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Agenda 05/13/2025 Item # 2C (April 22, 2025, BCC Minutes)
April 22, 2025 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida April 22, 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 la'Y and having conducted business herein, met on this date at 9: 00 a.m., in REGULAR SESSION in Building "F" oft e Government Complex, East Naples, Florida, with the following Board members present: ~ Chairman: ~ ALSO RESENT: AllJY Patterson, County Manager Ed Finn, Deputy County Manager Burt L. Saunders Dan Kowal Chris Hall Rick Locastro William L. McDaniel, Jr. Trinity Scott, Transportation Management Services Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court Troy Miller, Communications & Customer Relations Page 1 Page 340 of 5243 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Ah-port Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 April 22, 2025 9:00 AM Commissioner Burt Saunders, District 3; -Chair Commissioner Dan Kowal, District 4; -Vice Chair Commissioner Rick Locastro, District 1 Commissioner Chris Hall, District 2 Commissioner William L. McDaniel, Jr., District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIR. ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIR. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD'S APPROVAL OF THE DAY'S CONSENT AGENDA, WHICH IS BEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. Page 1 April 22, 2025 Page 341 of 5243 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 T EN MINUTES, UNLESS EXTENDED BY THE CHAIR. SHOULD THE PETITION BE GRANTED , THE ITEM WILL BE PLACED ON A F UTURE AGENDA FOR A PUBLIC HEARING. ANYONE WlSHING 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 WIIlCH 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 ACTMTIES (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; ASSISTED Pagel April 22, 2025 Page 342 of 5243 LISTENING DEVICES FOR THE BEARING IMP AIRED ARE AVAILABLE IN THE FACI LITIES MANAGEMENT DIVISION. LUNCH RECESS SCHED UL ED FOR 12:00 N OON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex parte disclosure provided by C01nmiss ion members for consent agenda .) B. March 11 , 2025, BCC Meeting Minutes 3. A WARDS AND RECOGNITIONS A. EMPLOYEE l) 20 YEAR ATTENDEES a) Shirley Garcia -Community Redevelopment Area b) Ramiro Jurado - Pe li can Bay Services 2) 25 YEAR ATTENDEES 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES a) E 1nst Augustin-Road, Bridge & Stormwater Maintenance B. ADVISORY BOARD l\1EMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS Page3 April 22, 2025 Page 343 of 5243 A. Proclamation designating May 1, 2025, as National Day of Prayer. To be accepted by Pastor Jesse Barrett. B. Proclamation designating April 13-19, 2025, as National Public Safety Telecommunicators Week. To be accepted by Sheriff Kevin Rambo sk, Chief Greg Smith, Captain Chris Gonzalez, Manager Amy Tuff, and several members of the 911 Telecommunicators. 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This Item has been continued to a future Board of County Commission meeting, TBD. Recommendation to approve a Collier County Growth Management Plan Amendment to the U rban Golden Gate Estates Sub- Element to create the Hope Home II Subdistrict to allow a recovery re s idence limited to 23 residents and three (3) resident superv isors, or in the alternative, a single-family dwelling, and a family care facility. The subject property is ±4.47 acres and i s located at 3150 62nd Street SW in Section 29, Township 49 South, Range 26 East, Collier County, Florida. (Companion to Item 9.B.) [PL20220005195] B. This Item has been continued to a future Board of County Commission meeting, TBD. This item requires that all participants be sworn in , and ex- parte disclosure be provided by Commission members. Recommendation to approve an Ordinance rezoning property from an Estates (E) zoning district to a Community Facility Planned Unit Development (CFPUD) zoning di strict for the project to be known as the Hope Home II CFPUD, to allow a recovery residence limited to 23 residents and three resident supervisors or, in the alternative, a single-family dwelling and a family care facility for property located at 3150 62nd Street S.W. in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting of 4.47± acres. Page4 April 22, 2025 Page 344 of 5243 (Companion to Item 9.A.) [PL20220005096] C. Recommendation to approve an Ordinance amending the Pedestrian Safety Ordinance providing for a new s ection establishing requirements for the operation of bicycles on sidewalks, crosswalks, and in intersections within the unincorporated portions of Collier County, Florida. D. 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 an Ordinance amending the Sierra Meadows Mixed Planned Unit Development (MPUD) by changing the floor area ratio for group housing on Lots 8 and 9 of the Sierra Meadows Subdivision from .45 to .60. The subject property, consisting of 14.3 +/-acres of a 90.8 +/-acre MPUD, is located at the southwest quadrant of the intersection of Rattlesnake-Hammock Road (C.R. 864) and C.R. 951, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. E. This Item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance Number 04-29, the Immokalee Senior Housing Residential Planned Unit Development (RPUD), and Ordinance Number 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 0.55+/-acres ofland zoned Res idential Multi-Family-6 (RMF-6), with a wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) for a project to be known as Immokalee Senior Housing Mixed-Use Planned Unit Development (MPUD), by reducing the number of multifamily residential dwelling units from 119 to 30 units, and allowing a 5 ,000 gross square foot 200-seat church, and up to 50,000 square feet of certain community facility and educational services uses; updating the Master Plan; and rescinding the affordable housing density bonus agreement on 7 .99± acres of property located on the east side of 11th Street North, just south of Lake Trafford Road and Highland Elementary School in Section 33 , Township 46 South, Range 29 East, Collier County Florida; and by providing an effective date. [PL20240005475] 10. BOARD OF COUNTY COMMISSIONERS Page 5 April 22, 2025 Page 345 of 5243 A. Recommendation to approve a Resolution of the Board of County Commissioners supporting the EOG DOGE Team effort and (1) commit Collier County to collaborate with the EOG DOGE Team; (2) direct the County Manager to transmit the Resolution to the Governor, and (3) appoint the County Manager as liaison to the EOG DOGE Team and provide regular updates to the Board regarding relevant EOG DOGE activities. 11. COUNTY MANAGER'S REPORT A. Recommendation to 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) B. Recommendation that the Board of County Commissioners approve a Resolution, amending Resolution No. 2007-300, as amended, the Purchasing Policy for the Conservation Collier Program, for the purpose of including mitigation expenses and adjustments within the appraised value of the property. (Jaime Cook, Division Director -Development Review) 12. COUNTY ATTORNEY'S REPORT 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 Page 6 April 22, 2025 Page 346 of 5243 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. A. GROWTH MANAGEMENT DEPARTMENT & COMMUNITY DEVELOPMENT DEPARTMENT 1) Recommendation to approve and execute an Agreement for the Sale of Culinary Kitchen Equipment with Core Health Partners Incorporated related to Invitation to Negotiate (ITN) No. 24-8291 and authorize the necessary Budget Amendment. (Companion to Item 16.G.1.) 2) Recommendation to approve the release of two code enforcement li ens with an accrued value of $286,200, for a reduced payment of $43,960.20, in the code enforcement action titled Board of County Commissioners vs. Nicholas Ballo in Special Magistrate Case Nos. CEPM20190011873 and CEV20220000047, relating to property located at 807 108th Ave. N., Collier County, Florida. 3) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000, which was posted as a guaranty for Excavation Permit Number PL20230005 l 49, for work associated with Moorings Park at Grande Lake Phase Two -Lake #7 Modifications. 4) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $36,040, which was posted as a guaranty for Excavation Permit Number PL20230004543 and PL 20240005867, for work associated with SkySail Phase 4 Townhomes. 5) 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 Majestic Place, PL20240011370. 6) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the Page 7 April 22, 2025 Page 347 of 5243 potable water and sewer facilities and appurtenant utility easement for Terreno at Valencia Golf and Country Club -Master Amenity Center, PL20240011282. 7) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Hammock Park Phase 2B , PL20240013585. 8) 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 Montiano , Application Number PL20140002750 , and authorize the release of the maintenance security in the amount of$168,017.50. 9) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat d edications, for the final plat of Isles of Collier Preserve Phase 10 , Application Number PL20160001842, and authorize the release of the maintenance security in the amount of $549,724.13. 10) This Item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor plat of Del Webb Naples Parcels 304- 306 Parcels 305-306 Replat, Application Number PL20240013991. 11) Recommendation to waive the nighttime hearing requirement and hear a Land Development Code amendment related to housing that is affordable, at two regularly scheduled daytime Board of County Commissioners meetings and approve a request to advertise the Land Development Code Amendment. 12) Recommendation to waive the nighttime hearing requirement and hear a Land Development Code amendment related to the Immokalee Urban Area Overlay District at two regularly scheduled daytime Board of County Commissioners meetings and approve a request to advertise the Land Development Code Amendment. 13) Recommendation to authorize the County Manager, or their designee, to submit an application to the Florida Fish and Wildlife Conservation Page8 April 22, 2025 Page 348 of 5243 Commission's Invasive Plant Management Section to be eligible to receive funding assistance services worth $300,000 in FY 2026 through the Upland Invasive Exotic Plant Management Program for the removal of invas ive exotic vegetation within Conservation Collier's Dr. Robert H. Gore III, North Belle Meade, Mcllvane Marsh, and Shell Island preserves, and to authorize staff to accept such funding assistance serv ices if awarded. 14) Recommendation to approve the properties on the January 2025 Conservation Collier Active Acquisition List (AAL) and direct staff to pursue the projects recommended within the A-Category, funded by the Conservation Collier Land Acquisition Fund. 15) Recommendation to approve the properties on the February 2025 Conservation Collier Active Acquisition List (AAL) and direct staff to pursue the proj ects recommended within the A-Category, funded by Conservation Collier Land Acquisition Fund. 16) Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with H endrix House, Inc., and Restoration Church, Inc. ("Hendrix House"), for a 17 .66-acre property at a cost of $5 02,500 , for a total cost not to exceed $507,870, inclusive of closing costs. 17) Recommendation to approve First Amendment to Agreement for Sale and Purchase for the Cypress Cove Landkeepers, Inc., f/k/a Cypress Cove Conservancy, Inc., a Florida not-for-profit Corporation (Cypress Cove), to extend the due diligence period to August 12 , 2025, and the clos ing date d eadline to October 11 , 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 Property. 18) Recommendation to approve a Second Amendment to Agreement No. 22-7966, "Baseball and Softball Officials ," with the Collier Recreation Baseball/Softball Umpire Association, Inc., for a one-year renewal and a price increase for the remaining renewal terms. 19) Recommendation to approve a Resolution relating to the Stewardship Page 9 April 22, 2025 Page 349 of 5243 Sending Area 14 -Restoration Credits (CLH SSA 14) in the Rural Lands Stewardship Area Zoning Overlay District (RLSA) and to award Restoration II credits to Collier Land Holdings, Ltd, in accordance with the approved restoration plan. 20) Recommendation to formally waive contractual payment obligations for Revenue Generating Agreement #22-8023 , with Parks and Recreation Division concess ionaire BluWater, LLC , for the retail sales of bait, drinks, food, and minor sundries at Caxambas Park until the park's Fuel Delivery System renovations have been completed, and retail fuel sales can be reinstated. 21) Recommendation to approve Budget Amendments totaling $585,000 from the Park Bond Fund (3063) and Parks AD VAL CIP (3062) reserves and appropriate these do11ars within Park Bond Fund (3063), RegPK Sun-N-Fun Project (80421), and Parks AD VAL CAP (3062), RegPk Pool Pump Rpr Project (80384) to make further repairs and renovations at Sun-N-Fun Lagoon. B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to award Invitation to Bid No. 24-8319, "Collier Blvd (CR-951) & City Gate Blvd North Intersection Improvements," to AJAX Paving Industries of Florida, LLC , in the amount of $1,966,506.61, approve a $167,153.06 Owner's Allowance, and authorize the Chairman to sign the attached Agreement. 2) Recommendation to authorize the Chairman to execute twenty (20) Deed Certificates for purchased burial rights at Lake Trafford Memorial Gardens Cemetery and authorize the County Manager or de signee to take all actions necessary to record the Deed Certificates with the Clerk of the Court's Recording Department. 3) Recommendation to accept a report on the status of Golden Gate Estates Land Trust and authorize the County Manager or designee to begin the disposition process for the remaining parcels. 4) Recommendation to approve an Agreement for the donation of a drainage easement (Parcel 119DE) required for Everglades City Page 10 April 22, 2025 Page 350 of 5243 stormwater drainage improvements. 5) Recommendation to ratify the administratively approved First Amendment to Agreement No. 21-7902 with AIM Engineering & Surveying, Inc., adding $42,660.00 and extending the days for tasks 2, 5, 6, 7, 8, and 9 for the "Goodlette-Frank Stormwater & Ditch Improvements (Section B)" project (60102). 6) Recommendation that the Board, as the Governing Body of Collier County, and the Ex-Officio Governing Board of the Collier County Water-Sewer District, to approve the termination of two inactive easements -one being an Exclusive Well, Well Pump, and Water Pipeline Easement and the other being a Utility Easement to support the development of The Gate, Collier County's contractor developing and operating the Golden Gate Golf Course, and the State Veterans Nursing Home. 7) Recommendation to amend Exhibit "A" to Resolution No. 2013-239, as amended, the List of Speed Limits on County Maintained Roads, to reflect speed limit changes at various locations. 8) Recommendation to approve Change Order No. 1 for Agreement No. 22-8053, "Professional Design and Related Services for Vanderbilt Beach Road Extension Phase II," with Kimley-Horn and Associates, Inc., reallocating funds from Tasks 6 & 7 to a new Task 10 for Right of Way Acquisition Support. (Project Number 60249) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation that the Board of County Commissioners, as ex- officio the Governing Board of the Collier County Water-Sewer District, approve Change Order No. 2, providing for a time extension of ninety-seven days to Agreement No. 23-8112, with Accurate Drilling Systems, Inc., for the "Western Interconnect Forcemain Phase 7'' project, and authorize the Chairman to s ign the attached Change Order. (Project No. 72009) 2) Recommendation that Board of County Commissioners, as ex-officio the Governing Board of the Collier County Water-Sewer Di strict, Page 11 April 22, 2025 Page 351 of 5243 ratify administratively approved Change Order No. 1, providing for an increase in the contract amount of $178,222.50, from $1,8 17,423.25 to $1,995,645.75, a time extension of 135 days, the reallocation of funds within existing Tasks under Agreement No. 22-8042, "CEI Services for Golden Gate City Transmission Water Main Improvements" with AIM Engineering and Surveying, Inc., and authorize the Chairman to sign the attached Change Order. (Projects 51029 and 70253) 3) Recommendation to approve the Fourth Amendment to Agreement No. 15-6365, "Disaster Debris Management Removal and Disposal Services," with AshBritt, Inc., to increase the fee schedule rates 2. 7%, and authorize the Chairman to sign the attached Amendment. 4) Recommendation to approve the selection committee's ranking and authorize staff to begin contract negotiations with LJA Engineering, Inc., related to Request for Professional Services ("RPS") No. 25- 8336, "Design Services for Tamiami Wellfield Improvements -Wells 41-49," so staff can bring a proposed agreement back for the Board's consideration at a future meeting. 5) Recommendation that the Board of County Commissioners, as ex- officio the Governing Board of the Collier County Water-Sewer District ("CCWSD"), approve the addition of seven Full Time Equival ent ("FTE") positions in the Public Utilities Department, including seven vehicles and associated equipment based on cumulative asset acquisitions as approved in the CCWSD Operations Resourcing Strategic Plan, and authorize the associated Budget Amendments. 6) Recommendation to approve Change Order No. 16 and its associated Work Directives allowing for payment of up to $797 ,161.24, and adding 74 days to Agreement No. 18-7474 with Mitchell & Stark Construction Co., Inc., pertaining to the "Design-Build of Northeast Service Area Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines," and approve an after-the-fact for deficiencies found with Change Order No. 16 , authorize the Chairman to sign the attached Change Order, and approve the necessary Budget Amendment. (Project 70194) Page 12 April 22, 2025 Page 352 of 5243 7) Recommendation that the Board of County Commissioners, as ex- officio the Governing Board of the Collier County Water-Sewer District, authorize an increase in expenditures for the single source purchase of mixers, pumps and related equipment, products, and services," with Xylem Water Solutions USA, Inc., in an amount not- to-exceed $2,360,000 per Fiscal Year (increasing the expenditure by up to $860,000 per Fiscal Year), and approve the attached Second Amendment to Agreement No. 24-029-NS. 8) Recommendation that the Board of County Commissioners, acting as ex-officio the Governing Board of the Collier County Water-Sewer District, authorize an increase in expenditures for the single source purchase of "ProMinent Equipment, Parts, and Services," from TriNova, Inc., in an amount not-to-exceed $185,000 per Fiscal Year (increasing the expenditure by up to $85,000 per Fiscal Year) and approve the attached Second Amendment to Agreement #24-056-NS. D. PUBLIC SERVICES DEPARTMENT 1) 2) 3) 4) This Item continued from the April 8, 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) Recommendation to approve and authorize the Chairman to sign thirty (30) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $288,311.92, and to authorize the associated Budget Amendment to appropriate repayment amount totaling $113,207.95. (SHIP Grant Fund 1053) Recommendation to approve and authorize the Chairman to sign three (3) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $22,500.00 due to the death of the borrower(s). (SHIP Grant Fund 1053) Recommendation to approve and authorize the Chairman to sign three Page 13 April 22, 2025 Page 353 of 5243 (3) Releases of Lien in the amount of $18,072.14 for properties that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee Program deferral agreements. 5) Recommendation to authorize the Chairman to sign one (1) Release of Lien for an Affordable Housing Density Bonus for a unit that is no longer subject to the terms of the agreement. 6) Recommendation to approve and authorize the Board of County Commissioners to accept the Year 3 allocation of Opioid Settlement Funds in the amount of $1,942,240.64 ($399,277.79 City/County and $1,542,962.85 Regional Abatement) and authorize the necessary Budget Amendment. (Opioid Abatement Grant Fund 1850 and Opioid City/County Subdivision Grant Fund 1852) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to approve an Assumption Agreement assigning all rights, duties, benefits, and obligations to Tigris Aquatic Services, LLC. 2) Recommendation to approve modifications to the 2025 Fiscal Year Pay & Classification Plan, which consists of one reclassification and removal of one obsolete classification from January 1, 2025, through March 31, 2025. F . COUNTY MANAGER OPERA TIO NS 1) Recommendation to approve a Second Amendment to Agreement No. 20-7753, "Design Services for Collier County EMS Stations," with Schenkel & Shultz, Inc., adding 180 days to the project time, and authorize the Chairman to sign the attached Amendment. (Project 55212) 2) Recommendation to approve a Third Amendment to the Collier County Emergency Services Deputy Medical Director Agreement to name Douglas S. Lee, M.D. the Interim Medical Director, increase his compensation to that of the Medical Director, extend the Agreement Page 14 April 22, 2025 Page 354 of 5243 term, and authorize the Chairman to sign the attached Amendment. 3) Recommendation that the Board accept notification of the issuance of a Collier County Emergency Purchase Order issued to Cintas Corporation and authorize payment for the repairs services provided. (Project No. 52163) 4) Recommendation to ratify administratively approved Change Order No. 1, adding 24 days to the project time under Agreement No. 24- 8250, Golden Gate Golf Course Outfall Swale, constructing approximately 2 ,400 linear feet of a 35-foot-wide lined swale and a 300 linear foot outfall pipe at the Golden Gate Golf Course, and authorize the Chairman to sign the attached Change Order. (Project No. 80412) 5) Recommendation to authorize an after-the-fact payment for Purchase Order No. 4500234864 in the amount of $107,562.50 to Earth Tech Enterprises, Inc., under Contract 21-7885, "Beach Maintenance and Related Services," for Pelican Bay emergency beach debris cleanup following Hurricanes Helene and Milton. 6) 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 .) G. AIRPORT AUTHORITY 1) Recommendation to approve and execute a Collier County Airport Authority Standard Form Lease with Core Health Partners Incorporated for the Immokalee Airport Culinary Accelerator related to Invitation to Negotiate (ITN) No. 24-8291. (Companion to Item 16.A.l.) 2) Recommendation to approve Change Order No. 1, deducting $12,626.46 from Agreement No. 20-7806 (Purchase Order 4500230969) with Bowman Gulf Coast, LLC., (previously Hole Page 15 April 22, 2025 Page 355 of 5243 Montes, Inc.), for post design engineering services on the "Bulk Aircraft Hangar at Marco Island Executive Airport" and authorize the Chairman to sign the attached Change Order. (Project No. 33822) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) April 22, 2025, Miscellaneous Correspondence J. OTHER CONSTITUTIONAL OFFICERS 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 $60,944 ,333.49 were drawn for the periods between March 27, 2025, and April 9, 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 16 , 2025. 3) Recommendation to approve after-the-fact use of $1,000 from the Confiscated Trust Funds to support the Florida Agricultural Crimes Intelligence Unit, Inc. K. COUNTY ATTORNEY 1) Recommendation to appoint two members to the Emergency Medical Authority. 2) Request by the Housing Finance Authority of Collier County for approval of a Resolution authorizing the Authority to issue revenue bonds for the acquisition, construction, equipping, and development of a 230-unit multifamily residential housing facility known as Wave at Rose, and located at the northeast comer of Rose A venue and School Drive in Immokalee, Florida. 3) Request by the Housing Finance Authority of Collier County for Page 16 April 22, 2025 Page 356 of 5243 approval of a Resolution approving a plan of financing involving the issuance by the Authority of single-family mortgage revenue bonds in an amount not to exceed $50 million or, in the alternative, to use volume cap allocation for mortgage credit certificate programs or for multifamily housing for persons of low or moderate income. 4) Recommendation to approve an Agreement for the purchase of right- of-way (Parcel 1274FEE) required for the Vanderbilt Beach Road Ext -Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $140,500. 5) Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $99,000 plus $11,886.90 in statutory attorney and experts' fees and costs for the taking of Parcel 1311 FEE required for the Vanderbilt Beach Road Extension Project No. 60249. 6) Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $99,000 plus $11,791.28 in statutory attorney and experts' fees and costs for the taking of Parcel 1307FEE required for the Vanderbilt Beach Road Extension Project No. 60249. 7) Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $103 ,000 plus $18,379 in statutory attorney and experts' fees and costs for the taking of Parcel 13 59FEE 1 required for the Vanderbilt Beach Road Extension Project No. 60249. 8) Recommendation to approve a Resolution to delegate authority to the County Project Manager, Robert White, P.E., and County engineer of record , Richard Arico, P.E., from Kimley Hom, to testify at the Vanderbilt Beach Road Extension Order of Taking hearing as to the project construction plans and bind the County to the plans. (Project No. 60249). L. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners authorize the County Attorney to advertise an Ordinance creating the Immokalee Community Redevelopment Advisory Board to replace the CRA-created Immokalee Local Redevelopment Advisory Board Page 17 April 22, 2025 Page 357 of 5243 and the Immokalee Beautification Advisory Committee and repeal Ordinance No. 22-52. 2) Recommendation to authorize a representative of the Collier County Community Redevelopment Agency (CRA) to bid on behalf of the County at one code enforcement lien foreclosure sale scheduled by the Clerk in COLLIER COUNTY, FLORIDA v. Katrix LLC, et al., Circuit Court Case No. 24-CA-2591, in an amount not to exceed the value of the County's in-house appraisal (approximately $65,000.00 for one parcel), and authorize necessary Budget Amendments. 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 bee 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. A. A Resolution of the Board of County Commissioners of Collier County, Florida, closing the approved Terafina Planned Unit Development, which has fully completed all its development pursuant to its Development Order(s) and has been found by Collier County to have only one Transportation Commitment remaining. (PL20240012112) B. Recommendation to approve an Ordinance establishing the Horse Trials Community Development District on 1,767.35± acres located north of County Road 858 (Oil Well Road), west of State Road 29, and east of Ranch One Road in Sections 7, 8, 17 , and 18, Township 48 South, Range 30 East, Collier County, Florida. [PL20250000514] C. Recommendation to adopt a Resolution designating 3 ,912.41 acres in the Rural Land Stewardship Zoning Overlay District as Stewardship Sending Area with a designation as "BCP SSA 21 "; pursuant to the terms set forth in Page 18 April 22, 2025 Page 358 of 5243 the Escrow Agreement, Stewardship Sending Area Credit Agreement for BCP SSA 21, and Stewardship Sending Area Easement Agreement for BCP SSA 21; approving a Stewardship Sending Area Credit Agreement for BCP SSA 21; approving a Stewardship Sending Area Easement Agreement for BCP SSA 21; approving an Escrow Agreement for BCP SSA 21; and establishing the number of Stewardship credits generated by the designation of said Stewardship Sending Area. The subject property is located in parts of Sections 4, 5, 11 and 15, and all of sections 8, 9 , 10 , and 12 , Township 48 South, Range 30 East. [PL20240004704] 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 19 April 22, 2025 Page 359 of 5243 April 22, 2025 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN SAUNDERS: Thank you. Good morning. Welcome. We're going to start off with the invocation and the Pledge. Ms. Patterson. MS. PATTERSON: Yes, sir. We have the invocation 5 Pastor Glen Wiggins, Seagate Baptist Church, and our Pledge i~l be read [sic] Tim Guerrette, U .S. Air Force veteran, retired Collier County Sheriffs Office. Item #lA INVOCATION BY PASTOR GLENN WIGGINS -SEAGATE BAPTIST CHURCH. PLEDGE OF ALLE6IANCE BY TIM GUERRETTE -US AIRFO CE VE ~RAN AND RETIREE FROM COLLIER COUNTY SHERIFF'S ORFICE-INVOCATION GIVEN PASTOR WIGGINS: Goodmoming. Let us pray together. Our Heavenly Fatber, we thank you for the honor of living in the great state of Flo ida, fo the blessing of being in this wonderful, beautiful City of Naples. As we gather here today, we acknowledge our need for you guidance and seek your hand of blessing upon this County Comm· ssion. Your word declares that all authority is established by ou. And we recognize these men and women have been placed in their pos • tions for your divine purpose. We pray that you would grant them wisdom to lead with integrity, justice, and compassion. May their decisions reflect truth and righteousness . May they always seek the greater good for the people they serve. Bless each commissioner and their families , strengthen them, enlarge their influence for good. Please, Lord, place a hedge of Page 2 Page 360 of 5243 April 22, 2025 protection around them. May they sense your presence as they carry out their duties. Lord, may everything that's said and done in this meeting today be under your direction. We need your wisdom. We need your strength. We need your power. We thank you for the gift of salvation through Jesus Christ 'Yho died and was buried and rose again the third day, giving us hope and life eternal through him. We ask your blessing on this day you've given us. May we live it well , and may we serve you fait fully. In Jesus ' name we pray. Amen. (The Pledge of Allegiance was recited in unison.) Item #2A APPROVAL OF TODA Y'S REGUL R , CONSENT AND SUMMARY AGENDA A AME D D (EX PARTE DISCLOSURE PROVIDED BY COMMISSION ~EMBERS FOR CONSENT AGENDA.) -MOTION J O APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER KOWAL -APPROVED AND/OR ADORTED W/CHANGES RRETTE: I just want to make sure Lois --I got the order correct! y. It's an honor to do the Pledge. For everybody here, just a little reminder, Collier County and the Board is so wonderful to our military members, and our law enforcement professionals here in our county and throughout the state. Just wanted to give everybody a reminder that May is our National Military Appreciation Month and, also , Law Enforcement Appreciation Month. May 15th is a big week as far as remembering those who have served and then sacrificed their life . Page 3 Page 361 of 5243 April 22, 2025 Also, a big thank you to the Robert L. Zore Foundation for everything they do. And there's many other ones out there that I do not have time to, obviously, bring up. But thank you, Board, for all you do, for your support. Being in the military, being in law enforcement here for a long perio of time , our county and our Board is second to none anywhere in th state , and thank you so much. I appreciate everything. CHAIRMAN SAUNDERS: Thank you, and thank you or your service. MR. GUERRETTE: Thank you. MS. PATTERSON: Commissioners , agenda changes for April 22nd, 2025 . We have several. First is to continue Item 1 lB to the Mpy 3th, 2025 , BCC meeting. This is a recommendation that the oard of County Commissioners approve a resolution amending Resolution No. 2007-300, as amended, the purchasing,policy for Conservation Collier program for the purpose o~including mitigation expenses and adjustments within the appraised alue of the property. This is being moved at staffs re uest. Next, move tern A14 to 1 lC. This is a recommendation to approve the p opert·es on the January 2025 Conservation Collier Active Acq isition List and direct staff to pursue the properties recommende within the "A" category funded by the Collier County Land Acqu·sition Fund. This is being moved at Commissioner Hall's re~est. Next, move Item 16Al5 to 11D. This is a recommendation to approve the properties on the February 2025 Conservation Collier Active Acquisition List and direct staff to pursue the projects recommended within the "A" category funded by Conservation Collier Land Acquisition Fund. This is being moved at Commissioner Hall's request. Page 4 Page 362 of 5243 April 22, 2025 Withdraw Item 16Al 8. This is a recommendation to approve a second amendment to Agreement No. 22-7966, baseball and softball officials with the Collier Recreation Baseball/Softball Umpire Association, Inc., for a one-year renewal and a price increase for the remaining renewal terms. This item is being withdrawn at staffs request. Finally, continue Item 17C to the May 13th, 2025,BCC meeting. This is a recommendation to adopt a resolutiol\_ designating 3,912.41 acres in Rural Land Stewardship Zoning Overlay District as Stewardship Sending Area with a designation aSrlCP SSA 21; pursuant to the terms set forth in the escrow agreement , Stewardship Sending Area Credit Agreement for BCP SA 2 ; Stewardship Sending Area Easement Agreement for BCP SSA 21; approving a Stewardship Sending Area Credit Agreement for BCP SSA 21; approving a Stewardship Sending Area~asement Agreement for BCP --BCP SSA 21; appro ing an escrow agreement for BCP SSA 21; and establishing the nurnbe o stewardship credits generated by the designation of said Stewardship Sending Area. The subject property is located in parts of Section 4 , 5, 11 , and 15, and all of Sections 8, 9, 10 and 12, Township 48 South, Range 30 East. This is being oved at staffs request. With that, we do have court reporter breaks scheduled at 10:30 and again at 2:50 if necessary. County ~ttomey. MR.KC-ATZKOW: No changes. Thank you. MS. PATTERSON: Commissioners, any changes or ex parte on the consent or summary? CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISSIONER KOWAL: No changes and no ex partes on consent or summary. CHAIRMAN SAUNDERS: Commissioner Hall. Page 5 Page 363 of 5243 April 22, 2025 COMMISSIONER HALL: Good morning, Mr. Chairman. I have no changes and no ex parte. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Good morning, Mr. Chair. No changes and no ex parte . CHAIRMAN SAUNDERS: Commissioner LoCastro. COMMISSIONER LoCASTRO: Same for me . ~o changes, no ex parte. CHAIRMAN SAUNDERS: I have no cha ges an no ex parte as well. Any objections to the proposed changes tha have been presented? (No response.) CHAIRMAN SAUNDERS: See·ng none , we're ready for our motion to approve today's regular, consent, and summary agenda as amended. COMMISSIONER HAILb : So moved. COMMISSIONERMcDANIEL: Second. COMMISSIONER KOWAL: Second. CHAIRM~ SAUNDERS: We have a motion and a second. All in favor, signify by saying aye. COMMI SIONER McDANIEL: Aye. COJ\)MISSfONER LoCASTRO: Aye. C Al~AN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Page 6 Page 364 of 5243 Proposed Agenda Changes Board of County Commissioners Meeting April 22, 2025 Continue Item 11B to the May 13, 2025, BCC Meeting: Recommendation that the Board of County Commissioners approve a Resolution, amending Resolution No. 2007-300, as amended, the Purchasing Policy for the Conservation Collier Program, for the purpose of including mitigation expenses and adjustments within the appraised value of the property. (Staff's Request) Move Item 16.A.14 to 11.C: Recommendation to approve the properties on the January 2025 Conservation Collier Active Acquisition Li st (AAL) and direct staff to pursue the projects recommended with in the A-Category, funded by the Conservation Coll ier Land Acquisition Fund. (Commissioner Hall's Request) Move Item 16.A.15 to 11.D: Recommendation to approve the properties on the February 2025 Conservation Collier Active Acquisition List (AAL) and direct staff to pursue the projects recommended within the A-Category, funded by Conservation Collier Land Acquisition Fund. (Commissioner Hall 's Reque st) Withdrawal item 16.A.18: Recommendation to approve a Second Amendment to Agreement No. 22-7966, "Baseball and Softball O fficials," with the Collier Recreation BasebalVSoftball Umpire Association, Inc., for a one-year renewal and a price increase for the remaining renewal terms. (Staff's Requests) Continue item l 7C to the May 13, 2025, BCC Meeting: Recommendation to adopt a Resolution designating 3,912.41 acres in the Rural Land Stewardship Zoning Overlay District as Stewardship Sending Area with a designation as "BCP SSA 21 "; pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for BCP SSA 21, and Stewardship Sending A rea Easement Agreement for BCP SSA 21; approving a Stewardship Sending Area Credit Agreement for BCP SSA 2 1; approving a Stewardship Sending Area Easement Agreement for BCP SSA 21; approving an Escrow Agreement for BCP SSA 21; and establishing the number of Stewardship credits generated by the designation of said Stewardship Sending Area. The subject property is located in parts of Sections 4 , 5, 11 and 15, and all of sections 8, 9, 10, and 12, Township 48 South, Range 30 East. [PL20240004704] (Staffs Requests) Notes: TIME CERTAIN ITEMS: 4121no2s 8:29 PM Page 365 of 5243 April 22, 2025 Item #2B MARCH 11, 2025, BCC MEETING MINUTES -MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO -APPROVED Item 2A, the minutes from our March 11 commission meeting. Any comments concerning the minutes? COMMISSIONER McDANIEL: Move for approval. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS : We have a motion and second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Ay . COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HA L: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response .) CHAIRMA SAtJNDERS: That passes unanimously. Ms . Patterson, we'll move on to the awards and recognitions . MS. PATT£RSON: Yes, sir. Item #3Al A W1 RD AND RECOGNITIONS -20 YEAR ATTENDEES - SHIRLEY GARCIA, COMMUNITY REDEVELOPMENT AREA AND RAMIRO JURADO -PELICAN BAY SERVICES First up we have our 20-year attendees. Shirley Garcia, Community Redevelopment Area. Congratulations. Page 7 Page 366 of 5243 April 22, 2025 (Applause.) COMMISSIONER McDANIEL: Hey, hey, hey. No hugging the communications guy. MS. GARCIA: Can we bring up -- COMMISSIONER LoCASTRO: Wow. Holy mackerel. MS. GARCIA: It's only part Bayshore. (Applause.) COMMISSIONER KOWAL: Mr. Chairman, can I just say a quick word? CHAIRMAN SAUNDERS : Yes, sir. Commissioner Kowal. COMMISSIONER KOWAL: I just want to thank Shirley and all the work she does for CRA down in East Naples, that area, Shirley, because you do a great job. I know I've only been part of it for two years and a few months, but ou're a great asset. I appreciate it, thank you. CHAIRMAN SAUNDERS: hank you. MS. GARCIA: Thank yo very much. CHAIRMAN SAUNDERS : And I'll add to that that the CRA has done remarkable work.in East Naples . It's unbelievable. I was out there just th ot er night, and a lot of people coming there , a lot of people hav ·ng a good time , and it's just remarkable what you've accomplished --what the CRA's accomplished out there, so thank you. MS. PA'T'fERSON: Next 20-year attendee is Ramiro Jurado, Pehcan Bay Services. Congratulations. c &1MISSIONER KOWAL: Got to get your hardware. MR. COLEMAN: Let me get one with him, he's so good looking . MR. JURADO: Thank you . (Applause.) Page 8 Page 367 of 5243 April 22, 2025 Item #3A4 AW ARDS AND RECOGNITIONS -35 YEAR ATTENDEES - ERNST AUGUSTIN, ROAD, BRIDGE & STORMWATER MAINTENANCE MS. PATTERSON: Going all the way to 35 years now, Ernst Augustin, Road, Bridge, and Stormwater Maintenance. Congratulations. (Applause.) COMMISSIONER KOWAL: Oh, the crew . The crew. COMMISSIONER LoCASTRO: You a e not centered. You're way off. (Applause.) Item #4A PROCLAMATION DESI6NATING MAY 1, 2025 , AS NATIONAL DAY OF PRA YE . ACCEPTED BY PASTOR JESSE BARRETT - MOTION TO APPRO EBY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER LOCASTRO -ADOPTED MS. PA([J:ERSON: Commissioners, that brings us to Item 4, proclamations . tern 4A is a proclamation designating May 1st, 2025, as National Day of Prayer. To be accepted by Pastor Jesse Barrett. COMMISSIONER McDANIEL: Go. (Applause.) PASTOR BARRETT: Thank you all so much for this . The first Thursday of May every year is the National Day of Prayer, and we are hosting the event at 7 p.m. at Naples High School on the football field . And I'm expecting a good turnout. We pray for the Page 9 Page 368 of 5243 April 22, 2025 government and the leaders, you know, state, local, federal. We pray for schools, families , churches, businesses, the media, all sorts of good stuff. So I know you-all have been invited. Commissioner Hall will be there. He'll be praying. And so I just thank you guys so much. CHAIRMAN SAUNDERS: Thank you. PASTOR BARRETT: Thanks, guys. COMMISSIONER McDANIEL: Thank you, sir. Good seeing you, Jesse. PASTOR BARRETT: You, too. (Applause.) Item #4B PROCLAMATION DESIGNATING Pi RIL 13-19, 2025 , AS NATIONAL PUBLIC SAFETY T~L COMMUNICATORS WEEK. ACCEPTED BY SHERIFF ~VIN''RAMBOSK, CHIEF GREG SMITH, CAPTAIN CHRIS 60NZALEZ, MANAGER AMY TUFF , AND SEVERAL MEMBERS OF THE 911 TELECOMM~O 'I0RS -MOTION TO APPROVE BY COMMISSIONER KO AL; SECONDED BY COMMISSIONER LOCASTRO -~DOPTED MS. PATTERSON: Item 4B is a proclamation designating April 3t~through 19th, 2025 , as National Public Safety Telecommunicators Week. To be accepted by Sheriff Kevin Rambosk, Chief Greg Smith, Captain Chris Gonzale z, Manager Amy Tuff, and several members of the 911 telecommunications . CHAIRMAN SAUNDERS: Sheriff, if you could tell us a little bit about what the team does. And as you get to the podium, I just want to thank the Sheriff and all of the folks that work in the Sheriffs Page 10 Page 369 of 5243 April 22, 2025 Department. We have a very safe community. It's not an accident. It's because we have a wonderful Sheriff. He has a wonderful team. This County Commission has always fully supported the Sheriff. When he's needed money for anything special, we've always been here to provide that because we all believe that the most important function of government is to keep us safe. It doesn't matter how wonderful the beaches are and everything . If you don't feel safe in your homes, if you don't feel sa~ when you're out on the streets, your quality of life is not very good. We don't have that problem here in Collier County because of our Sheriff and the wonderful people working with the Sheriff. So thank you. SHERIFF RAMBOSK : Good morning, Chairman and Commissioners. Thank you on behalf of all the embers of the Collier County Sheriffs Office and today our communications staff, who do an absolutely fabulous job. You know, they are not only multi-taskers, but they are technologists, when you see the electronics that they're using to reduce tlile emergency response times in our community and save lives. They • n most cases, are the very first critical element of the c1::i:rn,e prevention and crime apprehension element, the life""saf ety ele ent, and the information element. So they get it started, aQd they make sure that the rest of our deputies are informed and sa e as they can be. To give you some sense in what they're doing, there were over 512,000 calls for service last year. There were about 200,000 911 emergencx calls. As you know, we were the first to text emergency calls in Col ier County, and we get those as well. And there are over one million radio transmissions that the staff takes cares of. So on behalf of everyone, thank you very much. Thank you for your support, and we are committed to keeping Collier County the safest community in the nation. Thank you very much. CHAIRMAN SAUNDERS: Thank you. Page 11 Page 370 of 5243 April 22, 2025 (Applause.) MS. PATTERSON: If we could get a motion to accept the proclamations, please. COMMISSIONER KOWAL: So moved. CHAIRMAN SAUNDERS: Okay. We have a motion. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: And we have a 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 SAUNDER-S: hat passes unanimously. Item #7 PUBLIC COMMEN\fS ON GENERAL TOPICS NOT ON THE CURRENT. OR.FUTURE AGENDA MS. B-ATTERSON: That brings us to Item 7, public comments on general toJ)ics not on the current or future agenda. MR. MII:::LER: Good morning. We have five registered spea ers on this item. I'll remind the speakers you'll have three minutes. You will get a beep at 30 seconds to remind you when your time is winding down. Your first speaker is Laurie Harris, and she'll be followed by Patty Teulet. Did you want that video now? Page 12 Page 371 of 5243 April 22, 2025 MS. HARRIS: Yes. Good morning, Commissioners. Laurie Harris, Marco Island. This is a very short video that I'd like you to watch, and then we can discuss. (A video was played.) MS. HARRIS: This is pretty much a normal day in Immokalee. In the video, you can see there was two sets of dogs that had just mated and are actually still hooked up in the video, so in a few months we should have around 12 more puppies. Th1s j s a normal day, as I said. It's in Immokalee. Immokalee has the reputatio , ut it's prevalent in Collier County. It's in the Estates. It's in East Naples. There was a pack of dogs running , so tpat was four dogs running. They find a female in heat. Tpey will get aggressive. What we've heard is it's culture. While that might be true, we live in the greatest country that'j_s made up of the rule of law. So unless there are "no go" zones, so eone needs to address the dogs running at large, which i illegal. This video has triggered quite the backlash on social media and specifically towards the animal control officers. I personally believe they are stretched quite thin. There are about three of them now who can, on their own, go out in the field , who are fully trained, and issue citations. There are several more going through training right now, and that will bring us to about seyen, and there should be 10 full-time positions. And w ile the population in Collier County has exploded, the number of ACOs has remained the same, and, sadly, we can't even fill those 10 positions. The posting was up for --to hire for two weeks , and only five applicants applied for three open positions . I'm going to guess it's salary related . Imagine rolling up on a scene with little to no personal protection, no indication of any potential Page 13 Page 372 of 5243 April 22, 2025 violence, either human or animal, and have to issue citations. These ACOs, to me, are our first responders for the dogs. They have to get their reports right the first time when they issue a citation, or it will get kicked from the magistrate. We are --and they would then be issuing citations for absolutely no reason. They must be trained properly to issue those citations t,hat we can actually collect on them. There's tens of thousands of do lars a year of citations issues that have gone uncollected. I was told that there is no collection for citations that go unissued [sic]. You know better than most how large Coll· er County is. The ACOs drive all over the county. We could be creative, potentially get somebody to drive for them so they coultl do he · r reports while in the car, potentially create someone who can pick up strays that are held. Since moving the ACOs to Code, e forcement has declined, and I do not believe it is the fault of the ACOs. There are contributing factors. Enforcement with dogssunning at large is nonexistent. The ACOs can only pick up a str:ay that is contained. There is no one out there who is picking up a dog at large. No one. They're running wild. I would like to see a similar commitment made to the animal control of J Cers that was made to DAS. This includes salary structure o~going training for dangerous dogs , and continued education seminars to identify and document cruelty and neglect. I've heard for the last 10 months or so we will revise the ordinances and the hobby breeder ordinance. Even after repeated attempts to get this done, it has fallen by the wayside . Until we can get control of the spays and neuters, we will never get control over the population anywhere. We are their voice. I respectfully request you make this commitment. Thank you Page 14 Page 373 of 5243 April 22, 2025 for your time. CHAIRMAN SAUNDERS: Thank you, Mr. Harris. And, also I want to thank you for your service as chair of the DAS advisory board. I understand that you have resigned from that. And I think everyone on the commission perhaps would like to hear from you as to --not now but in meetings --as to what prompted you to do that, because I know of your dedication to DAS. So I think it w ·ll be good information for everyone. MS. HARRIS: Thank you, sir. I appreciate that. CHAIRMAN SAUNDERS : Thank you. MR. MILLER: Your next speaker is Patty ~eulet. She'll be followed by Al Schantzen. CHAIRMAN SAUNDERS : Good morning. MS. TEULET: Good morning. My name is Patty Teulet -- pardon my voice --and I've been a volunteer at the DAS shelter for 13 years. Two subjects I'd like to talk about. Collier County has an abundance of domestic anifllals running at large daily, most prevalent in the Immokalee andfthe Golden Gate Estates communities yet occurring throug11out Co lier County. Dogs have been observed breeding i~the mi dole of the streets throughout the day. The last thing the count need are their offspring running at large, perpetuating a ~ver-ending cycle. At the rate at which Collier County is growing, so too will the pet pop ation. Collier County has an opportunity to mitigate this very serious issue by increasing and improving ACO coverage. ACOs do not have to look for the stray animals , trap stray animals , or knock on the doors to find the owners , if any. Just drive there , which should be scheduled daily, knowing and seeing the problem, captured by Tom Kepp's video, which I believe you have seen. ACOs can put them in the van the same way Tom Kepp does every single day. If Page 15 Page 374 of 5243 April 22, 2025 hiring and retention is the issue, perhaps the starting pay and hourly wages need to be more competitive. The second subject is the decision by the county to put aesthetics ahead of safety and functionality at the DAS shelter. Housing large-breed dogs in a 4-by-4-foot space with an opening designed for small/medium dogs is inhumane. This was obviously not addressed in the renovation. This was not the appropriate use of the $6 million surtax earmarked for Domestic Anima Servj ces. It is evident that the building should have been completely demolished. Instead, it took some eight months to fix everything by preparing and painting the walls and laying dow new floors. Problems are still being addressed, includ·ng he ew floors , which are too slippery for safety. The building could have been rebuilt i~ less time with secure fittings, expanding the kenne size for large dogs, and adding outside runs like most shelters have in lace. My suggestion would be to demolish the building and build one hat is appropriate for a dog shelter. If not, the hope would be o revisit the plans for the other two buildings before dee· ding on remodel instead of replacements. Thank you. CHAI A 8 DERS: Thank you. And thank you for your voluntee service at DAS. MR. MI LER: Your next speaker is Al Schantzen, and he will be followed by7; Tom Kepp. MR. SC HANTZEN: Thank you, Mr. Chair. Al Schantzen, for the record. Commissioners, I'd like to right off with a thing from Amos 6 : 12 . It says, "Do horses run on rocks?" At DAS we have an issue where the ACOs went over to Code Enforcement, and the responsibility for Code Enforcement over the ACOs and the regulations all are housed there, and those are where Page 16 Page 375 of 5243 April 22, 2025 the Special Magistrate is and all of the legal action that goes on, including the ordinance rewrite requirements and stuff fall under Code now instead of DAS . What happens at DAS board is we end up in a quagmire because we're trying to solve regulatory is sues that are not in our venue at the board. And forgive me for not following up with that. I am on the DAS board. I'm on the CRA board. And I'm an animalaotivJ st • that aspect. The one thing I'd really like the Council to --the Commission to consider is moving the two or three seats that are aYailable on Code Enforcement into the animal area and let peop e that have the passion and stuff go on the Code Enforcement Boar to help guide Code Enforcement on the need for however many ACOs , the training, the specialty of what the animal control environment 1s, because in the way the ordinance is written domesti G Animal Services Advisory Board does not have any abili!Y to do these things unless we branch off into a subcommittee. So I'd like you to consider rearranging, as you did for the DAS board, to get board members on there. You manipulated the positions to let them get in. I do ' recall if you did it through regulation or through theJ3oard it elf on a majority vote, but I'd like you to do the same with Code Enforcement to get some animal specialty on the Code Enfqrcement13oard. Thapk ou. CHAIRMAN SAUNDERS: And, Al, thank you for serving on AS advisory board as well. Thank you. MR. SCHANTZEN : One more thing, flash news, it's the first I heard that you've resigned. And I bless your heart. CHAIRMAN SAUNDERS : Thank you, sir. MR. MILLER: Your next speaker is Tom Kepp. He'll be followed by T om Despard. Page 17 Page 376 of 5243 April 22, 2025 MR. KEPP: Tom Kepp. I started SNIP Collier, as most of you all know. I've been coming up in front of this commission, and I have minutes from a lot of the meetings since about 2003. And we've --if I add up the budget of the enforcement and DAS , it --you use $3 million a year, which I think is very low. That's abou $60 million we've spent since I've been talking about this. And these videos are ones I've taken. The next day afte that video was taken, I have --well, the still shots in there were of that, there was probably 15 dogs in one street. They were mating. Like Laurie says, it was just --you know. But I want everybody to understand , this is not just Immokalee . I saw some of the comments made . And ·t's Bill' d·strict, but everybody up here is a commissioner for the who e county. And this is a problem. There's <3ruelcy case . I used to live in Liv ingston Woods. Right now there's a cruelty case fr om the Sheriffs Department going on from ther . That's right downtown. There's a place in Golden Gate Cicy that is --I know they're dog fighting. And if you read the case, you will go, "Are you kidding me?" Because actually --ow, I don't know whether they ever did it, but the Code Enforcement actually said to me, "Well , Tom, we're going to make him get a breeder permit," because there were puppies. And I said, "Serio sly? What are you going to do if they tell you you can't come,in to inspect?" "We'll pu ll their permit." Thi~ of that. I mean, they don't want a permit in the first place. Naples Park has a cruelty case going on. I don't know much about it. That's with the Sheriffs Department. So this is --this is all over the county. And we're getting ready to --like I said, I just signed a contract with Benchmark Builders to start our facility in Immokalee . I do want to thank the Board for all the years that we've --you know, it's been six years since we've had that lease. Page 18 Page 377 of 5243 April 22, 2025 Thank you. We're going to actually start building probably the first of May, as soon as my last permit's out. And so this is going to help it. But the problem is , our organizations, DAS, Humane Society, us , we can all do rescue. We can do spay and neuters. We've done -- SNIP Collier's done about 16 ,000 spay and neuters since 2015 is when we turned into a 501(c)3. I've been doing it a lot l onger t an that. Just this year alone, I've either trapped stray dogs or got owner surrenders, over 80 dogs already this year. And tbe ones that were owner surrenders and the puppies under three months , I've taken them to Cape Coral and Gulf Coast. So I've kept those out of your facility . And the other close to 50 that I've pro ably brought into DAS , we brought them in off the streets. o they're out there , and this is all over the county. So once we get this bu'lt an then we're going to start on our -- about a 4,000-square-foot medical rescue facility. So this is going to help a lot in the county, but we can't do --we can't fix this problem until we go after t e ba pJ.ayers , the bad actors , and that's what we're not doing. I just turned somebody in just recently, and it took them over a month to go there, and I have an eight-year history of turning them in for having puppies . So anyway, I gues s my time's up. Any questions? COMMISSIONER McDANIEL: It is. CHAIRMAN SAUNDERS: I don't see any questions. Thank you , Tom. Thank you for all that you're doing . COMMISSIONER McDANIEL: As he's going away, I just want to say thank you to Tom, his efforts . Again, Immokalee is an aggregated community. It's easy to go over there because of the Page 19 Page 378 of 5243 April 22, 2025 urbanization of the town and see where strays are. This issue is prolific throughout the entire county and needs to be addressed, and I'm sure, as we move forward , we'll be taking these issues up . MR. MILLER: Your next speaker and final speaker for Item 7 is Tom Despard. MR. DESPARD: Good morning, Mr. Chairman, Commissioners. A small problem for the county. There's a hole in theJ'ence. I live at the Isles of Collier Preserve, and I'm sure you'reJ'at}l iliar with the stormwater channel between Isles of Collier Preserve and Treviso Bay . We have a situation where --and I ,have dra ings and I have notes here where there's a hole in the --ther&s no fencing between the fencing that the developer put i several years ago on our property line, and there's a gate that needs to be repaired. This is on the west side of the canal. There's two roads, the county roads , one on each side of the canal. They'i:._e"gravel roads, and that's fine. They're for service vehicles. What happens is, t e west side , people have been coming in on their bikes and walRing in as if it was a public park. And the way their fencing's set up for the Isles is that we have a Florida Power & Light easement, we have other openings where they can actually walk right i~to our evelopment. I've seen someone in my backyard. So would like to see this addressed. And I can give you the drawings of the --if you're familiar. Any questions? It's District 1. COMMISSIONER LoCASTRO: We'll take the drawings . COMMISSIONER KOWAL: Is it your side or my side? COMMISSIONER LoCASTRO: I don't know. That's what I was going to see. COMMISSIONER KOWAL: Yeah, I'd have to look at it. MR. DESPARD: It's --I think it's --it's right next to --or right Page 20 Page 379 of 5243 April 22, 2025 outside of Isles of Collier Preserve on the east --on the -- COMMISSIONER LoCASTRO: Commissioner Kowal and I will work together on it, because I think it's, like, right on the line. But we could care less. We want it fixed. MR. DESPARD: Appreciate it. Thank you very much. CHAIRMAN SAUNDERS: If you'll give the drawings to Ms. Patterson, she'll get them distributed. COMMISSIONER KOWAL: Thank you, sir. COMMISSIONER LoCASTRO: Thank you, sir. CHAIRMAN SAUNDERS: Ms. Patterson, efore we move on to the next item, I want to talk for just a moment about animal control, because this has been a really difficult is ue for --certainly, I've been kind of involved with it for a yea an a half now. That was at the beginning of the repairs to the buildings and the problems that were brought to my attention. We do need to get kind of a handle on what's going out there . There was some discussion abo t the cages not being big enough and things like that. I don't ant to get into a discussion of all that, but perhaps you could at some po · nt in the not too distant future kind of give us a report on where we need to go with this to solve this problem. You've got some real experts here that have been working with DAS for --iterally for decades , and so I'd like to -- MS. f ATTERSON: Yes, sir. C Al~AN SAUNDERS: --get some guidance from you and see if e can start solving some of these problems. MS. PATTERSON: We can bring something back pretty quickly and give you an update on not only the facility, but the situation with the animal control officers, as well as some of the plans we've been talking about to address these issues with the animals running at large and a more aggressive education campaign, because a lot of this --there are people that mistr eat animals, absolutely, but a Page 21 Page 380 of 5243 April 22, 2025 lot of it is people that don't know better or, you know, they come from places where it's okay for animals to run around. And so we do need to work on that. I've been talking to Mr. Dunnuck about Immokalee specifically and partnering with the CRA on some activities out there that would help the animal owners. CHAIRMAN SAUNDERS: Commissioner McDanie~ would you be willing to kind of help out in terms of the Immokalee area? COMMISSIONER McDANIEL: Oh, absolutely. :And, you know, I spoke --I speak to Mr. Kepp on a regular basis. You know, we've gone without a board at Farmworkers Village for almost three years, and we just recently got four new appointees to that board. There are lease arrangements that the folks at the Village --Farmworkers Village --we call it t e \(illage --can put in effect to manage --better manage that from their tenancy for the people that live there and proµ1ote the etlucational aspect as well. So along with what Tom' doing ith SNIPs, over at our old DAS facility that had been shut down for years --I mean, when I became a commissioner eight ears ago, DAS was virtually nonexistent in Eastern Co ·er County, at large . And it --again, it's a matter of semantics. It's a matter of budget with regard to your asset base, what you can and can't do. But I'd be more than happy to work. If I may, I kind of jumped out and then jumped in in front of Commissioner Locastro. But one of the things that really needs to be addressed by this board --and I had hoped that the DAS board was, in fact , going to take it up --and that's the actual ordinance of DAS with regard to enforcement, with regard to care of the animals, with --I mean, it was brought up years and years ago , if you'll remember, when we had the issue with illegalization of retail sale of dogs and cats, and it was talked about then, but then nothing ever, in fact, transpired with regard to the adjustments in that ordinance that I think would be a huge Page 22 Page 381 of 5243 April 22, 2025 enhancement to give our staff more support, give our enforcement officers a better capacity to do their job. CHAIRMAN SAUNDERS: Commissioner McDaniel, then, it sounds like you'd be willing to kind of work with the staff and all in terms of how to deal with some of the problems, especially t ose in the Immokalee area and with Tom Kepp and the -- COMMISSIONER McDANIEL: Not Mr. Kepp, but everybody else, yes. CHAIRMAN SAUNDERS: And I see that he js really grateful that you've excluded him from your list of people that you're going to talk to. Commissioner LoCastro . COMMISSIONER LoCASTRO: Thank you, Chairman. I just want to add to that list, that when we have deeper di s cussion, after you do a little bi of a deeper dive, to not overlook the fines that have been given. mea , the ACO officers that are out there actually have given fines; maybe not as aggressively. I don't disagree with some of the statements here. But I got a list yesterday of some people that have een --you know, gotten citation after citation, and they low it off. And so thi might be something more for Mr. Klatzkow. But it reminds m ~of when I wasn't happy with Code Enforcement fines for nonanimal thin s, people that were getting these fines that were running up tens of thousands of dollars, and they were blowing us off. Andi you remember, we all voted unanimously to put a little bit more teeth in the language. I hink we pulled more people into this room, and our Code Enforcement Board, you know , handled them in a little bit more of an aggressive way. We stopped going from , you know, the fines of $10 ,000 and then lowering it to zero because they finally were in compliance. But I think we have a similar thing here. Page 23 Page 382 of 5243 April 22, 2025 And these fines aren't huge, but when, you know, 100 percent of the people seem to be not paying them and blowing them off, then, you know, it reflects poorly on us . So I don't know --I know you can't drag these people off the street and throw them in jail because they owe us $200 in fines but there's --obviously, that's part of the problem as well. So these ACOs, I'm sure, are frustrated that the ones that are doing the work and then give out the fines and then nothing appens, they probably feel like they're just spinning their wheels. So that's a hot topic as well, obviously. CHAIRMAN SAUNDERS: And, Mr. K atzkow , you and I have talked about hobby breeders for quite some ti e now. I mentioned to you yesterday that there's a proposed bill before th e Florida legislature to deal with hobby breeders. So I'd like for you to pull up that proposed legislation, because there may be some stuff in there that would be helpful to you. But when are we going to ave our hobby breeders ordinance advertised and before the B oard? MR. KLATZKOW: You're going to have that done at your next meeting, if that's -- CHAI~A S DERS: We've been looking for this -- MR. KLATZKOW: --your desire . CHAIRMAN SAUNDERS: --for a while. So ifwe can --if you could llllove that along. MR. KC-A TZKOW: But I will tell you that if those bills pass, we'reJ2 reempted. They are extensive . C AIRMAN SAUNDERS : Okay. Well, in the meantime -- MR. KLATZKOW: Yes. CHAIRMAN SAUNDERS: --let's --we don't know what's in those bills. We don't know if we'll be preempted. We don't know , if there is a preemption, if it will be prospective as opposed to Page 24 Page 383 of 5243 April 22, 2025 retroactive. So let's get our ducks in a row on that. Thank you. Ms. Patterson, we'll move on. MS. PATTERSON: Yes, sir. That brings us to --Items 9A and 9B are continued, as noted on the agenda. Item #9C ORDINANCE 2025-22: AN ORDINANCE AMENDING HE PEDESTRIAN SAFETY ORDINANCE PROVIDING FOR A NEW SECTION ESTABLISHING REQUIREMEN S FOR THE OPERATION OF BICYCLES ON SIDEWALKS , CROSSWALKS , AND IN INTERSECTIONS WITHIN \HE UNINCORPORATED PORTIONS OF COLLIER COUNTY, F~O ID.A -MOTION TO APPROVE WITH CHANGES BY COMMISSIONER KOWAL; SECONDED BY COMMISSION.ER MCDANIEL -ADOPTED So that brings us to 9C. Thi • s a recommendation to approve an ordinance amending the pedestrian safety ordinance providing for a new section establishing requirements for the op eration of bicycles on sidewalks , crosswal s, and in intersections within the unincorporated portions of Collier County, Florida. CHAIRMAN SAUNDERS: Commissioner Kowal , this has been you eff oct. Do you want to lead of f? COMMISS ONER KOWAL: Yes , Chairman. Thank you. Yeah, this is something --you know, I've noticed the past fe w years an uptick in the use of these electric motor-assist bicycle s. And, you know , in the past they were typically bicycles with pedal systems on them that had a little assist motor on them, but now they're being actual modes of transportation that are similar to motorcycles in some cases. I mean, some of the ones that we've seen out there. Page 25 Page 384 of 5243 April 22, 2025 And now they're classified. They're classified from Class 1, Class 2, Class 3, and then they have the Class 4 and unclassified, which some of those things, they go up to 50 miles per hour. And, I mean, the Class 3s can go up to 30 miles per hour, 28 to 30 miles per hour. And they're being driven on our sidewalks . They're being driven, you know, in areas that typically are not used to h ;ving a vehicle travel that fast, especially intermingled with the pedestrians that are just trying to navigate throughout our county . And we're seeing an uptick in accidents. So I felt that --you know, visiting this, I met with a few different gi:oups; Sheriffs Department ; the bike pedestrian community, the chairman, and we sat around and discussed some options to b ing forth to maybe strengthen the ordinance we already ave to include the bicycle portions of it, including with the elect ic-assist motors and the electric motor bikes. So this is pretty much a combination of all that , and this is what we kind of came up with. And the County Attorney's Office assisted us in getting this prepared pro erly to make sure we weren't outside any statute or Florida S atute or standards or overreaching anything, so this is what we'v come up with, so ... CHAIRMAN SA DERS: All right. Commissioner McDaniel. COMMI ~fONER McDANIEL: Thank you, Mr. Chair. I'm in complete support of this. This is the beginning of a process£ r us as a community to address a new issue. W o would have thought five years ago that folks would be riding around at 30-plus miles an hour on our sidewalks and on our streets without any kind of regulation. And I know it's been --it's been an arduous trip for you. I have two comments and then a question. I'll ask the question Page 26 Page 385 of 5243 April 22, 2025 first. How are you --how are you working --how is the cooperation with the Sheriff with regard to the enforcement of this? Because that seems to be a revolving door as to who's responsible for upkeep on this, and then I have a couple of statements about your --about the ordinance. COMMISSIONER KOWAL: Yeah. Initially the traf 1c, t e STEB unit, which is their traffic enforcement safety unit, I met ith them, the lieutenant and the sergeants, and they were part of the process of looking at different ways to attack it. And then after the fact, chief --Undersherj (f Bloom, we've had a couple conversations. And, you know, he gave the his word, his support that , you know, they believe it is an issue an4 that it's something that has to be addressed. So, you know, they were more in --you know, definitely were motivated to have some other too in the toolbox. Because right now they're kind of handcuffed, because by s ate statute --even at an accident scene where you have an • ndividual on a bicycle that leaves the sidewalk area of safety and gets struck by a car, there's no language in the state statut s that --to distinguish that person from a pedestrian. And the t e state leaves it up to the counties because they don't have jurisdiot • on over your sidewalks. So they leave it up to the county to create some sort of ordinance to address these problems. And theY.'ve a ways been handcuffed by that because, in the past, they have to act as a pedestrian, not a --not a person on a bicycle or a bicycle that's traveling 20 or 30 miles per hour. So it's a game-changer. So now they have --they'll have a tool to actually use when it comes to investigating these things or enforcing it. So I think they have a positive avenue so far. CHAIRMAN SAUNDERS: Commissioner McDaniel, did you want to make your comments now? Page 27 Page 386 of 5243 April 22, 2025 COMMISSIONER McDANIEL: I would like to, if I may. CHAIRMAN SAUNDERS: Sure. COMMISSIONER McDANIEL: The bullet points that are here listed in the --in the proposed ordinance --and you would make --I know your goal is to make my life easier, but if you number thpse bullet points so that we could talk about them specifically. But the two --the two that are three-quarters of the way down that are addressing bicycle operations, they seem to --if I'm not mistaken, there's already law in place with regard to the use of a edal bicycle. COMMISSIONER KOWAL: No, there's Jiot. Not on a sidewalk. COMMISSIONER McDANIEL: '.£'here ·sn't? COMMISSIONER KOWAL: No . COMMISSIONER McDANIEL: Okay. COMMISSIONER KOWAL: lJet's why even with a bicycle accident involving a motor veh • cle, w didn't have anything to label the bicyclist separate than a person just walking on the sidewalk. COMMISSIONER McDANIEL: So this , in fact, addresses that. COMMISSIONER OW AL: It addresses it. COMMISS O BR McDANIEL: It was in my understanding that the bicyclists had laws already. They're supposed to stop at the intersection. l hey're supposed to walk their bike across the street. They're suppos\.d to abide by the traffic laws at large. I didn't realize that we actually had to distinguish about a bicycle who's going in the op osite direction of traffic. That was a --that was another new one for~. COMMISSIONER KOWAL: Yeah. And that's --like an example is Airport Road. Airport Road does not have a designated bike lane, so all your traffic , bicycle, electric bike, all that, is going to be on the sidewalks because they're not going to go out in that traffic and try to traverse it without a safe bike lane being designated. Page 28 Page 387 of 5243 April 22, 2025 And what happens is that's a positively divided road, which a divided road means there's a median that you can't just cross to go the opposite direction. So a lot of these intersections where they don't have cut-throughs, the individual's not looking to their right. They're looking to their left because that's where the traffic , the dange of entering into traffic is. And then you have a bicycle comi11ig 25 iles per hour, 20 miles an hour from the right. They can gla ce that way once in a while, but it's on top of them before they get a chance to react and, you know, that's where we see a majority of these accidents at those type of intersections. COMMISSIONER McDANIEL: We had hat -- COMMISSIONER KOWAL: So co trolling them by --when they have to be put in that situation with, you know, stopping at the intersection is , you know, what I think would help us . CHAIRMAN SAUNDERS: Comm ·ssioner Hall . MS. PATTERSON: Tha~ou, Chairman. This definitely needs to be aadressed and definitely needs to be looked at, but there --theFe are some of the things within this ordinance that I think we need to have a conversation about, and one of them is with ev eryone over the age of 16 , we force them into the bike lane. A~d while I personally would love that, there's a lot of elderly people who ride e-bikes that are pedal assisted. They're not riding those --they're throttle bikes. But they don't want to be forced into a bike ane because it's --they're not comfortable. It's not safe fo r: thell\ And by forcing them out there, they're basically just going to say, "You know what, we're not going to enjoy our e-bikes or our pedal-assisted bikes." I know that this --when this came up earlier, the Sheriff took issue with something and didn't --didn't like it. Do you remember -- can you --do you remember what that was? COMMISSIONER KOWAL: I never specifically --the Sheriff Page 29 Page 388 of 5243 April 22, 2025 didn't specifically say anything in particular. I know when it went through the motion --when it went through the process, at one point it got to the legal department --the County Attorney could probably help me on this, because it didn't really --we didn't really get an answer, so we didn't know what happened, but if you can -- MR. KLATZKOW: One of the things that my office has traditionally done is worked with the Sheriffs Office on,,anything that would require his enforcement. And I was told by his counsel that there was no interest for this ordinance. COMMISSIONER HALL: Right. Well, we owe it to the people to do something and do something that's for benefit of everyone . And one of the things --ther 's different classes of bikes, and there's Class 1 s that's pedal assisted wit n throttle , and then there's Class 2 that's pedal assisted with a tfi ottle, then there's Class 3 bikes that are just --you can just run,,,_ the J ike a motorcycle. And I --I would like to see u addre.ss or talk about maybe banning those Class 3 bikes from any sidewalk because --or limiting any speed that's over 15 mile an hour. The other bikes can't go that fast. And the people that wan to remain on the shared paths, they are wanting to be safe. They are wanting to be considerate to others. It's the people that are going against the traffic. It's the people that are going to work. I love the~act that they have these e-bikes that they can use for a chea~er mode of transportation. I just want to see this ordinance f o ce t ose people to obey the traffic laws, to have consideration for pedestria son the sidewalks, not to go fast , and not to be able to put other people in danger or even make them feel uncomfortable. I've been on those shared paths, and I've had people just blow by me when I'm walking, and it makes me mad. It makes me mad. It doesn't make me mad because they're going fast. It makes me mad because of the inconsideration of it. And you don't expect it. And, Page 30 Page 389 of 5243 April 22, 2025 you know, I'm out there with my grandchildren. I've got my grandchildren on bicycles. We've got helmets. We've got lights. We're trying to --I'm trying to teach them everything, how to be courteous, how to announce traffic , how to point where they're going, and how to be a good, responsible cyclist, and yet we have these e-bikes coming against us , and we just basically have to get off of the path to make room for them, and that's not right. And so what -- however we come about this, I'd like to see us address t ose • ssues. CHAIRMAN SAUNDERS: I think part of the bad news is the legislature's gotten involved in dealing with e-bikes and all , and so we have some limitations. Mr. Teach, can you -- MR. TEACH: I would --Scott Teach, D~uty County Attorney . I just want to address Commissioner ~ll's comments. And I'm actually in agreement. I was going to ~aise this today. When I explored and researched this I looked at chartered, non-chartered counties, and municipalities and saw what they were doing. Some of them addressed --very restrictive . Our ordinance -- proposed ordinance isn' ;very restrictive compared to some other jurisdictions. It's a very reasonable ordinance, I think. But some address speed limits. Now, Chapter 316 of the Florida Statutes allows the county to do what you want to do as far as an ordinance, implementing it; however, yon really should limit --and I think --I would suggest to yon that they add a Subsection I to the ordinance that's proposed today that simply says, "The operation of all devices allowed under the ordinance on any sidewalk shall not exceed 15 miles per hour." That addresses the issue, because Class 2 bikes can go up to 20 miles an hour. You're under 15 now. And I think if you put that in there , you're unassailable. CHAIRMAN SAUNDERS : Great. Page 31 Page 390 of 5243 April 22, 2025 Commissioner Locastro. COMMISSIONER LoCASTRO: Thank you, Chairman. Really, the meat of this is A, B, and C that's going to cause a lot of questions. And if I understand C correctly, it says, 11 Any person under the age of 16 is prohibited from riding a Class 3 electric bike on public roads , bicycle paths, and shared roadways. 