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Agenda 10/14/2025 Item # 2D (BCC Minutes from September 9, 2025)September 9, 2025 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 9, 2025 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Burt L. Saunders Dan Kowal Chris Hall William L. McDaniel, Jr. Rick LoCastro (Excused) ALSO PRESENT: Amy Patterson, County Manager Ed Finn, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Derrick Johnssen, Finance Director, Clerk's Office Troy Miller, Communications & Customer Relations Page 157 of 6526 September 9, 2025 Page 2 MS. PATTERSON: Chair, you have a live mic. Item #1A INVOCATION: PASTOR JAMES BEARD - COVENANT CHURCH OF NAPLES, PLEDGE OF ALLEGIANCE: RICHARD ESQUERETE AND BRUCE GASTINEAU – COLLIER COUNTY EMS DIVISION - INVOCATION GIVEN CHAIRMAN SAUNDERS: Good morning. The Board of County Commissioners will please come to order. We're going start off, as always, with the invocation and the Pledge. For the invocation, we have James Baird with the Covenant Church Naples, and for the Pledge of Allegiance, following our invocation, we have two gentlemen from our EMS division, Richard Esquerete and Bruce Gastineau. They will do the Pledge. So after we do the invocation, please remain standing for the Pledge of Allegiance. PASTOR BAIRD: Let's bow our heads. Heavenly Father, we thank you so much for the enumerable gifts that you've given us, from our creation to the way that you govern and preserve us day to day and the great institutions you've given us, from the church and marriage to government itself. I pray that you would be with our leaders today as they have been elected to serve the public good, to do what is right for justice and for peace and for good order, that your glory would shine through in their decisions and through our community as well. We pray that the name of the Lord Jesus Christ would be held up as supreme, that those who know they've fallen away from your law would turn to him by faith to find salvation in him, and that it would be by the grace of the Lord Jesus Christ that we would follow Page 158 of 6526 September 9, 2025 Page 3 the two greatest commandments, to love the Lord our God with all of our heart, mind, soul, and strength, and also as is relevant to government as well, to love our neighbors as ourselves. We pray that the fruits of the Holy Spirit would grow in our county, that they would hang from the branches of our lives to bless all those around. Give us wisdom today, we ask, in the mighty name of Jesus and by the power of his spirit. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SAUNDERS: Ms. Patterson. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT, AND SUMMARY AGENDA AS AMENDED (EX-PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL - APPROVED AND OR ADOPTED AS PRESENTED MS. PATTERSON: Good morning, Commissioners. Agenda changes for September 9th, 2025. First we are continuing Items 9A and 9B to the September 23rd, 2025, BCC meeting. This is at the petitioner's request. So these are: Recommendation to approve an ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Map Series by changing the land-use designation from Urban, Urban Mixed-Use District, Urban Residential Subdistrict, to Urban, Urban Commercial District, Premier Vehicle self -- Premier Vehicle Storage Commercial Subdistrict to allow 60,000 square feet of gross floor Page 159 of 6526 September 9, 2025 Page 4 area of indoor air-conditioned warehousing and self-storage for vehicles, including automobiles, recreational vehicles, boats, and other vehicles; furthermore, directing transmittal of the adopted amendment to the Florida Department of Commerce. The subject property is situated on the southeast corner of the intersection of Santa Barbara Boulevard and Polly Avenue in Section 16, Township 50 South, Range 26 East, Collier County, Florida, and comprises 3.7 plus/minus acres. Its companion item is a recommendation to approve an ordinance rezoning property from Rural Agricultural zoning district to the Commercial Planned Unit (CPUD) zoning district for a project to be known as Premier Vehicle Storage CPUD, to allow development of 60,000 square feet of gross floor area of indoor air-conditioned warehousing and self-storage for vehicles, including automobiles, recreational vehicles, boats, and other vehicles. Next, continue Item 16B2 to the September 23rd, 2025, BCC meeting. This is a recommendation to approve a second amendment to Agreement No. 21-7896, emergency disaster related stabilization and recovery services for roadway signs, with Southern Signal and Lighting, Inc., exercising the second renewal term under the agreement through September 13th, 2026, and approving a 5 percent rate increase. This is being moved at staff's request. We do have an agenda note related to Item 9A, and that is that the recommendation for Item 9A should be -- should reference GMPA PL20240001079 instead of GMPA PL20230001079. That correction will be made when these items come back on September 23rd. We do have court reporter breaks scheduled for 10:30 and again at 2:50 if needed. And Commissioner LoCastro will not be participating by phone today. Page 160 of 6526 September 9, 2025 Page 5 CHAIRMAN SAUNDERS: Okay. And for the record, Commissioner LoCastro is in Tampa. There's a family illness there, and so his absence is obviously excused. MS. PATTERSON: Yes, sir. With that, County Attorney. MR. KLATZKOW: Nothing. Thank you. MS. PATTERSON: Commissioners. CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISSIONER KOWAL: I have no changes, and I have no ex partes. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Very same; no exchanges, no ex parte. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I have no changes, but I also -- on 17D, I just have a -- I meet with Barron Collier all the time, and 10 things you talked about. So I'm going to say I have ex parte on 17D. CHAIRMAN SAUNDERS: All right. I have no changes and no ex parte as well. So we'll need a motion to approve the agenda as amended. COMMISSIONER McDANIEL: So moved. COMMISSIONER HALL: So moved. CHAIRMAN SAUNDERS: We have a motion. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: Second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. Page 161 of 6526 September 9, 2025 Page 6 CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. We have agenda and minutes. MS. PATTERSON: None today. Page 162 of 6526 September 9, 2025 Page 7 CHAIRMAN SAUNDERS: Well, we don't have any minutes. MS. PATTERSON: No, we don't. So that moves us along to Item 4, proclamations. Item #4A PROCLAMATION DESIGNATING SEPTEMBER 2025 AS SIZZLE DINING MONTH IN COLLIER COUNTY. TO BE ACCEPTED BY GUY E. CLARK II, CO-FOUNDER - MOTION TO ADOPT BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 4A is a proclamation designating September 2025 as Sizzle Dining Month in Collier County, to be accepted by Guy E. Clark, II, co-founder. Congratulations. (Applause.) MR. CLARK: Just don't blame me for gaining any weight this month, please. Good morning, Commissioners. On behalf of Sizzle Dining, I would like to thank you for today's proclamation. It really means a lot to us. It's great to be part of the community like this. Special thank you as well to Commissioner Dan Kowal for presenting this and to Commissioner Rick LoCastro for ongoing guidance and support as well. Sizzle Dining, September 3rd to the 30th, with over 125 restaurants participating this year. The event encourages locals and visitors to dine out during the slowest month of the year, creating more than $3 million worth of local economic activity, servers make more tips, dishwashers get more hours, farmers sell more, even boutiques make more when everybody goes out and dresses up to go out to dine. Page 163 of 6526 September 9, 2025 Page 8 It also helps to drive in-state tourism, putting more heads in beds in all of Collier County. And with the economic impact that this has, that's always a great thing for us. But most importantly, each meal gives back. And last year the event raised over $60,000 for Blessing in a Backpack, which feeds food insecure local elementary schools in Lee and Collier County. So thank you again for this recognition in support of the event that strengthens both our economy and our community. CHAIRMAN SAUNDERS: Thank you, sir. MR. CLARK: Thank you. (Applause.) CHAIRMAN SAUNDERS: We were waiting for somebody to start clapping, and the County Manager is always very diligent and is a great leader, so she started us off with that, so thank you. MS. PATTERSON: You're welcome. Item #4B PROCLAMATION DESIGNATING SEPTEMBER 20 – 27, 2025, AS NATIONAL ESTUARIES WEEK. TO BE ACCEPTED BY TJ SNOPKOWSKI, EXECUTIVE DIRECTOR, FRIENDS OF ROOKERY BAY - MOTION TO ADOPT BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 4B is a proclamation designating September 20th through 27th, 2025, as National Estuaries Week, to be accepted by TJ Snopkowski, executive director Friends of Rookery Bay. Congratulations. (Applause.) MR. SNOPKOWSKI: I have board members and other staff as Page 164 of 6526 September 9, 2025 Page 9 well, so thank you. Thank you very much. (Applause.) MR. SNOPKOWSKI: Okay. I didn't have enough coffee this morning. First off, I want to thank all the County Commissioners as well as the staff that made this possible. Thank you for recognizing this week. The term "estuary" is not very commonplace. A lot of folks aren't familiar with what that means and, really, it's the brackish water. It's where fresh and saltwater mix. But what's most important about it is that 80 percent of green life begins its life there or comes back there to harvest. And so the idea is without estuaries, our oceans wouldn't exist. Our economies wouldn't exist. Our environments wouldn't exist. And so we're very appreciative to be able to take this time as one of 30 national estuarine research reserves across the country to recognize September 20th through 27th as National Estuaries Week. In that week, feel free to come out to our environmental learning at 300 Tower Road here in Naples for free. We're doing free admission for all the public. You can come in and interact with our educational exhibits, our touch tanks, aquariums, nature trails, all of that, and you get a small slice of what makes our estuary so special. People don't realize that Rookery Bay takes up 110,000 acres and 40 percent of Collier's coastline. We also border the Everglades. It's not hyperbole to say that we are the most important estuary in the United States, and for those reasons, advocacy, like the work that we do and our partners at FDEP, NOAA, Audubon, and all the other entities that we work with, along with members of the public and this Board of County Commissioners, it's integral to making sure that it's viable and sustainable for generations to come. Thank you all so much, and we hope to see you out at our Page 165 of 6526 September 9, 2025 Page 10 estuary. CHAIRMAN SAUNDERS: Thank you. (Applause.) MS. PATTERSON: Commissioners, if we could get a motion to accept the proclamations. COMMISSIONER McDANIEL: I'll make that motion. CHAIRMAN SAUNDERS: All right. COMMISSIONER HALL: Second. CHAIRMAN SAUNDERS: We have a motion and a second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MS. PATTERSON: Commissioners, if I could turn your attention to the back of the room for the Artist of the Month. The Artist of the Month is presented by the Naples/Marco Island/Everglades CVB. Arte Viva