Agenda 05/13/2025 Item # 2B (April 08, 2025, BCC Minutes)April 08, 2025
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:
ALSO PRESENT:
Chairman: Burt L. Saunders
Dan Kowal
Chris Hall
Rick Locastro
William L. McDaniel, Jr.
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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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
9:00AM
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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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 Ill Pledge of
Allegiance: Glenn Brown, CAPT US Navy Veteran JAGC
2. AGENDAAND 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 comer 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 comer 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
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.
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 31,
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 13 7 4 FEE) 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.
18-73 82, 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 ofUnderstanding (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 CD BG-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 183 5, 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 ofCDBG
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 183 7)
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 183 7)
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 131 0FEE
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 13 70FEE
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.
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 4 7 South, Range 29
East, Collier County, Florida.
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18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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April 08, 2025
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#IA
INVOCATION: PASTOR JOE NEGRON -GROW CHURCH
SOUTH NAPLES Ill 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
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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 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.
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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 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
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
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April 08, 2025
Healthcare, Inc., and authorize the Chairman to sign staffs
agreement. This item is being moved at staffs 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.
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
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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 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. Ifwe could get a
motion to approve today's regular, consent, and summary
judgment as amended.
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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.)
CHAIRMAN SAUNDERS: That passes unanimously.
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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) (Staffs Requests)
Notes:
TIME CERTAIN ITEMS:
4/4/2025 7:57 PM
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Item #2B
FEBRUARY 11, 2025, BCC MEETING MINUTES -MOTION TO
APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO
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.
Item #4A
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.
PROCLAMATION DESIGNATING APRIL 2025 AS NATIONAL
CHILD ABUSE PREVENTION MONTH. TO BE ACCEPTED BY
LINDA GOLDFIELD, CHIEF EXECUTIVE OFFICER, YOUTH
HAVEN -MOTION TO APPROVE BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER KOWAL
MS. PATTERSON: That brings us to Item 4A,
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proclamations.
Item 4A is a proclamation designating April 2025 as
National 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. Ifwe 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, ifwe 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.
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Item #5A
April 08, 2025
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
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 SA WYER, 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
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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 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 Wolff or 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
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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 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 Magi Quest 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
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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 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
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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 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.
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April 08, 2025
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 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,
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April 08, 2025
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 tum 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
CURRENTORFUTUREAGENDA
MS. PATTERSON: With that, we are at public
comments on general topics not on the current or future
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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 Sheriffs 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
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April 08, 2025
library. In 10 days at the library and 15 days total, we
received nearly 20 --excuse 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.
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April 08, 2025
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.
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 Sheriffs Office have both expressed
interest in the library property. It would be interesting to
know why both the Pelican Bay Foundation and the Sheriffs
Office believe that the library property may be slated for
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April 08, 2025
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.
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
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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 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
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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.
Item #9A
Thank you.
CHAIRMAN SAUNDERS: Thank you. All right.
We'll move on to Item No. 9.
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
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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
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.) -MOTION TO CONTINUE ITEM TO THE MAY 13,
2025, BCC MEETING BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER LOCASTRO
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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 9 A 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 the southwest comer 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 comer of
Immokalee Road and Catawba Street, approximately
1.6 miles west of Wilson Boulevard in Section 29,
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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.
Slf.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Meetings and emails,
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 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.
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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, it would cost more
to build the unit than what they could sell them for. So the
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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
7 6 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
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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 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
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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 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 tum 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 staffs
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recommendation and went down to the 205 dwelling units.
And with that, unless you have questions of me about
the overview, I'll tum 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. 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
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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 5 0 feet.
There's no significant changes to the commercial
development standards, but we did add language to allow for
no setbacks and buff er 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.
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
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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 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
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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
comer, and then within the residential, in this area here with,
again, a minimum 30-foot setback.
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
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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.
And then I'm going to get into some massing views.
This is from Immokalee Road looking south, southeast
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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?
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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
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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.
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 ofmy 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?
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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.
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 7 6 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
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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. 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
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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.)
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
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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
amendments of changing, rezoning, building heights,
reducing normal buff er 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.
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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 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
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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
Sheriffs 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
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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
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the 129 home-owned residences 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
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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 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.
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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, 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.
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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.
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
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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 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
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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 --
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.
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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 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
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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, I'll give you an opportunity to, but no
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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
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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, 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
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unanimously recommended approved of the change. Your
staffs 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 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
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selection, all of these things is required as part of the
wildlife mitigation plan. So we went to the modem --
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 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.
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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 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-tum 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-tum, come back to their light,
and come back into their community.
And so --and so my thoughts are ifwe 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
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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 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
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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 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
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lS.
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.
Typically, we rely on traffic experts to give us
testimony regarding traffic impacts, and your own staff have
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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
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serving the missing middle.
I can't do anything about housing prices. They're up.
The 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 staffs 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, ifwe 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
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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 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,
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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 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.
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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 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.
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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 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
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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 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.
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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 approved. If we
can get to 30 percent, 20 percent --if we can get to an
affordability element, I'm happy. And ifwe can't, then I'm
all about just letting it be 129 units that are there.
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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.
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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
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additional dialogue with the applicant.
One of the --one of the things that I'm going to
ask --or for you 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
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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 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 fell ow commissioners?
MR. YOVANOVICH: Well --and that's what --and I
would appreciate the opportunity to have a continuance
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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 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,
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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 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 oftownhomes 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,
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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 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
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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
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
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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 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
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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.
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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 Sheriffs Department
who were driving from Cape Coral every morning and every
night back with a Sheriffs car. And not until a couple years
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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 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
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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 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
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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.
