Naples Community, and we
appreciate your consideration to sticking to the owner-occupied at the
129.
Thank you for your time.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Lisette Scott. She's been
ceded additional time from -- wow -- Daniel Schlachtenhaufen.
(Raises hand.)
MR. MILLER: Am I close?
MR. SCHLACHTENHAUFEN: Yeah, real close.
MR. MILLER: And also by Stephanie -- same last name.
Thank you.
(Raises hand.)
MR. MILLER: Lisette will have nine minutes.
MS. LISETTE SCOTT: Hello. Lisette Scott here.
Last year, in July of 2024, when we found out that NC Square
was trying to be rezoned, Valencia Trail [sic] community members
got together to put together a petition effort to hopefully keep the
originally approved rezoning of the 129 home-owned residences
April 08, 2025
Page 41
which were categorized in Table 2, Exhibit B, of NC Square MPUD
PD [sic] as townhouse and multifamily.
We are here to represent Valencia Trails by making it clear that
we are in agreement with the originally approved plan in April 2021
that residential units shall be subject to affordable housing agreement
between the owner, not renters, and Collier County.
Furthermore, we do strongly believe that if Collier County stays
with the originally approved rezoning in April 2021 to build
affordable housing, townhomes, multifamily residences for the
missing middle, which is our firefighters, police, nurses, and teachers,
that we will be moving towards providing better opportunities for our
essential service personnel and military veterans.
Do we really think that our essential service personnel want to
rent rather than to qualify for a brand-new affordable housing
townhome or cottage court or multiplex or duplex? How are we
going to keep -- to attract or keep our essential service personnel if
they are not given an opportunity to purchase an affordable housing
residence of their own? What future will they have in renting? Let's
give them an opportunity to stay in Naples, grow their families, and
prosper.
During my research on affordable housing, I found two recent
news articles on this subject. First one, Washington Post on
October 21st, '24, titled, "The new American dream should be a
townhouse. Americans are desperate for more affordable and low
maintenance options." This article touches on the subject of median
density options and has dubbed this as the missing middle. It
identifies the importance of defining a new dream by building
affordable homes such as townhomes, duplexes, or multiplexes. It
identifies that in today's economy there is a need and demand for
affordable townhomes.
The second article was from Gulf Shore Business here in Naples
April 08, 2025
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dated 10/1/24. It says that Southwest -- the title is "Southwest
Florida's apartment supply may outpace demand." It states that
Southwest Florida's now past -- now may pass a point which supply
exceeds demand. It states that more than -- Southwest Florida has
more than -- over 15,000 additional apartment units under
construction or cleared across Southwest Florida.
It also states that the volume of current apartment construction
projects relates to the pandemic-related surge in demand from three
years ago, not the current demand.
On behalf of Valencia Trails community, do not rezone our front
yard, consisting of barely over 24 acres, to affordable housing
four-story-high apartment units. This is just not compatible next to
our over 800 single-family, single-story homes.
The original rezoning of townhomes for the 24-acre space in our
front yard is more compatible with our single-family, single-story
homes. The synergy, the compatibility, the coexistence of our
home-owned townhomes, duplexes, multiplexes, and single-family,
single-story homes will result in a more cohesive neighborhood for
all.
Furthermore, consider the long-term impact of deciding to
intersperse affordable housing four-story apartment buildings not
only by our community but throughout all of Naples.
Yes, we do need affordable housing, but let's balance it out with
affordable housing townhomes and multifamily dwellings before we
have an overabundance of affordable housing apartments. Let's try to
keep the balance and beauty of Naples and not ruin its whole
infrastructure and atmosphere.
I'd like to point out a couple of alarming changes in the latest
rezoning plan that was submitted.
Exhibit F, the lighting. The site lighting shall be Dark Skies
compliant with full -- and that was in the original rezoning plan,
April 08, 2025
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which we were good with, but what was scratched out was "with full
cutoff shielding installed to protect neighboring properties from
direct glare." That part was scratched out.
Another part that is alarming is Exhibit F, now Section 9, the
removal of a lot of very good guidelines, the removal of wildfire and
prevention mitigation plans, it's totally struck out the requirement that
roofs shall be constructed using Class A, B, or C fire-related
materials that use -- the use of flammable shakes or shingles are
prohibited. So in other words, that may be allowed. Using
flammable materials may be allowed.
It removes that soffits shall be made of noncombustible material
or a minimum of half-inch nominal wood sheathing.
And I could go through and read all the other alarming removals
for fire retardant prevention, but it's there in the original rezoning
plan, which we do like, and it's scratched out.
So those are some of our concerns, and thank you for listening
to us.
MR. MILLER: That concludes our public comment.
CHAIRMAN SAUNDERS: All right. We're in a quasi-judicial
proceeding, so we've gotten a little bit out of order.
Mr. Yovanovich, you'll have an opportunity to respond to the
public comment, but before we do that, let's get our staff report on the
record, see if there are any questions of staff, and then we'll get back
to Mr. Yovanovich and your response.
MR. BOSI: Thank you, Chair. Mike Bosi, Zoning division.
As indicated within the executive summary, staff is supporting
the proposal. We recognize that its 43 percent reduction in the
overall traffic impact of the proposal in relationship to some of the
comments that were made at the neighborhood information meeting
as well as the Planning Commission related to traffic which support
the approved -- or the requested reduction in trips.
April 08, 2025
Page 44
The Planning Commission heard this at the January -- or the
February 20th CCPC hearing; 6-0 unanimously recommended
approval of the proposal to the Board of County Commissioners.
Staff -- like I said, staff has reviewed it against the GMP, against
our current -- our current allocation or affordable housing table. And
just to give you a heads-up; Mr. Yovanovich did mention it. In May,
you will be hearing the updated LDC amendment for your affordable
housing provisions. That will be coming to the Board of County
Commissioners.
But for those reasons and for the increase in the setbacks, staff is
recommending approval and would answer any questions that you
may have.
CHAIRMAN SAUNDERS: All right. Do we have any
questions of staff? Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. The application asked
for the elimination of the daycare facility, and if I remember
correctly, that was close to 12,000 square feet of a daycare?
MR. BOSI: Correct.
COMMISSIONER McDANIEL: And how many students or
children, as the case may be, could be accommodated in that facility,
plus/minus, maybe?
MR. BOSI: I'm trying to strain just to remember the TIS. I
wasn't here in 2021 when it was approved, but I believe it's
over -- over 100 students could be accommodated within
that -- within that facility.
COMMISSIONER McDANIEL: Yeah, I'm going to guess it's
more than 100. Maybe I'll ask the applicant, if I may --
CHAIRMAN SAUNDERS: Absolutely.
COMMISSIONER McDANIEL: -- when that comes around.
Because where I'm trying to go is with the use change, with the
density change, and the elimination of that, there -- we need to
April 08, 2025
Page 45
have -- those daycare can be a huge, huge glut of traffic that comes in
when the kids are coming in and then when they're being picked up
after work as well. So I'd like to know what that number is exactly.
CHAIRMAN SAUNDERS: All right. Any other questions of
staff? Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
Along the lines of Commissioner McDaniel, my question was
similar. The reduction in traffic from the previous plan that we
approved and this one is mainly because of the daycare center is
wiped away, right?
MR. BOSI: Correct.
COMMISSIONER LoCASTRO: And then -- and the setbacks
are significantly more now, obviously. But that was my question
about -- when -- you made the statement that, you know, traffic's
greatly reduced. It's only because the daycare center went away,
right?
MR. BOSI: That is the bulk of the reduction.
COMMISSIONER LoCASTRO: But then it does increase
slightly because there's more units here, right? Have we done that
algorithm to see what the difference is or it doesn't?
MR. BOSI: It's a 200 -- it's a 200-trip reduction. It's a
43 percent reduction --
COMMISSIONER LoCASTRO: Yeah, okay.
MR. BOSI: -- compared to what the -- what is currently
approved.
COMMISSIONER LoCASTRO: I gotcha. Thank you.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Mr. Bosi, I know there's been a couple numbers thrown around,
the 205, the 129. But in reality, we're only looking at a 76-unit
difference from what was originally --
April 08, 2025
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MR. BOSI: Correct.
COMMISSIONER KOWAL: -- units, 76.
And a reduction of 19,000 -- close to 20,000 square foot of
commercial, including the daycare, right?
MR. BOSI: The daycare of 12,000, and then a 7,400 reduction
within the overall commercial space.
COMMISSIONER KOWAL: Okay. So -- and of course, the
buffers increased on the side, especially the west -- west side where
they're closest -- well, actually, they're not that close because there's a
water retention area?
MR. BOSI: The west side and the south side.
COMMISSIONER KOWAL: And the south side because the
preserve got larger, but just from the west, which you consider is
where the closest street would be to the property, but there's actually
a setback because of their own water retention area, and then
increasing that from 15 to 30 feet -- or 20 to 30 feet?
MR. BOSI: They increased the buffer on that west side from 15
to 30 feet, but the principal structure was increased to 100 feet. So
they couldn't put the apartment complex within 100 feet of that
buffer.
COMMISSIONER KOWAL: Yeah. They had to move to the
center of the property, that's what happened.
MR. BOSI: Yes.
COMMISSIONER KOWAL: Okay. When they do the study,
the traffic study, does anyone take into consideration -- I mean,
because at the time of construction, we know there's nothing there
now, but, you know, if this does get approved -- and we're talking
years down the road before people are actually occupying, living,
using commercial. Did they take into consideration the fact that the
Vanderbilt Beach extension will probably be open by then? And that
would -- you know, then everybody has another way to get out of
April 08, 2025
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their community would be to the south and go west from there, just
avoid Immokalee Road, basically.
MR. BOSI: We would -- we would anticipate that the
Vanderbilt Beach extension facilities will be open by the time that
these units would be -- could be occupied. The way that our
Concurrency Management System works, as long as the program's in
the first two years of completion, the amount of additional volume
that will be provided for by their project can be accounted for within
the Concurrency Management System within the analysis, and I
believe anywhere up to 20, 25 percent reduction they expect to see
when Vanderbilt -- when the extension is open of the reduction in
traffic within the Immokalee corridor.
COMMISSIONER KOWAL: Okay. So I guess my other
question -- I don't know if you even know the answer to this, but I
was thinking about this the other day. The community, I believe, that
has the most concern over it is the one that have been voiced just here
today. And that's a 55-plus community, correct?
MR. BOSI: Correct.
COMMISSIONER KOWAL: Do you know, is there
school-aged children that live within that community?
COMMISSIONER McDANIEL: Well, sure.
MR. BOSI: That I don't know.
COMMISSIONER KOWAL: No. I was just curious, because
that would require you to use Immokalee Road to get kids to and
from the school, correct?
AUDIENCE MEMBERS: Correct.
COMMISSIONER KOWAL: Okay. So there's no real need to
have -- traverse children to go on Immokalee Road to and from
school from your particular community.
CHAIRMAN SAUNDERS: Excuse me. Excuse me. We don't
permit any comments from the audience. If you do want to respond,
April 08, 2025
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I'll give you an opportunity to, but no speaking from the audience.
COMMISSIONER KOWAL: That's kind of my fault. I kind
of -- sorry, Chairman, I kind of got -- I didn't know if Mr. Bosi had
the answer, but I guess I got the answer from the community itself.
So I do appreciate that. Thank you.
You know, I just made notes, because I was listening to both
sides. And, you know, I heard a lot of things that they were seeking
it seems likes things have happened after conversation with the
community. Buffers got increased. The reduction of traffic, so -- all
right.
Well, I don't have any more questions for you. Thank you.
CHAIRMAN SAUNDERS: Any more questions for staff?
(No response.)
CHAIRMAN SAUNDERS: Then we'll close the public hearing.
Mr. Yovanovich, you have an opportunity to cross-examine our
staff, and you also have an opportunity to comment on any issues
raised by the public comment.
MR. YOVANOVICH: I don't have any questions of your staff
or of anybody at the public.
I do have -- give you some answers to some of the questions I
think that were raised.
Commissioner McDaniel and the rest of the commissioners, the
approved daycare is for 250 students. So that's a -- that's a big
number of to-and-from trips to drop your child off and pick your
child up on the transportation system.
I'm asking Mr. Trebilcock to calculate the overall trips per day
versus the peak hour, because I think that was a -- that was a concern
of Commissioner Hall about not only just the peak hour but
throughout the day.
And when -- when will you probably see your first move-in
resident is probably three years from today. And I -- you know,
April 08, 2025
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Trinity Scott can tell us exactly when she believes Vanderbilt Beach
Road will be open, but I believe it's scheduled to be open well within
that three-year time period.
So the -- there will be significant reduction on Immokalee Road
once Vanderbilt Beach Road opens up. And importantly, Valencia
Trails residents will have an access to Vanderbilt Beach Road should
they not want to use Immokalee Road any point during the day.
Affordable housing is a major issue in Collier County.
I -- Commissioner Hall, I have no idea if we can do a 30 percent
number. The gut reaction is no, and there's a concern that we could
do any. Most of the projects, as you've seen in the past and you will
see in the future, are way larger than 129 units to offset -- I'm talking
about on a for-sale product -- to offset the loss, if you will, on the
units that you income restrict. So you can -- from an overall project
viability, you can -- you can accommodate those lost units within the
other units.
And we've looked at -- we've looked at how do we make this
work with the existing commitments, and it comes down to,
Commissioner, the potential of zero affordable units because we can't
make the math work or zero units at 120 percent, which is the current
commitment, or you get 61 units, if my math is right on 205 times
30 percent at a lower income threshold at the 100 percent and the
80 percent.
And this went through the Planning Commission. They
unanimously recommended approved of the change. Your staff's
recommending approval of the change. It is a significant reduction in
traffic on a road that is a very busy road, and that seems to be the
concern from the residents.
I don't think -- and I said this at the Planning Commission. I'm
willing to bet that virtually everybody in this room at one time rented
a unit, either an apartment, a house, or whatever. We all treated it
April 08, 2025
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with respect, and we all got our start -- most of us got our start in a
rental project. I did when I first came to be an assistant county
attorney. I rented an apartment. It took me a few years to save up
enough money to get -- to put money down to buy my first house,
and I'm glad I had a safe apartment.
And what have we seen by more apartments getting approved?
Rents are coming down. And that's been the concern about
rents -- not only for affordable rents but for people who don't have
income -- are not income-qualified -- is bringing the rents down, and
it's a supply-and-demand economic analysis.
This project, based upon what I've heard from the
community -- and it's just not our neighbors, but I think we've
addressed our neighbors' concerns.
One of the comments about the change to the PUD and we
somehow now can have flammable rooftop shingles. Well, we can't.
What we did is we went to -- we actually -- what we actually did is
we took an outdated provision in a PUD and modernized it to every
other project in the Rural Fringe Mixed-Use District commitment.
Now, we actually have to have an approved wildlife prevention
mitigation plan that addresses structural design and building
materials. Location of defensible space, plant selection, all of these
things is required as part of the wildlife mitigation plan. So we went
to the modern --
COMMISSIONER McDANIEL: Wildfire.
MR. YOVANOVICH: Wildfire, sorry. Thank you, sir.
Wildfire. So we have not eliminated that, and there's no chance
we're going to have flammable material. We went to what is the
standard condition today. Like Dark Skies, it was redundant to say
"shielded so it doesn't go off site." That's part of what Dark Skies
says.
If she wants that language back in, that's fine, but we're not
April 08, 2025
Page 51
making it worse for the neighbors by making those changes. We're
just simply updating the PUD to be consistent with recent and current
PUDs approved in the Rural Fringe Mixed-Use District to address
those concerns about lighting and wildfire prevention.