is a collaborative initiative that brings together the arts and culture organizations and hospitality partners of Florida's Paradise Coast to celebrate the artistic contributions to the rich cultural tapestry of the Hispanic community which constitutes nearly 30 percent of Collier County's population. Now in its fourth year, this year-long celebration kicks off during the first weekend of November with events and activities, including music concert, art exhibits, dramatic performances, food festivals, and more. For the most up-to-date information about the event schedule, please visit www.arteviva.com. With that, we are moving on to public comments, Troy. Page 166 of 6526 September 9, 2025 Page 11 MR. MILLER: We have two registered speakers for Item 7; first Susan Zehnder, and she will follow -- be followed on Zoom by Ewa Front. MS. ZEHNDER: Good morning, Commissioners. My name is Susan Zehnder, and I live in District 2. Thank you for your commitment to strengthen our animal welfare ordinances. At your August 26th meeting, I requested that more animal control officers be hired to enforce the updated ordinances. At the last meeting, I also learned something very concerning. Animal neglect complaints may not be filed anonymously. Eva Front gave an example. A woman filed an animal neglect complaint about her neighbor but later withdrew the complaint because she was afraid of retaliation. The animal control officer had to close the case because the complainant did not want to be identified. Ewa Front asked that residents be given a way to file complaints anonymously. She also reminded us that people who lack compassion for animals often lack compassion for human life. I looked into this issue and found that Florida state law, Chapter 39, Section 208, makes the same connection between animal neglect and child neglect that Ewa Front made in her statement. The legislature states that animal cruelty is a form of interpersonal violence that often co-occurs with child abuse and domestic violence. The law also states that early reporting of animal cruelty helps safeguard children. On the Collier County DAS website, there is a link to file an animal complaint. That link goes to a Code Enforcement form. At the bottom of the form it says that the complainant's full name, address, and phone number must be provided. The problem is that many people will not submit this form if they cannot remain anonymous. Page 167 of 6526 September 9, 2025 Page 12 On a Sheriff's Office website shown on the screen under Community Resources, residents are urged to call 911 for animal abuse in progress. If the animal is not in immediate danger, residents are asked to call the Sheriff's Office. Residents are informed that they may also report animal abuse anonymously by phone or email through the Sheriff's Office tips line or through Crime Stoppers. If it is acceptable to make an anonymous report about animal neglect by calling the Sheriff's Office tips line, it would be helpful to have this information on the DAS website. The Florida Legislature states early reporting of animal cruelty helps safeguard children, but maybe people will not report a neighbor if they cannot stay anonymous out of fear of retaliation. As a result, animal abuse is underreported. That puts animals at risk, and it puts children at risk, too. Please eliminate this confusion and let residents know they can report animal abuse anonymously. Protecting animals helps protect children, families, and the community as a whole. Thank you for your ongoing efforts to protect animal welfare in our county. MR. MILLER: Your next speaker joins us via Zoom, Ewa Front. Ms. Front, you're being prompted to unmute yourself. I see you've done that at this time. You have three minutes. MS. FRONT: Thank you. Good morning, Mr. Chair and members of the Board. My name is Ewa Front, and I am a resident of Collier County. Slide 1, please. As we begin these meetings with the prayer, I am reminded of a timeless lesson from the Gospel of Luke. Thank you, Commissioners, for keeping your doors open to us, your constituents. This commitment to accessibility is a true example of the gospel's Page 168 of 6526 September 9, 2025 Page 13 teaching that generosity is shown to those who cannot repay you. Your open-door policy is crucial for fostering public trust, and I am grateful for it. Slide two. I am seeking, however, clarification on the most effective way to engage with certain departments within our Collier County to ensure our inquiries are addressed. A clear and reliable process for citizen communication is vital for public trust. To help me, could you please clarify if there is a specific person or protocol we should follow to ensure our inquiries receive a timely response? Slide 3, please. I am also here today to bring forward to you recent DAS statistics. County data shows a dramatic increase in shelter intake with numbers jumping nearly 71 percent from 484 last year to 827 animals in June this year. Slide 4, please. The huge increase in intake is a step backwards for the animals and taxpayers. More incoming animals, more funding is needed. Are we yet implementing any preventative measures to stop the growing overpopulation and suffering in our county? Slide 5, please. The decrease in our trap, neuter, return program is also a serious setback and dropped by half compared to the previous year. To combat the current overpopulation, our target should be 200 a month low-cost or free sterilization surgeries for community cats, not the current 33. Ultimately, our goal should be a county government that is not only efficient with its finances but also compassionate with its policies and responsive to its people. I trust that you will make decisions that reflect these shared Page 169 of 6526 September 9, 2025 Page 14 values and serve the best interest of every resident, human and animal alike. Thank you. CHAIRMAN SAUNDERS: Thank you. No further speakers. Ms. Patterson, I think at our next meeting we're going to be dealing with the DAS -- all the ordinances. And Ms. Zehnder had an interesting comment concerning complaints, and if I understood it, you can make anonymous complaints to the Sheriff's Department if there's a criminal act that you're complaining of. And so clarifying that on our web page certainly would not be a negative at all. If you could, at our next meeting -- I know you've -- I believe you've -- the County has hired a veterinarian. So if you'll -- perhaps if you want to spend a minute just right now to update the Commission on where we are with that, because that's a major issue for dealing with the number of cats and dogs that we're picking up. MS. PATTERSON: Yes, sir. So there's a number of reasons that we're seeing some of the differences in these numbers which we have been sorting through use of the Chameleon system ensuring accuracy of the data. So looking back in prior years, we do tell a cautionary tale on what may have gone on with some of those numbers. Now we have folks that are trained and specialize in ensuring the accuracy of the data and, therefore, the accuracy of the reporting coming out. So I'd suggest that we start to look at this on a going-forward basis being able to measure the accuracy. The other thing is is the growing population. So we do see the animal population growing along with our human population, but our live release outcomes remain exceptional. We are returned to a no-kill status -- beyond that, well above, and we can touch on that at some point in the future. Page 170 of 6526 September 9, 2025 Page 15 So just to provide that assurance to the public that the animals' best interests are being considered every day at DAS. We have hired a veterinarian. She went through orientation yesterday. She's a veterinarian that we've been working with for a while through our contract services, but she is an amazing and dedicated professional with a real passion for shelter medicine, which is exactly what we were looking for. We also are very lucky that she is a high-volume spay/neuter vet. So she's very, very skilled and very fast. So it's going to help us with these outcomes that we're looking for as far as getting animals spayed and neutered and either placed on the adoption floor or returned back out in the case of community cats, and is going to give us, as we look to fill the second veterinarian position, the ability to work on more of these community veterinary services that we all want. We continue to serve our rescue partners when they bring in animals for spay and neutering for Love of Cats. SNIP does a lot of their own, but -- and even some of our smaller rescue groups do have the ability to use our veterinary services. So all of that being said, things are heading in a really good direction at DAS, and we're very optimistic with the passing of these ordinances at the next meeting that we'll have even more good things going on. CHAIRMAN SAUNDERS: And perhaps at the next meeting, you can give us a quick update on where we are with any agreements with the private sector in -- MS. PATTERSON: Yes, sir. CHAIRMAN SAUNDERS: -- dealing with some of the things that we're just not that good at. MS. PATTERSON: Yes, sir. We're continuing to look at the partnerships with some of our rescue partners that are out in the Page 171 of 6526 September 9, 2025 Page 16 community dealing with -- with our community cats and seeing how we can leverage those resources both for them and for us, so we're working through that. And the question did come up whether we have adequate budget at this time. Yes, to be able to start those partnerships, we have adequate budget for whatever we might need to kick those partnerships off. CHAIRMAN SAUNDERS: All right. Great. Thank you. And we'll move on. MS. PATTERSON: Yes, sir. That does bring us all the way to Item 9C, as Items 9A and 9B have been continued to the next meeting. Item #9C ORDINANCE 2025-36: ORDINANCE CODIFYING §559.955, FLORIDA STATUTES, INTO THE COLLIER COUNTY CODE OF ORDINANCES TO ALLOW CODE ENFORCEMENT OF HOME- BASED BUSINESSES CONSISTENT WITH THE TERMS OF THE STATUTE - MOTION TO APPROVE W/CHANGES BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED (COMMISSIONER KOWAL OPPOSED) MS. PATTERSON: Item 9C is a recommendation to enact an ordinance codifying Florida Statute 559.955 into Collier County Code of Ordinances to allow Code Enforcement of home-based businesses consistent with the terms of the statute. This item does come to the agenda after several meetings and Board direction. So with that, I'll turn it over either to the County Attorney or to Commissioner McDaniel. Page 172 of 6526 September 9, 2025 Page 17 CHAIRMAN SAUNDERS: All right. Commissioner McDaniel, why don't we start with you, and if we need to get to the County Attorney; your call on that. COMMISSIONER McDANIEL: Sure. Well -- and I wanted to ask how you-all felt. I mean, if I'm not mistaken, this requires four. MR. KLATZKOW: Three. COMMISSIONER McDANIEL: Three? The adoption of an ordinance, supermajority? MR. KLATZKOW: It's -- land-use ordinance is supermajority. CHAIRMAN SAUNDERS: Yeah, that's just zoning changes. COMMISSIONER McDANIEL: Simple majority? Okay. Well, the larger issue is Commissioner LoCastro's not here, and I feel -- I feel somewhat reluctant to bring this forward without his necessarily having input on it. I don't mind doing it if you want to. I'm going to ask you, Mr. Chair, how you feel, and -- CHAIRMAN SAUNDERS: Well, I would