11 So 1 ·ke Chairman --or like Commissioner Hall was saying, Class 3 are the fast ones, right? COMMISSIONER McDANIEL: They're all fast. COMMISSIONER LoCASTRO: And that's what I have a lot of in Marco Island. So if I look at C, if I'm 15, 14, 13 --hell, we have 10-year-olds that are operating Class 3 bikes. They Gan still operate them, but they would have to be on the sidewalk. They couldn't be on the --on the roads and whatnot. And, you know, that's where I th·nk --you know, I don't think any ordinance is going to be ~e f ect, but we don't want to create more confusion out there, and that's the one that I think is going to give us a lot of pushback because it's --we're putting the fastest bicycle -- unless I'm misunderstanding it. COMMISS O B~ OWAL: You're misunderstanding it. COMMISSIO ER LoCASTRO: So explain it to me. If --are we putting the fastest bicycles with the youngest kids on sidewalks, or were --o~ were --so what are we doing? COMMI ~fONER KOWAL: We're eliminating totally. They're not allowed to operate Class 3 in Collier County -- COMMISSIONER LoCASTRO: Totally. Maybe the wordage just needs --you know, I mean, we've got to be able to send this out to citizens who haven't been part of the discussions we've had and make it crystal clear. And I like what Scott said about the miles per hour. Although, I'm sure if the Sheriff was standing here --and we have a sheriff right here. You know, I mean, Dan, you probably Page 32 Page 391 of 5243 April 22, 2025 would sit here and say, "What, is the Sheriff going to be out there with a speed gun?" No, of course not. So it's more of guidance to citizens. And that's not bad. It's better than what we've got up to now, but I think we have to be very clear in the wording. And the fact that we've been talking about it --and I'm sitting here trying to ask a question and understand it perfectly. I'm not sure that if we shoot this out to the world it's got, you know, the most specific wording, and ·1 might be missing a few things, as our attorney was saying. So th§se are my concerns . CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISSIONER KOWAL: Yeah. I ould just -- Commissioner Locastro, I would just -- COMMISSIONER LoCASTRO: Yeah. COMMISSIONER KOWAL: --say that the C --yeah, just to clear that up. That anyone utlfler h@ age of 16 is prohibited, I mean, not allowed to operate a Class 3 or higher bicycle, electric-assist motor bicycle in Collier Gounty. COMMISSIONER DoCASTRO: Yeah. COMMISS O BR KOWAL: In public roadways , shared paths, all that. To address the other thing, we talked about the speed limits. I believe the PUD --ped community board with the MPO had brought that up, and their chairman brought that up to me that they --it was one of their ideas to have posted speed limits or a speed limit set on the sidewalks. And then when the sheriffs were like, it's almost impossil:He to enforce that, they would --you know, you would almost have to have guys running their radar and laser. And if it's not posted, then they have nothing , you know, to articulate the area. You know , just --to them they thought it was a harder thing to enforce than just visibly seeing somebody that looked to be 25 years Page 33 Page 392 of 5243 April 22, 2025 old or 30 years old operating a bike on a sidewalk. MR. TEACH: Commissioner Kowal, the only thing, when I said I looked up jurisdictions and some did restrict and some didn't, I went back to the enabling statute that allows the county to do this, and it's 316.008(7)(a), and the last sentence of that says if you're going to restrict anything on the sidewalks, "The ordinance ).llUSt restrict such vehicles or devices to a maximum speed o 15 miles per hour." So I believe it needs to be in there . And as far as Commissioner LoCastro's comment and consistent with like Commissioner Kowal just said, you cou d change "C" to any person under the age of 16-year-olds is proliibjted from riding a Class 3 electrical -- COMMISSIONER LoCASTRO: Period. MR. TEACH: --bicycle , period, if that's what the Board wishes. CHAIRMAN SAUNDERS: Co issioner McDaniel. COMMISSIONER LoCrk STRO: Yeah, that would be my suggestion. COMMISSIONER cDANIEL: Well --and I like that suggestion, and I like the speed limit suggestion. And a the end of the day, this boils down to enforcement, and we have an issue with our Sheriffs Department. If they don't physically witness an infraction, it's not enforceable. But to Comm~sioner Hall's point earlier, if --as is with virtually all of our traffic circumstances , the Sheriff has a limited amount of assets and a limited amount of capacity to be everywhere, so they end up hitting hot spots. So when reports come in similar to what we do with traffic infractions, intersections that are bad, code enforcement, citizens can call and say that on whatever --Commissioner Hall, what path was it you were walking on when that person -- Page 34 Page 393 of 5243 April 22, 2025 COMMISSIONER HALL: I was on the Vanderbilt Road shared path. COMMISSIONER McDANIEL: Okay. So there's a --we're -- and, Commissioner LoCastro, you have areas in your district where the bikes are heavily used. That can be a notification over to our sheriffs department. And is it worthwhile for us to send a deputy out there with a radar gun checking the speed on these things? Probably not. But it also is a mechanism that we have to start to bring down the level of danger that's --that's actually impacting all of our community all the way across the board. CHAIRMAN SAUNDERS: Mr. Miller, do we have any registered speakers? MR. MILLER: We do have one reg· stered --or excuse me , two registered speakers for this item. Your first speaker is Brian Lynch, and he will be followed by Susa Sonn{1llshein. CHAIRMAN SAUNDERS: Okay. I the speakers could come up on the microphones. Commissioner Kowal. COMMISSIONER OW AL: I just --I just want to put something out to my board members here , because there was two things, and Commissioner Hall brought it --kind of brought it to light, and these are two things I was discussing last night with a very close frie d, C~tain Lee with the Sheriffs Department, who's been retired, Dre , or many years. -e h d a nice conversation last night, and we were talking about the C ass 1 and the Class 2 bikes, and then if we have what the attorney's saying with the --it's just understood that 15 is the maximum speed limit on the sidewalks ; that then if you have people that are a certain age , elderly groups and things like that, it wouldn't, you know, affect them if they're on those type of bikes, and, you know, of staying on the sidewalk. Page 35 Page 394 of 5243 April 22, 2025 Now, there's two different things we're talking about, a shared pathway and a sidewalk. Shared pathways are designed to handle both bicycles, pedestrians because they're wider, they're designed, they have bigger buffers. But you can understand, we have sidewalks in this com unity that are here for 30 , 40 years and never expected --they're vecy narrow, you know, along some of our roadways. So those are the ones more of being addressed. And I felt those were two things that I think up he e that we could have a healthy discussion on maybe cleanjng those up, you know , because on the shared pathway or bikeway, I wouldn't force people on the roadway because I think that woula --it could accommodate both bicycle and people on there as long as they --and there's more in the ordinance, if yowread on, about the early warning, you know, when you're on a bike ver us eople and things like that. I think there's a lot of things that people have questions that are already in there that --you know. And just to address the ones that are extremely fast that go 30-plus miles per hour, those are --those are the ones that are over the 750-watt. Now, we have a provision in the ordinance to say those are just banned com~etely in Collier County in public. Now, if somebody wants to buy them for their children on their own property to ride around like a dirt bike or something, that's -- that's fine. But the minute they come out on the roadways, they're jeqparaizing theirselves , you know . And that's why that's in there. And that's actually a state statute. The state doesn't recognize electric bikes over 7 50 watts. And we have --I have a video right now --I should have put it on there. I showed the County Manager yesterday. Three kids on the seventy fifty [sic] plus watt bikes on Goodlette-Frank Road going 60 miles per hour, and the constituent's dri ving next to them the Page 36 Page 395 of 5243 April 22, 2025 whole time trying to keep up with a video camera; 14 years old. So it is what it is. CHAIRMAN SAUNDERS: Let's go ahead and hear the public comment, and then we'll get back to the -- MR. MILLER: Your first speaker is Brian Lynch, folio ed by Susan Sonnenshein. MR.LYNCH: Hi, Brian Lynch. Marco Island. I just wanted to bring up the shared path versus the bike lane. I just want to make sure that there is an option for us o se the shared path or the sidewalk, because sometimes those bike lanes --I mean, they're not --sometimes they're not wide enough. Cars are not moving over, but if they can't get over, they're ri ing the white line so you're right next to the car. Very uncomfortable sometimes because --I mean, you guys, I don't know if you've been on those bike paths and cars riding right next to you. Sometimes it doesn't feel like there's that much space. So maybe the width of that w.i11"11 eed to be addressed for new roads if you're going to incorporate moving everybody over to give them more space. In regards to that , onJ going towards Marco, I think they did a good job. They put in ouble white line , I think, on some of the 951 road, a d t en also there's reflectors . So that makes people see that there i a bike lane there so people will --I think, are more cautious on that --riding that lane. So l just --thank you very much for your time. CHAIRMAN SAUNDERS : Thank you. MR. MILLER: Your final speaker on this item is Susan Sonnenshein. MS . SONNENSHEIN: Good morning . My name is Susan Sonnenshein. Thank you for pronouncing that correctly. And I'm on the board of Naples Pathways Coalition, so I'm in safety, et cetera. Page 37 Page 396 of 5243 April 22, 2025 ~A..n d I ride an e-bike, and I have for several years. I gave up my road bike because it's too scary here in Collier County. But I'd like to address the confusion around e-bikes. E-bikes are bicycles that require pedaling. If you are not pedaling, you're not on a bicycle. It's as simple as that. Rather than those speedy machines that we see, they really should be licensed, registered and insured, and controlled by the Department of Motor Vehicles. T ey're not bicycles. I've ridden thousands of miles responsibly here in Collier County, and I love biking safely, but I have to I?edal to make my bicycle go. I frequently meet these throttle bikes, these motor bikes, and they zoom by me, and they are dangerous , but they should not be classified as e-bikes. They --these motor bikes don't require a person to pedal. We've heard that a million times. And I have seen them go 30, 40, and 50 miles an hour. One example is that~~t kid that was killed recently in Palm River, he was 14 years ol .. He was going way over the speed limit of 15, and by the way, he was not wearing a helmet, which is required by law.. I'1Ilean, we can't --we can make the regulations, at least we ave them on the books, but we can't police everybody. We know that. What we need is a big investment in education, the schools, the Sheriff, Naples Pathways, bike shops, we all need to be involved in teaching eople how to safely ride these various pieces of equipment, w atever we call them. If we don't educate on safety and we don't enforce hese rules, nothing's going to improve. There will be more accidents and more deaths. Those of us pedaling on e-bikes are mostly not dangerous. They're senior citizens like me , and we mostly obey the traffic laws . Pedal-assist bicycles are not the people that are the problem. The problem are those throttle bikes or motor bikes or whatever you want Page 38 Page 397 of 5243 April 22, 2025 to call them. Terminology is very important here. So please don't punish those of us who want to enjoy safe biking in Collier County. Instead, address the unsafe conditions created by these zooming motor bikes are on both the roads and the sidewalks, and please recognize these as two separate and distinct group of recreational riders , whatever you want to call them. And thank you so much for addressing this. We're go · ng o see a lot of this in the future, and Naples Pathways is also working on trying to figure out where we fit. I believe Michelle Avola forwarded all of yo a copy of the little sign that I just saw on Sunday at --on Sanibel that differentiates who can come on their paths and who can't and what the rules are. I know we can't police it, but at least let people know. Thank you. CHAIRMAN SAUNDERS: 1:hank you. Commissioner Locastro. COMMISSIONER LoG i\.~TRO: Thank you, Chairman. First, I think our two speakers brought up two really critical points, and I think thi is --this is very close, but it needs a little bit more specificity. e already talked about shortening C to just basically sa_ying you know, if you're under 16, Class 3 bike is a no-go . The.miles per hour that Scott mentioned, I think, is a good add, so I'nysummarizing there. But i thi~ more clarity. And the first speaker talked about this. There's a difference between sidewalk, shared path, and bike lane. And even though it might seem obvious to us because we've been talking about it and whatnot, when we shoot this out to the world, there's some ambiguity in there. So I think if there's more specificity where we can say a sidewalk is yay wide, a shared path is yay wide, bike lanes are, obviously, the lanes on the side of the road or whatever the right verbiage is , I think this would benefit from a little Page 39 Page 398 of 5243 April 22, 2025 bit more specificity there. And as the last speaker just said, there's different classes of bikes. I don't know how deep we can get into the specificity. But as I read this , it sounds like it could benefit from more specifics on the types of bikes. You brought up some really good points. And then unless I missed it in here, did we talk at all about safety gear that anybody on any of these classes of bikes reguire a helmet, require a headlight, or anything like that? And I don't know if in your discussions , Corrufussioner Kowal, you got into that. I mean, I know we can only drill down so deep. But, you know, we do have safety expectations-J'o o~er things. Is that something that was ever talked about, you ow, that anybody on --regardless of the class, has to have a helmet or regardless of the class, has to have a headlight? Anytlf ng like that that was -- COMMISSIONER KOWAL: ere!s already state statute that covers that. COMMISSIONER LoCrASTRO: Okay. COMMISSIONE~KOW AL: The problem is the jurisdictions. COMMISSIONER LoCASTRO: Yeah. COMMISS O B~ OWAL: We're talking about two different jurisdictions. T)le s ate can control, you know, any person under 16 years of age has to wear an approved bicycle helmet. That's already a law. Any bicycle that operates after hours has to have a white visible light up to 600 feet and a red visible light in the rear up to 300 feet. These re already in state statute. They're already in Florida that already govern these type of vehicles. The problem is when you take the vehicle off the roadway, the state statute doesn't enforce how they act. Once you put them on the sidewalk, then the state doesn't want to take jurisdiction over the county's property. We own the --we own the sidewalks, the shared paths, the parks , the stuff like that. The state's not going to come in Page 40 Page 399 of 5243 April 22, 2025 and govern them. That's why they leave it up to the county to make their own ordinance. COMMISSIONER McDANIEL: But when it comes to safety, we support the state statute, you know, correct? COMMISSIONER KOWAL: Well , yeah , that's automafc. Just to have the bike -- CO MMIS SI ONER LoCASTRO: I just didn't know t ere wj l be a lot of people that will take this as the Bible . And I don't mow if it behooves us to reiterate in that paragraph somewhere what the state statute also includes because we're assuming there's some additional things that are in the state statute that are already --like you said, they're already enacted. Maybe if it's not, you know, reiterated ·n he e --and it might be overkill, but a lot of people are going to read this word for word, and whatever' s not in here , they may not have a state statute in their back pocket, so they might not be able to fill in the gaps. And when it comes to safetY'eq ipment and lights, like you say, those things are already in print somewhere. But I think this is a document that, once we 1 alize it, is going to fly off the shelves quickly where, I think, o t people probably are not aware of the state statute and how it complements this . So I don't know the --I'm not saying I have the exact answer of how to co,mbine the two, but it would be nice to hav e one document that that stood on its own and reiterated the big main points. And I think~~~-e addressed some of them, but just a thought. CHAIRMAN SAUNDERS : Commissioner Hall . COMMISSIONER HALL : Thank you, Chairman. Really, as I think about it, the problem areas in the county that I'm aware of --and I'm not familiar with out east and down in Commissioner LoCastro's district, but around mine and Commissioner Kowal's district , the problems ar e on 41, and the Page 41 Page 400 of 5243 April 22, 2025 problems are on Pine Ridge Road and Airport Road because there's not --there are not bicycle lanes on those roads. So people zoom in both directions on the sidewalks, darting through the intersections . Like Commissioner Kowal was mentioning, if I am turning right, I am only concerned about traffic from the left because 'm going to merge into the right. I have nearly --I had nearly ran right over one guy righ~ there on Pine Ridge Road across the street from Five Guys burge s. When I was looking left, I turned right, and as I did, I have no idea how I missed this guy coming from the right in front of me going against the --against traffic. So I'd like to see this ordinance really either address that and educate people that we need you going in the direction of traffic --I know that on 41 right as you leave downtown as you head east, there's not a --there's not a sidewalk on the left-hand side. Ther e's only one going across the br(dge on the ight. So there's probably areas in the county that people, you know, have to --they have to come the opposite direction. So if --but I want to make it plain and simple where we need to blend these bicycles, these e-bikes, these motorcycles , whatever we call them, to blend • with the traffic , obey the traffic laws, and limit, you know, the --limit their ability to fly on the sidewalks where there's not a bike lane. And with those two little adjustments , I love the way the ordinance reads. CijAlRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: And I'm going to --I'm going to second the motion once Commissioner Kowal makes it to make those two adjustments to the period, I think you said in Item No. C, and the adjustment of Item No . I for the added speed limit, and I'm going to second the motion for passing this . CHAIRMAN SAUNDERS : Okay. Let's get a motion on the Page 42 Page 401 of 5243 April 22, 2025 floo r here and also add to that the changes that are going to be made to this. We have two or three that have been described. Mr. Teach, you might have to help us out with that. Commissioner Kowal. COMMISSIONER KOWAL: Yes. All right. So , Mr. Teach, I know you had discussed the --because by statute, once we sta a restriction for the sidewalks, we'll have to implement so e sort of top speed. MR. TEACH: What I would suggest is we have a.Subsection H right now. Make a Subsection I that simply says -- COMMISSIONER KOWAL: I. MR. TEACH: --the operations of all devices allowed under this ordinance on any sidewalk shall not exceed 5 miles per hour, and that would cover that. COMMISSIONER McDANIEL: One five. Say 15. COMMISSIONER KOWAL: A.n,o then, Commissioner Locastro, I think on Page 5 of -- COMMISSIONER I:oC}\STRO: Okay. I'm on it right now. COMMISSIONER OWAL: --if you look at C , C says, any person under the age o~ 6 -- CO MMIS SI ONER r=oCASTRO: Yeah. COMMI SIONER KOWAL: --will be prohibited to ride Class C electric bike on public roadways. Were you looking at the descrjption one or that one? COMMISSIONER LoCASTRO: Well, I think we were all saying that we thought it might be more clear if it ended sooner and just sai , "Any person under the age of 16 years old is prohibited from riding a Class C electric bicycle," period. That, you know, the other stuff is not necessary, and it makes it very clear. Because you made it clear when --when I was trying to understand that, and you said, oh, under 16. And then like Scott said, maybe just put a period Page 43 Page 402 of 5243 April 22, 2025 after the word "bicycle." COMMISSIONER KOWAL: I think the only reason we have those designated, because those are the ones that are public. You know, we can't restrict somebody on private property if their kid wants --if they want to buy a Class C --3 bike. That's why we have that in there to say, "on public property", on these type of things. COMMISSIONER McDANIEL: I'm okay with that. COMMISSIONER KOWAL: If you have a fanp and you want a kid to ride around on a Class C bike, that's up to you. CHAIRMAN SAUNDERS: Okay. So we have an ordinance. We have two amendments to the ordinance at.this point that I think are pretty clear; is that correct? COMMISSIONER KOWAL: Correct. CHAIRMAN SAUNDERS: Any other amendments to what's before us? COMMISSIONER HALI5 : es. CHAIRMAN SAUNDER~: Commissioner Kowal. COMMISSIONER HALL: So when we see A, it says, "Any person over the age of 16 mus operate their pedal-assisted bicycle/electric bicycle in the bicycle lane when available ," that's going to force --thats going to force elderly people into the bike lane, and that's the main feedback that I've gotten is , "Commissioner, please don't force us into the bike lane," because basically, we're going to s~~\.WJ can't ride that bike. CijA.lKMAN SAUNDERS: Commissioner Hall . COMMISSIONER KOWAL: And originally the ordinance was what you just discussed earlier about having --you know, controlling the flow and which way people are going when they're using the sidewalk. But we were getting such a complaint about e-bikes being intermingled with other people, pedestrians walking. And I started Page 44 Page 403 of 5243 April 22, 2025 visiting and talking to people about, well, how can we kind of remedy it? Because it --you had --I was trying to draw a --I think we drew a line, like, saying, all right, what's the age cutoff? Well, with drivers it's 16. You can drive a moped. You can get a motorcycle only license. You can operate on the roads at 16 and above , but --and that --the reason that came up was if you've ever been at 6 o'c ook in the morning --a.m. in the morning going down Vanderbilt Beach Road, and everybody's riding down to the construction ites" which is the giant Ritz-Carlton, there's 30, 40 of the workers --because they're circumventing the system. We have to be honest. They don't have a driver's license. They're circumventing the system. They're using the sidewalks. They're using these e-bikes. And we've got children intermingling \}'ith them, going to school, we've got school buses stop:Q • ng . We've got --it's like a highway for them coming down thro gh ther e . And so I had to say, so ewhere, where do we draw the line, like an age? You know, I've got a 30-year-old going 30 mile an hour on a bicycle going to work oq a s/ de alk, you know, when kids are going to school. I mean, you know , that was the only reason we had to , like, say, all right, let's --how do we appease the people that don't like them qn the sidewalks? How do we appease the people that want to ride on the sidewalks? But Like said, my discussion last night, I started thinking about --don~t know if it's --if we could say only Class 3 bikes that adults are operating would have to go in the bike lane because they're faster, because now we have a restricted speed in the ordinance. COMMISSIONER HALL : We had a restricted speed -- COMMISSIONER KOWAL: So if we don't do the 1 and 2s can remain on the sidewalk, but once you go from Class 3 or above and you're over 16 , you have to go on a bike lane , because those travel at 30 miles per hour, so they could travel with the vehicles. Page 45 Page 404 of 5243 April 22, 2025 MR. TEACH: So are you suggesting, for example, this Subsection A on Page 5 of 6 say, "Any person over the age of 16 years old or who is operating a Class C bicycle must operate" -- COMMISSIONER KOWAL: Over 16 . Still keep it 16 operating a Class C bicycle, because nobody's going to be allowed to operate a Class C --3 bicycle under 16 . MR. TEACH: Over the age of 16 years old operating a Class C bicycle -- COMMISSIONER KOWAL: Three. COMMISSIONER LoCASTRO: Three. MR. TEACH: I'm sorry. I'm saying C but I'm thinking 3 -- COMMISSIONER KOWAL: Or hove. MR. TEACH: --because A, B , C . COMMISSIONER HALL: I ear you. MR. TEACH: Oper ate --ove t e age of 16 years old operating a Class 3 bicycle must operate the electri bicycle in the bicycle lane. COMMISSIONER KOWAL: Off --because of the legal off built --because I know --f"understand what this gentleman was saying, too . I've seen --J r·de my bike, too , every weekend. I've seen some of these bi e lanes. I on't think they meet the standards for FDOT's --you ~ow, in some of these secondary roads , and then you have the shared where hey're called the chevron roads, which are shared roadways . MR. TEACH: And that would limit the ex cessive bikes to the bi e lane. COMMISSIONER KOWAL: Exactly. C AIRMAN SAUNDERS : Okay. So we have a motion to approve an ordinance that's going to be amended. Just for clarification for the record, would you state what the three amendments are so far . MR. TEACH: We have new Subsection I, "the operation of all Page 46 Page 405 of 5243 April 22, 2025 devices allowed under this ordinance on any sidewalk shall not exceed 15 miles per hour." We're going to go to C, Subsection C, and say, "Any person under the age of 16 years old is prohibited from riding a Class 3 electrical bicycle." We know we can't regulate them on private property. And the last one would be, "Any person over the age of 1 ears old operating a Class 3 11 -- COMMISSIONER KOWAL: Or above. MR. TEACH: --or above , and those are prohipited anyways. COMMISSIONER KOWAL: Because they have the --they're prohibited anyways, but they're still going to be out. MR. TEACH: Yeah --must operate a electric bicycle in the bicycle lane when available. CHAIRMAN SAUNDERS : Okay. So, Commissioner Kowal, you have the motion that incorporates~ose three amendments. Are there any other amendments? (No response.) CHAIRMAN SAUNDERS: All right. Then we -- COMMISS ~ONBR LoCASTRO: Can I just add something? Is there any appetite up here to feel there isn't enough specificity in here about difference between sidewalk, shared path, and bike lane and not enough sp€cificity in here about safety equipment? MR. TEACH: We do have some new definitions for those various things. They don't talk about the size or whatnot, but they provide he specificity as far as what is a sidewalk, what is a bicycle lane , what is a pathway, and those appear in Section 3 , definitions , of the ordinance, including bicycle lane. And it just --for example, "Bicycle lane means any portion of a roadway or a highway which is designated by pavement markings and signs for preferential or exclusive use by bicycles , 11 and we do that for each of those various -- Page 47 Page 406 of 5243 April 22, 2025 CHAIRMAN SAUNDERS: And clearly, we can't give the dimensions because they're different sizes all over the -- COMMISSIONER McDANIEL: Yeah, sure , of course. CHAIRMAN SAUNDERS : So we have a --we have a motion. COMMISSIONER KOWAL: We have a motion . CHAIRMAN SAUNDERS: Do we have a second? COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS : Commissioner McDaniel seconded. that? That incorporates those amendments. Everybody's c ear on (No response.) CHAIRMAN SAUNDERS: All in favor, signify by saying aye . COMMISSIONER McDANIEL: Aye. COMMISSIONER LoC ST 0: Aye. CHAIRMAN SAUNDER-S : Aye. COMMISSIONER HAILb : Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS : All opposed? (No response.) CHAif-¥A 8 DERS: That passes unanimously. Than1< ¥OU. And thank you, Commissioner Kowal , for shepherding this hrough. COMMI ~fONER KOWAL: Thank you. MR. KC-A TZKOW: Mr. Chair, if it pleases the Board, what we will do is Scott will amend the ordinance, send each of you a copy of it for your review to make sure that it encompasses everything you wanted, and if we don't hear from you by Friday, we'll file the bill. CHAIRMAN SAUNDERS : Well --okay . But let's clear about something. We only --we have three amendments. MR. KLATZKOW: Yes. Page 48 Page 407 of 5243 April 22, 2025 CHAIRMAN SAUNDERS: So if there's something else in this ordinance that someone's uncomfortable with, we're going to have to amend the ordinance again . That will require another public hearing. MR. KLATZKOW: Yes, sir. CHAIRMAN SAUNDERS: What you're talking about is making sure the language on those three amendments is consistent with what we think it is. COMMISSIONER KOWAL: Voted on. CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: Can I ask a q estion, sir? CHAIRMAN SAUNDERS: Yes , sir. COMMISSIONER McDANIEL: Is this the --doesn't this ordinance have to come back for final adop ti on or is this it today? MR. KLATZKOW: No. What I 11 do is I'll send each of you a copy of it, and if there's no objection., we will file it with the state on Friday. COMMISSIONER MoD IE : I'm fine with that. CHAIRMAN SAUNDERS : All right. COMMISSIONER LoCASTRO: Can I ask -- CHAIRM~ SAUNDERS : Yes , sir. COMMISSIONER LoCASTRO: So as we all advertise this in our different forums , newsletters , town halls , or this gets out on the street and we start to get some feedback, if there's something, then, specifiG, we --I mean, we make it clear to citiz ens we could always amend this if we hear -- (Simultaneous crosstalk.) MR. KLATZKOW: Any commissioner can make a motion for reconsideration, and we can bring it back. COMMISSIONER LoCASTRO: Yeah. Because , you know, we're wide open listening to citizens. We have several that came to the podium here. No ordinance is going to cover everything, but if Page 49 Page 408 of 5243 April 22, 2025 there's something major that we missed or is ambiguous, you know, we want to know. So we'll work hard to get this out on the street when we see the final version and get feedback. CHAIRMAN SAUNDERS : All right. Commissioner Kowal. COMMISSIONER KOWAL: I hate to beat the dead ho se. CHAIRMAN SAUNDERS: No, that's all right. COMMISSIONER KOWAL: But, yeah, I think --I think a major portion of this ordinance, too, is --and by us doing what we did today is , I think there's got to be a period of education before enforcement. COMMISSIONER McDANIEL: Absolutely. COMMISSIONER KOWAL: And when I tall<ed to Undersheriff Bloom, they understand that, you know , that --and I think even including the school resource officers, you know, holding, you know, seminars with these ch;ldren, advising them of how the ordinance works, you know, the sa(etie and the pros and cons, you know, just in general. You kno , so I think it's going to be a big public push for, you know, many months until we actually have somebody that has to aetually be, you know , monetarily fined for it, I guess you would say. But • t has to be an educational period, and I think everybody connected to it understands that, so ... CHAIRMAN S ~DERS : All right. Ms. Patterson. MS. J> ATTERSON: Yes, sir. Item #9D ORD ANCE 2025-23 : AN ORDINANCE AMENDING THE SIERRA MEADOWS MIXED PLANNED UNIT DEVELOPMENT (MPUD) BY CHANGING THE FLOOR AREA RATIO FOR GROUP HOUSING ON LOTS 8 AND 9 OF THE SIERRA MEADOWS SUBDIVISION FROM .45 TO .60. THE SUBJECT Page 50 Page 409 of 5243 April 22, 2025 PROPERTY, CONSISTING OF 14.3 +/-ACRES OF A 90.8 +/- ACRE MPUD, IS LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RATTLESNAKE- HAMMOCK ROAD (C .R. 864) AND C.R. 951 , IN SECTION 22 , TOWNSHIP 50 SOUTH, RANGE 26 EAST , COLLIER COUNTY, FLORIDA -MOTION TO APPROVE BY COMMISSIONEJ} LOCASTRO; SECONDED BY COMMISSIONER MCDANf EL - ADOPTED That brings us to Item 9D. This item does vequ·re ex parte disclosure. This is a recommendation to approve aIL ordinance amending the Sierra Meadows Mixed Pla ned Unit Development by changing the floor area ratio for group housing on Lots 8 and 9 of the Sierra Meadows subdivision from .45 to .60, the subject property consisting of 14.3 plus/minus ac es of a 90.8-plus/minus-acre MPUD is located at the southwest q adrant of the..intersection of Rattlesnake Hammock Road and County Road 951 in Section 22, Township 50 South, Range 26 East, Collier County, Florida. Let's do your ex parte disclosures first , and then we 'll swear everybody in wit the court reporter. CHA RMAN SAUNDERS: Commissioner Kowal. COMMISS ONE KOWAL: I have meetings --yeah, meetings . 