BCC Minutes 10/14/2025 ROctober 14, 2025
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida October 14, 2025
LET IT BE REMEMBERED that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following Board members present:
Chairman: Burt L. Saunders
Dan Kowal
Chris Hall
Rick LoCastro
William L. McDaniel, Jr.
ALSO PRESENT:
Amy Patterson, County Manager
Ed Finn, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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October 14, 2025
Collier County
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, Fl 34112
October 14, 2025
9:00 am
Commissioner Burt Saunders, District 3; – chair
Commissioner Dan Kowal, District 4; – vice chair
Commissioner Rick LoCastro, District 1
Commissioner Chris Hall, District 2
Commissioner William L. McDaniel, Jr., District 5
NOTICE: PERSONS WISHING TO SPEAK ON AN AGENDA ITEM MUST
REGISTER PRIOR TO ITS PRESENTATION. SPEAKERS ARE LIMITED TO
THREE (3) MINUTES UNLESS ADJUSTED BY THE CHAIR. TIME MAY BE
CEDED BY OTHER IN-PERSON REGISTERED SPEAKERS WHO ARE
PRESENT AT THE TIME THE SPEAKER IS HEARD. PUBLIC COMMENTS
ARE NOT HEARD FOR PROCLAMATIONS, PRESENTATIONS, OR PUBLIC
PETITIONS. PRESENTATIONS ARE LIMITED TO TEN (10) MINUTES
UNLESS EXTENDED BY THE CHAIR. TO COMMENT ON CONSENT
AGENDA ITEMS, REGISTRATION MUST OCCUR BEFORE THE BOARD’S
ACTION ON THE CONSENT AGENDA, WHICH IS HEARD FOLLOWING THE
PLEDGE OF ALLEGIANCE.
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October 14, 2025
REQUESTS FOR PUBLIC PETITIONS MUST BE SUBMITTED IN WRITING
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE MEETING.
THEY SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF
THE PETITION. PUBLIC PETITIONS MUST ADDRESS MATTERS NOT
SCHEDULED FOR A FUTURE AGENDA AND CONCERN A MATTER IN
WHICH THE BOARD CAN TAKE ACTION. IF GRANTED, A SINGLE
PRESENTER MAY SPEAK FOR UP TO TEN (10) MINUTES, SUBJECT TO
EXTENSION BY THE CHAIR, AND THE PETITION WILL BE PLACED ON A
FUTURE AGENDA FOR A PUBLIC HEARING.
FOR GENERAL PUBLIC COMMENTS ON NON-AGENDA TOPICS,
REGISTRATION IS REQUIRED BEFORE THAT PORTION IS CALLED.
COMMENTS ARE LIMITED TO THREE (3) MINUTES; TIME MAY NOT BE
CEDED. THE CHAIR MAY LIMIT THE NUMBER OF SPEAKERS TO FIVE (5)
FOR THE MEETING. APPEALS REQUIRE A RECORD OF PROCEEDINGS,
WHICH MAY INCLUDE THE TESTIMONY AND EVIDENCE ON WHICH THE
APPEAL IS BASED AND MAY BE REQUIRED TO BE VERBATIM. LOBBYISTS
MUST REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD
MINUTES AND RECORDS DEPARTMENT PER COLLIER COUNTY
ORDINANCE 2003-53, AS AMENDED.
ALL DIGITAL AUDIO AND VISUAL MATERIALS SUBMITTED BY THE
PUBLIC VIA EMAIL LINK OR ATTACHMENT, OR TRANSPORTED ON
EXTERNAL DEVICES FOR BROADCASTING AT THE BOARD MEETING,
MUST BE IN A COMPATIBLE FORMAT AND RECEIVED BY THE COUNTY
MANAGER’S OFFICE BY NOON ON THE DAY PRECEDING THE BOARD
MEETING TO BE SCANNED FOR NETWORK SECURITY THREATS.
DIGITAL MATERIALS SUBMITTED AFTER THE DEADLINE WILL NOT BE
ACCEPTED.
IF YOU ARE A PERSON WITH A DISABILITY WHO REQUIRES
ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING, YOU ARE
ENTITLED TO CERTAIN ASSISTANCE AT NO COST. CONTACT COLLIER
COUNTY FACILITIES MANAGEMENT LOCATED AT 3335 EAST TAMIAMI
TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380. ASSISTED
LISTENING DEVICES ARE AVAILABLE.
A LUNCH RECESS IS SCHEDULED FROM NOON (12:00 P.M.) TO 1:00 P.M.
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October 14, 2025
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
Approval of today's Regular, Consent, and Summary agenda as amended (ex-parte
disclosure provided by Commission members for Consent agenda.)
A. September 4, 2025, BCC Budget Minutes
B. June 24, 2025, BCC Minutes
C. September 9, 2025, BCC Minutes
D. September 18, 2025, Budget meeting
3. AWARDS AND RECOGNITIONS
4. PROCLAMATIONS
A. Proclamation designating October 2025 as Domestic Violence Awareness
Month in Collier County. To be accepted by Linda Oberhaus, CEO, The
Shelter for Abused Women & Children.
B. Proclamation designating October 2025 as Childhood Cancer Awareness
Month in Collier County. To be accepted by Darren Nieves, President &
CEO, Minds Over Tumors.
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS
8. BOARD OF ZONING APPEALS
A. This Item to be heard at 1:00 PM. This Item requires that Board
members provide Ex-parte disclosure. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to
approve a Resolution of the Board of Zoning Appeals of Collier County,
Florida, granting a waiver from the minimum required separation of 500 feet
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October 14, 2025
between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land
Development Code, for fuel pumps at a Costco Wholesale, with resulting
separation of 132 feet from the property line of the existing 7-Eleven. The
property is located in the Commercial Tract of the Hacienda Lakes Mixed
Use Planned Unit Development (MPUD) located at the southeast corner of
the intersection of Collier Boulevard and Rattlesnake Hammock Road in
Section 23, Township 50 South, Range 26 East, Collier County, Florida,
consisting of +/-25.86 acres of the +/-2,262 acre MPUD. (PL20240011790)
(This Item is a companion to 9.A. PDI-PL20240011559)
9. ADVERTISED PUBLIC HEARINGS
A. This Item to be heard at 1:00 PM. This Item requires that Board
members provide Ex-parte disclosure. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to
approve an Ordinance amending Ordinance No. 11-41, as amended, the
Hacienda Lakes Mixed-Use Planned Unit Development, to approve an
insubstantial change to the PUD, to add deviations for relief from the Collier
County Land Development Code relating to architectural glazing standards,
building façade massing, light fixture heights, loading spaces, landscape
standards for interior vehicular use areas, and signage, and providing for an
effective date. The subject parcel is in the Commercial Tract of the MPUD
located at the southeast corner of the intersection of Collier Boulevard and
Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26
East, Collier County, Florida, consisting of +/-25.86 acres of the +/-2,262
acre MPUD. (PL20240011559) (This Item is a companion to 8.A. ASW-
PL20240011790)
B. This Item requires that Ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
rezoning real property from Residential-Single-Family-3 (RSF-3) zoning
district to a Residential Tourist (RT) zoning district within the Vanderbilt
Beach Residential Tourist Overlay (VBRTO) zoning district for a project to
be known as Paraiso Club. The subject 1.35± acre beachfront property is
located along the Gulf of America on the west side of Gulf Shore Drive, just
south of the intersection of Gulf Shore Drive and Bayview Avenue, in
Section 29, Township 48 South, Range 25 East, Collier County, Florida.
[PL20240007340] (This Item is a companion to 9.C., PL20240009700,
Paraiso Club Conditional Use)
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October 14, 2025
C. This Item requires that Ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution for a
Conditional Use to allow a Private Club within a Residential Tourist-
Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) zoning district
pursuant to Section 2.03.02.E.1.c.5 of the Collier County Land Development
Code. The subject 1.35± acre beachfront property is located along the Gulf
of America on the west side of Gulf Shore Drive, just south of the
intersection of Gulf Shore Drive and Bayview Avenue, in Section 29,
Township 48 South, Range 25 East, Collier County, Florida.
[PL20240009700] (This Item is a companion to 9.B., PL20240007340,
Paraiso Club Rezone)
10. BOARD OF COUNTY COMMISSIONERS
A. Request the Board adopt a Resolution expressing support for designating
October 14, 2025, as the “National Day of Remembrance for Charlie Kirk.”
11. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners, as the ex-officio
the Governing Board of the Collier County Water-Sewer District, approve a
Resolution repealing and replacing Resolution No. 2023-135, as amended by
Resolution 2024-212, by modifying the Utility Project A-1 description set
forth on Exhibit A to add the Northeast Interim Facilities Program and
Wastewater Regional Treatment Plant Expansion projects as eligible projects
to be financed with a loan under the Florida Local Government Finance
Commission's Pooled Commercial Paper Loan Program, and increasing and
authorizing the borrowing of a not to exceed principal amount of
$50,000,000 to $200,000,000. This Loan is secured by a subordinate pledge
of and lien on the net revenues of the water and sewer utility system in
accordance with the terms of the Loan Agreement and as provided in the
Resolution approving such Loan; authorize execution of the loan note or
loan notes to evidence such borrowing; authorize the execution and delivery
of other such documents as may be necessary to effect such borrowing; and
authorize all necessary Budget Amendments. (Christopher Johnson, Division
Director - Corporate Financial & Management Services)
B. Recommendation that the Board of County Commissioners, acting as the ex-
officio Governing Board of the Collier County Water-Sewer District,
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October 14, 2025
approve an Agreement for Sale and Purchase of 3910 Domestic Avenue for
pump rebuild operations, inventory storage, and personnel accommodation.
The total cost for this transaction will not exceed $4,525,000. (Jim DeLony,
Interim Department Head - Public Utilities)
C. This Item to be heard at 10:00 AM. Recommendation to consider directing
the Zoning Director to sign a Florida Housing Finance Corporation “Local
Government Verification that Development is Consistent with Zoning and
Land Use Regulations” form in accordance with Florida Statutes 125.01055.
(Cormac Giblin, Division Director - Economic Development & Housing)
D. Recommendation to hear a presentation on Funding Strategies for a
Stormwater Capital, Operations and Maintenance Program. (Trinity Scott,
Department Head - Transportation Management Services Department)
E. Recommendation to pledge 50% of the funds for acquisition of the Seminole
Gulf Railway corridor within Collier County (up to $6,890,830) and provide
staff direction on the Trust for Public Lands request of a pledge of 100% of
the acquisition costs (up to $13,781,660). (Trinity Scott, Department Head -
Transportation Management Services Department)
F. Recommendation to approve the fall truck haul beach renourishment project
and authorize tourist development tax expenditures for the Vanderbilt Beach
Renourishment scheduled for November 2025, with an estimated project
cost of $5,500,000; and make a finding that this item promotes tourism
(Project 90066). (This Item is a companion to 11.G.) (Andrew Miller,
Manager - Coastal Management Program)
G. Recommendation to award Invitation to Bid (“ITB”) No. 25-8417, “Collier
County - 2025 Vanderbilt & Pelican Bay Beach Renourishment,” to
Dickerson Infrastructure, Inc., in the amount of $4,450,000.00, authorize the
Chair to sign the attached Agreement, and make a finding that this item
promotes tourism. (This Item is a companion to 11.F.) (Andrew Miller,
Manager - Coastal Management Program)
H. Recommendation to approve an Interlocal Agreement with the City of
Naples for the use of Parcel ID 01049600004, a/k/a Jolley Bridge Site, to
remove debris and receive/offload pilings for the Naples Pier Renovation.
(Trinity Scott, Department Head - Transportation Management Services
Department)
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October 14, 2025
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN
THIS MEETING
B. STAFF PROJECT UPDATES
C. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to direct staff to advertise and bring back for a
public hearing, an Ordinance amending the Land Development Code,
to increase the floor area ratio from 0.45 to 0.60 for group housing,
PL20250005043.
2) Recommendation to direct staff to advertise and bring back for a
public hearing, an Ordinance amending the Land Development Code,
on procedural changes to rectify and correct inconsistencies and
update advisory boards or agency’s public hearing reviews for
multiple land use petitions held by the Environmental Advisory
Council, Hearing Examiner, Planning Commission, Board of County
Commissioners, or Board of Zoning Appeals, PL202540000180.
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October 14, 2025
3) Recommendation to direct staff to advertise and bring back for a
public hearing, an Ordinance amending the Land Development Code,
to establish formal procedures and standards for reasonable
accommodation requests submitted by certified recovery residences in
compliance with Section 397.487, Florida Statutes, PL20250009062.
4) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Community School of Naples – Campus
Expansion, PL20250006342.
5) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
water utility facilities for Car Condo, PL20250007500.
6) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water and sewer facilities for St. Paul Church,
PL20250003206.
7) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, including the dedication of Tract “R-2”, for the final
plat of Isles of Collier Preserve Phase 16, Application Number
PL20210000695, and authorize the release of the maintenance
security in the amount of $444,004.28.
8) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Fairgrove at Talis Park Multi-
Family Parcel, Application Number PL20220000389 (FP) and
Application Number PL2022000598 (Fairgrove Coach Homes SDP),
and authorize the release of the maintenance security in the amount of
$37,447.85.
9) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Maple Ridge at Ave Maria, Phase
6C, Application Number PL20200001634, and authorize the release of
the maintenance securities in the amount of $251,993.89.
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October 14, 2025
10) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Ranch at Orange Blossom, Phase
4, Application Number PL20190000864, and authorize the release of
the maintenance security in the amount of $507,486.40.
11) Recommendation to hold a public hearing to consider vacating a
portion of Kon Tiki Drive as shown on the plat of Isles of Capri
Business Section, recorded in Plat Book 3, Page 52, of the public
records of Collier County, Florida, Located approximately 40 feet
East of Capri Boulevard, (Griffis Highway per plat) in Section 32,
Township 51 South, Range 26 East, Collier County, Florida.
(PL20250004879)
12) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of Oil Well Park Road, also known as a
portion of a 100-foot-wide right-of-way and easement described as
Tract A, as recorded in Deed Book 23, Page 42, of the Public Records
of Collier County, Florida, located west of State Road 29,
approximately 1.5 miles south of Oil Well Road, in Section 20,
Township 48 South, Range 30 East, Collier County, Florida. VAC-
PL20250006144.
13) Recommendation to hold a public hearing to consider vacating the 30-
foot-wide public roadway easements as described in Official Record
Book 1033, at pages 1087, 1098, 1099, 1103, 1107, 1122, and 1126,
of the public records of Collier County, Florida, located
approximately 4,900 feet Northeasterly of U.S. 41, Tamiami Trail East
and approximately 4,000 feet east of Greenway Road in Section 7,
Township 51 South, Range 27 East, Collier County, Florida.
(PL20240001248)
14) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $690,732, which was posted as a
guaranty for Excavation Permit Number PL20230015778 for work
associated with Sandy Lane Assemblage.
15) Recommendation to receive and approve the 2024 Collier County
Repetitive Loss Area Analysis (RLAA) Study.
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16) Recommendation to award Invitation to Bid 25-8361, “Fencing
Installation and Repair Services for Collier County,” to Primary and
Secondary vendors - Atlas Door & Gate Inc., and McFarlane’s
Construction, Inc., and authorize the Chair to sign the attached
Agreements.
17) Recommendation to accept a $4,000 donation from Naples Elks
Lodge 2010 for enrichment toys to the Domestic Animal Services
Donation Trust Fund.
18) Recommendation to approve a Resolution superseding Resolution No.
2018-106, amending the Collier County Domestic Animal Services
(DAS) Fee Policy, as it relates to the authority of the Director of
Domestic Animal Services and reflecting the operating costs
associated with animal-related businesses and breeders, with an
effective date of November 1, 2025.
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to approve the award of Invitation to Bid (“ITB”)
No. 24-8281, “Immokalee City Sidewalks at Various Locations
(LAP),” to Coastal Concrete Products, LLC, d/b/a Coastal Site
Development, in the amount of $435,172.25, approve an Owner’s
Allowance of $50,000, and authorize the Chair to sign the attached
Agreement. (Project 33902, Fund 1841)
2) Recommendation to appropriate an additional $573,993 to the Collier
Metropolitan Planning Organization’s annual operating budget for FY
2025/26, and authorize the necessary Budget Amendment. (Fund
1841, Project 33908)
3) Recommendation to reinstate Agreement No. 21-7896,
Emergency/Disaster Related Stabilization and Recovery Services for
Roadway Signs, with Southern Signal and Lighting, Inc., ratify the
First Amendment effective as of the date of its administrative
approval, and approve a Second Amendment to Agreement retroactive
to September 14, 2025, by exercising the second renewal term through
September 13, 2026, with a 5% rate increase.
C. PUBLIC UTILITIES DEPARTMENT
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October 14, 2025
1) Recommendation that the Board, as the ex-officio Governing Board of
the Collier County Water-Sewer District, approve the revised pages to
Grant Agreement L0019 with the Florida Department of
Environmental Protection for the Palm River Public Utilities Renewal
Project Areas 3, 5, & 6. (Project 70257, Fund 4016 and Project 60234,
Fund 1841)
2) Recommendation that the Board, as the ex-officio Governing Board of
the Collier County Water-Sewer District, approve the revised pages to
Grant Agreement L0018 with the Florida Department of
Environmental Protection for the Naples Park Public Utilities
Renewal Project 103rd/104th Avenues. (Project 70120, Fund 4016 and
Project 60139, Fund 1841)
3) Recommendation that the Board, acting as ex-officio the Governing
Board of the Collier County Water-Sewer District, authorize an
increase in expenditures for the single source purchases of Odor
Control Products and Services from Evoqua Water Technologies LLC,
and approve the First Amendment to Agreement No. 24-032-NS,
"Odor Control Products and Services," by increasing the authorized
annual estimated expenditures under the agreement by $1,720,000 for
a not-to-exceed amount of $4,220,000 per Fiscal Year, removing and
adding items to the agreement, provide clarification language
regarding additional items and possible tariff reimbursements, and
authorize the Chair to sign the attached amendment.
4) Recommendation that the Board, as the ex-officio Governing Board of
the Collier County Water-Sewer District, award Request for Quote
under Agreement No. 20-7800 to Quality Enterprises USA, Inc., for
the Rehabilitation of Pump Station 308.06 project, in the amount of
$685,819, approve an Owner’s Allowance of $105,000, and authorize
the Chair to sign the attached Work Order. (Project Number 70141)
5) Recommendation to approve and authorize the Chair to execute
documents necessary for the conveyance of a Utility Easement and
Warranty Deed and Bill of Sale to the Collier County Water-Sewer
District for potable water infrastructure on County-owned property
located at the Resource Recovery Business Park (“RRBP”), at a cost
not to exceed $200.
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October 14, 2025
D. COMMUNITY SERVICES
1) Recommendation to approve and authorize the Chair to sign two (2)
mortgage satisfactions for the Housing and Urban Development
Neighborhood Stabilization Program in the amount of $60,360 for
those properties that have met their federal affordability requirement.
(Urban Improvement Grant Fund 1805)
2) Recommendation to approve and authorize the Chair to sign six (6)
mortgage satisfactions for the State Housing Initiatives Partnership
loan program in the amount of $162,500. (SHIP Grant Fund 1053)
3) Recommendation to approve and authorize the Chair to sign two (2)
mortgage satisfactions for the State Housing Initiatives Partnership
loan program in the amount of $33,000 due to the death of the
borrower(s). (SHIP Grant Fund 1053)
4) Recommendation to approve and authorize the Chair to sign
Community Development Block Grant Subrecipient Grant Agreement
#CD25-01 between Collier County and Big Cypress Housing
Corporation in the amount of $750,000 to fund the Big Cypress –
Main Street Village Roofing Rehab Project. (Housing Grant Fund
1835)
5) Recommendation to approve and authorize the Chair to sign the
Community Development Block Grant Subrecipient Grant Agreement
#CD25-02 between Collier County and Collier Health Services, Inc.,
dba Healthcare Network, in the amount of $290,000 to fund the
Marion E. Fether Medical Center HVAC Replacement Project.
(Housing Grant Fund 1835)
6) Recommendation to approve and authorize the Chair to sign three
U.S. Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) Subrecipient Grant Agreements
between Collier County and the following entities to support public
service activities: (1) Sunrise Community of Southwest Florida, Inc.
($59,588.10); (2) Housing Development Corporation of SW Florida,
Inc., d/b/a HELP ($125,000.00); and (3) Baker Senior Center Naples,
Inc. ($117,000.00). (Housing Grant Fund 1835)
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October 14, 2025
7) Recommendation to approve and authorize the Chair to sign the
Emergency Solutions Grant Subrecipient Agreement #ES25-01
between the Collier County Board of County Commissioners and The
Shelter for Abused Women & Children, Inc., to support Shelter
Operations and Personnel Salaries in the amount of $65,000. (Housing
Grant Fund 1835 Project 33949)
8) Recommendation to authorize a Budget Amendment to recognize
$126,907.07 in program income from Overnight and Investment
interest for the State Housing Initiatives Partnership Program Fiscal
Year 2024-2025 (SHIP Grant Fund 1053)
9) Recommendation to adopt a resolution authorizing approval of a
substantial amendment to Collier County's U.S Department of
Housing and Urban Development (HUD) Annual Action Plans for
Program Years (PY) 2023-2024 and 2025-2026 to reallocate $329,706
from PY2023 and $927,369.85 from PY2025 in Community
Development Block Grant (CDBG) funds to Collier County
Redevelopment Agency in the Bayshore Gateway Triangle
Community Redevelopment Area (BGTCRA) for a land acquisition
activity to align with timely expenditures and authorize the
submission of the substantial amendment to HUD. (Housing Grant
Fund 1835)
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to authorize routine and customary budget
amendments appropriating carry forward budget in the amount of
$11,666,503.67 for approved open purchase orders into FY 2026.
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for the trade-in disposal of property
that is no longer viable and remove capital assets from the County’s
capital assets records.
3) Recommendation to approve the administrative report prepared by the
Procurement Services Division for the disposal of property that is no
longer viable and remove capital assets from the County’s capital
assets records.
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October 14, 2025
4) Recommendation to accept the report for the sale of 7 items and
disbursement of funds in the amount of $18,175 associated with the
County surplus auction held on February 28 and March 1, 2025.
5) Recommendation to accept the report for the sale of 37 items and
disbursement of funds in the amount of $131,900 associated with the
County surplus auction held on June 20 and 21, 2025.
6) Recommendation to accept the report for the sale of 61 items and
disbursement of funds in the amount of $1,093,845 associated with
the County surplus auction held on April 25 and 26, 2025.
7) Recommendation to accept the report for the sale of 18 items and
disbursement of funds in the amount of $67,580 associated with the
County surplus auction held on August 22 and 23, 2025.
8) Recommendation to approve and ratify the Procurement Services
Division’s administrative report identifying unaccounted-for capital
assets with remaining net book values of $39,161.15 (FY23),
$3,366.56 (FY24), and $2,137.26 (FY25), and authorize removal of
these assets from the County’s capital asset records in accordance with
Florida Statutes Chapter 274 and CMA 5809.
9) Recommendation to approve the administrative report prepared by the
Procurement Services Division for various County Divisions’ after-
the-fact purchases requiring Board approval in accordance with
Procurement Ordinance No. 2025-34, and the Procurement Manual in
the amount of $107,500.51, and an emergency purchase in the amount
of $48,000.
10) Recommendation to continue to authorize expenditures through the
exemption from the competitive process to provide software products
for the County’s learning, development and performance management
processes, approve the Fifth Amendment to extend Agreement No. 16-
6621 with Cornerstone OnDemand, Inc., for five years, that includes
for the first year an amount of $159,875.09 and subsequent annual
price increases in the amount not to exceed 2.5%, and authorize the
Chair to sign the attached Amendment.
11) Recommendation to approve the Seventh Amendment to Agreement
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October 14, 2025
No. 20-045-NS Pharmacy Benefit Management Services Agreement
with Navitus Health Solutions, LLC, extending the agreement for an
additional year through December 31, 2026, resulting in an estimated
savings of $67,000, and to incorporate the BioSimilar Program into
the agreement, resulting in additional estimated savings of
$1,680,000.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to award Invitation for Qualification No. 24-8312,
“Roof Replacement Contractors,” to Crowther Roofing and Sheet
Metal of Florida, Inc., Advanced Roofing, Inc., Clayton Contracting
of SWFL, LLC, Atlas Apex Roofing, LLC, and Advanced Roofing &
Sheetmetal, LLC, and authorize the Chair to sign the attached
agreements.
2) Recommendation to award Request for Proposal No. 25-8350,
“Medical Director and Deputy Medical Director,” to James Augustine
as Medical Director and S. Sandoval, MD, LLC as Deputy Medical
Director, and authorize the Chair to sign the attached agreements.
3) Recommendation to approve the Fifth Amendment to the Radio Tower
Lease Agreement 787-C with Crown Castle GT Company LLC,
allowing for the installation of an additional microwave dish on a
communications tower located at 1899 Trade Center Way.
4) Recommendation to approve an Extension and Fifth Amendment to
the Interlocal Agreement between Collier County and the City of
Naples, governing the use of City of Naples beach parking facilities
and park and recreation programs, to September 30, 2027.
5) Recommendation to approve: 1) an after-the-fact payment of Pay
Application 1 in the amount of $92,604 due to an administrative error
in the compensation method for Tasks 5, 6, 9, 10, 12, and 13 of the
Pinecrest Lake 2-3 Restoration Project under Agreement No. 20-7800,
“Underground Contractor Services,” with Douglas N. Higgins, Inc., 2)
ratify administratively approved Change Order No. 1 for use of
Owner’s Allowance in the net amount of $8,942, and 3) approve an
after-the-fact payment of future pay applications associated with
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October 14, 2025
Change Order No. 1 due to itemized Time and Material proposal not
provided at the time of Work Directive approval.
6) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the Fiscal Year 2025-26 Adopted Budget.