certainly say that there's no emergency. COMMISSIONER McDANIEL: Right. CHAIRMAN SAUNDERS: A two-week delay certainly isn't going to be a problem. I don't believe it will be a problem, unless someone else on the Board comments otherwise. COMMISSIONER McDANIEL: Discussion? COMMISSIONER HALL: I thought we were just modifying our ordinance -- COMMISSIONER McDANIEL: We are. COMMISSIONER HALL: -- to keep up with the state statute. COMMISSIONER McDANIEL: We are. COMMISSIONER HALL: And if we don't want to do that, then, yeah, we can postpone it. COMMISSIONER McDANIEL: Sir? I didn't hear what you said at the end. I was talking to Commissioner -- Page 173 of 6526 September 9, 2025 Page 18 CHAIRMAN SAUNDERS: No, I just said, again, it's up to the Commission as to whether you want to continue for two weeks. I don't see a problem with doing that. I have no issue going forward with it. I have been getting some communication concerning some of the parking issues. I don't know if you need more time to clarify any of that. It's really your call. COMMISSIONER McDANIEL: I'm willing to hear it. Let's -- I mean -- CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISSIONER KOWAL: I mean, my position is it's pretty clear-cut. I got -- I mean, I got the statute right in front of me. The very first line basically says mirror it or not, or you're in violation. So I don't know -- what discussion do we have. COMMISSIONER HALL: That makes it easy. COMMISSIONER McDANIEL: So let's go ahead. CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: I'll go ahead with it. And on that note, that's the -- that's the main premise of this is to, in fact, mirror our local ordinance with the preemptive statute that was put upon us. We all know that during the COVID time there was a large movement to incentivize home-based businesses, and this was a state stab at doing that, in fact, so -- and that was the main premise of this. Also, to offer our Code Enforcement a little bit more clarity. There's been quite a bit of subjectivity that's been brought into the enforcement, specifically by different code officers that are viewing home-based businesses and what can be done and what can't be done, and the statute had said some things, and our local ordinance said other things. So my hope with this is to add more clarity. We already have a home-based business ordinance, and this mirrors what was put upon us by the State. Page 174 of 6526 September 9, 2025 Page 19 CHAIRMAN SAUNDERS: Are there any questions or comments from the Commission? COMMISSIONER McDANIEL: I do have one addition -- CHAIRMAN SAUNDERS: Yes. COMMISSIONER McDANIEL: -- that I'd like to bring in, and that is the proposition of a grandfather clause. There are a lot of existing businesses that have been going on in residential properties for quite some time. And this is the language that the County Attorney and I came up with to allow for those who -- again, helping our staff with potential complaints and so on for someone that's already been here, been conducting business, doing what they have been doing. I have a lot of friends that have been operating from their home for an eternity. And this is my stab at covering some of those businesses that have already been here. CHAIRMAN SAUNDERS: All right. Should this language be modified just slightly to say "for a period of five years from the date of the adoption of this ordinance" so that there's clarification as to what date that five-year period would start? COMMISSIONER McDANIEL: That would add specificity. Yeah, I'd be fine with that. CHAIRMAN SAUNDERS: All right. Mr. Miller, do we have any registered speakers? MR. MILLER: We do, Mr. Chairman. We have three registered speakers for this item. Your first speaker is Jamie Merchant, and they will be followed by Danielle Hudson. MS. MERCHANT: I'm not ready. CHAIRMAN SAUNDERS: Good morning. MS. MERCHANT: Good morning, Commissioners. Representative Benarroch sends her apologies for not being here in person today. She's dealing with a family matter, as her mother is in the hospital. So she asked me to speak on her behalf, if that's okay Page 175 of 6526 September 9, 2025 Page 20 with all of you. CHAIRMAN SAUNDERS: Absolutely. MS. MERCHANT: We've received a little bit of correspondence. I think there is some confusion about the verbiage, but she -- she states the statute is passed to protect small family-run businesses while preserving reasonable standards for residential communities, not to give counties new tools to regulate hard-working tradesmen and contractors. Codifying it could also expose the county to costly litigation with taxpayers footing the bill if enforcement goes too far. She is respectfully requesting that you vote no on the ordinance to codify Florida's home-based businesses statute. As the law already applies statewide, duplicating it locally is unnecessary, creates confusing, and risks being used to impose restrictions beyond what the legislature intended. For those reasons, she respectfully asks you vote no and stand with the business owners who are the backbone of our community. And if you have any questions or would like to discuss further, we're across the hall. CHAIRMAN SAUNDERS: All right. We know where to -- we know where to find you. MS. MERCHANT: You know how to get in contact with me. Thank you. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Your next speaker is Danielle Hudson. She will be followed by Ashley Jenkins. MS. HUDSON: Good morning, Commissioners. My name is Danielle Hudson. I'm the vice president of public policy at the Naples Area Board of Realtors, and I am here to respectfully voice our opposition to the proposed home-based business ordinance. In July, the Commission decided not to move forward with an Page 176 of 6526 September 9, 2025 Page 21 Ordinance No. 10-26 regarding the parking, storage, and use of vehicles, particularly commercial vehicles in residential areas. While we recognize that the current proposal differs and is being described as a direct incorporation of provisions from Florida Statute 559.995 on home-based business regulations, we are concerned that codifying this ordinance, along with any additional restrictions on parking and storage within Collier County's Land Development Code, could have a chilling effect on small businesses similar to Ordinance No. 10-26. This is especially concerning businesses operating in the rural areas of the county. Many residents of the Rural Estates specifically chose to live there for the space and freedom to operate their small businesses from their homes and also because they did not want the restrictions of other PUDs and HOAs on what they -- and how they could use their property. For example, our business partners, we understand that this ordinance would not impact Realtors or individuals that are operating remote businesses out of their homes, but it does impact our business partners, for example, landscaping, pool cleaning, contracting, septic pumping, and rock hauling businesses. They all depend on work vehicles and utilize their property, especially in the Rural Estates, often ranging from 1.5 acres to more than five acres to store essential equipment. In the current reading of this ordinance, on 9C it states that no heavy equipment defined herein as commercial, industrial, or agricultural vehicles, equipment, or machinery, may be parked or stored such that such equipment is visible from the street or neighboring property. Commissioners, we have several well-meaning business owners in the Rural Estates that are currently already following this. We appreciate the exemption that has been put forward today, but we Page 177 of 6526 September 9, 2025 Page 22 question whether or not this will serve any purpose in the fact that our well-meaning business owners are, often cases, already parking their vehicles behind their homes out of the visibility of the street but not maybe out of visibility of their neighbor, which we think could cause some concerns for those business partners that are acting already in good faith. So for these small business owners, contractors, and tradespeople, such vehicles are not merely commercial. They are vital tools of their livelihood. Restricting where these vehicles can be parked unfairly penalizes hardworking families who are trying to provide for their household. We would also like to make mention -- and I had hoped that I'd have more commercial Realtors with us today -- that the options are already scarce and unaffordable within the county of where these individuals could operate and park their machinery. So at the risk of sounding crass, whereas we can point on a map where individuals who may no longer want to live near their neighbor could move to a new home, we have very little space where these commercial businesses could move to store their property. So we appreciate your consideration and urge you to vote no. MR. MILLER: Your final registered speaker on this item is Ashley Jenkins. MS. JENKINS: Good morning, County Commissioners. Good to see you bright and early this morning, after last night. In respect to Florida State Statute 559.955 for the home-based businesses of the local government restrictions, Section No. 1 was very clear, local governments may not enact or enforce any ordinance, regulation, or policy to take any action to license or otherwise regulate a home-based business in violation to this section. We all know that we would like to have our elected officials uphold their oaths to Florida State Statute 876.05, which is codified Page 178 of 6526 September 9, 2025 Page 23 that we are upholding the U.S. Constitution, the Florida Constitution. The Fourth Amendment gives protection to the privacy of homeowners, even though there is some discrepancy amongst that. More than 131 years ago, we had Boyd versus the United States, which is 1886, which considered the Fourth Amendment, how it applies to all invasions on the part of the government, including police officers and its employees of the sanctity of one man's home and the privacies of life. The essences and offense is the invasion of the indefeasible right of personal security, personal liberty, and private property. Being an entrepreneur is something that in America we uphold. That is a virtue that we have many individuals in our own county that, as Nicole just stated, are living in the Estates for the very purpose that we don't have many options within the city or other districts within our county for them to park their vehicles. And if you were to make an ordinance or a resolution, there's several ordinances or resolutions that we're already having a difficulty tasking, staffing, and enforcing within our own county, but that allows neighbors to weaponize something against one another to then come to you with nuisances and complaints to persecute someone for their basic right to park their own vehicle. And if we're going to make an outreach effort for, say, District 5 or District 1, where there are more people in the Estates that are parking their vehicles for their own commercial purposes, I think there are many other opportunities for us to do outreach to look at how we could address that conclusively or even do feasibility studies so we know what the actual impact was. When I looked at this ordinance that was proposed for this morning, it said, "No fiscal impact." That is silly. That's almost a violation of Florida State Statute 837.05 right there because that is a false statement, and we don't want to be making false statements as Page 179 of 6526 September 9, 2025 Page 24 representatives of the government. So I urge each of you four gentlemen to reconsider this ordinance for today, and as it was proposed by Commissioner McDaniels [sic], give it two more weeks so that Rick LoCastro may be here also as our commissioner from District 1 to weigh in, because this does impact a lot of his district. Thank you, gentlemen, for your time this morning. CHAIRMAN SAUNDERS: No further speakers. All right. We'll close the public hearing at this time. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I guess these are a couple questions for the attorney. You know, like I said, when I made my initial comment and everybody was looking at each other, the first line, you know, basically says, "Local government may not enact or enforce any ordinance." It's pretty clear, and it lists a bunch of different avenues of what the ordinance should not take place. My question is, I see the state statute -- a representative from the State. We already have a local ordinance in place for home-based businesses, right? It doesn't have the same language that the new statute has, correct? MR. KLATZKOW: Correct. COMMISSIONER KOWAL: So we're in violation just by having that on the books. MR. KLATZKOW: Correct. COMMISSIONER KOWAL: So if we didn't mirror this with an ordinance, then we have to remove that ordinance, and then who would enforce the rules in the statute? MR. KLATZKOW: The Code Enforcement. COMMISSIONER KOWAL: They would do it under a state statute violation? Page 180 of 6526 September 9, 2025 Page 25 MR. KLATZKOW: That's not -- if you amended this -- COMMISSIONER KOWAL: They can't, can they? MR. KLATZKOW: If you enact this as a county ordinance, they could enforce it. COMMISSIONER KOWAL: That's what I'm saying. So it -- I understand the state statute's language, but there is things that are in the language that somebody could violate even in the state statute. MR. KLATZKOW: Yes, but there's no enforcement. There's no meaningful enforcement mechanism. COMMISSIONER KOWAL: So they would just get away with violating the state statute. That's what I'm trying to get to the bottom of. MR. KLATZKOW: Yeah. I mean, the State does not have code inspectors running around. It would probably be up to the Sheriff to try to determine that, and I can't imagine he'd have much interest in this. COMMISSIONER KOWAL: I just -- you know, I don't know that -- I understand the slippery slope, but at the same time, there's no enforcement for something that the State put out unless the Sheriff's willing to come in two weeks and explain to us how he would enforce it. I don't know. You know, I think we're kind of caught between a rock and a hard place. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. It was my understanding that the state statute was less restrictive than our own. COMMISSIONER KOWAL: It is. COMMISSIONER HALL: And so I'm -- I am in no way interested in doing anything that's more restrictive to the landowner or more burdensome. So I was under the impression that by codifying our ordinance to Page 181 of 6526 September 9, 2025 Page 26 theirs that we were allowing them to do business better than what we -- what our own ordinance was, and that's what I -- any time that we can get out of the way as a government, I'm willing to do that. There are people that are going to abuse -- abuse their privileges and -- but the way that I look at it is that -- it will be the exception and not the rule. We can deal with those people who abuse it on a one-on-one basis, or the Sheriff can. But to be more restrictive on the public as a whole, I'm probably not going to be interested in doing that. CHAIRMAN SAUNDERS: All right. Mr. McDaniel -- Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, thank you, Mr. Chair. I -- you know, I want to say a couple things. I've always been in support of small business. I always will be in support of small business. I've owned many small businesses. I feel similarly to what my colleagues feel, and that is we're obligated to mirror our own local ordinance with the state statute. I think it's probably as important with the -- as you read -- as you read in the executive summary, there are LDC amendments that are coming, and those are where we need to be careful that we're not putting more restrictions on than what we, in fact, already have. Certainly, the goal here is to not put anybody out of business. I feel -- I feel -- I feel sorry about the scarcity of the availability of places for people to operate their business, but on the same token, I feel an obligation to protect the homeowner that -- that has right to quiet enjoyment of their four corners of their property. And in many cases, in District 5, that's being abused by folks. They're coming here from other places. They think they live in the woods. They do live in the woods. They think they can do whatever they want when they live in the woods when, in fact, there are rules in place. Page 182 of 6526 September 9, 2025 Page 27 You heard my sermon before with regard to the enhanced enforcement that we have going on. We're accelerating the multi-offenders. People that are doing things that have multiple complaints, we're accelerating their turn to get them to the magistrate in 10 days as opposed to giving you a -- giving them a notice and letting them sit for 30 days and claim hardship and giving them another 30 days, and then they're still abusing the circumstances that are, in fact, going on. We're going to do education. We're going to -- when people apply for a business tax certificate, we're going to give a list of the allowable uses that you can, in fact, do in your -- in your single-family home and the rules that are associated with that. So this, I believe, is something -- this is the beginning of a process. Probably the more nuts and bolts of the process is going to be the actual LDC amendments. I shot down that parking restriction that came before us a while ago just because it was -- I couldn't see how we could get past the enforceability of it. I know myself, from a personal standpoint, I'm a live and let liver. I want folks to be able to do with their property as they see fit. And if I don't like what you're doing on your property when I'm driving by, I just don't look. But on the same token, enumerable complaints and issues are arising in the Estates, especially with -- with folks that are relatively new to the community and moving into that area and then abusing the private property rights, the quiet enjoyment of the residents that are, in fact, already there. So... CHAIRMAN SAUNDERS: I think in terms of -- a couple questions and perhaps a couple comments. In terms of the five-year period, where did that number come from? That may be perfectly reasonable. COMMISSIONER McDANIEL: (Indicating). CHAIRMAN SAUNDERS: I mean, I don't know if three years Page 183 of 6526 September 9, 2025 Page 28 is better or not. I'm okay with five years if that's -- I don't know if you've gotten any comments from folks. COMMISSIONER McDANIEL: I don't have a particular sense one way or the other. I mean, I'm fine, depending -- I mean, it would -- again, literally, I picked a number of five just because those are the folks that I personally know that have been there for 25 doing what they're doing. CHAIRMAN SAUNDERS: Yeah. COMMISSIONER McDANIEL: So I'm -- I'm looking -- my fear is is if we shorten it down to three, there's been -- you know, the advent of this is coming because of a lot of things, but, you know, the -- we as a community have been a reactive code enforcement. We don't -- and really only issue our code enforcement officers when there's a complaint. And I can remember early on in my tenure when I'd file a complaint for an illegal camper rental or something out in the Estates, our Code Enforcement would drive by 10 to get to that one particular complaint and not self-report. That has stopped as well. We're actually taking on those things on a self-reporting basis. So I don't have a -- I don't have a stick anywhere. If you think three's fine, if you think -- I picked five. CHAIRMAN SAUNDERS: All right. I don't have any issue with it. I just was kind of curious where it came from. The other -- one of the other speakers talked about the view of the visibility of the vehicle from the neighboring property. I'm wondering -- again, just a question -- whether that should be changed to the neighboring property owners' residence so that -- you know, you've got a 5-acre parcel and your neighbor's got a 5-acre parcel and if you go to the property line, you can see the truck, but if you're in the house, you can't. I don't know if that is something to consider. COMMISSIONER McDANIEL: Well, I guess my question is, Page 184 of 6526 September 9, 2025 Page 29 I'd like to refer to the actual statute. There was some discussion with regard to the statute about the allowability of employees to come and that you couldn't exceed parking allowances and excess traffic and so on. I think we'll probably deal with that circumstance with regard to the visibility of a commercial vehicle when we actually do the LDC amendments. CHAIRMAN SAUNDERS: Well, if it's in the ordinance, that's what would be the governing -- COMMISSIONER McDANIEL: Okay. CHAIRMAN SAUNDERS: -- rule. Is that -- COMMISSIONER McDANIEL: I need to -- I need to refer to that. Which section? CHAIRMAN SAUNDERS: They'd have to be consistent. You'd want the -- COMMISSIONER McDANIEL: I think it is consistent, is it not, consistent with the statute? CHAIRMAN SAUNDERS: No. The LDC. If there's some language in the LDC concerning this. Then we have an ordinance. MR. KLATZKOW: The language in the LDC will be absolutely consistent with this. CHAIRMAN SAUNDERS: Okay. COMMISSIONER McDANIEL: Say that again. MR. KLATZKOW: The language in the LDC will be absolutely consistent with this. CHAIRMAN SAUNDERS: So we -- whatever we say in this ordinance, that's what -- that's what the rule will be. So if it's five years, that's fine. If it's neighboring property -- but, again, I raise the question of whether it should -- if that should be narrowed a little bit as opposed to -- as opposed to just neighboring property. Visible from the residence -- Page 185 of 6526 September 9, 2025 Page 30 COMMISSIONER McDANIEL: Which section are you? COMMISSIONER KOWAL: B. CHAIRMAN SAUNDERS: 4C. COMMISSIONER McDANIEL: And you want to narrow that down to visible from the residence of the neighboring property; is that your change? CHAIRMAN SAUNDERS: Yeah. It's a question. COMMISSIONER McDANIEL: I mean -- CHAIRMAN SAUNDERS: I think that accomplishes the goal, which is -- COMMISSIONER McDANIEL: There again, if you're on your property and you go get a ladder and look over, you can see a lot of things, so -- you have a question? COMMISSIONER KOWAL: Yeah. I mean, I'm looking at the statute, so I'm just looking at B, Section B, and it does say, "Local government may regulate parking or storage of heavy equipment at the business which is visible from the street or a neighboring property." COMMISSIONER McDANIEL: It says it specifically that way in the statute. COMMISSIONER KOWAL: It says it specifically that way in the statute. CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: So technically narrowing it down to the residence would be more restrictive than the statute. CHAIRMAN SAUNDERS: It would be less restrictive, and so I think you