So with that, I don't know -- Norm, do you have your answer
yet? No. He doesn't have his final numbers yet. I think we're almost
at the break.
CHAIRMAN SAUNDERS: We're going to have -- we're going
to have some comments before, so he'll have some time.
Mr. Giblin, if you could come on up, because I do have a couple
questions for you. While he's coming up, Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Rich, don't go away.
Was there any, ever, discussion with regard to a limited access for the
folks in Valencia Trails to be able to get to and from the commercial
without coming out onto Immokalee Road?
MR. YOVANOVICH: The problem with that is we have our
preserve up -- let me get to the master plan.
Amy, can we go back to the -- thank you.
We have our -- we have a preserve up in this area,
Commissioner. So I'm not sure how that interconnection would work
through the residential. Plus, they wanted us to have a gated -- a
gated community, so I don't know if the interface would actually
work with their -- their access road. The most logical point would be
right just south, I guess, of their lake.
COMMISSIONER McDANIEL: That's correct.
MR. YOVANOVICH: And I don't know how that would
interface and work with our required preserve there.
COMMISSIONER McDANIEL: And I'm certainly not
suggesting it from a -- you know, an approval or disapproval today,
but I would like that discussion to be open, and I would like for our
staff to be looking for those interconnections. Because if I'm not
April 08, 2025
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mistaken, the folks that are in the NC Square development have to go
on -- if they want to go west, they have to go onto Immokalee Road,
go east to the light at the school, and do a U-turn in order to come
back.
So if anybody that lived in Valencia Trails wanted to go to one
of the commercial restaurants or developments that are here, they
would have to come onto Immokalee Road, going to that restaurant,
then go back out onto Immokalee Road, go do the U-turn, come back
to their light, and come back into their community.
And so -- and so my thoughts are if we had a limited access for
the folks in Valencia Trails only to come to the commercial and out
of the commercial back into their development but not the -- not the
people that live in NC Square, just the people in Valencia Trails to be
able to have that access to the commercial, it would help with the
congestion.
MR. YOVANOVICH: I think -- since we don't know the
answer today, I think the way to address that would be to put a
potential interconnection point on the master plan. Label it today so
we don't have to come back in the future if it works. I don't know if
it will work or it won't, but at least that way we can analyze it.
COMMISSIONER McDANIEL: And it has to work
with -- they're all shaking their head "no" right now.
MR. YOVANOVICH: I understand.
COMMISSIONER McDANIEL: But as soon as there's a
Chick-fil-A in there --
CHAIRMAN SAUNDERS: Again, we're not going to have
comments from the audience. I understand this is frustrating.
COMMISSIONER McDANIEL: As soon as there's a
Chick-fil-A in there, they're all going to want to go, so...
CHAIRMAN SAUNDERS: All right. We have a court reporter
break at 10:30. We've got a couple commissioners lit up. I've got
April 08, 2025
Page 53
some questions. There's some calculations going on there. Why
don't we go ahead and take our court reporter break. We'll come
back at quarter to 11.
(A brief recess was had from 10:30 a.m. to 10:45 a.m.)
CHAIRMAN SAUNDERS: Ladies and gentlemen, the meeting
will come back to order.
Mr. Yovanovich, during the break I got a request for a member
of the public to make another comment. Marian Riordan.
Mr. Klatzkow, I assume it's okay to reopen the public hearing
for just a moment to permit that.
MR. KLATZKOW: Board discretion.
CHAIRMAN SAUNDERS: Mr. Yovanovich, do you have any
objection to doing that?
MR. YOVANOVICH: I'm not going to get in the way of the
public participating in the process.
CHAIRMAN SAUNDERS: Okay. So we're going to reopen
the public hearing for just a moment for Marian Riordan.
MS. RIORDAN: Thank you.
CHAIRMAN SAUNDERS: And you'll be limited to the three
minutes.
MS. RIORDAN: Great. Thank you. A couple of things. At the
planning hearing in February 2020 [sic], Mr. Shea advised the
community, knowing very well that the decision-making process is
with you guys, and encouraged us to do so.
Secondly, there was a female Planning Commissioner that was
not in favor 100 percent of the change, and she did put that on record,
so I guess somebody can look that up.
The Vanderbilt exit/entry that is due to open at some point will
not resolve the issues on Immokalee. Right now on Immokalee we
have Publix that is 1.1 mile away from us. We have Walmart,
Target, and Chick-fil-A, all the places that we want to go. So having
April 08, 2025
Page 54
an exit at Vanderbilt doesn't solve the problem with the traffic on
Immokalee.
The other thing that I want to speak to is we have west of us
right now a school being built. It looks like it will probably be built
before school opening of this year, and they took a daycare center
and it's -- it was advised to us that they're doing the daycare center
where the Naples Academy is.
So there's not going to be any less traffic because one moved
from one location just west of us instead of east of us.
You know, what we're asking for is not to have and maintain the
workforce affordable housing, and that's what was approved. And,
you know, to have eight-month rentals with month-to-month rental
doesn't solve the problem of stability, building equity, and building a
sense of community. If we're really focused on the firemen and the
nurses and the teachers and the policemen, we're going to provide
them, though, affordable options in the missing middle housing,
which we don't currently have today.
Right now, today, the commitment from Collier County and the
approval from Collier County, the 106 new developments with over
30,000 units -- 30,000 units and 13,000 of them right now are for
rentals, you're talking about 86 percent of the total.
So what Collier County -- Collier County is missing is this
missing-middle housing option, you know, for residents to build
equity, have sustainability, stability, and not transient.
I think those are all the points, and I appreciate your time.
Thank you so much.
CHAIRMAN SAUNDERS: Thank you.
Okay. We will, again, close the public hearing.
And, Mr. Yovanovich, any comment on the public?
MR. YOVANOVICH: Yeah. Can I just -- I'll just -- I will
address a few things.
April 08, 2025
Page 55
Typically, we rely on traffic experts to give us testimony
regarding traffic impacts, and your own staff have confirmed that our
change is a reduction in traffic on Immokalee Road. Nobody's saying
there's not traffic on Immokalee Road.
But what can currently be approved to be built and placed on
Immokalee Road will generate more traffic than what we're
proposing.
Total daily trips on Immokalee Road under today's approved
PUD is 5,878 daily trips. What we're proposing will be 3,169 daily
trips. That is, quickly, 1,709 less daily trips than what is currently
approved under this project.
The minimum eight months -- the month-to-month is for the
person who's there after eight months and says, "You know what, I
like it." Either my house that I'm building is under construction; I
can't move in yet; I need to be able to stay longer.
I can't go there and say I want month to month. I've got to be
there eight months first, and if I need more time because I'm finding a
new place to live, I can say to the owner, "I would like to go month to
month."
I will tell you that there are people who are renters by choice
because they don't want to own their unit. They don't want to worry
about maintaining their own unit. They rent by choice, and they are
just as much a fabric of this community as someone who owns a unit.
And I will also tell you Allura was probably one of the first
projects that came through with an affordable housing commitment
for the incomes we're talking about for the missing middle. Allura
has a waiting list for all of those income-restricted units. They get
snapped up like that. And they're going -- and every other one of
these projects that are coming along, you're going to have the same
issue. We're serving the missing middle.
I can't do anything about housing prices. They're up. The
April 08, 2025
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missing middle in Collier County, I don't know what they're going to
do to come up with a deposit in the first place and be able to afford
the mortgage payments with current interest rates.
We are serving the missing middle. We can't solve all problems.
But from a traffic standpoint, we are a significant reduction to peak
hour and throughout the day, and that's what we keep hearing from
people is traffic, traffic, traffic on Immokalee Road.
This is a good project. Your staff's supporting this project. And
our request is that the Commission, based upon all the expert
testimony regarding traffic and regarding the facts of what the
impacts are going to be and the facts that -- again, to do quick math,
if we stayed at the 129 and we did 30 percent of those units, you
would have 39 units of affordable units, and if you did our proposal,
you end up with 62 income-restricted units at a lower income level
that we're serving.
This is a project that is ready to go, and "ready to go" means in
three years people will actually be living in it. But that's the process.
As you know, it's not going to open up tomorrow. But it is a good
project. It was well received by the Planning Commission.
This project -- this parcel was always intended to be developed.
For anybody to wish it wouldn't be developed -- and, frankly,
most -- this project was approved since the vast -- before the vast
majority of the people who currently live in Valencia Trails moved
in. So the impacts of our project should have been anticipated, and
we request approval.
CHAIRMAN SAUNDERS: All right. I have a couple
questions for Mr. Giblin, and then we'll get into the comments and
questions from the Commission as well.
There's been a lot of discussion about the number of workforce
or affordable housing units that have been approved. Do you
have -- can you give some clarity to the number of units that have
April 08, 2025
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been built and the number of units that have been approved?
MR. GIBLIN: What you've got on the visualizer now is the
number of affordable housing units approved by the Board of County
Commissioners every year going back to 1971. You can see that
we've got some peaks and valleys. Right now we seem to be
approving a good clip and commensurate with the needs.
What we -- so for the past few years, you approved, in 2023,
1,361 new affordable housing units. Last year you approved 693.
Thus far this year, this board has approved 210 in the first three
months of this year.
Those are now coming online, especially the ones that were
approved in 2020, '21, and '22. They're coming online. We're having
grand openings every few months.
And as Mr. Yovanovich alluded to, the affordable set-aside units
in those developments are snapped up very quick, and then we have
very lengthy waiting lists for those. But they are rolling through the
system, through the development process, and hitting -- hitting the
market as we speak.
That said, the need is still probably 10-, 20-fold what is
currently in the pipeline.
CHAIRMAN SAUNDERS: And then, Mr. Bosi, there's been
discussion about the number of units that have been approved. Do
you have any -- just off the top of your head, some estimates of the
number of apartment units that have been approved over the last four
or five years that have not been built?
MR. BOSI: Mike Bosi, Planning and Zoning director.
I don't have an actual number of the apartment complexes that
have been approved over the last four or five years, but what I will
say is where we started. Single-family -- single-family homes make
up about 83 percent of your residential inventory. That's extremely
high. We're trying -- what we've done in the past four or five years
April 08, 2025
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with the approval of these multifamily apartments is provide for more
variety within your housing type, and that's something that's
beneficial from an overall supply -- supply standpoint.
CHAIRMAN SAUNDERS: Okay. I think we have numbers on
the screen here that answer my questions. If you'd leave that up
there.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
I'm sort of making a plus-and-minus list, just positives and
negatives. I fall along the same lines as what Commissioner Kowal
said. It's a 76 increase in units, but to me that's not astronomical
because there's other tradeoffs. Lower traffic, less square footage,
higher setbacks. I appreciate what the citizens say about Valencia
Trails and creating cohesion, but one of the things that is also
important to me is that our community has options. And just as
Mr. Bosi -- you know, he called it variety.
Cormac, in Valencia Trails, do you have any estimate of how
many homes in Valencia Trails are currently for sale?
MR. GIBLIN: In the break, I was able to do some research,
pulling on some of the datasets that we have access to, help with our
partners at NABOR, and other sources.
Right now there are 25 homes listed for sale in Valencia Trails
ranging from a 2,300-square-foot 2/2 for $775,000 to a
4,718-square-foot 5/5 for 1.9 million, and then all between those the
other 23 of them lie.
COMMISSIONER LoCASTRO: Yeah. I'm not saying that
skews my decision, but I'm trying to maybe open the aperture a little
bit and give the comments that the citizens said the respect that they
deserve, which is, you know, "Hey, people want to own their own
homes." And in Valencia Trails there -- it seems like there's options
there. I'm not saying there's 400 homes for sale, but there are homes
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for sale, but they're kind of pricey.
And the one thing that I know is in my district when we've built
apartment complexes similar to this that had about the same
algorithm of affordable versus, you know, the other apartments, I
mean, they fly off the sheet. I mean, you know, there's a huge,
gigantic waiting list.
So folks that it would be advantageous to live in this area and
they have the means to buy a home, there's certainly a lot of options
inside Valencia Trails.
But, you know, me personally as I'm sitting here struggling with
the decision or, I guess, weighing it, it just would seem to create
variety, as Mr. Bosi was saying, in this neighborhood and lower
traffic, and all of the other positives, it would have merit. I'd have to
hear something.
I'm leaning more towards -- I won't say I hate this project less,
which is what a lot of times I say, but I like it a lot more with the
changes. No project's going to be perfect.
You know, the comment about the daycare center, I don't know
that you guys took this daycare center and moved it over to the
school. The ability -- the chance of having two daycare centers is
what would have happened. And so not having this one means the
one that -- at the school is -- creates a little bit less traffic than if you
had both of them.
But I appreciate the stats on the homes for sale and the amounts.
It solves a little bit of my concern, which is, "Are there affordable
options in here?" And I really don't consider the people at least that
live in my district in these type of apartment complexes transient. I
meet these people all the time, and they work at NCH, they're
firefighters, some of them are retirees. I mean, it runs the gamut.
And these aren't folks that are blowing through town for eight
months. These are folks that can't afford a $1 million home, but then
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when they see the options that we have cut the ribbons on and the
things that are coming, they're salivating waiting for those things.
So that's about where I am. And I do like the changes that are
made in lowering traffic and increasing setbacks and the square
footage. But I appreciate the data, Cormac. Thank you.
MR. YOVANOVICH: I need to correct a number I gave
you-all.
COMMISSIONER LoCASTRO: Okay.
MR. YOVANOVICH: I used to think math was my strong
point, but apparently it's not. I said that we were reducing traffic
daily by 1,709. It's actually 2,709 trips that we're reducing traffic by,
and that's a 46 percent reduction from what's there today. So I
misspoke on "wildlife," and I misspoke in my math numbers, so...
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
Mr. Bosi, can you throw up that little graph that said how many
affordable housings -- yeah, that blue one. So 2022 was 924. Okay.
I got the numbers right.
I am all about affordable housing. Sat on the board over there in
the committee for two years, and I thought we did some great strides,
but to keep increasing the densities and to keep inviting more people
just so that we build those I think at some point is going to be
counterintuitive.
And to prove that, in the last -- since 2023, just in the last two
and a half years -- I'll use 2022's figures because some of those units
are just now coming on board, like -- what's the one there at
Immokalee and 75? Aspire. That's 300 and something units total.
Only, I don't know, a small percentage of them are affordable. But
that's not even -- these people are not even in there yet, so that's not
even increased -- that's not going to be on Immokalee Road yet. It's
coming shortly. But as far as the congestion that we all feel and see
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now, that's not even there.
It's been mentioned that rents are coming down. Free-market
capitalism always works; it always works. And to get ahead of that
curve, we made a valiant effort of approving over 3,188 affordable
units in the last three years. But to get to that 3,188 affordable units,
we've approved a total of 11,629. These people aren't even on the
road yet. They're approved, and they're coming.
So when we talk about reducing traffic, "we're reducing traffic,"
what we're reducing is ghost traffic. The daycare's not even built,
so -- we got what we -- we got what we got. I'll stick to it. We got
what we got. Without adding anything that's already been approved,
it's already a mess. Anything that we add in that corridor is going to
magnify the trouble.
And, you know, I love property rights. I'm all about property
rights. If you've got property rights, they're sacred to me. We're not
going to -- we're not going to remove those. And everybody has the
chance to ask to do something different, but we don't owe you a
zoning change. We don't owe, as commissioners, anything that's
been asked. We're not bound by our duty to just approve it.
And at some point in time I feel like we have to draw a line in
the sand and let's let what we have already approved come on board.
Let's let the things -- the decisions that we've made in the past, let's
let that come to fruition. Let our infrastructure catch up. Yes,
Vanderbilt extension's going to be coming on board, but
that's -- that's going to help some. It's not the magic bullet. I can
promise you that's not the magic bullet.