7) Recommendation to adopt a resolution approving amendments
(appropriating reserves) to the Fiscal Year 2025-26 Adopted Budget.
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, approve a First Amendment to
Collier County Airport Authority Leasehold Agreement for Hangar
Construction with IMM Development LLC, related to its construction
of multiple aircraft hangars at the Immokalee Regional Airport, and
authorize the Chair to sign the Amendment.
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence October 14, 2025
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements in the amount of
$128,048,280.72 were drawn for the periods between September 11,
2025, and October 1, 2025, pursuant to Florida Statute 136.06.
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of October 8,
2025.
K. COUNTY ATTORNEY
1) Recommendation to reappoint two members of the Golden Gate
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October 14, 2025
Beautification Advisory Committee.
2) Recommendation to appoint Don Romoser and reclassify Ronald
Fowle and Sam Saad on the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board.
3) Recommendation to reappoint three members to the Affordable
Housing Advisory Committee.
4) Recommendation to reappoint two members to the Collier County
Citizen Corps.
5) Recommendation to appoint Danny Miller to the Infrastructure Surtax
Citizen Oversight Committee.
6) Recommendation to declare a vacancy on the Collier County Code
Enforcement Board.
7) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of Collier County Board of County Commissioners against
RTS of Broward Corp., d/b/a RTS Underground, and any other
responsible parties for $40,829.29 in damages caused to a 6’
wastewater force main in front of 3313 Europa Drive, Naples, Florida
and to sewer laterals located at 109, 124, and 215 Willowick Drive,
Naples, Florida.
8) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
Esperandieu Vilsaint, in the Small Claims Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, to recover damages
for the repair of Collier County property totaling $3,306.92, plus costs
of litigation.
9) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
Sierra Underground Corp. for $14,235.38 in damages caused to a
County-owned sewer lateral line and orange conduit on two separate
occasions and locations.
10) Recommendation to approve after-the-fact the filing of the lawsuit,
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October 14, 2025
Board of County Commissioners of Collier County Florida v. Bigi &
Bigi, LLC, Case No. 25-CA-2221, seeking specific performance of an
Agreement of Sale and Purchase, including Addenda and the First
Amendment thereto, of fourteen units within the “Court Plaza III”
located at 2671 Airport Road South, Naples, Florida, and approve the
costs of litigation.
11) Recommendation to approve a Stipulated Final Judgment in the
amount of $90,000 plus $23,129 in statutory attorney and experts’ fees
and costs for the taking of Parcel 1291FEE1 required for the
Vanderbilt Beach Road Extension Project No. 60249.
12) Recommendation to approve a Stipulated Final Judgment in the
amount of $90,000 plus $23,183 in statutory attorney and experts’ fees
and costs for the taking of Parcel 1291FEE2 required for the
Vanderbilt Beach Road Extension Project No. 60249.
13) Recommendation to approve a Stipulated Final Judgment in the
amount of $120,000 plus $22,589 in statutory attorney and experts’
fees and costs for the taking of Parcel 1355FEE required for the
Vanderbilt Beach Road Extension Project No. 60249.
14) Recommendation to approve a Stipulated Final Judgment in the
amount of $120,000 plus $22,530 in statutory attorney and experts’
fees and costs for the taking of Parcel 1357FEE required for the
Vanderbilt Beach Road Extension Project No. 60249.
15) Recommendation to approve a Stipulated Final Judgment in the
amount of $198,000 plus $49,918 in statutory attorney and experts’
fees and costs for the taking of Parcel 1329FEE 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.
16) Recommendation to approve a Stipulated Final Judgment in the
amount of $260,000 plus $18,953 in statutory attorney and experts’
fees and costs for the taking of Parcel 1465RDUE required for the
Vanderbilt Beach Road Extension Project No. 60249.
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October 14, 2025
17) Recommendation to approve a Stipulated Final Judgment in the
amount of $212,500 plus $55,121 in statutory attorney and experts’
fees and costs for the taking of Parcel 1367FEE required for the
Vanderbilt Beach Road Extension Project No. 60249.
18) Recommendation to approve a Stipulated Final Judgment in the
amount of $90,000 plus $24,569 in statutory attorney and experts’ fees
and costs for the taking of Parcel 1298FEE required for the Vanderbilt
Beach Road Extension Project No. 60249.
19) Recommendation to approve a Stipulated Final Judgment in the
amount of $81,000 plus $18,022 in statutory attorney and experts’ fees
and costs for the taking of Parcel 1281FEE required for the Vanderbilt
Beach Road Extension Project No. 60249.
20) Recommendation to approve a Stipulated Final Judgment in the
amount of $237,000 plus $37,876 in statutory attorney and experts’
fees and costs for the taking of Parcel 1351FEE required for the
Vanderbilt Beach Road Extension Project No. 60249.
21) Recommendation to approve a Stipulated Final Judgment in the
amount of $93,500 plus $23,816 in statutory attorney fees, expert fees,
and costs for the taking of Parcel 1305FEE required for the Vanderbilt
Beach Road Extension Project No. 60249.
22) Recommendation to approve and authorize the Chair to execute the
Second Amendment to the Collier County Legal Aid Agreement to
extend the term of the Agreement through October 22, 2030, with
automatic one-year renewal terms thereafter unless terminated earlier
by either party.
23) Recommendation to appoint the County Manager or her designee to
serve on the Collier County Community Alliance as required by
Section 20.19(5)(d), Florida Statutes.
L. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (Board)
acting in its capacity as the Community Redevelopment Agency
Board (CRAB) approve the submission of an electronic grant
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October 14, 2025
application submittal in the amount of $1,257,075.85 to the Collier
County Community and Human Services for Housing and Urban
Development (HUD) Community Development Block Grant (CDBG)
funds for the purchase of four Bay Street Properties.
M. TOURIST DEVELOPMENT
1) Recommendation to approve a request for reimbursement from the
City of Naples for FY 24/25 in the amount not to exceed $675,000
using tourist development tax funds for beach maintenance and
Lowdermilk Park parking lot maintenance, waive any irregularities in
the process, and make a finding that this expenditure promotes
tourism.
------------------------------------------------------------------------------------------------------------
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
------------------------------------------------------------------------------------------------------------
A. Recommendation to adopt an Ordinance amending the Collier County Land
Development Code to update the provisions related to the Rural Lands
Stewardship Area Zoning Overlay District (RLSA District).
[PL20220003445] (First of two hearings)
B. This Item requires that Ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 10-06, as amended, the Magnolia Pond
Planned Unit Development (PUD), to increase the number of dwelling units
from 231 to 550 with an Affordable Housing Agreement, to increase the
maximum building heights, to add deviations, and to revise the Master Plan;
and by providing an effective date. The subject property is located within the
Collier Boulevard Interchange Innovation Zoning Overlay (CBIIZO) and
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October 14, 2025
partially within the Wellfield Risk Management Special Treatment Overlay
Zones W-3 and W-4. The subject property, consisting of 47.05± acres, is
located on the north side of Interstate I-75, ½ mile west of Collier Boulevard
(CR 951), and is bisected by Magnolia Pond Drive, in Section 34, Township
49 South, Range 26 East, Collier County, Florida. [PL20240010833]
C. Recommendation to adopt a Resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
Fiscal Year 2024-25 Adopted Budget. (The Budget Amendments in the
attached Resolution have been reviewed and approved by the Board of
County Commissioners via separate Executive Summaries.)
D. Recommendation to adopt a Resolution approving amendments to
appropriate budget for unspent FY 2024-25 grant and capital project budgets
and roll over purchase orders to the Fiscal Year 2025-26 Adopted Budget.
E. Recommendation to adopt a Resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
Fiscal Year 2025-26 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
October 14, 2025
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN SAUNDERS: Good morning. The meeting of the
County Commission will come to order. We're going to start off, as
always, with an invocation, and we're pleased today to have Pastor
Glen Wiggins from the Seagate Baptist Church to lead us in the
prayer. And following -- immediately following that, we'll
have -- Kim Treadwill will lead us in the -- did I say that incorrectly?
I'm sorry. Mimi Treadway, I'm sorry. I was reading something else.
I apologize. Mimi Treadway will lead us in the Pledge. So if you'll
please rise.
Item #1A
INVOCATION GIVEN BY GLENN WIGGINS – SEAGATE
BAPTIST CHURCH; PLEDGE OF ALLEGIANCE GIVEN BY
MIMI TREADWAY – VETERANS DONATION CARDS PROJECT
PASTOR WIGGINS: Let's pray together. Our Father and our
God, we thank you for this day you've given us, another day to serve
you, another day for these on the Commission to serve you and the
people of Collier County here in our beautiful city of Naples and the
great state of Florida.
What I pray today, that you would grant these leaders wisdom as
they make decisions that will impact the citizens of this community.
I ask that you bless each person and authority and this council; would
you enlarge their influence for good and please, Dear God, place a
protective shield around them and their families. May everything
that's said and done in this meeting be guided by your divine hand
and empowered by your presence.
What I was thinking about, Benjamin Franklin once said during
the Continental Congress, "If a bird cannot fall to the ground without
October 14, 2025
Page 3
your notice, how can a nation rise without your aid?"
So, Dear God, I pray you guide these men, and I pray that your
hand would be upon them, direct their steps, their thoughts, their
words, that all might be done for the good of this community and for
the glory of God.
Lord, I want to thank you this morning for salvation that's
available in and through the Lord Jesus Christ. We pray all this in
the name which is above every name, the name of Jesus. Amen.
I want to thank all of you commissioners in a great way and for
all you've done and thank you for allowing me to just -- you said I
could say something I like, and I want you to know we pray for each
and every one of you on a weekly basis, and we appreciate what's
going on.
There's a great resurgence of faith coming back into
communities. Of course, we've seen that, of course yesterday, with
the historic peace deal that was brokered over in the Middle East, and
I just thank the Lord for what's going on and thank the Lord for you
men as well and pray for you and all those who serve our great
county.
COMMISSIONER LoCASTRO: Can it be a daily basis instead
of weekly? We might need it. We need daily.
PASTOR WIGGINS: For you, yes.
COMMISSIONER LoCASTRO: I'll take it. I'll take it.
CHAIRMAN SAUNDERS: Ms. Treadway.
(The Pledge of Allegiance was recited in unison.)
COMMISSIONER LoCASTRO: Pastor, make no mistake, they
all need it. I know stuff you don't. They all need it.
CHAIRMAN SAUNDERS: Mimi has been sending cards to
veterans for many, many years, and I want her to spend a few
minutes talking about what she does.
MS. TREADWAY: Thank you for giving me this opportunity.
October 14, 2025
Page 4
My daughter started this program. She's a United States Air Force
veteran. She started this program after-two-and-a-half-plus years at
James Haley VA. She became a quadriplegic from an accident.
Renee's project was done in our home, basically. We asked for
donated cards, and we sent them to several thousands of veterans in
VA hospitals, nursing homes, and clinics, and extras to the hospitals.
And, like, Cape Coral, we'll take gobs over there, and they pass them
out to everyone.
This project was born because Renee was a master yoga
instructor, and she was also a meditation trainer. Becoming a
quadriplegic, her life, she thought, was over. She kept asking me,
what's my -- what's -- what's my, "What do I do with the rest of my
life, Mom?"
Finally I said, "That is up to you."
That's when she began with this project, Mission: Christmas
cards for veterans: VA hospitals, nursing homes, clinics. Right now
we're looking at doing 10 states.
The VA -- unfortunately, my daughter passed away
December 25th, 2023, and -- two weeks after she mailed out 11,000
cards. Of course, she was very computer literate. The VA -- I love
the VA. They treated her like gold. They gave her everything she
needed to be able to function like a normal person. She was mind
over body, very intelligent.
So anyway, the VFW auxiliary, Post 7721 in Naples, took over
this project in honor and memory of Renee. And I couldn't be
happier. And I know Renee, in heaven, is probably just so tickled
that we continued her program to go on.
So hopefully this is -- I know I don't have time to talk about a lot
of it, but it is a very emotional story. And I have some handouts, and
they will be outside, and it will explain Renee's complete history.
And this last one was honoring a legacy in her name. And the next
October 14, 2025
Page 5
page tells things -- how we progressed and how we do this project.
Thank you, Lois Bolin, for inviting me, and thank you to all the
commissioners for allowing me to be here. It's been quite an honor.
CHAIRMAN SAUNDERS: And before you leave the podium
there, I think she's being a little bit modest. Their goal is to send out
30,000 cards this year. And I go over to the VFW occasionally, and
she'll be sitting there at a table filling out cards. When do you start
that process each year? Do you start --
MS. TREADWAY: This is year two for the VFW, and Renee
did it for five years prior. So this is year two for the VFW. Last year
I think we got around 20-some thousand out. This year we're looking
at hopefully 30,000 cards.
The cards are donated. We had to switch our process a little bit
to stamping the inside because writing in the inside was just not
going to work. So then with the schoolchildren, adults, any group in
the area that wants to write index card, this is the last -- this is the last
process. They're inserted in the middle. They're closed and sealed
with "In memory of Renee Whisner." And most of the hospitals
know her very, very well. She was at James Haley for years on and
off, and she was in Naples hospital years and years, you know, on
and off as a quadriplegic would normally be.
CHAIRMAN SAUNDERS: Well, thank you very much for
what you do.
MS. TREADWAY: Thank you so much.
(Applause.)
CHAIRMAN SAUNDERS: Ms. Patterson.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT, AND
SUMMARY AGENDA AS AMENDED (EX-PARTE DISCLOSURE
October 14, 2025
Page 6
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) – MOTION TO APPROVE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER HALL -
APPROVED AND/OR ADOPTED W/CHANGES
MS. PATTERSON: Commissioners, agenda changes for
October 14th, 2025.
First up we have Item 10A to be heard after the proclamations.
This is a request that the Board adopt a resolution expressing support
for designating October 14th, 2025, as the National Day of
Remembrance for Charlie Kirk.
Couple of agenda notes. A revised interlocal agreement for Item
11H was added after the agenda was initially published. A
scrivener's error was found in the purchase contract for Item 11B,
Section 2.01. Instead of stating "paid to Seller to Purchaser," it
should state, "paid to Seller by Purchaser."
Time-certain items. As earlier noted, Item 10A will be heard
directly after the proclamations. Item 11C will be heard at 10 a.m.
This is consideration to direct the Zoning director to sign the Florida
Housing Finance Corporation local government verification.
And Items 8A and 9A to be heard at 1 p.m. This is the Costco
zoning resolution waiver of minimum separation between fuel pump
facilities and Hacienda Lakes MPUD amendment to change the PUD.
We have court reporter breaks scheduled for 10:30 and again at
2:50.
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 one
ex parte, I think 17B, on the summary agenda. Other than that,
October 14, 2025
Page 7
nothing.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Good morning, Mr. Chairman.
I have no changes to the agenda. I do have correspondence and
calls on Summary Agenda 17B. And with that, I would like to just
make a comment. I'm not going to oppose this at all, but I do want to
make a comment regarding where we're moving in the future
just -- just because I can't talk to you-all without being in the public.
Three years ago rents were outrageous in this county. And, you
know, several of us ran on workforce housing and really felt like
affordable housing was a noble cause. And so we -- with good
intentions, we've drudged forward with that affordable housing
agenda and made some changes to our Growth Management Plan and
increased some densities and tried to make it easy -- easier for people
to -- for developers to build affordable housing.
However, in the beginning, I always said that capitalism always
works. You know, prices rise. Prices fall. And in 2023 and
2021 -- or 2020 to 2023, we didn't have the crystal ball, so we didn't
know what kind of market cap -- you know, what kind of capitalism
or market corrections might happen.
But in going towards smart growth, I don't want to be blinded as
well, because even with the good intentions of providing affordable
housing, the road to hell is paved with good intentions.
So I just want to bring some awareness of where the market is
right now with rents. And I want to just caution us that we don't just
go forward blindly approving projects with a small portion of
affordable housing that increases density unnecessarily. And the
reason why I say that is, since 2023, in the last three years, we have
approved 37 different zoning actions for housing. Nineteen of those
have had an affordable housing component. So overall, we've
approved 8,817 units of which 3,032 had an affordability component
October 14, 2025
Page 8
to that. That's 34 percent.
The market-rate rents on our -- on our income limits for our
affordability chart, at 100 percent AMI -- which we usually stick
somewhere between 80 and 120 is where our ranges fall. At the
100 percent, a two-bedroom house, the cap is $2,557 per month. At
the 80 percent mark, it's 2,046.
And in doing some market research, there's over 600
and -- today, currently, there's only -- there's over 600 units at less
than $2,247. $2,147 is one of the averages that we show in Collier
County for a two-bedroom apartment for rent, which another study
shows it's anywhere from 1,600 to that 2,200. But the point is, there's
a lot of units out there for rent that are cheaper than the market cap
that we set on the affordability rates.
And the reason why I bring this up is just so we don't get duped
into increasing density unnecessarily thinking that we're helping the
workforce when, in actuality, the market's already surpassed our
abilities or what we've set up as what we thought would be good.
And I just wanted to bring that up so that we don't increase density
thinking we're doing one thing when the market's already allowing us
the results that we desire anyway.
CHAIRMAN SAUNDERS: Thank you for that information.
It's very helpful. It certainly should give us some guidance as we go
forward on these.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Good morning, sir.
I have no changes, and on 17B, also disclosures on meetings,
emails, and calls.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have no changes and no ex
parte on summary or consent.
CHAIRMAN SAUNDERS: I have no changes. I do have some
October 14, 2025
Page 9
ex parte on Item 17B.
With that, we'll need a motion to approve the agenda and
consent agenda as amended.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER HALL: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
October 14, 2025
Item 10A to be heard after Proclamations: Request the Board adopt a Resolution expressing support for
designating October 14, 2025, as the “National Day of Remembrance for Charlie Kirk.” (Staff’s Request)
Notes:
• A revised Interlocal Agreement for item 11H was added after the agenda was initially published.
• A scrivener's error was found in the purchase contract for item 11B, section 2.01. Instead of stating “paid to
Seller to Purchaser,” it should state “paid to Seller by Purchaser”.
TIME CERTAIN ITEMS:
Item 10A to be heard after Proclamations: Request the Board adopt a Resolution expressing support for
designating October 14, 2025, as the “National Day of Remembrance for Charlie Kirk.”
Item 11C to be heard at 10:00 AM: Consideration to direct the Zoning Director to sign the Florida Housing
Finance Corporation “Local Government Verification.”
Item 8A & 9A to be heard at 1:00 PM: Costco BZA Resolution waiver of minimum separation between fuel
pump facilities and Hacienda Lakes MPUD Amendment change to the PUD.
10/13/2025 7:14 PM
October 14, 2025
Page 10
Item #2B, 2C, 2D & 2E
BCC BUDGET MINUTES FOR SEPTEMBER 4, 2025, AND
SEPTEMBER 18, 2025, REGULAR MINUTES FOR JUNE 24,
2025, SEPTEMBER 9, 2025
We have the minutes from the September 4, 2025, meeting; we
have the minutes from the June 24, 2025, meeting; and the minutes
from September 9th, 2025, and September 18, 2025. Are there any
questions or comments on any of those minutes?
COMMISSIONER McDANIEL: Make a motion for approval.
CHAIRMAN SAUNDERS: All right. We have a motion.
COMMISSIONER KOWAL: Second.
CHAIRMAN SAUNDERS: We have a second. The motion is
to approve all of the minutes that I just outlined. All in favor, signify
by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
We'll move on to proclamations.
MS. PATTERSON: Yes, sir.
Item #4A
PROCLAMATION DESIGNATING OCTOBER 2025 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER
October 14, 2025
Page 11
COUNTY. TO BE ACCEPTED BY LINDA OBERHAUS, CEO,
THE SHELTER FOR ABUSED WOMEN & CHILDREN.
MOTION TO ADOPT BY COMMISSIONER HALL; SECONDED
BY COMMISSIONER LOCASTRO - ADOPTED
Item 4A is a proclamation designating October 2025 as
Domestic Violence Awareness Month in Collier County. To be
accepted by Linda Oberhaus, CEO, the Shelter for Abused Women
and Children. Congratulations.
(Applause.)
MS. OBERHAUS: Good morning. I'd like to thank
Commissioner Saunders and members of the Board of County
Commissioners for recognizing National Domestic Violence
Awareness Month. I've put a card at each of your places so you can
see, here in Collier County, last year there were 1,572 calls to 911 as
a result of domestic violence. And if you look on the other side of
that card, it's estimated that it's costing our community more than
$38 million in medical, law enforcement, and to our local businesses.
Domestic violence is an epidemic both across our nation and
here in our community with one in three women experiencing
domestic violence during their lifetime and one in five teens
experiencing domestic violence as well.
We're deeply grateful for the many partnerships that make our
lifesaving work possible, including our local hospitals, local law
enforcement agencies, the Clerk's Office, and our State Attorney's
Office. Together, we're helping survivors find safety, hope, and
healing.
For more information about the events we'll be doing during
October for National Domestic Violence Awareness Month, the
community can visit our website at naplesshelter.org. Thank you.
CHAIRMAN SAUNDERS: Thank you, and thank you for
October 14, 2025
Page 12
everything you do.
MS. OBERHAUS: Appreciate it.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING OCTOBER 2025 AS
CHILDHOOD CANCER AWARENESS MONTH IN COLLIER
COUNTY. TO BE ACCEPTED BY DARREN NIEVES,
PRESIDENT & CEO, MINDS OVER TUMORS – MOTION TO
ADOPT BY COMMISSIONER HALL; SECONDED BY
COMMISSIONER LOCASTRO - ADOPTED
MS. PATTERSON: Item 4B is a proclamation designating
October 2025 as Childhood Cancer Awareness Month in Collier
County. To be accepted by Darren Nievis, president and CEO,
Minds Over Tumors. Congratulations.
(Applause.)
COMMISSIONER LoCASTRO: Man, you're a rock star.
Congratulations.
MR. NIEVES: Good morning, Commissioners.
CHAIRMAN SAUNDERS: Good morning.
COMMISSIONER LoCASTRO: Darren, I just want to say
something before you speak. Right here. Right here. Over here.
MR. NIEVES: I'm sorry. I'm sorry.
COMMISSIONER LoCASTRO: Listen, this young man
reached out to me really -- and all of us. And in the spirit of we're
about to present something in remembrance of Charlie Kirk, you're
following in those same footsteps. This young man has done more in
his short lifetime than maybe all of us in this room, you'd say, almost
together.
October 14, 2025
Page 13
You know, Google him. He is an incredible inspirational person
that took on a challenge and has had some issues but has turned it
into a real positive. And so what you're about to hear out of his
mouth and this proclamation that we gave today is all his efforts.
And look at -- look at this young man. This is the future of our
country right here. So I couldn't be more proud of you. Couldn't be
more proud of you.
MR. NIEVES: I appreciate it. Thank you.
(Applause.)
MR. NIEVES: Good morning. And, really, thank you,
Commissioner LoCastro, for making this happen, and all of you.
As most of you know, Childhood Cancer Awareness Month is
the previous month of September, but it means more than just a
month. No child should have to bear to deal with the cost and a
critical illness, and I believe it's something that needs to be
recognized past September, past October, and forever.
I'm the president/CEO of an organization called Minds Over
Tumors that works directly with children here in Southwest Florida
diagnosed with brain tumors, and it really started because of my
oldest sister -- and she's sitting actually here in the second row -- and
her battle with a brain tumor about four years ago.
And you could talk about a struggle for my family, but we're
really past that, and we're at the point where we're helping other
families. And I've been extremely blessed to be able to raise a little
bit over $45,000 so far in really the last three months to be able to put
forth our mission. And I really appreciate everything you guys do for
the families in Collier County and all the non-profits that allow us to
operate efficiently.
This is only the start, like you said, and we're looking forward to
closing this year at a six-figure year and really start helping out some
families. And it is a blessing to be able to do this every day and wake
October 14, 2025
Page 14
up and come to things like this. And I'm really appreciative for all of
your support. And you can find more information at
mindsovertumors.org.
So once again, I really appreciate it, and thank you all for your
time.
(Applause.)
CHAIRMAN SAUNDERS: Ms. Patterson, I guess we'll take a
motion on the proclamations and then go to Item 10A?
MS. PATTERSON: Yes, sir.
CHAIRMAN SAUNDERS: So we need a motion to approve
the proclamations.
COMMISSIONER HALL: I move to approve those
proclamations.
COMMISSIONER McDANIEL: Amen.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN SAUNDERS: We have a motion and one amen
and one second. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Then we move on to Item 10A.
COMMISSIONER LoCASTRO: When he says he's the
president and CEO, you Google this young man. He's got pictures
with famous people, and he's been all over the place. So it's a real
company. And I have no doubt you're going to hit six figures and
more.
October 14, 2025
Page 15
MR. NIEVES: Thank you.
COMMISSIONER LoCASTRO: So congratulations.
Item #10A
RESOLUTION 2025-218: A RESOLUTION EXPRESSING
SUPPORT FOR DESIGNATING OCTOBER 14, 2025, AS THE
“NATIONAL DAY OF REMEMBRANCE FOR CHARLIE KIRK.”
– MOTION TO APPROVE BY COMMISSIONER KOWAL;
SECONDED BY COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 10A.
This is a request that the Board adopt a resolution expressing support
for designating October 14th, 2025, as a National Day of
Remembrance for Charlie Kirk.
This item is brought to the agenda by Commissioner Kowal.
And once we hear this item, Commissioner Kowal has made a
request. He has someone that is going to speak after you've heard the
item.
COMMISSIONER KOWAL: Yes. And if it would be okay, I
know there's a couple other people here associated with the Turning
Point Organization, and maybe they can get a picture with the
resolution at the end.
MS. PATTERSON: Yes, sir.
COMMISSIONER KOWAL: Thank you.
CHAIRMAN SAUNDERS: All right.