could probably do it. COMMISSIONER McDANIEL: True. CHAIRMAN SAUNDERS: But that's a question for the County Attorney. If we change that language -- COMMISSIONER KOWAL: Yeah, because you consider your Page 186 of 6526 September 9, 2025 Page 31 neighbor could be two houses down, so... So I don't know which way would be less restrictive. CHAIRMAN SAUNDERS: Well, I think we all know what "neighbor" means. I mean, in this context, it's -- COMMISSIONER KOWAL: It says "ing," neighboring. CHAIRMAN SAUNDERS: Anybody on the street. COMMISSIONER KOWAL: Anybody on the street. CHAIRMAN SAUNDERS: Okay. Well, anyway, those were just two questions. I have no particular desire to change this -- COMMISSIONER McDANIEL: Okay. CHAIRMAN SAUNDERS: -- but -- COMMISSIONER McDANIEL: If you're in with it, I'll make a motion for approval. CHAIRMAN SAUNDERS: All right. We have a motion. Is there a second? COMMISSIONER HALL: With your additional language? COMMISSIONER McDANIEL: With the five-year grandfather clause. COMMISSIONER HALL: I'll second that. COMMISSIONER McDANIEL: And that specificity that Commissioner Saunders added in from the date of approval. CHAIRMAN SAUNDERS: Adoption of this. All right. We have a motion and a second. Is there any further discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. CHAIRMAN SAUNDERS: All opposed? That passes -- Page 187 of 6526 September 9, 2025 Page 32 COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: Oh, I'm sorry. COMMISSIONER KOWAL: I opposed it. CHAIRMAN SAUNDERS: Commissioner Kowal opposed. It passes 3-1. Item #10A RESOLUTION 2025-176: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO PROTECT ALL ENERGY CONSUMERS BY OPPOSING THE PROPOSED FLORIDA POWER & LIGHT (FP&L) RATE INCREASES FOR HIGH-COST SOLAR PRODUCTS THAT FINANCIALLY BURDEN THE CONSUMER - MOTION TO APPROVE W/CHANGES BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 10. Item 10A is a recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, urging the Florida Public Service Commission to protect all energy consumers by opposing the proposed Florida Power & Light rate increase for high-cost solar products that financially burden the consumer. This item is brought to the agenda by Commissioner Hall. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. I became aware of this issue about two months ago at a presentation that I attended. And there seems to be a major move by Florida Power & Light through the Public Services Commission to put in over $12 billion of capital infrastructure for the sole purpose of Page 188 of 6526 September 9, 2025 Page 33 expanding solar energy. And despite the billions of dollars that that corporation makes, they want to do this capital infrastructure, and they want to do it on the public's dime. And so I came up with this resolution. I just wanted to send a message to the governor, to the Public Service Commission, to our speaker of the House, to our Senate President, and to our state reps giving them a clear message that the people of Collier County reject this proposal for complete solar energy and, you know, a historical increase in our electric power. And in my resolution, I wanted to tell the story. I wanted to tell the story of how our national energy policy, unleashing American energy, is a priority of the federal administration and how -- I wanted to tell the story of how solar energy, while I'm all about renewable energy sources -- but to push all the chips in for solar energy -- solar energy, at its best, can only produce 23 percent of the capacity that we need as Americans, and especially as Southwest Floridians. It doesn't mention anything about going to alternative sources. You know, we need oil, natural gas, hydro, coal, biofuels, and even nuclear energy sources. One singular gas-powered plant can produce more energy than a high -- than a solar field of 680 acres at a quarter of the cost and with only 1 percent of the land, and nothing -- the public needs to be made aware of that. You know, everybody jumps on the bandwagon for renewable energy. I've got a solar field going into our west Texas property. The most expensive thing on that property, the most useful thing on that property is a rock. The second most useful thing is a cactus. And so therefore, that property, we can't farm it. We've never been able to farm it. The mesquite trees have burned off of it. The cows can't eat. There's no grass. So yes, we've put some -- we put a 60-acre solar field on there, and I hope that it produces power. But Page 189 of 6526 September 9, 2025 Page 34 that's the only useful thing. Here, FPL is taking 680 acres of ag land based on 1973 law that says as long as they produce 75 megawatts of energy, all they have to leave is six acres of that 680 acres as ag land and that they can capture the other. They don't have to go for environmental surveys. They don't have to have permits. They don't have to have anything that's usually required by taking over property. And to me, that's an abuse of a 1973 law that was probably intended for good but has turned -- has turned for bad. I wanted to mention all of that in the resolution. And I wanted the people to know that we're not just subject to FPL; that the people have choices. It would be a difficult change, but it's a change that the people do have. We're not going to sit back and let a powerful company stick something down our throats without speaking back and without fighting back. That's what this resolution is all about to me. It may be different to the other commissioners. I don't know where they're at. But without -- without standing for the people of Collier County, this is going to be inevitable. There is going to be a massive rate increase. They are going to do it on our dime, and we have the choice and we have the voice to fire back and to send a message to our state legislatures [sic], to our state government, to our governor that says, we the people of Collier County, we're resolved as commissioners to represent our people and not just to allow that to happen willy-nilly. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Well, I wanted to ask a question. You sent out a one-way yesterday with different language. Can you explain what it -- I mean, I'm in support -- necessarily they both say kind of the same thing in a different way, but I know you have that issue with words matter. Page 190 of 6526 September 9, 2025 Page 35 CHAIRMAN SAUNDERS: Yeah. They arrive at the same conclusion but for different reasons. The resolution that I had suggested as an alternative does not make comments or findings concerning solar energy. So for example, the resolution in front of you talks about the biofuels and oil and gas and coal, which obviously, we need to use, but we're -- this resolution basically says there shouldn't be money spent developing more solar fields, and that's the part that I object to. There may be some middle ground here, I don't know, most likely not. And just as another example, there's a whereas in this resolution that's on -- that's been presented. The last whereas, I don't -- I don't fully understand it. "Whereas, if FPL insists on the continued progression toward expensive energy options, Collier County is resolved to look at other energy sources." I'm not sure what that -- what that means, and -- COMMISSIONER HALL: That means that we're not just subject to FPL. They just don't have -- we have the right as the people of Collier County to look at other energy sources, other companies, other places that can -- we can invite to provide our power other than FPL. I said that would be a difficult move, but that's an option that we the people have. CHAIRMAN SAUNDERS: All right. And I'm not sure that we do have that option as something -- COMMISSIONER HALL: We have that option. CHAIRMAN SAUNDERS: We're within the FPL service area. I'm not sure how that would be changed. COMMISSIONER McDANIEL: And my only comment -- I mean, both of you -- and here again, how we get there really is -- I mean, I feel both of you basically are saying the same thing. I am -- I'm not in opposition of the ordinance that's, in fact, in front of us. I think that those other alternative energy sources have a Page 191 of 6526 September 9, 2025 Page 36 lot of -- a lot of question with our economic viability whatsoever. I think all of us need to be aware that one of the biggest lobbies in Tallahassee is our power companies, and by doing this -- by doing this resolution, it's putting our legislators on notice that they have to be mindful of what it is that they're imposing upon our community. And it's tricky, because -- it's the old example of follow the money. And power companies have had an -- literally, an enormous amount of power to pretty much do whatever they want. And so I'm in support, necessarily, of either one. I don't have -- I don't have an ax to grind on either side, so... CHAIRMAN SAUNDERS: All right. Mr. Miller, we have some registered speakers? MR. MILLER: We do, Mr. Chair. We have two registered speakers on this item. Your first speaker is Carolyn Alden. She will be followed by Solemi Hernandez. MS. ALDEN: Good morning. CHAIRMAN SAUNDERS: Good morning. MS. ALDEN: Excuse me. Good morning, Commissioners. Thank you, Commissioner Hall and Commissioner Saunders, for your resolutions opposing the FPL rate hike. I am 76 years old. My sole source of income is Social Security. I've lived in Naples for over 30 years. In the past eight months, my expenses have gone through the roof. Everything has gone up, from my insurance premiums, the gas, my Medicare premium, and groceries are outrageous. It's making it very difficult to put food on the table. I'm struggling to pay the bills I have now. If FPL is allowed to significantly raise its rates, I'm not going to be able to pay my bills. In the past 30 years that I've lived in Naples, due to climate change the temperature has risen exponentially. It is now significantly hotter than it was when I first moved here. When I first moved here, if it Page 192 of 6526 September 9, 2025 Page 37 was 70 degrees out, we thought it was hot. So it cost more and more to pay to cool my home. Last month I received the highest FPL bill I have ever received, and it was higher by a significant amount. I would also note that the majority of the rate increase FPL has requested would go to profits, not projects. Thank you for your time. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Your next and final speaker on this item is Solemi Hernandez. MS. HERNANDEZ: Good morning, Commissioners. Thank you for allowing me to speak. I want to especially thank Commissioner Saunders and Commissioner Hall for working with us with this important issue that touches so many of us personally. My name is Solemi Henderson, and I'm Florida organizer with Food and Water Watch. And I have proudly called Collier County my home for the past 22 years. I am here today on behalf of families in Collier County and across Florida who are doing everything they can to state afloat to -- stay afloat, to ask you to pass a resolution opposing the proposed FPL rate increase that would financially burden working families like mine, seniors, veterans, and small business and vulnerable communities. This is about energy affordability for Collier County residents. We're already struggling to make ends meet with rising costs. We cannot afford higher bills on top of that. In the past five years, FPL have gone up more than $400 per year. Now FPL is asking for billions more. About half of the money will go straight into shareholder profits, not for projects, not for reliability [sic]. For small business, bills could triple, and that could force them Page 193 of 6526 September 9, 2025 Page 38 to close. For me, this is very personal. Last summer, my bill was $312 for two months for a tiny thousand-square-foot apartment. I am the only person working in my home supporting my mom and my two sons. That bill was a real hardship, just like my monthly bills continue to be. Like many people who rent, I cannot install upgrades to lower my electricity bill, and my air-conditioner is old. But when the heat is extreme, running the A/C isn't a luxury; it's about keeping my family safe and healthy. Too many Floridians are being forced into impossible choices like turning off their air conditioner in the middle of the summer or cutting back on groceries and medication just to keep the lights on. At the first Public Service Commission hearing in Fort Myers, I heard a public -- a Collier County Public Schools spoking [sic] person testify that this increase for Collier County School System would equal the salaries of 35 teachers a year. Let me repeat that. This would equal 35 salaries of teachers a year. As a mom with two boys in our school, that brokes my heart. We already know our schools are struggling with staff shortages, and this will make it worse. Even the office of the public counsel gave an expert testimony that FPL only needs 106 million, not billions. Like I said before, half of this proposed rate increase is for profit, not for projects. That shows that this rate increase is an incentive to keep building our infrastructure that we have to pay for, pushing new infrastructure costs into consumers who are already struggling. By passing this resolution today, you can send a powerful message to the Public Service Commission that our leaders, you, are standing with us, residents and small business, against this unjust and the highest in the nation utility rate hike. Your leadership matters, and it makes a huge difference. I want Page 194 of 6526 September 9, 2025 Page 39 to mention that this resolution can become part of the official record on the FPL petition for billions in the rate increase. CHAIRMAN SAUNDERS: Ms. Hernandez, you'll need to wrap up, please. MS. HERNANDEZ: Okay. Straining [sic] the case against the statute of (unintelligible). So we need you, and we can't afford this. Please pass this resolution that will become part of the official record. CHAIRMAN SAUNDERS: Thank you. In terms of the -- you know, I've got the alternative, but it doesn't sound like there's a whole lot of interest in that particular alternative, unless I see -- COMMISSIONER KOWAL: I do have a question. CHAIRMAN SAUNDERS: Yes, sir. COMMISSIONER KOWAL: You may be able to clarify, between the two. I mean, I like both of them, but it's not an issue. I know Commissioner Hall made the comment in the one particular whereas that you had brought to question reference to bringing in another power company. I mean, I'm still trying to -- I understand people could shop, but you've got to understand FPL owns all the infrastructure that power's our county, at least a large portion of it. I think maybe a little section that Lee power in the Immokalee area -- COMMISSIONER McDANIEL: A large section. COMMISSIONER KOWAL: But it would be a majority section of the county that's their infrastructure in place that brings the power to our community. I mean, another company would have to make a significant investment to purchase that from FPL to -- you know, I just don't know if it's that easy or even feasible to -- for that particular language to even exist. I don't know. I guess I'm throwing it out there to make comments on. Page 195 of 6526 September 9, 2025 Page 40 CHAIRMAN SAUNDERS: Well, I think that's probably a question for the County Attorney more than for us, because FP&L does have a franchise that covers a large portion of Collier County. So I don't know that we would be able to look for other suppliers, no matter what. I mean, we'd have to get the service area changed, but that's -- you know, that's not going to happen. I just question what that language actually means. And if it means that we're going to look for alternative energy sources, okay, fine. If this passes and this rate hike passes, then the County should, I guess, start looking for other energy sources. I'm not sure how you would do that. And that's why I raised that question. Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. We are under a 20-year contract with FPL, and whenever that runs out, we could have other options; however, that “whereas” statement's not really relevant to the message. I'd be good with deleting it. But I do want to talk about -- I did want to talk about the solar energy. That source came straight from FPL's website with the sole -- I think it said almost verbatim, "With the sole intention of increasing solar energy" is what the capital infrastructure's for. And I'm all about renewable energy, but I'm not pushing -- for pushing all the chips in. Anything that, at its best, during the peak sunlight in the day can only produce 23 percent of our power is not worth $12 billion and not worth the rate increase that is coming as a result of that. I do -- I do appreciate in your -- in your resolution, Chairman, that you mentioned the profits. I think that I just mentioned that briefly, but I wanted to concentrate on the real push to spend that money on solar energy and how -- I wanted to send that message to the Public Service Commission, because they've basically allowed FPL -- they've allowed them to operate unchecked. And if we can do Page 196 of 6526 September 9, 2025 Page 41 anything on our power as representatives of the people to check that decision, I want it to be loud and clear. But I'm good with leaving that last whereas off. It's not really -- it's not important to the message. CHAIRMAN SAUNDERS: All right. Perhaps we could -- if you would consider, perhaps we can add a whereas or two from the resolution that I presented, add that to yours, because I'm not sure if yours talks about their profit. Like the -- COMMISSIONER HALL: Oh, I'd be -- I'd be glad to add some of those. CHAIRMAN SAUNDERS: So the whereas that I would add is, "Whereas FPL has reported record profits exceeding billions in recent years yet continues to seek substantial rate hikes and a very high return on equity," and "Whereas, the Office of Public Counsel has provided expert testimony stating that a rate increase is not necessary and recommended that the rates should be decreased by $620 million in 2026." I think if we can add that -- COMMISSIONER HALL: I'd love to add it, and add it after the third whereas. CHAIRMAN SAUNDERS: All right. Let me just, real quickly -- all right. I think if we can add those two whereas, that certainly makes me feel more comfortable with that, and the deletion of the last whereas of your draft. If that's acceptable, then I'd certainly support this. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I don't really have an issue with the last whereas. I mean, it doesn't say, "Seek an alternative company." It says, "Seek an alternative energy source." And we're -- we all -- I believe, as you do, that FPL has a franchise agreement. They own the majority of the infrastructure. I think leaving that in there just makes an announcement. I know that Page 197 of 6526 September 9, 2025 Page 42 we're all being approached by multiple waste-to-energy vendors that are out there. Whether there's validity to them, whether there's cost effectiveness yet or not, we'll all get to make that determination. But I'd be okay with even leaving that last whereas in there, because it does allow us to look at alternative energy sources. It ultimately, if it's generated, has to be pumped into the grid system that's available, but I'd be okay with leaving it. CHAIRMAN SAUNDERS: And we're free to go to waste to energy if we wanted to. We don't need FPL's approval for that anyway. I mean, it has to be -- COMMISSIONER McDANIEL: Well, don't we need -- CHAIRMAN SAUNDERS: It would be part of their grid, but -- COMMISSIONER McDANIEL: Right. We'd have to utilize their grid system to put it in. But if you want to take it out, take it out. But I'd be okay with leaving it, because it doesn't talk about an alternative power company. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Yes. I'm going to make a motion. I'm going to make a motion to pass this resolution with the additions of Commissioner Saunders' whereases in place after our -- after the third whereas and the one that's presented and leaving the last statement in. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: And, Commissioner Kowal, did you have -- COMMISSIONER KOWAL: No, I was going to say I'm fine with that, with his motion. CHAIRMAN SAUNDERS: Any further discussion? (No response.) CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. Page 198 of 6526 September 9, 2025 Page 43 COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Ms. Patterson, we'll move on. Item #11A THE PROPOSED COLLIER COUNTY STATE AND FEDERAL LEGISLATIVE AND ADMINISTRATIVE PRIORITIES FOR 2026 - MOTION TO APPROVE BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11A. This is a recommendation to approve the proposed Collier County state and federal legislative and administrative priorities for 2026. Ms. Bridgette Corcoran, your legislative affairs coordinator -- I got it right -- is here to present. MS. CORCORAN: Good morning, Commissioners. You've all had the opportunity to review the document, and I appreciate all of your input. We've also worked with our state and federal lobbying teams' department staff for all the input. It's not an exhaustive list. It's a snapshot currently. As any other issues come up that are not in this priority document, we'll bring it to you for direction. At this point, I would ask for a motion to approve and authorized the Chair to draft, as needed, any correspondences on behalf of the Board for those issues and projects outlined in the Page 199 of 6526 September 9, 2025 Page 44 priority document, and if there's any questions, I'm happy to answer them. CHAIRMAN SAUNDERS: Any questions or comments from the Commission? COMMISSIONER HALL: I would just like to say, Bridgette, I thought you did a great job putting this together. MS. CORCORAN: Thank you. I appreciate that. CHAIRMAN SAUNDERS: Do we have any registered speakers? MR. MILLER: No. CHAIRMAN SAUNDERS: Then all we need is a motion to move forward with this. COMMISSIONER KOWAL: So moved. CHAIRMAN SAUNDERS: We have a motion. Is there a second? COMMISSIONER McDANIEL: Second. COMMISSIONER HALL: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MS. CORCORAN: Thank you. MS. PATTERSON: Commissioners, that brings us to Item 15, staff and commission general communications. Item #15A Page 200 of 6526 September 9, 2025 Page 45 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: Item 15A, Troy's already shaking his head. We have no additional public comment? No. Very good. Item #15B STAFF PROJECT UPDATES MS. PATTERSON: Item 15B, staff project updates, we do not have any at this time. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: So that brings us to Item 15C, staff and commission general communications. Just a reminder that our second budget hearing will be next Thursday at 5:05, so that's Thursday, September 18th at 5:05 in this room. We will be picking up with land-use petitions coming up here as we move into the end of September and October. So I'll be working with Mr. Bosi to get those scheduled as we move along. I understand we have in excess of 30 land-use petitions that we'll be hearing between now and probably the beginning of the year. So with that, County Attorney. MR. KLATZKOW: Nothing. Thank you. Page 201 of 6526 September 9, 2025 Page 46 CHAIRMAN SAUNDERS: All right. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Long day, right? I just want -- I just want to clarify something. You know, I voted no on that codifying the state statute. And it's not that I don't agree with the state statute. I think the state statute's actually well written. I think it's -- it gives, you know, the people -- it protects a lot of people's rights, especially on their home property and private property. That's what -- you know, I don't like -- I don't like a lot of constriction on our citizens when it comes to those type of things. You know, you have a living to make. You try to do the best you can for you and your family, and I think the state statute gives them a little bit more relief when it comes to providing for their own. My question -- the reason I voted no is because I -- when I was reading it, there's specific things in here that the statute asks the local government to do, and I felt that maybe we should have taken a deeper dive into the actual statute, because in here it says on-street parking, right-of-ways, these will be enforced by local government. Parking. And then we touched on the one where I think we may have changed the verbiage a little bit in our ordinance, but I don't know. I don't know if we left "neighboring" in or "neighbor," or however we did it. But, you know, when I wrote the first -- read the first line, it's pretty clear, it's telling us not to make an ordinance. That -- I don't know if I'm right or wrong on that, but we created an ordinance. Maybe we should have taken a deeper dive and looked at the actual specific things that the statute does give us the authority to enforce, maybe created some offset, "In conjunction with state statute, this ordinance to regulate parking on small businesses." Then we'd be staying in line with this particular statute and not be in violation of it. Page 202 of 6526 September 9, 2025 Page 47 And that's just my position, you know, on the reason why I kind of -- you know, I went the way I did. I think maybe we needed to take a deeper dive. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: I have no -- I have nothing. Thanks. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Nor do I. CHAIRMAN SAUNDERS: I have nothing as well. If not, then we just need a motion to adjourn. COMMISSIONER HALL: So moved. CHAIRMAN SAUNDERS: We are adjourned. COMMISSIONER McDANIEL: I was going to say, you don't need a motion for that. ******* ****Commissioner Hall moved, seconded by Commissioner McDaniel, and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR ESPLANADE BY THE ISLANDS – GIARDINO DRIVE PHASE 1, PL20240013694 – FINAL INSPECTION BY STAFF FOUND THESE FACILITIES SATISFACTORY AND ACCEPTABLE ON APRIL 28, 2025 Page 203 of 6526 September 9, 2025 Page 48 Item #16A2 RELEASE OF TWO CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $1,391,600.00 FOR A REDUCED PAYMENT OF $10,061.70 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS. MARIA L. RAMIREZ, IN CODE ENFORCEMENT BOARD CASE NOS. CESD20090000972 AND CEROW20090000973, RELATING TO THE PROPERTY LOCATED AT 3440 35TH AVE NE, COLLIER COUNTY, FLORIDA – THE VIOLATIONS WERE FOR NO CERTIFICATE OF COMPLETION FOR A FENCE ON THE PROPERTY BROUGHT INTO COMPLIANCE ON JUNE 3, 2021 AND FOR AN EXPIRED ROW PERMIT FOR AN INCOMPLETE DRIVEWAY AND CONSTRUCTION DEBRIS ON THE PROPERTY THAT WAS BROUGHT INTO COMPLIANCE ON FEBRUARY 1, 2024 Item #16A3 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $273,600 FOR A REDUCED PAYMENT OF $16,539.40 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS. ERINELDO MOSQUERA AND EDDY LUNAR, IN CODE ENFORCEMENT BOARD CASE NO. CESD20110007333, RELATING TO THE PROPERTY LOCATED AT 4191 18TH PL SW, COLLIER COUNTY, FLORIDA – FOR VARIOUS VIOLATIONS THAT WERE BROUGHT INTO COMPLIANCE ON DECEMBER 18, 2015 Item #16A4 Page 204 of 6526 September 9, 2025 Page 49 RELEASE OF FOUR CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $584,850 FOR A REDUCED PAYMENT OF $16,201.10 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS. LEONARD ALBERT MAXSON AND MARCIA MORGAN MAXSON, IN CASE NOS. CENA20180002498, CENA20190004007, CEV20190012061, AND CEPM20190012062, RELATING TO THE PROPERTY LOCATED AT 1975 EVERGLADES BLVD S, COLLIER COUNTY, FLORIDA – FOR CODE VIOLATIONS BROUGHT INTO COMPLIANCE ON MAY 6,2021 Item #16A5 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $1,053,250 FOR A REDUCED PAYMENT OF $28,056.30 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS. MARK AND ANNE SHORES, IN CODE ENFORCEMENT BOARD CASE NO. CESD20120015193, RELATING TO PROPERTY LOCATED AT 431 12TH AVE NW, COLLIER COUNTY, FLORIDA – FOR CODE VIOLATION THAT WERE BROUGHT INTO COMPLIANCE ON MAY 8, 2025 Item #16A6 FINAL ACCEPTANCE OF THE POTABLE WATER, IRRIGATION QUALITY WATER, AND SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER, IRRIGATION QUALITY WATER, AND SEWER FACILITIES FOR SKYSAIL - PHASE 2B, PL20250001537 – FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND Page 205 of 6526 September 9, 2025 Page 50 ACCEPTABLE ON MAY 28, 2025 Item #16A7 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR TERRENO AT VALENCIA GOLF AND COUNTRY CLUB PHASE 3A, PL20250005209 – FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON JULY 1, 2025 Item #16A8 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $247,720, WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20230018130 FOR WORK ASSOCIATED WITH WILLOW RUN – THE LAKES WERE INSPECTED ON JULY 31, 2025, BY DEVELOPMENT REVIEW DIVISION Item #16B1 CHANGE ORDER NO. 2 UNDER AGREEMENT NO. 18-7432– CE, “CIVIL ENGINEERING CATEGORY,” WITH BLACK & VEATCH CORPORATION FOR THE “OAKES BOULEVARD SIDEWALKS AND ROUNDABOUT” PROJECT, ADDING 300 DAYS AND $116,794.74 FOR THE EXPANSION OF DESIGN NEEDS, AND AUTHORIZING THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER – INCLUDES THE EXPANSION OF THE STORMWATER DESIGN, WATER QUALITY EFFORTS, Page 206 of 6526 September 9, 2025 Page 51 ENVIRONMENTAL ANALYSIS, AND PERMITTING WITH THE WATER MANAGEMENT DISTRICT Item #16B2 SECOND AMENDMENT TO AGREEMENT NO. 21-7896, EMERGENCY/DISASTER RELATED STABILIZATION AND RECOVERY SERVICES FOR ROADWAY SIGNS, WITH SOUTHERN SIGNAL AND LIGHTING, INC., EXERCISING THE SECOND RENEWAL TERM UNDER THE AGREEMENT THROUGH SEPTEMBER 13, 2026, AND APPROVING A 5% RATE INCREASE. Item #16B3 FIRST AMENDMENT TO AGREEMENT NO. 23-8108 WITH JACOBS ENGINEERING GROUP, INC., FOR DESIGN SERVICES FOR THE COLLIER AREA TRANSIT OPERATIONS AND MAINTENANCE FACILITY, TO REVISE SCHEDULE B, BASIS OF COMPENSATION, BY REALLOCATING $100,000 OF AVAILABLE FUNDING CURRENTLY DESIGNATED UNDER TASK 8 OPTIONAL SERVICES FOR AN ADDITIONAL SCOPE OF WORK IDENTIFIED AS SCOPE TASKS 4.1, 4.2, 5, 6, AND 7 (AS SET FORTH IN CHANGE ORDER NO. 2), AND TO APPROVE CHANGE ORDER NO. 2 ADDING SIXTY DAYS TO TASKS 1 THROUGH 4, REALLOCATING $75,272 TO TASK 4.2 AND $24,728 TO TASKS 4.1, 5, 6, AND 7 FOR CONSTRUCTION DOCUMENTS DESIGN MODIFICATIONS, AND ADDING $118,900 TO TASKS 1, 4.1, 5, 6, AND 7 FOR ADDITIONAL DESIGN SERVICES UNDER THE AGREEMENT, AND Page 207 of 6526 September 9, 2025 Page 52 AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT AND CHANGE ORDER NO. 2. Item #16C1 AWARD REQUEST FOR QUOTE UNDER AGREEMENT NO. 20- 7800 TO KYLE CONSTRUCTION, INC. FOR THE REHABILITATION OF PUMP STATION 309.30 PROJECT, IN THE AMOUNT OF $483,300, APPROVE AN OWNER’S ALLOWANCE OF $113,500, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED WORK ORDER (PROJECT NUMBER 70240) – FOR THE REHABILITATION OF THE EXISTING WASTEWATER PUMP STATION 309.30 Item #16C2 TWENTY-TWO AMENDMENTS TO THE MAJOR USER AGREEMENT FOR DELIVERY AND REUSE OF IRRIGATION QUALITY WATER, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENTS – REDUCING THE RELIANCE ON POTABLE WATER FOR IRRIGATION FOR THE AMENDMENTS AS PROVIDED IN THE EXECUTIVE SUMMARY Item #16C3 AGREEMENT BETWEEN COLLIER LAND HOLDINGS, LTD AND CDC INVESTMENT PROPERTIES, LLC., (LANDOWNERS) AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING EX-OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT (CCWSD), FOR THE EXCLUSIVE Page 208 of 6526 September 9, 2025 Page 53 PROVISION OF PROVIDING POTABLE WATER AND WASTEWATER SERVICES WITHIN THE HORSE TRIALS STEWARDSHIP RECEIVING AREA (SRA) Item #16C4 COUNTY ATTORNEY TO ADVERTISE, AND BRING BACK FOR A PUBLIC HEARING, A RESOLUTION TO UPDATE THE FEE SCHEDULE FOR THE FLORIDA DEPARTMENT OF HEALTH IN COLLIER COUNTY (DOH-COLLIER) Item #16C5 AWARD REQUEST FOR PROFESSIONAL SERVICES NO. 24- 8274 TO WSP USA BUILDINGS INC., FOR SITE PLANNING AND DESIGN SERVICES FOR COLLIER COUNTY WATER RECLAMATION LABORATORY PROJECT IN THE AMOUNT OF $1,122,319.73 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT (PROJECT #70294) Item #16D1 ACCEPT AND APPROPRIATE RESTRICTED DONATIONS FROM VARIOUS DONORS AND REFUND FROM PRIOR YEAR EXPENSE, IN THE TOTAL AMOUNT OF $6,466.54 FOR THE BENEFIT OF THE COLLIER COUNTY PUBLIC LIBRARY AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS – FROM TEN SEPARATE DONATION LISTED IN THE EXECUTIVE SUMMARY Item #16D2 Page 209 of 6526 September 9, 2025 Page 54 BUDGET AMENDMENT TO RECOGNIZE INTEREST EARNED IN THE AMOUNT OF $12,001.00 FOR APRIL 2025 THROUGH JUNE 2025 FOR THE FLORIDA OPIOID SETTLEMENT GRANT PROGRAM (FUND 1850 AND 1852) – AS PART OF TWO (2) ALLOCATIONS THAT WILL BE RECEIVED ANNUALLY OV ETH NEXT EIGHTEEN (18) YEARS FOR THE CITY/COUNTY AND REGIONAL ABATEMENT Item #16D3 COUNTY MANAGER TO ELECTRONICALLY SIGN AND SUBMIT THE REQUIRED PARTICIPATION FORMS AND ANY ADDITIONAL FORMS UPON THEIR ARRIVAL FOR THE PURDUE DIRECT SETTLEMENT # CL-1748159, AND RUBRIS SETTLEMENT #CL-1770333 (ALVOGEN, AMNEAL, APOTEX, HIKMA, INDIVIOR, MYLAN, SUN AND ZYDUS) TO ALLOW COLLIER COUNTY TO ‘OPT IN’ TO THE NEW NATIONAL OPIOID SETTLEMENT – ENHANCING ACCESS HEALTH WELLNESS AND HUMAN SERVICES THAT ADRESS THE OPIOID EPIDEMIC Item #16D4 BUDGET AMENDMENTS RECOGNIZING INTEREST EARNED FROM THE PERIOD OF OCTOBER 1, 2024, THROUGH MARCH 31, 2025, ON ADVANCED FUNDING RECEIVED FROM TREASURY FROM THE FOLLOWING GRANT PROGRAMS: STATE AND LOCAL FISCAL RECOVERY FUND, AND THE LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND IN THE AMOUNT OF $390,422.05 TO COMMUNITY & HUMAN SERVICES GRANT SUPPORT FUND (1806) – FOR THE Page 210 of 6526 September 9, 2025 Page 55 INTEREST EARNED TOWARDS EXPENDITURES IN SUPPORT & HUMAN SERVICES PROGRAMS THAT PROVIDE ACCESS TO HEALTH, WELLNESS, AFFORDABLE HOUSING, AND HUMAN SERVICES IN COLLIER COUNTY Item #16D5 THREE AFTER-THE-FACT AGREEMENTS AND CORRESPONDING ATTESTATION STATEMENTS BETWEEN COLLIER COUNTY AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE COMMUNITY CARE FOR THE ELDERLY (#HC025), ALZHEIMER’S DISEASE INITIATIVE (#HZ025), AND HOME CARE FOR THE ELDERLY (#HH025) GRANT PROGRAMS, WITH COLLIER COUNTY SERVING AS THE LEAD AGENCY FOR THE PROVISION OF SERVICES UNDER THESE GRANTS AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS IN THE AMOUNT OF ($13,043.00) TO REFLECT A DECREASE FROM THE ESTIMATED FUNDING. (HUMAN SERVICES GRANT FUND 1837) – PROVIDING