4.hat's it. CHA RMAN SAUNDERS: And, Commissioner Hall. COM I SIONER HALL : Thank you, Mr. Chairman. o, have no ex parte. CHAIRMAN SAUNDERS : Commissioner McDaniel. COMMISSIONER McDANIEL: Meetings. CHAIRMAN SAUNDERS: Commissioner Locastro . COMMISSIONER LoCASTRO: I had meetings as well. CHAIRMAN SAUNDERS: I had meetings , and I had emails, Page 51 Page 410 of 5243 April 22, 2025 so I feel special. COMMISSIONER HALL: Whoa, whoa. COMMISSIONER McDANIEL: Commissioner Hall's left out. COMMISSIONER HALL: Purposely. MS. PATTERSON: If all participants could stand up , p ease, to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affil}ll the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SAUNDERS: Okay. Before we start, this is clearly going to take more than eight minutes, ancl we are going to take about a 15-minute break. We can do that break now, and I'll just ask the petitioner, do you want to sta , and then we'll break, or do you want us to go ahead and take ~break or -- MS. P ASSIDOMO: It probably makes more sense to take your break first. CHAIRMAN SAUNDERS: All right. So why don't we come back at about --what, abo t 20 minutes to 11. Would that work for everybody? (A brief eces was had from 10:22 a.m. to 10:40 a.m.) MS . P ATT~RSO : Chair, you have a live mic. CHAIRMAN SAUNDERS: Thank you. 0 ay. We'll get back to the public hearing and the ... MS. PAT-TERSON: Whatever you want to do, it's fine. We're going to start with the applicant. C IRMAN SAUNDERS: Yeah. We generally, here, start with the applicant. MS . PATTERSON: I already --yes , I already read the title in before the break. CHAIRMAN SAUNDERS: Yes , we've already done the Page 52 Page 411 of 5243 April 22, 2025 disclosure, and we're all set to go. MS. P ASSIDOMO: Thank you. Francesca Pass -- COMMISSIONER McDANIEL: We did that all ready. MS. PASSIDOMO: Good morning. My name is Francesca Passidomo. I'm an attorney with Coleman, Yovanovich & oester here representing the applicant, the Morgan companies. With me today is Patrick Vanasse, the project planne , and the project civil engineer, Andrew Rath. I'll walk you through the scope of this petitio , theJ)urpose of this petition, and the location. Mr. Vanasse will explain in greater detail the planning principles in support of this petition. In summary, this is a request to allow fo :c, a floor area ratio of .6 , which is a technical deviation to your Lan,d Deve opment Code . Sierra Meadows is an existing PUD I will ~ow you its location in a moment. When the PUD was approved in 1999, it adopted the Land Development's Code --excuse me --the Land Development Code standard of .45. An assisted living and independent living facility was constructed in accordance with the .45 floor area ratio, but that had an unintended consequenee. Again, I'll walk you through in greater detail. This request will have no impact in terms of the actual commercial entitlements and commercial uses allocated to the PUD nor an impact on the location of those uses, external drives , preserve areas. The reserve and all of the access to the project was already apQroved as part of the PUD, platted and is developed. his is the location of the subject property. On the north side of the project is Rattlesnake Hammock Road. On the east side of the project is 951. Physicians Regional is caddy comer to the southeast. The assisted living facility is shown in yellow . The --this facility was constructed in compliance with its approvals, as noted. The approv als complied with a .45 floor area ratio standard, but through a Page 53 Page 412 of 5243 April 22, 2025 somewhat unique mechanism of including lot six, also shown on the screen, it's that red box south of Sequoia Drive. Lot 6 was included as part of the gross floor area ratio for the assisted living and independent living facility in its Site Development Plan. The purpose of this PUD amendment is to allow a FA standard of .6 in lieu of the .45 through the deviation process . A .6 FAR, as Mr. Vanasse will explain in greater detail, as become the current standard for independent living facilities and assisted living facilities , but in each case, a technical deviation is required, and that is the process that we are with you --in front of you today. Staff and the Planning Commission suppo the deviation . There has been no public opposition to this request to date , to my knowledge. In terms of the result of this request --so, really, the narrow question before you today is a rezone fo the deviation from .45 to .6 , and that is the standard of approval. hat is what you are approving. But I think there's been a ittle bit of, perhaps, confusion on the result of that request. So as I --as explained, the two yellow pieces of property and that red piece of pro erty, Lot 6 , are in one Site Development Plan. In that Site Development Plan, Lot 6 was noted, as will at this --will, at the time of Site evelopment Plan, remain unimproved. That allowed for a otal project acreage of including Lot 6, but the facility was ac ally constructed on the yellow. he outcome, in our opinion, and I believe in staffs opinion, is the antithesis of the purpose of this location which is, in fact , in an activity center that is intended to accommodate a mixture of uses including commercial services proximate to those project --excuse me --those job employment centers and residential properties near by. Page 54 Page 413 of 5243 April 22, 2025 Lot --Lot 6 is a relatively small lot. The maximum square footage that we could potentially put on Lot 6 through various assignments of intensity that we'll receive is 10 ,000 square feet. So this is not necessarily a huge generator in terms of impacts. All of those commercial square footages already exist in the PUD, so it's assigning it to this property, which was always intended to be developed as commercial but for that kind of odd Site Development Plan process that occurred with the assisted living facility. The commercial uses that exist in the PUD, as yo can see the screen, are self-storage. Gas station. This is not intended to be duplicative of those. Right now they're talking to a coffee shop and maybe a small other retail store. But this, again, is ot intended to be something that is hugely intensive . Certai ly co sistent with the square footages already allocated to the PUD. So in short, what we're attempting to do is look at the FAR, determine whether the devia Lon from .45 to .6 makes sense in this location. We believe it does 6eca se the assisted living facility is constructed, developed, and n ot 6 was intended to be a commercial piece of property. This process • s usually contemplated at the time of PUD, but because the PUD is so old, that's likely why they did this through the Site Development Plan process rather than coming before you through what we're doing today. So we're here today. I'll tum it over to Mr. Vanasse to walk t~ugh, again, the planning principles in greater detail. MR. VANASSE: Thank you. Good morning. My name is Patrick Vanasse. I'm a certified planner with The Neighborhood Company. It's a pleasure to be here. Francesca did a good job giving you a good summary of what we are requesting. I'll just back things up a little bit, give a little context. So the subject property, subject to these deviations, are Lots 8 Page 55 Page 414 of 5243 April 22, 2025 and 9 within the Sierra Meadows PUD. What you see here is the boundary of Sierra Meadows. It's plus or minus 90 acres. Within that PUD, you've got a large conservation tract when you start from the west side going east, so that's on the left of the screen. Conservation tract, multifamily tract, and then the com ercial tract towards the intersection . The property is bounded by Collier Boulevard and Rattles ake Hammock. And as mentioned, the deviation would app1 to Lots 8 and 9, which is where Discovery Village currently exists. The PUD was approved in 1999. Sierra ~eadows started working on their SDP --not Sierra Meadows --Discovery Village on their SDP in 2014/2015 . As mentioned, can only assume --I don't know all the answers . I haven't talked to the original developers , but --other PUDs I've worked on, typ·cally, you either start with what's allowed currently in the code --a d the standard in the code is .45 for assisted living facilities --oi: ou ask for a deviation, and the standard deviation that's been. given to most ALFs in Collier County is a .6 FAR. Personally ,,J 've worked probably on half a dozen to a dozen PUDs through the y ars that have requested that increase in FAR for assisted living faoilities. And I think on all those projects that I was involved, it was granted at .6. So , again, ere just to reiterate, Discovery Village in yellow, when they cam€ in with the SDP, they utilized the area of Lot 6 to be under the .45 FAR. Without Lot 6, they would have been at .51. Just a sligh • ncrease. o his is the SDP. Again, Lots 8, 9, and Lot 6 over here. That entire area was utilized to calculate the FAR. Unfortunately, the unintended consequence is that a lot --the Lot 6, which was always intended for commercial, always intended for future development, is now rendered undevelopable because it's encumbered with this FAR calculation. So by granting the deviation, Lots 8 and 9 can stand on Page 56 Page 415 of 5243 April 22, 2025 their own, and they meet --they would meet the zoning FAR maximum, and Lot 6 could move forward with its own SDP. So this is just a slide reiterating what I just said. CHAIRMAN SAUNDERS: Just a moment. Commissioner Hall, you have a question? COMMISSIONER HALL: Yes. Mr. Vanasse, yeah, I have a question. So what we' e talking about is just granting the .6 on what's already built? MR. VANASSE: Yes, correct. COMMISSIONER HALL: And then Lot 6 wou d stand alone at the same .45, or would the whole PUD be .6? MR. VANASSE: The deviation as ·treads right now just increases the FAR max at .45 to .6. So , technica ly, it would apply to the entire PUD , but we -- MS. PASSIDOMO: No. I was going to speak to that. The FAR is only for Lots 8 and 9, so it' a deviation only -- COMMISSIONER HAILb : ~he deviation is, since you've already counted Lot 6 , you need the increase for what you've already built and then to still be able to do the commercial on Lot 6; otherwise, you can't do i at all? MS. P ASSIDOMO: ell, just to address the question, the deviation is qi ot PUD-wide . It is solely with respect to -- CO¥MISSfONER HALL: That's what I was really asking. M . P ASSIDOMO: --the two yellow lots. CO}{_MISSIONER HALL: Okay. Good. Thank you. MR. VANASSE: So --but correct, by having --granting that deviation to Lots 8 and 9 , it then allows Lot 6 to move forward for development. Also our understanding is Discovery Village has been there for close to 10 years. There's been no issues, no concerns with that project. And no , we are not aware of any future plans for that Page 57 Page 416 of 5243 April 22, 2025 community. So this slide simply shows what the FAR with that Lot 6 would have been. It would have been .51, slightly greater than what was allowed in the PUD of .45 , and just reiterating that .6 is almost a standard deviation approved for many ALFs. Interestingly, when we went before the Planning Comp1ission and we had a bit of a discussion about this, I think one of the members suggested that maybe the county would like to look a that .6 FAR because it is commonly approved by --for most ALFs through a deviation process with the PUDs . This is a slide simply showing the PUD master plan. What I'd like to point out is this entire area is ide tified a commercial. There is a total commercial square footage allo ed within the PUD of 260,000 square feet. With the planned 10 ,000 square feet on Lot 6, that would still leave about 7 6 000 sg_ are feet of commercial undeveloped. This is the plat of that area just showing the various parcels, Lots 8 and 9 and Lot 6 over here along 9 51. This is the rest of the PUD, the commercia tract and the multifamily tract. This summarizes the commercial cap within the PUD, 260,000 square feet. Built o date 73-; unbuilt 86-. We're planning plus-or-minu 10 ,000, and that would be the remainder. So to summa ize, this is an activity center where we identify those 1 cations for our most intense commercial uses. Lot 6, what is planned fo i:. that lot is commercial neighborhood type of uses to really address goods and service needs and local community. Also would like to point out that we sent out notices, held our NIM. No one showed up. We had no objections . I haven't received any comments or --and I received one call. We had a neighbor call , ask what was planned for Lot 6. He had heard that there might be a national chain going there for a coffee shop. I said, "Yes, that is the Page 58 Page 417 of 5243 April 22, 2025 plan," and the gentleman was very happy. He's looking forward to it. So that's the only public comment that I've received. So with that said, we believe that the deviation which will then, in tum, allow development of Lot 6 will not be harmful to neighboring properties. I think it advances the intent of the a tivity center. And with that said, we respectfully request your approval and we stand for any questions. CHAIRMAN SAUNDERS: Commissioner LoCastro . COMMISSIONER LoCASTRO: Thank you, hairman. Obviously, this is in my district. Maybe just to speed things along. This is a small correction. I obviously had a deep dive with everybody that's here , to include our county staf( I have no issues at all . I got the same feedback from some citizens that are looking forwar d to something small and manageable being put on that lot, and it sounds like we're just taking sometfiing from 1999, catching it up to current day. I mean, I don't want to p t off Ms. Cook or Mr. Bosi, but they both spoke to me in great detail yesterday, and they would come up here and reiterate what the group would say. So unless there's some questions or something that we're missing, I would make a motion that we approve. CHAI~AN SAUNDERS: Let's hold off on the motion until we hear the staff report and the public comment. COMMISSIONER LoCASTRO: Okay. CH IRMAN SAUNDERS : We're in a quasi-judicial proceeding, so we need to make sure we make the complete record. MR. BOSI: Mike Bosi, zoning director. Yes , this is a deviation request. The current PUD has a .45 floor area ratio allocation for group care facilities. This is requesting to go to .6. So it is a formal request to deviate from our current LDC Page 59 Page 418 of 5243 April 22, 2025 standard. It's a deviation that is --typically has been provided, and actually, we've coordinated with the Collier County Planning Commission, and they've asked staff to propose a modification to the --to the Land Development Code to make .6 the new standard moving forward because this is such a frequently requested deviation. I can also let you know that within the proposed ordil\ance , • t is specifically only for 8 and 9 where the . 60 floor area ratio would be applied. Staff is recommending approval. It has been Jie iewed by all the divisions that review PUD amendments , includi g Transportation. It was heard by the Planning Commission. The e was no opposition. It was unanimously recommended. As I said, staff • s supporting, and we would answer any questions that you ha e regarding the proposal. CHAIRMAN SAUNDERS: I don't see any lights up --oh, Commissioner McDaniel. I wasn't fast enough. COMMISSIONER M c.D A IEL: as multitasking. And just as a point of olarification, I'm in support of the proposed --or the to-be announced motion. But we're not increasing density . We're not inc easing allowable square footage . We're just redistributing what's al eady approved. MR. BOS : Correct. There are no deviations or no additional uses . Therets no additional square footage . There's nothing other than the modification that requested the deviation from .45 to .60. That's the onl reque st that's being made to the PUD. COMMISSIONER McDANIEL: Very good. CH IRMAN SAUNDERS : Mr. Miller, any registered speakers? MR. MILLER: We have none, sir. CHAIRMAN SAUNDERS : Okay. We'll close the public hearing . We're now ready for a motion. COMMISSIONER LoCASTRO: Yeah. I make a motion to Page 60 Page 419 of 5243 April 22, 2025 approve. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN SAUNDERS: Seeing none , all in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. N COMMISSIONER LoCASTRO: Aye. (. '-.J CHAIRMAN SAUNDERS: Aye. ~ COMMISSIONER HALL : Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: 1:,hat passes unanimously. Item #9E ORDINANCE 2025-24: AN ORDINANCE AMENDING ORDINANCE NUMBER 04-29, THE IMMOKALEE SENIOR HOUSING RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), AND ORDINANCE NUMBER 2004-41 , THE COLLIER COUNT b AND DEVELOPMENT CODE, BY AMENDING THE APPROPRI(A TE ZONING ATLAS MAP OR MAPS BY c fIANGI G THE ZONING CLASSIFICATION OF AN ADDJTfONAL 0.55 +/-ACRES OF LAND ZONED RESIDENTIAL MULTI-FAMILY-6 (RMF-6), WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4) FORA PROJECT TO BE KNOWN AS IMMOKALEE SENIOR HOUSING MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD), BY REDUCING THE NUMBER OF Page 61 Page 420 of 5243 April 22, 2025 MUL TIF AMIL Y RESIDENTIAL DWELLING UNITS FROM 119 TO 30 UNITS, AND ALLOWING A 5,000 GROSS SQUARE FOOT 200-SEAT CHURCH, AND UP TO 50 ,000 SQUARE FEET OF CERTAIN COMMUNITY FACILITY AND EDUCATIONAL SERVICES USES ; UPDATING THE MASTER PLAN; AND RESCINDING THE AFFORDABLE HOUSING DENSITY BO"tTTJ S AGREEMENT ON 7.99± ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF 11 TH STREET NORTH, JUST SOUT OF LAKE TRAFFORD ROAD AND HIGHLAND ELEME TARY SCHOOL IN SECTION 33, TOWNSHIP 46 SO UTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA; AND Y PROVIDING AN EFFECTIVE DATE. [PL20240005475] -OTION TO APPROVE WITH CHANGES BY COMMISSIONER M <;:D NIEL ; SECONDED BY COMMISSIONER ijALL -ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 9E. This item does require that all participants be sworn in and ex parte disclosure be provided by the commission members. This is a recommendation to approve an ordinance amending Ordinance No . 04-29, t e Immokalee Senior Housing Residential Planned Unjt Development, and Ordinance No. 2004-41 , the Collier County Code Land Development Code, by amending the appropriate zoning atlas w ap or maps by changing the z oning classification of an add· tional . 56 plus/minus acres of land zoned Residential Multifamily-6 with a wellfield Risk Management Special Treatment Over ay Zone W-4 for a project to be known as Immokalee Senior Housing Mixed-Use Planned Unit Development by reducing the number of multifamily res idential dwelling units from 119 to 30 units and allowing a 5,000-gross-square-foot 200-seat church, and up to 50,000 square feet of certain community facility and educational services --services uses , updating the master plan, and rescinding the Page 62 Page 421 of 5243 April 22, 2025 affordable housing density bonus agreement on 7 .99 plus/minus acres of property located on the east side of 11th Street North just south of Lake Trafford Road and Highland Elementary School in Section 33 , Township 46 South, Range 29 East, Collier County, Florida, and providing an effective date. So ex parte. CHAIRMAN SAUNDERS: Commissioner Kowa . COMMISSIONER KOWAL: I have no ex parte on.,. this item. CHAIRMAN SAUNDERS: Commissioner ~all . COMMISSIONER HALL: No ex parte. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Me tings, emails, and phone calls. out. COMMISSIONER LoCASTRO: I have no ex parte. CHAIRMAN SAUNDERS: And I pave no ex parte as well. COMMISSIONER McDA IEL: ou guys have all been left COMMISSIONER KOWAL: You got the trifecta. COMMISSIONER ~cDANIEL: Again. MS. PATTERSON: If all participants could please stand and be sworn in by the co 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? (Th_e speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: Very good. We'll begin with the applicant. MR. ARNOLD : Good morning. Wayne Arnold here representing the Immokalee Foundation and the Friendship Baptist Church . This is an amendment, as you heard Ms. Patterson say, to an existing PUD, and we're also adding about a half an acre of land to Page 63 Page 422 of 5243 April 22, 2025 the PUD. Friendship Church has owned the property for some time. This is the property that's been built or developed with 30 of the affordable senior housing units. They didn't exercise their ability to purchase the rest of the land many years ago , so the Friendship Baptist Church is going to retain a portion of it to build a church for themselve and also a new educational facility for the Immokalee Foundation And we had a neighborhood information meeting, and e obviously had a Planning Commission meeting. We ad two people who spoke in opposition primarily because we also, as part of the church, asked for a childcare facility, 100-student chi care facility. That seemed to be the issue, because, as you can see, the property's located here , but it's also just south of Highland Elementary, and some of the neighbors felt that there ight be competing traffic between a childcare center and the e isting elementary school. So the change we did m_ake after the Planning Commission hearing --I'll go right to that slide. And I did have a conversation with Mr. McDaniel about this. What we've done is we've taken the childcare use out as an inaependent use, and we've made it as a use that can only be eld during a religious facility [sic]. So I think most churches by right have childcare facilities during their services. In talking to Mike and his staff, we've agreed that we should probably put it in there just to make it clear that you could have childcare duri g religious services. That's kind of, in a nutshell, where we are. Noemi Perez is here from the Foundation, if you have any questions about the Immokalee Foundation and what they're doing. And Mike Facundo , who's on your CRA Advisory Board for Immokalee, is also here and is a local architect that's been working on the project. CHAIRMAN SAUNDERS: Okay. Are there any questions or comments from the Board before we move on to staff report? Page 64 Page 423 of 5243 April 22, 2025 (No response.) CHAIRMAN SAUNDERS: Mr. Bosi. MR. BOSI: Thank you, Chair. Mike Bosi, Zoning director. Again, this was unanimously recommended by the Planning Commission. We did have a couple individuals speak in opposition at the Planning Commission regarding traffic and concerns, and I believe the removal of the 100-seat daycare facility probably addresses the area. I did want to bring up one area that's being reg_ueste from a staff perspective, and let me get to this section. And here it is. It's the first --it's 5.13, planning. And it reads, "The proposed educational use is not a traditional educational faci ity and serves the neighboring schools with after-school lea ing opportunities per LDC 4.05.04.F.4. 'The County Manager or designee may determine the minimum required spaces f o uses t\Ot specifically referenced'; therefore, the educational, social service, a d skill training uses shall provide minimum parking a the following standards: One space per one staff member and one space per seven students." What staff would re uest from the Board of County Commissioners is to el· minate from --at the beginning "per LDC 4.05.04," a c.ithen all the way to here, remove that, because that seems like it gives, like, some sort of a discretion to staff to modify your parking standards. And what that does is it basically says, the educational, social service, and skill training uses shall provide a minimum parking of the following standards: One per staff member and one per seven students. So that's what --that clarification, it's a small clarification, but staff just wanted to provide some --or remove any ambiguity as to suggest that staff was going to deviate from what was adopted within the existing PUD. That's --that would the one request that staff is making for a modification to the existing ordinance, or proposed Page 65 Page 424 of 5243 April 22, 2025 ordinance. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: We --I'll wait till after the public speaks, sir. CHAIRMAN SAUNDERS: Okay. Thank you. ' Any public speakers? ~" MR. MILLER: No, we don't. , ~ CHAIRMAN SAUNDERS: Close the public hearing. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. We11, I'll --with that adaptation, I'll make a motion for approval. CHAIRMAN SAUNDERS: Okay And you'r talking about the clarification at Section 5 .13 .A? COMMISSIONER McDANIEL: Correct. CHAIRMAN SAUNDERS: Eliminating the language that Mr. Bosi had indicated. COMMISSIONER McD IE : That is correct. CHAIRMAN SAUNDERS: Is there a second? COMMISSIONER fl :DL: Second. CHAIRM~ SAUNDERS: All right. Motion and second. Any discussion? (No response.) CHAIRJ\1AN SAUNDERS: All in favor, signify by saying aye. COMMI ISIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CH IRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Page 66 Page 425 of 5243 April 22, 2025 MR. ARNOLD: Thank you very much. Item #l0A RESOLUTION 2025-89: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SUPPORTING THE EOG DOGE TEAM EFFORT AND (1) COMMIT COLLIER COUNTY TO COLLABORATE WITH THE EOG DOGE TEAM; f2)J)IRECT THE COUNTY MANAGER TO TRANSMIT TH RESOLUTION TO THE GOVERNOR, AND (3) APPOINT TH COUNTY MANAGER AS LIAISON TO THE EOG DOGE TEAM AND PROVIDE REGULAR UPDATES TO HE BOARD REGARDING RELEVANT EOG DOGE ACTIVITIES -MO~ION TO APPROVE ADDING LANGUAGE ADJUSTME T (COUNTY MANAGER OR DESIGNEE) BY COMMJSSIONER,.HALL; SECONDED BY COMMISSIONER KOWAL -ADOPT.ED MS. PATTERSON: omm1ssioners, that brings us to Item 10. Item 1 0A is a recom~endation to approve a resolution of the Board of County Commissioners supporting the EOG DOGE team effort and, 1, com it Con· er County to collaborate with EOG DOGE team; 2, direct the County Manager to transmit the resolution to the Governor and, 3, appoint the County Manager as liaison to the EOG DOGE team and provide regular updates to the Board regarding relevant OG DOGE activities. This item is brought to the agenda by Commissioner Hall. CHAIRMAN SAUNDERS: Commissioner Hall, you're recognized. COMMISSIONER HALL: Thank you. I wanted to make a resolution between us and send it to the Governor's office to let him know that we're fully behind his efforts Page 67 Page 426 of 5243 April 22, 2025 to eliminate any kind of wasteful government spending. And we actually have been doing this. We were doing DOGE when DOGE wasn't cool, and we're in our third year now. But it would be a resolution from us saying to the Governor, "We're behind you, and we're going to participate in any way that you want us to," and all of the questions have to go the County Manager, a d she'-11 have to handle the whole load. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And you're absolutely correct. We've been doing it since way before it was cool. My only comment that I had was allowing for County Manager or designee to be the facilitator between the state's DOGE team and ours . And when I read that, it specifically said t e County Manager. And typically we include "or desigl\ee~" Would you be okay with that? COMMISSIONER HALI5 : I 'd be fine with that. CHAIRMAN SAUNDER~: Okay. Do we have any registered speakers? MR. MILLER: We do not, sir. CHAIRM~ SAUNDERS: Then, unless there's further -- Commissioner Locastro. COMMI SIONER LoCASTRO: Thank you, Chairman. I was just going to ask the County Manager, when's our next ResourceX update? Do we have something on the books, or are they --we're bringing them back to -- MS. PATTERSON: They'll be participating in our June budget workshop. COMMISSIONER LoCASTRO: Okay. MS . PATTERSON: We regularly collaborate with them, but the next time they'll be here will be for the June workshops. COMMISSIONER LoCASTRO: Okay. Like we're saying, that Page 68 Page 427 of 5243 April 22, 2025 was sort of our DOGE before DOGE was a word, so it's good that we'll be hearing from them in June. Thank you. CHAIRMAN SAUNDERS: All right. Any further comments? (No response.) CHAIRMAN SAUNDERS: Then we need a motion. Commissioner Hall . COMMISSIONER HALL: I move to approve. COMMISSIONER KOWAL: Second. CHAIRMAN SAUNDERS: All right. We ha~e a motion and second. COMMISSIONER McDANIEL: Does that ·nolu e that adjustment? COMMISSIONER HALL : Yes, that incltJdes that adjustment. CHAIRMAN SAUNDERS: All i n favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoC~ST ~O: Aye. CHAIRMAN SAUNDER~: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOW AL: Aye. CHAIRM~ SAUNDERS : All opposed? (No response.) CHAIRMAN SA DERS : That passes unanimously. MS. f AT'f.E RSON: Very good. Item #1 lA 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 Page 69 Page 428 of 5243 April 22, 2025 MANAGEMENT SERVICES DEPARTMENT) -MOTION TO PROCEED WITH THE PROPOSED PURCHASE AGREEMENT WITH ACCEPTANCE OF THE SELLER'S AMENDMENT #4 BY COMMISSIONER MCDANIEL ; SECONDED BY COMMISSIONER HALL -APPROVED 3/2 (COMMISSIO ER SAUNDERS AND COMMISSIONER KOWAL OPPOSEp) That brings us to Item 11. Item 11 A is a recom endation to authorize the County Manager or designee to execute and transmit a notice of termination to cancel the sale under t er-agreement for the sale and purchase of the Williams Reserve Rroperty . Trinity Scott, your department head of Transportation Management Services, is here to present. CHAIRMAN SAUNDERS: Good moisning. MS. SCOTT: Good mo. ing. Hold on. I'm trying to find my presentation. I don't see it, 'But I can get there quickly . For the record, I'~ going to dock Troy~s ~ay, because usually he has my presentation up. MR. MILLER: It was being updated. MS. SCOTT : So for the record, Trinity Scott, department head for Transpo ation ~nagement Services . And I have multiple folks in the room with\llle today that have been involved in this with our real property as well as County Attorney's Office --oh, she just walked in --as well as Growth Management and Community Develop ent, as well as the County Manager's Office. So j st a reminder, this is the Williams Reserve property. On the right --I want to point out a few areas b ecaus e I'm going to talk about them specifically. This particular area here , we refer to this as the boot, like your shoe; the yellow hashed area is the slough area, is how we refer to that; and then the south area are kind of the farm field area. So you'll Page 70 Page 429 of 5243 April 22, 2025 hear me reference that as we go forward in the presentation. Just a little bit of background, our initial --the seller's initial asking price was $23 million for 2,247 plus-or-minus acres. Back in May of 2024, the Board approved a sale and purchase agreement. This was prior to our pre-environmental investigation, our due diligence period. The purchase price in the sales contract is $20,770,000, an that was --the basis of that was the average of two appraisals . ..'Ihe property, the boot, 168 acres , give or take, approx·mately 5.9, that was the average of the two appraisals, and the the remaining acreage, which included the slough and the remaining fields , the average of the two appraisals was $7 ,100 J?er acr . The due diligence period has been extended multiple times to conduct environmental investigations. esults of those env ironmental investigations inc\ude some soil contamination that exceed allowable thresholds that wijl require remediation, as well as groundwater contaminants that exceed these allowable thresholds as well. At this time , from a county perspective, we are unaware that the full horizontal area o the groundwater contamination has been defined; however, t is will require remediation. The seller is no obligated to involve the Florida Department of Environme t al J!rotection in their remediation process; however, when the --when the property is developed, the Collier County Land Development Code requires the county to complete a predev elopment sa pling and coordination with the Florida Department of Environmental Protection. The seller's approach may or may not satisfy the agency's expectations, and this may result in additional assessment and remediation that would be the financial responsibility of the county. This may result in development delays or underutilization of the public investment. Page 71 Page 430 of 5243 April 22, 2025 At the last meeting, the Board directed us to go back and see how we might be able to be --find ourselves where we're okay without having FDEP involvement in this initial phase, and I remember Commissioner Saunders asking Ms. Ashkar, "How would this typically be done in a private transaction?" And the response was , "Typically there's an adjustment in the sales price ." So following the Board meeting, we spent over four houi:s debating this with our staff, and our team came togeth€r f o over four hours after the Board meeting to really talk about this and talk about pros and cons, and these are the key terms that wei:,e proposed by the county to the seller prior to that Friday dead\ipe that we had given ourselves. And our first item was a purchase price adjustment. To mitigate the county's risks of not having DEP involvement, the seller would choose to either, one, accept a reduced purchase p rice of $18,693 ,000, or agree to esc ow 10 percent of the purchase price, just over $2 million, which would be used by the county should further remediation post closing be necessary, with the balance being returned to the seller u on successful determination from DEP that no further remediation ould be necessary. We also committed to no DEP review would be required in that slough area and that the county must initiate that coordination with DEP within 36 months; otherwise, the funds would be released to the seller. Both of the se proposals were rejected by the s eller. Other key terms of the fourth amendment --by the way, every time I sa)'J "fourth amendment," I don't think of this . I think of the Constitution. So sorry about that. I go a different way. But inspection period waiver, that it would expire upon the execution of the fourth amendment. Both the seller and the county were --county staff were in agreement with that. The environmental waiv er indemnification, that they would not be held liable. Page 72 Page 431 of 5243 April 22, 2025 The remediation, the seller would decide whether or not they choose to remediate. Now, this was a new term. If the seller remediates --not this particular one. But if the seller remediates, they cover the cost of the remediation. If the seller chooses not to remediate , the agreement would automatically terminate. If the remediation is completed, the lab results confirm t e cleanup levels are met, then the county would proceed to c osing. f the seller cannot achieve those cleanup levels, they ma)! stoQ the remediation, and the agreement would also automatically terminate. Liquidated damages is how this term is noted in the sales agreement. When I'm talking about it and when was talking with a few commissioners, I really look at this as kind o earnest money, is how I would look at it. But if the seller remedia es and the county fails to close, the county would have to pay the seller liquidated damages of $500,000. This i part of fouqh amendment. Currently that amount is $70,000. We would be allowed to do limited surface-water testing, but -- and then that was specificallx to the slough area. These would be for informational only, and that as part of this , we would not obligate the seller to remediate hose. And then.jhe ex<isting leases, that the seller could extend those existing agr·cultural leases on the property for one year due to the proposed closing aate extension, but that they couldn't continue those for anything further once we had finalized the amendment. Based on the existing sales agreement in place today, the due diligence period expires tomorrow, so we need to make a decision today. If the county does not terminate or extend the date, the county is expected to close on the property. If the county does not close on the property, based on the existing sales agreement, we would be obligated to pay $70,000 in liquidate damages ifwe do not proceed to closing . Page 73 Page 432 of 5243 April 22, 2025 Based on all this information, our staff recommendation is to authorize the County Manager or designee to execute and transmit a notice of termination to cancel the sale . And with that, I'll ask [sic] any questions or allow for your discussion. CHAIRMAN SAUNDERS: Commissioner Hall . COMMISSIONER HALL: Thank you, Chairman. Ms. Scott, was there --in the option that we gave t e seller to reduce the sales price, was there any discussion, if he r.educes the sales price, not to hold his feet to the fire to any remediation, environmental remediation? MS. SCOTT: No. They would still be reguired to remediate for what has been identified today , but that they w uld not be --they would not be required to remediate a,nything further with our --with our participation with DEP in the future. COMMISSIONER HALI5: Sure. No. I agree with protecting the public's money in that regard, but I was just curious as, you know, if I was the seller and I neededJ o reduce my sales price without any consideration for other terms, it's an automatic no for me because, why? But I was just --thought he's --I think --do you have any idea of what the cost could be for what's been known so far? MS . SCOJ:T: W e do not have those yet because at this time we do not know the e tent of the horizontal for the groundwater, and there have been no costs that have been shared with us to date. COMMISSIONER HALL: Okay. No, that's understandable. I think the seller's pretty much forced us into terminating this agreement with the terms that he's requesting. CHAIRMAN SAUNDERS: All right. I don't see anybody else lit up. Do we have any public comment? MR. MILLER: Yes, sir. William Rollins is your only public comment for this item. Page 74 Page 433 of 5243 April 22, 2025 MR. ROLLINS: Good morning. CHAIRMAN SAUNDERS: Good morning . MR. ROLLINS: Good morning. For the record , my name is William Rollins. I'm the senior broker at LSI Companies. On behalf of the family , they asked that I come here today and share with you a letter, a comment. (As read:) Dear Commissioners, when Collier Cou)lty approached us to acquire the property, we were thrilled at the opportunity to contribute to the community's future. We believe that our lands offer tremendous potential in workforce housing, parks, recreation, conservation, and watershed improvem_ents from Immokalee to Lake Trafford. Our fami1y has wo ked diligently to bring this transaction to a conclusion . At the--county's request we have agreed to conduct additional testing related to the known env ironmental issues, the conditio~causing --and condition -- closing to remediate these areas o ~state, residential, and groundwater target cleanup levels without relying on institutional controls or recorded restrictions. Additionally, w era-greed to extend the closing date until remediation is complete . At the most recent Board of County Commissioners meeting, James Williams clear y stated our position against involving the Florida Depart~ent of Env ironmental Protection, as this is neither req_uired nor c stomary of the sale of the v acant property. We expressed our willingness to extend and inspect the inspection period to address minor cleanup items in the fourth amendment provided there are no DEP involvement. The agreement presented to us following the last meeting included significant changes including DEP involvement which diverged from our prior discussions. We believe the fourth amendment we pr oposed aligns with the Page 75 Page 434 of 5243 April 22, 2025 discussion at our BOCC meeting. It includes extending the closing date, removing unworkable short-term timing triggers, and maintaining the condition of the environmental issues be remediated prior to the county's obligation to close on the property . The Williams family respectively submits that our proposal, the fourth amendment, is fair and reasonable . We hope the Commissioners recognize the value the property brings to the -- brings to Collier County and agree that our proposed terms a e appropriate for the state. Thank you for your time and consideration. incerely, the Williams family. I've been doing this for a long time, an I don't know of any land transaction that hasn't had any kind of an environmental issue on it. These issues are resolved by --through remediation. A lot of times you do nothing. Sometimes you,JJUt a parking lot on top of it. It really is dictated by, one, your engineer that's doing the work, and then, of course, what DEP wants yo to do. The next thing is the opportunity. This is a piece of property that I'm not sure exist anywhere around Immokalee or in East Collier County that cou fl be acquired by the --by the county and that could be tu.med into ome really magnificent things. Today your decision is go· ng to reflect what this property's going to be in 20, 30 and even 50 years from now. Our generation won't be here, but there will be other generations to enjoy this: Parks, recs , education, and also housing that people can afford. Yes, I mentioned there are risks , but risk comes with every prope y. Real quick, just one -- CHAIRMAN SAUNDERS: Don't worry about the timing , just whatever time you need. MR. ROLLINS: Okay. Thank you. One thing I thought about was, is there a property that does not Page 76 Page 435 of 5243 April 22, 2025 have risk? And I thought about the Garden of Eden, but the Garden of Eden also has risk. There's a serpent. So, I mean, you guys, you five gentlemen are going to make a big decision today that's going to impact Collier County for a long time and, quite frankly, I think not everybody in the Collier County is going --let me back up. Not only the residents around Immokalee are going to benefit this. The entire county will benefitj rom ·t, and other counties . You're going to have people from other counties come and enjoy this educational and recreational parks and things. Look at the City Gate, people from all over come and enjoy that park. So, gentlemen, it's up to you guys , but hink tliis is a --this is a big, big decision . Thank you. CHAIRMAN SAUNDERS: Thank you. Commissioner McDaniel. COMMISSIONER McDA IEL: es. MR. ROLLINS: Oh. AndJ'm open for any questions. CHAIRMAN SAUNDERS : Yes. Hang on just a minute, because there may be a ew. COMMISS O BR McDANIEL: I don't have any questions of him. I'm ok,.ay ight now, illy. MR. ROL INS: Thank you. CO¥MISSfONER McDANIEL: Trinity, do you mind coming back up and putting up the aerial of the entire site. There you go. It's been entioned --and I guess my --I have a couple of technical questions. We can --oh, there we go. We can certainly --we can certainly cancel the agreement today. My question for you is , how much --how much study in the Phase 2 environmental inspection was accomplished? Do we have a map that shows where the drill holes were