Mr. Kowal -- Commissioner Kowal, did you have some individual to
receive the --
COMMISSIONER KOWAL: Yeah, I'm sorry. Do you want to
read it or -- first?
CHAIRMAN SAUNDERS: That's entirely up to you. If you
October 14, 2025
Page 16
want -- if you want to read it, that's fine, or Ms. Patterson can read it,
if that's your request.
MS. PATTERSON: Yes, I could read it if I actually had a copy
of it.
COMMISSIONER KOWAL: Oh, I'm sorry.
MS. PATTERSON: That's okay.
COMMISSIONER McDANIEL: I have it.
MS. PATTERSON: You caught me off guard.
COMMISSIONER McDANIEL: I don't know if I'm capable of
reading it.
COMMISSIONER KOWAL: I feel bad now because I didn't
bring my copy.
MS. PATTERSON: No, it's my fault for not thinking that I was
going to read it. I'm sorry.
CHAIRMAN SAUNDERS: Commissioner McDaniel, you have
a copy of it so you can read it?
COMMISSIONER McDANIEL: I'm reading it right here on
our agenda, sir.
CHAIRMAN SAUNDERS: But you'll need to read it out loud.
COMMISSIONER McDANIEL: Okay. I will read it out loud.
Whereas, Charlie Kirk was a champion of free speech, civil
dialogue, and faith; and,
Whereas, Mr. Kirk consistently promoted the values of
individual liberty, open debate, and importance of civil engagement
and the defense of constitutional principles; and,
Whereas, Charlie Kirk was recognized as one of the
leading -- excuse me -- leading voices among young leaders in these
United States creating opportunities for civic education, fostering
youth leadership, and promoting principles of liberty and democracy
across the United States; and,
Whereas, Mr. Kirk founded and served as the executive director
October 14, 2025
Page 17
of Turning Point USA, a non-profit organization of chapters across
the United States dedicated to educating students about the principles
of freedom, free markets, and limited government; and,
Whereas, Charlie Kirk authorized [sic] multiple national
best-selling books that engaged readers in critical conversations about
civics, culture, and the United States of America, the future of the
United States of America; and,
Whereas, through his writings, public speaking, and media
presence, Charlie Kirk reached millions of Americans and inspired a
generation of young people to participate in civic life and leadership;
and,
Whereas, Mr. Kirk's outreach in programs brought many young
people into the civic arena who otherwise might not have engaged,
including students who credit his work with motivating them to form
campus organizations, pursue public service, and study civics more
deeply; and,
Whereas, since his assassination on September 10th -- excuse
me -- 2025, there has been a notable surge of interest in applications
to establish Turning Point chapters and similar programs on college
campuses reflecting his continuing influence on youth civic
engagement; and,
Whereas, Mr. Kirk was widely appreciated for restoring
vigorous debate on college campuses and, in public life, reminding
Americans that disagreements should not preclude conversation and
encouraging citizens to consider differing -- differing perspectives in
good faith; and,
Whereas, although frequently associated with political debate,
Mr. Kirk grounded his public work and moral convictions that he
placed above partisanship. Those convictions guided his public
advocacy and steered his approach to debate and civic education;
and,
October 14, 2025
Page 18
Whereas, October 14th, today, is Mr. Kirk's birthday provided
an appropriate opportunity for citizens and institutions to
commemorate his life and the civic values he advanced.
Now, therefore, be it resolved by the Board of County
Commissioners of Collier County, Florida, that joins the -- No. 1, the
Board joins in support of a resolution and designates October 14th as
the National Day of Remembrance for Charlie Kirk;
Number 2, the Board recognizes Charlie Kirk for his
contributions to civic education, public discourse, youth leadership,
and moral advocacy. The Board encourages educational institutions,
civic organizations, and citizens within Collier County and these
United States to observe this day with appropriate programs,
activities, prayers, and ceremonies that promote civic engagement,
respectful debate, and the principles of faith, liberty, and democracy
that Mr. Kirk championed.
The Board commends the work of student leaders and civic
organizations who continue to advance the practices of open debate
and moral-based civic engagements that Mr. Kirk promoted. This
resolution dated by the majority vote, hopefully today. Signed
Commissioner Saunders as Chairman.
CHAIRMAN SAUNDERS: Commissioner Kowal, there are
probably several people that may want to speak on this, which is
appropriate. Do you have some comments before we open it up?
COMMISSIONER KOWAL: Yeah. I just wanted to, really
quick, just -- this was brought to my -- I mean, I had multiple,
multiple people reaching out, and just asking -- you know, because it
was such a tragedy that day, you know, what everybody witnessed,
and the amount of people that Mr. Kirk, you know, reached out to
and touched through his -- is just communication, basically. Just, you
know, his opinions, and especially with our future, which is our
young people today and on our college campuses and different places
October 14, 2025
Page 19
where he would go speak.
And he was just -- he would let people speak. And if you ever
watch -- you get the opportunity to watch some of these videos, and
he would just be fact based. You know, he would bring up facts.
He'd tell them, you know, his opinion about the facts and where they
lie, and you would see in some of these people's faces how they just
realized they've been being duped by, you know, the people they
trust.
And it set -- you can see in their faces that they realized that
maybe it's time to start looking at all sides of a subject, do your own
research, and be your own person. Just don't be led down the street
blindly just because somebody tells you they have an MBA or a, you
know, master's degree in something, whatever, or they're a professor
of some high-ranking college, that they're always right.
You know, everybody has their own opinion about something,
and the most educated person is a person who is willing to look into
anything on their own first and see the facts that lie out there that
sometimes are overlooked.
And I think he just -- he motivated people to think on their own,
and I think that was the biggest thing I saw that Mr. Kirk did on a
daily basis.
You know, these young people, they're very -- they're like clay.
They get molded very easily and duped into thinking certain things
one way or the other. And it's on all sides. I'm not trying to make
this, you know, one-sided. But reality is that that's so important that
our youth today stop, take a deep breath, and look at everything
they've got to deal with in life through their eyes and not through
another person's eyes and truly do their own research in life, because
then they come to a better conclusion, I believe, at the end of the day.
So I think Mr. Kirk was something that was out there that we
haven't seen in a long time. And the sad part, he died because of his
October 14, 2025
Page 20
opinions. And, you know, that's -- I think we lost a treasure moving
forward with his thoughts and his ability to communicate, especially
on that level with people -- you know what it's like nowadays with
our youth to communicate. You know, it's hard. But he had the
ability to do it in an open forum, and I think that's very special.
I've got an individual here today, Alex. He's standing over here.
Alex, why don't you come up to the podium and kind of introduce
yourself and tell you what -- your relationship with Mr. Kirk, and I've
got several other people in the audience who are associated with the
Turning Point. But I think we're going to try to do a picture at the
end if that's okay. I'll let Alexander speak.
Thank you, Alex.
MR. SCHNEIDER: Thank you, Dan Kowal, for inviting me.
Super important.
Good morning. My name is Alex Schneider. I'm a dedicated
conservative voice in our community. As a former Turning Point
action administrator for their Chase the Vote program up in
Wisconsin, I focused on mobilizing voters to secure a victory for
President Trump.
We gather in grief over the assassination of Charlie Kirk, a key
voice in our movement and a personal mentor to me. Charlie and I
shared a deep bond professionally through my work with Turning
Point where he guided me in grassroots activism and voter outreach,
and personally, as he inspired me to dive deeper into politics and
amplify conservative values.
Charlie wasn't just an activist. He was a devoted father, loving
husband, and mentor to countless other young patriots like myself.
We've seen the fire ignited with over 120,000 college and high
school chapter applications nationwide in the recent weeks, a
testament to the passion he inspired. Now is a time to rise up not
with violence but with words, speak up boldly, use your voice at the
October 14, 2025
Page 21
ballot box, and honor Charlie by doubling down on our principles.
I encourage each and every one of you to get involved with
Turning Point USA and Turning Point Action at tpusa.com. Together
we carry Charlie's torch forward. We are Charlie Kirk.
God bless you guys.
CHAIRMAN SAUNDERS: Thank you, Alex.
COMMISSIONER KOWAL: Thank you, Alex.
(Applause.)
CHAIRMAN SAUNDERS: Mr. Miller, anybody else registered
to speak?
(No response.)
CHAIRMAN SAUNDERS: Commissioner Kowal?
COMMISSIONER KOWAL: I only had Alex, actually, as a
registered speaker.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER KOWAL: If we can do a picture.
CHAIRMAN SAUNDERS: Absolutely. Anybody else that you
want to have come up?
COMMISSIONER McDANIEL: Do you want to make a
motion --
MS. PATTERSON: Motion to accept the --
COMMISSIONER KOWAL: Let's make a motion for --
COMMISSIONER LoCASTRO: Dan, you make it.
You go ahead and make it.
COMMISSIONER KOWAL: I make a motion to accept the
resolution.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER McDANIEL: And I'll give another amen.
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
October 14, 2025
Page 22
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
COMMISSIONER LoCASTRO: You're another rock star, man.
Keep going. Keep going.
CHAIRMAN SAUNDERS: There were some other folks that
were going to come up.
COMMISSIONER KOWAL: She waved it off. She's fine.
COMMISSIONER LoCASTRO: What do you mean you waved
it off? You don't get a wave-off.
(Applause.)
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Commissioners, that brings us to Items 7,
which is public comments.
MR. MILLER: We have two registered speakers for this item.
Your first speaker is Jay Kohlhagen. He'll be followed by Garrett FX
Beyrent.
MR. KOHLHAGEN: Jay Kohlhagen, for the record, 34112.
And doing nothing is something I won't do. I'm here today to
speak on this stopping of the aerial blanket spraying of Dibrom into
Collier County, the Collier County movement here.
On Tuesday, October 28th, many concerned residents will attend
the Collier County Mosquito Control meeting to speak out against
this aerial blanket spraying of Dibrom. What I mean by "aerial
October 14, 2025
Page 23
spraying" is what they do going back and forth hundreds of times.
I'm against that.
Dibrom is known -- a known toxin that threatens human health,
wildlife, and pollinators. Miami-Dade County, which operates one of
the largest mosquito control programs in the country, has not used
aerial Dibrom spraying since 2016. And the entire European Union
has banned Dibrom due to its health risk.
So when you spell Dibrom backwards, it literally reads
"morbid." They don't even try to hide it.
We're not asking to stop mosquito control. We're asking to
modernize it. Use targeted larvicide, new technologies, and focus
responsive -- responsible methods to protect the people, animals, and
the environment.
We do not consent to neurotoxins raining down over our homes,
gardens, and chicken coops. We cannot control -- we can control
mosquitoes without being carpet bombed with toxins from the sky.
Let's do this right. Let's be a little more like Miami-Dade by ending
this aerial assault.
Amen.
COMMISSIONER McDANIEL: Another amen.
MR. MILLER: Your next and final speaker for this item is
Garrett FX Beyrent.
MR. BEYRENT: Good morning, everybody. Thank you for
letting me speak today. I want to, first of all, thank Troy Miller. He's
the guy that actually converted what -- I didn't even know what this
thing was. It's a thumb drive. I went to Walgreens. I said, "I need a
thumb drive. What does that look like?"
"Sort of like your thumb" is what the lady told me. I said I want
to transfer some pictures of Mildred Hernandez, who I am -- actually
I am representing today. Mildred Hernandez is a gopher tortoise.
Now, gopher tortoises are upland species. They provide homes
October 14, 2025
Page 24
for all kinds of other animals. Unfortunately, in the development
business that I was in for 50, 60 years -- I forget the number because
I'm getting old. But the bottom line is is that many developments
bury their gopher tortoises if the gopher tortoises aren't discovered
and marked by the agencies responsible for that. And once the
agencies leave, nobody knows what's happening to the gopher
tortoises.
Now, gopher tortoises moved up the species of special concern.
I was working on them getting to be protected like eagles were.
They're, like, very valuable to the environment because they provide
homes for six other species. The rattlesnakes and now the rainbow
snake, they're all occupying tortoise burrows that are down in the
ground.
And the bottom line is, developers are still running them over
and still burying them. And when I first came here, we could
actually bury our gopher tortoises. And I said, "Well, what happens
if you bury them and they come up and there's a parking lot above
them and they can't get out?"
"Oh, they'll figure a way. They'll just dig their way out." And
they're being buried alive, and they're not being protected. And
there's many developments that are coming up now that are
high-density developments that are paving over virtually everything
they can.
And so in the future when projects come in front of you, this
is -- the other -- the slide -- I don't know how to do the other pictures
here. Have we only got one?
MR. MILLER: There was only the one.
MR. BEYRENT: There's only one. No kidding? So they didn't
get Mildred Hernandez. That's -- if you see in the center of that
picture, that's Mildred -- oh, there you go. This is an interesting one.
This is a 97-year-old reptile hatches four babies, becomes the oldest
October 14, 2025
Page 25
first-time mom of her species. She's a gopher tortoise. She lived in
Florida till she was 40 years old, and somebody in Florida sold her to
a Philadelphia zoo. And she lived -- well, she's 97 now, has four
babies. They're more important than we are. If you look at
their -- the species of us, we don't usually live to be 97 years old and
have babies. So I want everybody out there to be specially concerned
about the species of the gopher tortoise.
Thank you very much.
CHAIRMAN SAUNDERS: Thank you.
COMMISSIONER HALL: You should have named her Sarah.
MR. BEYRENT: Why?
COMMISSIONER HALL: Sarah had a baby when she was old.
Read your Bible there.
MR. BEYRENT: You're bringing up the Bible. I got it now.
I've got to read that book some day. It wasn't in my cellblock.
CHAIRMAN SAUNDERS: You better start. You're getting
old, like you said.
COMMISSIONER KOWAL: It was in there. They used to
hand them out.
CHAIRMAN SAUNDERS: Mr. Miller.
That's all? All right.
Item #5A
ANN MCLAUGHLIN ARTS – OCTOBER ARTIST OF THE
MONTH – PRESENTED
MS. PATTERSON: Commissioners, before we move along,
let's turn our attention to the back of the room for the Artist of the
Month. The October Artist of the Month is Anne McLaughlin,
executive director of the Collier County Metropolitan Planning
October 14, 2025
Page 26
Organization. She has a BA in art studio and an MA in architecture
from the University of New Mexico.
Since moving to Collier County 10 years ago, Ms. McLaughlin
has exhibited her art in various invitational shows and currently has
two paintings on display at the Kapnick Hall at the Naples Botanical
Garden.
Anne is inspired by lush vegetation, abundant greenery, and
bold bright flowers growing in profusion here in Southwest Florida.
Recently, she's discovered the creative possibilities of digital art and
is having fun experimenting with what she sees as a contemporary
take on an ancient technology involved in print-making.
With that, Commissioners, since we have a 10 o'clock
time-certain, maybe we can take a couple of our regular agenda items
ahead of that while we wait.
Item #11A
RESOLUTION 2025-219: A RESOLUTION REPEALING AND
REPLACING RESOLUTION NO. 2023-135, AS AMENDED BY
RESOLUTION 2024-212, BY MODIFYING THE UTILITY
PROJECT A-1 DESCRIPTION SET FORTH ON EXHIBIT A TO
ADD THE NORTHEAST INTERIM FACILITIES PROGRAM AND
WASTEWATER REGIONAL TREATMENT PLANT EXPANSION
PROJECTS AS ELIGIBLE PROJECTS TO BE FINANCED WITH
A LOAN UNDER THE FLORIDA LOCAL GOVERNMENT
FINANCE COMMISSION'S POOLED COMMERCIAL PAPER
LOAN PROGRAM, AND INCREASING AND AUTHORIZING
THE BORROWING OF A NOT TO EXCEED PRINCIPAL
AMOUNT OF $50,000,000 TO $200,000,000. THIS LOAN IS
SECURED BY A SUBORDINATE PLEDGE OF AND LIEN ON
THE NET REVENUES OF THE WATER AND SEWER UTILITY
October 14, 2025
Page 27
SYSTEM IN ACCORDANCE WITH THE TERMS OF THE LOAN
AGREEMENT AND AS PROVIDED IN THE RESOLUTION
APPROVING SUCH LOAN; AUTHORIZE EXECUTION OF THE
LOAN NOTE OR LOAN NOTES TO EVIDENCE SUCH
BORROWING; AUTHORIZE THE EXECUTION AND
DELIVERY OF OTHER SUCH DOCUMENTS AS MAY BE
NECESSARY TO EFFECT SUCH BORROWING; AND
AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS.
(CHRISTOPHER JOHNSON, DIVISION DIRECTOR -
CORPORATE FINANCIAL & MANAGEMENT SERVICES)
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER KOWAL
I'd recommend we start with Item 11A. This should be a quick
one. This is a recommendation that the Board of County
Commissioners, as the ex officio of the governing board of the
Collier County Water/Sewer District, approve a resolution repealing
and replacing Resolution No. 2023-135, as amended, by Resolution
2024-212 by modifying the Utility Project A-1 description set forth
on Exhibit A to add the Northeast Interim Facilities Program and
Wastewater Regional Treatment Plant Expansion project as eligible
projects to be financed with a loan under the Florida Local
Government Finance Commission's Pooled Commercial Paper Loan
Program, and increasing and authorizing the borrowing of a
not-to-exceed principal amount of $50 million to $200 million.
This loan is secured by subordinate pledge of and lien on the net
revenues of the water and sewer utility system in accordance with the
terms of the loan agreement and as provided in the resolution
approving such loan; authorize execution of the loan note or loan
notes to evidence such borrowing; authorize the execution and
delivery of other documents as may be necessary to effect such
October 14, 2025
Page 28
borrowing; and authorize all necessary budget amendments.
Mr. Christopher Johnson, your division director of Corporate,
Financial, and Management Systems, is here to present or answer
questions.
CHAIRMAN SAUNDERS: All right. First let me see, are there
and registered speakers on this issue?
MR. MILLER: There are not.
CHAIRMAN SAUNDERS: We've all been fully briefed on
this. Do we need a presentation or --
COMMISSIONER McDANIEL: Move for approval.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER KOWAL: I'll second that.
CHAIRMAN SAUNDERS: We have a motion and a second.
Any discussion on that? We're only spending 50 to $200 million, so
we should give it about --
COMMISSIONER KOWAL: Fifty dollars to 200 million?
CHAIRMAN SAUNDERS: Fifty million to 200 million.
COMMISSIONER McDANIEL: Carry on.
COMMISSIONER KOWAL: The low end.
COMMISSIONER HALL: I'm glad we've narrowed it down.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second to approve this. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously. Thank
you.
October 14, 2025
Page 29
MR. JOHNSON: Thank you, Commissioners.
COMMISSIONER McDANIEL: Great presentation.
Item #11B
AGREEMENT FOR SALE AND PURCHASE OF 3910
DOMESTIC AVENUE FOR PUMP REBUILD OPERATIONS,
INVENTORY STORAGE, AND PERSONNEL ACCOMODATION.
THE TOTAL COST FOR THIS TRANSACTION WILL NOT
EXCEED $4,525,000. (JIM DELONY, INTERIM DEPARTMENT
HEAD - PUBLIC UTILITIES) – MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: All right. Mr. DeLony can stay right there,
because we're going to take 11B. This is a recommendation to the
Board of County Commissioners acting as the ex-officio governing
board of the Collier County Water/Sewer District to approve an
agreement for sale and purchase of 3910 Domestic Avenue for pump
rebuild operations, inventory storage, and personnel accommodation.
The total cost for this transaction will not exceed $4,525,000.
Mr. Jim DeLony, your department head for Public Utilities, is
here to present or answer questions.
MR. DeLONY: Good morning, Commissioners. Jim DeLony,
Public Utilities, for the record.
Troy, if you'd put up the second slide, please, sir.
We're here today to make the following recommendations to the
Board. I have a briefing prepared, but I'll stand by for your questions
in lieu of the briefing, if that's what you prefer, Mr. Chairman.
CHAIRMAN SAUNDERS: All right. Well, again, we've all
been briefed on this individually. Are there any questions?
October 14, 2025
Page 30
COMMISSIONER HALL: I do have a comment.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: I do have one question. In the
current Shirley Street place --
MR. DeLONY: Yes.
COMMISSIONER HALL: -- that we occupy that we've
outgrown --
MR. DeLONY: Yes, sir.
COMMISSIONER HALL: -- do we have any idea of what the
market value of Shirley Street is?
MR. DeLONY: No, I do not.
COMMISSIONER HALL: I'd like to find that out so that we
can look at selling that property --
MR. DeLONY: Yes, sir.
COMMISSIONER HALL: -- getting it back on the tax rolls and
perhaps using what that money brings us to go toward the new
purchase.
MR. DeLONY: Now, this -- and if I may, sir, I agree.
Absolutely, we'd like to get out of that position, placed in another
position. The problem is this property is not a substitute. It's not
near large enough to accommodate that operation.
COMMISSIONER HALL: Oh, I agree. I mean, I understand.
MR. DeLONY: But I agree with you 100 percent. We are in
pursuit for an alternative location for that particular function being
collections for the wastewater department as well as moving some
assets out of our Mercantile location to give us some additional room
for our water distribution department. So in conjunction with the
plan I briefed you back in July, all this is in motion to do exactly
what you said. Shirley Street does play in that. Worst place in the
world to try to get out and take care of utilities. I lose a lot of
productivity time just getting on and off Pine Ridge Road or J&C
October 14, 2025
Page 31
Boulevard, trying to move forward.
COMMISSIONER HALL: I know. And I'm probably behind
you when you're trying to make that left-hand turn.
MR. DeLONY: Yes, sir, you probably are. Yes, sir. You
probably are.
Did I answer your question, sir?
COMMISSIONER HALL: Yes, sir. Thank you.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
You know, Jim, this may be slightly off topic, but it's not.
We are so lucky to have you --
MR. DeLONY: Thank you, sir.
COMMISSIONER LoCASTRO: -- back here. Ms. Patterson
strongly recommended bringing you back here on an interim basis.
And in the short time you've been here, I can't state -- overstate how
much of a help you've been to --
MR. DeLONY: Thank you, sir.
COMMISSIONER LoCASTRO: -- me in my district. You
know, we've had some emergencies and, you know, you answer
emails on a Saturday morning just the same way I write them. You
answer phone calls. You've got your staff pointed in a positive
direction.
MR. DeLONY: Thank you.
COMMISSIONER LoCASTRO: So I don't care if you're
interim or not. I look at you as "the guy," and I can see why you
were so highly thought of, you know, before I was ever a
commissioner.
MR. DeLONY: Thank you, sir.
COMMISSIONER LoCASTRO: So keep at it. Keep your folks
inspired. There's a lot that's on your plate that sometimes is invisible
to the public until something explodes on their street. Then you're
October 14, 2025
Page 32
the most important guy in the world.
But I just wanted to just say thank you --
MR. DeLONY: Thank you, sir.
COMMISSIONER LoCASTRO: -- especially recently over the
last, you know, few weeks or so. You've been very responsive, and it
hasn't gone unnoticed. So thank you.
MR. DeLONY: Thank you, sir. I've got a great team.
COMMISSIONER LoCASTRO: You do.
MR. DeLONY: And I appreciate very much those comments.
COMMISSIONER LoCASTRO: And a great leader.
MR. DeLONY: And I'll take it back to them.
COMMISSIONER LoCASTRO: Yes, sir. Thank you.
MR. DeLONY: Thank you, sir.
COMMISSIONER McDANIEL: Move for approval.
CHAIRMAN SAUNDERS: Any other questions or comments
from the Commission?
(No response.)
CHAIRMAN SAUNDERS: Any registered speakers?
COMMISSIONER McDANIEL: Move for approval.
CHAIRMAN SAUNDERS: Then we need a motion.
COMMISSIONER McDANIEL: I -- move for approval.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN SAUNDERS: We have a motion and a second.
All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
October 14, 2025
Page 33
CHAIRMAN SAUNDERS: That passes unanimously.
MR. DeLONY: Thank you, Mr. Chair.
CHAIRMAN SAUNDERS: Thank you.
Item #11E
TO PLEDGE 50% OF THE FUNDS FOR ACQUISITION OF THE
SEMINOLE GULF RAILWAY CORRIDOR WITHIN COLLIER
COUNTY (UP TO $6,890,830) AND PROVIDE STAFF
DIRECTION ON THE TRUST FOR PUBLIC LANDS REQUEST
OF A PLEDGE OF 100% OF THE ACQUISITION COSTS (UP TO
$13,781,660). (TRINITY SCOTT, DEPARTMENT HEAD -
TRANSPORTATION MANAGEMENT SERVICES
DEPARTMENT) – MOTION TO APPROVE BY COMMISSIONER
HALL; SECONDED BY COMMISSIONER KOWAL - APPROVED
MS. PATTERSON: Commissioners, we're going to jump down
to Item 11E, because 11D's going to require probably more time than
the 15 minutes we have until 10.
This -- 11E is a recommendation to pledge 50 percent of the
funds for acquisition of the Seminole Gulf Railway corridor within
Collier County, up to $6,890,830, and provide staff direction on the
Trust for Public Lands request of a pledge of 100 percent of the
acquisition costs, up to $13,781,660.
Trinity Scott, your department head for Transportation
Management Services, is here to present or answer questions.
CHAIRMAN SAUNDERS: Good morning.
MS. SCOTT: Good morning. I leave to the Board of whether
or not you'd like a full presentation. I believe we have maybe a few
public speakers on this item -- one -- as well.
CHAIRMAN SAUNDERS: All right. Commissioner Hall.
October 14, 2025
Page 34
COMMISSIONER HALL: Thanks, Trinity.
You know, we've got the breakdown of the funding option in the
different areas and the recommendations from CCLAC. Could you
let us know what the other options are as well as using Conservation
Collier money or tourism funds or --
MS. SCOTT: So I presented to CCLAC, the Conservation
Collier Land Acquisition Committee, several options with regard to
the corridor, one of which was participation by CCLAC on multiple
segments of the corridor, not just those that were immediately
adjacent.