We -- Mr. Yovanovich, you had mentioned that we can't do
30 percent at 129 units, but we just approved the Mattson project that
was 150 units at 48 percent affordable housing, so I know that it can
be done. So that's why I was asking for -- I'm good with just to stick
with the 129 units; that's sticking to the property rights that are
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approved. If we can get to 30 percent, 20 percent -- if we can get to
an affordability element, I'm happy. And if we can't, then I'm all
about just letting it be 129 units that are there.
At 120 percent of the median income, that's getting very close to
market-rate prices. And we've seen the rents come down. As
vacancy rates rise, rents will go down.
And I mentioned that the reduction in traffic is ghost traffic.
And the 3,180 daily trips, you know, that's -- to me that's a -- that's a
dart that you throw on the wall and see which circle it lands in,
because there's no way you can figure out where people are going,
why they're going once they live there.
The CC -- the Planning Commission has approved this, call it
unanimously, call it, you know, 6-1, 5-1, whatever. They have
approved the project, staff is behind the project, but they're not the
policymakers, y'all. We are. And at some point in time we have
to -- we have to manage the growth. That doesn't mean approve the
growth and then try to manage what's coming. It means manage the
growth.
And I don't like to get the cart before the horse. And I feel like
we're beginning to get there. We've got 11,629 units that are
approved in the county that are not yet built. And out of that, we've
gotten 3,188 of them as affordable with rents coming down.
So as I mentioned before, if we keep doing the same thing, we're
going to keep getting the same results. And the results that we see
and feel on the road, especially our constituents, they're not good
results.
And so I'm going to oppose this unless -- or if -- I'm all -- I'm all
for all of the changes. I love the changes. The only thing I'm going
to oppose is the increase in density and to -- and to -- and in doing
that, I'm good with the 129 units, market-rate rents, or if you can get
to some affordability, it would even -- it would even make it better.
April 08, 2025
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CHAIRMAN SAUNDERS: My comment is similar to what
Commissioner Hall has just said. I don't disagree with him. I think
we may be at a bit of a turning point here.
I've been talking about the traffic on Immokalee Road for quite a
while now, as everybody knows. And so recognizing that this
petition would reduce the potential number of trips, it still raises the
issue of increasing density on Immokalee Road, something that I've
had some issues with for the last year or so. And so I've got some
issues with this going forward as well.
And that may be a message to the petitioner that maybe they
need some time to evaluate what you have suggested, which we can
provide to the petitioner.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Two questions, and the
first is -- has to do with the rentals. Is there specific language that
delineates the eight-month, then month-to-month, and not -- there is
specific language --
MR. YOVANOVICH: Yes, sir.
COMMISSIONER McDANIEL: -- in the document that
protects that? Because that was one of my -- that was one of my
statements that I wanted to whack, the month-to-month. I didn't want
to just allow for month-to-month rentals because that brings in a
whole myriad of circumstances.
I guess my question to my colleagues, Commissioner Hall, do
we need -- do we need to continue this item for -- because I believe
this requires four?
MR. KLATZKOW: (Indicating four.)
COMMISSIONER McDANIEL: Yes. So I think maybe we
ought to continue this item to allow for some additional dialogue with
the applicant.
One of the -- one of the things that I'm going to ask -- or for you
April 08, 2025
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to give some consideration to, Immokalee Road's a train wreck. We
all know that. It took me an hour and a half -- I drive that road every
day. It took me an hour and a half to get here this morning sliding in
sideways to make our meeting.
Now, it was raining, so there were three accidents along the
way, but the bottom line is Vanderbilt Beach's extension will be a
relief valve of Immokalee Road. Vanderbilt Beach's extension was
triggered by our GMP well in advance of any of our tenure on this
Board of County Commissioners. It was triggered by our GMP in
2006 to be constructed in 2006 for the people that had arrived by
2006 let alone all of the folks in Valencia Trails and the other 17
years of population growth that we've experienced.
So we're not fixing Immokalee Road with this development one
way or the other. Immokalee Road is a train wreck. I don't think
anybody can argue with that.
Vanderbilt Beach's extension and its completion out to 16th and
then the second phase on out to Everglades Boulevard is going to
be -- and I don't have the stats right now, but it's going to be a relief
valve to Immokalee Road and have some substantive reduction on
that traffic.
And if this becomes an either/or, I think we need to allow for the
applicant some additional time to talk. I think it's important for us to
remember if we deny this today -- and I'm counting the noses, and I
see that it would get denied if we voted on it today -- there's 2700
more trips on an already terribly constrained road system. That's just
math.
And so it would be my suggestion that we continue this item for
a future date, have some more discussions, and recall that the -- and I
agree with you, Commissioner Hall, property rights are sacred, but
we have to look above and beyond those with an application and the
change of uses that come in. The reduction in the commercial square
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footage, the elimination of the daycare facility on the site, all
total -- even though there is a density increase, the use changes
actually have a very positive impact on the over -- overall traffic on
Immokalee Road coming in and out of this development.
So my suggestion is we bump this.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I've got a quick question. You know, my math -- I've been
looking at the math here, and like I said before, you're looking at
about 19,909 square feet of reduction between the daycare and the
commercial aspect of the project. That's a savings in itself, right? I
mean, because your square footage is -- especially commercial square
footage is a lot more than residential square footage to be built.
And I know it's falling against numbers, you know. It's a
numbers game at this point. The developer's saying, listen, you
know, the cost to build these 129 units to put them out at market
value or whatever, it's just not there, or at a reduction.
Did you take into consideration by the reduction and what costs
in the construction value to what and where you can get to maybe a
number that would be more workable for my fellow commissioners?
MR. YOVANOVICH: Well -- and that's what -- and I would
appreciate the opportunity to have a continuance to -- the answer's
yes, we did -- we did the math based upon construction costs. And
we'll go back and evaluate or come back to you-all about, you know,
okay -- I'll be honest with you, what I didn't anticipate was, you
know, keep the 129 units. And maybe there's a percentage of those
that can be income restricted. I don't -- I'm -- I never say I'm
100 percent on anything, but I'm pretty sure it's not 33 percent for
for-sale product. I don't think you can compare a for-sale product to
an apartment complex and things like that from a construction -- what
it costs to build each unit, but we need to -- we need to look at -- we'll
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go look at that, and we'll see, you know, what -- and maybe we'll just
look at that.
I don't -- I don't know what the permutations may be, but we
would request the continuance to come back and, you know, look at
the numbers. And we may come back to you and say, "You know
what, vote us up or down on what we're proposing" -- and the thing
that -- you talk about property rights -- and I'm trying to continue to
answer your question is we have the right and you need to anticipate
that whatever's in this PUD will someday get built, and that is 2700
more daily trips than what we're asking to reduce it to -- it just may
take a little bit longer, and maybe we flip the affordable to someone
else to do it, and we sell it to them for next to nothing, and we just
deploy the capital somewhere else to somebody who can afford to
build those units.
And I think the goal was to put a -- at the time a pretty close to
market-rate development because the construction costs were a lot
less; 120 percent of the income meant a family of four making
roughly $120,000. Pretty close to market-rate apartments -- I'm
sorry -- condos or townhomes, whatever it was. If you'll give us
some time to look at the numbers, we'll come back to you in a couple
weeks and say, "Here's where we are. Here's the math," and then
you'll have to make a decision.
COMMISSIONER KOWAL: And I -- and I -- you know, the
reason I threw it out that way is because I know -- and now I'm on the
committee which Commissioner Hall sat on for two years. Now I'm
on it this year. And Cormac knows that there's a lot of -- we're
moving a lot of directions to get to where we have affordable
ownership of homes. I mean, that's kind of like we've got a good
formula. What they did the last two years is a great formula, and
we've been using it, and you can see the numbers have been working.
And I agree, you're using that same formula, and you're doing
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the same thing. But there was some ideas that came up -- and I don't
know if it's even possible, I mean, to look into. There was a
percentage of, like, say, a townhome in a community where a
percentage of townhomes are what they call rent to own.
And when they rent over a four-, or three-year period, then it
builds equity towards a down payment, then they find their own
financing, and then they own the home at the end of the day. It's just
some more -- more creative ways to get people into actually owning
their own dirt, you know, in this community and having some roots
here so they stay here and we're not just having people traversing
back and forth because of the jobs. It's easier to live somewhere else;
more affordable and make the same money.
But I do -- I do agree with Commissioner McDaniel. I do
believe when Vanderbilt Beach Road extension opens up, that's going
to be a game changer for a lot of these communities. I appreciate
what the public says, but I can make two right turns out of my
community and get to the same exact stores they're worried about
driving on Immokalee Road to get to from Vanderbilt Beach Road.
So that's not -- like, you don't need to Google Map it to get over to
Publix. It would be two right turns. That's pretty much it. You
know -- and I don't want to sound sarcastic, but this is reality we're
talking about.
And I know for a fact the people in that community will do that.
It's just human nature. You're not going to go to a congested road
and use a congested road when you have one you can use that is less
congested. That's just human nature.
Second, I know we always talk about when we put these
affordable workforce apartments and things like that, we have a
waiting list. The ones that we have out there right now, we have
waiting lists. People are dying to get into them. It's just fact, you
know, and they are nurses, phlebotomists, people who work in the
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hospital system, our own park people, our own -- you know, I know.
I see the ones that are actually renting some of these units, and they're
on waiting lists to get in.
I was a police officer, a young police officer when I worked up
in the northeast. I rented an apartment for two years with a newborn
baby until I could get my feet on the ground to get to a point where I
can get a down payment to actually buy a house. I mean,
that's -- that's just -- that's just what people do, you know, responsible
people do. You find a good place to live. You live there, and you
move on.
And -- but the thing with traffic -- and I just -- I'm going to make
this point. And this is just -- because there's two sides to every story.
Just because we put an extra 76 units or whatever, that doesn't mean
we're going to have 76 new people move into Collier County or work
in Collier County. What that means is from the 51-, 52,000 people
that drive into this county every morning to work and drive out of
this county every evening to leave, they will not have to get to
Immokalee Road. They will not have to get to our chokepoints along
the interstate to come in to work in this community because we
provide good jobs, and they provide good wages, but they have to
live in another county somewhere else.
What we're going to do is disburse them around the county so
they're not always using the same chokepoints to come in and out of
this county in the morning and in the evening to get out.
The traffic on Immokalee Road is because those people are
trying to get on that interstate. That's just the fact, because they're
trying to get out of here in the evening and they're trying to get here
in the morning because they have to work here. But if you have the
ability to spread these people out throughout the county -- it's the
same number. It's a numbers game. It's the same amount
of -- number of people here every day. It's just they're coming from
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somewhere else.
The reality is, if you can put them in places they can afford to
live throughout the county, they're not always going to those
chokepoints every day to traverse in and out of here.
So that's kind of the reality. So you just don't think that because
we're building apartments that are affordable that we're increasing
any population or increasing anything. We're just providing a place
for people that are already here every day to not have to make that
trip or get to Immokalee Road or get to the Vanderbilt Beach -- or, I
mean, Livingston and block those roads in the evenings to get out of
here every evening or get in here every morning. And that's the
reality.
So, you know, it's a -- it's a fine dance. And we're responsible to
try to figure it out. And, you know, it's never easy. You're never
going to satisfy everybody.
I know what the project is. The project's already approved. We
could sit back and, like you say, you get investors and this and that,
and it could be built exactly the way it's designed to be built right
now, or -- you know, I just think -- everything they asked for you
kind of did, in reality.
MR. YOVANOVICH: Yeah.
COMMISSIONER KOWAL: So, you know, I just don't want
to -- I just wanted to put it out there that we're not -- this is not going
to increase so much traffic, per se, that actually give people the
options to live different places to not have to traverse from different
places.
So that's just -- you know, it is what it is. We have to get that
mindset moving forward as a county.
We were handed a bad deal when the Estates was designed.
There was no commercial, no -- no resi- -- no light industry, nothing
in one of the largest portions of the county. It was just grid blocks of
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homeowner lots, and they had nowhere to go within their own
communities to work, school, and shop, basically.
So that's why they always have to come west. And we have to
understand that in the future we've got to be able to spread it around
so we're not always in one area trying to get to one area. It's just
reality. So I just had to put that out there.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
You know, it's been said, and we've heard it over and over -- I
know I have for the last two and a half years that I've been here -- is
that -- to add the affordability, we just can't do that. We can't afford
it. Prices have changed.
I understand that prices have changed, and there are challenges
in doing that, I totally get that, but the developers who have these
plans, they assumed that risk. The public should never assume that
risk. And it's not the public's responsibility to bail out those risks
when they're -- when they're adverse.
You know, I hear what you're saying, Commissioner Kowal,
about, you know, the affordability is not just adding more people, but
what you're -- what I want to bring out is if these 205 units are
approved, only 64 of these people are going to be moving closer to
work. The other 141 units are new people coming in.
And if we keep adding density just to get a small portion of
affordability, we're shooting ourselves in the foot. And we've done a
good job so far of approving units, and we've -- also, like I mentioned
before, all of these things that are approved, they're not -- people
aren't even living there yet. We haven't seen the effects -- the total
effects of the traffic. All we know is we feel it and we see it now.
Our constituents, it's the -- it's the number one thing that comes
to me. Hi -- Chris is a County Commissioner. "Stop building." I
mean, they just -- they get rude with it.
April 08, 2025
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And I said, "Look, a lot of these things have happened before
me, so I hear you."
But I'm fine to postpone, to come back. I'm more than glad to
see what comes up. I'm good with any change you want to make, if
you want to reduce your commercial or keep your commercial,
but -- and the reality is, the reason why the daycare went away is
because the market's not going to sustain another daycare. It's not
because they're trying to help our traffic. It's because it doesn't make
good fiscal sense to build that daycare.
So with that, I'll --
MR. YOVANOVICH: May I make a comment before the vote
on the continuance?
CHAIRMAN SAUNDERS: Just a second. Commissioner
Kowal.
COMMISSIONER KOWAL: I just -- you know, I respect you
1000 percent, Commissioner Hall, but you can't -- nobody has a
crystal ball and says -- like I said, my own story, my own life, I didn't
get a reduction-in-value apartment when I was a police officer, as a
young man. I paid the market value. I made it work, but I had to live
where I worked. That was part of -- that was -- because, you know.
So it doesn't mean that somebody, the husband and wife that's
starting out, and she's in nursing school and he's a cop, or whatever,
they won't afford a market-priced apartment, but they have
somewhere to live so they're not driving.
I have had friends that work in the Sheriff's Department who
were driving from Cape Coral every morning and every night back
with a Sheriff's car. And not until a couple years ago where the
Sheriff actually allowed them to take the cars out of the county
because he saw the problem.
These guys would like to live in the county, you know. And it's
not that they need the affordable pricing. They just want to have an
April 08, 2025
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ability to rent something or be in something to be close.
So you can't just vanilla -- vanilla and just say only the
affordable or restricted are going to be for that, and this is going to be
all new people. You can't say that either, you know. I just -- I just
want to make sure we're fair on that, so...
CHAIRMAN SAUNDERS: Mr. Yovanovich, you had a
comment.
MR. YOVANOVICH: Yeah. I just want to maybe remind
some people in the audience and maybe some of the commissioners
as well, in 2023 you-all amended the Growth Management Plan to
provide, in the Rural Fringe Mixed-Use District along Immokalee
Road, the ability to come in and ask for 12.2 units per acre. In 2023,
you were trying to encourage affordable housing to come in in that
specific corridor at 12.2 units per acre.