and the amount of contaminants that were included? Page 77 Page 436 of 5243 April 22, 2025 MS. SCOTT : I don't have a map in my presentation, but I do have Brian DeLony who's sitting behind me who can answer your question. COMMISSIONER McDANIEL: Okay. I saw you looking at him. MR. DeLONY: Brian DeLony, Facilities director, fo t e record. Yeah, we do have the map of the Phase 2 and what was tested. I mean, the main focus on the testing was focused on c rrent farm operations where tanks were located, where they actually move vehicles and store stuff. That's where the main focus of the testing was. COMMISSIONER McDANIEL: Okay. MR. DeLONY: But it's mostly of the \S outh --southern side of the property. COMMISSIONER M c.D A IEL: ostly on the farmlands . I think we all pretty much agree that the slough area --and from what I did see , there was one hole up in the --one drill hole up in the boot area that found no co tami ants. There was no issues with that. MR. DeLONY: Correc . In the area where we were looking at the affordable ousing, there was no contaminants . We did find some contaminants over there on the northern side , in this area right here . COMMIS'8IONER McDANIEL: Uh-huh. And --okay, that was my question for you. MR. DeLONY: Yes, sir. COMMISSIONER McDANIEL: And the seller --if I'm not mistaken, the seller --if we were to consummate the transaction or extend the due diligence period for a final agreement --I don't know what the process is right now. Are we forced into either doing this deal as it is , or do we hav e to physically cancel the agreement? Page 78 Page 437 of 5243 April 22, 2025 MS. SCOTT : I would defer to the County Attorney, but the seller --the county's proposed fourth amendment, which as I noted the seller will not --would not agree to the reduction in the purchase price , was included as backup in the documentation, as well as the seller's redline version of the county's fourth amendment is also included in the backup of the documentation. I would defer to the County Attorney if the Board is able to accept the terms of the seller's fourth amendment or if they need to proceed --if they could proceed forward with the existing, or if their only option is to terminate. MR. KLATZKOW: The Board can approve if it's the will of the Board, terminate if it's the will of the Board, oi:_ s e additional changes. COMMISSIONER McDANIEL: Okay. So guess my question --or my suggestion for ipy colleagues here on the Board is to give due consideration to he op ortunities that we, in fact, have here . You know, Billy Rollins said it best. There is --there's no such thing as a free lunch. There's risk involved with everything. And I think we really need to give ue consideration to the greater good that can transpire if we go forward with this transaction. There is a housing component which provides for housing affordability. We have --and the County Manager can affirm this. We have long sought the acquisition of that slough area. If you'll notice to the west of that --of that yellow hash mark there on the map , that's the -- that's the headwaters of Lake Trafford. That's a huge basin of heavily environmentally --heavily environmental sensitive land. And out of Lake Trafford then flows --out of it over into west of that into the Corkscrew Sanctuary area and the CREW'S lands. We have an enormous opportunity with this acquisition to acquire this piece of property, facilitate health, safety, and welfare Page 79 Page 438 of 5243 April 22, 2025 issues with the extension of Little League Road south all the way down to Immokalee Road for another ingress and egress for the residents of Immokalee. The acquisition of this slough property and these farm fields, we have ultimate plans for parks and rec and fields and all kind of wonderful things that are very much necessary for all of Eastei:.n Collier County. We have the potential of really doing som,etbing wonderful. I mean, talk about --talk about doing something wonderful for the environment with regard to the water quality that's coming through that slough. We all know what's to the east of that slough. There are other developed lands. There's a landfill --there are two landfills that are over there that are basicall¥ unprotected , unlined landfills. We have an opportunity or rete tion detention, and water cleanliness for water that's transferring over to Lake Trafford. We have a huge , huge value for ood protection for our residents, especially in the southern end of fmmokalee , to be able to take on excess flooding water thahis coming into those communities. You can see right there on the map the densities that are over there . I --I've looked --I've looked at the original contract for purchase . I saw the deficiencies in our contract that we had. Coillflissioner Saunders, you asked a while ago about deviating from no al business practices. Our original contract had the county be ·ng responsible for the ultimate determination of the --of the plume of the existent contaminants that are on this piece of property. And to my knowledge , none of these contaminants exceed the levels of requisite to notify the Department of Environmental Protections. We then came back, entered into --and performed the Phase 2 . The seller necessarily has agreed to do the remediation on those specific areas where it was --it was --where drilling occurred and Page 80 Page 439 of 5243 April 22, 2025 where contaminants were, in fact, found. If they don't do it, we don't buy the property. But now we're coming back and asking the seller to put up even more money, and we haven't even given a --done a site plan as to what we're going to do from a development perspective with the southern portion of this piece of property. And it is outside of normal business practice to hold a seller responsible for something that' necessarily out of their control. If they --if we can't tel them what we're going to do, I don't find it --I don't find it a good business practice for us to --to be asking for exposure f o the ell er on that piece of property after the closing. The suggestions of potential contaminant'5 comiQg from the ongoing farming operations --there was a discussion about the extinguishment of the farming lease on this piece of property and the agricultural uses that are there. We really can't do that without actually going forward and closing on the property. If not, then exposing ourself to the loss of re nue that the property owner, in facts --in fact, has. So my suggestion is Buy the piece of property, assume the risk associated with it --with any potential remediation that is necessary after the fact --after --after the remediation has been completed and we get the clea bill of health from the seller, which they say they are willing to do, utilizing an engineer that we, in fact, use. I think it's Stantec, if I'm not mistaken. Yeah. It's Stantec. Stantec --we use them all the time. They're a licensed professional engineer. They're going to give us a clean bill of health that says this property is developable to a residential state. Now, in business practice, as was mentioned, if you're going to put a building in one particular location, you have to do testing there to ensure that there are no negative impacts that come from that, but on the other side of the equation, you adapt your Site Development Page 81 Page 440 of 5243 April 22, 2025 Plan based upon those necessary remediation efforts that could technically transpire. So my inclination with this transaction is the risk is there . There's no argument that there is potential risk with this piece of property in the future , but that determination of that risk is very difficult to ascertain given the fact that we don't have --we do ~t have a site plan. We don't have any description of what we're, in fact , going to do with this piece of property. The benefits that transpire with this transaction far outweigh what I believe to be those risks, in fact, are . I've a~eady stated that one of my first --one of our first actions should be to replace the farm fields which are now currently inc1uded • n Rural Land Stewardship Overlay for credit development a d replace those lands with the slough area, and then allow for Co servation Collier to be able to do the cleanup of the slougl\and the water cleanliness circumstances that are involved w • th the slough and generate restoration credits which can then be a benefit to the overall Conservation Collier ef ort as well. Did that all come o kay? COMMISS O B. HA L : Perfect. MS. PA1='(ERSON: es , sir. CHAIRMAN s XuNDERS : Okay. Everybody's lit up here . Let's go --Commissioner Hall. COMMIS'8IONER HALL : Thank you, Chairman. I'm deal maker, and I did not want to see this deal go south, and t at's why I asked the question about if we reduced the sales price , were other terms. When I just saw that the boot was where we are actually going to think about development and that there were no issues environmentally with that, that changed everything for me because the DEP involvement --the only involv ement --or the only hindrance Page 82 Page 441 of 5243 April 22, 2025 is they take so long to stop any kind of development. Well, that's excluded. And so then --and the seller saying that, well, we may remediate or we may not, that bothered me at first. But I don't think they're going to let --you know, since the things that are found are actually less than what would be required for the D EP, I don't think he seller's going to say, "No, we're not going to remediate." I think they're going to do what they need to do to consummate the deal. I'm all about the risk without being risky. And I ~o that that's a play on words, but there --you can do that. We can take the risk with the southern ag fields. But what we really want and the real value to us is up there in the boot, and we can deal with whatever we have to down in the southern fields . But the benefits to the whole property and the deal overall, I thin¾, (ar outweighs what this -- what's being concerned. And I know that we're concerned. I was concerned. The scab of the Golden Gate property is still a little bit soft. And we wanted to learn from our mistakes , and we just wanted to make sure that we weren't entering --doing e same thing here, and I don't think that we are. So I'm willing o --I'm willing to do this. CHAI~A S DERS: Commissioner Kowal. COMMI SIONER KOWAL: Thank you , Chairman. That word "risk" has been thrown around a lot in business, as an investor, a visionary. COMMISSIONER HALL: What else? COMMISSIONER KOWAL: The problem is individuals make those decisions to take risk when they can see a vision what they can do with something or can't do with something. And if it doesn't transpire and it doesn't prosper to whatever their vision might be and the risk goes the other way, they're the only one that pays for it. The five of us today are going to be asked to make a decision Page 83 Page 442 of 5243 April 22, 2025 where we have --we know there's risk, but the five of us --when the risk comes up to the point where it's riskier than we thought, the five of us personally are not going to be punished by it. We 're not going to be diminished by it. In the private sector you are. That's the risk you take. The problem is , the only people that are going to suffer is the tax payer, because we're going to make the decision. Noth · g's going to happen to us risk-wise, but the taxpayer will bear tp.at risR. When I look at this property, I see two pieces that I think have any value to it, and being a person that knows there's a risk already going into it, I would feel more comfortable i we renegotiate this and try to purchase the slough and the boot, and the rest of the property, we already know there's a risk. And in good conscience, I don't want to go into a project knowing there's a risk. Because it's not my risk. It's the taxpayers' risk of Colt er C?ounty. And that --that's just kind of my position on it, so ... CHAIRMAN SAUNDERS : Commissioner Locastro . COMMISSIONER I:oC}\STRO: I think we have the opportunity to obtain a very large and valuable piece of property. I believe we've ta~n greater risks on things here. And, you know, we always have to weigh that. In my notes here , and that's already been repeated, I said 'In my opinion, the gain outweighs the risk." They've already accomplished environmental testing in the most risky area, and it hasn't ex ceeded any kind of, you know, standard or whatnot. .And think further --as you go further north, there's going to be eve less environmental issues, as has been stated. If we're blindsided a little bit by something, I don't think it's going to be, you know , overwhelming. And the gain to obtain this large of a footprint that surrounds so many other things , as Commissioner McDaniel was saying, I just --I think the opportunity to gain this parcel would be a big win for the county and also the way Page 84 Page 443 of 5243 April 22, 2025 we're paying for it --you know, the briefing I got yesterday, you probably all did as well, I just wanted to reiterate where the funds were coming from . And a lot of smart things are being done to pool funds together to obtain this large parcel. And I think it's a smart move. I'm going to support the purchase. CHAIRMAN SAUNDERS : Yeah. I have a couple questio s for our staff. In terms of the boot area, from what I understanfl, there is no environmental issues there . That property will b ~eady for development? MR. DeLONY : Yeah. We did one sample up at theo oot and did not find anything in the boot area. CHAIRMAN SAUNDERS : So wiJlthere need to be any other sampling, or does that take care of it? MR. DeLONY : It would be based on FDEP'S input when we go to develop it. CHAIRMAN SAUNDERS: All tigh . So is there any way to determine in advance of closing as to whether there are environmental problems ther~? One sampling site doesn't sound sufficient, but I don't know. That's the question. MR. DeLONY : I mean, you know, all the sampling here is just, you know , aybe 50 sampling sites across 2 ,000 acres. It's all kind of just pinpoint testing. CHAI~AN SAUNDERS: All right. So we have one sample there tha was clean. You can't indicate whether or not there were any other iss es there with that site. But as far as you know, that site'~eady to go? MR. DeLONY : Yes, sir. CHAIRMAN SAUNDERS : All right. Then in the slough, we're not going to do anything with the slough in terms of development. So if there's pollution there , it stays there? We don't hav e an obligation to clean the slough -- Page 85 Page 444 of 5243 April 22, 2025 MS. SCOTT : Actually, we would through Conservation Collier. We would go in and, essentially, we want to restore our water quality through there. As Commissioner McDaniel noted, with regard to this, these are waters that go to Lake Trafford, so we would certainly look to attempt to clean this area up as best as possible. And I see the County Manager. I know this has been --this has been the area that she has been most passionate about has been the slough. MS. PATTERSON: So we've, as Trinity said, been orking to acquire the slough various ways for probably a decade now. So we know there's some issues in the slough leading to issues in Lake Trafford, but that's --really, the slough akes water from large segments of Immokalee Road, so the goal is to get in and clean the slough, not as --I guess what I'm trying to say is not --it not being a part of this as the responsibiJj tx of the Land Development Code. This was something that we al ays were willing to embark on, and if it makes it better, we'11a e already --I already lined up partners that are keenly interested in assisting us with that cleanup, including the Water Management District. CHAIRMAN SAUNDERS: So in terms of the slough, regardless of the environmental issues there , we want to acquire the slough. That's important for Lake Trafford and that whole area. MS. PATTERSO : And Immokalee, yes , sir. CHAIRJ\1AN SAUNDERS: And then on to the farm fields. So what do we know about the farm fields at this point? MR. DeLONY: That --you know, there's been testing around the a eas where the farm operations are, where they fill up the vehicles, and there's been contamination found in both the soil and the groundwater. CHAIRMAN SAUNDERS: Can you describe that a little bit more than just contaminants found? What kind of contaminants are you talking about? Page 86 Page 445 of 5243 April 22, 2025 MR. DeLONY: Yes, sir. There's both hydrocarbons in the groundwater, there's both arsenic. We found lead in the upper portion in the groundwater. The main concentration is around the farm operations area where there's arsenic above the natural attenuation level for DEP, so there'd have to be active engineer controls to mitigate that. CHAIRMAN SAUNDERS: All right. So in terms of the --and we don't know the extent in the farm fields, but there' been testing around where there's been parking of vehicles, fueling of ehicles? MR. DeLONY : Yes, sir. CHAIRMAN SAUNDERS: But the whole --the whole area's not been evaluated? MR. DeLONY : The focus was on the current operations of the farm fields and where there was mos likely to find contaminants . CHAIRMAN SAUNDERS: All i:i ght. Would you just, in your experience, expect problems outside of those particular areas? MR. DeLONY : I mean, j st o er the years , right, this has been farmland for many years. I expect operations out there has changed from time to time where they'Fe doing fueling , where they're not doing fueling. We're talking all , you know , above-ground tanks of 500 gallons. So they can pick them up and move them anywhere at any time. So ould expect, you know, there to be other locations within that area that that's occurred. C A ~AN SAUNDERS: Will we have an opportunity to have some evaluation prior to being obligated to close? MR. DeLONY: My understanding is no . CHAIRMAN SAUNDERS: Okay. Then in terms of ifwe want to do anything with those fields , if we want to tum them into football fields , you know, a passive park or recreational facility , an active park, we would have to remediate, and we just don't know what that remediation would be? Page 87 Page 446 of 5243 April 22, 2025 MR. DeLONY: Correct. I mean, we'd have to find it first, right? We don't --we don't know where it's at. Then we would have to remediate . CHAIRMAN SAUNDERS: All right. And ifwe decided not to do anything with those fields, continue it to be farming into the distant future , would we have to remediate anything at that oint? MR. DeLONY: If we know about it, if we find it, then e would have to remediate. CHAIRMAN SAUNDERS: Okay. And we haveJ1 0 way of knowing what that remediation cost would be? MR. DeLONY : No, sir. CHAIRMAN SAUNDERS: Once ~e buy the property, it's our problem? MR. DeLONY: Yes, sir. CHAIRMAN SAUNDERS: Okay. And we don't know the -- we don't know the scope of thatJ)roblem. A nd is that partially because there hasn't been enpugh testing in enough locations to pinpoint it to test, or wh~ don't we know? MR. DeLONY : I mean, it's hard over a large parcel like this. I mean, you could go and spend, you know, $2 million in testing and still not know. So you've kind of got to throttle how much testing you do versus liow much you don't --you don't do. CHAI~AN SAUNDERS: All right. Well, once we buy this property, are we going to spend $2 million doing the testing you just de cribed, since it's now our property and we need to --we'll have to clean it? 'm just trying to get a -- MR. DeLONY : Yeah. It would be --it would be really based on DEP's recommendation when we go to do our development --to target the amount of testing that would be needed. CHAIRMAN SAUNDERS: I see the value of this property from an environmental standpoint and from the community, but I'm a Page 88 Page 447 of 5243 April 22, 2025 little concerned about how much risk we really are assuming. If you're even suggesting that it could cost millions of dollars just to test, that doesn't even get into the cleanup. And then I think what you're suggesting is that if we do acquire the property, we are going to test, and we are going to clean it up. MR. DeLONY: I wouldn't expect we would do $2 m'llion i testing, sir. I'm just saying that due to the size of the land, ¾ight you could --you could do all the testing out here and maybe not fin everything. It's a large --it's a large parcel, and you can --you have to kind of target the areas you're testing where you e pect contamination. Typically how that's done is bJ looking at historical photos, trying to figure out where opera ions occ r, interviewing the existing operations out there, asking them what has changed since they've known the land, and then look'ng fa , like, low-lying areas where water would have stored in concenti:ated contaminants. CHAIRMAN SAUNDERS: Well, we've been dealing with this piece of property for I don't know ow many --a year, year and a half, whatever the time _Reriod has been. That testing has not been -- those specific points tb:at you're talking about from the aerials and the history of it, has there been testing in those specific sites as far as you know? MR. DeL©~: Again, I'd say the testing was focused in the existing operations , where there's current operations. Now, we did do some adoitionaL testing in lower-level areas, and you know, most of what we found was, you know, one, the lead up in the northern portion that I've previously indicated, and then we found a location of arsenic in the soil. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And one of the things -- and this is just for your thought process, Commissioner Saunders. When we bought the Golden Gate Golf Course, and as Commissioner Page 89 Page 448 of 5243 April 22, 2025 Hall mentioned, that, you know, the wounds from the Golden Gate Golf Course are, relatively speaking, fairly fresh, we had --we had a Site Development Plan. We knew where the residential was going to go, we had a decent idea that we were going to do a center for The First Tee, we knew where, predominantly, that we were ultim tely going to do a veterans nursing home on that piece of property, e knew that a portion of it was going to be redeveloped into a golf course, and we also knew that there was going to be, ipe itably, remediation requisites once we actually determined what we were going to do and where we were going to , in fact, do it. This piece of property --in comparison, that was 69 acres . This is in excess of 2,000 acres. And so --and without a Site Development Plan, only conceptual thoughts as to what we can do with it with the --with the location of the road, with the location of the fields, with the location o partic ar buildings, as the case may be, it would be impossible to do enough te ting today to ascertain that we could do whatever we want w erever we want because we don't know what we want to do just yet. In the event --and I'll\going to off er this up to you. I mean, if you'll recall, I --Izy drocarbons that are found on a farming operation oftentimes come from fuel splashes and things , and those are de minimis remediation efforts unless someone were to have a tank rupture or something along those lines. We ha e been assured that the lessees that are on this piece of property operating these farming operations do have accountability -- I'm sorry --do have accountability with regard to potential contaminants that could, in fact , transpire from those operations. So , again, I go back to the ability to ascertain the exposure, if any, is actually dictated by the county at all with regard to what we do with the piece of property. Ifwe --ifwe find --ifwe find --as was stated, if we find a contaminant in a particular area, we will be Page 90 Page 449 of 5243 April 22, 2025 required to clean that up. It's that simple. Right now there are 50-some holes. And I call them holes. Those are drill holes that they do the sampling from. And if you've ever done any kind of drilling or testing, all you actually know is what comes out of that 4-inch hole. That's all you know. And until the perimeter holes are actually done and the plumes are ascei;tained. That's what comes after the --within the Phase 2 process, and then the , in fact, remediation is completed. So for and until we know what we're going to pu where --and we do have the capacity to manipulate the construction and what we plan on utilizing this piece of property for. Did we lose the picture? So that's just --that's just me trying to share with you the 169-acre piece of property where we --w ere we got exposed heavily for a lot of --relatively speaking, a ot of remediation, it would be very difficult to determine wl\at the astual exposure is here for thi s piece of property, especially when e haye a chance to maneuver the Site Development Plan to be able --to be to our benefit and mitigate that exposure as much as is :ghysieally possible. CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISS ~ONBR KO AL: Thank you , Chairman. I just --two things. I'd like to just revisit the boot a second, because there was a comment made that we did one core sample, and I think Cof1!11 issioner Saunders says will that be --will we be able to proceed? And we know what we kind of want to put up there is bas ically affordable/workforce housing, that type of project in that area, but that's not factual because we still have --once we do a site plan and we have to develop it , then we're held to DEP to test it again, correct? MR. DeLONY : Again, I can't --I can't speak to what DEP's going to want or not want. They could ask for additional testing. They might not. There's no --I mean, from our environmental Page 91 Page 450 of 5243 April 22, 2025 consultant that went out there , I mean, the only reason they did testing up there is because we knew we were looking at putting housing up there and asking them to do testing. There was no indicator that there would be contamination in that area. COMMISSIONER KOWAL: Because the seller was adamant that he doesn't want to be involved when DEP does participate in anything we do in the future. You know, that's kind of like --tome, like, it gives me a red flag to think that --does he know something I don't know, or you know --because it was even in the amepdment four of having money taken into escrow. And if there's no issue, you know, he basica y go the balance back if we didn't have to remediate anything else other than what the known risk is. And it was a cold hard no to eve articipate in that. So these are just red flags to me, ~ou know, that I --you know, because now I've got to enter • nto risk, unknown risk, which we know is the farmlands. And I'll just go --touch on the farmlands. We keep referring to the Golden Gate Golf Course project, and we did find some contaminants, probably more han anybody thought we'd find there. And that was a fam1land decades ago. This is still an active farmland. That was decaaes and decades ago. That was a golf course when we purchased it. It was a golf course for decades for before that. So we can only imagine what else, on an active farm, the amount o con aminants can be let alone one that was buried undei:ground for 30 years, and we still found contaminants. So think you've got to take all these things kind of into consideration that, you know, we're --you know, what is the true risk? We already know factually today. And that's what I'm trying to say. I'm trying to wrap my head around me being part of that risk. And when it's not my money to risk, it's a hard pill for me to swallow. Page 92 Page 451 of 5243 April 22, 2025 I think the slough's important, and I think the boot would be important, but it doesn't sound like the seller just would want to sell us just those two parts. I mean, I just --it's just --I can't get myself to that point. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: You know --well, you know what, I'll hold my comments till I hear from the rest of you. I thought we were pretty much done discussing it, so ... CHAIRMAN SAUNDERS: Commissioner ~all. COMMISSIONER HALL: Thank you, C ai~an. You know, I looked at the seller in the eye and 1 said, b ecause you're not willing to let the DEP in, that's --you know, it seems to me like you would be hiding something . And he said, "I would think the same thing if I were you." He said, "But the reason we didn't wapt theJ)EP involved was the time issue of closing." So there's a big diff~ence between having the DEP as an agency involved and then D~P standards for remediation. And they have --they have promised us that they would remediate what's known. If they --if they choose to do that, to the standards of the state. And so that to me is --we can take a risk, but it's not risky. And that's -- COMMI SIONER KOWAL: Can I have a direct comment to that, sincw t was kind of a piggyback on back on my comment? C A ~AN SAUNDERS : Sure . COMMISSIONER KOWAL: Now knowing what was proposed to the seller with the money in escrow, wouldn't it change the closing date? The money would be there. And if there wasn't an issue, like he said, by looking you in the eye, would that change your opinion now knowing he still turned that down? COMMISSIONER HALL: Yes, because of the timing that it would take. That money could be held up for two or three years or Page 93 Page 452 of 5243 April 22, 2025 longer before we decide what DEP's going to ask us. CHAIRMAN SAUNDERS: Commissioner Locastro. COMMISSIONER LoCASTRO: I was just going to make a comment. I think we're trying to learn some lessons from the golf course, but it isn't quite apples to apples. You know, Commissioner McDaniel frequently refers to his other life and his experience. COMMISSIONER McDANIEL: Yes. COMMISSIONER LoCASTRO: I do have a bit of experience building on top of golf courses in my previous life , and it's usually the golf course fertilization which has --contaminants the property. So, you know , I didn't do the testing on Golden Gate, but I would venture to say that the 30 years of farming y rior to it being a golf course was probably less of an issue as t e fiesh golf course and the years and years of fertilization and othe things that were done. That's what I primarily --in my e perience, when we built on top of some golf courses in the mil'tary t4 at w eren't farmland prior, they -- they exploded with DEP testing, and it was because of the fertilization and other things that we had done , you know, on the golf course. So this one's a litt e bit different. And I'll echo what Commissioner ¥cDaniel says. We have a lot of flexibility and latitude, and me, just as a --to environmentally protect this big parcel of land and then maybe do something with pieces of it, I still say that the gain outweighs the risk. CijA.lRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Now I'm ready. I'd --I think, as Commissioner LoCastro just said, I think it's important that we --I'm going to paraphrase what he said, and it's not "we throw out the baby with the bathwater." I think the greater good being served here from an environmental perspective is --how come every time I'm talking a whole bunch of technological things go Page 94 Page 453 of 5243 April 22, 2025 south? CHAIRMAN SAUNDERS: Somebody may be trying to tell you something. COMMISSIONER McDANIEL: Exactly. I've got a lot of things being told to me. The bottom line , I'm going to --I'm going to make a ~otio that we go forward with this transaction as it was --what? MS. SCOTT : Go ahead. COMMISSIONER McDANIEL: Okay. You were going like this (indicating). I'm going to make a motion that we go forward with this transaction as it was proposed for the original purchase price that we agreed upon , that the remediation be completed by the seller, that it be --receive the clean bill of health, t at we put up the 500 ,000 earnest money that secures these le 's os·tion to go ahead and take on the risk of the --of the remediation expense. Because they are bearing that expense themselves. nd the way our current contract reads --I've said this regu arly, b tour current contract reads "if my shoes come untied the thir Thursday of the month, we have the right to walk away from this transaction," and they're exposed for that expense. So 'm going to make a motion that we go forward with the transaction. MR. KC~TZ~OW: Commissioner, just for clarity, are we going forward with the seller's fourth amendment, or are we going to simpl s i<Sk to the third amendment? MS. SCOTT : Sir, what you've described is the seller's fourth amend ent. COMMISSIONER McDANIEL: Yeah. So specially, then, the seller's fourth amendment is adequate for my satisfaction. MR. MILLER: Mr. Chair, I did have one other person submit a public comment slip. I didn't know if you wanted to hear that or not. Page 95 Page 454 of 5243 April 22, 2025 CHAIRMAN SAUNDERS: Oh, absolutely. Let's -- COMMISSIONER McDANIEL: Public hearing's been closed. CHAIRMAN SAUNDERS: Let's hear the public comment. COMMISSIONER McDANIEL: No, I'm joking. It's Cliff. MR. MILLER: Cliff Donenf eld. MR. DONENFELD : Hello, everyone. Cliff Donenfeld, speaking as a private citizen who has heard a lot about t is prqperty for --is it two years now? A year and a half? COMMISSIONER McDANIEL: A year. MR. DONENFELD : Okay. And what I ~ven't heard at any of these discussions is --and I'm sure all of you guys are aware of the big lawsuit with the Collier family and the sate for spending 30 million on 11 ,000 acres that --even thoug it --the long-term exposure to creosote would cause birth defects, blah, blah, blah, it -- it's still in the courts right now. The Collier family sold it to the state. It was then realized that it~as coutaminated lands. And per the many articles, it did have the standard environmental reviews and what have you. It was a huge error. So I hear a lot talk about the error in the golf cours , and maybe because this was a state purchase, but it's in Collier County . It 1s Collier family that sold it. And I haven't heard anybody, pro or con, referring to this case, which this land was pure ased about one year ago , and it's going on. And I do think that more due diligence and exploration of the mitigation factors --because I appreciate Commissioner Kowal's responses about the riskiness and risking other people's money, but it --you also may be risking other people's health issues in a big, big way, and this is a big, big purchase. And I think you should really, you know, be careful about the risk before you move ahead. And nothing against conservation. Nothing against all the great proposed uses . But it's one thing for the state to defend itself in a $30 million lawsuit. It's another thing for the county to. So that's all. Page 96 Page 455 of 5243 April 22, 2025 CHAIRMAN SAUNDERS: We have no further speakers . Let me ask a question, because this gets to be a little bit confusing. We have an existing contract right now that expires tomorrow; is that the -- COMMISSIONER McDANIEL: Tonight at midnight. MR. KLATZKOW: Yes, sir. CHAIRMAN SAUNDERS: And so -- MR. KLATZKOW: And then you have pr oposed amendments. CHAIRMAN SAUNDERS: The motion is to approve Amendment No. 4 -- MR. KLATZKOW: The seller's version. CHAIRMAN SAUNDERS : --as presented by the seller? MR. KLATZKOW: Yes, sir. CHAIRMAN SAUNDERS: Can you go through what the existing agreement does and what th@se things do so that everybody on the Board understands whatw e' e vo ing on, because I'm not sure I fully understand? MR. KLATZKOW: Yeah. I'll let Sally take the lead on this. MS. ASHKAR: Goocl afternoon , Commissioners. Sally Ashkar, Assistant Cou ty At omey. I'll walk you through some of these changes that are up on the screen right now. Primarily, the biggest change is that the seller is going to bes esponsible for the remediation in this case. The county doe sn't h,ave a sa over that remediation. The county doesn't have the ability to get DEP approval, but the seller will be completing that remediation. The remediation will be done to residential state standards. That is the standard that's outlined in the agreement. CHAIRMAN SAUNDERS : Which portion of the property would be subject to that remediation? MS. ASHKAR: Trinity, do we have the map that was shown? So the map that you see up on the screen right now, I believe it Page 97 Page 456 of 5243 April 22, 2025 is everything except the hashed area will be subject to that remediation protocol that will be set by the seller. CHAIRMAN SAUNDERS : So that would include all of the farm fields? MS. ASHKAR: Yes. COMMISSIONER McDANIEL: But could -- MS. SCOTT: For the areas that were identified in the Phase 1 and Phase 2 environmental. So those areas where we --where we and the seller conducted those investigations. So fy r those specific areas only, they would go in and remediate those areas . COMMISSIONER McDANIEL: Can I --can say something? CHAIRMAN SAUNDERS : Sure . COMMISSIONER McDANIEL: Have you ever done remediation before? CHAIRMAN SAUNDERS: I hay eQt personally. COMMISSIONER M c.D A IEL: Okay. You drill a 4-inch hole here, and then you drill out from there to determine where the plume, in fact, goes, and then the --and once you reach the point where the contaminants no longer ex· t, then you have to remediate from here back to here. And so there were 50 holes drilled on this piece of property, and where ther :were contaminants found , they will spread out from there to develop1:h@ ring of the plume and then remediate back to clean that --clean that area up. So it will consume --not all of the farm fields, but it will cons m ~ J arger areas than the --than the actual 4-inch hole. CO MMISSIONER LoCASTRO: And they'll pay for it. MS . ASHKAR: So what Trinity is putting up on the screen right now is those testing areas where the testing has been completed, and that will be the location of that remediation and that remediation pr otocol. Page 98 Page 457 of 5243 April 22, 2025 CHAIRMAN SAUNDERS: Okay. COMMISSIONER KOWAL: Can I ask a question? CHAIRMAN SAUNDERS: Yes , sir. COMMISSIONER KOWAL : Thank you, Chairman. So from what I understand is --so how many actual holes were drilled in the farm portion? Because I know you drilled some in a portion of the slough, portion of the boot. MR. DeLONY : I mean, I don't have a specific number, but it was around about 50. COMMISSIONER KOWAL: So 50 is then mber for the farm, not counting the others? MR. DeLONY : Over the entire propert . Thei:,e was only probably --you know, up north there was --think we only had three or four. COMMISSIONER KOWAL: Okay. So let's say --let's say 45 or whatever. So out of 45 on the arm property, did every one of the 45 have contaminants of some type? MR. DeLONY : No, they didn't all have contaminants. COMMISSIONER OW AL: So how many do you recall? MR. DeLONY: I mean, I'd just be giving you a number off the top of my head but want to say probably about 50 percent to 25 percent ~ad some kind of contaminant. CONfMISSIONER KOWAL: Okay. So 50 percent. So if you just do simple math, we're talking --how many