In the peach area that's on this map, there is a cell tower, and
that particular property is not immediately adjacent to Conservation
Collier owned property, and then obviously, we have the green area,
which is the roadway.
Other sources of funding that we would entertain that could be
for the remaining what we call the other portion could be General
Fund dollars. We could entertain other sources of funding. We
haven't utilized tourism dollars for this type of initiative in the past,
and it would need to go through TDT and through all of those
appropriate channels before we could entertain that, to determine if it
were even eligible.
COMMISSIONER HALL: And then with the Conservation
Collier funds, would it be possible to purchase all of it except for the
highway portion?
MS. SCOTT: That would be a Board decision.
COMMISSIONER HALL: Okay. I bring this up because
there's a lot of moving parts to this purchase, and this goes -- this trail
goes all the way up to Sarasota.
And Estero is part of it. City of Bonita is part of it. Lee County
is considering it. It's really bad timing for them right now with all of
the airport stuff that they have to deal with. But this is just,
October 14, 2025
Page 35
like -- less -- right less than two miles of the BERT trail for us, and it
would connect the Paradise -- the Paradise Coast Trail all the way up
to Sarasota if we could pull this off.
And this project is going to need prayer. There's -- you know,
it's a lot of money, and all of the stars have to line up, plus more than
that, to really get this thing off. But if we can pull it off, I think it
would be a real benefit to Southwest Florida as far as having a quality
bike trail, pedestrian trail, connecting all kinds of things.
CHAIRMAN SAUNDERS: Mr. Miller, do we have any
registered speakers?
MR. MILLER: We have two, sir, one here in the room and one
on Zoom.
CHAIRMAN SAUNDERS: All right. Let's go through that.
MR. MILLER: Your first registered speaker is Deborah Orton,
and she'll be followed on Zoom by Michelle Avola Brown.
MS. ORTON: You stole my thunder. You basically said the
things that I'd like to say.
My name is Deb Orton. I am president of a large non-profit.
We have 4,000 members in Collier and Lee County, and it is friends
of this rail-to-trail trail project. We affectionately call it BERT.
Last week we had a chance to be boots on the ground in the
Collier County portion. And you can think about it as a rail-to-trail,
but you can also think about it as the acreage that it represents. It is
so wide and beautiful in that two miles that is Collier County. It buts
up against Conservation Collier lands, et cetera. So it is really wide;
160 feet wide at that point.
So our experience we had, we brought a film crew in there, and
it was really amazing walking that and doing video, et cetera, of that
land.
So we walked as far as we could, and we stopped at a place
that -- where we know that Veterans Memorial Parkway would go
October 14, 2025
Page 36
through and likely would put a trailhead there. And then, of course,
we also witnessed the gopher tortoises, et cetera, that are there and on
Conservation land.
So to Commissioner Hall's point, this is where we connect. This
is the part that we connect to the Paradise Coast Trail all the way
down to Marco Island. This is where we connect in Lee County and
Charlotte County and Manatee all the way up, Sarasota, and then all
the way up to Tampa. This is the gap that the State of Florida sees in
order to make a realization of Tampa to Marco Island, and maybe
more important to all of us is into Naples, up to Fort Myers, and all
the way down into our latest Florida Gulf Coast -- I'm sorry -- latest
Florida Trail Town, which is now Marco Island. They were, last
week, named as a Florida Trail Town.
So thank you so much for considering this.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next and final speaker joins us on Zoom,
Michelle Avola Brown.
Michelle, you're being prompted to unmute yourself, if you'll do
so at this time. I see you have. Michelle, you have three minutes.
MS. AVOLA BROWN: Well, good morning. Sorry I can't be
there in person, but I appreciate the opportunity to speak about this
important project.
When we have the Paradise Coast Trail on the ground, that will
provide 100 miles of paved separated trail for walking, for biking, for
rollerblading, for taking dogs on a walk, for pushing kids in a stroller,
for folks in wheelchairs to be out and enjoy the beauty of Southwest
Florida, and that will be really nice for Collier County, but we really
need this connection with the Bonita/Estero rail trail so that we can
then be part of this incredible 420-mile system, the Florida Gulf
Coast Trail.
The two miles that is in Collier County, you know, it may seem
October 14, 2025
Page 37
insignificant, but it's pivotal. And this connection here, where the rail
line has been basically abandoned, this has -- this area will have one
of the greatest opportunities to be one of the most beautiful parts of
our trail. A lot of our trail is going to be parallel to roadways.
And while it will be safer, not all of it necessarily will be
aesthetically pleasing to those walking or biking near it. But this
section, especially, will be -- you know, will be just so pretty. And
with the area still being able to be conserved and then enjoyed by
sustainable kind of users, not vehicles going through here, that’s just
-- that just adds so much to it.
So I would humbly ask that you do support the recommendation
of both Trust for Public Lands and Trinity Scott to fund this at the
full capacity so the Paradise Coast Trail can then be the gateway to
the whole rest of the Gulf Coast Trail.
CHAIRMAN SAUNDERS: Thank you.
Commissioner Hall, you may be the only bicycle enthusiast on
the Board, so do you have a motion?
COMMISSIONER HALL: I'll make a motion to approve this
request.
COMMISSIONER KOWAL: I'll second it.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any discussion?
(No response.)
CHAIRMAN SAUNDERS: All those in favor, signify by
saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
October 14, 2025
Page 38
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
COMMISSIONER McDANIEL: Am I not lighting up?
CHAIRMAN SAUNDERS: Yes, sir. Sorry.
COMMISSIONER McDANIEL: That's okay. That's okay. I
just -- I did have a question --
MS. SCOTT: Sure.
COMMISSIONER McDANIEL: -- and then a comment.
And the question was, the funding for this only comes from us
in the event that the trust acquires the land for acquisition, No. 1;
No. 2, rest assured that there is railbanking associated with the
acquisition of this right-of-way in the event that greater technology
comes about and we can have multiple uses for this facility.
MS. SCOTT: You are correct on both accounts, sir.
COMMISSIONER McDANIEL: Somebody write -- oh, you
already wrote that down. Okay. Very good.
MS. SCOTT: I'm sure it will be the only time today, though.
COMMISSIONER McDANIEL: Oh, hmm.
CHAIRMAN SAUNDERS: Ms. Patterson, do we have time for
one more quick item?
MS. PATTERSON: Yes, sir.
Item #11F
THE FALL TRUCK HAUL BEACH RENOURISHMENT
PROJECT AND AUTHORIZE TOURIST DEVELOPMENT TAX
EXPENDITURES FOR THE VANDERBILT BEACH
RENOURISHMENT SCHEDULED FOR NOVEMBER 2025,
WITH AN ESTIMATED PROJECT COST OF $5,500,000; AND
MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM
(PROJECT 90066). (THIS ITEM IS A COMPANION TO 11.G.)
October 14, 2025
Page 39
(ANDREW MILLER, MANAGER - COASTAL MANAGEMENT
PROGRAM) – MOTION TO APPROVE BY COMMISSIONER
KOWAL; SECONDED BY COMMISSIONER HALL - APPROVED
Item #11G
AWARD INVITATION TO BID (“ITB”) NO. 25-8417, “COLLIER
COUNTY - 2025 VANDERBILT & PELICAN BAY BEACH
RENOURISHMENT,” TO DICKERSON INFRASTRUCTURE,
INC., IN THE AMOUNT OF $4,450,000.00, AUTHORIZE THE
CHAIR TO SIGN THE ATTACHED AGREEMENT, AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM. (THIS
ITEM IS A COMPANION TO 11.F.) (ANDREW MILLER,
MANAGER - COASTAL MANAGEMENT PROGRAM) –
MOTION TO APPROVE BY COMMISSIONER KOWAL;
SECONDED BY COMMISSIONER HALL - APPROVED
I think we can knock out the two companion items for the
beaches. That is Item 11F and 11G. Item 11F is a recommendation
to approve the fall truck-haul beach renourishment project and
authorize tourist development tax expenditures for the Vanderbilt
Beach renourishment scheduled for November 2025 with an
estimated project cost of $5,500,000, and make a finding that this
item promotes tourism.
Its companion is a recommendation to award Invitation to Bid
No. 25-8417, Collier County 2025 Vanderbilt and Pelican Bay Beach
Renourishment, to Dickerson Infrastructure, Inc., in the amount of
$4,450,000, authorize the Chair to sign the attached agreement, and
make a finding that this item promotes tourism.
Mr. Andrew Miller, your manager of Coastal Zone
project -- Coastal Zone Management, is here to present or answer
October 14, 2025
Page 40
questions.
CHAIRMAN SAUNDERS: First, do we have any registered
speakers, Mr. Miller?
MR. MILLER: No.
CHAIRMAN SAUNDERS: All right. Perhaps just a very
brief --
MR. ANDREW MILLER: Very brief. Item 11 is for the
public -- public portion of the project of Vanderbilt Beach, which is
eligible for TDC funding. That's a project that is going to be around
five and a half million dollars. Item G is for the actual contract to
build Vanderbilt Beach and Pelican Bay. And we hope to start the
project in a couple weeks and be done hopefully by Christmas or
shortly thereafter.
CHAIRMAN SAUNDERS: All right. How much sand will be
deposited on these beaches?
MR. ANDREW MILLER: It's -- I believe it's around -- let's see.
100,000 yards on Vanderbilt and then 44,000 yards on Pelican Bay.
CHAIRMAN SAUNDERS: All right. Any questions or
comments? Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I just want to alert -- I
was reviewing the bid -- I don't have any issue with the first item, but
I just want to -- I want to alert the Clerk with regard to the bid
package that went out on this. There was a local vendor that didn't
get this job for less than 100,000, and there was a large disparity in
the bid package with regard to the represented costs associated with
the contractor that was selected. And I just want to make sure that
we don't have somebody coming in here and doing a change order
and eliminating a local vendor over someone that theoretically
underbid it during that process.
MR. ANDREW MILLER: And point well taken, sir, and we
have -- our consultant and staff has vetted -- the contractor --
October 14, 2025
Page 41
COMMISSIONER McDANIEL: And I'm not questioning any
of those things. Please understand, I'm not questioning that particular
process. It just -- for the -- for the edification purposes, because this
is a state and federal subsidized beach renourishment program, it
eliminates the local vendor preference process that would typically
allow us to assert one of our local vendors.
And so when I was reviewing it, there was large disparities in
some of the bid processes, expenses associated, that allowed them to
beat the local vendor by less than -- right around 100,000. So I just
don't want this job to cost an extra 200,000 some day and have
eliminated someone else because of a change order.
MR. ANDREW MILLER: Understood, understood, and we're
going to keep a close eye on them, because that's the last thing we
want on this project is any change orders.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
Yeah, I had a similar concern, Andy, that if you see a change
order bubbling up or, you know, one of those special meetings where
the current vendor says, "Oh, my gosh, you know, in our assessment,
there's three things we just discovered," and now all of a sudden, you
know, we're paying quite a bit more than even the vendors who didn't
get it. I want to know that. I want that -- I don't want to find that out
by accident.
And, No. 2, different question, but, you know, you are literally,
quote, knee deep in sand, you know. I mean, you are the sand guy.
The last time we approved some beach renourishment due to storms
and things like that, one of the things that you said at the podium is
how much effort you had gone through to find us, like, the best
possible not only contractor, but the best cost per truckload or
whatnot. Just for my own curiosity -- because I actually get this
question answered by a lot of -- or asked by a lot of people on Marco.
October 14, 2025
Page 42
The going rate of sand, what -- the sand that you use, how are
you seeing it fluctuating? Because one -- the last time you were here,
I think, you were like, "Hey, it's actually pretty competitively priced,
and we found a really good deal that we hadn't found before." So just
generically -- because it's a big purchase -- what's the market for the
sand that you use -- because we use a lot of it -- as far as the price
point goes?
MR. ANDREW MILLER: Well, the only information I have is
this contract for the sand that we purchased this year has been a
contract that we've used for the last several years, and it's $11 a ton
and it has been since then. And they haven't increased their price,
even though they have the opportunity to do so.
The prices for sand during the emergency berm project were
slightly higher. So give or take, it's well within the range that we
expect.
COMMISSIONER LoCASTRO: Okay. Yeah, that's what I was
curious about. Because I know at times it spikes, and then, ooh, that's
a big number.
Okay. Thank you, sir.
CHAIRMAN SAUNDERS: All right. Thank you.
COMMISSIONER KOWAL: Make a motion.
CHAIRMAN SAUNDERS: Let's go ahead and do a motion for
both of them.
COMMISSIONER KOWAL: I'll make a motion to approve.
COMMISSIONER HALL: I'll second.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second to approve Item 11F and 11G. All in favor, signify by saying
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
October 14, 2025
Page 43
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. ANDREW MILLER: Thank you.
Item #11C
THE ZONING DIRECTOR TO SIGN A FLORIDA HOUSING
FINANCE CORPORATION “LOCAL GOVERNMENT
VERIFICATION THAT DEVELOPMENT IS CONSISTENT WITH
ZONING AND LAND USE REGULATIONS” FORM IN
ACCORDANCE WITH FLORIDA STATUTES 125.01055.
(CORMAC GIBLIN, DIVISION DIRECTOR - ECONOMIC
DEVELOPMENT & HOUSING) – MOTION TO APPROVE WITH
A REDUCTION TO 105 UNITS BY COMMISSIONER
LOCASTRO; SECONDED BY COMMISSIONER HALL –
APPROVED
MS. PATTERSON: Commissioners, that brings us to our
10 o'clock time-certain, Item 11C. Item 11C is a recommendation to
consider directing the Zoning director to sign a Florida Housing
Finance Corporation "Local Government Verification that
Development is Consistent with Zoning and Land Use Regulations"
form in accordance with Florida Statutes 125.01055.
Mr. Cormac, your division director for Economic Development
and Housing, is here to begin the presentation.
MR. GIBLIN: Good morning, Commissioners. Cormac Giblin,
for the record.
I'm here to present a recommendation to consider directing the
October 14, 2025
Page 44
Zoning director to sign the -- a form that is needed for financing for
affordable housing. It's a unique request. It's one that has not been
before you yet. It's to use your zoning powers that are authorized
through State Statute 125.01055.
I want to go through a little bit about what is State Statute
125.01055, and it says that -- this law is known as the State's
affordable housing law. It has several clauses and paragraphs. This
Paragraph No. 6 has been amended from time to time. It was initially
put into state law in about 2020/2021 time frame. This precedes the
Live Local Act, as it's known.
And what it says is that notwithstanding any other law or local
ordinance or regulation to the contrary, the Board of County
Commissioners may approve the development of housing that is
affordable on any parcel zoned for commercial or industrial use so
long as at least 10 percent of the units included in the project are for
housing that is affordable and also that the provisions of this
subsection are self-executing and do not require the Board of County
Commissioners to adopt an ordinance or regulation before using the
approval process in this subsection.
This has been described in the past by some housing
practitioners around the state as sort of a magic wand, that every
board that the county has, that if you see a particular site and the
conditions are right and you have a particular development model in
mind, you can use the power of that statute to zone it, to grant it any
density you wish, to grant it any -- any development standards that
you wish. So it gives that power to you. And we have a request
today from a developer who would like you to consider using that
power.
This is the site that's in question. It is off of Golden Gate
Parkway near the -- near the intersection of Golden Gate Parkway
and Goodlette Road. It's directly -- almost directly across the street
October 14, 2025
Page 45
from Naples High and the Coastland Center. You'll notice on the
slide that most of the slide is grayed out. That is City of Naples
jurisdiction. What is in color is Collier County jurisdiction. So you
can see that this site is maybe a little bit of a hole in the donut
surrounded by city lands.
More specifically, it is 2.03 acres currently zoned C-4. The
developer also has the adjoining 0.61 acres that are in the City of
Naples, but those are -- those would not be part of any development
application or approvals that he would be asking from Collier
County. I believe the future plan for that triangle at the end would be
to remain green space.
And zooming out a little more, you can see how it interplays
with the current parcel next to it also zoned C-4. It's known as the
Iberia Bank building. It's on an adjoining 2.65 acres. If this were all
in one development similar to a PUD or a commercial PUD
development, we wouldn't be having this conversation. They would
have other avenues available to them. But since each parcel -- each
of these is its individual parcel each zoned C-4, that's where we are.
You might be familiar with the site, the way it's looked for the
past few years. It's the former home of the Strikes and Spares
Bowling Alley that was around for a long time. Again, it sits right in
front of the Iberia Bank multistory office building.
For a little more context and -- you can see how it relates to the
mall, to the high school. There's a shopping center with a Publix.
And, notably, there are no residential neighbors anywhere around this
area. You're bordered by the Freedom Park, by the large commercial
office building, and basically the Naples Greenway.
Here it is again, and you can see how it relates to the City of
Naples and the rest of the job and employment opportunities that are
around -- less than two miles from here, be it the hospital or other
areas.
October 14, 2025
Page 46
What they're asking you to do is to use the power in that statute
to grant them the development [sic] to authorize 120 affordable units
to be built on this site. They've caveated that request with a few
conditions. Number one is that they will comply with all applicable
provisions of code and other laws.
Number two, they will be in strict compliance with the parking,
setbacks, and buffer requirements set back in the RMF-16 zoning
district.
The AMI levels for the proposed project will be as is shown in
the chart below. And, Commissioner Hall, to your point earlier this
morning, this project is proposed to be 100 percent affordable with
81 percent of the overall units under 80 percent of median income
and, further, 65 percent of the overall units under 60 percent of
median.
Your point was well taken this morning that targeting those units
at the 100 percent of area median income is really almost competing
with market rate in this area. And as you recall, a couple weeks ago
when we updated some of our housing policies in the Growth
Management Plan and the LDC, that was our suggestion to you is
that it's time to start looking to target something deeper. This project,
I think, does a pretty good job of doing that.
The affordability commitment will remain for a period of 30
years in their proposal, and it's -- this request is only approving the
density and the number of units. The details will be worked out
through a developer agreement that will still need to go through the
full public process in Collier County, through the Planning
Commission and through a further approval by the Board of County
Commissioners.
The reason the developer is here is because they need this form
signed by the Zoning director before October 27th, which is the
funding deadline to get to the State for housing tax credits financing.
October 14, 2025
Page 47
And by signing this form, you would be authorizing the Zoning
director to say that the undersigned local government representative
confirms that as of the date this form was signed, the
above-referenced development's proposed number of units, density,
and intended use are approved pursuit to Section 125.01.055,
Paragraph 6, Florida Statutes.
And that's the -- that's a briefing of what the -- what the ask is
from the representatives. I believe that Mr. Davies and his client are
going to further -- give you a little bit more further background on it.
CHAIRMAN SAUNDERS: All right. Commissioner LoCastro,
do you want to hear from Mr. Davies before you --
COMMISSIONER LoCASTRO: Yeah, I'll wait. Thanks.
MR. DAVIES: Thank you, Mr. Chairman. Good morning,
Commissioners. For the record, Noel Davies with the law firm of
Davies Duke on behalf of Gallery at Naples, LLC.
Alex Molina, my client representative, is also here this morning.
First and foremost, my client and I want to thank all of you and
your staff for allowing us to present this item today. A special thank
you to Madam County Manager, Mr. County Attorney, Trinity Scott,
Jamie French, Mike Bosi, Cormac Giblin, Heidi Ashton-Cicko. We
are extremely appreciative of your help and collaboration on this
item. We wouldn't be here without your support and without your
creative thinking under the statute that Cormac mentioned, and we're
very grateful for those efforts.
As you heard from Mr. Giblin, this item relates to 1465 Golden
Gate Parkway. It contemplates a 100 percent affordable housing
project with the diverse AMI levels that you heard about from
Mr. Giblin and, of course, that chart includes the very low categories
of the AMI chart.
As you heard from Mr. Giblin, the only way my client can take
the next step on this potential project is to apply for the financing
October 14, 2025
Page 48
with the State. That deadline, as you heard, is October 27th, and the
application will not be accepted by the State unless Zoning Director
Bosi signs the required verification form.
So that is our request this morning, for you to provide
preliminary authorization only so that we can apply for our financing,
then come back through your process sometime next year if we are,
in fact, awarded the financing.
To be clear, a yes vote on this item is not a vote of the approval
on the project. A yes vote simply authorizes Mr. Bosi's signature on
the subject document. Without that signature, the project dies,
because without the financing my client would be unable to provide
the diverse AMI levels that Mr. Giblin described.
Again, the statutory support for all of this is found in
Section 125.01055, Subsection 6. A copy of that is in your backup
for this item. You heard about the proposed AMI levels that we're
committing to.
These, again, importantly, speak to not just the 80 percent level,
but you'll see here the significance of the lower categories and the
significant portion of the project that would be dedicated to that.
Again, this is not a project with a percentage of affordable housing
and the rest market rate. This is proposed to be a 100 percent
affordable housing project with these levels.
We believe that the subject property is an ideal location for this
type of project. As you heard from Mr. Giblin, it's isolated from
other residential development, parks to the north and south, and
nearly 30,000 jobs within a 2-mile radius, including two schools,
Naples High and Lake Park Elementary, NCH, the Coastland Center
Mall, and a number of additional employment centers, many of which
are walkable from this site.
Having a 100 percent high-quality affordable housing project at
this location and with these proposed AMI levels would certainly
October 14, 2025
Page 49
help mitigate our ongoing affordable housing crisis here in Collier
County, and we're asking you today to allow us to take that first step
for this potential project so that we can apply for the financing and
come back through your formal public-hearing process.
And with that, I'd now like to invite my client, Alex Molina, to
share some additional thoughts with you. Again, thank you very
much, Commissioners. We appreciate the opportunity to present this
item to you today.
CHAIRMAN SAUNDERS: And as Mr. Molina is approaching
the microphone, I have a question for the County Attorney.
The statute says that the commissioners may approve the
development. It may have been a little bit inconsistent with some of
the comments from our staff.
If we approve the signing of this document, we're talking about
a request for 120 units on the parcel. At this point I don't have any
issues with that, but the question is, does that in any way vest in the
property owner the right to do the 120 units, or does that whole issue
come back, and does the Board have discretion to deal with the
density issues and that sort of thing at a future date? And if we do,
what is that process?
MR. KLATZKOW: The rub on this is the --
MR. MILLER: Turn the microphone on.
MR. KLATZKOW: The rub on this is the certification that
they're requesting, and under the certification, Mr. Bosi would be
certifying that they're consistent with our land-use regulations. So
the rezone issue is off the table. I believe your affordable -- your
density's off the table after this. It's -- if we authorize Mr. Bosi to
sign this, it's -- at that point in time, it's Site Development Plans, that
sort of thing.
CHAIRMAN SAUNDERS: So that zoning right would vest on
this --
October 14, 2025
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MR. KLATZKOW: Pretty much.
CHAIRMAN SAUNDERS: -- parcel?
MR. KLATZKOW: Just based on the certification.
CHAIRMAN SAUNDERS: Okay. I just wanted to make sure
we're -- I kind of got that feeling from Cormac Giblin, but I did not
quite understand that in your comments. So I just wanted to make
sure that we're here on the record.
MR. DAVIES: Thank you, Mr. Chairman.
If I may, you also heard from Mr. Giblin we're agreeable to
these additional conditions. So I think the statute does -- the statute's
very discretionary and broad. It allows you to approve the 120 units.
What I'm telling you today is that in addition to that, which is -- that's
the very first step. We need to get the financing. If we don't have
that, we can't get the financing, the project dies.
But we are committing to you to come back through your
process if and only if we're awarded the financing, which is still an if,
but we can't do it without this piece; that we'll come back to discuss
the density, development standards, everything else, but the
commitments that Mr. Giblin read, which is us coming back to you
and through the process, including committing to the RMF-16
standards, the density. The additional density is required for
that -- for that form to go through the financing process, but that's
still subject to future hearings with this board on that issue and other
issues.
CHAIRMAN SAUNDERS: Mr. Klatzkow, does that give us
comfort in terms of what our flexibility is going forward?
MR. KLATZKOW: Yes, sir. By consideration, it says you can
conditionally approve this, and Mr. Bosi would note on the
certification that this was conditionally approved; that they're still
going through the rezone process.
CHAIRMAN SAUNDERS: Okay. And the conditional
October 14, 2025
Page 51
approval will be sufficient?
MR. DAVIES: Well, no. The document has to be signed
because it's a State form that --
CHAIRMAN SAUNDERS: No, no. I know the document has
to be signed.
But you indicated something that --
MR. KLATZKOW: It's a certification. I mean, it's -- Mr. Bosi
would be certifying that, at the end of the day, it conforms to local
land-use regulations. So I -- that's the rub on this.
CHAIRMAN SAUNDERS: Yep.
MR. DAVIES: Sir, if I may, there's an "or" on the form, right?
And Mr. Giblin walked you through this. Here's the -- here's the
statute. Let me pull up the form from his.
Do you have yours on here?
CHAIRMAN SAUNDERS: If you could put that form on the
visualizer --
MR. DAVIES: Put it on the visualizer.
CHAIRMAN SAUNDERS: -- so we can all see it.
I just wanted to make sure we -- on the record we're clear on
what we're approving.
MR. DAVIES: Yes, Mr. Chairman. So this is the form. "The
undersigned local government representative confirms that as of the
date this form was signed, the above-referenced development's
proposed number of units, density, and intended use, one, are
consistent with current land-use regulations and zoning"
designations -- "zoning designation, or, two, are approved pursuant to
Section 125.01055(6), Florida statutes." That's the "or" that we're
here about today that gives the Board discretion to authorize the 120
units on the property.
CHAIRMAN SAUNDERS: Mr. Klatzkow, while we're going
through the comments and questions from the Commission, if you
October 14, 2025
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could --
MR. KLATZKOW: Your problem is the certification. Mr. Bosi
would be certifying that these 120 units are consistent with local
land-use regulations and the zoning designation that this is
commercial property. So unless the Board changes it from
commercial to residential, Mr. Bosi really can't sign it.