We're asking -- so if we were vacant land today -- forget what's
already there -- I would be coming in -- I wouldn't be asking for a
Growth Management Plan amendment. I'd be coming in and asking
for what I'm asking for today which is less than 12.2 units per acre. I
satisfied every one of the zoning criteria because I'd only be asking
for a rezone, and I could -- you'd have a hard time saying no because
we satisfied in a -- in a purely quasi-judicial arena we would be
consistent with the Growth Management Plan. I'm only here
amending the Growth Management Plan because I got here too early.
My client got here too early.
What I'm asking -- and we will go back, and we will look at the
numbers.
I would like to also echo I bet you there's a fair amount of those
people driving south in the morning and north in the afternoon that
are not affordable-housing people but would still love to live here and
can't afford a house. They would love to live in a market-rate
apartment. So I do think there will be more than just 76 units -- or
April 08, 2025
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65-unit reduction of trips.
With that, we'll go sharpen our pencils, look at the math, and
come back to you with potential changes or not. And we would
request -- do you think we can do it in two weeks or four weeks?
Four weeks. Can we continue for four weeks?
CHAIRMAN SAUNDERS: Yeah, we'll get to that, then.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I was just going to have a
short comment, and then I was going to make a motion, unless you,
Mr. Chairman, had some questions. Then I'd defer to you. I think
we're ready.
CHAIRMAN SAUNDERS: No, no, we're -- yeah, we're ready,
I think, to continue this. But I want to make sure that we're doing this
in the proper way.
So I'm going to ask the County Attorney. We're going to -- this
is going to be continued. We'll continue it to a date-certain. What is
the process in terms of public hearing? Do we open up the public
hearing again? What is the process that we would -- we would
follow? I just want to be a little bit --
MR. KLATZKOW: They're going to presumably be coming
back with a change, and I think the public should be entitled to
comment on that.
CHAIRMAN SAUNDERS: All right. All right. So what we'll
do is we'll entertain a motion to continue. When this is continued, the
public will have an opportunity to speak. Hopefully we'll have that
somewhat limited, but we'll have that full opportunity.
So I think, Commissioner McDaniel, you were about to make a
motion to continue.
COMMISSIONER McDANIEL: I'll make a motion to continue
the item for four weeks.
COMMISSIONER LoCASTRO: I second.
April 08, 2025
Page 74
CHAIRMAN SAUNDERS: All right. We have a motion and
second.
COMMISSIONER McDANIEL: Do you need a date-certain on
that? I said four weeks, but that's --
MR. YOVANOVICH: Yeah. Not this next meeting; the
meeting following.
CHAIRMAN SAUNDERS: The first meeting in May.
COMMISSIONER McDANIEL: First meeting in May for a
date-certain.
CHAIRMAN SAUNDERS: Does anybody know that date?
MR. BOSI: May 13th.
CHAIRMAN SAUNDERS: May 13th. Okay. This will be
continued to May 13th.
Any further comments?
(No response.)
CHAIRMAN SAUNDERS: And the petitioner does not object
to that continuance?
MR. YOVANOVICH: I asked for it.
CHAIRMAN SAUNDERS: Okay. We have a motion and a
second. 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: That passes unanimously.
We'll see you in four weeks, or whatever it is -- whatever
number -- amount of time is it between now and --
April 08, 2025
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MR. YOVANOVICH: May 13th. I'll see you May 13th.
CHAIRMAN SAUNDERS: Yep.
Item #11A
ACCEPT A STAFF REPORT ON THE STATUS OF SEVEN
IMPACT FEE STUDIES (ROADS, EMERGENCY MEDICAL
SERVICES (EMS), GOVERNMENT BUILDINGS,
CORRECTIONAL FACILITIES, LAW ENFORCEMENT,
LIBRARIES, COMMUNITY AND REGIONAL PARKS) AND
APPROVE THE APPROACH IN FINALIZING THESE STUDIES.
(GINO SANTABARBARA, MANAGER - IMPACT FEES) -
MOTION TO APPROVE BY COMMISSIONER SAUNDERS;
SECONDED BY COMMISSIONER MCDANIEL - APPROVED
MS. PATTERSON: Commissioners, that brings us to Item 11A.
This is a recommendation to accept a staff report on the status of
seven impact fee studies: Road, Emergency Medical Services
government buildings, correctional facilities, law enforcement,
libraries, community and regional parks, and approve the approach in
finalizing these studies.
Mr. Geno Santabarbara, your impact fee manager, is here to
present.
And I just want to put on the record before Mr. Santabarbara
begins that this item does not adopt or increase any impact fees. It's
simply setting forward the process that will follow, and we'll be back
to you at the appropriate time for adoption.
With that, Mr. Santabarbara.
MR. SANTABARBARA: Good morning, Commissioners. My
name is Geno Santabarbara. I am your impact fee manager.
I have a presentation today, or I can answer questions, whatever
April 08, 2025
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you prefer.
CHAIRMAN SAUNDERS: Well, why don't you start, and then
we'll see if there are any questions and --
MR. SANTABARBARA: Sure. I'll jump right in then.
COMMISSIONER LoCASTRO: He stole your title, Amy. I
don't know that he's the impact fee guy, right? It's still you.
MS. PATTERSON: I know. You can see me twitching already.
COMMISSIONER LoCASTRO: I know. I saw that.
MR. SANTABARBARA: My very first slide is just a quick
overview. What are impact fees? Impact fees are a one-time charge
to new development used to offset the demand created on public
facilities. Common types of impact fees include water, wastewater,
transportation, schools, and parks.
So what makes impact fees special? They are a fee, not a tax.
They must provide a benefit to the tax -- or to the fee payer. They are
very restrictive in use, and they must be segregated from all other
funds. They are very highly regulated by case law and statutes. So it
does make it very different from a normal tax.
Our objective today is to provide the Board with an update on
the impact fee studies mentioned before: Roads, EMS, government
buildings, correctional facilities, law enforcement, libraries,
community and regional parks, and we also included schools here,
and I'll talk about that in a little bit. We're also here to obtain
approval for the recommended approach to finalizing these studies.
So I just wanted to acknowledge our consultant and our legal
support. We have engaged Alfred Benesch & Company, formerly
known as Tindale Oliver. They helped us with the technical
framework and methodology for our studies. We also are working
with Nabors, Giblin & Nickerson who provided our legal compliance
review. And together, both those agencies will be assisting the
county and collaborating with the County Attorney's Office to ensure
April 08, 2025
Page 77
that we are meeting our legal requirements.
So one of the primary challenges in updating these studies has
been the need to implement new legislative requirements. So these
changes affect how our impact fees are calculated, allocated, and
applied, and they require adjustments to our methodology and our
data collection.
School impact fees. So we are working with the school district
to determine the best timing of the school impact fee. Currently, the
school requires additional hoops to jump through than the other seven
studies that we currently have. The school requires Board approval,
and we're still finalizing a little bit of data that we have on the study
for schools specifically.
Stakeholder collaboration. In the next coming months, staff will
be coordinating with Development Services Advisory Committee and
the Collier Building Industry Association to gather input from our
development community.
And staff has come up with a -- and proposing an annual update
to our impact fee schedule. We're proposing to have an annual
update of two impact fees every year and cycling through them every
four years.
As you can see, we're not going to start that until 2029 in order
to meet our -- in order to meet our legislative requirements,
specifically Bill 337 and Bill 479, which requires a four-year phasing
increase to happen first, and then we would go into our 2029 cycle
going through those and being in front of you guys every year with
two new impact fee study updates.
CHAIRMAN SAUNDERS: Commissioner McDaniel, did you
want --
COMMISSIONER McDANIEL: When he's done.
CHAIRMAN SAUNDERS: We'll wait until you're finished for
our questions.
April 08, 2025
Page 78
MR. SANTABARBARA: Okay. This approach aligns with the
Board's recent approval and direction when they approved the water
and sewer impact fee update, and it also aims to provide developers
with a more predictable financial framework while all -- ensuring all
of our legal requirements are met.
Next, I'm going to be going into our permit types. This is just a
distribution of the permit activity for impact fees. As you can see, a
large portion of our impact fee activity revolves around single-family
homes, which is roughly 74 percent of our permit activity. We have
multifamily, which is 23 percent, and the remaining 3 percent of
commercial.
Next, we wanted to give you some examples. So these are the
most commonly utilized permit types that we engage in. I do want to
make a note that schools -- we have a zero change there, but that is
not the final amount determined by the study. This is just a
placeholder until we can determine the timing for schools, but the
remaining seven impact fees have been computed as part of this -- as
part of this example.
So the first example is the single-family home under 4,000
square foot. The current fee is $23,006.29, and we're proposing a
2.52 percent increase, which would result in a 23,584 final cost in the
new proposed fee.
Next example that we have is a single-family home over 4,000
square feet under A/C. The current fee of 25,617 shows an increase
of 2.6 percent increase and a new proposed fee of 26,284.
And the next one we have is a multifamily unit, 750 feet to
1,500 square feet in a one- to two-floor building. The current fee of
12,676 would result in a 3.26 percent increase with a new proposed
fee of $13,089.26.
We also wanted to provide some commercial type examples. In
this case, retail, which is our most commonly utilized land use in
April 08, 2025
Page 79
commercial, it represents roughly 23 percent of all of our commercial
permits over the last two years. The current fee is $13.48 per square
foot with a decrease of 21.88 percent, with a new proposed fee of
$10.52 per square foot.
Next is office building. The current fee of $10.02 per square
foot would have a 16 percent increase of $1.67, resulting in a
proposed fee of $11.69 per square foot.
And the last of my examples is a general industrial building.
The current fee of $5.40 per square foot with a 1.5 percent increase,
and the new proposed fee of $5.48. So that was a pretty
short-and-sweet update.
So today we're asking to accept -- have the Board accept the
staff's update and approve the recommended approach in finalizing
the impact fees.
And with that, I will answer any questions that you may have.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Mr. Santabarbara, how are
you today?
MR. SANTABARBARA: Good, sir. How are you?
COMMISSIONER McDANIEL: Good. Good, good, good.
I would like to have a discussion with my colleagues here just
briefly. You know, you and I will sit around and argue whether -- or
arm wrestle over whether it's a tax or a fee. But at the end of the day,
this is a fee or a tax, as you care to call it, charged up front that a
first-time homeowner, commercial builder, developer, whatever, has
to pay in order to get in. And it all ultimately revolves around
affordability.
When we come back around -- Commissioner Saunders, you and
I, when we first came on board, our colleagues previous to us had
engaged the ULI to do a study about housing affordability in Collier
County. And one of my suggestions, as we move forward with
April 08, 2025
Page 80
this -- because if I'm not mistaken, this isn't coming back to us for
finalization until September.
MR. SANTABARBARA: Yes, sometime in the fall, yes, sir.
COMMISSIONER McDANIEL: Okay. So dig up that study
that the ULI did. There was some discussion there about
affordability with regard to residential and that every thousand dollar
incremental increase in the price of a house precluded 132 of our
residents, back then, from being able to afford that.
And this is an attached expense. I'm not going to call it a tax
today. But this is an attached expense to that property, whether it be
commercial or residential. If you're developing a commercial piece
of property and you have a 10,000-square-foot building and you have
to pay $120,000 worth of impact fees, in order to derive that rate of
return, if it's an expected rate of return, you're talking about having to
ask an additional $2 a square foot just to offset that upfront expense
let alone ever receive the rate of return of the money that you've
expensed out at the beginning of your development.
So my No. 1 suggestion is engage on that ULI study that was
done, update it internally -- I don't want to go hire another consultant,
but update it again just to have a -- just to have some up-to-date
information, number one.
Number 2, I'm going to suggest that we run this entire study
through the Productivity Committee as well and have the folks that
are on the Productivity Committee have a look at the methodology
and the impacts of this -- of these impact fees as we're going forward.
And then, No. 3, in regards specifically to the schools, I want
some -- I would like somebody to be having -- to have a look at how
the school is, in fact, accounting for their budgets at all. Twice in my
tenure, the school board -- the school superintendent has come to us
and asked to move money out of capital, which they're prominently
collected impact fees, and over into O&M. And I would like to -- I
April 08, 2025
Page 81
would like to have some delineation. Number 1, no one has ever
been able to share with me how their -- what their intent is to repay
back that capital, where it's coming from, and then, No. 2, how
they're actually doing their accounting.
I mean, I know we have done an enormous amount of work in
the 301 fund, the capital asset replacement and maintenance fund. I
know we have done very good appropriations -- not enough, but very
good appropriations with regard to our capital asset replacement and
maintenance funding going forward.
We have close to in excess of $2 billion worth of assets here in
Collier County. So I'd like -- as we're moving forward, especially
with the school district, I'd like to hear how they're planning on their
ultimate capital asset, both maintenance and ultimately replacement.
MR. SANTABARBARA: Thank you, sir.
Actually, I do have a comment. I just want to mention that the
county does have one of the most robust impact fee deferral programs
in the state of Florida. Last year alone, we have deferred over 100
homes for affordability working hand in hand with Habitat for
Humanity, and we have deferred over $1.3 million in impact fee
defer -- impact fee alone -- from last year alone.
And that has been a pretty consistent number that we've been
dealing with, so I would say we are probably the most, if not one of
the most robust impact fee deferral programs in the state.
CHAIRMAN SAUNDERS: Mr. Miller, do we have any
registered speakers?
MR. MILLER: We have one registered public speaker, sir.
Amelia Vasquez.
MS. VASQUEZ: Good afternoon, Commissioners. Thank you
for the opportunity to speak.
My name is Amelia Vasquez with the Collier Building Industry
Association, and on behalf of the Collier Building Industry
April 08, 2025
Page 82
Association, we appreciate the opportunity to provide input, and we'll
create a small task force, like we normally do, to discuss with
members and work with county staff, as well as we would like to
collaborate with DSAC.
That's all I wanted to say. Thank you so much.
CHAIRMAN SAUNDERS: Thank you.
All right. Any other questions from the Commission?
(No response.)
CHAIRMAN SAUNDERS: I don't see any.
You need a motion to authorize the evaluation; is that what
you're looking for?
MS. PATTERSON: Yes, sir.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER McDANIEL: So moved.
CHAIRMAN SAUNDERS: Then we need a motion to that
effect.
COMMISSIONER McDANIEL: So moved.
CHAIRMAN SAUNDERS: And I'll make that motion to get it
started.
COMMISSIONER McDANIEL: Okay. I'll second it, then.
CHAIRMAN SAUNDERS: Motion and second. Any
discussion?
(No response.)
CHAIRMAN SAUNDERS: 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.)
April 08, 2025
Page 83
CHAIRMAN SAUNDERS: That passes unanimously.
MR. SANTABARBARA: Thank you, Commissioners.
CHAIRMAN SAUNDERS: Thank you.
Item #11B
EITHER (1) APPROVE A THIRD AMENDMENT TO THE
AGREEMENT FOR SALE AND PURCHASE OF THE WILLIAMS
RESERVE PROPERTY IN IMMOKALEE, FLORIDA OR (2)
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
EXECUTE AND TRANSMIT A NOTICE OF TERMINATION TO
CANCEL THE SALE UNDER THE AGREEMENT FOR THE
SALE AND PURCHASE OF THE WILLIAMS RESERVE
PROPERTY. (TRINITY SCOTT, DEPARTMENT HEAD -
TRANSPORTATION MANAGEMENT SERVICES
DEPARTMENT) - MOTION FOR STAFF TO HAVE DISCUSSION
POINTS TO THE SELLER BY APRIL 11, 2025, AND TO
AUTHORIZE THE COUNTY MANAGER TO SIGN AN
EXTENSION OF THE INSPECTION PERIOD UNTIL APRIL 23,
2025, BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL - APPROVED
MS. PATTERSON: Commissioners, that brings us to Item 11B.