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
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April 08, 2025
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--
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
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MS. PATTERSON: Commissioners, that brings us to
Item 11 A. 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. SANT ABARBARA: 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 you prefer.
CHAIRMAN SAUNDERS: Well, why don't you start,
and then we'll see if there are any questions and --
MR. SANT ABARBARA: 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. SANT ABARBARA: My very first slide is just a
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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 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
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April 08, 2025
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.
MR. SANTABARBARA: Okay. This approach aligns
with the Board's recent approval and direction when they
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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
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examples. In this case, retail, which is our most commonly
utilized land use in 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. 5 2 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 staffs 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.
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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 this --because if
I'm not mistaken, this isn't coming back to us for finalization
until September.
MR. SANT ABARBARA: 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
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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
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. SANT ABARBARA: 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
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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 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.
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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.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. SANT ABARBARA: Thank you, Commissioners.
CHAIRMAN SAUNDERS: Thank you.
Item #llB
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
CANCELTHESALEUNDERTHEAGREEMENTFORTHE
SALE AND PURCHASE OF THE WILLIAMS RESERVE
PROPERTY. (TRINITY SCOTT, DEPARTMENT HEAD -
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April 08, 2025
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
MS. PATTERSON: Commissioners, that brings us to
Item 1 lB. 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.
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
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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 ifwe 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 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
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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 off er.
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 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.
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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 motion. If you can't --and I understand. If you can't
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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?
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CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER McDANIEL: There's a plan.
There is a plan 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
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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
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
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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 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
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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, ifDEP, 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 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.
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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 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
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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 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
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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, 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
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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 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
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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. EV ANS: I'm the engineer, so don't worry.
COMMISSIONER McDANIEL: Oh, okay.
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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
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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 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.
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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 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.
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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.
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
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
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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?
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.
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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.)
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
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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
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 l 5C, staff and commission
general communications, and I actually have nothing.
County Attorney.
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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 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
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April 08, 2025
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 applied to in the event that someone suffers a loss.
CHAIRMAN SAUNDERS: So you would bring back
an ordinance --
CO MMIS SI ONER McDANIEL: Absolutely.
CHAIRMAN SAUNDERS: --that would be duly
advertised. I certainly have no objection to taking a look at
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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, just when it's my tum.
MS. KINZEL: Okay. Go ahead. Sorry.
CHAIRMAN SAUNDERS: Are you finished,
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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.
CHAIRMAN SAUNDERS: --that doing something
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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
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item.
Commissioner McDaniel, we've received a couple
letters from Michele Lenhard and from Brad Cornell
concerning the new 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
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April 08, 2025
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
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 .
lS --
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
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April 08, 2025
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.
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 #16Al
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 GREYHAWKAT
GOLF CLUB OF THE EVERGLADES PHASE 2, APPLICATION
NUMBER PL20160000470, AND AUTHORIZE THE RELEASE
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April 08, 2025
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
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
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April 08, 2025
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
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
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April 08, 2025
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 WATERAND SEWER FACILITIES FOR
ESPLANADE BY THE ISLANDS -PHASE 31, PL20240010530 -
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE BY STAFF ON DECEMBER 23, 2024
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
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April 08, 2025
SATISFACTORY AND ACCEPTABLE BY STAFF ON JANUARY
15 2025
Item #16Bl
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, FORAN
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
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
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April 08, 2025
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 &
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-CZFOR TIMEANDMATERIALNOT
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April 08, 2025
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 FORA 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)
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.
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April 08, 2025
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.
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,ft,TC!t'
Item #16Bl 1
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
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April 08, 2025
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-
ACQUISITION COSTS NOT TO EXCEED $100,000
Item #16Cl
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
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April 08, 2025
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
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
DECEMER 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
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April 08, 2025
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
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 #16Dl
CHAIRMAN TO SIGN A FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
COLLIER COUNTY AND MHP COLLIER LTD FOR THE
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April 08, 2025
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
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)
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April 08, 2025
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
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
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April 08, 2025
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) _
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
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April 08, 2025
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-
FUNDED POSITIONS TO REGULAR POSITIONS TO
CONTINUE SUPPORT ALL HOUSING PROGRAMS. (SHIP
FUND 1053) _ _
Item #16Dl 1
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 # 16D 12 -Continued to the April 22, 2025, Meeting (Per Agenda
Change Sheet)
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April 08, 2025
Item #16El
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
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, 202.1 _
Item #16Fl
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
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April 08, 2025
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.
(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
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April 08, 2025
RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER
NO. 3 FOR A 120-DAY TIME EXTENSION FOR THE "COLLIER
COUNTY JAIL FIRE ALARM REPLACEMENT" PROJECT
UNDERAGREEMENTNO. 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 #16Hl
RESOLUTION 2025-75A: THE BOARD EXTEND THE EAST OF
951 AD HOC ADVISORY COMMITTEE FROM AUGUST 15,_
2025, TO APRIL 8, 2026
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April 08, 2025
Item #16Jl
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
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 #16Kl
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
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April 08, 2025
Item #16K2
RESOLUTION 2025-77: APPOINT WILLIAM REAGAN AS A
MEMBER TO THE HOUSING FINANCE AUTHORITY -TERM
EXPIRING ON SEPTEMBER 11, 2026
Item #16K3
STIPULATED ORDER OF TAKING AND FINAL ruDGMENT 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 ruDGMENT 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 ruDGMENT 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
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April 08, 2025
Item #16K6
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 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 #16Ll
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
AGREEME~..--------.--------------
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
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April 08, 2025
Item #17A
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
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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.
ATTEST
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
BURT SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
These minutes approved by the Board on _____ , as
presented ______ or as corrected ____ _
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRIL. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND
NOTARY PUBLIC.
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