MR. DAVIES: Well, the -- but the Board has authority under
the statute to authorize those number of units because of the
commitments that this is an affordable housing project. That's what
the statute allows you to do.
MR. KLATZKOW: Again, the problem is the language of the
certification is clear.
CHAIRMAN SAUNDERS: Okay. So if we approve this, we're
approving 120 units on that parcel if the financing's available and the
project goes forward?
MR. KLATZKOW: Yes.
CHAIRMAN SAUNDERS: I just want to be clear on the record
as to what we're doing.
MR. KLATZKOW: Or you could conditionally approve it, but I
don't know that the State would accept that.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I think -- I think this
discussion is about as clear as mud now because we're all -- we're all
concerned about the same thing. Whenever we approve density or a
number of units, it's a much more robust discussion where we talk
about ingress and egress and height, and, you know, Commissioner
Hall chimes in with some affordable housing concerns or issues. We
all do.
The way I understood this -- and that's where you say maybe
this is sort of a gray area -- is I'll never hold -- I say "never," but in
this particular case, I don't want to slow down the process of at least
October 14, 2025
Page 53
asking for the funds, and if you don't get the funds, then we'll never
see you again; this thing's dead in the water. But if tied to asking for
those funds is we already give a flat agreement to 120 units and all
the other details that go with it, that's normally not how we do it. We
hear a whole presentation here from our staff, and what are the pluses
and minuses. We have public comment, people that maybe don't live
across the street but traverse these roads that, you know, we want to
hear from them as well.
So I just want to make sure this isn't -- and we spoke in my
office, and much like, I think, Commissioner Saunders said at the
beginning, initially I was like, this isn't a showstopper to me. And
I'm not saying it is, but I want to make sure we're not just wrapping
this in a package and putting it in the express lane.
So that's why when I heard the County Attorney say, "it's
conditional approval" -- and maybe words matter. What I'd be
comfortable with is, "Yeah, I get what you're proposing and plus or
minus, you know, we'll -- but you're going to come back with a
deeper dive when you get the money."
And we all might sit up here and say, "You know what, now that
we've heard from public comment, now that we've heard from our
engineers, now that we've heard from FDOT, now that we've heard
from our housing folks, 120 is excessive," and so then we have a
conversation about this.
But if we're tied to 120 by Mr. Bosi signing this, I think all of us
are going to have some reservations, because normally when we
approve density and the number of units and whatnot, it's a much
different presentation.
And so I don't want this to just automatically carry -- you know,
get tied to the money request. And so I think we've got to have the
right verbiage. And maybe we even need to hear from Mr. Bosi,
because if his signature's going on this, in the end, he's giving this the
October 14, 2025
Page 54
green light or not the green --
And I can appreciate, Mr. Davies, what you're saying, "Oh, we'll
be back, and we're -- you know, we've got some latitude to negotiate
back and forth," but, you know, I don't want to make the mistake to
hold this document up and go, "No, we're sticking to the 120 just like
you signed and agreed to on October 14th," so...
MR. DAVIES: And, Commissioner, let me be very clear, we
are not holding you to the 120.
COMMISSIONER LoCASTRO: I know, but does the
document hold us to that? You might not, but that's where the
County Attorney said a few things that have me concerned that the
document might hold us to that. You know, whether you are going to
be a nice guy and come back here -- and maybe you've got some
latitude, which is great, but I don't want the legal document to hold us
to that, because I want to do a much deeper dive when it comes to
density and units. I just want to give you the ability to pursue the
money, and then if you get the money, then you come back, and then,
okay, we have our normal type of presentation.
So I'm still not clear that this document gives us the latitude to
still -- still have a -- have the ability to negotiate the numbers and the
units and whatnot.
MR. DAVIES: Yes. The statute which is referenced in the
document is what gives you that latitude and that discretion. I have --
MR. KLATZKOW: But your problem is you're asking for
funding which requires a certification, and that certification is clear
that we are authorizing 120 units and that it's consistent with the
current land-use designation. That's what the certification says.
MR. DAVIES: The certification says it's consistent with the
statute, approved under the statute. That's where the "or" comes in
after the "consistent with current land-use regulations and zoning
designation."
October 14, 2025
Page 55
MR. KLATZKOW: You're on the one above. I'm just on the
certification by Mr. Bosi.
CHAIRMAN SAUNDERS: Yeah. It does say that "I certify
that the city/county of Collier has vested in me the authority to verify
consistency with local land-use regulation and zoning designations."
There is an "or" there. Okay. That's not relevant.
COMMISSIONER LoCASTRO: Because let me ask this -- can
I just finish my initial thought? If we approve this -- and this is more
of a hypothetical, because I'm trying to understand the legalese in
here -- and you went for the money based on this, you know, 120
units, blah, blah, blah, and you got the funds but then you came back
here and, just for the sake of argument, we say, "You know what, we
don't -- we think 120 is too large of a footprint. We're going to only
approve" -- and just for the sake of this argument I'm going to use,
you know, sort of, you know, numbers that are going to jump out at
you -- "we're only going to approve 80 units."
Then maybe you getting the funds are not -- are not authorized
because you got the funds for the 120, but then you came back here
and we changed that number. And so then the State might go,
"Whoa, whoa, whoa. You know, we gave you millions of dollars for
120 for a project that looked like this, but then when you came and
negotiated with commissioners, they changed the parameters of what
your ask was."
And I just want to, you know, ask the attorneys in the room here,
does that negate the money, then, that you got from the State because
on your application the final result wasn't what was on the
application? That's what I'm concerned about.
And what -- you know, when we talked briefly in my office
yesterday -- and I think you spoke with probably most of the
commissioners -- I hadn't really thought of it that way, which was the
specificity in this application ask, if any of it changes, does it negate
October 14, 2025
Page 56
the approval of the money you get from the State? And I think they
both have to sort of be married together.
So we either have to be comfortable with the 120, or if our
County Attorney says, "No, you have the latitude. It's a conditional
approval" -- but I think a lot of times the money is tied to such
specificity that, you know, if that's the case, we better be sure that
this density -- and I think this is in Commissioner Kowal's district,
right?
COMMISSIONER KOWAL: Yes.
COMMISSIONER LoCASTRO: This is right on the edge, so
he may know a little bit more about -- or have some more thoughts.
But, you know, we do a much deeper presentation when we approve
density and number of units, and we get into traffic and all that kind
of stuff. So I just want to make sure all that doesn't go away because
it's -- all of that is tied to this application.
MR. DAVIES: Yeah. None of that goes away. There's still a
future process that we have to go through if we get awarded the
financing. And the 120 is up to 120, and you'll see there, it says,
"This number must be equal to or greater than the number of units
stated by the applicant in the Exhibit A of the" --
COMMISSIONER LoCASTRO: I know, but what if it's less
than?
MR. DAVIES: That would be -- that would be the maximum.
COMMISSIONER KOWAL: One twenty is the maximum.
MR. DAVIES: It could be less than.
COMMISSIONER LoCASTRO: Greater than --
MR. KLATZKOW: Equal or greater.
COMMISSIONER LoCASTRO: This says, "Equal or greater,"
so that doesn't make sense. If it said -- if it said, "This is the max
number," da, da, da, and it could be less than, you know, if it was that
kind of verbiage, but I actually don't think that bottom sentence helps
October 14, 2025
Page 57
us because it says, "This number could be equal or greater." So if we
go, "You know, 120's not enough. We want 220," I think the money
still holds, but I'm just --
MR. DAVIES: No, no, no.
MS. PATTERSON: No.
COMMISSIONER LoCASTRO: No?
MR. DAVIES: This number must be equal to or greater than the
number of units stated by the applicant. The point of this form is that
it's a -- it's a certification that the density is available on this property.
It would be the maximum density. We're not necessarily asking for
that density, but you've got authority to --
COMMISSIONER LoCASTRO: This outlines the maximum
density, but it's not saying that that's what your project's going to be;
is that what you're saying?
MR. DAVIES: Yes.
COMMISSIONER LoCASTRO: You know, to make me
comfortable -- and then I'll -- there might be other people left -- I
want to hear those sentences from the County staff.
MR. DAVIES: Sure, sure.
COMMISSIONER LoCASTRO: You know, so I want to hear it
from Mr. Giblin or Mr. Bosi or our County Attorney, because -- and
not to say you're not -- I'm not saying you're not being truthful, but I
want it echoed by our staff that we're not bound to this 120, that if
this 120 is tied to the money and we change the 120 in any way, it
might negate you getting funds. So that's -- I think that's what we're
all asking in a different way here.
MR. DAVIES: Understood. Thank you.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I'll wait for staff. My
question's specifically for Mr. Bosi.
CHAIRMAN SAUNDERS: Mr. Bosi, why don't you come on
October 14, 2025
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up while we're --
MR. GIBLIN: I can perhaps answer Commissioner LoCastro's
question.
This is the maximum that you would be authorizing on this site.
Their state application could propose 116 units, 100 units, 90 units,
anything less than 120.
If they were approved for state funding at a number and then at a
later date this board decided that, due to operational
characteristics -- I mean, every project needs to be viable through the
Site Development Plan process. You can't -- just because you're
zoned for 120 units, there are times when you cannot operationally fit
120 units with parking and ingress/egress, traffic, preserves,
set-asides, water management. So all of those restrictions that you
have in your code still would apply to this. So the 120 may be
unachievable anyway once they got into the Site Development Plan
process.
COMMISSIONER LoCASTRO: And it wouldn't change the
money they got from the State so --
MR. GIBLIN: So that was the second point I was going to
make.
COMMISSIONER LoCASTRO: Okay.
MR. GIBLIN: That would be between them and the State.
COMMISSIONER LoCASTRO: Right.
MR. GIBLIN: They -- I know that there is a little bit of
flexibility. And perhaps, you know, the client can come up here later
to talk about what those are, but there are penalties by the State if you
say you're going to do one thing but later you need to adjust it and do
less. There are ways to get through there, but it does create a
problem between them and the State that they would need to work
out.
CHAIRMAN SAUNDERS: All right. Commissioner
October 14, 2025
Page 59
McDaniel, anything for Mr. Bosi?
COMMISSIONER McDANIEL: It hasn't changed from --
CHAIRMAN SAUNDERS: All right. Mr. Bosi.
Commissioner, did you have a question for Mr. Bosi?
COMMISSIONER McDANIEL: I did. Yes, now that he's here.
What was prohibiting this applicant from applying under the
Live Local Act to go forward? This property's already underlying
zoning of C-4.
MR. BOSI: Mike Bosi, Planning and Zoning director.
The applicant is seeking a density of roughly 60 units an acre.
The Live Local that has been discussed with the Board of County
Commissioners, the maximum allowed density we would allow under
Live Local is 25 units an acre. So he can't attain the number of units
that they're seeking within this application utilizing the Live Local,
which allows the applicant to skip the public-hearing process.
This process under 125 allows the Board of County
Commissioners to approve a project at any density if it contains
affordable housing. So there was -- and still under Florida Statute
125, but the -- the ability to increase the density beyond the 25 that's
set at Live Local is the process that they're seeking, so that's why
they're going this route and not the traditional Live Local.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
Mr. Klatzkow, if -- this 120 units, if it says that the number of
the units or the density or the intended use are consistent with the
regulations and zoning and are approved pursuant to
Section 125 -- and Section 125 says that we may approve it. It
doesn't say that we have to approve it.
MR. KLATZKOW: Again, like was said before, this is a magic
wand. I mean, the Board could bypass everything and approve this.
Your problem -- your problem right now here is the certification, not
October 14, 2025
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the statute.
COMMISSIONER HALL: So if we certify this form --
MR. KLATZKOW: Then you're 120 units, and --
COMMISSIONER HALL: -- we're pretty well sticking our feet
to the fire for the 120?
MR. KLATZKOW: Yeah, and you're saying that it's consistent
with the current land-use regulations, which means you'd have to, as
part of your motion, change it.
COMMISSIONER HALL: Are we allowed to modify the
language in this document to go to the State?
MR. KLATZKOW: Again, I don't know if the State would -- I
don't know how the State would view that.
COMMISSIONER HALL: Yeah. I mean, I would be
comfortable if there was a clause that says this certification by no
way binds us to any density or any number of units allowable in the
future that may come with this project. If we could put that language
in there, I would be comfortable with it. But listening to what you're
saying is a little bit different than the way that I understood. I
understood it like Mr. Davies said. If we sign this form, we're in no
way bound to it. But listening to what you say, if we certify this, then
we kind of are.
And so if we had some kind of language in there that would take
us off the hook -- I don't mind them asking for financing, but I don't
in any way -- I'm never going to agree to 120 units. I said that to
them yesterday, and I mean it today. Even 43 percent of the mix is
still basically at market rate from 80 percent to 110 percent regarding
my comments earlier.
So if we can modify it, I think I'm fine with it. If we can't, then I
don't want to bind us in any way.
MR. DAVIES: I'm happy to do some sort of separate agreement
or document that memorializes what I'm telling you about going back
October 14, 2025
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through the process and that you're not bound by the 120. I think as
a -- as a ministerial matter with the --
CHAIRMAN SAUNDERS: Wouldn't that create a
problem -- wouldn't that create a problem for you with the State?
You're sending a certification that says X, and you're giving us a side
agreement that says Y? I think I don't want to put you in that
position. I don't think you can do that.
Mr. Bosi -- and, you know, when I met with you guys, I had no
issues with this, but I thought we could all come back on the number
of units, and so that's what's got me a little hung up.
But, Mr. Bosi, let's just say that the Board votes to do this, we
just simply say, "Okay, we're going to authorize the signature," it's
your certification, and your certification would be that this is
consistent with the land-use regulations and the zoning designation.
If we said, "Okay, go ahead and fill out the form," you're the one
that's under oath. Are you going to sign it? I mean, am I --
MR. BOSI: If directed to sign the documentation that this was
the number of units that was available, from my understanding, that
there was going to be some conditional phrasing that was going to be
added to that to provide a little, I don't know, flexibility. But if it is
certifying that this 120 is available, I'm being asked by -- I'm being
directed by the Board of County Commissioners to perjurize
(phonetic) myself.
CHAIRMAN SAUNDERS: Right. Well, I'm assuming you
wouldn't want to do that, so...
MR. BOSI: I mean -- that's not a position that -- I'm most
certainly a team player for the County, but that is most certainly an
extraordinary ask.
COMMISSIONER LoCASTRO: Mike, you need an attorney
right now to represent you at that podium. Stop talking.
CHAIRMAN SAUNDERS: Mr. Molina, did you have -- I'm
October 14, 2025
Page 62
sorry. We're not going to be able to really resolve this in a positive
way for you right now. And I know you've got a deadline before
October 27th, or something like that, and we don't have another
meeting.
MR. DAVIES: Yes, sir.
CHAIRMAN SAUNDERS: Let me make a -- I'm just going to
throw out a suggestion that you talk to our County Attorney during
our lunch break. Let's put this off till the end of our regular meeting,
continue this today for later on today so that you have an opportunity
to talk with the County Attorney and discuss what your certifications
would be, because I think right now, if we vote right now, you're
going to get a no vote, and there may be some way to resolve this.
That would be just a suggestion.
Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
And, Mr. Bosi, you know, we've talked. This is -- we've had a
lot of conversations in reference to this. Like I said, I told, I think,
Jamie that day on the phone call that I would never ask you to put
yourself in that position. And later in the day I was recontacted and
said that, you know, something was -- the language was not going to
be the issue that would put you in the position that you perjure
yourself. But now sitting here today, I'm getting -- everybody's
rereading this thing, and everybody's coming up with different
opinions on what we're doing here, and the sad part is -- the reality, I
would never ask you to perjure yourself for a project.
CHAIRMAN SAUNDERS: Now, I might ask you to do it,
but --
COMMISSIONER KOWAL: Well, I'm just -- me, I wouldn't.
CHAIRMAN SAUNDERS: I'm just kidding.
COMMISSIONER KOWAL: We do have to get a lot of clarity
on this moving forward because this is not what I was comfortable
October 14, 2025
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with leading up to today. You know, that was not what I was, you
know, agreeing to support.
But at the same time, we've done these forms before, like, for
Rural Neighborhoods and, you know -- and I don't know how many
units. They got 500-some units on their piece of property. But don't
they, like, take consideration, the whole golf course is part of their
property, and that's how they get their density under the 25?
MR. BOSI: Again, Mike Bosi, Planning and Zoning director.
Yeah, I've signed this form numerous times for a number of our
affordable housing projects for their financing, and it's a process
where I will go. I'll certify what's the zoning designation, what's the
allowance from a density perspective, and certify that that's the
number of units that are available.
So it's not uncommon for me to author -- or sign this on behalf
of the County. This is just a unique circumstance just because of the
conditional language that I think --
COMMISSIONER KOWAL: The reason I'm going in that
direction is because, like I said, I know other projects that are
building on a certain footprint, like our golf course project, our VA,
you know, they don't actually occupy the whole golf course, but they
kind of utilize that footprint in getting their density to stay under the
25 per acre.
Now, I'm just going to run -- throw something out there. We
had that -- Cormac had the other picture of the actual property
footprint, the whole triangle, and from what I understand, I think -- I
believe the bank owns all the property, and that's who they're
purchasing it from.
MR. DAVIES: Yes, sir.
COMMISSIONER KOWAL: So it would be -- it wouldn't be
hard for them -- I don't know. It's on their end to negotiate, but if
they included the bank's footprint, their footprint, the City's footprint,
October 14, 2025
Page 64
and included all that acreage, they would actually be under the 25
units per square foot [sic].
MR. DAVIES: 22.69.
COMMISSIONER KOWAL: So I think that's what -- you
know, there could be a creative way they can go at this where we
could sign this letter today, but I don't -- you know, I'm not
comfortable if it's the way -- the way it's coming out, transpiring
today, this is not what I was signing on for. So I want some clarity,
and I hope they take the Chairman's recommendation and try to
figure something out here for --
MR. DAVIES: And, Commissioner Kowal, Mr. Chairman, you
know, if I may, happy to speak with the County Attorney further and
come back later to you today.
I want to make it very clear for the record that there is -- there is
no intent for Mr. Bosi to -- or you to authorize him to perjure himself.
I mean, I -- I know that we're sort of joking about that. I think that's a
gross perversion of the language of the document, quite frankly.
So I -- perhaps Mr. Klatzkow and I are reading it differently.
We will go speak about that and try to -- I mean, I appreciate the
creative thinking. Of course, what we're trying to do is have a
sufficient application for the State, because the State does have a very
strict interpretation of that and strict sufficiency requirements. So we
want to get the form signed, but we certainly want to get it in a way
that you're comfortable authorizing the form.
If the form -- if the form doesn't get signed today, it's a deadline
that, you know, I don't set, that the State sets. Project's dead. It's a
phenomenal project and a phenomenal site with phenomenal AMI
levels.
And so I will absolutely speak with your County Attorney and
come back before you. But I would urge you to consider giving us
this shot to go get the financing, and then memorialize however we
October 14, 2025
Page 65
can to make sure that you're comfortable that we'll see you again on
the density issue, and you get a full and true bite at that apple.
We are not seeking to circumvent your process. We're not
seeking to go fast. We're just under this deadline with the State, and
so we're trying to go -- get the financing first and then come back to
you on those issues.
So I will work with your County Attorney on trying to
memorialize that in a legally enforceable way for the County.
CHAIRMAN SAUNDERS: Commissioner LoCastro and
Commissioner Hall --
COMMISSIONER HALL: I'm done.
CHAIRMAN SAUNDERS: You're both lit -- okay.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Mr. Bosi, you said you've
signed a bunch of these forms. Did you ever sign it that had a density
on it like this, and then when it came back -- and then they got the
money, and then when it came back to us with much more detail on
the actual project, the density was changed and it didn't affect
anything? Can you recall anytime where there might have happened?
MR. BOSI: No. Every time that we've signed -- I've signed
this, it's based upon the actual density that's associated with the
property.
COMMISSIONER LoCASTRO: And then that's what was
actually built.
And for the applicant's side, you know, nobody's picking on you
or anything, but I think we want to make sure you don't get
crossways with the State where you apply for the money and you
show exactly what your proposed plan is, but then, you know, when
we approve density or number of units or whatever, it's a totally
different presentation in here. It's not just a quick form. And if we
made changes to it -- and the commissioner said this best -- we might
October 14, 2025
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be setting you up to have some sort of issue with the State where now
the money that they authorized for 120 units, if that 120 changes,
they may have an issue with the amount of money that they gave you.
They could pull it back, give you less. You know, we don't want to
have -- we want this to be clean.
But I know when it comes to density, we usually just don't vote
for it, and we don't vote for a construction project, you know, based
off of -- nobody wants to keep you from your right of asking for the
money, but if asking for it comes with the 120 with no flexibility,
that's, I think, what we're all saying in basically a different way, but
that's our main takeaway.
So I agree with the Chairman. Go forth and concur at lunch, and
we realize the timeline crunch.
CHAIRMAN SAUNDERS: Do we have any registered?
MR. MILLER: We do, Mr. Chair. And since this was a
time-certain, I wondered if you wanted me to call them.
CHAIRMAN SAUNDERS: Yeah, let's hear from the public so
they don't have to --
MR. MILLER: We have three registered speakers. First,
Naples City Manager, Gary Young, and he will be followed by Bill
Kramer.
CHAIRMAN SAUNDERS: And, Commissioner Kowal, did
you have something?
COMMISSIONER KOWAL: I was just going to ask Bosi just
to clarify something real quick. I know -- because Commissioner
LoCastro had asked him about --
CHAIRMAN SAUNDERS: Mr. Bosi.
COMMISSIONER KOWAL: Mr. Bosi. Real quick,
Mike -- I'm sorry -- Mr. Bosi. Commissioner LoCastro asked you
about signing the form in the past and the number on there being the
number that we approved and probably ended up building. But I
October 14, 2025
Page 67
know I did my own research, and we've talked also. All these other
projects in the past that's gone to get this money, their footprint was
large enough that they stayed under or stayed at the 25 units per
square acre, correct?
MR. BOSI: All the projects in the past had the density at the
time that I signed that letter allocated to the property that they
were -- that that letter was associated with.
COMMISSIONER KOWAL: Yeah, because of the footprint
that they're building on. Their problem is they're squeezing the
footprint down on a larger [sic] piece of property, and that's what
hurts them. If they can include the whole footprint, this wouldn't
even be an issue today.
MR. BOSI: Yeah. If they could --
COMMISSIONER KOWAL: It would be by right through Live
Local.
MR. BOSI: If they could get under 25 units an acre, they would
seek it without public hearing under Live Local.
MR. GIBLIN: And, Commissioner, just for clarification, the
question was asked a little while ago how often does a project come
in under what is certified, I'd say most often.
COMMISSIONER KOWAL: Yeah.
MR. GIBLIN: The forms are done at the very, very forefront of
a project to secure that financing, and then as they go through that
financing and they go through some real site planning, more often
than not they find that they can't achieve the number that they've put
in this form, and they come in at somewhat less.
Now, that's not because of an action by the Board of County
Commissioners, but that's just due to operational characteristics.
They can't find enough parking, things like that.
So more often than not these forms are signed and then when it
actually comes back, it comes in at a lower density.
October 14, 2025
Page 68
CHAIRMAN SAUNDERS: All right. Let's go ahead and hear
from the public comment.
MR. MILLER: Mr. Gary Young, Naples City Manager, and
he'll be followed by Councilman Bill Kramer.
MR. YOUNG: Good morning and thank you for having me.
The reason I'm here today, obviously, is, this, you know, was
put on everyone's radar within the City, and it's immediately -- you
know, your discussion is a microcosm of why I'm here, because
members -- this didn't follow the normal trail, and you don't have an
opportunity to opine.
Residents wrote to members of Council, to the City Manager's
Office, and have anxiety over this because of all the unknowns.
So your question is exactly the reason Council at yesterday's
workshop says, "Please make sure you're there. Communicate to
members of the Commission to say that to approve something that we
don't know exactly what the density is and to say that this maximum
level is the prudent decision" -- and, you know, I equate it to some of
us are old enough to have played with dominoes. If the first domino
falls and it falls flat, that's fantastic. But if it triggers other things to
happen with -- outside your control, you're trying to get your arms
around it, and that's the equation that I -- I see.
I'm not going to -- I did send -- have the records -- a letter sent
today. I would like it to be part of the record. I provided it.
And -- but the main thing is is there's two things in there. We have
enough interlocal agreements that -- and it's at our doorstep that we
have a dual interest in making sure that this is developed properly and
its configuration and its location in an area where there is already
half -- heavy traffic and a -- I would just say confined traffic pattern.
It warrants all of this discussion.
So respectfully, on behalf of the citizens in Naples, and Canton,
Canton City -- or, yeah. Canton City. Sorry. I'm from Canton,
October 14, 2025
Page 69
Ohio -- from Naples City Council. We just ask that, you know, you
consider this, that it cannot be a domino that guarantees this because
the density -- we have issues with the density and think it will present
operational problems going forward.
So thank you very much and thank you for the opportunity to
speak before you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Councilman Bill Kramer.
He'll be followed by Garrett Beyrent.
MR. KRAMER: Howdy, men. Thanks very much. Appreciate
this opportunity.
I'm -- my name is Bill Kramer, for the record. Twenty-two
years as the Naples High School head football coach. I left during
COVID and began working with the Fellowship of Christian
Athletes, which put me in all the schools. And then a year and a half
ago, I was elected to Naples City Council.
And I have to say I don't speak for Naples City Council right
now, and I don't speak for FCA. But I'd give that as some street cred
that I have my pulse on that community. And I invest heavily in
Naples High School.
The first thing I thought of when I heard of this, which was
yesterday, was the sound of traffic accidents that we would hear
probably monthly. This is by recollection, anecdotal, but is a very
common occurrence as we're sitting there at football practice. Bam.