This is a recommendation to either, one, approve a third amendment
to the agreement for sale and purchase of the Williams Reserve
property in Immokalee, Florida, or two, authorize the County
Manager or designee to execute and transmit a notice of termination
to cancel the sale under the agreement for sale and purchase of the
Williams Reserve property.
Ms. Trinity Scott, department head for Transportation
Management Services, is here to present.
April 08, 2025
Page 84
MS. SCOTT: Good morning.
CHAIRMAN SAUNDERS: Good morning.
COMMISSIONER McDANIEL: Good morning.
MS. SCOTT: I'll do a very quick presentation just for the
benefit of the viewing public.
This is an aerial of the Williams property. This is in Immokalee
near Lake Trafford.
Our objective today is determine -- to determine whether the
seller's last and final offer is acceptable to the Board, and if it's not, to
ensure that the county exits the contract without a financial liability
for environmental cleanup and avoid the risks of liquidated damages
that would apply if we did not terminate prior to the inspection period
expiring.
We have been at this for a long time. We started this process
back in May of last year where we entered into a sale and purchase
agreement. That has progressed through some environmental
consultants being brought on board and environmental assessments
being completed.
Ultimately, at the March 25th meeting, we came asking for a
two-week extension to allow both parties to continue to negotiate,
and unfortunately, on April 1st, we received the seller's last and final
proposed amendments. And unfortunately, the Board agenda went to
print the following day. We thought that we were close if we had had
the opportunity to continue some negotiations.
So therefore, where we're at is, from a staff recommendation,
recommending termination because some of the items were not
desirable to the county.
So I'm going to quickly -- quickly go through some of those
items that are in the third amendment. The considerations are: It's
been determined that remediation's necessary due to the
environmental conditions on the property, and our -- prior to this
April 08, 2025
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board meeting, we were discussing whether or not the seller would
conduct those remediation efforts or whether or not the county
would.
So here's some key terms of the third agreement is that the
inspection period waiver would expire upon the execution of the third
amendment. The environmental waiver indemnification, the seller
would not be liable for contamination or environmental problems
discovered post closing.
The seller would decide whether they would remediate. If they
chose not to, the county would need to either waive the contingencies
and close without a reduction in the purchase price or terminate the
agreement within 15 days of the seller's election without penalty.
If the seller chose to remediate and the county failed to close,
the county must pay the seller liquidated damages of $500,000.
DEP oversight, the third amendment does not specify that FDEP
must approve the remediation results but requires the remediation to
meet state residential standards.
Surface water testing, that the county could conduct limited
surface water testing within 45 days of execution of the third
amendment, but the seller would not be held liable for those findings.
And the existing leases could be extended for the agricultural leases
on the property. As mentioned previously, the seller's indicated that
this is their last and final offer.
And as Ms. Patterson indicated in the beginning, our
recommendation is to either accept the terms and approve the third
amendment as proposed by the seller or authorize the County
Manager or designee to execute and transmit a notice of termination
to cancel the sale of the agreement.
CHAIRMAN SAUNDERS: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Mr. Chair, I'm going to
ask a favor of -- the seller is here. That's Mr. Williams sitting back
April 08, 2025
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there. Can I -- can I bring him to the podium?
CHAIRMAN SAUNDERS: Sure, sure.
COMMISSIONER McDANIEL: I'm not scared. Come on up.
CHAIRMAN SAUNDERS: Good morning.
MR. WILLIAMS: Good morning, gentlemen. My name is
James Williams. Better known as Jamie.
COMMISSIONER McDANIEL: How you doing today,
Mr. Williams?
My question to you is this -- and again, we're at -- we're
being -- we're -- this board is in a predicament that we either have to
cancel our contract for that purchase or we potentially could extend
it, and that's the simple question for you today.
If the family's offer back is best and final and this is it, then you
leave us virtually no choice but -- I can't recommend that this board
go on with the transaction.
So my question to you is if -- would you entertain an extension
of the current contract that we have and allow for some negotiations
to transpire between now and then? And it's a relatively short-term
time I'm talking about here, sir.
I'm told that we can come back to you by April 11th, which is in
three days. We can -- you have to get your -- because you have to get
your response back to us by April the 15th, which allows us then to
get it loaded up and onto the Board for our April 22nd board meeting.
There are -- so I'm told by our staff, there are some things in
your final offer to us that we can live with, and there are some things
that we can't live with. One of the things that we can't live with is
that 15-day window that's in there for either cancellation or closing,
just because we can't move in 15 days. This isn't me and you doing a
transaction. This is the Board of County Commissioners and the
public process.
And so my ask of you today is -- and I'm ready to make the
April 08, 2025
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motion. If you can't -- and I understand. If you can't extend the
agreement, I'm fine, we're fine, but if you can sit still for an extension
under those terms that I delineated, then we can move this forward
and have another discussion.
MR. WILLIAMS: I'd like to thank the County Commissioners
this morning. The invocation -- I'm going to just step off the subject
here for a second. The invocation this morning was -- I like going to
public meetings and we have a prayer.
COMMISSIONER McDANIEL: Amen.
MR. WILLIAMS: And I commend you guys for sticking to
that.
COMMISSIONER McDANIEL: Remind me to tell you a story
about when I was running for office, and I'll -- you'll be happy to hear
about it.
MR. WILLIAMS: I don't think -- listen, we have
extensions -- we started in this project with a 90-day close, we
thought. We're approaching a year now, and we're looking for
another extension. I can tell you this: If -- and this is where our
roadblock is. I think the staff and I, through our negotiations with
our family, have got to the point where the only stickling part is the
DEP involvement in reviewing the remediation. If that's going to
continue, and that's going to be mandated, which all our consultants
and our legal team says that's not applicable to sell the property. It's
not a requirement that DEP get involved.
And we said we would mitigate, and we're still waiting to get
information, right. So there's -- the reason I'm saying is I want to
make sure, if we're going to talk about the DEP, then we're not
interested in going any further.
COMMISSIONER McDANIEL: There -- may I speak?
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER McDANIEL: There's a plan. There is a plan
April 08, 2025
Page 88
internally with regard to the circumstances that you're talking about
with regard to the entire transaction. We just need a minute to
breathe and come back to you with the suggestions that have been
talked internally amongst our staff, and that's prominently -- I can't
tell you today without all of the information coming out that -- we
don't need to have that discussion today whether or not that
that's -- that is accomplishable.
If, in fact, the proposition that comes back to you by April 11th
and your response by April 15th is not satisfactory, we will cancel the
agreement on April 22nd or 23rd, whenever our second meeting in
April is.
But there -- there has been internal discussions amongst -- I'm
not allowed to talk to these fellows --
MR. WILLIAMS: Right.
COMMISSIONER McDANIEL: -- about what we're doing, but
amongst our senior staff as to what could accomplish, I think, where
you're looking to go.
MR. WILLIAMS: Okay.
COMMISSIONER McDANIEL: So the ask is can you extend,
or is this drop-dead?
MR. WILLIAMS: Listen, we have worked with the staff in this
process for a long time, and extending three or four more days is fine,
if you-all need to -- if you-all need that time to make sure you're clear
about what your expectations are.
COMMISSIONER McDANIEL: Yes.
MR. WILLIAMS: Because there's -- you know, we have
flopped back and forth a lot between what y'all's expectations were
from the staff and what we've actually been brought to bear. So if
three or four more days will give you that clarity, then we'll step back
three or four more days.
CHAIRMAN SAUNDERS: We have a couple other
April 08, 2025
Page 89
commissioners lit up here.
Is -- Ms. Ashkar, are you going to be talking about this issue?
Are you the right person for questions? So if you'd come on up.
Commissioner Hall -- because I do have a couple questions for
the County Attorney.
COMMISSIONER HALL: I guess I -- my main question is is
it's obvious to me, if you don't want the FDEP involved, is there some
things that the FDEP may find that you don't want or that you don't
want them digging -- putting their nose in. That's my first
inclination.
MR. WILLIAMS: And I would -- if I was sitting there, I would
say the same thing. Really, the FDEP has, for us, what the -- where it
is, it's an 18-month to two-year process to close.
COMMISSIONER HALL: That's understandable.
MR. WILLIAMS: Right. And so that would be for us. And
we're not the developer. The developer's required to have an FDEP
audit. That's the county. That's not me. And so we're just saying
that's not a requirement that we feel that should be burdened by us as
the seller. We've already agreed -- in fact, we don't have all the data
yet to do the remediation to figure out how much it's going to cost.
COMMISSIONER HALL: Sure. That's a fair answer. And I
appreciate that.
MR. WILLIAMS: Yes, sir.
COMMISSIONER HALL: I mean, that's the right answer.
I guess my next question is, you said that if you -- if you choose
to remediate, that the contamination levels would be below the state's
cleanup targets; is that the same as FDEP?
MR. WILLIAMS: There's -- and your staff, I'm sure, can -- I'm
not a very eloquent speaker. We'll just start that right out. There's
certain thresholds for residential development that are required to
meet. That is the most stringent development criteria for these -- for
April 08, 2025
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these naturally occurring substances that we've found. Arsenic isn't a
radioactive element; it's just a naturally occurring element that's
slightly elevated above the state residential requirement. We said we
would mitigate back to that level. The reason we said we may or
may not choose to do it is until I know how much it's going to cost,
I'm not going to say I'm going to do it. And at this point I don't have
all the data, and I don't have all the information to make that
prediction going forward.
And right now, the way it stands, it's all on me. This is
not -- this is -- this is a preclosing remediation, which means I've got
to come out of my pocket and put it on the table and get all this
cleaned up for the county to buy it, and I'm not willing to do that until
I know what it costs, and then I can make the decision. Does it make
economic sense for me to clean it, or is it that we're done, and y'all
don't want it? And we don't want to sell it, so...
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, I was prepared to make
a motion, unless there are other questions.
CHAIRMAN SAUNDERS: I did have a couple questions for
the County Attorney, and also Commissioner LoCastro has some
questions.
MS. ASHKAR: Good morning.
CHAIRMAN SAUNDERS: Good morning.
I know you're not with the real property department, so you may
not be able to answer this, and maybe Mr. Klatzkow can as well.
What I want to make sure we're doing is doing the same thing
that a commercial buyer would be doing. In other words, I don't want
to -- you know, if DEP, from a reasonable developer standpoint, has
to be involved, then that's what I would want to do. I don't want to
do something that is not normally done in the commercial market.
So my question is, what would be your advice in terms of how
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to handle these environmental issues based on your experience about
what a normal developer would require?
MS. ASHKAR: Thank you, Commissioner. Sally Ashkar,
assistant county attorney, for the record.
It depends on a couple things. It's not so much what's
commercially reasonable. It's about having the property ready to be
developed. In this case, that's what your staff wants is to have this
property ready to go. And we've been advised that that's inclusive of
the DEP review of this parcel, and so that's currently where the
county staff position is at with that.
Whether or not it would be commercially reasonable in other
aspects, I can't really speak to because it just depends on the use of
the property.
CHAIRMAN SAUNDERS: Okay. And then there's a
discussion of a three or four days' continuance. I don't know what
that means.
MS. ASHKAR: It would have to be a two-week continuance
until your next board meeting, and what that would do is it would
extend your due diligence period an additional two weeks, and that
gives us the opportunity to put together a more comprehensive
amendment between now and then.
CHAIRMAN SAUNDERS: And just for the record, perhaps
one day after that meeting.
Ms. Patterson, what would be the date again for the next
meeting?
MS. PATTERSON: April 22nd.
CHAIRMAN SAUNDERS: April 22nd. So the continuance
would be till midnight on April 22nd.
MS. ASHKAR: Yes, or April 23rd, yes, sir.
CHAIRMAN SAUNDERS: All right. So at that point, we
would have an opportunity to terminate without loss of a deposit or
April 08, 2025
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anything?
MS. ASHKAR: Yes, sir. And historically what we've done
when we've done extensions is we've done the day after the Board
meeting, and the reason for that is so that we can deliver a
termination notice if needed and be compliant with our notice
provisions in the contract.
CHAIRMAN SAUNDERS: All right. Commissioner
McDaniel.
COMMISSIONER McDANIEL: Yes. Well, I'd like to make a
motion for that extension until April 23rd. I'd like to specify that the
county will have discussion points to the seller by April 11th, and
that -- I see you getting in a huddle over there. Do I need to adjust
this?
MS. SCOTT: (Shakes head.)
COMMISSIONER McDANIEL: No. And that the
county -- and that the seller will respond -- if the seller doesn't
respond by the April 15th date, it doesn't matter. We're coming back
on the 22nd and canceling the transaction. So dictating when you
have to respond is not part of my motion.
So the county will have a -- the county will have their responses
to you -- the county will have their responses to you by April 11th.
MR. WILLIAMS: April the 11th.
COMMISSIONER McDANIEL: April the 11th. And we will
extend this inspection period until April the 23rd. That's my motion.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I just had a quick question for
clarification. So the real long pole in the tent or the real conflict is
paying for the environmental remediation, correct, sir?
MR. WILLIAMS: Ask that -- I'm sorry. I didn't understand
what you said.
COMMISSIONER LoCASTRO: So the real -- the real -- you
April 08, 2025
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know, I would say the real speed bump or the real challenge here is
you paying for the environmental remediation, right?
MR. WILLIAMS: No.
COMMISSIONER LoCASTRO: I mean, that --
MR. WILLIAMS: No, sir. That's not been -- that's not been the
statement. We started out -- and if I've got the floor for just a second.
COMMISSIONER McDANIEL: You do.
MR. WILLIAMS: We started out we were going to close
with -- as-is, the property, and then we moved to that we had to -- at
the county's insistence, we had to close into escrow. That was a
necessity and a -- that they sent back as per requirement. So we
agreed for that.
We go forward three or four months, and now it's mandated we
can't close in escrow. We must close pre -- we must remediate
preclosing. So it shifted me to use my money to do this, which is
okay. We feel like the contaminations that we see are low level, and
we're not worried about them.
But at the end of the day, the main thing is the DEP
involvement, is that extension in time out 18 months to two years is
unacceptable, and it's not a requirement as a seller. The remediation
isn't either, but we've agreed we will make that term work for the
county. We understand their anxiety about a piece of farmland, and
we're good with doing the remediation once we get all the
information to make that decision. But we're not good with the DEP
and their involvement because of that time --
COMMISSIONER LoCASTRO: But no analysis has been done
on that property so that we know exactly about what the remediation
costs? Like you said, you assume it to be minimal, but until
somebody really gives us a number, do we not have that number, an
estimate?
MR. WILLIAMS: I do not, because I don't have all the -- listen,
April 08, 2025
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I don't have all the step-out data.
COMMISSIONER LoCASTRO: Right.
MR. WILLIAMS: -- that the county was going to do on the
spots they identified. They've never done -- they've never done the
step-out testing.
I actually talked to Commissioner McDaniel. I drove the well so
they could get water samples. They've never pulled water samples.
So I think there's some points here that are sticking with me
about the -- how much it's going to cost, because I don't have the
information to make the decision. I can't -- you know, gut feeling is
it's going to be okay, but I want to be sure I'm looking at the data and
looking at how much the projected costs will be before we move
forward, and we don't have that information.
COMMISSIONER LoCASTRO: Got it. Thanks.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Mr. Williams, how long do you
think it will take you to get that information?
MR. WILLIAMS: Lord knows if I move 10 times faster than
you-all, it could take me two months. I don't know the answer to that
right off the top of my head. I know we've got sites identified from
Atkins that need to have step-outs done, and we've got to get
organized and get those step-outs done, get those soil samples sent
out. We've got sites identified that need to have water samples
pulled.