UNINTERRUPTED SUPPORT SERVICES TO COLLIER COUNTY SERVICES FOR SENIORS PROGRAMS Item #16D6 AN AFTER-THE-FACT AGREEMENT AND CORRESPONDING ATTESTATION STATEMENT BETWEEN COLLIER COUNTY AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE EMERGENCY HOME ENERGY ASSISTANCE PROGRAM (EHEAP) GRANT PROGRAM, WITH COLLIER COUNTY SERVING AS THE LEAD AGENCY FOR THE PROVISION OF SERVICES UNDER THIS GRANT, AND Page 211 of 6526 September 9, 2025 Page 56 AUTHORIZE THE NECESSARY BUDGET AMENDMENT IN THE AMOUNT OF $6,054 TO REFLECT A DECREASE FROM THE ESTIMATED FUNDING. (HUMAN SERVICES GRANT FUND 1837) – FOR THE UNINTERRUPTED ENERGY ASSISTANCE SUPPORT SERVICES TO COLLIER COUNTY SERVICES FOR SENIORS PROGRAM’S LOW-INCOME ELDERLY CLIENTS Item #16D7 THIRD AMENDMENT BETWEEN THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. (DLC) AND COLLIER COUNTY TO UPDATE FIXED PRICE/UNIT COST COMPONENTS AND REIMBURSEMENT RATES AND LANGUAGE SUPPORTING COMPONENT DESCRIPTION. (OPIOID GRANT FUNDS 1850 AND 1852) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D8 STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ANNUAL REPORT AND AUTHORIZE THE CHAIRMAN TO SIGN THE LOCAL HOUSING INCENTIVE CERTIFICATION TO CLOSEOUT FISCAL YEARS 2021/2022, AND 2022/2023, AS WELL AS THE INTERIM REPORT FOR FISCAL YEAR 2023/2024 AND AUTHORIZE STAFF TO SUBMIT THE LOCAL HOUSING INCENTIVE CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION TO ENSURE COMPLIANCE WITH PROGRAM REQUIREMENTS – AS DETAILED IN THE EXECUTIVE SUMMARY Page 212 of 6526 September 9, 2025 Page 57 Item #16D9 LOW INCOME POOL LETTER OF AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION, IN THE AMOUNT OF $732,403.27 TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM, (B) AUTHORIZE AN ADDITIONAL ALLOCATION OF $111,592.27 TO ALLOW FOR THE MAXIMUM ALLOCATION OF FEDERAL MATCHING FUNDS, (C) AUTHORIZE THE COUNTY MANAGER TO EXECUTE AND SUBMIT THE LOW INCOME POOL AGREEMENT AND THE REQUIRED PROVIDER QUESTIONNAIRE AND (D) AUTHORIZE THE NECESSARY BUDGET AMENDMENT (FISCAL IMPACT $732,403.27) Item #16E1 PROCUREMENT SERVICES DIRECTOR OR DESIGNEE TO PROCURE GOODS OR SERVICES FROM VENDORS THAT HAVE BEEN AWARDED A CONTRACT AS A RESULT OF A COMPETITIVE SELECTION PROCESS BY A FEDERAL, STATE OR MUNICIPAL GOVERNMENT, OR ANY OTHER GOVERNMENTAL AGENCY, POLITICAL SUBDIVISION, OR GOVERNMENT-RELATED ASSOCIATION OR A PURCHASING COOPERATIVE, PROVIDED THAT THE ORIGINATING ENTITY UTILIZED A COMPETITIVE PROCESS SIMILAR TO COLLIER COUNTY’S, AND AUTHORIZE THE PROCUREMENT SERVICES DIRECTOR OR DESIGNEE TO SIGN AGREEMENTS ASSOCIATED WITH THOSE PURCHASES Item #16E2 Page 213 of 6526 September 9, 2025 Page 58 PURCHASE OF EXCESS WORKERS’ COMPENSATION INSURANCE FOR FY 2026 THROUGH ARCH INSURANCE COMPANY WITH AN ESTIMATED ANNUAL COST OF $265,393 – EFFECTIVE AS OF OCTOBER 1, 2025-26 FOR THE 2ND TERM OF 2-YEAR RATE GUARANTEE Item #16E3 PURCHASE OF LIABILITY, AUTOMOBILE, CYBER, AND OTHER MISCELLANEOUS INSURANCE COVERAGE FOR FISCAL YEAR 2026 IN THE ESTIMATED PREMIUM OF $1,188,677.89 – AS THE CURRENT TERM EXPIRES ON SEPTEMBER 30, 2025 Item #16E4 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR VARIOUS COUNTY DIVISIONS’ AFTER-THE-FACT PURCHASES REQUIRING BOARD APPROVAL IN ACCORDANCE WITH PROCUREMENT ORDINANCE NO. 2025-34, AND THE PROCUREMENT MANUAL IN THE AMOUNT OF $10,810 (FUND 4008) – THIS OVERSIGHT HAS SINCE BEEN ADDRESSED THROUGH A CONTRACT AMENDMENT Item #16F1 FIFTEENTH AMENDMENT TO AGREEMENT NO. 11-5776, MEDICAL EXAMINER SERVICES, EXTENDING THE TERM TO SEPTEMBER 30, 2026 (FUND 0001) Page 214 of 6526 September 9, 2025 Page 59 Item #16F2 PURCHASE AGREEMENT (#PL290) AND CERTIFICATION REGARDING DEBARMENT WITH CENTRAL FLORIDA BEHAVIORAL HEALTH NETWORK, INC., (MANAGING ENTITY) IN THE AMOUNT OF $72,916.66 TO UTILIZE COORDINATED OPIOID RECOVERY (CORE) NETWORK OF ADDICTION CARE FUNDS FOR OPIOID-RELATED PREVENTION, TREATMENT, AND RECOVERY SUPPORT SERVICES – ENSURING AROUND-THE-CLOCK ACCESS TO INITIAL TREATMENT, ENSURING CONTINUITY OF CARE AND ACCESS TO RESOURCES DESIFNATED FOR SUPPORT AND UNRESTRICTED TREATMENT Item #16F3 AWARD INVITATION TO BID NO. 25-8364, “FREIGHT AND MOVING SERVICES OF DISASTER SUPPLIES,” TO SHIP SMARTLY CO., AS A PRIMARY VENDOR AND GARNER ENVIRONMENTAL SERVICES INC., AS A SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS – FOR THE TRANSPORT OF DIASTER SUPPLIES, PALLETIZED COMMODITIES AND OTHER GOODS/EQUIPMENT BEFORE, DURING AND AFTER NATURAL DISASTERS OR CRITICAL EVENTS WITHIN COLLIER COUNTY Item #16F4 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE (EMPA) GRANT AGREEMENT A0564 FROM THE Page 215 of 6526 September 9, 2025 Page 60 FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) IN THE AMOUNT OF $105,806 FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT AND AUTHORIZE NECESSARY BUDGET AMENDMENTS. (FUND 1833 PROJECT NO. 33956) – ENHANCING COLLIER COUNTY’S EMERGENCY PREPAREDNESS CAPABILITIES Item #16F5 BUDGET AMENDMENTS FOR THE EXECUTED MEMORANDUM OF UNDERSTANDING (MOU) ARP21-27 BETWEEN COLLIER COUNTY EMERGENCY MEDICAL SERVICE (EMS) AND COMMUNITY & HUMAN SERVICES DIVISION FOR THE PUBLIC HEALTH INFRASTRUCTURE PROJECT IN THE AMOUNT OF $380,147.38 FOR THE PURCHASE OF ONE AMBULANCE IN ACCORDANCE WITH COLLIER PUBLIC HEALTH INFRASTRUCTURE PROGRAM, AMERICAN RESCUE PLAN ACT, U.S. DEPARTMENT OF THE TREASURY, LOCAL FISCAL RECOVERY FUNDS – AMENDMENT #14 FOR THE PURCHASE OF AN EMS VEHICLE PROVIDING A HIGH LEVEL OF SERVICE AND EFFECTIVELY MEETING THE NEEDS OF OUR COMMUNITY Item #16F6 BUDGET AMENDMENTS APPROPRIATING APPROXIMATELY $1,687,889,400 OF UNSPENT FY 2025 CAPITAL PROJECT AND GRANT BUDGETS INTO FISCAL YEAR 2026 Item #16F7 Page 216 of 6526 September 9, 2025 Page 61 RESOLUTION 2025-170: 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.) Item #16G1 PROPOSED SEVENTH AMENDMENT TO A SUBLEASE OF LAND AGREEMENT WITH KPK TO AMEND THE RENT SCHEDULE – AS SET BY THE AIRPORT AUTHORITY Item #16J1 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 $30,126,842.20 WERE DRAWN FOR THE PERIODS BETWEEN AUGUST 14, 2025, AND AUGUST 27, 2025, PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 3, 2025 Page 217 of 6526 September 9, 2025 Page 62 Item #16J3 AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES FOR THE FEBRUARY 3, 2026, CITY OF NAPLES GENERAL ELECTION Item #16K1 RESOLUTION 2025-171: DECLARING A VACANCY ON THE GOLDEN GATE BEAUTIFICATION MSTU ADVISORY COMMITTEE Item #16K2 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $122,500 PLUS $29,792 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1285FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K3 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $127,500 PLUS $28,362 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1350FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K4 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $60,000 Page 218 of 6526 September 9, 2025 Page 63 PLUS $11,329 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1366FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K5 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $60,000 PLUS $11,706 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1363FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K6 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $122,000 PLUS $28,782 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1326FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249, AND DELEGATE AUTHORITY TO THE COUNTY MANAGER OR HER DESIGNEE TO PROCESS PAYMENT OF ADDITIONAL STATUTORY ATTORNEY’S FEES FOR SUPPLEMENTAL PROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73, FLA. STAT., BUT NOT TO EXCEED $3,000 Item #16K7 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $150,000 PLUS $31,308 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL Page 219 of 6526 September 9, 2025 Page 64 1278FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249, AND DELEGATE AUTHORITY TO THE COUNTY MANAGER OR HER DESIGNEE TO PROCESS PAYMENT OF ADDITIONAL STATUTORY ATTORNEY’S FEES FOR SUPPLEMENTAL PROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73, FLA. STAT., BUT NOT TO EXCEED $7,000 Item #16L1 BUDGET AMENDMENTS TO RECOGNIZE CARRYFORWARD IN BAYSHORE CRA FUND (1020) AND IMMOKALEE CRA FUND (1025), TRANSFER THOSE MONEYS ALONG WITH RESERVE BALANCES INTO BAYSHORE CRA CAPITAL FUND (1021) AND IMMOKALEE CRA CAPITAL FUND (1026), AND APPROPRIATE THOSE FUNDS INTO SPECIFIC PROJECTS PURSUANT TO THE COMMUNITY REDEVELOPMENT PLAN – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16L2 BUDGET AMENDMENTS TO REALLOCATE FUNDS WITHIN BAYSHORE CRA PROJECT FUND (1021) AND APPROPRIATE THOSE FUNDS INTO SPECIFIC PROJECTS BASED ON COMMUNITY NEEDS PURSUANT TO THE COMMUNITY REDEVELOPMENT PLAN – ALLOCATING THE FUNDS INTO STORMWATER, GATEWAY MASTER PLAN, SHADOWLAWN CORRIDOR AND N. BAYSHORE ENHANCEMENT FUNDS Item #17A - This item is further continued to the September 23, 2025, BCC Meeting. The item was initially continued from the June 24, Page 220 of 6526 September 9, 2025 Page 65 2025, to the September 9, 2025, BCC Meeting. No discussion of this item will take place at the September 9, 2025, Board of County Commissioners Meeting. RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE TO IMPLEMENT HOUSING INITIATIVES IN THE GROWTH MANAGEMENT PLAN RELATING TO HOUSING THAT IS AFFORDABLE. [PL20210001291] (SECOND OF TWO HEARINGS). Item #17B RESOLUTION 2025-172 (DISTRICT I); RESOLUTION 2025-173 (DISTRICT II): RESOLUTIONS APPROVING THE PRELIMINARY ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS, AND ADOPTING SAME AS THE NON- AD VALOREM ASSESSMENT ROLLS FOR THE PURPOSE OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY OF MARCO ISLAND, AND THE CITY OF EVERGLADES CITY, PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54, AS AMENDED. REVENUES ARE ANTICIPATED TO BE $37,763,600 Item #17C Page 221 of 6526 September 9, 2025 Page 66 ORDINANCE 2025-35: AN ORDINANCE REZONING THE SUBJECT PROPERTY, A 2.56± ACRE PARCEL LOCATED 1600 FEET WEST OF AIRPORT-PULLING ROAD ON THE NORTH SIDE OF BAILEY LANE, AT 3001 BAILEY LANE, IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL SINGLE-FAMILY-3 (RSF-3) ZONING DISTRICT TO ALLOW UP TO THREE SINGLE- FAMILY DWELLING UNITS WITH A MAXIMUM DENSITY OF ONE DWELLING UNIT PER 0.85± ACRES [PL20240003946] Item #17D RESOLUTION 2025-174: AN AMENDMENT TO RESOLUTION NO. 2022-209, WHICH ESTABLISHED THE BRIGHTSHORE VILLAGE STEWARDSHIP RECEIVING AREA (SRA), TO CHANGE THE SIZE OF THE SRA FROM 681.5 ACRES TO 671.4 ACRES; TO MOVE THE SOUTHERN SRA BOUNDARY TO ACCOMMODATE THE EXPANSION OF IMMOKALEE ROAD; TO CHANGE THE STEWARDSHIP CREDITS NEEDED FROM 5198.4 TO 5103.2 CREDITS; TO REVISE THE SRA DEVELOPMENT DOCUMENT AND SRA MASTER PLAN; AND TO REVISE THE STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT FOR BRIGHTSHORE VILLAGE SRA. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD, NORTHEAST OF THE INTERSECTION OF IMMOKALEE ROAD AND RED HAWK LANE, IN SECTIONS 18 AND 19, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA [PL20240007926] Item #17E Page 222 of 6526 September 9, 2025 Page 67 RESOLUTION 2025-175: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2024-25 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES.) Page 223 of 6526 September 9, 2025 Page 68 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:13 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ___________________________________ BURT SAUNDERS, CHAIRMAN ATTEST: CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 224 of 6526