That corridor from 22nd -- by the way, I live as far from the softball
field as this development is from the football field. So I'm in that Sun
Terrace neighborhood.
And I found it interesting. I was wondering if our petitioner was
mediocre at what they do, which is why they're trying to use this
lever of time where we have to hurry and do this because we're under
the gun. By the way, none of us are under the gun. They're under the
October 14, 2025
Page 70
gun.
I would like to play against guys that are that way. They can't
prepare well enough to get their stuff done on time. That's why we
won so many games, or the other thing is that they're sketchy enough
and manipulative enough to try to use that as a lever.
Now, I didn't know who I was going to see when I walked in
this morning, and I have great respect for the Council, but this is
sketchy or unprepared, and I can't believe he'd be unprepared.
So I asked yesterday -- it happened quick. I got it last night for
this police report. This is since January -- forgive these glasses -- 75
vehicle crash calls at that 22nd Street to Golden Gate Parkway in
front of Naples High School crash calls year to date, 75.
And so if we're going to talk about this, let's talk about that. I'm
for affordable housing. I'm a proponent. I think all you guys know
me well enough to know that. Single-income teacher. Let's go. But
I also want to know, how is this going to work that we don't put kids
at danger and for our current parents and our future parents who have
a vested interest what this traffic looks like?
And I thought -- this is when I knew they were sophisticated.
The picture, that's great. The rule of thirds, if you had high school
photography, you know the rule of thirds. Show the other side of it.
Show my neighborhood in Lake Park. Show it from that view and
cut it off right at the building. All of a sudden it looks a lot more
dense.
I just ask you, don't reward mediocrity. Don't reward somebody
trying to circumvent the system. And real quick, typically a request
such as this would be made under a public petition; however, it is
being brought in this manner, as the developer cannot wait until the
second meeting of October. That's not your problem.
Thanks, men.
CHAIRMAN SAUNDERS: Thank you, sir.
October 14, 2025
Page 71
MR. MILLER: Your final speaker on this item is Garrett
Beyrent.
MR. BEYRENT: For the record, Garrett FX Beyrent.
I'm only here because I'm wondering myself -- I'm owner of the
Pine Ridge Corners PUD that's on Pine Ridge Road at the I-75 exit.
And I was proposing a 26-story automobile museum there.
And Mike Bosi said he'd give me at least six stories. So I'm
kind of wondering when stuff comes up before you that they're
waiting for, like, the deadline. And that's one thing you guys, I've
learned, never, ever allow stuff like this. You can't say, "Hey, you've
got to sign this document or you're going to lose this, that, and the
other thing."
And I'm there, like, I don't even know what they're planning to
do anymore. It's -- it's just a question. When you guys are put on the
hot spot right here, it's just poor planning. And I've always had
planning that required way too much, you know, public information,
but this is out of my league totally. Thank you for allowing me to
share that, because I'm -- I just shake my head every time I come up
here. I said, boy, some things just don't make a lot of sense, you
know, and this is one of them. Thank you.
CHAIRMAN SAUNDERS: All right. We've kind of beaten
this to death here. I had made a suggestion that we might want to
give them the opportunity to meet with our staff and clarify whether
or not this is a -- really does vest them at 120 units or if there's some
flexibility.
Commissioner Hall.
COMMISSIONER HALL: I agree with your decision to
postpone this, but one suggestion, and I don't know if this is a
possibility. If we can't modify the form, maybe we can attach a cover
letter that says that these units may be permissible but certainly not
vested with this form; if that wouldn't allow us to -- allow them to ask
October 14, 2025
Page 72
for financing, not keeping us on the hook.
CHAIRMAN SAUNDERS: All right. Why don't we go ahead
and put this at the end of our agenda. During the lunch hour,
whenever you get an opportunity, talk to Mr. Klatzkow. And I'm not
sure if Heidi Ashton is here, but whoever else in your office
obviously that need to be --
MR. KLATZKOW: And I'll bring Mr. Bosi and Mr. French to
this, too.
MR. DAVIES: Happy to do that, Mr. Chairman. I think my
client wanted to say a couple words, if he may.
CHAIRMAN SAUNDERS: All right.
MR. MOLINA: Thank you, Mr. Chair and Board.
I just want to clarify a few things. It's not sketchy. And, Coach,
I'm not trying to pull a quick one. I've been studying this for more
than a year. The reality of it is I should be able to do 91 units per
acre under Live Local. I have the density. I have the height. The
County is not allowing me to do this. Ask the attorney. We could
have the discussion right now.
Thank you.
CHAIRMAN SAUNDERS: Well, please have that discussion
during the break so that there can be some response to us.
MR. MOLINA: I want it on public record.
MR. DAVIES: Thank you.
COMMISSIONER KOWAL: Chairman, could I just --
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER KOWAL: I just want to kind of bring this
plane in a little bit. They have been speaking to us for some time.
It's not like this is just --
CHAIRMAN SAUNDERS: Right.
COMMISSIONER KOWAL: They came to the County with
Live Local rules in hand. They were using our mini-triangle PUD,
October 14, 2025
Page 73
the numbers of density we use on that particular project, the height of
the bank building right next to their lot. It would have gave
them -- like he was saying, if Live Local was written in a way that it
was clear in and decise (phonetic), but it's not. Live Local's changed
three times in the past three years with the language.
And what happened was when they came in and said, "Listen,
by right, we can build a 75-foot building at almost 90 units per acre
on this site just by Live Local, and it wouldn't even come to the
Board of County Commissioners," but -- because they were using the
footprint in the mini-triangle as their comparable for density. But
when the County and Mr. Bosi sent them a letter of rejection because
they said that, no, you've got to read further on in Live Local, the
footprint in the triangle was a special condition through the CRA that
was a one-time kind of deal. And in Live Local, there's something
that says those are excluded from the comparables.
And that's where all this got gummed up over, like, a six-month
period while they were trying to do it through the Live Local through
the channels. They thought they had the right to do it, then it all got
to this point today where now they want to use the other statute, get
us to sign the letter of, you know, whatever, approval, say it can go
up to 120. Then they can go to the State. It's a lottery to get the
money. They wouldn't even know till March if they even get it. And
from what I understand, if they don't get it, the project's dead
anyways.
So I just wanted to bring it to everybody in the room that this is
not, like, something just came to us three weeks ago and they want us
to sign this letter. This is something that's been going on. It was a
misinterpretation when they were initially applying through Live
Local. The County rejected what they were applying for, because in
Live Local -- later on in there there's other language that I think was
overlooked, and that's why we are here today. So just to let
October 14, 2025
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everybody understand that.
CHAIRMAN SAUNDERS: All right. Well, then I'm going to
suggest again that we delay this until the end of the meeting.
Mr. Bosi, you're going to need to be involved in the discussion,
and I'd like an update on the Live Local, how that will work as well.
So we need some clarification. We're just not going to be able to do
it on the fly here.
So if that's okay with you, Mr. Klatzkow. It's going to interrupt
your lunch hour, but...
MR. KLATZKOW: I can stand losing a few calories.
CHAIRMAN SAUNDERS: Yeah. We'll make it up to you
later.
COMMISSIONER KOWAL: I've got a protein drink I'll give
you.
CHAIRMAN SAUNDERS: All right. We need to take a break.
We're going to come back at 10 minutes after 11.
MR. DAVIES: Thank you, Mr. Chairman. Thank you,
Commissioners. We'll be back.
(A recess was had from 10:54 a.m. to 11:10 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN SAUNDERS: Thank you. Ladies and gentlemen,
if you'll please take your seats.
Ms. Patterson, where are we?
MS. PATTERSON: Sir, we're going to return to zoning now.
We're going to take --
CHAIRMAN SAUNDERS: Ladies and gentlemen, if you'd
please take your seats.
Item #9B
October 14, 2025
Page 75
ORDINANCE 2025-48: AN ORDINANCE REZONING REAL
PROPERTY FROM RESIDENTIAL-SINGLE-FAMILY-3 (RSF-3)
ZONING DISTRICT TO A RESIDENTIAL TOURIST (RT)
ZONING DISTRICT WITHIN THE VANDERBILT BEACH
RESIDENTIAL TOURIST OVERLAY (VBRTO) ZONING
DISTRICT FOR A PROJECT TO BE KNOWN AS PARAISO
CLUB. THE SUBJECT 1.35± ACRE BEACHFRONT PROPERTY
IS LOCATED ALONG THE GULF OF AMERICA ON THE WEST
SIDE OF GULF SHORE DRIVE, JUST SOUTH OF THE
INTERSECTION OF GULF SHORE DRIVE AND BAYVIEW
AVENUE, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA. [PL20240007340] (THIS
ITEM IS A COMPANION TO 9.C., PL20240009700, PARAISO
CLUB CONDITIONAL USE) – MOTION TO APPROVE WITH
MODIFICATION AND STAFF STIPULATIONS BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL - ADOPTED
Item #9C
RESOLUTION 2025-217: A RESOLUTION FOR A
CONDITIONAL USE TO ALLOW A PRIVATE CLUB WITHIN A
RESIDENTIAL TOURIST- VANDERBILT BEACH RESIDENTIAL
TOURIST OVERLAY (RT-VBRTO) ZONING DISTRICT
PURSUANT TO SECTION 2.03.02.E.1.C.5 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE. THE SUBJECT 1.35±
ACRE BEACHFRONT PROPERTY IS LOCATED ALONG THE
GULF OF AMERICA ON THE WEST SIDE OF GULF SHORE
DRIVE, JUST SOUTH OF THE INTERSECTION OF GULF
SHORE DRIVE AND BAYVIEW AVENUE, IN SECTION 29,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
October 14, 2025
Page 76
FLORIDA. [PL20240009700] (THIS ITEM IS A COMPANION TO
9.B., PL20240007340, PARAISO CLUB REZONE) – MOTION TO
APPROVE WITH MODIFICATION AND STAFF STIPULATIONS
BY COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL - ADOPTED
MS. PATTERSON: We're moving on to Items 9B and Item 9C
these are companion items. They will require participants to be
sworn in.
9B is a recommendation to approve an ordinance rezoning real
property from Residential Single-Family 3 Zoning District to a
Residential Tourist Zoning District within the Vanderbilt Beach
Residential Tourist Overlay Zoning District for a project to be known
as Paraiso Club. I hope I said that right.
The subject 1.35 plus/minus-acre beachfront property along Gulf
of America on the west side of Gulf Shore Drive just south of the
intersection of Gulf Shore Drive and Bayview Avenue in Section 29,
Township 48 South, Range 25 East, Collier County, Florida.
Its companion item, 9C, is a recommendation to approve a
resolution for a conditional use to allow a private club within a
residential -- within a residential tourist -- I just lost my place. I'm
sorry -- within a residential tourist -- Vanderbilt Beach Residential
Tourist Overlay Zoning District pursuant to Section 2.03.02.E.1.c.5
of the Collier County Land Development Code.
The subject 1.35 plus/minus-acre beachfront property is located
along the Gulf of America on the west side of Gulf Shore Drive just
south of the intersection of Gulf Shore Drive and Bayview Avenue in
Section 29, Township 48 South, Range 25 East, Collier County,
Florida.
If I could, we'll go through and get the Commission's
disclosures, and then we'll get everybody sworn in by the court
October 14, 2025
Page 77
reporter.
CHAIRMAN SAUNDERS: All right. Commissioner Kowal.
COMMISSIONER KOWAL: Yes. I have meetings,
correspondence, emails on both of these items.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: I've got it all on 9B and 9C;
meetings, correspondence, emails, and calls.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Meetings, emails, and calls.
CHAIRMAN SAUNDERS: And, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Same; meetings, emails, and
calls.
CHAIRMAN SAUNDERS: And I have the same thing as well.
MS. PATTERSON: With that, anyone who will be
participating, including public speakers, please stand to be sworn in
by the court reporter.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
MS. PATTERSON: Very good. We'll begin with
Mr. Yovanovich.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of the applicant which is -- Amy, you messed
me up -- Paraiso Club, LLC. And David Tingley is the representative
for the applicant.
You have some of the usual suspects on my team. You have
Bob Mulhere and Ellen Summers are our planners. Mark Sultana is
our architect. Pat -- I can't -- I mess up -- Pat Trefz is our landscape
architect. Jim Banks is online, is our transportation consultant, and
Tim Hall is our environmental consultant.
October 14, 2025
Page 78
This is the approximately 1.35-acre parcel that is the subject of
both petitions. And as you can see, it's adjacent to the LaPlaya Hotel
and the LaPlaya Beach Club. So our request is to basically construct
a private beach club on this 1.35 acres adjacent to a private beach
club.
So we are, essentially, extending the RT zoning that exists on
the property adjacent to us to our parcel; however, we are basically
gutting all of the uses allowed in the RT zoning and only -- the only
remaining use is the beach club that has to go through the
conditional-use process, which is the second petition before you
today. So you have two petitions related exclusively to establishing a
private beach club.
I will tell you that staff's recommending approval. The Planning
Commission recommended approval. We were scheduled to be on
your summary agenda, but you received, I believe, a letter of
objection from Phil Whistler, I think -- or I'm not sure I'm saying his
last name correctly. I did look through the letters. I looked through
the speakers, and I didn't notice him as one of the speakers.
You have 22 speakers. I could tell you that I think -- I recognize
all names but one. They're all on my team or on my side to speak in
favor of the petition. So I can shortcut the public speakers so you can
hopefully stay for your time-certain for Costco if that is the direction
the Board would like us to go.
We are in the Urban Residential Subdistrict under your
Comprehensive Plan. Residential Tourist Zoning is consistent with
your Comprehensive Plan.
As I mentioned, we are extending the existing RT which extends
all the way up to that blue box. We're extending the RT over our two
parcels of property for the beach club.
And we have a presentation that Bob can take you through
over -- regarding the master plan. You've all seen the staff materials.
October 14, 2025
Page 79
You've seen the proposed master plan. You've received numerous
letters of support in favor of the petition.
I will have Bob briefly go through the master plan, and then if
you want to go to public speakers or speak to staff, whatever is the
direction that the Board would like to go.
CHAIRMAN SAUNDERS: All right. Let me -- no one's lit up
here yet. Why don't we hear the brief presentation. But I think, make
it brief, and we'll see if there are any questions.
First of all, in terms of the speakers, are there any speakers here
that are here in opposition to this petition?
Okay. So we certainly want to hear from you. The other
speakers I'm sure will be somewhat repetitive. So we don't -- I don't
know that we need to hear from all the other speakers. Obviously,
you're welcome to speak, but we're not going to need to hear 17 or 18
comments in support.
MR. YOVANOVICH: Okay.
CHAIRMAN SAUNDERS: Let's hear the presentation, and
then we'll get to the public comment.
MR. MULHERE: Thank you. Good morning. For the record,
Bob Mulhere with Bowman Consulting Group.
On the visualizer is a master plan. I just want to point out a
couple of things. I have a minimum 21-foot setback to the north.
There is a beach access along the north as well, a 21-foot minimum
setback on the south. And obviously, you can see that the structure is
largely located so as to maximize the amount of beach.
This dune will be replanted. It was destroyed during one of the
storms or multiple storms. That will be replanted.
Access is here and here. There are relatively few parking
spaces; I think 17 because we have -- we have a commitment that all
of the members, other than those who have a handicapped reason,
will be bussed to the site -- excuse me -- in a luxury van. I guess
October 14, 2025
Page 80
"bussed" is not the correct word. But they will be shuttled to the site
in a luxury van operated by the beach club.
This exhibit is an overall landscape exhibit. Let me just go to
the next one, because we talked about dune restoration, so I did want
to point out that we have certain types of natural dune vegetation
which is very helpful not only to this particular site but obviously in
terms of storm minimizing the damage from wave action.
A couple of architectural renderings. That's a front perspective.
It looks like a large single-family home.
Just an aerial. I'm not sure why that's in there. In terms of the
building height, in this particular exhibit in red, you see two
single-family homes outlined with the proposed beach club behind it,
and you can see that the two single-family homes built lot line to lot
line -- which is usually what happens because the cost of the lots up
there -- would actually have less view corridor and less open space
than what we're proposing.
Rich mentioned most of the conditions of approval. The only
use that we're retaining in RT is the private beach club. We've
limited the height to 38 feet zoned and 57 feet actual. Hours or
operation, 8 a.m. till 11 except that the use of the pools and access to
the beach will cease one hour after sunset.
Obviously, we're going to comply with sea turtle requirements.
I'm just looking to see if there's anything else that is important to -- I
guess I'll conclude with -- oh, maximum trip generation is very low.
We're at 19 two-way p.m. peak hour net trips, and that's because the
shuttle will bring multiple people to the site as opposed to them
driving their individual cars.
We had a neighborhood information meeting on April 7th.
Three members of the public were there and five members by Zoom.
And I've got Rich behind me, so I better sit down.
MR. YOVANOVICH: I just wanted to conclude
October 14, 2025
Page 81
by -- obviously my client spent a lot of time with the neighbors.
You've received several letters of support from the neighbors,
including the neighbor immediately north of us.
So we've spent a lot of time designing this to be consistent with
the neighborhood as you can see by the number of speakers, which
will not all speak, but they're pretty much in the neighborhood
speaking in favor of what we're proposing.
It's a good project. It's going to get people off of the already
crowded beach by the Ritz, moving them here to this portion of the
beach. We've -- we took care in the traffic by using shuttles only, as
you can see by Bob's testimony regarding only having 19 p.m.
peak-hour trips.
So it's been very well received by the neighbor -- by the
neighborhood and the neighbors. And that's a brief presentation. We
can get into a lot more detail if you would like us to. But I'll turn it
over to the Commissioners.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
Rich, there's one -- I had one question emailed to me that I didn't
really know how to answer. There's something about public access
along the beach from the water line to something.
MR. YOVANOVICH: Sure.
COMMISSIONER HALL: Could you just like --
MR. YOVANOVICH: Absolutely.
COMMISSIONER HALL: -- in a half a nutshell explain that to
let the public know that they're still going to be able to walk back and
forth.
MR. YOVANOVICH: Absolutely. The question we received,
too -- and there are other beach clubs that have -- are similarly
situated.
What the beach clubs do is basically keep about a 15-foot-wide
October 14, 2025
Page 82
sandy beach area available for the public to continue to walk up and
down the beach, so when you have high tide, you're not going to have
to walk in the water to keep moving up and down the beach. So what
the beach clubs do is basically stop putting their chairs out
15 feet -- they leave a 15-foot-wide swath of sandy beach for people
to walk up and down. So nobody's going to be walking in the water.
Access up and down the beach will be maintained, just like the
access -- the perpendicular access points immediately adjacent to this
parcel will remain in place.
COMMISSIONER HALL: All right. Thank you.
CHAIRMAN SAUNDERS: Yeah. We've had some -- in the
distant past, we've had some complaints with some of the hotels
actually blocking public access. Florida law just changed, I think,
this past year to make it clear that the public does have the right to --
MR. YOVANOVICH: Absolutely.
CHAIRMAN SAUNDERS: -- traverse the beach. And so
we're -- just for the public's interest, we do make sure that that right
of passage along the beach is not impinged by anybody.
MR. YOVANOVICH: Correct. And we're not seeking to
change the public's ability to walk up and down the beach.
CHAIRMAN SAUNDERS: Right.
MR. YOVANOVICH: The public's not using this area anyway
to lay out because they're uncomfortable laying out in someone's
backyard, but they will continue to be able to walk up and down the
beach.
CHAIRMAN SAUNDERS: Mr. Bosi, do you have a staff
report?
MR. BOSI: Mike Bosi, Planning and Zoning director.
Staff is recommending approval of the rezone. It's consistent
with the GMP. And would note that there were 15 conditions of
approval that have been agreed upon by the applicant, and staff is
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recommending approval of the conditional use subject to those 15
additional restrictions that we think provide for a good -- a good
match within this area in terms of the shuttling of the participants.
And the aspect -- on the north side of this property when they
showed the overview of the site plan, you could see there's a 10-foot
public beach access that's being maintained so people can be able to
access the beach on the north side of their property. So beach access
is not going to be prohibited by this -- by this project.
And with that, staff would entertain any questions that you may
have.
CHAIRMAN SAUNDERS: All right. I don't see any
Commissioners with questions. We'll go to the public comment. We
do have one gentleman that I think is in opposition to this, and I think
the other speakers were all in support.
Mr. Yovanovich, obviously we don't need to hear from 15 or 20
people saying the same thing. If you've got an individual that might
want to carry the message, that would be helpful to us.
MR. MILLER: Mr. Chair, could I make a comment on the
record here? If anyone on Zoom is opposed to this item, could you
raise your hand on the Zoom right now; that way I can determine if
they're against it. I do have one.
CHAIRMAN SAUNDERS: Okay. So we're going to make sure
that we hear from the folks that are in opposition to this.
MR. YOVANOVICH: Do you want to hear from them first,
and then I could tell you whether I want to bring up public speakers,
or do you want me to send the -- we could probably put the first four
or five speakers up -- or I don't want to put anybody on the spot.
CHAIRMAN SAUNDERS: Yeah. I just want to -- you know,
we've got a long agenda. Let's hear from the folks that are in
opposition to this, and then we'll see where we go from there.
MR. MILLER: Sir, you rose your hand. Could you come up,
October 14, 2025
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please. What's your name, sir?
MR. LOPEZ: Miguel Lopez.
MR. MILLER: Okay. This is Miguel Lopez. He'll be followed
on Zoom by Marsha Oenick.
MR. LOPEZ: Good morning. I'm the only one that's against
this thing, huh? Interesting.
Good morning, Commissioners. My name is Miguel Lopez, and
I'm here as a longtime resident and frequent visitor of Vanderbilt
Beach.
I want to share my concern that our beach, which is public by
law and by tradition, is slowly being taken over by private interests.
Right now Vanderbilt Beach already has three hotels, two beach
clubs, two timeshares, and multiple condos. Each fills the sand with
rows of lawn chairs, often empty. That's a major problem. A lot of
lawn chairs and empty, just taking up space, leaving little room for
everyday residents. If we continue approving private beach clubs and
high-density developments, it will turn this shared beach into a
patchwork of private zones.
I've personally been yelled at or told to leave for simple
activities like cast netting at La Playa, Floridian Club, and Gulf Point.
They've all kicked me out and told me to leave because it's a private
beach, and it's not.
Even though the Vanderbilt Beach ordinance clearly states that
beach is public from Wiggins Pass down to Marker 31.5, which is all
the way down to the end of, almost, of Bay Colony. So the whole
beach is basically public. That's not how a public beach should feel.
Every approval sets a precedent. We're inching towards what
some call Miami West, walls of condos and exclusive sand.
Meanwhile, Governor DeSantis signed Senate Bill 1622 this year to
reaffirm public beach access rights. So on one hand the State says
public, the County ordinance says public, yet this request asks you to
October 14, 2025
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approve something private.
In addition, more paving, larger buildings, also worsen flooding
and storm surge impacts; something we cannot ignore after the storm
we faced.
Commission, your decision is easy. Buy this property back from
the owners, build a public beach club, have public bathrooms and
bike racks, or don't approve the project. Let's keep Vanderbilt Beach
the community beach it was meant to be, not another gated strip of
sand. Thank you.
CHAIRMAN SAUNDERS: Mr. Lopez?
MR. LOPEZ: Yes.
CHAIRMAN SAUNDERS: Just so you know, this Board is
very committed to making sure the public has fully legal access to
our beaches. So if you're ever ordered off of the beach because
you're cast netting or doing that, if you'll let us know, we won't
permit that to happen.
MR. LOPEZ: I talked to Code Enforcement. I meet with Code
Enforcement once every couple of months. I let them know this
continues. They keep putting cones out. They keep putting signs up.
CHAIRMAN SAUNDERS: I'm telling you --
MR. LOPEZ: They keep kicking people off the beach.
CHAIRMAN SAUNDERS: Okay. I don't want to get into a
lengthy conversation. I'm just saying, if that happens to you again,
contact the County Commissioners' offices, and then we'll deal with
it.
MR. LOPEZ: Thank you, sir. Thank you.
MR. MILLER: Your next speaker on Zoom is Marsha Oenick.
Marsha, you're being prompted to unmute yourself, if you'll do
so at this time. I see that you have, Marsha. You have three minutes.
MS. OENICK: Hello. My name is Marsha Oenick. I live in
Naples Park. I sent an email to each of you yesterday with this
October 14, 2025
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request. I now put it in this public record.
Vanderbilt Beach's Customary Use Ordinance 2018-31 protects
the public's long-standing customary use of Vanderbilt Beach.
Section 7 of the ordinance, quote, "Obstruction of Vanderbilt Beach.
It shall be unlawful for any person to create, erect, or construct any
fence, structure, or barrier or restraint within Vanderbilt Beach." It
goes on. I'm not going to read all that.
Despite this, property owners are still putting unused lounge
chairs to keep the public out and unlawful activity; thus, the
conditions-of-use document, Attachment C, provided by the applicant
contains an alarming statement.
Quote, Item 13: "Beach chairs, umbrellas, cabanas, and similar
devices supplied by the club shall only be used on the beach in front
of the club defined as 'beach area' enclosed by the north and south
properties of the line extended to the edge of the water," unquote.
While this sounds like it makes sense, may be useful to put
beach chairs up, it may be used to put beach chairs to block access to
the edge of the water, blocking access to areas the ordinance protects
for public use. As previously indicated, unused beach chairs are
often used in this manner, yes, preparing for guests. But if sitting
unused, the impact is to block access. This reads to me like the club
will be allowed to block access to the public to the water's edge.
Will you please require the following additional item for
conditional use? Item -- I had 18 based on the documents I
saw -- "The club shall operate consistently with Ordinance 2018-31,
with particular attention to Section 3. Vanderbilt Beach shall include
not only that part of the beach seaward of the mean high-water line
but also include the dry sandy area adjacent to the mean high-water
line up to the vegetation line," unquote.