So it's not a 10-day process. It's a couple-month process. And
we're all good with that, and we're all good with that time lag. We're
just not good with the DEP, because that's another 18 months, two
years, and it's just not worth it to us to go through all that.
COMMISSIONER HALL: Totally understandable. In the
end --
MR. WILLIAMS: And I don't -- if I was a -- you know, asked
April 08, 2025
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about a transactional business. Is it -- a commercial developer
would -- and we actually said we would stay away from -- I forget
how they word them. You block out the area of concern, and you
don't develop it. A commercial developer would hit the spots we've
hit and just block them out and move on and put a parking lot over
these spots, right? We're -- the county wants it clean for us, which is
fine. We're good with that. We think that's a fair offer, and we'll do
that.
COMMISSIONER HALL: Well, in the end, I think that we're
interested in purchasing, you're interested in selling. I think you
understand our needs, and we certainly understand yours.
MR. WILLIAMS: Yep.
COMMISSIONER HALL: I think with a little -- because of the
nature of our beast, we can't talk with each other. This is the only
chance we get.
MR. WILLIAMS: Right.
COMMISSIONER HALL: So that's the timing issue, and I
appreciate everything you've said.
MR. WILLIAMS: Right. Listen, the candor is we've
worked -- and the staff would say the same thing. We've worked
with you guys to make this deal work. It's a good deal for both of us,
so -- and we don't want to in any way jeopardize it.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I'm stuttering. I made my
motion.
CHAIRMAN SAUNDERS: Any public comment?
MR. MILLER: We do. We have one registered speaker, Josh
Evans.
COMMISSIONER McDANIEL: You're going to let the lawyer
talk?
MR. EVANS: I'm the engineer, so don't worry.
April 08, 2025
Page 96
COMMISSIONER McDANIEL: Oh, okay.
MR. EVANS: Josh Evans, for the record, J.R. Evans
Engineering.
And I'll be brief because Jamie -- Mr. Williams covered a lot of
the things that I was going to cover.
One thing is the Williams family's been a -- I think they're my
second client, and we've been in business for 15 years. And when we
looked at this property originally, it's just a perfect opportunity for
ecological restoration and water storage. I mean, it collects all the
water from Immokalee because it goes into Lake Trafford. So it's an
incredible opportunity for a piece of property that would love to see
something different done on it as opposed to just a residential
development, and the opportunity for public use is great. So I
appreciate the opportunity to continue the conversation.
On the DEP, you know, Mr. Williams alluded -- you know,
we're talking about just to put -- I worry that things have gotten out of
scale. You know, the contamination that we found is on a little
maintenance facility that's about a quarter acre, and it's from tomato
stakes being burned. So this is on a 2200-acre property, and this is all
that's been found. So to put that in scale, I mean, we're talking about
a minuscule amount of remediation, but no one's put a number on it
yet. So it's not going to be huge, and I don't think that's going to end
up being the issue.
You know, the other half of my business does Land
Development Code projects, and when you would typically go
through the DEP process for remediation, which is rare that it
elevates to that level, it's done through -- you know, when you go to
develop the property, you're going to have to do an RLSA zoning.
You're going to have to do a Site Development Plan. You're going to
have to get a Section 404 Corps permit. Those things are 18 to 24
months. That's when you would typically also do this concurrent
April 08, 2025
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DEP process, not prior to closing on a property.
And then just to, you know, put that in perspective, they're going
to do the remediation prior to closing that should meet all those
standards. So it should be more of a procedural event that occurs
after closing, not, you know, the dirt getting turned and removed and
whatever the remediation is. That will occur before closing, and it's
going to meet those residential standards that Mr. Williams
commented on. And those are the most stringent, so you should be
able to do anything you want on the property.
And I think he also referred to institutional controls, which
we've agreed not to do, which are, just like he said, if you've got a
little hot spot, you put asphalt over it, and it goes away. But we're
not even suggesting doing that as remediation.
So just wanted to put those couple things on record as things that
we'll probably redress when we meet again, but thanks for your time.
CHAIRMAN SAUNDERS: All right. So we have a motion.
Ms. Scott, do you have something to add? Trinity?
MS. SCOTT: I do have one clarification, if the motion maker
would authorize our County Manager to sign that extension for the
inspection period to go to April 23rd for -- to extend the sales
agreement to authorize our County Manager to sign that.
COMMISSIONER McDANIEL: Absolutely.
MS. SCOTT: Thank you.
CHAIRMAN SAUNDERS: Yeah, I believe that was in the
motion.
COMMISSIONER McDANIEL: Subliminally.
CHAIRMAN SAUNDERS: Do we have a second?
COMMISSIONER KOWAL: And some hem-haws.
COMMISSIONER HALL: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. And just for clarification, it's going to be to extend the
April 08, 2025
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inspection period until April 23rd so that if there is a termination
between now and April 23rd, the county will have no exposure in
terms of liquidated damages or any other things.
MR. KLATZKOW: Does Mr. Williams agree with that? Just to
wear my suspenders with my belt.
CHAIRMAN SAUNDERS: Yep. The question is, is that
consistent with --
MR. WILLIAMS: That's my understanding of what you -- I
heard the motion and agree with waiting -- basically it's going to be
the next County Commission meeting, it will be a thumbs up, thumbs
down.
CHAIRMAN SAUNDERS: Correct.
MR. WILLIAMS: Or we should have a contract in place we
both agree to or don't agree to by then, and it will be thumbs up,
thumbs down.
CHAIRMAN SAUNDERS: All right. We've got 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.
Do you gentlemen want to take a short break, or do you want to
just go ahead and finish? We only have a few minutes left.
COMMISSIONER McDANIEL: I'm fine with working --
CHAIRMAN SAUNDERS: All right. Ms. Patterson, then we'll
press on.
April 08, 2025
Page 99
Item #12A
RESOLUTION 2025-78: APPOINT THREE MEMBERS TO THE
COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE -
MOTION TO APPROVE THE THREE APPOINTEES AS
DISTRICT 1, 2, AND 3 REPRESENTATIVES BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Yes, sir.
That brings us to Item 12A. This is a recommendation to
appoint three members to the County Government Productivity
Committee.
County Attorney Klatzkow.
CHAIRMAN SAUNDERS: I'll make a motion to approve. We
just have three people --
MR. KLATZKOW: No, it's not a motion to approve. You've
got -- the reason this is not on consent is because you have choices to
make.
CHAIRMAN SAUNDERS: I'm sorry. I thought that -- all
right. That's right.
MR. KLATZKOW: If I can get the executive summary on the
monitor. You've got a number of positions that are open. You've got
at-large positions, and you have district representative positions.
Your choices are either to accept these applicants, not accept these
applicants, accept an applicant as a district representative, or accept
the applicant as an at-large.
CHAIRMAN SAUNDERS: All right. Did everybody
understand that?
COMMISSIONER McDANIEL: No.
CHAIRMAN SAUNDERS: Or did anybody?
April 08, 2025
Page 100
Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, how many places are
open? How many positions are open on the Productivity Committee?
MR. KLATZKOW: There are two vacant at-large seats and five
district representative seats that expired March 9th.
COMMISSIONER McDANIEL: Okay. And so the two that are
reapplying are district specific?
MR. KLATZKOW: Yes, sir.
COMMISSIONER McDANIEL: And then Mr. Lykos is either
a replacement for a district specific or an at-large?
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: So, technically, we can
approve all three of these?
MR. KLATZKOW: You can technically approve all three of
these as district representatives, yes.
COMMISSIONER McDANIEL: Well, I'll make that motion.
COMMISSIONER LoCASTRO: Yeah, I'll second it. That
makes the most sense. Put them in district-specific seats.
CHAIRMAN SAUNDERS: We have a motion and a second.
Now, will that give us the complete --
MR. KLATZKOW: Yes, that's fine. Just need four votes for it,
that's all.
CHAIRMAN SAUNDERS: All right. 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.)
April 08, 2025
Page 101
CHAIRMAN SAUNDERS: That passes unanimously.
MR. KLATZKOW: Thank you.
COMMISSIONER HALL: Now, that still leaves two at-large
and two district seats.
MR. KLATZKOW: And we continue to advertise.
COMMISSIONER McDANIEL: If you would let us know
which district seats are open. I think District 5 did open up, but I'm
not sure.
COMMISSIONER HALL: It looks like 4 and 5.
COMMISSIONER LoCASTRO: Four and 5.
MR. KLATZKOW: Four and 5 are open.
COMMISSIONER LoCASTRO: And then two at-large, is that
what you said?
COMMISSIONER HALL: Yes.
MR. KLATZKOW: And two at-large. And, you know, you can
recruit people for this. It's often best.
CHAIRMAN SAUNDERS: All right. Moving right along.
Item #15A
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: Commissioners, that brings us to Item 15,
staff and commission general communications.
Item 15A is public comment on general topics not on the current
or future agenda by individuals not already heard during previous
public comments in this meeting.
Troy, do we have anybody?
MR. MILLER: We have no one.
Item #15B
April 08, 2025
Page 102
STAFF PROJECT UPDATES
MS. PATTERSON: All right. Item 15B is staff project updates.
We actually do not have any today.
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
That brings us to Item 15C, staff and commission general
communications, and I actually have nothing.
County Attorney.
MR. KLATZKOW: Nor do I.
MS. PATTERSON: Commissioners?
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I just wanted to say how great it is to work with you fellows up
here every other two weeks.
I think we picked some people for our Productivity Committee,
and we pretty much kicked everything down the road today. But no,
I think it's for a good reason. I think it's for a good reason. I think
we need more time and more detail on these projects to make a better
informed decision. So I think that was a good -- I think what we did
was the right thing to do.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: I have nothing. Thank you.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, I have two things, and if
I may belabor the point just one moment. Just on the previous
discussion point with the Williams Farm, there's a myriad of funding
April 08, 2025
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sources that are coming for that acquisition. We have Conservation
Collier, we have Roads and Bridges, we have Parks and Rec, we have
Housing. So four different funds are where those monies can, in fact,
be coming from to effectuate that transaction, and I just wanted to
explain that.
Number two, some residents in Eastern Collier County suffered
a terrible tragedy a couple of weeks ago. There was a fire. Young
couple, burnt their house to the ground. I would like -- and I've
learned after the fact that the county can't -- doesn't have a process in
place to either reimburse or waive tipping fees for -- there was about
$4,200 worth of debris that had to be hauled away from their home
when it was burnt to the ground.
And so one of my thoughts was to work with the County
Attorney, bring back an ordinance to establish a fund and, per our
favorite County Manager, having sufficient bumpers around it so that
it doesn't get taken advantage of too awful much, but to allow for
assistance and relief for people that do, in fact, suffer a tragedy such
as this. I don't want to open it up for all natural disasters or anything
along those lines. This was a special circumstance.
I was contacted by the contractor that was doing the clearing. I
was told that the fees could be waived. Then I was told that they
can't be waived.
And so we're making out other arrangements, but I -- and I don't
know if these -- this young couple has insurance. I know they've got
a lot of -- relatively speaking, when you lose everything, you lose
everything. I know that the Collier County Fair stepped up and has
assisted them extensively. I know I was able to help with -- because
you know I served on the board of directors at Goodwill for 25 years.
You can buy a lot of stuff for $250 at a Goodwill store.
So bottom line is I would like to hear if you have -- are in the
mood to allow me to establish this new fund and allow it to be
April 08, 2025
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applied to in the event that someone suffers a loss.
CHAIRMAN SAUNDERS: So you would bring back an
ordinance --
COMMISSIONER McDANIEL: Absolutely.
CHAIRMAN SAUNDERS: -- that would be duly advertised. I
certainly have no objection to taking a look at it.
MR. KLATZKOW: Yeah. And I'll need to work with Mr. Finn
on this.
COMMISSIONER McDANIEL: And if you have any
comments that can help direct me in preparation of this ordinance, let
the County Attorney know because we're not allowed to talk.
COMMISSIONER HALL: Can the case -- can we do it case by
case?
COMMISSIONER McDANIEL: It would be a case by case. It
would be a fund -- and just oversimplify --
CHAIRMAN SAUNDERS: Oh, you're in trouble now.
COMMISSIONER McDANIEL: What?
MS. KINZEL: I don't want to interrupt.
COMMISSIONER McDANIEL: Good. Well, you already
have. What do you want?
MS. KINZEL: Just a caution. I had taken a look at this. We
have to be very cautious about public purpose. My counterpart up in
Escambia is just now qualifying some commission actions regarding
individual discretionary spending on private purpose. So I want to
just caution on that, having heard about this. So just as a
consideration, before we do a lot of work on it, maybe we should
have some more discussion. You and I can talk about it.
COMMISSIONER McDANIEL: We'll make sure that there's
definitely public -- public purpose involved so that we can get
through the process, so...
COMMISSIONER HALL: Crystal, I've got a question for you,
April 08, 2025
Page 105
just when it's my turn.
MS. KINZEL: Okay. Go ahead. Sorry.
CHAIRMAN SAUNDERS: Are you finished, Commissioner
McDaniel?
COMMISSIONER McDANIEL: As long as -- are we still okay
with me going forward with it?
CHAIRMAN SAUNDERS: Yeah.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I've got a couple questions.
But if this turned out to be a great idea and it was doable, where
could the money come from? Are there very specific pots that it can
and can't come from? I have a feeling the answer's always yes.
MS. KINZEL: I'm struggling -- I'm struggling with the concept
because it is an individual private property, and I understand it may
even be part of a trust. These are private things. You don't know if
the person has insurance. I mean, I'm just throwing these off the top
of my head.
To create it for one individual in a certain circumstance, you are
opening it up. And what is the purpose, then, for the entire county
when you're waiving the fees that would otherwise support entire
county functions? I mean, I haven't thought it all the way through,
obviously, but those are some of the concerns I would have about
finding a course that would be applicable.
COMMISSIONER LoCASTRO: And consistently applicable,
yeah.
MS. KINZEL: Right.
CHAIRMAN SAUNDERS: Yeah. I think it's just an effort for
Commissioner McDaniel to investigate whether this is plausible. I
agree with you --
MS. KINZEL: I'll talk to him.
April 08, 2025
Page 106
CHAIRMAN SAUNDERS: -- that doing something like this
can be very difficult, but it's worth taking a look at.
MS. KINZEL: And now -- just one thing just popped into my
head, but individuals now have a large capacity to do things like
GoFundMe, public -- serving the public, not a government issue, and
that just came to me also as we're talking. But thank you.
COMMISSIONER LoCASTRO: Lastly, I was just going to say
that that piece of property, Mr. Williams' piece of property, I think it
would be highly advantageous for us to acquire it, and I think it just
goes without saying. I'm probably looking at Trinity. You know, as
he said, he feels like the can has been kicked a little bit, and it's gone
back and forth and everything. We're giving him sort of, and us, one
last chance with a little bit more time.
I would say let's not lose this property over something small, or
let's make sure when we take the time to bring him back here, it's not
just a yay or nay. I mean, it would be great if it is. But if it's not,
let's, you know, maybe have a couple of options that we can, you
know, talk about.
And hopefully you will talk with him about those before the
meeting, and so it will be a quick yay or nay. But, boy, I really
would love to acquire that piece of property. Like Commissioner
McDaniel said, there's several pots of money we can dip into, and it's
really in a very strategic location environmental-wise, better than
maybe even a couple of the other lots we've bought in the past that
still were valuable, but this one is really a golden nugget that's going
to come and go very quickly. So hopefully we can reach an
agreement.
But that's all I have.
CHAIRMAN SAUNDERS: All right. I just have one item.