acres is that? About a thousa d-some acres? MR. DeLONY : I mean, I would point out that these tests -- COMMISSIONER KOWAL: The farmland I'm saying. MR. DeLONY : --were done where we expected to find contaminants . COMMISSIONER KOWAL: I understand. But you also made the statement that that was a mobile fueling site. They can move it Page 99 Page 458 of 5243 April 22, 2025 anywhere on the farm where they had the fuel equipment. MR. DeLONY: Yeah. They were -- COMMISSIONER KOWAL: They can bring it to where they're working on the back 40 if they had to for a week or two. MR. DeLONY: They could. They were typically, you know, 500 gallon fuel tanks that could be moved. COMMISSIONER KOWAL: They were mobile. Yeah. They weren't stationary. MR. DeLONY: They were on --they were on sRids. They weren't, like , you know, trailers. COMMISSIONER KOWAL: I know exactly hat they are. I've used them before. I guess what I'm trying to say is , mathematically, you could say that 50 percent of a thousand acres i possibly contaminated. COMMISSIONER McDANIEL: No, that's not -- COMMISSIONER KOWAL: Well, 50 percent of the holes were contaminated. COMMISSIONERMcD NIEL: That's not a --that's not a fair assumption. COMMISS O B~ OW AL: I don't know. I mean, I'm just looking at the sample size . I'm just --I'm just throwing a spitball, and the sample size is , say, 50 holes . So 25 of them had contamination. COJv.IMISSfONER McDANIEL: You -- COMMI ~IONER KOWAL: I'm just --I'm just --never mind. I alreaclY, know how I'm voting, so let's just -- CHAIRMAN SAUNDERS : Okay. So I'm just trying to --I'm just trying to make sure we understand what the contract is that we're voting on, so that --because that --and I think Ms. Ashkar was in the middle of you outlining what the changes are that will be the vote on this. MS. ASHKAR: Yes, Commissioner. Thank you. Page 100 Page 459 of 5243 April 22, 2025 So in addition to the seller completing the remediation that we just showed up on the screen, there --it's a waiver of the indemnification provision in the contract. And so our existing standard form contract has an environmental indemnification provision. This amendment would strike through that. So it means once we close, the seller has no further liability related to any environmental contamination on the property and, of course, that's due to the fact that they're going to be remediating it. CHAIRMAN SAUNDERS: Okay. And so the e's going to be some remediation. MS. ASHKAR: Yes. CHAIRMAN SAUNDERS : From this point forward --ifwe adopt this amendment, from this point forward, we can still terminate the agreement, but we have to pay a half a million dollar -- MS. ASHKAR: Correct. CHAIRMAN SAUNDERS: --liquidated damage s . MS. ASHKAR: So once t e --the liquidated damages goes up from 70,000 to 500,000 , which is effective following the seller's election to remediate . So once the seller elects to remediate the property, now that --t ose liquidated damages go up to a half a million dol ar,S . So if t e county fails to close on the property after the seller has agreed to conduc that remediation and complete that remediation, we'r e on the hoo fo r half a million. CijA.lRMAN SAUNDERS: All right. Well, I would be supportit e of this if we didn't have to risk the half a million. Now, the property owner --and this is a question for Mr. Rollins , I think . The property owner is going to have to remediate whether he sells the property or not. At some point in time, the property owner's going to have to remediate. MS. ASHKAR: The seller has the option to remediate. So Page 101 Page 460 of 5243 April 22, 2025 that's an important piece of this contract that was discussed earlier. Once the seller gets all of the information for remediation, the seller may exercise its option to remediate. CHAIRMAN SAUNDERS: Understood. But I'm saying in the real world, when this property is sold, whether it's to us or to somebody, the buyer's going to require remediation. And so I guess my question is, to Mr. Rollins --and I hope I'm saying t at p RB esiy, correctly --any consideration for keeping the --you're go1n to make the decision as to whether you're going to remedi~. ¥ o have that total option. MR. ROLLINS: Okay. In the real world, you have a property owner. They sell their property to a develope . The developer does the Phase 1. If there's a Phase 2 required , they' 1 --they can elect to do that. But the Phase 1 basically identifies everything that's there, areas of interest. The developer would t~n make up their mind, okay, I'm going to acquire the property, and 1'm going to decide on whether -- whether or not I'm going to remediate or I'm not going to remediate. And then they're going to take their site plan and design that around the areas that neecl to b remediated, because they might put a building or a parking lot over an area. If they decide to put a ball field over a area that's been --that's contaminated, then they would go and they would remediate . Typically the sellers are not required to remed·ate the properties. CHAIRMAN SAUNDERS: Would you be willing to consider reduction of that liquidated damage number from a half a million to sometBing -- MR. ROLLINS: I think what you have on the table is what the sellers are willing to do. CHAIRMAN SAUNDERS: Okay. All right. MR. ROLLINS: Yes, sir. Thank you. Page 102 Page 461 of 5243 April 22, 2025 CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: And, Commissioner Saunders, that 500,000 is a protection for the seller. After they've made the choice to do the remediation, they're going to bear that expense. Our contract that we have --all of our contracts that we have allow us to cancel without cause, and we would only have 70,000 exposed. And the 500,000 is for us to have skin in the game to show that we are interested in acquiring the piece of property and mitigate the ris for the seller and the burden of that expense of that re ediatio,n, whether it's 100,000 or whatever the actual expense is. So we're not losing that money unless we chose to not buy that --we're not exposed for that money unless we chose to not buy that piece of property. CHAIRMAN SAUNDERS: Okay . All rig t. I think we have a -- MS. KINZEL: Commissioner, I'm sorry. It's Crystal. I do have some questions that I'd like to clear up just from a contractual standpoint. When we ay remediate, are you only talking about the designated areas where hey've done the preliminary? Are you talking the whole area? Obviously, we 've a11 been around for the golf course. It took seven years. We hao many issues of what went where. One oft~ things-1:hat struck me from the whole conversation is that we don't really know all the things we're buying it for and planning it; a1'd therefore, even to get to the lev el of remediation thaf's required, we don't seem to know that. We've talked about more ball fields, more parks, affordable housing, different levels of contamination, what are those things. And the protection in the contract --I see the red flags also. As your comptroller, the price in the appraisals --which we're reviewing a lot of appraisals right now, and I think we have noticed you on that, for some of the things that we have already purchased and we intend Page 103 Page 462 of 5243 April 22, 2025 to purchase. And it just does concern me, as comptroller, that without a guarantee of remediation or even is EDP [sic] the one that is going to come in, or no, ED P's , totally off the table. Because you're taking a risk that you don't even know what the risk is, and yet we're paying a price that was from an original appraisal amount that may or may not have taken those factors into account when the value was determined. So sloughs, I know the importance of the water, but eighing an unknown to a 20-million-plus pricing, we've done tlaat before, and it did not tum out well for the taxpayer. So I just anted to get that to your information. Thank you. CHAIRMAN SAUNDERS: All right. Any other -- Commissioner McDaniel , anything else? COMMISSIONER McDANIEL: Are you okay with my motion per amendment four? CHAIRMAN SAUNDERS: I'm okay to vote on it. I'm not so sure I'm okay to vote positive. COMMISSIONERMcD NIEL: I understand. But I'm going to make a motion to accept the amendment four. COMMISS O B]l_HALL : I second it. CHAI~A 8 lJNDERS: All right. We have a motion and second. Any further discussion? (No response.) C A ~AN SAUNDERS: All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COM MISSIONER LoCASTRO: Aye. COMMISSIONER HALL : Aye. CHAIRMAN SAUNDERS : All opposed? Aye . COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: I believe that passed 3-2; is that Page 104 Page 463 of 5243 April 22, 2025 correct? COMMISSIONER McDANIEL: You are correct. CHAIRMAN SAUNDERS: Commissioner LoCastro, you voted in the affirmative? COMMISSIONER LoCASTRO: Yes, sir. CHAIRMAN SAUNDERS: I think we need to take a break. Come back at 1: 15? Is that satisfactory? All right. We are i recess until 1: 15. (A luncheon recess was had from 12:13 p.m. to 1:15 p.m.) MS. PATTERSON: Chair, you have a live mic. Item #1 lC THE PROPERTIES ON THE JANUARY 2025 ONSERVATION COLLIER ACTIVE ACQUISITION LI§T (AAL) AND DIRECT STAFF TO PURSUE THE PROJECTS RECOMMENDED WITHIN THE A-CATEGORY, FUNDEDJ3Y THE CONSERVATION COLLIER LAND ACQU ~ 'PJ ON FUND. (COMMISSIONER HALL'S REQUEST) -MOJ'ION TO APPROVE BY COMMISSIONE SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO -APPROVED 4/1 (COMMISSIONER FPALL OPPOSED) CHA ~AN SAUNDERS: We'll head over to Item l lC. I think that{s where we are. S. PATTERSON: Yes, sir. Item 11 C is a recommendation to approve the properties on January 2025 Conservation Collier Active Acquisition List and direct staff to pursue the projects recommended within the "A" category within the Conservation Collier Land Acquisition Fund. This item is moved from the consent agenda at Commissioner Hall's request. Page 105 Page 464 of 5243 April 22, 2025 And we have Jaime Cook, your director of Development Review --I always I get it wrong --here to present. CHAIRMAN SAUNDERS: Commissioner Hall, did you have anything specific? COMMISSIONER HALL: No , we'll listen to Ms. Coob a little bit. CHAIRMAN SAUNDERS: Okay. MS. COOK: Good afternoon, Commissioners. Ja(me Cook, your Development Review director, for the record. The January 2025 list consisted of three p operfes. wo were recommended for the A list or to pursue acqu • sition by both --by the Conservation Collier Land Advisory Committee, and there was one property that was proposed for the C list, which would mean that staff would not pursue acquiring this. The first property --properties are'the Edwards Trust properties. This is nine parcels consisting of 65 otal acres. It does contain wetland and more upland habitats. It does expand existing conservation lands both wit Picayune Strand to the east and Hacienda Lakes and th an Marino PUD conservation lands to the west. The site • s uti ized by both Red-cockaded woodpecker and Florida panthers; however, this area is in the Transportation Management Benfield Road extension study area, and there is limited access. There is no vehicles access , and there is only access through an existing trail from Picayune Strand that would cross other privately owned parcels. Management activities for these parcels, which the way , are shown in red on that map below, would include some cabbage palm thinning, restoration, as well as exotic removal. The Golden Land Partners is adjacent to the Edwards Trust parcels. It's shown in yellow on the map on the bottom of the screen. Page 106 Page 465 of 5243 April 22, 2025 It is 20 acres. It is entirely wetlands. Again, expands existing conservation lands and is utilized by cockaded woodpeckers and the Florida panther. Again, this one is in the Benfield Road extension area, and we would have the same access issues; however, this parcel is di erent from the others in that the first two --the first two TDRs have already been stripped from the property, so no development is allowed already. The third and fourth TD Rs would still be availa le if a restoration and maintenance plan were established as ell as conveyance through the fee simple to a state or a federal agency. And the third parcel which was on the C list and is not recommended for acquisition is adjacent to the Gordon River Greenway in the urban area. It is about a third o'f an acre of disturbed mangrove habitat. It does provide storm surge protection from the Gordon River. But again, there is lirpited access, and a parking area off of the Bembury Drive where this is located would not really be feasible . Some of the other conce s and issues are it appears that the site was used as a construction deBris site where there's been a lot of debris dumped over the years, so that would require significant cleanup. We d'd discuss with the owner ifhe would be interested in doing it, and ~ declined. He also does have permits to build a single-famj ly ~m on this property currently. So the cost o Conservation Collier, this --again, the two projects that staff would recommend approval of total 85 acres, and the estimated value for these two properties is just under $500,000 with about $100,000 in initial maintenance activities. And with that, staff would recommend approval of the January 2025 Active Acquisition List and request that you would direct staff to pursue appraisals as well as the due diligence periods that we typically go through with any other properties. Page 107 Page 466 of 5243 April 22, 2025 With that, I would take any other questions or comments. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Yes, Chairman. I pulled these because it looks --it appears that we're already going to accomplish greatly what we would be doing by spending half a million dollars of Conservation Collier money. The Edwards Trust, the 65 acres, it's basically landlocked, wetlands, but the Gordon --the other property was 20 acr~ The TD Rs have been stripped. It's not --two of them have --half of them have been. It's landlocked as well. There's no p,ublic access. And, you know, CCLAC recommended them. They clicked the boxes on them, but they were so low. I think tha we're basically accomplishing really what we want to accow plish with these properties without having to spend adoitional money or incur further expense in perpetuity with our Copse af on Collier funds. So I would recommend not going fo ard with these two properties. If there's any other discussion ... CHAIRMAN SAUNDERS : Yeah. We do have some lights lit up , and I don't know ifwe ~ve any public speakers . Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. This is a technical question . I thought that the --to acquire the additional restoration credits, th,at the\festoration had to be completed and the land transf e ed to a government agency. I didn't remember it having to be a state or federal agency. MS. COOK: It could be county, state, or federal. Sorry. COMMISSIONER McDANIEL: Okay. That's all right. So we could --if we did buy this land and we did the restoration, we could strip those credits off and have them available for future disposition . If I recall, we amended the ordinance to allow for Conservation Collier to be the --or Collier County to be the beneficiary of those Page 108 Page 467 of 5243 April 22, 2025 credits. MS. COOK: Correct. It was in the program ordinance to allow it. It hasn't been updated in the purchasing policy yet, that we continued this morning. COMMISSIONER McDANIEL: Yes. And so it wasn't addressed in the purchasing policy at all. MS. COOK: TDRs are in the purchasing policy. Because right now the purchasing policy resolution states that the owner llas to strip the TDRs before the program buys it. The recommendation that you've made previously is that we don't strip the TD Rs, so we haven't. They're still on all of the properties that we've acquired within that last year or so . But we still need to amend the Growth Management Plan to allow Conservation Collier to then sell those credits. COMMISSIONER McDANIEL: Okay. To receive them. So the correction, then, for my bza • n is we still hav e the capacity to develop the TD Rs and strip the~ for the benefit of Collier County /Conservation Collier? MS. COOK: Yes. COMMISS O B]l_McDANIEL: Okay. CHAI A 8 lJNDERS: We have a couple registered speakers . MR. MI LER: We have one, sir, Brad Cornell. C A ~AN SAUNDERS: Good afternoon. MR. CORNELL: Good afternoon, Mr. Chair and Com issioners. I'm Brad Cornell, and I'm here on behalf of Audubon Florida and Audubon Western Everglades. So Audubon strongly supports the staff recommendation and the CCLAC recommendation to approve this Active Acquisition List from January. This is --I remember the rev iew and the ranking that they did. Page 109 Page 468 of 5243 April 22, 2025 And I want to flag --so these are really an opportunity to complement and add to the Picayune Strand State Forest, which is an amazing resource. It's the western half of the CERP, the Everglades restoration project, which is south Golden Gate Estates. This is the South Belle Meade part of the Picayune Strand State Forest. Important panther habitat, Red-cockaded woodpecker habitat, watershed for Rookery Bay. Really important for all kind of Collier County interests. To the question about restoration, the problem with the restoration is that you only will get that if the landowner does that by stripping the third and fourth credits, and they're dis-incentivized to do that because restoration is very expens ·ve . o nobody --that's why you often see the first two credits in the Ru al Fringe Mixed-Use District, they strip those two credits off and sell those, but they don't do the third and fourth because restoration is tough , and also donation is tough because many of the.agenci es do llit want to take it because it comes with a land managemen obligation. And so if --that's t e advantage, Commissioner Hall. If you want to have restoration o these parcels, you're going to have to acquire it or change the policies to incentivize the landowner to restore it; ot~rwise , ou're going to end up with a lot of cabbage palms that are a ire risk that kill pines, that destroy habitat. So restoration is important. The only way you're going to get that done is y acquiring it yours elf and working out something that way, and then you would have those TDR credits to discuss how -- what the eventual fate of those is; otherwise, it's not going to happen. So that would be an important reason to buy these. Thank you. MR. MILLER: That's it. CHAIRMAN SAUNDERS: Nobody else is lit up , so --no other speakers. Any other comments? Page 110 Page 469 of 5243 April 22, 2025 (No response.) CHAIRMAN SAUNDERS: I'm just going to make one. I've been supporting the CCLAC and their recommendations , and I'm going to --I'm going to continue to do so. So I'm going to support the acquisition. MS. COOK: Can I just note that this doesn't actually acquire the properties. This just allows staff to move forward with the appraisals and the due diligence. CHAIRMAN SAUNDERS: I'm assuming that it ultif ately will lead to that. That's -- COMMISSIONER McDANIEL: Correct. COMMISSIONER LoCASTRO: Gan you go back to the slide that had the dollar figures on it real quick . MS. COOK: Sure. CHAIRMAN SAUNDERS: Commissioner Locastro, anything else? COMMISSIONER LoG i\.~TRO: I guess I just would have one question. When you have --on tli t one slide when it says "no development is possibl " anp --which is --there's always a way, you know, but, you know, he way it sits now --and maybe this is a hypothetical --then why would we buy it? You know , because we buy property to reserve it in perpetuity. And if that property preserves itse f; it's not going to be built on. So just --I want to hear a really good answer to this because I'm in line with Commissioner Saunders, when stuff comes to us as a recommendation --and like you said, it's just moving forward. It's not necessarily purchasing it. We assume it's going to come to us with all the positive type things , but it's not a foregone conclusion. But if it's a piece of property that's not buildable --and I realize the TDRs and all that and how we can manipulate that, but what would be the reason for acquiring it if it seems like the land already Page 111 Page 470 of 5243 April 22, 2025 preserves itself if we don't spend the money? MS. COOK: So --a couple things. This is in the Rural Fringe Sending District area, which the sending area is designated and --I don't know the word --but it's designated so that agencies -- conservation agencies buy those lands and keep them in conservation forever. The other thing, as Brad mentioned, that this area is Just east of a lot of development. Hacienda Lakes, the Caymas development. That if it isn't maintained, there is the potential for more wildfire risks on those properties that staff would be maintaining those properties better than if they're left in an -- CO MMIS SI ONER LoCASTRO: e just leave it. Okay. No, that's fair. I wanted to hear --that's what I wanted to hear, something like that. So I mean, I'm supportive o purchasing both these properties. CHAIRMAN SAUNDERS: All tigh. We're ready for a motion. I'll make a motion to approve. COMMISSIONER I:oC}'.\STRO: I'll second. CHAIRMAN SAUNDERS : Any further discussion? (No response.) CHAif¥A S DERS: All in favor of the motion, signify by saying aye. CO~MISSfONER McDANIEL: Aye. COMMIS'8IONER LoCASTRO: Aye. C1¥-lRMAN SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? COMMISSIONER HALL : Me. CHAIRMAN SAUNDERS : All right. It passes 4-1 . Item #1 lD Page 112 Page 471 of 5243 April 22, 2025 THE PROPERTIES ON THE FEBRUARY 2025 CONSERVATION COLLIER ACTIVE ACQUISITION LIST (AAL) AND DIRECT STAFF TO PURSUE THE PROJECTS RECOMMENDED WITHIN THE A-CATEGORY, FUNDED BY CONSERVATION COLLIER LAND ACQUISITION FUND . (COMMISSIONER HALL'-S REQUEST) -MOTION TO APPROVE WITH THEE EM TION OF THE LUCARELLI PROPERTY BY COMMISSIO ER HALL; SECONDED BY COMMISSIONER KOWAL -F AI ED 2/3 (COMMISSIONERS SAUNDERS, MCDANIE AND LOCASTRO OPPOSED) -MOTION TO APPROVE THE LIST AS PRESENTED BY COMMISSIONER 1\CDA IE:C; SECONDED BY COMMISSIONER SAUNDERS -APBROVED 3/2 (COMMISSIONER KOWAL AND GOM~SSIONER HALL OPPOSED) MS. PATTERSON: Commiss·oners, that brings us to Item 1 lD, formerly 16A 15. This is a recommendation to approve the properties on the February 2025 Conse ation Collier Active Acquisition List and direct staff to pursue the projects recommended within the "A" category funded by Conservation Collier Land Acquisition Fund. This item was a o moved at Commissioner Hall's question. CHAIRM~J SAUNDERS: Commissioner Hall . COMMISSI ONER HALL: I pulled this one because there was one of he properties that I took exception to, and that was the Luca elli;property. If you take a look at the top picture right there , that's five acres that are right in the middle of urban land. And to spend two and a half million dollars on that piece of property to put it in conservation, I didn't see the value of it. I didn't see what the purpose of it was. There's a large code case with exotics already existing on the Page 113 Page 472 of 5243 April 22, 2025 property. And for two and a half million dollars, that --this is basically an exit strategy for these owners. They have no other thing that they can do with it. They have talked about selling it and remediating the exotics and fixing the code case and selling it to a developer , which , in that case, would be the obvious thing, because it's surrounded, and I just don't see --I just didn't see the value of it, including this on an "A" list for us to come back and sax no, this is not worth it in the end. So that's why I pulled it. CHAIRMAN SAUNDERS: Any comments? MS. COOK: No. The Commissioner is absolutely nght, there's been an existing code case since 2018 for exotics on this property. They have also been through four reviews of --for a subdivision plat plan to develop eight single-family homes on this lot. So there's a multitude of development options on this property other than just conservation; however, again, they did apply to the program. It does meet the criteria of the program, so it w as brought forward to the CCLAC and ultimately to you. CHAIRMAN SAUNDERS : Any public comment? MR. MILLER: Yes, Brad Cornell. MR. CORNEDL: Good afternoon, again, Commissioners , Mr. Chair. Brad Cornell with Audubon. I shar ~our skepticism about this parcel because of its --the context of the urban place that it is , but you'll notice that it's adjacent to conservation easements and some waterways . And I want to make a point that Conservation Collier's role in Collier County has some purpose that no other agency is going to pursue. You're not going to see the federal government come in after this or the state government, Florida Forever. Nobody wants this except for possibly Conservation Collier, and the reason it's got value is think about Hurricane Ian just a couple of years ago, and what we lack is a place to put storm water and --in urban areas. Page 114 Page 473 of 5243 April 22, 2025 And so there's a really --whether you're talking about the East Coast or our coast or even in Central Florida where they suffered some significant flooding in urbanized areas that they did not realize they had built in floodplains, you need to have a place to put stormwater. That's the value of this parcel, because it's in the midst of urban development. It's a place to put water that's not in people's houses. So I know it's expensive. It does give you some pause, but that --if I may suggest, that would be the value of places like this in an urban setting. CHAIRMAN SAUNDERS: Is that a proper function of Conservation Collier? MR. CORNELL: I think not --not as an engineering strategy for stormwater, but as a natural --t e-y call it nature-based solutions where you use natural wetlands. es, restore that, get rid of the exotics, but keep the capacity for storing rainwater, precipitation naturally the way wetlands mormally do . They cleanse the water, and they hold the water, attenuate it so that's not running off immediately into people's streets and houses and those kind of situations . Nature-based solution is the term. CHAI~A S DERS: Commissioner Locastro. COMMI SIONER LoCASTRO: Thank you, Chairman. Ms. Coo~ J was surprised this one was on the "A" list. I mean, what's th,e big thing that we're missing here? The pros are, in my opinion, kind of thin. I mean, that --you know, I hear what Mr. Cornell says, but I can't imagine that this one little plot saves this whole area --and I know he's not exactly saying that --from flooding , that sort of thing . But is there anything that we're missing, or is one of the pros a really strong pro that I'm missing? Because you can always say, aquifer recharge, storm water storage. I mean, you probably almost Page 115 Page 474 of 5243 April 22, 2025 call any piece of land that, as a pro. And from what we hear, the woodpecker's everywhere, the panther's everywhere. You know, that's not the case here. But is it something that we're missing that is a stronger pro than maybe what we're seeing on this slide? MS. COOK: I would say that going back to we have eig t criteria that we look at when we look at properties: Native vegetation, listed species , storm water recharge, opportunities for the public. This does meet the habitat, it does meet the abilityJ'or stormwater storage, and it also is within the target protection area being an urban area preserve. So that's why it was --it was brought forward. COMMISSIONER LoCASTRO: Okay. CHAIRMAN SAUNDERS: All right. Co m1ss1oner McDaniel, I'm sorry. COMMISSIONER McDANIEL: Ye-s. My question is , are we agreeing to pay these monies..for these properties now, or is this authorizing you to go forward and negotiate with the purchasers? MS. COOK: This is --tfiis is the same where we would go get appraisals and do due diligence and then move forward to make offers. This is no a setJ)Urc ase price. COMMISSIO ER McDANIEL: And then maybe with Mr. French standing behind you, it was mentioned that there were code enforcement liens that are out here on this property. What happens to those? MS. COOK: So they have not actually gone to hearing yet. If the county were to buy it before it would be resolved, which I --I'll have no opinion on, then everything would disappear, and it would be up to Conservation Collier to mitigate. Conservation Collier staff would highly recommend that be addressed and that code case closed before an actual closing date. COMMISSIONER McDANIEL: And the code case has to do Page 116 Page 475 of 5243 April 22, 2025 with exotic removal? MR. FRENCH: Yes, sir. Commissioner, for the record, Jamie French, your department head for Growth Management and Community Development. This has actually appeared before your Special Magistrate on numerous occasions, and Mr. Lucarelli has asked for continuances, which he has been granted. He's made obligations to your Hearing Examiner --I'm sorry --to your Special Magistrate that this would be cleaned up, as well as obligations to the community, and that's why this continuance . Some of those have been hiring staff, getting an engineer, which he has come back, and he has given reports to Mr. Neale . Although it's not discussed and it's not "den ified within your Conservation Collier ordinance purchasing JJOlicy , one consideration that we might ask is that you give, on --if the Board were to move forward with this property, t~at he would have to satisfy all the code issues, which would be the remova of the exotics; otherwise, if this remains, that code case transfers over to the county. COMMISSIONER fyfcDANIEL: My question in regard to the exotic removal, it was my understanding that a property owner -- private property owner wasn't required to do exotic removal unless they were coming f o ard with a development order. MR. ERENCH: That would be in the E states. In your Estates subdistrict, you're absolutely right. But when you have development tha is wj thin 250 feet , we have this throughout the county, and in man cases this is where we would work with the Sheriffs Office to disrupt 6 omeless activity. I would point to Texas Tony's just down the road where they endured that, and that's the code we used, and that's where your exotic ordinance does help with law enforcement and help keep the quiet enjoyment of communities to keep that type out of there , and so Page 117 Page 476 of 5243 April 22, 2025 this was a legitimate code case that was called in. COMMISSIONER McDANIEL: Okay. MR. FRENCH : There's been obligations made by this property owner. And apparently unbeknownst, I would imagine, to Code Enforcement, he has chosen a path to nominate --have this property nominated for a Conservation Collier purchase . We do think that there's adequate benefit. It does meet the criteria, stormw ate recharge, as Mr. Cornell said. As your floodplain administrator, I would totally agree with that. But with these hardwoods and the exotics t at a e in there now , it would not perform in the ideal fashion , as a co servation easement that was well maintained. CHAIRMAN SAUNDERS : Commission owal. COMMISSIONER KOWAL: Thank ou, Chairman. Some of my questions got answered thr ough your questions already. But I'm just trying to figure out exactly where this is along Immokalee Road. What is that COQJ.munity that it's -- MS. COOK: Sir, it's part of Willoughby Acres. COMMISSIONER OW AL: Oh, okay. MS. COOK: This • s Airport Road right here --or I'm sorry, Livingston andJ mmokalee, and then this is Willoughby Acres. CHAIRMAN S ~DERS : Okay. CO¥MISSfONER KOWAL: So I know there was mention of Hurricane lap . So I don't believe we have flooding --did we have flooding i that community during Hurricane Ian? MS. COOK: Not that I'm aware of. COMMISSIONER KOWAL: Not that I'm aware of either. It was in an A zone? MR. FRENCH : It is not within an A zone. It would be in the AH for ponding . COMMISSIONER McDAN IEL: This isn't Willoughby Acres. Page 118 Page 477 of 5243 April 22, 2025 COMMISSIONER KOWAL: Huh? COMMISSIONER McDANIEL: It's Palm River, isn't it? MS. COOK: It's off of Erie Drive. COMMISSIONER McDANIEL: Off of Erie, oh, in the back of Willoughby. Okay. MS. COOK: Yes. COMMISSIONER KOWAL: It's in the back of Willoughby, yeah. All right. I was just curious . I was just --you ow, 'm just trying to figure out how would --how would the wate --because I assume they have a stormwater plan in that community already that takes their stormwater. How would the water. make itself to this isolated piece of woods within the community help the community somehow? MR. FRENCH: The natural attenuation of that area , it is an AH, so it's going to be subject to ponding. It would not be subject to either rivering or coastal surge. COMMISSIONER KOWAL: Okay. CHAIRMAN SAUNDERS: Commissioner Hall . COMMISSIONER PI DL : I was going to make a motion to approve , on the A list, all of he properties with the exception of this one. The -- CHAIRMAN SA DERS : Commissioner Locastro. COJ\1,MISSfONER LoCASTRO: Thank you, sir. Woul an appropriate course of action, like you said --we 're voting to move forward and get appraisals and things like that. But beca se this one is unique, it has, you said, liens against it, right? MS. COOK: No liens. COMMISSIONER LoCASTRO: What is it --what was the issue? MS. COOK: There's an existing code case that -- COMMISSIONER McDANIEL: Oh, the code case. Page 119 Page 478 of 5243 April 22, 2025 MS. COOK: --the property owner has continued to request continuances. COMMISSIONER LoCASTRO: So then --so we have that, and then we have the removal of exotics. And so I'm never a huge supporter of creating extra work for you-all , but also , I'm not a supporter of holding up something to give us more information, and I don't think this is --we're not launching the space shutt e ere. You're going to do a real estate asses sment and come back to us with some information. Would it be appropriate to move forward? But then he only way I would vote on this would be if you caipe oack with the appraisal and we went to the owner and made an offer that would say, "You have to clear the exotics, you've got to , you know , clear the code case and all those things ," then if they said no , I don't know that I would spend $2.5 million for this ~iece of property. But we couldn't --could we make t4.at off er now to the person? And I think that answer's no , we have to move forward first with an appraisal and all that an then ne otiate with the landowner, correct? I mean, that's the right co se of action? MS. COOK: Correct, it would --staff would recommend that if that were you --were your decision, that it would be subject to resolution of the existing code case. CO¥MISSfONER LoCASTRO: Yeah. I mean, that's the only way I thirpk that would support it. I would say bring us back some of the ·nformation, and then let's see if we can, you know, negotiate aggressi ely and not take all the liability for the exotics and the code case and all that and have that, you know, jump on the county, if that's an option. So I'm just trying to throw out some things here without totally killing it. But I certainly wouldn't want to take up all the extra expense. I don't think it's that valuable of a piece of property. Page 120 Page 479 of 5243 April 22, 2025 CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, just one little point. And, Commissioner Kowal, this is all part of Palm River watershed, and it did receive extensive flooding during the Ian event and the Irma, because we had issues getting water out from the Irma event with Palm River and the weir system. So this --if you lool<at the aerial photo, the big aerial photo of this, that little crick bed t at goes up along the north end here is the extension of Palm River's basin all the way up through, so ... MS. COOK: The other option, Commissioner --and we didn't discuss it earlier, but would be to put this property on the B list, which would mean that staff would reevaluate it within a year and bring it --re-rank it and bring it back to you. W could see --if we put it on the B list, we could see if the--y've made any resolution towards the code case. If not, we .ma have a different overall ranking. CHAIRMAN SAUNDERS : Well, the only --I guess the only problem with that, if there is a problem, is that the property could be sold for development between now and the time the B list is evaluated, but that's -- MS. COOK: Absolutely. But it's been going through a subdivision~~l~t review for a couple years anyway . CHAI~AN SAUNDERS: Commissioner McDaniel. COMMIS'8fONER McDANIEL: Yeah. Well --and that was m ques ion is, what is our benefit for belaying this? If we do move f o ar.,.d, we still will have an opportunity to review all of the extenuating circumstances and make a decision as to whether or not we wish to proceed with the transaction based upon everything that you've just outlined, correct? MS. COOK: Yes, absolutely. CHAIRMAN SAUNDERS: All right. Page 121 Page 480 of 5243 April 22, 2025 Anybody else? Any additional speakers? (No response.) CHAIRMAN SAUNDERS: We just had the one. All right. So we have a --I'm not sure if there was --I think there was a motion to approve the whole list with the exception of the Lucarelli property. There has not been a second to that motion et. If there is no second -- CO MMI S SI ONER KOWAL: I'll second it. CHAIRMAN SAUNDERS: All right. We have a motion and a second to approve the list with the exception of the ucarelli property. We're going to call for the vote o~ hat. If that vote fails , we'll take another motion then. All in favor, signify by saying aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? COMMISSIONER McDANIE : Aye. COMMISSIONER I:oC}'.\STRO: Aye. CHAIRMAN SAUNDERS : Aye. Now that motion fails 2-3. Is there anothe otion? COMM! SIONER McDANIEL: I'll make a motion. CHAIRMAN SAUNDERS: All right. We have a motion to approve the hole list as -- COMMISSIONER McDANIEL: Do you want to make the motion, and I'll second it? CHAIRMAN SAUNDERS : No. Go ahead. You've got the floor. COMMISSIONER McDANIEL: We'll make a motion to approve the list as presented. CHAIRMAN SAUNDERS: I'll second that. Page 122 Page 481 of 5243 April 22, 2025 Any further discussion? COMMISSIONER LoCASTRO: I'll just say when this comes back, I would --the aggressive negotiation would be something I definitely would be looking for. COMMISSIONER McDANIEL: Absolutely. CHAIRMAN SAUNDERS : Yeah. If it really has the water- management type or stormwater management value , you're going o have to do some convincing on that. MS. COOK: Okay. CHAIRMAN SAUNDERS : All right. We~ave a motion and a second. I don't believe we voted on that. COMMISSIONER McDANIEL: e Haven't voted yet. CHAIRMAN SAUNDERS : All in favor o the motion, signify by saying. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoC~'8T ~O: Aye. CHAIRMAN SAUNDERS : Aye. All opposed? COMMISSIONER DL : Aye. COMMISS O B}l'KOW AL: Aye. CHAI~A S lJNDERS: That passes 3-2. COMMI SIONER HALL : Did anybody change their mind? CHAIRM AN SAUNDERS: I came close. COMMIS'8IONER LoCASTRO: Come back with a deal -- co e bac with a deal, Jaime. Come back with a deal. MS. COOK: Thank you. COMMISSIONER KOWAL: I've got two houses on Johnny Cake that didn't get a drop of water two streets down. CHAIRMAN SAUNDERS : All right. Ms. Patterson. Item #15A Page 123 Page 482 of 5243 April 22, 2025 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING MS. PATTERSON: Commissioners, that brings us to Ite1!115, staff and commission general communications. Item 15A is public comments not on the current or fi ture agenda by individuals not already heard during previousrpublic comments in this meeting . MR. MILLER: I have no additiona comments at this time. Item #15C STAFF AND COMMISSIO GENERAL COMMUNICATIONS MS. PATTERSON: Ve good. That brings us to Item 15C, staff and commission general commissions. We do have a workshop scheduled for the first Tuesday in June. We've confirmed that with each of your aides. That will be a shared workshop between mental health in the morning, and then we'll start the AUIR, al\.d e may be able to get it done by lunchtime; otherwise, we have the afternoon reserved for the A UIR. An,d with that, I have nothing else. County Attorney. COMMISSIONER KOWAL: Nothing else. CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I would just like to thank the gentlemen sitting on the Board up here with me in brainstorming and, I think, making a much stronger Page 124 Page 483 of 5243 April 22, 2025 ordinance than the original one that I presented. So I think the language changes and things like that, it did shore it up a little bit more. But I do appreciate you guys' support, so ... COMMISSIONER McDANIEL: You did a good job. COMMISSIONER HALL: Yes, you did. CHAIRMAN SAUNDERS: Commissioner Hall . COMMISSIONER HALL: I do have --I do have one thing that I want to bring up. It came to my attention that the military museum was not going to get to go into the building that we wanted it to. CHAIRMAN SAUNDERS: And I can e~lain what the situation is there. COMMISSIONER HALL: I know. I understand what the situation is about the --with the funding and th appropriations and the limitation of a museum versus vete ans service center. But we have 30,000 veterans in Collier Coun an..d they have some amazing artifacts. I mean, stuff that dates back to the Spanish American War. So did --did everybody get the email from Joe Algers? Okay. When I got the email, I was --tmought, "Doggone, we have got to work this out." So I had a thought, and I talked to the County Attorney and the County Mana er yesterday about it. And my thought was , what if we put the military useum in that building with TDC funds , and then when and if we e er get ready for the veterans services, we can put them in t ere ike we were going to, and in the meantime, because it woul taRe so long to do and that doesn't fix their immediate end-o -the-year problem, we could allow them some space at the museum over here to exhibit their stuff and function for two years until we get that building over there in Golden Gate ready, and then they could move over there on a permanent basis . And that's --I thought that that might be a win-win situation for them and for us, and, Commissioner Saunders, you probably know a whole lot more Page 125 Page 484 of 5243 April 22, 2025 about that. CHAIRMAN SAUNDERS: Well, let's talk about that particular building for just a moment. Structurally, it's sound, but it's going to --I think the estimate is probably going to cost 6 or 8 or $9 million to get it into a position where it can be occupied. Are you --if the Board wants to use TDC funds for all that --I don't know that anybody would complain --that would imit any potential of getting any federal money; that would be he only thing. In terms of the potential for federal money, we cannot commit to space for a museum in there if we're going to use federa money. Mario Diaz-Balart --Congressman Diaz-Ba art has put into the --will be putting into the next budget a reque t for $9 million. He already did that for this year, but as you know, Congress went with a continuing resolution. They went baek to the 2024 budget which did not include our $9 million. So we're going to be delayed , I would,.guess, another year before we really know if we have federal funding. But I think if we --if we're not careful, we wou@ eliminate that potential. But that's what --if tli e Board wants to put the museum in there, we can certainly do that. And I'm not sure what you'd want to do with all of tl,ie other office space that would be available there. There's more space there than the museum would need. It's about 17,000 sq_uare feet. Aqd Mr. ullins is back there. He knows all of the details. But the tho ght as that there would be all the offices for all the veterans services organizations and for the county's veterans operations, and that wou d take up the bulk of the building, but then there would be an open area where different things could be placed. COMMISSIONER HALL : Ifwe could fix the building , ifwe could put it in there with tourism money, showing that it benefits tourists, and then if we don't have to rely on federal funds, then that's Page 126 Page 485 of 5243 April 22, 2025 savings to the American taxpayer. MR. MULLINS: For the record, John Mullins, your director of Communications, Government, and Public Affairs. To the Chair's point, the veterans community center, as re branded during this process, does provide space for some di ferent veterans organizations that we had been serving over the last several months. Those include not only our own veterans services di vis· on but also home base of Southwest Florida the Naples Vet Center, who I think may have met with another one of our commissioners about some needed space; Gulf Coast Veterans and F iends; and the Warrior Homes of Collier County. So the thought was trying to put al o t ese services in one one-stop-shop location for veterans to make easier for them to coordinate all the different benefits and progJams that are available to them. So whether or not you want to use thi space for the museum using TDT or use this space for th veterans service center which -- or veterans community center, apologize, which the Commissioner's correct, we're at least six months away from another federal budget being adopted if they're on time, and the last few years they've not come close. So it could be closer to a year before we have the 6 to $9 million ay ailable . CHAIRMAN SAUNDERS: And as you noted, there are close to 30,000 veterans in the community, and right now there is no ce tral ace for them to go to access services. With the nursing home there, there would be a veterans service officer at the veterans community center, and then there'd be other services available. So that was sort of the idea was to have this campus where we could have everything . The hope was that we could have a museum there sort of in the center and --but that became a bit complicated. MR. MULLINS : That's the appropriations subcommittee rules. Page 127 Page 486 of 5243 April 22, 2025 This is community project funding, otherwise known as earmarks. It's legislatively directed spending. And the subcommittee sets the rules , which is what preclude museums from being a part of it, because it's not considered economic development. CHAIRMAN SAUNDERS: What we could do --and I apologize. I'll go down the list here. COMMISSIONER LoCASTRO: Okay. CHAIRMAN SAUNDERS : What we could do iruse TDC funds for the portion of this building that would be used for the museum, which would not be the entire building and then use general revenue of the county to finish off the bu ·1ding for those veterans organizations . Because there's about 7 000 square feet. I think the museum probably needs 7-or 8,000..maximum, maybe a little less. MR. MULLINS : And yes , that square footage depends upon whether or not you comple e the second flo or. I think it goes between 14-and 17,000 squar feet aepending upon that component. CHAIRMAN SAUNDERS : Yeah. So there are options, but we'd have --we'd be digging into the general revenue. Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. Regardless of what kind of money that we use for the veteran community center and if it does or doesn't fit the museum, whether it's tourist dollars or not, they need a home now. And a lot of the emails that I saw, I saw you, John, and even Ms. Patterson offered them space here on the --at the government center footprint. And it wasn't optimum , and it didn't give them 20,000 square feet , but all the emails I was seeing was, "Hey, we're being thrown out of the airport . We need a place, like , yesterday." And then I saw answers to those emails from you-all , and then I saw emails then more from that group because then they got all Page 128 Page 487 of 5243 April 22, 2025 salivating about the big museum that was going to be built. And there's many ways that that pie can be cut, but it's not going to be done today . We could --we could figure out some unique ways of funding , and we've just heard a few. But for the space right now , I tho ght we had offered them something that at least allowed them to m aybe display their most valuable items and at least have sometHi,ng o display while we worked out the uniqueness of the money. Ano I think we've all brainstormed a couple of different possibilities that I think we would all support. But what happened to the footprint that we offered them to at least move now? MR. MULLINS : We had looked --and we still look at options for them to try to accommodate them. One of.them was the facility at Freedom Park. Of course, because i • s Freedom Park, it has the first responders memorial, it has the freedo m; emorial. There's a natural synergy and topical alignme t betweeu what they would be offering as a museum and what's alreacly t~re on that location. It would also provide s the opportunity to maybe move some of the items that we hav here on campus to that location. The only problem is that faci1ity, those grounds of that park, were also paid for with state Flo ida's ommunity Trust Fund money, which in the agreement says we cannot lease that space to a private sector entity, which mean_s they w ould have to become a part of the museum system. ow, that was one thing that they had approached us with at the outset, too, was what were the steps to become part of the county muse m system? And we led them to those, and to your point it looked Hke it was going in a positive direction, but then the tides turned, not exactly sure why, and now we're looking at other ways to accommodate them, potentially with the actual museum here on the main complex, which was not constructed with Florida Communities Trust funds , which means there are no strings attached. Page 129 Page 488 of 5243 April 22, 2025 COMMISSIONER LoCASTRO: See, I actually think that's the priority right now, and to try to encourage them to take the keys to that space. Whether it's perfect or not, they need an interim place now that --you know, nothing's going to be built at the veterans center. But like I said, I saw a couple of emails, and then it seemed like they stopped talking about it. MR. MULLINS: And keep in mind, part of their issue is a lot of the stuff that they have in storage, too, which has nevers eally been a part of this conversation because we don't really have the space to take care of all their wares that they have in sto ge units and other hangars at the airport. CHAIRMAN SAUNDERS: Part of the complication, Commissioner Locastro, with that concept was that in order to be part of the museum system, they would have to provide to the county in the form of ownership those m.aterials that the county would determine would be appropr'ate£or a museum. And so they didn't -- they didn't want to give up contro over the inventory. COMMISSIONER I:oC}'.\STRO: They had to do that for even the space that was he e? MS. PATTERSON: No. COMMISSIONER HALL: Only at Freedom Park. COMMI SIONER LoCASTRO: Right. So that's --I agree. That's why that~ell out. But we did have some square footage right here w • thin walking distance of this building. I'm wondering why tha fell out. Because as you just said, John, they didn't have to go through all hose gyrations. MR. MULLINS: Well, because there was initially a lot of interest from the representatives of the Naples Military Museum in Freedom Park, we've annually submitted a land management plan proposal to FDEP that administers the Florida Communities Trust program to get permission to have a military museum on those Page 130 Page 489 of 5243 April 22, 2025 grounds should we wish to. So we're still doing all of that due diligence to have that option available, but we only did so because of their sincere interest at the outset. CHAIRMAN SAUNDERS: Ifwe refunded the state grant --I'm not sure how much that is --but then that would eliminate all of the roadblocks. MR. MULLINS: Upwards of $12 million. COMMISSIONER McDANIEL: Oh, no. N_ COMMISSIONER HALL: Twelve? '-.J CHAIRMAN SAUNDERS: Yes , ma'am. MS. KINZEL: Commissioner, I hate to interrupt, but last week I was at a presentation of the Airport Aut ority, director, and he openly committed that they had the space at the airpo or as long as they wanted it. So I'm --I mean, that was just him verbally, obviously, but maybe that's why you're no longer seeing the letters. He definitely committed to the audience that, no, the veterans are good at the airport. So I don't know how recently you checked with them, but I just want to say that came straight from the director. CHAIRMAN SAUNDERS: I think part of the problem is they only have , I think, 800 sqy.are feet there. COMMISSIONER LoCASTRO: Yeah. CHAIRMAN s RlJNDERS: So it doesn't do much for this one . CO¥MISSfONER LoCASTRO: Do we have more than 800 square feet? nd what we were offering them on the footprint here was more, wasn't it? MR. MULLINS: Yes, it would be more here. It would be about 1,400 square feet if it was at Freedom Park, internally, in the building. MS . KINZEL: And I guess that would just give you a little bit more time that --if they have the existing. CHAIRMAN SAUNDERS: Commissioner LoCastro had Page 131 Page 490 of 5243 April 22, 2025 mentioned the potential for here on --our museum here on this parcel, on this site. What's the story there? MS. PATTERSON: So we have --over in the museum, we have the room where we hold trainings and different things. The idea -- and then it has a little gallery in the back. The idea was to a low them to use that space . We would give it up for our exhibits aii d other things and allow them there. It also would allow them potentially to use some of the grounds around there as well. We have a beautiful but underutilized garden in the back where we have some --a train and some other things, as well as the tank that's there, so there may be a way to integrate things in over there and possibly attract more people over to that museum. CHAIRMAN SAUNDERS: How big is that space? MR. MULLINS: If I had to ballpark it --we measured, I think , the gallery component at one point to see if it was an option. I think it was around 600 feet. If I had to ha lpark the other part, I'd say it was an additional maybe 1,200 square feet. So I'm thinking 1,800 to 2,000 square feet maybe. And.that's napkin math. may. CHAIRMAN SAUNDERS: That would be a nice -- COMMISS O B}l'HALL: Temporary fix. CHAI~A 8 lJNDERS: Yeah. COMMI SI ONER LoCASTRO: I mean --Mr. Chairman, if I C A ~AN SAUNDERS: Yes. COMMISSIONER LoCASTRO: Those were the numbers that I think you had given to me, John, when I was talking to them sort of like one-on-one trying to work a deal , and then they got very excited about the vet center but got ahead of the headlights is what I actually told them. I said, "Listen, you're speeding." And not only did I love the option that you offered them here -- because it didn't come with all the strings of Freedom Park --but Page 132 Page 491 of 5243 April 22, 2025 also, too, they --by their own admission, a move would help them sort of go through all their inventory. And one of the things that I told them is , look --and what our Clerk of Courts said might be true and --or it is true. She heard it. But that's not anything that I've seen, you know , in writing. But it's still not a permanent ho ~ for them, and I think at least putting them here --I said the sa~e t i g . I thought it put them in a more visible place. There's a lot of\.P eople that don't even know there's a backside of that airporvunles you're -- you know, you're using it. But then, you know, in my final sentence I sai , "Guys , it's more square footage than you have now , and I betcha t e move would help you shake the dust off of some things tli t ma)\be aren't as displayable as you think, and you'd get a better feel for what you really have , you know, to display." So, I mean, I thought that was the winner. Maybe we need to reengage with them and say, "Hey, for the interim, we might be able to do some magical stuff with mo ey, but it's not going to happen today." And the offer of what's on the footprint here, hey, bring over what fits. We'll make it work, and then at least you have a home closer to the county, a more visible spot, and then we'll continue to brainstorm you know , unique funding and --for some possible space , you kno , eventually at the veterans community center. That was, you ~w, my thought. I think we should reoffer that and try to convince them to take that, because I think it's the best interim option. C IRMAN SAUNDERS : Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Just as a --just as a point, this issue with the veterans museum's been going on since I became a county commissioner and they started getting squeezed at the Naples Airport in that facility . And as an organization, their leadership changes, and so then there does their Page 133 Page 492 of 5243 April 22, 2025 direction changes. And I don't think any ofus can argue how important having a military museum or a veterans museum is for our community, but I just want to --I want to caution us with these potential discussions of TDC money funding up a veterans museum. I think there are real complications if we start moving them over to the veterans nu sing home facility and our capacity to receive federal money. There is legislation going on in Tallahassee rigl\t now that maybe allow --hopefully will allow us to manage the q'D,f revenues for the benefit of the whole community in offsetting ad valorem expense and maintenance and capital expenses and all kinds of nifty things. So I would caution us at this stage to stay p t. I'm really happy with this particular site here at campus. The tank is over there. It was donated by one of my friend's fat er to the county. It is the --it is a --it is a nice happy home without a lot of management, without a lot of fuss. And then as evolution transpires --Collier County has five museums already that/W e're tending. So adding another one into the mix is not, I don't think, an appropriate discussion for us to be having right now. CHAIRMAN SA DERS: Okay. So it sounds like -- Commissioner Kowal. COMMIS'8IONER KOWAL: Thank you, Chairman. rwas under the same impression. I knew there was a lot of strings, especially with the federal funding coming from D.C., and then, of course, the park down on Goodlette --or not Goodlette -- yeah, I guess it would be Goodlette --so I thought for sure they were already coming here. I don't know why I thought --I thought this was a good fit for them here on campus for what they have right now. And I know a little history because I went down there, and I Page 134 Page 493 of 5243 April 22, 2025 talked to the director of the airport about a few things. And what happens, every time they remodel another section of the terminal, they keep squeezing them smaller and smaller and smaller. Like, right now they're, like, in this little cubicle basically, and everything's just shoved in there. You can barely get around. But I told them they need to start taking things a little bit more seriously. They probably need to think about getting, like, one individual, like, a curator or something that actually ca~ ook at their inventory, see what they have, and they can --yo know, like Commissioner Locastro said, you don't need 500 uniforms of, you know, desert fatigues or something. You know, yoTu can find one or two that are unique . You have them as oisplay items . You know, they have tons of stuff in storage. It's just a dupl • cate of things. So I think that gives them a little more legitimacy if they have somebody like that. And I also to d them, says to the board, I says, "What you need to do is research C ~lier County's military history." Our airport was a trainimg facility for the Army Air Corps. They trained there, and, you kno , before they gave the airport over to the county in 1971, that was a military base. And if you can get more on the lines of you start on tbe base of what our military history here is in Collier County, then you feed off of that. And it gives you a little more legitimacy to be part of the county government while you occupy a S)Jace here. A d do 't know if they're going to take any of these recommendations, but I think that would make it an easier pill for the community to swallow to see that, you know, there is a history of military activity here in Collier County. There is --you know, in having it part of our system here. Not necessarily saying we absorb it, but, you know , while they occupy our property, I think it would be a good idea. CHAIRMAN SAUNDERS: I think the --I think the consensus Page 135 Page 494 of 5243 April 22, 2025 is that let's see if we can move them into the museum here. That's close to 1,400 square feet with some outdoor space. That may be -- MR. MULLINS: That would have been Freedom Park. CHAIRMAN SAUNDERS : No. MR. MULLINS: We're talking 2 ,000 square feet here on campus . CHAIRMAN SAUNDERS: Oh, 2 ,000. I thought you said -- yeah, I'm sorry. Okay. (Simultaneous crosstalk.) COMMISSIONER HALL: That's even mo e better. CHAIRMAN SAUNDERS: Yeah. It's a...whole lot more better. So let's --I think the consensus is we'd like to see them move into our space, the 2 ,000 square feet , whicl;} s ould be sufficient, that way --and we have someone who can curate those types of things as well. MR. MULLINS: Well, to Commissioner Kowal's point, the museum does have standards for things that are allowed into the museum setting, and one of the things that we were looking at, should they have been acquired by the county museum system, was bringing on an actual professional museum curator that has experience in military history. Because the Commissioner is correct, these things really do have to have a littl e bit of a nexus to Collier County itself. So that muse m curator would be going through a lot of their wares over there, seeing what is appropriate to be placed here, whether it be Freedom Park or on this campus, as part of the museum display. CHAIRMAN SAUNDERS: Okay. Do you need anything else from us to move forward? MS . PATTERSON: No, no. We'll chat with the military museum folks, and we can update you. CHAIRMAN SAUNDERS: Thank you, Commissioner Hall, Page 136 Page 495 of 5243 for bringing that up. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, sir. April 22, 2025 Number 1, I want to have a --we had a discussion today about the floor area ratio that's currently set by our LDC a .5. How do you-all feel about making a move to .6 on ALFs alone? I dol\t want to do it on all development, but just for assisted living facilities, because that seems to be the trend. You feel okay about giving staff direction to look into that and amend our -- COMMISSIONER LoCASTRO: Blanket approval, is that what you're saying? COMMISSIONER McDANIEL: Yeah, blanket approval. I mean, amend the LDC. It's not a blanket approval , but it's an amendment to the LDC. The --what was sqared with me was the trend is .6 FAR, and it's been the case, and to not have to require the deviations and such. If you're okay with tb.at, carry on. Number 2 , I learned of another deficiency in our Land Development Code with fhe notice processes for agriculturally zoned lands. Agriculturally zoned land only requires a thousand foot -- lineal foot no tic o roperty owners of a use change. We have a big one coming up in May, I think, is when it's coming to us, out off o Sabal Palm Road, fairly large subdivision. It's in your district. And it's an orange grove that's being converted. The request is for close to 400 units, and they only had to notify a thousa d feet ·n each direction from where it is on a single-use road with a lot of people between them and 951 . And so my suggestion is we amend --we ran into this in Golden Gate Estates . When I first came into office, it was 500 feet , and that required [sic] two property owners maybe. And then we went to a quarter mile , half mile. Now it's a mile ring . So my suggestion is we go to that mile ring across the board Page 137 Page 496 of 5243 April 22, 2025 with rezones, conditional uses, and use changes just to better edify the community as to what the neighbor's planning on doing, specifically on that one on Sabal Palm. You know how folks are , if you --if you live out towards 951 , you go to 951, go to the store, you come back, you go home. You don't ride down --you don't ride down Sabal Palm for fun . And so the sign was posted legally out on the front of the prope)i:y, but nobody even knew about it. Planning Commission meeting, NIM meetings ere held. Nobody --nobody showed up , and now they're --no --now everybody's showing up. So my suggestion is we elevate everything for a notice process to a mile ring. seat. COMMISSIONER HALL : I'm good with that. COMMISSIONER McDANIEL: Okay. COMMISSIONER LoC ST_RO: Mr. Bosi's jumping out of his COMMISSIONER McD else to do. Like he doesn't have anything MR. BOSI: Mike Bo i, Zoning manager. Just to clari~ you're --agriculture. You're not talking about a mile for the u banized area? You're talking about agriculturally zoned property that you want to increase it from a thousand feet to a mile, correct? COMMISSIONER McDANIEL: Specifically on agriculture, bu(I wou dn't be opposed to all rezoning requests. MR. BOSI: In the urbanized --just as a heads-up, in the urbanized area, you're talking thousands -- COMMISSIONER LoCASTRO: Big number. MR. BOSI: --thousands within a mile of some of these locations , especially within a coastal area. COMMISSIONER McDANIEL: I'm not suggesting -- Page 138 Page 497 of 5243 April 22, 2025 specifically for ag lands . MR. BOSI: Okay. COMMISSIONER McDANIEL: We did it for --we have already done it for Estates-zoned property. I'm trying to weigh the benefits to the notification to the neighborhood of a use change in relationship to the expense for the developer, because that --that notice process is an expense to the developer to let the world U<.now they're changing something from A to B . And I haven't --I haven't ascertained whether the pu lie benefit of the increased notice is worth it for us, but I'd li~ that to be explored, but minimumly on agriculturally zoned }fillds , that that be extended to a mile. We may give consideration to it on everyt • ng . It could be very voluminous, but I --here again, you weren't always negatively impacted --or you weren't always impacted by somebody that's on a pass to you with a use change un il you happen to go down that road. COMMISSIONER HAILb : I mean, I totally agree . I've got a seven-acre ag ask coming up in Pine Ridge Estates, and a thousand feet's going to reach one neighbor. COMMISS O B~ McDANIEL: Right. And so for ag specifically, I wan o go to the mile ring, similar to what we've done in the Estates. And then e can debate , talk, hear from the community as to whether the entire county needs to go to a mile ring or not. It's going to --it's --you know, at the end of the day, it's government of and by and£ 1" the people, and it's letting the folks know what's, in fact , happening in the area. CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: And I'm not in opposition to that, so ... Ther e is another LDC amendment coming forward. From my Page 139 Page 498 of 5243 April 22, 2025 understanding, the current Land Development Code allows for an unlimited amount of commercial vehicles to be utilized at a residence , if I'm not mistaken. MR. BOSI: The Code of Laws is where we have commercial vehicle restrictions , and it does not have a number. It only has conditions towards where --how commercial vehicles cou d be stored on residentially zoned properties, but it doesn't have a s~ecific number, and it does not apply to the Estates propertie . COMMISSIONER McDANIEL: So therefore, then, there is no limit on commercial vehicles in the Estates or on a residential piece of property. I would like to --I understand that that's up for review, and my suggestion is is that it be limited to one i9 t~ Estates as well as residential. MR. BOSI: In residential, you're allowed to do it, but it has to meet certain conditions. It has to be screened. It has to be an enclosure. If it's a truck for a temporary duration, it could only be for a short period of time. So you want this --the limitation of commercial vehicles to be one per lot? So that woukL,mean if you had a roofing company that -- you're in the urbanized area, you're in Pine Ridge subdivision and you had a roofing company, they could only have one commercial truck at that location. CO¥MISSfONER McDANIEL: Correct. MR. BOSI: So they couldn't bring --there couldn't be two t cks ~ere to do the roof install. COMMISSIONER McDANIEL: Well, if they're coming to a house t do a job --I'm talking about being utilized as -- MR. BOSI: You want an exception for active -- COMMISSIONER McDANIEL: Forgive me for my tone of voice, sir. You misinterpreted where I was going. What's happening --I'm not trying to limit 10 commercial Page 140 Page 499 of 5243 April 22, 2025 vehicles going to his neighbor's house to fix a roof, but because they're only --I'm pointing at you, Chris, because you're in Pine Ridge. Well, they can't do that in Grey Oaks . But I'm not talking the action of coming to a property and doing work. I'm talking about the utilization of a residential home for a commercial storage facility and/or to and from for operation of a business. MR. BOSI: Okay. So you want --and this is --when you construct regulations, as you know, you've got to make sure that all these exceptions that you're thinking have to be expressed to the people who are writing them so we can understa d w,h at the intent was. So this is --this is for , say, a take-home ve icle? COMMISSIONER McDANIEL: Cou ect. MR. BOSI: So this would excluae --you know, this would exclude home improvements or --this lirµitation wouldn't be imposed upon a parcel that was --had an active --an active building permit for an improvement. COMMISSIONERMcDANIEL: Absolutely not. This has to do with the utilization of a esidential property for a commercial operation to utilize to-and-from commercial vehicles for the business. MR. BOS : You keep --and I keep hearing the term "residential," but then I hear "Estates ." Because residential and Estates are-two separate properties. The Estates are an ag zoning district and is not considered by our commercial vehicles [sic] a res· dent· al district. o your request --and we have a restriction upon commercial prope ies within residential districts. It doesn't have a number, but it just talks about if you do have it, they have to be enclosed, have to be screened, those types of things . I think what you were describing is you want a specific program about commercial take-home vehicles within the Estates zoning district. Page 141 Page 500 of 5243 April 22, 2025 COMMISSIONER McDANIEL: And residential, yes , both. MR. BOSI: Oh. So you want to include all --you want to open up residential districts as well. COMMISSIONER McDANIEL: Absolutely. MR. BOSI: Okay. COMMISSIONER HALL: So if a guy has a handyman business with a handyman sign, is that excluded? COMMISSIONER McDANIEL: He can take his horn --he can take his truck home. COMMISSIONER LoCASTRO: One truok. COMMISSIONER McDANIEL: One tmc . COMMISSIONER KOWAL: What if is son works for Aztec Plumbing, and he brings his truck home? CHAIRMAN SAUNDERS: He better hide it. COMMISSIONER KOWAL: Oh. CHAIRMAN SAUNDERS: I tell ou what's generated this -- because there's a gentleman ip the a dience, I think, that you may have spoken with, and I lia e as well. There's a --like , a two-parcel area in Golden Gate Estates and a gentleman that has a tree --a landscaping business is renting that space to other landscapers to park their trucks ove)llig t. And so at 6 o'cloek in the morning, there's a half a dozen, or whatever, landscaping companies coming out and grabbing their trucks , an , of course, that's disruptive, and I think that's what you're trying to get at. You just -- coMMISSI ONER McDANIEL: It's not just landscaping. That -- CHAIRMAN SAUNDERS: No, no , no. I'm using that as an example. COMMISSIONER McDANIEL: Tim's neighbor's there. But, you know, in Golden Gate Estates, we have --we have a dump truck Page 142 Page 501 of 5243 April 22, 2025 driver that buys a house in Golden Gate Estates. He's allowed to have --he's allowed to bring his dump truck home, or an on-road truck. But then the next thing you know, there's two dump trucks , then there's four dump trucks --four dump trucks. Then there's two on-road trucks. Then there's a shop being built. Then there' maintenance being done . And then you have an industrial operation transpiring in a neighborhood that was never intended to be am industrial use . And it is everywhere, especially the further east you go. And so this --this may sound --this may sound --and we can sit here and pick this apart all we want. I'm looking to come up with some limitations to provide for the property owner to be able to utilize their commercial vehicles. And , Gomm · ssioner Kowal , you know, what are you going to do wit a son that works for a different company and --those are, in ~y m iv-8, special exceptions. What I'm looking to do is protect the neighborhoods that we, in fact, have that are residential. Even though Mr. Bosi sits there and argues with me that the Estates aren't residential. It's agricultural with an Estate overlay on top of it, which has a residential component. COMMISS O BR KOW AL: I like case by case. COMMISSIO ER McDANIEL: No? MR. BOSI: No . The Estates is a zoning district. It's not an ov erlay. It's a zoning district. It's a zoning district within the agricultu al zoning district. COMMISSIONER McDANIEL: Correct, but there are --it is a residential zoning. MR'.. BOSI: The primary purpose is for low-density single-family residential development with ag --with limited agricultural activities . COMMISSIONER McDANIEL: Okay. So the limitation is one truck. Page 143 Page 502 of 5243 April 22, 2025 COMMISSIONER KOWAL: But you're allowed to have a business on your property in the Estates as long as you don't service more than one person at a time on the property at any one given time , right? MR. BOSI: You're allowed to have a home occupation within any of our residential zoning districts . COMMISSIONER KOWAL: So if that's four roo fj ng tnicks and you have a warehouse in the back, I mean, that ca,n exist, right, the way it is now? MR. BOSI: The way that it's currently -- COMMISSIONER KOWAL: There's no customers that are coming to the property to purchase or exche,nge , but he keeps his roofing materials, his tools in his workshop, he as three , four trucks , and they go out to work every day from there. Is that allowed? I'm asking him if that's something that's a lowed now. COMMISSIONER Mc.DA IEL: Can I make a suggestion, Mr. Chair? CHAIRMAN SAUNDERS: Sure. COMMISSIONER McDANIEL: I would like to have --to give direction to staff to make the amendments as we are --not debate it today. This has to be --this has to come through -- CO MMI SIONER KOWAL: I wasn't debating . I was asking for more in o~tion, that's all . COMMISSIONER McDANIEL: I understand. But this is going to come back to us. And rather than us --I mean, you can certa • nlY) as all the questions that you want. I ditln't mean to take an enormous amount of time. I just --I would like to put the limitation of one commercial vehicle on the residence. And we can still debate that when it comes back to us . If you-all think it needs to be five, then -- CHAIRMAN SAUNDERS : So, Mr. Bosi and Commissioner Page 144 Page 503 of 5243 April 22, 2025 McDaniel, I think --correct me if I'm wrong, but I think this is what you're trying to accomplish, because I've had the same conversations. You have some homeowners or property owners --sometimes there's not even a house on the property, but you have some property owners that are parking their commercial vehicles in the Estates, and they're --they have multiple vehicles. It's not just their vehic e . It's other people's vehicles. And so there's got to be a way to controL hat. The one gentleman I spoke to talked about a half dozen or more landscape companies that are paying to park their vehicles on somebody's property and picking them up in the mp ming and bringing them back in the afternoon , and that's creati g tremendous havoc. Commissioner McDaniel's talking about a little --a broader situation than that, but that's the prob em we're trying to address; how to protect the communities from having commercial vehicles parked on their property. One vehicle is what Commiss ~oner McDaniel has recommended. Maybe it's two. But whate er, you can come back with some solutions to that problem. COMMISS O B~ HALL: You could include a gross weight limitation. hat only eliminates pickups, but it includes the dump trucks and the -- CHAI~AN SAUNDERS: So there's a way --there's got to be a way t least to address that. COMMISSIONER KOWAL: Trucks -- MR. BOSI: And just to provide for a little bit more complication, though, there's two different issues we're talking about. Your home occupation --your home occupations allowances within the Estates, the number of trucks associated with that, that's one thing. The amount --just an individual taking their landscaping or taking their plumbing truck home with them, that's a different issue. Page 145 Page 504 of 5243 April 22, 2025 That's not a home occupation. That's an individual who works for a plumbing company that takes their plumbing truck home with them. From what I'm understanding , we would like to limit that individual to one --to one commercial vehicle per Estates lot as an allowance with some other --some other conditions we talked about, screening of those vehicles from the right-of-way or from eighbors. Is that something that this Board of County Commissioners would be interested in as well, or do you