And Section 5, "Except as provided below, the public shall have
the right to recreate along all of Vanderbilt Beach. Recreation shall
October 14, 2025
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include walking, jogging, sunbathing with or without a beach
umbrella, picnicking, fishing, building sand castles, and other similar
recreational beach activities."
Probably we should all include Section 7 as well. Without
explicitly including this as an item of a conditions-of-use document
either as a separate item or as an addition to Item 13, it will appear to
the club that the County is granting permission for the club to
disregard Ordinance 2018-31, the Collier County beach customary
use ordinance, and to restrict access by the public to this region of
Vanderbilt Beach.
Verbal assurances at the Planning Commission or here is
insufficient for this or any other situation being defined by a legal
ordinance with carefully constructed language. Unfortunately, this
effective granting the right to block the beach will likely provide a
precedent for further restrictions to Vanderbilt Beach and negate the
good efforts of the County and this body to preserve Vanderbilt
Beach for county residents and the tourism industry the County
wishes to promote.
Thank you very much.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: That was the two in opposition, sir, that we
have.
CHAIRMAN SAUNDERS: Yes.
Mr. Yovanovich, do you have a few speakers that are in
support? Is that what you wanted to present?
MR. YOVANOVICH: Yeah, I'll just -- I'm just going to ask
four to come up. But just -- can I make some comments in response
to the two speakers before I bring my public speakers up?
CHAIRMAN SAUNDERS: Sure, sure.
MR. YOVANOVICH: First of all, I think we would -- the last
speaker, we are not going to block the water all the way -- the beach
October 14, 2025
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all the way to the water. So we should modify the one condition that
talks about the boundaries being to the water, to the Gulf of America,
to say we will retain a 15-foot sandy beach area between the
high-water line and -- we'll maintain a 15-foot sandy beach area from
the high-water line.
CHAIRMAN SAUNDERS: And that's where?
MR. YOVANOVICH: That will allow -- that will allow the
public to continue to walk up and down the beach.
CHAIRMAN SAUNDERS: And the high-water line with the
erosion and all will change?
MR. YOVANOVICH: You'll be able to see it because it's
obviously the hard-packed sand. So that's why I said "white sandy
beach." We'll maintain that 15-foot area.
And, candidly, the public's not using any of this area right now.
I could show you picture upon picture upon picture of nobody using
that portion of the beach behind the homes. So we're not interfering
with the historic use of the beach. In fact, we're providing more
access to the beach for the public.
With that, I'm just going to ask Chante Pemberton, Jim
Cerkleski, Nancy Burn, and Ken Rollins [sic] -- limit it down to those
four speakers. They're pretty much representative of the entirety of
the --
CHAIRMAN SAUNDERS: All right. And before the public
speakers begin, Mr. Klatzkow, there was some discussion of
Ordinance 2018-31, the Vanderbilt Beach access ordinance. I'm
assuming that this petition is subject to that ordinance.
MR. KLATZKOW: I would assume that, too, but I'd like the
suspenders with the belt. And if Mr. Yovanovich agrees to that
condition, I would put it in there.
MR. YOVANOVICH: Well, I think we need to -- the
conditions we have -- what I don't want someone to come in and say
October 14, 2025
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is, "Under that ordinance, you have to remove the beach chairs,"
because she was implying that that would be a barrier and she doesn't
want any barrier. We -- all the beach clubs that are out there are
permitted to put beach chairs out, and that's all we're saying. We
prefer to handle it through assuring the 15-foot sandy beach area. I
don't want someone to come in and say, you know, "Move the chairs.
I want to play beach volleyball." That's the concern.
CHAIRMAN SAUNDERS: Mr. Bosi, just before the speakers
start, you've heard my question to the County Attorney. You've
heard Mr. Yovanovich's response. Is there any concern on your part
as to the blockage of public access if we approve this petition?
MR. BOSI: Mike Bosi, Planning and Zoning director.
And I would agree with Attorney Klatzkow, the additional
language that Rich has provided for will alleviate those concerns that
staff would have.
CHAIRMAN SAUNDERS: All right. Thank you. Mr. Miller,
whoever's next.
MR. MILLER: Well, someone who Rich listed, please. Are
you Chante?
MS. PEMBERTON: Yes, thank you.
MR. YOVANOVICH: Hopefully they're lined up, and I hope I
didn't butcher their names too badly.
MS. PEMBERTON: Chante Pemberton. I'm vice president of
client relations for Paraiso Beach Club.
I'm reading a letter from Mr. McGee, Mike McGee.
Dear Commissioners, I purchased my home at 10150 Gulf Shore
Drive in March of this year knowing a beach club may be developed
across the street, and I'm very supportive of the project. My house is
almost directly across the street from the club and just north on Gulf
Shore Boulevard -- Gulf Shore.
Having lived in and around Vanderbilt Beach area for many
October 14, 2025
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years, I understand both the opportunities and challenges of our
community. Living directly across from the shoreline and even with
public access easements to the beach, I see firsthand how little the
usable space in front of private homes is actually used. Even during
the most crowded holidays, the beaches in front of Easement 4, 5,
and 6 are almost never used.
I saw someone on WINK News say that they use Easement No.
4 and not being able to sit there won't seem right. Easement No. 4
can still be used by everyone. If you turn right, no one is there, and
everyone knows this. I'm not sure why anyone would go further from
public parking and pass Easements 5, 6, and 7 with empty beaches to
get to Easement No. 4.
A person also mentioned his taxpayer dollars would be to groom
and replenish the beach for a beach club. That may be the case with
two homes, but the real estate sales taxes paid by a club would more
than pay for any grooming and replenishment. In fact, the taxes paid
by the club will probably be 20 times what is paid today by two
homeowners.
A thoughtfully managed club would give residents and members
a welcoming place to enjoy the beach without feeling as though they
are intruding on someone's property. It would also provide a tranquil
setting where friends and neighbors can gather, which adds real value
to the community.
We all recognize the problem on the beach -- on the public
beaches. This club offers a positive solution that will help alleviate
crowding and provide an alternative for those who want to enjoy
Vanderbilt Beach in a respectful and responsible way.
I strongly support the process, and I hope the County approves.
It would be a win for all parties involved and a meaningful addition
to our neighborhood. Sincerely, Michael McGee.
The second letter is from Kevin DeDonato. He's the general
October 14, 2025
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manager at the Tiburon Golf Club.
At Tiburon Golf Club, we currently provide shuttle service for
our members and guests to the public beaches at Vanderbilt where we
reserve beach chairs and umbrellas through Cabana Dan. Our parent
company, Trune, has been engaged with the Paraiso Beach Club on a
consulting basis and is exploring opportunities to formalize a direct
relationship should the club receive the necessary approval from the
County.
With this in mind, if Paraiso Beach Club is approved, we would
like to establish a reciprocal agreement that allows our members to
visit the Paraiso Beach Club as an alternative to the public beaches.
Tiburon already owns and operates its own shuttle service, which
would transport members directly to and from the club.
We believe this arrangement would enhance the beach
experience for our members while helping to reduce congestion and
parking challenges at the public access points.
I strongly support the approval and the proposed beach club.
Thanks.
CHAIRMAN SAUNDERS: All right. Thank you.
MS. PEMBERTON: Thank you.
MR. MILLER: Sir, please state your name.
MR. CERKLESKI: Hi. Jim Cerkleski. I currently live at 103
Bayview, which is about 200 feet from the proposed site, and I'm
actually building the house that is directly across from the new beach
club. So if anybody's affected by this -- this building, it is my family.
And I will tell you that I have been very, very impressed with how
these gentlemen have come and approached our neighborhood and
just have been so collaborative about what they're building, and I
applaud them for that.
I think that, you know, the way they approached this -- at first,
I'm not going to lie, my wife and I were a little nervous about, you
October 14, 2025
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know, a seven-, 10-, you know, story structure going up, and they've
overcome all the, you know, obstacles that we thought could be
possible.
It's no different than two homes going up. I am supportive
because I think that right now it's an eyesore. There's an ugly house
there. There's an empty lot. It's never been cleaned up. People park
there all the time. I mean, just -- people come and park right on the
beach right in front of my house.
So this project is absolutely going to be great. I encourage
everybody to support it. And I do believe that it's going to be great
for our immediate community and for anybody else that chooses to
join. And, you know, the comment about anybody opposing this is,
well, join it, then. You can join. Anybody has the opportunity to join
such an amazing beach club. So, you know, come join it and be part
of something really fun.
So I just thank the gentlemen for, you know, approaching us in
the way they have. They'd actually gave my family the ability to still
keep our view. And I can't tell you -- you know, I don't know any
developer that would come to someone and say, "Hey, we want to
make sure that you still have your view of the Gulf of America."
And when they came to me and said -- you know, collaborated with
my family and said, "We're going to keep that view for you," I
support it 100 percent. It's fantastic.
So it's going to be exciting. I'm really happy to support it. And
I thank them for really kind of, you know, how they approached this
project. So thank you.
MR. MILLER: Ma'am, please state your name to begin with.
MS. BURNS: Nancy Burns. I live four houses north of the
proposed beach club. And I want you to know I think this is going to
increase usage of that area rather than decrease. And I've lived there
for 30 years. I think it's an excellent opportunity for all of us, and I
October 14, 2025
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think the way they've gone about this has been exceptional. So we
support it.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Ma'am.
MS. ROLLIN: Eileen Rollin. I live on Sea Breeze Avenue.
We've lived there full-time since 2016 and owned condos on
Vanderbilt Beach right down the street since 2011.
And all I have to say is that our sense of community that we
have is -- we don't really have one. We don't have a neighborhood
gathering area for our little area where other communities do. And
these developers have really given us that feeling that we're going to
have this sense of community in our neighborhood.
After Hurricane Ian, we all gathered in the street to see how our
neighbors were doing, checking on Nancy and checking on our other
neighbors who were around. And it just gives us that feeling that we
have this neighborhood community place where we can gather, check
on each other, be together and really, you know, spend time other
than hanging out in the street.
So we appreciate them for doing this project.
CHAIRMAN SAUNDERS: Thank you.
MR. ROLLIN: Thank you. My name is Ken Rollin, and I want
to thank my wife for allowing me to speak.
We live on Sea Breeze, and I've had condos on the Gulf Shore
building. I have two of them currently. And we were displaced by
Hurricane Ian, and so we lived on the beach for the last three years
until recently when we moved in our house.
And I consider myself an expert on Vanderbilt Beach usage
because we walk that beach pretty much every day for the last three
years literally hundreds of times, and usually we go -- from our Gulf
Shore's building, we go south. We go all the way to the Ritz, fill up
with water and come back. And I could tell you I've never been
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impeded by any of the establishments, not by the Ritz, not by the
Floridian, not by really anyone there, and LaPlaya.
And I just want to tell you that anyone that says that beach in
front of those 11 houses are being used, it's absolutely incorrect.
Factually, I could tell you the use along those 11 houses is de
minimis. If there's two or three, maybe four people at high season
sitting in that area, that would be a lot.
So the give that the public is complaining about that there's so
much beach being given up, that's not true. First of all, that's still the
private property. Secondly, no one's using it anyway. And let's get
all those people from Naples One coming over there instead of
crowding the beachhead that's already blanket to blanket.
So thank you for your time.
MR. MILLER: Mr. Chair, that's all he had lined up. If -- with
your indulgence, I'd like -- we had two people on Zoom that did not
raise their hand in opposition. I would like to ask them to raise their
hand if they're okay waiving their time, if that's all right with you.
Julie Casper and Sally Hughes, if you're okay with waiving your
time to speak, please raise your hands on Zoom. They both are.
Thank you.
CHAIRMAN SAUNDERS: All right.
MR. YOVANOVICH: Mr. Chairman, that's all we have to
present.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Mr. Yovanovich, I just had a
couple quick questions. To keep all these residents off the street, like
she said --
MR. YOVANOVICH: It's a rough crowd. It's a rough crowd.
COMMISSIONER LoCASTRO: First of all, to that one
husband, we got a text from your wife. She said, "Don't let him
speak," but we -- no, but one sincere question I have: Do the
October 14, 2025
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residents get preference? Do they get a discount? You know,
because, I mean, if you just put out an "open" sign and then all these
people that live 10 miles away all of a sudden become all your
members, then all the positive things that they're saying, you know,
"Oh, we can't wait to, like, have this as a gathering place for our
neighborhood" -- so has that been discussed so that the neighbors
maybe --
MR. YOVANOVICH: I don't know that -- I don't know that
we've got into that level of detail, but I can assure you that the
immediate area has been actively involved in this. And we did not
want to presume we had an approval, so we don't -- I don't have the
list yet, but I'm sure that the people that have spoken --
COMMISSIONER LoCASTRO: I mean, I only say that
because a lot of your pro people are folks that live within walking
distance, and I would hate to hear in the end that it was -- you know,
the price point was beyond what they can afford or it was first come,
first served, and you were bombarded by people that live at the Ritz
Tiburon who wanted another private beach club, and the locals that
are all on your side and --
MR. YOVANOVICH: I know --
COMMISSIONER LoCASTRO: -- pushing approval, then in
the end were maybe forced out, because this club only holds several
hundred people, from what I understand.
MR. YOVANOVICH: Correct. It's going to -- I can assure you,
although it looked like a rough crowd, they were all qualified to be
members and have expressed interest.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
I've had numerous emails in support of this, so I thank
everybody for coming, even the person that was opposing. It's
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always important to hear your input.
And with that, I will make a motion to approve this beach club.
CHAIRMAN SAUNDERS: We have two items. Let's make the
motion --
COMMISSIONER HALL: Make the motion -- I'll amend the
motion to include both items.
CHAIRMAN SAUNDERS: 9B and 9C.
MR. YOVANOVICH: And that's with the modification for the
15-foot --
CHAIRMAN SAUNDERS: That's correct.
COMMISSIONER HALL: Correct.
MR. YOVANOVICH: -- sandy beach area, right?
CHAIRMAN SAUNDERS: And with all of the staff
stipulations.
We have a motion and --
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: -- a second. Any discussion on the
motion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. YOVANOVICH: Thank you.
Item #11H
October 14, 2025
Page 97
INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR
THE USE OF PARCEL ID 01049600004, A/K/A JOLLEY BRIDGE
SITE, TO REMOVE DEBRIS AND RECEIVE/OFFLOAD PILINGS
FOR THE NAPLES PIER RENOVATION. (TRINITY SCOTT,
DEPARTMENT HEAD - TRANSPORTATION MANAGEMENT
SERVICES DEPARTMENT) – MOTION TO APPROVE THE SITE
WITH DIRECTION TO STAFF FOR REVISION BY
COMMISSIONER KOWAL; SECONDED BY COMMISSIONER
HALL - APPROVED
MS. PATTERSON: Commissioners, with your agreement, we
do have a representative here from the City of Naples who's waiting
on Item 11H, if we could jump to that one. That will leave our
stormwater item for after lunch.
But Item 11H is a recommendation to approve an interlocal
agreement with the City of Naples for the use of Parcel
ID01049600004, otherwise known as the Jolley Bridge site, to
remove debris and receive offloaded -- receive/offload pilings for the
Naples Pier renovation.
CHAIRMAN SAUNDERS: Ladies and gentlemen, if you'd
please quietly exit the room, we're conducting business.
MS. PATTERSON: We do have Mr. Bob Middleton here from
the City of Naples as well as Ms. Trinity Scott, your department head
for Transportation Management services.
With that, I will hand it over to Bob or Trinity. Bob, Bob.
MR. MILLER: Trinity, I forgot which one it is.
MS. SCOTT: For the record, Trinity Scott, Transportation
Management Services department head.
A few months back, the City of Naples, Mr. Middleton, was
here requesting an interlocal agreement for the use of Bayview Park
for the restoration of the Naples Pier.
October 14, 2025
Page 98
After the Board's decision on that, Mr. Middleton reached out to
me to discuss the use of the Jolley Bridge site. And so Mr. Middleton
and I have been speaking over the last probably few months now
regarding the use of the site, and he's here to make a presentation, and
I am going to get it pulled up for him.
I saw it earlier. It's gone.
MR. MILLER: Exactly.
MS. SCOTT: Do you have it to where you can put it up here
while I look?
MR. MILLER: I've got it.
MS. SCOTT: Oh, there he is. What is it with you and technical
difficulties?
MR. MIDDLETON: I don't know.
MS. SCOTT: Anyway, I'll turn it over to Mr. Middleton. There
you go.
MR. MIDDLETON: Good afternoon. I'm Bob Middleton, the
Public Works director. This was -- that was nearly two for two for
my last two appearances before you.
But good morning, Chairman, Board members. This is the
City's request to approve an interlocal agreement with the County to
allow the use of the Jolley Bridge site for a few critical operations
related to the construction of the Naples Pier.
As you recall, the Naples Pier was critically damaged after
Hurricane Ian, and the cost to rebuild the pier is going to be about
$23 million.
Thankfully, we received TDC funding from you at $2.2 million.
We've also received funding from the State line-item appropriation
pot of money for $5 million. We're also waiting on word from
FEMA on what their donation will be to the project.
I want to thank Commissioner LoCastro and Commissioner
Kowal for the time they took and the efforts they provide -- provided
October 14, 2025
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letters of recommendation to the Army Corps of Engineers that the
pier be expeditiously repaired. Thankfully for those efforts, I wanted
to announce that last week we did receive Army Corps permit for
construction. We still have to hear back from FEMA, but I think they
were holding out on the Corps of Engineers' approval for that. So we
have that, so we're looking for additional permits from them.
Two critical operations need to take place to make the pier a
successful project. One is once they begin the demolition of the pier,
that will be the removal of the existing concrete pilings that are there.
Instead of just hauling them out and disposing of them in the landfill,
a more beneficial use of that would be to place them on our existing
reef that we have out in the Gulf of America.
To do that, the Army Corps has got specific parameters and
regulations on the cleaning and inspection of those old pilings.
The Army Corps requires landside inspection of those pilings
prior to deployment to the reefs. So the plan is is to -- once the
contractor removes the pilings, to clean them, put them on a barge,
clean them, and then take them to the Jolley Bridge site where they
will be offloaded on land to allow the Army Corps representatives to
inspect those pilings to make sure they're acceptable to be loaded
back on the barge and then to be deployed out to the reefs.
And the other critical operation besides the staging of the old
pilings is to have an unloading site for staging of the new 100-foot
pilings, and there will be 110 of those pilings.
Alternative sites. Currently we have an interlocal agreement
with the County to use the Bayview Park area to stage the
non-concrete disposal -- material to be disposed from the pier and for
landside disposal.
We're also using the lower landings, which is within the City of
Naples, near Naples Bay, to stage 120 of the 70-foot pilings that will
need -- that will be required for construction of the new pier.
October 14, 2025
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We'll also be storing IPE wood at that location. That was the
previous material that was used in the last rebuild of the pier, and
we're going back with the IPE wood for decking.
Other sites, we looked at Big Carlos Pass. It was not a suitable
location, and Cape Coral was not a sufficient location.
To go a little bit more into the operation, Operation 1 is the reef
material deployment. It will be a landside operation where the Army
Corps will have a chance to inspect those pilings before they are
loaded back on a barge and then for deployment. There's a
possibility that they may not need to do that operation once they see
what the old pilings look like. But for right now, it will be -- all the
pilings will have to be inspected by the Army Corps.
Cleaning and inspection of the pilings will be done prior
to -- prior to that material being taken to the Jolley Bridge site.
When you look at the new pilings and how they're going to be
transported to this location, we're talking 110 pilings. Our plan from
our contractor is that there will be three truckloads per day --
COMMISSIONER LoCASTRO: Can you go back? I think
you're off of the slide. I think you -- there you go. This is about what
you're about to talk about.
MR. MIDDLETON: About to, but I think these are -- yeah,
these are the 100-foot pilings.
When you look at the number of pilings and the time that we're
proposing to use the landings, there's going to be
37 truckloads -- excuse me -- 37 days that trucks will be going onto
Marco Island. Three trucks per day for three days per week to carry
110 pilings over the construction period of six to eight months. So
we're looking at 37 days out of those six to eight months that there
will be traffic from our vehicles, our trucks hauling those pilings.
We've looked at the truck route. I'll show you the -- an example
of where the truck route is. There's going to be no trucks on the
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weekends, and like I mentioned, up to three days per week and three
truckloads per day.
Here is the truck route. This is a little squeezed in here, but this
is the main truck route. Here's 951, or Collier Boulevard. This is the
staging site where we will transfer the material. The proposed truck
route right now is to go to Collier Boulevard and then turn left onto
San Marcos and make another left onto Bald Eagle Drive and then
make a right back out onto 951 to get the trucks headed in a northerly
direction. We found that it will not be a good idea to try to unload
and cross the northbound lane of 951 to get to this site. So right now
this is our proposed truck route.
We have been in contact with the staff at Marco Island
concerning the use of the Jolley Bridge site and have had discussions
with them by email on the truck route. Those Marco Island
employees are the assistant city manager, Casey Lucius; Justin
Martin, the Public Works director; and the chief of police, Frazzano.
And we've had several emails back and forth with them.
The other thing is once we get closer to issuing a notice to
proceed, we will meet with those city staff to make sure that we're on
the same page, if there's other alternates we need to look at as far as a
truck route, but we have had communications with the Marco Island
staff.
This is a -- shows the location of the staging area. It's a little bit
busy, but what I'll do is take you through some of the important
factors on this. Number one, this location right here, or any location,
we -- we will install a sign that will read something to the effect "the
use of this site is in support of the historical Naples Pier rebuild
project" to inform passersby as to what the operations going on there.
There's going to be two double-gate 40-foot entrance and exit points,
as right here and right here for trucks to enter and drop off their
pilings and then to exit the site.
October 14, 2025
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Over here on the south end, there's going to be a storage
container, two five-gallon -- two 500-gallon double-lined fuel tanks,
dual-wall fuel tanks, a porta-potty.
This site right here is Site No. 6. This is where the new piles
will be stored. When they come off the truck, there will be a crane
working in this area, which is the crane travel area and the processing
area to deploy the new pilings and to receive the old pilings, inspect
them, and to put them back onto the barges.
There's going to be two cranes that the contractor will use. One
is a 160-foot-by-50-foot-wide barge, and a smaller barge is 130 feet
by 40 foot wide.
To finalize the description of this, there will be a privacy fence
or a construction fence constructed -- a 6-foot fence constructed
around the entire perimeter of that with the green construction silt
fencing.
I put this in here as just a reminder. We do have an interlocal
agreement with the County to use the Bayview Park, and those are
the details of it. We will be using this site for non-concrete disposal
of construction debris. It will be barged to that area, and we put
together a scenario and a plan of how that site will be used.
Like I said, we've been in contact with the Marco Island staff. It
wouldn't be prudent for us to come before you requesting this
interlocal agreement had we not spoken with the Marco Island staff.
And we have. They have not told us outright no. They asked us a lot
of questions, so we feel very comfortable with their acceptance and
participation with us on this program.
So on behalf of the Mayor and the City Council, we would
appreciate your consideration to approve this interlocal agreement
and to complete the crucial steps in construction of the Naples Pier.
I would also like to introduce some of our staff that are with us.
Number one here is Bruce Selfon. He's the project manager and
October 14, 2025
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assistant city manager [sic]. We've got Kevin Land with
Shoreland -- Shoreline Foundations, and our consultant, Tim Hall,
with Tim -- with Turrell, Hall & Associates.
I believe that concludes everything.
Bruce Selfon.
MR. SELFON: Good morning. Thank you all. I just wanted to
say I'm Bruce Selfon, the project manager for the pier. I just wanted
to make sure -- one clarification. The 70-foot pilings which are going
to go closer to the land are actually going to be put onto the pier by a
giant crane that's going to be built on the beach with the permission
of the FAA, and that's how those piles are going to be placed.
The 100-footers, which are going farther out into the gulf,
cannot be placed by the crane. That's why we absolutely have to
have a barge that takes them from where they're placed onto the pier
for installation by two cranes that will be farther out in the water.
So I just wanted to clarify that as much as we could, the
staging -- we're giving the contractor two-thirds of the pier parking
lot. We're giving them a staging area on 12th Avenue South. We're
using lower landings, which is available for storage. Of the City sites
which were available to us, we are utilizing completely for their
support, but we need your support for the use of this county site in
order to make this all work.
Thank you all very much.
CHAIRMAN SAUNDERS: Thank you.
Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
You-all know the pier and the City falls within my District 4,
and I've been involved in this since day one trying to help move this
project along. I know permitting was one of the big things that we
had issues with the Army Corps.
And I just want to address -- I mean, I under -- we were talking
October 14, 2025
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about the reef sites. Now, correct me if I'm wrong, aren't -- the reef
sites, those are actually going to use our -- the County's locations and
the County's permits, so it's actually a joint operation. It's actually a
partial County operation using this site, let alone just the
reconstruction of the pier, which everybody uses in this county. It's
such an icon in a tourist location.
But that -- isn't that true that the actual --
MR. SELFON: Yes.
COMMISSIONER KOWAL: -- sites where the
reefs -- artificial reefs are going to be created are on -- they're
piggybacking on our permits because ours were still in force. We
haven't been using them. So this is a good opportunity to go out and
start using them on these locations under our permitting.
MR. SELFON: Yeah. So all the -- there are four county sites
and two city sites that are in our permissions that we send to the
federal authorities. We have to dive on the sites to see which ones
are suitable under the new Army regs, but we're going to use
whatever is the most cost effective and available. You have to have
flat, sandy area. You can't have area to put the pilings where there
could be encroachment onto marine life.
So it's all very regulated. We actually have to have a diver
every day dive on the site to make sure there's nothing down there
that's come since the last time we've been there. It's very labor
intensive but very important from a sustainability point of view.
That's why we're trying to work with everyone to accomplish it.
COMMISSIONER KOWAL: So this is -- so, basically, this is a
pretty public project. It's not a private project. It's public for the
County and public for the City, you know, and we're getting the
opportunity to do something we've, you know, had the -- you know,
in place to do it for some time, and this is going to help us fulfill that
mission with using our permit.