Commissioner McDaniel, we've received a couple letters from
Michele Lenhard and from Brad Cornell concerning the new
April 08, 2025
Page 107
appraisal process for the Conservation Collier properties. At the time
it sounded like it would be a fairly -- you had some ideas that would
be a fairly quick fix.
Do you have any idea of when this appraisal process that you've
recommended will be coming back?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN SAUNDERS: And in the interim, is there any
way to move forward with some of the acquisitions that are being
held up?
COMMISSIONER McDANIEL: April 22nd.
CHAIRMAN SAUNDERS: All right. So April 22nd we'll have
the --
COMMISSIONER McDANIEL: Our next Board meeting, we'll
have those adjustments. It was a relatively simple -- I was trying to
look at you. He keeps leaning in. It was a relatively -- yeah. It was a
relatively simple adjustment to -- to the methodology.
CHAIRMAN SAUNDERS: Because, obviously, the committee
is concerned about the process being held up. That's all.
COMMISSIONER McDANIEL: Yeah. And, certainly, it's not
my intent to hold up the process and, certainly, if Conservation
Collier -- I mean, we have the beginning and end process, and these
contracts -- or the agreements that are in place that are coming
through the system, if they're under the old way and the Board
approves them -- we've been approving them under the old
way -- that's not the end of the world. So there's no reason to delay
any transactions -- this proposition going forward.
CHAIRMAN SAUNDERS: I don't know if this is something
that would be of benefit to the CCLAC, but would it be okay for a
communication to Brad Cornell and Michele Lenhard that if there are
properties that have already been evaluated and they've been ready to
bring them to the Board under the old process, that they can go ahead
April 08, 2025
Page 108
and continue to do that until we have the new process in place?
COMMISSIONER HALL: I wasn't even aware of a freeze.
CHAIRMAN SAUNDERS: Yeah. There's been a freeze, so...
COMMISSIONER McDANIEL: Well, it was a -- it was
a -- forgive me for interrupting. But it was a -- it was a circumstance
of staff not wanting to move knowing that we were adjusting the
purchasing process.
And with that in mind, Mr. Chair, just let it be known we're
looking at these acquisitions differently than we had in the past.
Even though they were done under the old ordinance, we're having
a -- we have a different look at how we're going forward. So whether
or not we approve them is --
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER McDANIEL: -- yet to be determined.
CHAIRMAN SAUNDERS: So, then, the manager can notify
CCLAC that if there are properties that are ready for consideration by
the Board and they're only being held up because of a proposed new
appraisal process that we're going to be taking a look at in a few
weeks, that they can go ahead and bring those properties to us?
MS. PATTERSON: Yes, sir.
CHAIRMAN SAUNDERS: All right. Great. Then I have
nothing else.
COMMISSIONER HALL: I just have one comment.
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER HALL: I did want to add that, subliminally,
this was a great meeting.
CHAIRMAN SAUNDERS: Any other subliminal thoughts?
COMMISSIONER McDANIEL: A lot, but I'm not allowed to
say --
CHAIRMAN SAUNDERS: Okay. Some things we can't say
out loud.
April 08, 2025
Page 109
All right. We are adjourned. Thank you.
*****
****Commissioner Kowal moved, seconded by Commissioner Hall,
and carried that the following items under the consent and summary
agendas be approved and/or adopted****
Item #16A1
RESOLUTION 2025-70: RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE
IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT
DEDICATIONS, FOR THE FINAL PLAT OF GREYHAWK AT
GOLF CLUB OF THE EVERGLADES PHASE 2, APPLICATION
NUMBER PL20160000470, AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITY IN THE AMOUNT OF
$333,686.03 – THE GROWTH MANAGEMENT DEPARTMENT
INSPECTED THE IMPROVEMENTS ON JANUARY 30, 2025
Item #16A2
RESOLUTION 2025-71: RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE
IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT
DEDICATIONS, FOR THE FINAL PLAT OF ISLES OF COLLIER
PRESERVE PHASE 1, APPLICATION NUMBER PL20120001474,
AND AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $165,174.75 – THE GROWTH
MANAGEMENT DEPARTMENT INSPECTED THE
IMPROVEMENTS ON JANUARY 27, 2025
April 08, 2025
Page 110
Item #16A3
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $359,960 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20220000760 FOR WORK ASSOCIATED WITH GROVES AT
ORANGE BLOSSOM - THE DEVELOPMENT REVIEW
DIVISION INSPECTED THE LAKES ON FEBRUARY 18, 2025
Item #16A4
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $29,000 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20220003292 FOR WORK ASSOCIATED WITH BENTLEY
VILLAGE – 64 UNIT MULTI-FAMILY BUILDINGS - THE
DEVELOPMENT REVIEW DIVISION INSPECTED THE LAKES
ON FEBRUARY 5, 2025
Item #16A5
RECORDING THE PLAT OF AVALON NORTH AT AVE
MARIA—MODEL PARK (APPLICATION NUMBER
PL20240009216), APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT, AND
APPROVAL OF THE PERFORMANCE SECURITY IN THE
AMOUNT OF $2,683,025.57 - LOCATED IN SECTION 33,
TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTION 4,
TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA
April 08, 2025
Page 111
Item #16A6
FIRST AMENDMENT TO THE AGREEMENT FOR SALE AND
PURCHASE FOR THE SYMPHONY PROPERTIES, LLC, TO
EXTEND THE DUE DILIGENCE PERIOD TO AUGUST 18, 2025,
AND THE CLOSING DATE DEADLINE TO OCTOBER 17, 2025,
OR WITHIN THIRTY DAYS OF THE PURCHASER'S RECEIPT
OF ALL CLOSING DOCUMENTS, WHICHEVER IS LATER, TO
PROVIDE ADDITIONAL TIME FOR THE COUNTY TO
COMPLETE THE ENVIRONMENTAL INVESTIGATIONS OF
THE PROPERTIES - THE AGREEMENT ALLOWED THE
COUNTY TO PURCHASE 150 ACRES IN NORTH BELLE
MEADE UNDER THE CONSERVATION COLLIER PROGRAM
Item #16A7
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR THE CLUB AT BAREFOOT BEACH, PL20240014368 -
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE BY STAFF ON FEBRUARY 14, 2025
Item #16A8
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR
ESPLANADE BY THE ISLANDS - PHASE 3I, PL20240010530 -
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE BY STAFF ON DECEMBER 23, 2024
April 08, 2025
Page 112
Item #16A9
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE SEWER UTILITY FACILITIES FOR
TOLLHOUSE FLEX-SUITES, PL20250000192 - FACILITIES
WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE BY
STAFF ON FEBRUARY 7, 2024
Item #16A10
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR
TERRENO AT VALENCIA GOLF AND COUNTRY CLUB PHASE
2D, PL20240010448 - FACILITIES WERE FOUND TO BE
SATISFACTORY AND ACCEPTABLE BY STAFF ON JANUARY
15, 2025
Item #16B1
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 TWO YEARS, WITH THREE OPTIONAL ONE-
YEAR RENEWALS, AND ADJUST THE ANNUAL RENTAL
AMOUNT IN ACCORDANCE WITH THE EXISTING 2.5%
ESCALATION CLAUSE - ANNUAL RENT FOR JUNE 1, 2025,
THROUGH MAY 31, 2026 WILL BE $91,960.00, TO BE PAID IN
April 08, 2025
Page 113
MONTHLY INSTALLMENTS OF $7,663.33, AND UTILITY
CHARGES
Item #16B2
SELECTION COMMITTEE’S RANKING FOR REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 24-8313, “DESIGN
SERVICES FOR EVERGLADES BLVD WIDENING FROM OIL
WELL RD TO VANDERBILT BEACH RD EXT,” AND
AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS
WITH THE TOP-RANKED FIRM, JACOBS ENGINEERING
GROUP INC., SO THAT STAFF CAN BRING A PROPOSED
AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT
A FUTURE MEETING - THE COUNTY PLANS TO ACQUIRE
THE NECESSARY RIGHT-OF-WAY ALONG EVERGLADES
BOULEVARD
Item #16B3
THE CHAIRMAN TO EXECUTE AN AGREEMENT TO
PROVIDE PARTIAL FUNDING IN THE AMOUNT OF
$399,772.00 TO THE GREATER NAPLES FIRE AND RESCUE
DISTRICT, A SPECIAL DISTRICT CREATED BY LAWS OF
FLORIDA, CHAPTER 2014-240, FROM REVENUE DERIVED
FROM THE GAC TRUST FUND-LAND SALES, TO PURCHASE
A WATER TENDER TRUCK, AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENT
Item #16B4
WORK ORDER WITH APTIM ENVIRONMENTAL &
April 08, 2025
Page 114
INFRASTRUCTURE, LLC, TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES FOR 2026-2027 LOCAL
GOVERNMENT FUNDING REQUEST UNDER CONTRACT NO.
18-7432-CZ FOR TIME AND MATERIAL NOT TO EXCEED
$28,462, AUTHORIZE THE CHAIRMAN TO EXECUTE THE
WORK ORDER, AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (FUND 1105, PROJECT NO. 90065) -
FOR COLLIER COUNTY’S SHORE PROTECTION PROJECTS
Item #16B5
WORK ORDER WITH HUMISTON & MOORE ENGINEERS TO
PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
THE 2025 VANDERBILT BEACH RENOURISHMENT PROJECT
AND 2025 PELICAN BAY BEACH RENOURISHMENT UNDER
CONTRACT NO. 18-7432-CZ FOR TIME AND MATERIAL NOT
TO EXCEED $143,811, AUTHORIZE THE CHAIRMAN TO
EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM
Item #16B6
WORK ORDER WITH APTIM ENVIRONMENTAL &
INFRASTRUCTURE, LLC, TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES FOR THE 2025 NAPLES BEACH
RENOURISHMENT PROJECT UNDER CONTRACT NO. 18-
7432-CZ FOR A LUMP SUM FEE OF $149,010.40, AUTHORIZE
THE CHAIRMAN TO EXECUTE THE WORK ORDER, AND
MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM
(FUND 1105, PROJECT NO. 90068)
April 08, 2025
Page 115
Item #16B7
HIGHEST BID OF $1,370,000 CASH WITH NO
CONTINGENCIES FROM RCAMS ADVISERS, LLC, TO
SECTION 125.35, FLORIDA STATUTES, FOR PROPERTY
OWNED BY COLLIER COUNTY LOCATED AT 16140 AND
16144 PERFORMANCE WAY, AUTHORIZE THE CHAIRMAN
TO SIGN THE STANDARD REAL ESTATE SALE AGREEMENT
AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE
TO TAKE ALL ACTIONS NECESSARY TO CLOSE ON THE
SALE
Item #16B8
AGREEMENT FOR THE PURCHASE OF RIGHT OF WAY
(PARCEL 1374FEE) REQUIRED FOR THE VANDERBILT
BEACH ROAD EXT – PHASE 2 PROJECT (PROJECT NO.
60249). ESTIMATED FISCAL IMPACT: $80,681.00 - EXTEND
VANDERBILT BEACH ROAD FROM 16TH STREET NE TO
EVERGLADES BOULEVARD; PROVIDE SIDEWALKS; A
SHARED USE PATHWAY; BIKE LANES; DRAINAGE; AND
RELATED IMPROVEMENTS
Item #16B9
RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER
NO. 1, ADDING A TOTAL OF TWENTY-ONE DAYS UNDER
AGREEMENT NO. 23-8157 WITH QUALITY ENTERPRISES
USA, INC., FOR THE “GREEN BOULEVARD BICYCLE LANES
(LAP)” PROJECT, AND AUTHORIZING THE CHAIRMAN TO
SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO.
April 08, 2025
Page 116
33849)
Item #16B10
CERTAIN RIGHT-OF-WAY IMPROVEMENTS AND ONGOING
MAINTENANCE RESPONSIBILITIES FOR SEYCHELLES
AVENUE BETWEEN SUNSET BLVD. AND SANTA BARBARA
BLVD., AND TO ENTER INTO A LANDSCAPE MAINTENANCE
AGREEMENT WITH SEYCHELLES MASTER CONDOMINIUM
ASSOCIATION, INC.
Item #16B11
AMENDMENT NO. SIX TO AGREEMENT NO. 18-7382,
PROFESSIONAL SERVICES AGREEMENT FOR COLLIER
AREA TRANSIT FIXED ROUTE, DEMAND RESPONSE, AND
TRANSIT OPERATIONS MANAGEMENT SERVICES, WITH MV
TRANSPORTATION, INC., TO INCORPORATE RATES AND
EXERCISE THE SECOND RENEWAL TERM FOR A FIVE-
MONTH PERIOD
Item #16B12
MEMORANDUM OF AGREEMENT FOR THE BONITA ESTERO
RAIL TRAIL (BERT) WITH THE CITY OF BONITA SPRINGS
AND THE VILLAGE OF ESTERO TO MEMORIALIZE
COOPERATIVE EFFORTS BETWEEN ALL PARTIES FOR THE
ACQUISITION OF THE SEMINOLE GULF RAILWAY
CORRIDOR, AND AUTHORIZE (1) THE CHAIRMAN TO SIGN
THE MOA; (2) COMMISSIONER HALL TO PARTICIPATE IN A
WORKING GROUP; AND (3) PARTICIPATION IN PRE -
April 08, 2025
Page 117
ACQUISITION COSTS NOT TO EXCEED $100,000
Item #16C1
BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, AWARD A REQUEST FOR QUOTE UNDER
AGREEMENT NO. 20-7800, “AIR RELEASE VALVES
REPLACEMENT PROGRAM-PINE RIDGE ROAD - GROUP 9,”
TO QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF
$441,830, APPROVE AN OWNER’S ALLOWANCE OF $75,000,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
PURCHASE ORDER. (PROJECT NO. 70272)
Item #16C2
BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, AWARD INVITATION TO BID (“ITB”) NO.
24-8264R, “GOLDEN GATE CITY WATER TREATMENT PLANT
DEMOLITION,” TO REMI COMPANIES, LLC, IN THE AMOUNT
OF $759,250.00, APPROVE AN OWNER’S ALLOWANCE OF
$75,000.00, APPROVE THE NECESSARY BUDGET
AMENDMENT, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT. (PROJECT NO. 70263)
Item #16C3
BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, APPROVE A BUDGET AMENDMENT FOR
April 08, 2025
Page 118
THE WATER DIVISION IN THE AMOUNT OF $254,000 TO
REDISTRIBUTE EXISTING DIVISION FUNDS TO COVER THE
COSTS ASSOCIATED WITH THE INCREASED PURCHASE OF
BULK WATER (FUND 4008) - THE ANTICIPATED
COMPLETION DATE FOR ALL SERVICE REPLACEMENTS IS
DECEMBER 2025
Item #16C4
BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, APPROVE THE SELECTION
COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN
CONTRACT NEGOTIATIONS WITH THE TOP-RANKED FIRM,
BOWMAN CONSULTING GROUP, LTD, INC., RELATED TO
REQUEST FOR PROFESSIONAL SERVICES NO. 25-8335, “CEI
SERVICES FOR THE GOLDEN GATE WASTEWATER
TREATMENT PLANT (WWTP) EXPANSION,” SO THAT STAFF
CAN BRING A PROPOSED AGREEMENT BACK FOR THE
BOARD’S CONSIDERATION AT A FUTURE MEETING.