just want us to come back and then you guys can sort through? CHAIRMAN SAUNDERS: Come back. I mean" as Commissioner McDaniel said, we're not trying to debate this. He just wants to get the ball rolling on trying to control that roblem. COMMISSIONER McDANIEL: Because, again, it's --it's prolific throughout Golden Gate Estates , and the problem with the buffering aspect, Mike, is what's satisfactory to us for buffering isn't satisfactory to you when the~e's a dump truck firing up at 3 o'clock in the morning and running for two ~ours before he hits the road and runs all day long. Those gu¥ c amk those motors early on, let them run for some time, and t at's not really a sufficient buffer. How do you mitigate those hings? So those are all things that we can have discussions about. MR. ~LLER: r. Chair, if I might, I think a couple of you referenced tli e gentleman in the audience. I know we don't normally take speakers here. He did submit a slip. Did you want to hear from him or are you good? CH IRMAN SAUNDERS: Well, did he want to speak on the -- MR. MILLER: He wanted to speak during commissioner comments, and I gleaned that this is the item. CHAIRMAN SAUNDERS: Well , we missed him. You've got to --come on up. Page 146 Page 505 of 5243 April 22, 2025 COMMISSIONER McDANIEL: He sat out there all afternoon. MR. MILLER: He indicated this item and not 15A, and I was -- CHAIRMAN SAUNDERS: Oh, okay. COMMISSIONER McDANIEL: I do have one more thing after we're done with Tim. MR. MALONEY: Good afternoon. Tim Maloney, fo t e record. John Q. Citizen for everybody else. We appreciate --we want to express our gratitud for potentially taking the steps forward by staff and commissioners to address this. And whether I'm in an ag district with "E" Estates zoning, or you can call me whatever you want, but I've lived in the Esta es for my entire adult life, and we have a --we have a big roblem. And these operations --they're trying to convert the Estates into more commercial activity. And mostly , you know, Mike pointed it out, when you read the purpose an ckin ent of the Estates, it never intended to be a lay-down area for commercial activity . It never --it never really mentions commercial parking for commercial vehicles. It's low-density resi<\ences. And, you know, that's where we live. So this is our --this i our --these are our homes. And I think if we go unchecked, we're going to lose the entire Estates. I mean, you're talking about 177 square miles of neighborhood here, and it's already out of hand. I think COVID, and I think the home occupation statute that' been a used and distorted has probably added to the problem. But if --we need to get a handle on this, and we really, really wou d agpreciate addressing this. I'm hoping --you know, obviously, we're hoping for one. You know, that would be --I guess from my standpoint, if it truly is unlimited, which I'm on the fence about that -- I mean, I'm not sure that's been proven to me , but if we go from unlimited to one, that's a bone . But if we're at one, we should stay at one, you know. And if we're at unlimited and we're not at one and Page 147 Page 506 of 5243 April 22, 2025 we go to two, well, you know, we could probably live with that. But our experience is, right now, five to seven rigs 5:30 in the morning. And I've shown the video to a couple of commissioners. And I just don't think it belongs here. I have a --we have a son who's got a future here, too. I may not have, you know , too many years left living in the Estates, who knows , but I mean, my son's 30 years old, and what's going to be left for these young guys that --you kt\ow, people that choose to live out here? So ... COMMISSIONER McDANIEL: That's the goal. Thank you for sharing. MR. MALONEY: Thank you for listening. CHAIRMAN SAUNDERS : Commissioner McDaniel, did you have -- COMMISSIONER McDANIEL: It's being abused. There's no argument that it's being abused. How we ultimately get there --you know, I'm the first one to argue fo r: ~operty rights for you to utilize your property as you see fit, but you also have the responsibility with those property rights to not egatively impact your neighbors, period. So last but not least --and this is for us to have a chat about. You don't know this is coming as of yet, and so I'd like to maybe engage with the Cou ty Manager, and that is our staff, at least my staff, my e ecutive coordinator's received an email from HR that seems to be a jnute cumbersome with regard to time calculations, so on and so f otth . And I would --I would like for this board to be able to necessarily --and I don't know how we're going to manage this. This just came to me , I think, yesterday, and so I --you know, not --our executive assistant coordinators don't work 9 to 5. They don't work 8 to 5 . They don't punch in. They don't punch out. They work all of the time. And I --and I fore see an opportunity for me to have to be signing off on a time sheet where I hav e no --I have no clue about Page 148 Page 507 of 5243 April 22, 2025 what it is that I'm actually theoretically ratifying. CHAIRMAN SAUNDERS: I gave my --I gave my assistant some very sage advice. COMMISSIONER McDANIEL: You did? Well , share it. CHAIRMAN SAUNDERS: And that advice was, "Just ignore it," which she is doing. COMMISSIONER McDANIEL: I was told that t ere was a system change over at HR. MS. PATTERSON: This has to do with the SAP upgrades, and this is something that we've been wrestling with as well. So that's -- COMMISSIONER McDANIEL: SAP stands for? MS. PATTERSON: That's our financial yste~. And time -- and so it's a timekeeping issue as well . So it's so ething we've been wrestling with because we have a lo of people that don't work a traditional work schedule. If you think about people that work shift, think about people that wor , like , EMS, 24 hours on and 48 off. So we can chat about it and see WRat olutions we can come up with. We knew that there was go· ng to be some bumps over some of this, and we've been --we'v been working through it as we go along. COMMISS O B~ McDANIEL: And I started doing a little bit of exploration, and tbat's quite sage advice, Commissioner Saunders, but I saw a pote tiality where a superior was maybe having to sign off on somethi~g that could put that superior and/or the employee in a liable position. We don't need to do that. MS. PAT--TERSON: No, sir. COMMISSIONER McDANIEL: That's all I have. CHAIRMAN SAUNDERS: Commissioner LoCastro. COMMISSIONER LoCASTRO: Oh, mine should be fast compared to that. First of all, I didn't hear any debating or arguing. It was good, healthy exchange is what I heard. Page 149 Page 508 of 5243 April 22, 2025 I'll just add one little thing, though, on the executive assistants . I just think everybody who works behind this wall is very unique. Like you said, Amy, there's other unique positions, but you can sort of count their hours, you know. The five of us and the five of them are salaried employees, and sometimes they're working all day Saturday and Sundays, and then other days , you know. So he I read it --I didn't tell her to ignore it, but I read it, and I said, " tlon't think that you should have gotten this because it doesn'M eem like it applies to you." But like you said, you'll work it out. Just a couple of quick comments. Just a healthy reminder that there were some DAS homework assignments that we talked about here , so I just want to make sure those don't get forgotten . I really also want to thank Commissioner.. owal for his sense of urgency pushing forward, you know, the e-bike ordinance, and then we'll all see in our inboxes, if you haven't seen already, Mr. Klatzkow's office has already"Quick tyrned it with the changes. The only thing that I would say is let's really now get that ordinance out there. None of us are e-bike experts. And I actually talked to somebody on arco who's probably one of my biggest e-bike riders. And I ow hat when I show him that ordinance -- and it's a very urofessiona person that --I know I'm going to get some feedback here he's going to say, "You might have a couple of holes here:" So just --we've got to just be open to that. I know none of us are going to shoot it out and go, "Here's the law. This is it." You know i's --it might be Draft No. 5, and Draft 6 could be coming. So we all just, obviously, need to be open to that. And then I'm going to --Dan, I'm going to send it to the City of Marco. I don't know if you need to send it to the City of Naples, but the last time I compared --okay --notes with the City of Marco, they said, we're not waiting on the county. We're going to do our own thing. And then we, obviously, have something out now. Page 150 Page 509 of 5243 April 22, 2025 So hopefully they can --they can do their own thing, but I'd like to see some cohesion, so I'll be very impressed if they say, "Wow, we like that as a start, and, you know, we have something that's very similar." And then lastly I always like to use this time to , you know, thank people where thanks are due . And Jamie French and-Jaime Cook --and they also represent a whole bunch of people w}.l.ose names I don't have written down here, but there's just been heroic efforts at Caxambas and at the 9 51 boat ramp, heroic efforts working with the City of Marco and catching a few stones and some spears but doing it so professionally and marching fo ard. So I just wanted to go on record. They already lrn ow tha I can't thank them enough. You know, last night the two J a ies were at the Marco City Council meeting, and I think just by your l?resence, it --it made it a valuable minimal discussion beca se it shows that we're not just operating on autopilot and oing our own thing, and we're trying to be as cooperative as possi61e. And, you know, I've had to work with the two of you. And then, like I said, I kno you rely on some other teams. But thank you so much for al the work that you've done behind the scenes and how responsive ou' e been to me so I could be responsive to my constituents when it came to Caxambas, 951, and a few other things. A~d lastl)'.; I'll just say to Mr. French --and I think we've all been atte~ing the FC Naples soccer games. Game one was a little bit of a fiasco as we were sort of learning a few things, but you know, now it is such a polished event, people getting in and out. And, Jamie , I know that, you know, you went over there as sort of our field general and sort of directed the traffic with the staff there and really took charge, and you can --you can tell not only aesthetically, but logistically how different it is now and how much Page 151 Page 510 of 5243 April 22, 2025 of a big impact you made. And people just sing your praises over there from the staff, from the FC Naples staff to Adrian's staff as well , that --how valuable your leadership was over there. So thank you. It's noticed and appreciated. CHAIRMAN SAUNDERS: Okay. I think I'm going to tag onto that discussion for just a moment. I was at the soccer match, the FC soccer match this past Saturday, and I've been to two other ones . And it was good seeing other county folks there , othe commissioners there. I think it's important --if a commissioner hasn't been to one of those games, I think it's important to go to one. There's going to be another one, I think, on Satur ay night. And it's --it's really a nice experience . You see 3-or 4 ,000 people having a really good time. All the kids are having a great time. It is really a nice operation out there , and that is to be credited to our staff because, as you said, Commissioner Locastro, the first night was maybe a little rough. Lessons lea111ed. B t leading up to that first night, there were some probleffi$ at the park in terms of the just needing cleanup, needing new vegetation, new painting, things like that. So the parbis in i top shape . It's absolutely beautiful. So if you get a ch,ance , if you haven't been out there for a soccer match , try to get out there on Saturday and just witness that. In add .tio , there's another company that's having a huge soccer tournament in Collier County. I think they're using all of Collier Countyts soccer fields for this. Literally thousands of people are going to be involved in that, plus all the facilities at Paradise. So Hunden Partners --this board directed staff to have Hunden Partners freshen up their pro f orma, their proposal that went back when we first started developing this park. They've issued their preliminary findings , presentation. That's available. I assume the Manager has that if anybody wants to take a look at it. Page 152 Page 511 of 5243 April 22, 2025 This first report deals with facilities, and they're going to come out in the next week or two with some information about what --if the park is continued to be developed, what the financial situation would be in terms of the different types of tournaments. I've been meeting with all of the stakeholders. I say "all of the stakeholders ," but I'm sure I've missed a few. But I've beeq. having a fairly large group meeting with me to go over issues dealing with how to improve operations, how to make things a little..smoother. I think that the --we've gotten a lot of good infunnation. And I'm going to be coming back to the Board starting in May, but the first couple meetings --the first meeting and second meeting of May with some information about the facility and the reports . And it would be nice if you're able to --if you haven't been to a soccer match, it would be nice if you could see one or just make sure to be out ther e this Saturday duri g t e day when there ar e literally thousands of people out there eQjoying tlgt. So I don't have anything else. COMMISSIONER HALL: I've got one last thing . CHAIRMAN SAUNDERS : Commissioner Hall . COMMISS O B~ HA L : Our next meeting, I'm going to get to fly to San Antonio and receive an award on behalf of Collier County from l yler --from the ResourceX people, so I will not be at this meetip g. We're not going to handle any big land issues, so ... C i\'11~.MAN SAUNDERS : I don't know what the agenda's going to lookiike, but the Manager's very accommodating if we're not going to be able to make meetings. MS. PATTERSON: Yep. So we'll leave it to the applicant. But we had scheduled for that meeting NC Squared [sic]. So we'll reach out to them and see if they want to push that land use to the second meeting in May. CHAIRMAN SAUNDERS: Is there a --you're going to be out Page 153 Page 512 of 5243 April 22, 2025 in San Antonio. That's three hours, or is it two hours' time difference? I think it's two hours. COMMISSIONER HALL: It's just an hour difference . CHAIRMAN SAUNDERS : An hour. Ifwe set that for a time-certain, would you want to --I don't care if FC --if NC aples [sic] gets continued. It's just -- COMMISSIONER HALL: Ifwe set it for time-ce ain --I'm traveling back that day, so I don't know if I'm going to be on the airplane or not. CHAIRMAN SAUNDERS: Yeah, okay. COMMISSIONER McDANIEL: My oncy thpught --I mean, it was Commissioner Hall that had the is ues with NC quared [sic] and-- CHAIRMAN SAUNDERS: That's true. COMMISSIONER McDANIEL: --I certainly --even though -- COMMISSIONER HAL : I'd rather be here . CHAIRMAN SAUNDERS : And the folks at NC Square kno,v how to count to four. MS . PATTERSON· They do. CHAIRM~ S~UNDERS: So they're going to want Commissioner Hal to be here. I doubt that they're going to object to a continuance. MS. P TT.ERSON: I would imagine that they'll be amenable . (§imultaneous crosstalk.) CHAIRMAN SAUNDERS: Well, that's true. That's true. If there's nothing else, we are adjourned. ***** ****Commissioner Hall moved, seconded by Commissioner Kowal , and carried that the following items under the consent and summary Page 154 Page 513 of 5243 April 22, 2025 agendas be approved and/ or adopted**** Item #16Al AN AGREEMENT FOR THE SALE OF CULINARY KITCHEN EQUIPMENT WITH CORE HEALTH PARTNERS INCORPORATED RELATED TO INVITATION TO EGO~I TE (ITN) NO. 24-8291 AND AUTHORIZE THE NECESSA Y BUDGET AMENDMENT (COMPANION TO ITEM #16Gl)- TERMINATING THE COUNTY'S MANAGEME T OF THE ACCLERATOR AND EXECUTE THE AGREEMENT FOR THE SALE OF THE CULINARY KITCHEN EO~IPMENT Item #16A2 RELEASE OF TWO CODE ENFORC_E ENT LIENS WITH AN ACCRUED VALUE OF $286,200 FOR A REDUCED PAYMENT OF $43,960.20, IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF e OUNTY COMMISSIONERS VS. NICHOLAS BALLO IN SPECIAL MAGISTRATE CASE NOS . CEPM20190011873 AND CEV20220000047, RELATING TO PROPERT LOCATED AT 807 108TH AVE . N., COLLIER COUNT~ FLORIDA -FOR A POOL BARRIER VIOLATION THAT WAS BROUGHT INTO COMPLIANCE BY THE OWNER 0 OVEMBER 6 2024 Item #16A3 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $25,000, WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER Page 155 Page 514 of 5243 April 22, 2025 PL20230005149, FOR WORK ASSOCIATED WITH MOORINGS PARK AT GRANDE LAKE PHASE TWO -LAKE #7 MODIFICATIONS -THE COUNTY HAS RECEIVED THE AS- BUILT LAKE CROSS-SECTIONS AND THE LAKE INSPECTED ON FEBRUARY BY STAFF Item #16A4 THE CLERK OF COURTS TO RELEASE A PERitORMANCE BOND IN THE AMOUNT OF $36,040, WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NTIMBER PL20230004543 AND PL 2024000586~, PO ORK ASSOCIATED WITH SKYSAIL PHAS 4 ~OWNHOMES -THE COUNTY HAS RECEIVED THE AS-BUILT LAKE CROSS- SECTIONS AND THE LAKE INSPEGl,ED ON FEBRUARY BY STAFF Item #16A5 FINAL ACCEPTA CE OF THE POTABLE WATER AND SEWER UTIL TY ACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR'"MAJESTIC PLACE , PL20240011370 -FINAL INSPECTION WAS CONDUCTED BY STAFF AND FOUD T E{E SE F CILITIES SATISFACTORY AND ACCEPTABE ON JANUARY 22 2025 Item #16A6 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE Page 156 Page 515 of 5243 April 22, 2025 CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES AND APPURTENANT UTILITY EASEMENT FOR TERRENO ATV ALENCIA GOLF AND COUNTRY CLUB -MASTER AMENITY CENTER, PL20240011282 -FINAL INSPECTION WAS CONDUCTED BY STAFF AND FOUD THESE FACILITIES SATISFACTORY A D ACCEPTABE ON JANUARY 3, 2025 Item #16A7 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR R MMOC PARK PHASE 2B , PL20240013585 -FINAL INSPECTIO WAS CONDUCTED BY STAFF AND FOUD THESE FACILIT~S SATISFACTORY AND ACCEPTABLE ON FEBRUARY 24, 2025 Item #16A8 RESOLUTION 2025-79: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS , AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF MONTIANO, APPLICA; 0 NUMBER PL20140002750 , AND AUTHORIZE THE RE~E SE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $168 017.50 Item #16A9 RESOLUTION 2025-80: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS , AND ACCEPTANCE OF THE Page 157 Page 516 of 5243 April 22, 2025 PLAT DEDICATIONS, FOR THE FINAL PLAT OF ISLES OF COLLIER PRESERVE PHASE 10, APPLICATION NUMBER PL20160001842, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $5 49,724.13 Item #16A10 RECORDING THE MINOR PLAT OF DEL WEBB N P S PARCELS 304-306 PARCELS 305-306 REPLAT, A P CATION NUMBER PL20240013991 -LOCATED IN SEC ~O 17 , TOWNSHIP 48 SOUTH, RANGE 29 EAST Item #16Al 1 WAIVE THE NIGHTTIME HEARING RpQUIREMENT AND HEAR A LAND DEVELOPMENT: CODE AMENDMENT RELATED TO HOUSING TID T rs AFFORDABLE, AT TWO REGULARLY SCHEDULED DAYTIME BOARD OF COUNTY COMMISSIONERS ' MEETINGS AND APPROVE A REQUEST TO ADVERTISE THEi~ND DEVELOPMENT CODE AMENDMEN -TO INCREASE THE AFFORDABLE HOUSING DENSITY BONUS PROGRAM Item # ~1 WAIVE T E NIGHTTIME HEARING REQUIREMENT AND HEAR A LAND DEVELOPMENT CODE AMENDMENT RELATED TO THE IMMOKALEE URBAN AREA OVERLAY DISTRICT AT TWO REGULARLY SCHEDULED DAYTIME BOARD OF COUNTY COMMISSIONER'S MEETINGS AND APPROVE A REQUEST TO ADVERTISE THE LAND Page 158 Page 517 of 5243 April 22, 2025 DEVELOPMENT CODE AMENDMENT -FOR THE IMMOKALEE URBAN ATEA OVERLAY DISTRICT Item #16A13 THE COUNTY MANAGER, OR THEIR DESIGNEE, TO SUB¥IT AN APPLICATION TO THE FLORIDA FISH AND WI Dlt FE CONSERVATION COMMISSION'S INVASIVE PLANT MANAGEMENT SECTION TO BE ELIGIBLE TO RECEIVE FUNDING ASSISTANCE SERVICES WORT $300,000 IN FY 2026 THROUGH THE UPLAND INVASIVE EXOTIC PLANT MANAGEMENTPROGRAMFORTflEREMOVALOF INVASIVE EXOTIC VEGETATION wrrH CONSERVATION COLLIER'S DR. ROBERT H . GORE III, NORTH BELLE MEADE , MCIL VANE MARSH, AND SHEbL ISLAND PRESERVES, AND TO AUTHORIZE STAFF TO ACCE Jl SUCH FUNDING ASSISTANCE SERVICES If AWARDED -THROUGH AN APPROVED CONTRACTOR UNDER AN EXISTING STATE CONTRACT Item # 16A 14 -Moved to Item # 11 C (Per Agenda Change Sheet) Item #16A15 -Moved to Item #1 lD (Per Agenda Change Sheet) Item #16A"1 6 AN AGREEMENT FOR SALE AND PURCHASE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM WITH HENDRIX HOUSE, INC., AND RESTORATION CHURCH, INC . ("HENDRIX HOUSE"), FOR A 17.66-ACRE PROPERTY AT A COST OF $502,500, FOR A TOTAL COST NOT TO EXCEED Page 159 Page 518 of 5243 April 22, 2025 $507,870, INCLUSIVE OF CLOSING COSTS -FOR THE FOLLOWING FOLIOS #41711000002, #41770040003, #41770080005 & #41770120004 ltem#16A17 ~ FIRST AMENDMENT TO AGREEMENT FOR SALE A D PURCHASE FOR THE CYPRESS COVE LANDKEEPERS, C ., F/K/A CYPRESS COVE CONSERVANCY, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION (CYPRESS COVE), TO EXTEND THE DUE DILIGENCE PERIOD ~O AUGUST 12, 2025 , AND THE CLOSING DATE DEADLINE TO OCTOBER 11, 2025 , OR WITHIN THIRTY DAYS OF THE PU C~SER'S RECEIPT OF ALL CLOSING DOCUMENTS,"'W HICHEVER IS LATER, TO PROVIDE ADDITIONAL TIME FO J HE COUNTY TO COMPLETE THE ENVIRONMENTA INVESTIGATIONS OF THE PROPERTY -FOR FOLIO #41501440005 Item #16A18 -Withdrawn by taff (Per Agenda Change Sheet) RECOMME DATION TO APPROVE A SECOND AMENDMENT TO AGREEMENT NO. 22-7966, "BASEBALL AND SOFTBALL OFFICIALS," WITH THE COLLIER RECREATION BASEBALL/SOFTBALL UMPIRE ASSOCIATION, INC., FOR A ONE-YEAR RENEW AL AND A PRICE INCREASE FOR THE REMAINING RENEW AL TERMS -FOR ELEVEN PARKS AS LISTED IN THE EXECUTIVE SUMMARY BACKUP Item #16A19 RESOLUTION 2025-81: A RESOLUTION RELATING TO THE Page 160 Page 519 of 5243 April 22, 2025 STEWARDSHIP SENDING AREA 14-RESTORATION CREDITS (CLH SSA 14) IN THE RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT (RLSA) AND TO AWARD RESTORATION II CREDITS TO COLLIER LAND HOLDINGS, LTD, IN ACCORDANCE WITH THE APPROVED RESTORATION PLAN Item #16A20 FORMALLYWAIVECONTRACTUALPAYME T OBLIGATIONS FOR REVENUE GENERATING AGREEMENT #22-8023 , WITH PARKS AND RECREAT ON DIVISION CONCESSIONAIRE BLUWATER, LLC" FOR THE RETAIL SALES OF BAIT, DRINKS, FOOD, AND MINOR SUNDRIES AT CAXAMBAS PARK UNTIL THE ,ARK'S FUEL DELIVERY SYSTEM RENOVATIONS HA VE BEE N COMPLETED, AND RETAIL FUEL SALES CAN BE REINSTATED-ENSURING UNINTERRUPTED PUBLI ACCESS Item #16A21 BUDGET A¥ENDMENTS TOTALING $585,000 FROM THE PARK BO D FUND (3063) AND PARKS AD VAL CIP (3062) RESERV ES AND APPROPRIAT E THESE DOLLARS WITHIN PARK BOND F UND (3063), REGPK SUN-N -FUN PROJE CT (80421), AND PARKS AD VAL CAP (3062), REGPK POOL PUMP RPR PROJECT (#80384) TO MAKE FURTHER REPAIRS AND RENOVATIONS AT SUN-N-FUN LAGOON Item #16Bl Page 161 Page 520 of 5243 April 22, 2025 AWARD INVITATION TO BID NO. 24-8319, "COLLIER BLVD (CR-951) & CITY GATE BLVD NORTH INTERSECTION IMPROVEMENTS ," TO AJAX PA YING INDUSTRIES OF FLORIDA, LLC , IN THE AMOUNT OF $1,966,506.61, APPROVE A $167 ,153.06 OWNER'S ALLOWANCE, AND AUTHOruiE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMEN r (PROJECT #68056) Item #16B2 THE CHAIRMAN TO EXECUTE TWENTY (20) DEED CERTIFICATES FOR PURCHASED BU AL RIGHTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY AND AUTHORIZE THE COUNTY MA AGER OR DESIGNEE TO TAKE ALL ACTIONS NEC_E SSAR TO RECORD THE DEED CERTIFICATES WITH THE C ERK OF THE COURT 'S RECORDING DEPARTMENT Item #16B3 A REPORT ON THE STATUS OF GOLDEN GATE ESTATES LAND TRUS ~ ND AUTHORIZE THE COUNTY MANAGER OR DESIG EE TO BEGIN THE DISPOSITION PROCESS FOR THE REMAIN G PARCELS Item ~6B4 AN AGREEMENT FOR THE DONATION OF A DRAINAGE EASEMENT (PARCEL 119DE) REQUIRED FOR EVERGLADES CITY STORMW ATER DRAINAGE IMPROVEMENTS -FOR FOLIO #84090400047, PROJECT #77777 Page 162 Page 521 of 5243 April 22, 2025 Item #16B5 RATIFY THE ADMINISTRATIVELY APPROVED FIRST AMENDMENT TO AGREEMENT NO. 21-7902 WITH AIM ENGINEERING & SURVEYING, INC., ADDING $42,660.00 AND EXTENDING THE DAYS FOR TASKS 2, 5, 6, 7, 8, AND 9 FOR THE "GOODLETTE-FRANK STORMW ATER & DI C~ IMPROVEMENTS (SECTION B)" PROJECT (#60102) Item #16B6 THE TERMINATION OF TWO INAC\1 IVE AS MENTS -ONE BEING AN EXCLUSIVE WELL, WELL PtJMP, AND WATER PIPELINE EASEMENT AND THE OTHER BEING A UTILITY EASEMENT TO SUPPORT THE D~V,.ELOPMENT OF THE GATE, COLLIER COUNT 'S CONT~CTOR DEVELOPING AND OPERATING THE GOLDEN GATE GOLF COURSE, AND THE STATE VETERANS NURSING HOME Item #16B7 RESOLUTIO 2025-82: AMEND EXHIBIT "A" TO RESOLUT O NO. 2013-239, AS AMENDED, THE LIST OF SPEED LIMITS ON COUNTY MAINTAINED ROADS, TO REFCEOT SPEED LIMIT CHANGES AT VARIOUS LOCATIONS -CHANGING THE SPEED ON JOSEPH LANE FROM US41 TO ISLAMORADA LN FROM 30 TO 25 AND FOR ANDREA LANE FROM JOSEPH LANE TO THE END OF THE ROAD FROM 30 TO25 MPH Item #16B8 Page 163 Page 522 of 5243 April 22, 2025 CHANGE ORDER NO. 1 FOR AGREEMENT NO. 22-8053 , "PROFE SSIONAL DESIGN AND RELATED SERVICES FOR VANDERBILT BEACH ROAD EXTENSION PHASE II," WITH KIMLEY-HORN AND ASSOCIATES , INC., REALLOCATING FUNDS FROM TASKS 6 & 7 TO A NEW TASK 10 FOR RIGHT OF WAY ACQUISITION SUPPORT (PROJECT NUMBE #60249) -FROM 16TH ST. NE TO EVERGLADES BOULE~ ARD Item #16Cl CHANGE ORDER NO. 2, PROVIDING FOR TIME EXTENSION OF NINETY-SEVEN D ~S O AeiREEMENT NO . 23-8112, WITH ACCURATE DRILLING S '1'EMS, INC., FOR THE "WESTERN INTERCONNECT FOR_CEMAIN PHASE 7" PROJECT, AND AUTHORIZE THE GHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NO. 72009) Item #16C2 CHANGE ORDER NO. 1, ROVIDING FOR AN INCREASE IN THE CONT~CT rM OUNT OF $178 ,222.50, FROM $1 ,817 ,423.2-5 0 $1,995 ,645 .75 , A TIME EXTENSION OF 135 DAYS, THE REALLOCATION OF FUNDS WITHIN EXISTING TASKS DER AGREEMENT NO. 22-8042, "CEI SERVICES FOR <3 OLDEN GATE CITY TRANSMISSION WATER MAIN IMPROVp MENTS" WITH AIM ENGINEERING AND SURVEYING, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECTS #51029 AND #70253) Item #16C3 Page 164 Page 523 of 5243 April 22, 2025 FOURTH AMENDMENT TO AGREEMENT NO . 15-6365, "DISASTER DEBRIS MANAGEMENT REMOVAL AND DISPOSAL SERVICES," WITH ASHBRITT, INC., TO INCREASE THE FEE SCHEDULE RATES 2.7%, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AMENDMENT Item #16C4 SELECTION COMMITTEE 'S RANKING AND A7JTHORIZE STAFF TO BEGIN CONTRACT NEGOTIAT ONS WITH LJA ENGINEERING, INC., RELATED TO REQUESJ' FOR PROFESSIONAL SERVICES ("RPS") NO . 25 -833 ~ "DESIGN SERVICES FOR TAMIAMI WELLFIELD MP OVEMENTS - WELLS 41-49," SO STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOA1ill'S CONSIDERATION AT A FUTURE MEETIN~ Item #16C5 THE ADDITION OR SEVE FULL TIME EQUIVALENT ("FTE") POSITIONS IN THE PUBLIC UTILITIES DEPARTMENT, INCLUDING EVEN VEHICLES AND ASSOCIATED EQUIPME T BASED ON CUMULATIVE ASSET ACQUI IT ONS AS APPROVED IN THE CCWSD OPERATIONS RESOURCING STRATEGIC PLAN, AND AUTHORIZE THE ASSOClrATED BUDGET AMENDMENTS Item #16C6 CHANGE ORDER NO. 16 AND ITS ASSOCIATED WORK DIRECTIVES ALLOWING FOR PAYMENT OF UP TO Page 165 Page 524 of 5243 April 22, 2025 $797,161.24, AND ADDING 74 DAYS TO AGREEMENT NO. 18- 7474 WITH MITCHELL & STARK CONSTRUCTION CO., INC., PERTAINING TO THE "DESIGN-BUILD OF NORTHEAST SERVICE AREA INTERIM WASTEWATER TREATMENT PLANT, STORAGE TANKS AND ASSOCIATED PIPELINES ," AND APPROVE AN AFTER-THE-FACT FOR DEFICIENC ES FOUND WITH CHANGE ORDER NO. 16, AUTHORIZE 1fHE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER, AND APPROVE THE NECESSARY BUDGET AMENDMENT (PROJECT #70194) Item #16C7 AN INCREASE IN EXPENDITURpS FOR THE SINGLE SOURCE PURCHASE OF MIXERS, PUMPS AND RELATED EQUIPMENT, PRODUCTS, D SERYICES ," WITH XYLEM WATER SOLUTIONS USA, Q, IN AN AMOUNT NOT-TO- EXCEED $2,360,000 PER FISOAL YEAR (INCREASING THE EXPENDITURE BY U:e TO $860,000 PER FISCAL YEAR), AND APPROVE THE AT'PACMED SECOND AMENDMENT TO AGREEMENT NO. 24-029-NS Item #16C8 AN INC ASE IN EXPENDITURES FOR THE SINGLE SOURCE PURCHASE OF "PROMINENT EQUIPMENT, PARTS, AND SERVICES," FROM TRINOVA, INC., IN AN AMOUNT NOT-TO- EXCEED $185,000 PER FISCAL YEAR (INCREASING THE EXPENDITURE BY UP TO $85,000 PER FISCAL YEAR) AND APPROVE THE ATTACHED SECOND AMENDMENT TO AGREEMENT NO. 24-056-NS Page 166 Page 525 of 5243 April 22, 2025 Item #16Dl THIS ITEM CONTINUED FROM APRIL 8, 2025, BCC MEETING. AWARDING THE REQUEST FOR PROPOSAL NO. 24-8280, SERVICES FOR SENIORS, TO SOUTHERN HOME CARE SERVICES , INC ., D /B / A ALL WAYS CARING HOMEOAJ}E; PERSONAL RESPONSE CORPORATION; ELEVEN SH, C., DIBI A HEAL TH FORCE; HOME HEAL TH CARE RESO~RCES, CORP.; AND ALWAYS THERE HOME HEALTHCARE, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN E ATTACHED AGREEMENTS (HUMAN SER CES GRANT FUND 1837) Item #16D2 THE CHAIRMAN TO SIGN TJdIRTY (30) MORTGAGE SATISFACTIONS FOR THE'"STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $288,311 .92, AND TO THORIZE THE ASSOCIATED BUDGET AMENDMEN'L TO APPROPRIATE REPAYMENT AMOUNT,..T OTAh ING $113,207.95 (SHIP GRANT FUND 1053) Item #16D3 THE CHAIRMAN TO SIGN THREE (3) MORTGAGE SAT SFACTIONS FOR THE STATE HOUSING INITIATIVES PART ERSHIP LOAN PROGRAM IN THE AMOUNT OF $22 ,500.00 DUE TO THE DEATH OF THE BORROWER(S) (SHIP GRANT FUND 1053) (PROJECT #33863) Item #16D4 Page 167 Page 526 of 5243 April 22, 2025 T:HE CHAIRMAN TO SIGN THREE (3) RELEASES OF LIEN IN THE AMOUNT OF $18,072.14 FOR PROPERTIES THAT HAVE REMAINED AFFORDABLE FOR THE REQUIRED 15-YEAR PERIOD SET FORTH IN THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) IMPACT FEE PROGRAM DEFERRAL AGREEMENTS Item #16D5 THE CHAIRMAN TO SIGN ONE (1) RELEASE OF LIEN FOR AN AFFORDABLE HOUSING DENSITY BONUS FOR A UNIT THAT IS NO LONGER SUBJECT TO THE TERM'8 OF THE AGREEMENT -LOCATED AT 4430 BOTANICAL PLACE CIRCLE #204 Item #16D6 ACCEPT THE YEAR 3 ALLOC,ATION OF OPIOID SETTLEMENT FUNDS THE AMOUNT OF $1,942,240.64 ($399,277.79 CITY/COUNTY AND $1,542,962.85 REGIONAL ABATEMENT) A AUTHORIZE THE NECESSARY BUDGET AMENDMENT (OPIOID ABATEMENT GRANT FUND 1850 AND OPIOID CITY/COUNTY SUBDIVISION GRANT FUND 1852) Item ~6El AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS, DUTIES , BENEFITS, AND OBLIGATIONS TO TIGRIS AQUATIC SERVICES, LLC -STAFF WAS NOTIFIED OF THE ACQUISITION ON JANUARY 29, 2025, AND THAT TRGRIS Page 168 Page 527 of 5243 April 22, 2025 ASSUMED ALL RESPONSIBILITIES, OBLIGATIONS AND DUTIES UNDER THE DEANGELO'S AGREEMENT WITH THE COUNTY ltem#16E2 ~ MODIFICATIONS TO THE 2025 FISCAL YEAR PA & CLASSIFICATION PLAN, WHICH CONSISTS OF ONE RECLASSIFICATION AND REMOVAL OF ONE OBSOLETE CLASSIFICATION FROM JANUARY 1, 2025, 1:HROlJGH MARCH 31 2025 Item #16Fl SECOND AMENDMENT TO AGREEMENT NO . 20-7753, "DESIGN SERVICES FOR co LIEE. co'vNTY EMS STATIONS," WITH SCHENKE & SHULTZ, INC ., ADDING 180 DAYS TO THE PROJECT TIME, AND AUTHORIZE THE CHAIRMAN TO SIGN THE <A.TTACHED AMENDMENT (PROJECT #552J2) Item #16F2 THIRD AME DMENT TO THE COLLIER COUNTY EMERGENCY SERVICES DEPUTY MEDICAL DIRECTOR AGREEMENT TO NAME DOUGLAS S. LEE, M .D. THE INTERIM MEDICAL DIRECTOR, INCREASE HIS COMPENSATION TO THAT OF THE MEDICAL DIRECTOR, EXTEND THE AGREEMENT TERM, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AMENDMENT Page 169 Page 528 of 5243 April 22, 2025 Item #16F3 NOTIFICATION OF THE ISSUANCE OF A COLLIER COUNTY EMERGENCY PURCHASE ORDER ISSUED TO CINTAS CORPORATION AND AUTHORIZE PAYMENT FOR T HE REPAIRS SERVICES PROVIDED (PROJECT NO. 52163)-OR FIRE ALARM SYSTEMS REPLACEMENT Item #16F4 RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER NO. 1, ADDING 24 DAYS TO THE PROJECT TI E UNDER AGREEMENT NO. 24-8250, GOLDEN GATE GOLF COURSE OUTFALL SWALE, CONSTRUCT;rNG APPROXIMATELY 2 ,400 LINEAR FEET OF A 35-FOOT-W DE LINED SWALE AND A 300 LINEAR FOOT OUTFALL PIPE.AT THE GOLDEN GATE GOLF COURSE, AND AU1H()RJZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NO. 80412) Item #16F5 AN AFTER-T E-F ACT PAYMENT FOR PURCHASE ORDER NO. 4500?34864 IN THE AMOUNT OF $107,562.50 TO EARTH TECH ENTERPRISES, INC., UNDER CONTRACT #21-7885, "BEAC ~AINTENANCE AND RELATED SERVICES," FOR PELICAN BAY EMERGENCY BEACH DEBRIS CLEANUP FOLLOWING HURRICANES HELENE AND MILTON -UNDER PROJECT #50320 Item #16F6 Page 170 Page 529 of 5243 April 22, 2025 RESOLUTION 2025-83: 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 EXECUT VE SUMMARIES) Item #16Gl A COLLIER COUNTY AIRPORT AUT ORITY STANDARD FORM LEASE WITH CORE HEALTH ARTNERS INCORPORATED FOR THE IM~OKALEE AIRPORT CULINARY ACCELERATOR RELATED TO INVITATION TO NEGOTIATE (ITN) NO. 24-8291 (CO PANION TO ITEM #16Al) Item #16G2 CHANGE ORDER NO. 1, DEDUCTING $12,626.46 FROM AGREEMENT NO. 20-7806 (PURCHASE ORDER #4500230969) WITH BOWMAN G LF COAST, LLC., (PREVIOUSLY HOLE MONTES, <S .), FOR POST DESIGN ENGINEERING SERVICES ONT~ "BULK AIRCRAFT HANGAR AT MARCO ISLAND E ECUTIVE AIRPORT" AND AUTHORIZE THE CHAIRMAN TO SJGN THE ATTACHED CHANGE ORDER (PROJECT NO. 33822) Item #1611 APRIL 22, 2025, MISCELLANEOUS CORRESPONDENCE Page 171 Page 530 of 5243 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 22, 2025 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED : A. DISTRICTS: 1) Quarry Community Development District: 01/13/2025 Agency Memo, Signed Minutes , & Agency Mailing 2) Immokalee Fire Control District: 9/30/2024 FY 2024 Annual Audit Report Page 531 of 5243 April 22, 2025 Item #1611 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PA YEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS IN T ~ AMOUNT OF $60,944,333.49 WERE DRAWN FOR i:._HE PERIODS BETWEEN MARCH 27, 2025, AND APRIL 9, 2025 , PURSUANT TO FLORIDA STATUTE 136.06 Item #1612 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR IN OICf S PAY ABLE AND PURCHASING CARD TRANSACTIONS AS OF APRIL 16, 2025 Item #1613 AFTER-THE-FACT USE OF $1,000 FROM THE CONFISCATED TRUST FUNDS TO :s· PORT THE FLORIDA AGRICULTURAL CRIMES INT.ELL QENCE UNIT, INC. Item #16Kl RESOLTI~I ON 2025-84: APPOINTING TWO MEMBERS TO THE EMERGE CY MEDICAL AUTHORITY -APPOINTING DAVID LINDSTROM AND BARRY CONTEE BOTHFILLING VACANT TERMS EXPIRING ON DECEMBER 31, 2026 Item #16K2 Page 172 Page 532 of 5243 April 22, 2025 RESOLUTION 2025-85 AND RESOLUTION 2025-86: THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY FOR APPROVAL OF A RESOLUTION AUTHORIZING THE AUTHORITY TO ISSUE REVENUE BONDS FOR THE ACQUISITION, CONSTRUCTION, EQUIPPING, AND DEVELOPMENT OF A 230-UNIT MULTIFAMILY RESIDENTIAL HOUSING FACILITY KNOWN AS WA VE AT ROSE AND LOCAT ED AT THE NORTHEAS T CO BR OF ROSE A VENUE AND SCHOOL DRIVE IN IMMO~LEE, FLORIDA Item #16K3 RESOLUTION 2025-86: THE HOUSIN°'.f'INANCE AUTHORITY OF COLLIER COUNTY PO~ Af~ROV AL OF A RESOLUTION APPROVING A PLAN O PFJNA.'N C GdJNVOLVING THE ISSUANCE BY THE AUTRORhY OF SINGLE-FAMILY MORTGAGE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $50 MILLION OR, IN THE ALTERNATIVE, TO USE VOLUME CAP DLOCATION FOR MORTGAGE CREDIT CERTIFIC,ATE PROGRAMS OR FOR MULTIFAMILY HOUSING FOR PERS <91\f S OF LOW OR MODERATE INCOME Item #16J(4 AN AGREEMENT FOR THE PURCHASE OF RIGHT-OF-WAY (PARCEL 1274FEE) REQUIRED FOR THE VANDERBILT BEACH ROAD EXT -PHASE 2 PROJECT (PROJECT NO. 60249) ESTIMATED FISCAL IMPACT: $140 ,500 -FOR FOLIO'S #37392080002� Page 173 Page 533 of 5243 April 22, 2025 Item #16K5 A STIPULATED ORDER OF TAKING AND FINAL JUDGMENT IN THE AMOUNT OF $99,000 PLUS $11,886.90 IN STATUTORY ATTORNEY AND EXPERTS' FEES AND COSTS FOR TrIE TAKING OF PARCEL 1311FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K6 A STIPULATED ORDER OF TAKING AND F AL JUDGMENT IN THE AMOUNT OF $99,000 PLUS $11,79\.28 IN STATUTORY ATTORNEY AND EXPERTS' FEES ND COSTS FOR THE TAKING OF PARCEL 1307fEE REQUI.RED FOR THE VANDERBILT BEACH ROAD E~TENSION PROJECT NO. 60249 Item #16K7 A STIPULATED ORDE OF TAKING AND FINAL JUDGMENT IN THE AMOWT OF $103,000 PLUS $18,379 IN STATUTORY ATTORNE AND EXPERTS' FEES AND COSTS FOR THE TAKING OF PARCEL 1359FEE1 REQUIRED FOR THE V A'NDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K8 RESOLUTION 2025-87: A RESOLUTION TO DELEGATE AUTHORITY TO THE COUNTY PROJECT MANAGER, Page 174 Page 534 of 5243 April 22, 2025 ROBERT WHITE, P.E., AND COUNTY ENGINEER OF RECORD, RICHARD ARICO, P.E., FROM KIMLEY HORN, TO TESTIFY AT THE VANDERBILT BEACH ROAD EXTENSION ORDER OF TAKING HEARING AS TO THE PROJECT CONSTRUCTION PLANS AND BIND THE COUNTY TO THE PLANS (PROJECT NO. 60249) Item #16Ll THE COUNTY ATTORNEY TO ADVERTISE A ORDINANCE CREATING THE IMMOKALEE COMMUNITY REDEVELOPMENT ADVISORY BO~RD TO PLACE THE CRA-CREATED IMMOKALEE LOCA REDEVELOPMENT ADVISORY BOARD AND THE IMMO~LEE BEAUTIFICATION ADVISORY COMMITTEE AND REPEAL ORDINANCE NO. 22-52 Item #16L2 THE COLLIER COUN YJ COMMUNITY REDEVELOPMENT AGENCY (C ~) TO BID ON BEHALF OF THE COUNTY AT ONE CODE ENFORC?EMENT LIEN FORECLOSURE SALE SCHEDULED BY THE CLERK IN COLLIER COUNTY, FLORIDA V. KATRIX LLC, ET AL., CIRCUIT COURT CASE NO. 24-CA-2591, IN AN AMOUNT NOT TO EXCEED THE V Ah UE OF THE COUNTY'S IN-HOUSE APPRAISAL (APPROXIMATELY $65 ,000.00 FOR ONE PARCEL) AND AUTHORIZE NECESSARY BUDGET AMENDMENTS Item #17A Page 175 Page 535 of 5243 April 22, 2025 RESOLUTION 2025-88: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED TERAFINA PLANNED UNIT DEVELOPMENT, WHICH HAS FULLY COMPLETED ALLITSDEVELOPMENTPURSUANTTOITSDEVELO~ENT ORDER(S) AND HAS BEEN FOUND BY COLLIER COUNT TO HAVE ONLY ONE TRANSPORTATION COMMITME T REMAINING (PL20240012112) Item #17B ORDINANCE 2025-21: AN ORDINANCE ESTA LISHING THE HORSE TRIALS COMMUNITY DEVELORMENT DISTRICT ON 1,7 67 .35 ± ACRES LOCATED NO~T~ OF COUNTY ROAD 858 (OIL WELL ROAD), WEST OF Sl'ATE ROAD 29, AND EAST OF RANCH ONE ROAD IN SE ClJ O~S 7, 8 17, AND 18, TOWNSHIP 48 SOUTH,~ G 30 EAST, COLLIER COUNTY, FLORIDA [PL20250000514] Item #l 7C -Co~in ed to the May 13 , 2025 , BCC Meeting (Per Agenda Change Sheet) RECOMJ),1ENDATION TO ADOPT A RESOLUTION DESIGNA TING 3,912.41 ACRES IN THE RURAL LAND s i:pw ARDSHIP ZONING OVERLA y DISTRICT AS STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCP SSA 21 "; PURSUANT TO THE TERMS SET FORTH IN THE ESCROW AGREEMENT, STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCP SSA 21, AND STEWARDSHIP SENDING AREA EASEMENT AGREEMENT FOR BCP SSA 21 ; APPROVING A STEWARDSHIP SENDING AREA CREDIT Page 176 Page 536 of 5243 April 22, 2025 AGREEMENT FOR BCP SSA 21; APPROVING A STEWARDSHIP SENDING AREA EASEMENT AGREEMENT FOR BCP SSA 21; APPROVING AN ESCROW AGREEMENT FOR BCP SSA 21 ; AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERA TED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA. THE SUBJECT PROPERTY IS LOCATED IN PARTS 0 SECTIONS 4, 5, 11 AND 15, AND ALL OF SECTION 8, 9, 10, AND 12 , TOWNSHIP 48 SOUTH, RANGE 30 E ST_ [PL20240004 704] Page 177 Page 537 of 5243 April 22, 2025 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:36 p.m. ATTEST BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONT\ROL BURT SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK These mi , utes approved by the Board on ________ , as :gresented ______ or as corrected ____ _ TRAN CRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRIL. LEWIS , REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 178 Page 538 of 5243