(PROJECT NO. 70243)
Item #16C5
BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, APPROVE THE BUDGET AMENDMENT
AND PURCHASE ORDER IN THE AMOUNT OF $399,600 TO
REALLOCATE FY25 WASTEWATER DIVISION BUDGET
FUNDS FOR THE PURCHASE OF THREE VEHICLES FOR THE
NORTHEAST SERVICE AREA INTERIM WASTEWATER
April 08, 2025
Page 119
TREATMENT PLANT. (FUND 4008)
Item #16C6
CHAIRMAN TO SIGN THE CERTIFICATION OF FINANCIAL
RESPONSIBILITY, AS REQUIRED BY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR THE
RENEWAL OF THE OPERATING PERMIT FOR THE DEEP
INJECTION WELL SYSTEM AT THE COLLIER COUNTY
NORTH REGIONAL WATER TREATMENT PLANT
Item #16D1
CHAIRMAN TO SIGN A FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
COLLIER COUNTY AND MHP COLLIER LTD FOR THE
DEVELOPMENT OF AFFORDABLE HOUSING TO REFLECT
THE PROJECT NAME CHANGE. (SHIP GRANT FUND 1053)
Item #16D2
CHAIRMAN TO SIGN A MOU BETWEEN COLLIER COUNTY
AND COLLIER HEALTH SERVICES, INC., (CHSI) D/B/A
HEALTHCARE NETWORK OF SOUTHWEST FLORIDA, TO
SUPPORT THE LOW-INCOME POOL PROGRAM FOR HEALTH
PREVENTION AND MEDICAL SERVICES FOR UNINSURED
AND UNDERINSURED LOW-INCOME COLLIER RESIDENTS
Item #16D3
BUDGET AMENDMENT TO RECOGNIZE INTEREST EARNED
April 08, 2025
Page 120
IN THE AMOUNT OF $3,626.54 FOR OCTOBER 2024
THROUGH DECEMBER 2024 ON ADVANCED LIBRARY
FUNDING RECEIVED FROM THE FLORIDA DEPARTMENT OF
STATE TO SUPPORT LIBRARY SERVICES FOR THE USE OF
COLLIER COUNTY RESIDENTS
Item #16D4
CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE
AGREEMENT BETWEEN COLLIER COUNTY AND THE
FLORIDA DEPARTMENT OF COMMERCE TO AMEND THE
CDBG-CV CONTRACT 22CV-E19 FOR THE CONSTRUCTION
AND EXPANSION OF THE COLLIER SENIOR CENTER -
GOLDEN GATE FACILITY TO EXTEND THE PERIOD OF
PERFORMANCE FROM MARCH 31, 2025, TO MARCH 31, 2026.
(FUND 1835, PROJECT NO. 50219)
Item #16D5
RESOLUTION 2025-72: RESOLUTION AUTHORIZING
APPROVAL OF A SUBSTANTIAL AMENDMENT TO COLLIER
COUNTY'S U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) ANNUAL ACTION PLANS FOR
PROGRAM YEARS 2022-2023 AND 2024-2025 TO: (A)
REALLOCATE HOME FUNDS TO ALIGN WITH PROJECT
SCHEDULES AND EXPENDITURES, (B) ASSIGN HOME
PROJECT DELIVERY COSTS, (C) REPROGRAM $1,000,000 OF
CDBG FUNDS TO COLLIER COUNTY REDEVELOPMENT
AGENCY IN THE BAYSHORE GATEWAY TRIANGLE CRA TO
PURCHASE TWO CONTIGUOUS LOTS TO DEVELOP A
NEIGHBORHOOD PASSIVE PARK; (2) AUTHORIZE THE
April 08, 2025
Page 121
CHAIRMAN TO EXECUTE THE APPROVED EMERGENCY
SOLUTIONS GRANT RAPID UNSHELTERED SURVIVOR
HOUSING (RUSH) SF 424 APPLICATION FOR FEDERAL
ASSISTANCE, CERTIFICATIONS AND ASSURANCES AND
SUBMIT TO HUD TO ACCEPT A SPECIAL ALLOCATION
FROM HUD IN THE AMOUNT OF $731,570 FOR THE
EMERGENCY SOLUTIONS GRANT RAPID UNSHELTERED
SURVIVOR HOUSING (RUSH) PROGRAM FOR CITIZENS IN
AREAS AFFECTED BY HURRICANE HELENE OR
HURRICANE MILTON, AND (3) AUTHORIZE TRANSMITTAL
OF THE SUBSTANTIAL AMENDMENT TO HUD
Item #16D6
CHAIRMAN TO SIGN THE STATE HOUSING INITIATIVES
PARTNERSHIP SUBORDINATION AGREEMENTS AND ALL
NECESSARY LOAN DOCUMENTS BETWEEN COLLIER
COUNTY AND MHP FL VII, LLLP IN THE AMOUNT OF
$1,246,600.80 TO FURTHER AFFORDABLE HOUSING
INITIATIVES THROUGH AN IMPACT FEE LOAN FOR NEW
CONSTRUCTION OF RENTAL HOUSING UNITS AT THE EKOS
CADENZA DEVELOPMENT. (SHIP GRANT FUND 1053)
Item #16D7
CHAIRMAN TO SIGN A MEMORANDUM OF
UNDERSTANDING BETWEEN COLLIER COUNTY AND
MCDOWELL HOUSING PARTNERS COLLIER, LTD., FOR THE
OPERATION OF THE COMMUNITY AND HUMAN SERVICES
SENIOR NUTRITION PROGRAM. (HUMAN SERVICES GRANT
FUND 1837)
April 08, 2025
Page 122
Item #16D8
CHAIRPERSON TO SIGN ONE SUBRECIPIENT AGREEMENT
#CD-CV21-09 BETWEEN COLLIER COUNTY AND COLLIER
HEALTH SERVICES, INC., D/B/A HEALTHCARE NETWORK,
IN THE AMOUNT OF $225,000 TO DEVELOP A COMMUNITY
HEALTH PLAN UTILIZING HOUSING AND URBAN
DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG-CV) FUNDS. (HOUSING GRANT FUND 1835)
Item #16D9
CHAIRMAN TO SIGN COMMUNITY DEVELOPMENT BLOCK
GRANT SUBRECIPIENT AGREEMENT #CD23-03 BETWEEN
COLLIER COUNTY AND RENAISSANCE HALL SENIOR
LIVING, LLLP IN THE AMOUNT OF $329,706.00 FOR
PRECONSTRUCTION COST ASSOCIATED WITH PHASE II
SENIOR RENTAL HOUSING. (HOUSING GRANTS FUND 1835)
Item #16D10
RESOLUTION 2025-73: RESOLUTION, THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM LOCAL HOUSING
ASSISTANCE PLAN FOR FISCAL YEARS 2025-2026, 2026-2027,
AND 2027-2028, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ASSOCIATED RESOLUTION, CERTIFICATION, AND
INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES,
AUTHORIZE STAFF TO SUBMIT TO THE FLORIDA HOUSING
FINANCE CORPORATION AND AUTHORIZE THE
CONVERSION OF TWO (2) CURRENT TIME-LIMITED GRANT-
April 08, 2025
Page 123
FUNDED POSITIONS TO REGULAR POSITIONS TO
CONTINUE SUPPORT ALL HOUSING PROGRAMS (SHIP
FUND 1053)
Item #16D11
CHAIRMAN TO SIGN A STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) SPONSOR AGREEMENT FOR NEW
CONSTRUCTION ASSISTANCE WITH HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. (SPONSOR), AND
AUTHORIZE THE CHAIRMAN TO RELEASE THE SPONSOR’S
PROMISSORY NOTE AND MORTGAGE FOLLOWING
CONSTRUCTION AND UPON SALE TO AN ELIGIBLE
HOMEBUYER. (GRANT FUND 1053)
Item #16D12 - Continued to the April 22, 2025, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AWARD THE REQUEST FOR
PROPOSAL NO. 24-8280, SERVICES FOR SENIORS, TO
SOUTHERN HOME CARE SERVICES, INC., D/B/A ALL WAYS
CARING HOMECARE; PERSONAL RESPONSE
CORPORATION; ELEVEN ASH, INC., D/B/A HEALTH FORCE;
HOME HEALTH CARE RESOURCES, CORP.; AND ALWAYS
THERE HOME HEALTHCARE, INC., AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS.
(HUMAN SERVICES GRANT FUND 1837)
Item #16E1
THE ADMINISTRATIVE REPORT PREPARED BY THE
April 08, 2025
Page 124
PROCUREMENT SERVICES DIVISION FOR VARIOUS
COUNTY DIVISIONS’ AFTER-THE-FACT PURCHASES
REQUIRING BOARD APPROVAL IN ACCORDANCE WITH
PROCUREMENT ORDINANCE NO. 2017-08, AS AMENDED,
AND THE PROCUREMENT MANUAL IN THE AMOUNT OF
$646.63
Item #16E2
BOARD, PURSUANT TO SECTION 274.06, FLORIDA
STATUTES, APPROVE THE SALE AND DISPOSAL OF
SURPLUS ASSETS VIA PUBLIC AUCTION ON APRIL 25 AND
APRIL 26, 2025
Item #16F1
RENEW THE ANNUAL CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (COPCN) FOR MEDTREK
MEDICAL TRANSPORT INC., TO PROVIDE CLASS 2
ADVANCED LIFE SUPPORT (ALS) INTER-FACILITY
TRANSPORT AMBULANCE SERVICE FOR A PERIOD OF ONE
YEAR
Item #16F2
BUDGET AMENDMENTS FOR THE FACILITIES
MANAGEMENT DIVISION IN THE AMOUNT OF $781,087.05
TO REALLOCATE COUNTY WIDE CAPITAL PROJECTS
FUNDING FROM THE SECURITY EQUIPMENT
REPLACEMENT (50299) AND FIRE LIFE SAFETY (52163)
PROJECTS TO THE CARD ACCESS UPGRADE (PROJECT NO.
April 08, 2025
Page 125
50318)
Item #16F3
AFTER-THE-FACT PAYMENT IN THE AMOUNT OF $29,656.49
TO APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC,
FOR THE CAXAMBAS PARK BULKHEAD, DOCK AND BOAT
RAMP REHABILITATION PHASE 2 PROJECT UNDER
AGREEMENT NO. 18-7432-CZ, AND FIND THIS
EXPENDITURE HAS A VALID PUBLIC PURPOSE
Item #16F4
RESOLUTION 2025-74: RESOLUTION TO ADOPT THE 2025
LOCAL MITIGATION STRATEGY (LMS) AS A PART OF THE
STATUTORY UPDATE REQUIREMENTS FOR THE
COMPREHENSIVE EMERGENCY MANAGEMENT PLAN
Item #16F5
AWARD INVITATION TO BID (“ITB”) NO. 24-8324,
“HURRICANE IAN REPAIRS - VANDERBILT BEACH DUNE
WALKOVERS,” TO INFINITE CONSTRUCTION, LLC., IN THE
AMOUNT OF $262,503.60, AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENT
Item #16F6
RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER
NO. 3 FOR A 120-DAY TIME EXTENSION FOR THE “COLLIER
COUNTY JAIL FIRE ALARM REPLACEMENT” PROJECT
April 08, 2025
Page 126
UNDER AGREEMENT NO. 22-8018 WITH NATIONAL
SECURITY FIRE ALARM SYSTEMS, LLC. (PROJECT NO.
50237)
Item #16F7
RESOLUTION 2025-75: 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
SUMMARIES.)
Item #16F8
2025 STRATEGIC PLAN WITH THE INCLUSION OF MINOR
CHANGES BASED UPON DIRECTION RECEIVED AT THE
STRATEGIC PLAN WORKSHOP ON MARCH 4, 2025
Item #16H1
RESOLUTION 2025-75A: THE BOARD EXTEND THE EAST OF
951 AD HOC ADVISORY COMMITTEE FROM AUGUST 15,
2025, TO APRIL 8, 2026
Item #16J1
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
April 08, 2025
Page 127
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS IN THE
AMOUNT OF $34,867,533.03 WERE DRAWN FOR THE
PERIODS BETWEEN MARCH 13, 2025, AND MARCH 26, 2025,
PURSUANT TO FLORIDA STATUTE 136.06
Item #16J2
BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF APRIL 2, 2025
Item #16J3
THE USE OF $10,000 FROM THE CONFISCATED TRUST
FUNDS TO SUPPORT THE FLORIDA FBI NATIONAL
ACADEMY ASSOCIATES, INC (FBINAA)
Item #16K1
RESOLUTION 2025-76: APPOINT THREE MEMBERS TO THE
HALDEMAN CREEK DREDGING MAINTENANCE ADVISORY
COMMITTEE – REAPPOINT ROBERT WOPPERER, APPOINT
JACK BONZELAAR EACH TO A FOUR-YEAR TERM
EXPIRING ON MARCH 13, 2029. APPOINT EDWARD KOVACH
TO FILL THE REMAINDER OF A VACANT TERM EXPIRING
MARCH 13, 2026
Item #16K2
RESOLUTION 2025-77: APPOINT WILLIAM REAGAN AS A
April 08, 2025
Page 128
MEMBER TO THE HOUSING FINANCE AUTHORITY – TERM
EXPIRING ON SEPTEMBER 11, 2026
Item #16K3
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT IN
THE AMOUNT OF $87,000 PLUS $5,280 IN STATUTORY
ATTORNEY FEES FOR THE TAKING OF PARCEL 1356FEE
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K4
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT IN
THE AMOUNT OF $40,000 PLUS $12,421.44 IN STATUTORY
ATTORNEY AND EXPERT FEES AND COSTS FOR THE
TAKING OF PARCEL 1310FEE REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249
Item #16K5
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT IN
THE AMOUNT OF $62,850 PLUS $11,912.28 IN STATUTORY
ATTORNEY AND EXPERT FEES AND COSTS FOR THE
TAKING OF PARCEL 1370FEE REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249
Item #16K6
EXPENSES IN THE AMOUNT OF $297,000 FOR MEDIATION
AND ARBITRATION SERVICES RELATING TO THE
April 08, 2025
Page 129
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60249, NOW PENDING IN THE TWENTIETH JUDICIAL
CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA FOR TWO
MEDIATORS, INCLUDING LARRY GENDZIER, ESQ. AND
TONY RODRIGUEZ, ESQ., AND TO AUTHORIZE THE
COUNTY ATTORNEY’S OFFICE AND THE TRANSPORTATION
MANAGEMENT SERVICES DEPARTMENT TO WORK WITH
ADDITIONAL MEDIATORS AS NECESSARY
Item #16L1
BOARD OF COUNTY COMMISSIONERS ACTING AS THE
COMMUNITY REDEVELOPMENT AGENCY BOARD, AWARD
INVITATION TO BID (“ITB”) NO-24-8233, IMMOKALEE
SIDEWALK PHASE III PROJECT, TO MARQUEE
DEVELOPMENT, INC. IN THE AMOUNT OF $1,101,179.50,
APPROVE AN OWNER’S ALLOWANCE OF $85,000, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT
Item #16L2
BOARD OF COUNTY COMMISSIONERS AUTHORIZE A
BUDGET AMENDMENT OF $34,859 TO REALLOCATE FUNDS
WITHIN HALDERMAN CREEK MSTU FUND (1631) IN
SUPPORT OF A BATHYMETRIC SURVEY
Item #17A
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
April 08, 2025
Page 130
RESTRICTIONS ON REAL PROPERTY FOR THE 10.01-ACRE
PROPERTY KNOWN AS CASA SAN JUAN DIEGO, LOCATED
AT 133 HANCOCK STREET, IMMOKALEE, IN SECTION 4,
TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA
*****
April 08, 2025
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:21 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
134,tea€4".4.
BURT SAUNDERS, CHAIRMAN
ATTEST
,� CRYSTAL K. KINZEL, CLERK
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These minutes appr ved by the Board on I l 3 I)-C
as presented 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 131