October 14, 2025
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The other thing is I have a little history in traffic control and
things like that. I know these trucks don't just roll up here, you know,
in a whim. You know they're coming. They're usually escorted by
other vehicles with emergency lights and flags and long oversize
load -- basically like a convoy coming in. So these are not, like,
just -- they're going to show up with -- this big [sic] tractor-trailer
show up with 100-foot pier on it.
My thing is -- we're almost overthinking this to a point. We do
construction all the time. We have, from time to time, lane closures,
things like that pertaining to construction. We're talking three times a
day, 37 days out of this whole project at the most, or around that
number. Wouldn't it just make sense -- there's a cut-through to the
north of this location with no other side streets, so there's nothing that
could get on the streets from the northbound lanes at that cut-through,
and it's north of our Collier County deepwater launch area, which you
keep referring to as the area we want to use as a staging area near the
Jolley Bridge. And this is all on county property. This is all on the
County's side of the bridge.
Wouldn't it be easier just to have a couple detail deputies on the
day the trucks arrive? We just shut the street down, put some
information signs one side of the Jolley Bridge, one on the other, let
them know that on certain days traffic will be interrupted
momentarily. And then we shut the street down. They run down the
opposite side of the road, and they pull into the spot, and it's a done
deal. Wait for the next truck.
And then -- we're not -- we're not, like, going into the City of
Marco and going through all these streets, making this extremely
large thing with this caravan of trucks. To me, that just makes sense.
It's not like we don't do it on a regular basis when it comes to
construction. Even when we do maintenance on the side of the roads,
we shut certain lanes down, you know, periodically.
October 14, 2025
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So this isn't -- to me, I don't believe it's that much of a burden on
the traffic; that they know ahead of time that at certain times there's
going to be a delay. And to drive a truck a thousand feet down the
opposite side of the lane with no traffic doesn't take that long. And
once they're in, they're in. Then the road's back open again. So I was
just throwing it out there.
MR. SELFON: Thank you, Commissioner. We considered the
option of crossing the median, which is there, and seeing if we could
have some direct access.
COMMISSIONER KOWAL: I'm not talking about the
cut-through close to the Jolley Bridge. If you go north --
MR. SELFON: Right.
COMMISSIONER KOWAL: -- about a quarter of a mile,
there's a big cut-through. You stop the traffic there, you stop the
traffic back at the loading site. Not near the bridge, because the
bridge would be a little bit more hazardous because they come over
the bridge. You still have a grace period before they have to stop
where the site is itself, where the loading -- offloading site in the
deepwater launch.
Some people think of the one right under the bridge. This is not
the one. This one's further up the street. So that gives you a grace
period that they know they're going to be stopping and they see the
sign on the other side of the bridge. The sign's then illuminated
saying, hey, you know, then the traffic's stopped momentarily while
the truck comes down the opposite lane, and it pulls into the site.
CHAIRMAN SAUNDERS: Let me -- if I might -- because
we're not going to solve your transportation problem here on the fly.
But perhaps you could work with City staff to come up with a
better --
COMMISSIONER KOWAL: No, I just -- because I know he
was saying they don't have a concrete answer from Marco yet, and
October 14, 2025
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I'm just saying there's another option. We don't even have to include
Marco into this whole thing.
MR. SELFON: As I said -- and you have Ms. Scott here, your
Transportation. All I would say is that we were advised at the start
to -- especially since we're going to be doing this during season -- to
try to get off the beach before the beginning of the next turtle season,
that we would be significantly impacting traffic both ways in and out
Marco Island, and if we could avoid that, we would, and that we also
said there was FDOT issues in getting permissions, and it was an
uncertain time frame from FDOT.
So it seems to us -- and we could be wrong, and you'll certainly
advise us -- that the least painful alternative were these
110 truckloads with, as you suggested, Commissioner, a truck with
an escort fore and aft that would come through on 36 days spread
over the six- to eight-month period, and making left turns, which I'm
told are the easiest turns for the trucks to make, except for the final
right-turn lane [sic] back onto 41. And then, of course, when they
leave, it's only a one-way operation. They don't go through Marco
except on the way in.
So that was the -- what we were told is the preferred choice, and
that's where we are at the moment. But, you know, we'll take advice
from everyone, and thank you for the suggestion.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
I did write a professional but very strong letter to the Army
Corps who I have a lot of previous experience with, and they actually
replied back to me personally and I appreciated it. And hopefully
what Commissioner Kowal did and what you-all did helps speed
everything along; however, this Jolley Bridge is in my district, okay.
And so -- and nobody wants the pier built more than everybody who
lives here, and we know we've got to sometimes, as I always say, eat
October 14, 2025
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the spinach a little bit because sometimes there's no easy way to do it.
But as I've told Trinity Scott, I'm disappointed that something a
lot less intrusive hasn't been put together. I won't vote for this. So
maybe in the interest of time, the other commissioners will say,
"Well, you guys will just work all the details out." Well, it won't be
with my vote, because I live on Marco, and cutting trucks all the way
through the island because we can't figure out -- you guys can't figure
out some way to have an easier cut-through or to stop traffic.
I like what Commissioner Kowal is suggesting, and maybe this
isn't the meeting to do your homework for you. But I can tell you,
three trucks in the middle -- right now Collier Boulevard in the
entrance to Marco Island -- and I realize your trucks aren't coming
tomorrow, but right now it's half closed because they're doing a big,
you know, water pipe construction project and a bunch of other
things.
You might be talking to the lower staff, but I can tell you right
now you don't have City Council approval. And until you have that
where they say, "Oh, yeah, we think three trucks a day traversing the
entire island because they can't do a U-turn or they can't make a left
turn is just fine" -- and I think our approval today of the barge plan
implies that we're approving the whole plan.
And then hear me out on the barges. I was hoping that there
would be a lot less intrusive -- or a lot more advantageous area
somewhere maybe north of the pier, and you're saying there isn't.
But when you load those barges there -- I'm very familiar with this
area. When you load the barges there, here's what's going to happen
in season: The barges going to and from then go under the Jolley
Bridge, which isn't the Sunshine Skyway. It's actually -- the entrance
and exit underneath the Jolley Bridge is actually pretty narrow. And
when you have three or four fishing boats coming in and out of there
at will, the -- they're not all just going to get out of the way because a
October 14, 2025
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giant barge is coming through with construction materials.
But if the barge is headed to the pier -- so it goes under a tight
Jolley Bridge for the size of the barge, then it has to go by the yacht
club, then it has to go by Rose Marina on its way out to the Gulf of
America. Then as it gets out to the gulf, it makes a right-hand turn,
and it goes all the way by Keewaydin where in season sometimes
there's a thousand boats out there, usually people sometimes that
aren't very expert in, you know, driving a boat. People that rent boats
at Rose Marina a lot of times are folks that, you know, come here
from Wisconsin, rent a boat, and they're out there. And maybe we've
had issues, some safety issues.
So you have a major barge that's fully loaded traversing one of
the most busy waterways as it goes all the way out to the pier,
passing very, very busy places where boats are just sort of coming
willy-nilly. And, you know, I don't hear anything in your plan that
says that barge is going to be led by some sort of police boat or
something. I mean, when we see doublewide trailers coming down
I-75, there's a pickup truck with giant lights that says, "Get out of the
way," you know, we're riding on two lanes. You need something like
that for the barge.
And then once the trucks start coming, the sheer fact that you're
talking to people at the staff on Marco -- I can tell you, you don't
have approval from the elected city council members, and
they're -- they're our counterparts. So you're asking for our
permission for this plan.
And I'm not trying to stop the rebuild of the pier, but I want to
make sure we just don't sort of rubber stamp with minimal thought,
and then it's the citizens on Marco, in my district, that heard nothing
about three trucks a day going all the way around the circumference
of the island just so they can get to the base of the Jolley Bridge that
the trucks just passed but couldn't do something creative like
October 14, 2025
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Commissioner Kowal said. I had even said, why don't we cut out a
part of that middle island. They make an immediate left turn, then
they exit, and then that small part of the island is reconstructed. And
I was told that's impossible.
But I don't think this is well thought out. I think there's a lot of
safety concerns. And when a big chunk of this affects Marco Island
and you've talked to Casey and a few staff members, that doesn't give
me confidence that you have, you know, their support.
So you have, you know, my support to rebuild the pier. And I
don't know every footprint in all of Collier and Lee County of where
other places exist. The Jolley Bridge, a lot of times, is a quick default
because it's been used in the past, but we've tried to protect that area
from just, you know, willy-nilly using it.
This is a -- you know, for the public good, so I get that, but I
think when it comes to safety, the traversing of the island, how all
these things are going to come together, especially in season, I don't
believe it's well thought out.
And I realize you're not doing it tomorrow, but that's why I told
even Ms. Scott, I think you-all coming to this Board of County
Commissioners meeting today is premature because I want to hear
that everything's been, you know, marked out. And our approval
today would send a signal to some of the people that haven't, you
know, given the approval for this that we've given the approval. And
we can't speak for Marco Island.
So the minute you hit that Jolley Bridge, all of a sudden the
County's out of it. And I was hoping you would come here with the
city manager from Marco saying, you know, "Oh, we've thought all
this out. We're going to have a lead with police cars. We're going to
block off roads. We're going to do it safely." If I briefed this right
now to every citizen on Marco Island, their heads would explode.
Now, if the City Council briefed it and sold it and said, "Hey,
October 14, 2025
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we're all trying to be good stewards to fix the pier" -- but this won't
get my vote today. There's too many unanswered questions, and
there's some major safety issues. And I think we're sort of defaulting
to what's the easiest thing and with little thought to how it would
impact traffic, citizens, safety, and all the above.
So I mean -- I wrote a letter to the Army Corps, so I'm obviously
in favor of the pier, but I think it's got to be done, you know,
correctly and smartly and also with thought to the impact to our
citizens and with the approval of groups it's going to affect, most
notably Marco Island. And I know you don't have that yet. I know
that for sure. So it won't get my vote today.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Trinity, if you would,
please, because I'm sitting here -- and I would like to approve your
plan. Nobody wants to delay, at all, the reconstruction of our pier,
but I actually have on my note, well, why aren't we just doing a
temporary crossing on the median at 951, the median that's there.
Tear it up, put a gravel road in, do the traffic control as has
been -- has been suggested by three of us now -- have a temporary
crossing over their median. And then we'll restore it after we're all
done. We're only talking about, like you said, three trips a day over a
certain period of time. Have the proper traffic control, and
then -- and now, if there's some -- and if I'm not mistaken -- I don't
want to hear DOT won't approve us crossing that median, because
that's a county road.
MS. SCOTT: I'm sorry, sir. You're not correct on that. That is
state road.
COMMISSIONER McDANIEL: Dang it. Dang it.
COMMISSIONER KOWAL: It changes. It goes county, state,
county, state.
COMMISSIONER McDANIEL: Don't write that down.
October 14, 2025
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COMMISSIONER LoCASTRO: But I bet from a safety point --
COMMISSIONER McDANIEL: Don't write that down.
COMMISSIONER LoCASTRO: -- if they knew were maybe
traversing all of Marco Island, I think from a safety -- I knew you
were going to say that because I know it's not a county road.
COMMISSIONER McDANIEL: Let me go here.
COMMISSIONER LoCASTRO: Go ahead, sir.
COMMISSIONER McDANIEL: And I apologize, because I
had County Road 951 in my brain. So let's -- because I absolutely
concur. A hundred-foot tractor-trailer trying to traverse Marco Island
on limited space two-lane roads making left turns, yes, we all know
about that, but that's not going to be -- that's not going to be any day
at the beach in and of itself.
There's three of us here that are talking a different truck route
needs to be solved. I'd be happy to pass this forward holding back
that approval of that truck route and come up with an alternative to be
able to get in to access to the point, either what Commissioner Kowal
said or tell the dang State to get out of the way and let us cross the
median for six, eight months to rebuild our pier.
CHAIRMAN SAUNDERS: Let me make a suggestion, if I
could, because obviously there's a transportation problem that needs
to be fully evaluated. Today we're asked whether or not they can use
this particular site for staging. I think we can get through that hurdle
but also with instructions to our staff to work with the City staff and
the Marco Island staff to come up with a better way to get the trucks
in and out of there. To try to solve that at this time is going to be
impossible. So if the Board is okay with that --
COMMISSIONER McDANIEL: I'd be --
COMMISSIONER KOWAL: I'm okay.
COMMISSIONER McDANIEL: And that was kind of what I
was suggesting is, you know, approve the utilization of the site but
October 14, 2025
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figure out a different way to get the trucks in and out.
CHAIRMAN SAUNDERS: All right. If there's -- see if there's
a motion to do that and with the direction for our staff to help solve
this transportation problem.
COMMISSIONER KOWAL: I'll make a motion to what the
Chairman has stated. For today we will take a vote for the site
itself --
COMMISSIONER McDANIEL: Right.
COMMISSIONER KOWAL: -- and then we have staff and
everybody re-think this route.
COMMISSIONER LoCASTRO: The only caveat I'll say -- and
you'll get my vote for that. I think that's a good compromise, but I
think you've got to put some thought into how that barge is going to
then leave that site and traverse. You know, this is a perfect map. It
is traversing the busiest waterways, especially in season, many times
with unskilled boaters, and the largest thing that's going to be
plowing through this area is going to be that barge fully loaded.
So I don't know if it needs some sort of, like I said, police boat
escort or something ahead to make sure there's not something in the
way. A lot of kayakers are even out in the area, and they can't get out
of the way of a barge.
We have one accident, one fatality, a whole bunch of smart
people are going to come in here and say, "I can't believe nobody in
this room was smart enough to make sure safety was the No. 1
concern." And I think you've got -- I know you have several loose
safety items.
So I'll support it. I know the barge isn't coming tomorrow, but
I'm going to be, like, on top of this tight and very vocal, and I hope I
don't have to be, because I hope as you work through those
things -- the voting on the trucks and everything, that should be a
separate vote on our part, and it sounds like the Chairman is -- that's
October 14, 2025
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what he's suggesting, and I would concur with that, but I still think
barge-wise, you guys have got some loose ends that could result in a
real tragedy.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER HALL: I second the motion.
CHAIRMAN SAUNDERS: We have a motion and a second. Is
there any further discussion?
(No response.)
CHAIRMAN SAUNDERS: If not, I'll call for the vote. All in
favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
So you can use the facility, but there's a real need to make sure
that the transportation issue is resolved. And our staff will work with
you, as well as the Marco Island staff, to make sure that we have a
safe approach both on land and also on the water.
MR. SELFON: Thank you very much. I made the same
mistake -- excuse me -- made the same misassumption that
commissioner said that -- hoped it was a county road, and I was
already planning how the gravel was going to go, and then I was
told -- FDOT in an uncertain future. But we're going to explore all
those opportunities and do our very best to make sure that we are able
to -- and necessary for us to traverse the Jolley Bridge. We
appreciate your support for the pier.
CHAIRMAN SAUNDERS: And, Ms. Scott, if you could report
October 14, 2025
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back to us as this evolves.
All right. We're going to take a lunch break.
MR. SELFON: Thank you all.
MR. MIDDLETON: Thank you.
CHAIRMAN SAUNDERS: We've got a lot of work to do this
afternoon. But would 45 minutes be enough for lunch, or do we need
a full hour?
COMMISSIONER KOWAL: Sure.
CHAIRMAN SAUNDERS: All right. Let's come back at
1 o'clock.
(A luncheon recess was had from 12:20 p.m. to 1:00 p.m.)
Item #8A
RESOLUTION 2025-216: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
GRANTING A WAIVER FROM THE MINIMUM REQUIRED
SEPARATION OF 500 FEET BETWEEN FACILITIES WITH
FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE
LAND DEVELOPMENT CODE, FOR FUEL PUMPS AT A
COSTCO WHOLESALE, WITH RESULTING SEPARATION OF
132 FEET FROM THE PROPERTY LINE OF THE EXISTING 7-
ELEVEN. THE PROPERTY IS LOCATED IN THE COMMERCIAL
TRACT OF THE HACIENDA LAKES MIXED USE PLANNED
UNIT DEVELOPMENT (MPUD) LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER
BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF +/-25.86
ACRES OF THE +/-2,262 ACRE MPUD. (PL20240011790) (THIS
ITEM IS A COMPANION TO 9.A. PDI-PL20240011559) –
October 14, 2025
Page 116
MOTION TO APPROVE WITH CHANGES BY COMMISSIONER
HALL; SECONDED BY COMMISSIONER LOCASTRO -
ADOPTED 5/0 – MOTION TO APPROVE THE INSUBSTANTIAL
CHANGES TO THE PUD BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER MCDANIEL
Item #9A
ORDINANCE 2025-47: AN ORDINANCE AMENDING
ORDINANCE NO. 11-41, AS AMENDED, THE HACIENDA
LAKES MIXED-USE PLANNED UNIT DEVELOPMENT, TO
APPROVE AN INSUBSTANTIAL CHANGE TO THE PUD, TO
ADD DEVIATIONS FOR RELIEF FROM THE COLLIER
COUNTY LAND DEVELOPMENT CODE RELATING TO
ARCHITECTURAL GLAZING STANDARDS, BUILDING
FAÇADE MASSING, LIGHT FIXTURE HEIGHTS, LOADING
SPACES, LANDSCAPE STANDARDS FOR INTERIOR
VEHICULAR USE AREAS, AND SIGNAGE, AND PROVIDING
FOR AN EFFECTIVE DATE. THE SUBJECT PARCEL IS IN THE
COMMERCIAL TRACT OF THE MPUD LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER
BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF +/-25.86
ACRES OF THE +/-2,262 ACRE MPUD. (PL20240011559) (THIS
ITEM IS A COMPANION TO 8.A. ASW-PL20240011790)
MOTION TO APPROVE WITH CHANGES BY COMMISSIONER
HALL; SECONDED BY COMMISSIONER LOCASTRO -
ADOPTED 5/0 – MOTION TO APPROVE THE INSUBSTANTIAL
CHANGES TO THE PUD BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER MCDANIEL
October 14, 2025
Page 117
MS. PATTERSON: Chair --
CHAIRMAN SAUNDERS: Ladies and gentlemen, the meeting
of the County Commission will please come to order.
Ms. Patterson, where are we on the agenda? I think we have a
Costco item up sometime this afternoon; is that correct?
MS. PATTERSON: Yes, sir, we do. That brings us exactly to
our 1 o'clock time-certain. And bear with me while I read these two
companion items into the record. Items 9 -- 8A and 9A are
companion items. Starting with 8A, this is a recommendation to
approve a resolution of the Board of Zoning Appeals of Collier
County, Florida, granting a waiver from the minimum required
separation of 500 feet between facilities with fuel pumps pursuant to
Section 5.05.05.B of the Land Development Code for fuel pumps at
Costco Wholesale with resulting separation of 132 feet from the
property line of the existing 7-Eleven.
The property is located in the commercial tract of the Hacienda
Lakes Mixed Use Planned Unit Development located at the southeast
corner of the intersection of Collier Boulevard and Rattlesnake
Hammock Road in Section 23, Township 50 South, Range 26 East,
Collier County, Florida, consisting of plus/minus 25.86 acres of the
plus/minus 2,262-acre MPUD.
Its companion item is Item 9A. This is a recommendation to
approve an ordinance amending Ordinance No. 11-41, as amended,
the Hacienda Lakes Mixed-Use Planned Unit Development, to
approve an insubstantial change to the PUD to add deviations for
relief from the Collier County Land Development Code relating to
the architectural glazing standards, building facade massing, light
fixture heights, loading spaces, landscape standards for interior
vehicle use areas and signage, and providing for an effective date.
The project parcel is in the commercial tract of the MPUD
October 14, 2025
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located at the southeast corner of the intersection of Collier
Boulevard and Rattlesnake Hammock Road in Section 23,
Township 50 South, Range 26 East, Collier County, Florida,
consisting of plus/minus 25.86 acres of the 2,262-acre MPUD.
This will require disclosures from the Commissioners and for all
participants to be sworn in by the court reporter.
We'll start with the Commissioners.
CHAIRMAN SAUNDERS: All right. Commissioner Kowal,
disclosures.
COMMISSIONER KOWAL: Yes. I have, on 8A and 8 -- 9A,
meetings, correspondence, and emails.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Same.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Same.
CHAIRMAN SAUNDERS: All right. And, Commissioner
LoCastro.
COMMISSIONER LoCASTRO: Same.
CHAIRMAN SAUNDERS: And I have the same disclosures as
well.
MS. PATTERSON: Very good. If all participants could stand
to be sworn in by the -- raise your right hand and be sworn in by the
court reporter; this includes any public speakers that will be speaking
today as well.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SAUNDERS: All right. For planning purposes,
we'll hear the -- both items together, but we'll take separate votes on
these when it comes down to that.
October 14, 2025
Page 119
MS. PATTERSON: Yes, sir. And we will begin with the
applicant. Sir.
MR. WESTER: Good afternoon. My name is Brad Wester,
vice president of land use at Driver, McFee, Hawthorn & Diebenow.
That is 1 Independent Drive, Suite 1200 in Jacksonville, Florida
32202.
Correct, I'll be describing this in total with one full presentation,
and then we can go back to any of the slides as needed for questions
and answers or any other redirect based on exhibits or testimony.
As mentioned, this is a waiver from the minimum required
separation of 500 feet between facilities with fuel pumps pursuant to
the Land Development Code Section 5.05.05.B for a Costco
Wholesale gas facility with the resulting separation distance of
132 feet from the property line of the existing 7-Eleven parcel.
Additionally, this is also a PDI, which is an insubstantial change
to the Hacienda Lakes MPUD to add deviations for relief from
architectural glazing standards, building facade massing, light fixture
heights, loading spaces, landscape standards for interior vehicular use
areas, for additional parking and signage.
Background and entitlements. The County's Growth
Management Plan designated the subject property a mixed-use
activity center, specifically Subdistrict 7 since the plan's adoption in
1989. The subject property is in the commercial tract of the
Hacienda Lakes Mixed Use PUD and DRI since its adoption in 2011
and as amended.
Hacienda Lakes MPUD is approved for 327,500 square feet of
commercial uses, 70,000 square feet of office, 140,000 square feet of
business park, 135 hotel rooms, and 1,760 residential units.
A warehouse retail store and gas facility are permissible
commercial uses allowed by right in the Hacienda Lakes PUD.
Here is the subject property. I think we're all aware of that.
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This is a graphic depiction of the activity centers. The map on the
left shows one of the adopting maps from the activity centers in the
Growth Management Plan, and then the one on the right shows it
colorized, noting the subject property itself as a commercial district
in the activity center.
This property -- this graphic highlights the subject property in
relation to the overall activity center, and then more specifically the
activity center subdistrict are based on the highlighted elements here.
Locations are based on intersections of major roads and on spacing
criteria.
Number 7, Rattlesnake Hammock Road and Collier Boulevard,
that is the subject activity center. The mixed-use activity center
concept is designed to concentrate almost all new commercial zoning
in locations where traffic impacts can readily be accommodated to be
interconnected with abutting parcels and projects, whether
commercial or residential, allow the land uses in the mixed-use
activity centers, include a full array of commercial uses, residential
uses, institutional uses, hotel and motel, with a maximum density up
to 26 per acre and other land uses as generally allowed in the Urban
designation.
In closing, with the highlighted area on the right, the maximum
amount of commercial uses allowed in the activity center is 40 acres
per quadrant, and specifically for our subject area, the southeast
quadrant may have a total of 49.2 acres, and I'll describe the
significance of that.
Highlighted here is the actual Hacienda Lakes MPUD or an
acceptor -- a portion of the entire MPUD. This graphic shows the
subject property in relation to the commercial designated tract in the
MPUD. You can see that there with the various access points that are
contemplated for access to various surrounding parcels for
interconnectivity.
October 14, 2025
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These next slides show the list of permissible uses in the MPUD.
Highlighted now is miscellaneous retail. And you can see the SIC
codes associated with that, which the County has already deemed that
the Costco fits that.
Other uses, similar to automotive repair services, parking, food
stores, gasoline service stations, general merchandise, home
furnishing, and the like, and including any other commercial use
which is comparable in nature. You could say there are more than 90
potential uses that are allowed, including residential, as permissible
uses on this property, which shows the context of the mixture of uses
allowed by right.
This is a drawdown schedule from the County staff itself
showing the square footage request in relationship to what is
permitted and entitled, which is 327,500 square feet. Our request,
which is the architectural envelope of the building, 156,000
plus/minus square feet, then the remaining allocated development
rights for the overall PUD for retail square footage, 170,000. So
we're under 50 percent of that threshold.
I'd like to turn your attention to the other elements in this as
well. You can see committed total dwelling units -- committed
dwelling units and the total available. Still allowed in this PUD, 132
total single-family, 670 multifamily, 130 ACLF. We've already
talked about the retail commercial; 70,000 office and medical;
140,000 business park; and 135 hotel. That is what is allowed by
right as far as remaining allocated development rights.
Here's a graphic of the separation distances from our request,
and please note this is from parcel to parcel. So it's lot line to lot line.
You can see the 7-Eleven and the Racetrac. And this -- the context of
this, we're asking for a separation waiver from the 7-Eleven parcel
itself.
We are about 132 feet plus or minus from that property line, but
October 14, 2025
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as noted, our subject property is roughly 25 acres.
On the right, you can see there we're roughly, from property line
to property line, 330 feet from the existing multifamily and 720 feet
from the existing single-family.
Criteria for review in the ASW. There's a specific section in the
code that says if you apply for waiver, you should adhere to the
certain criteria which this application is judged by.
Specifically, in this section, 5.05.05.B.2.a.i, such boundary,
structure, or other feature may include but is not limited to lakes,
marshes, non-developable wetlands, designated preserve areas,
canals, and a minimum of a four-lane arterial or collector
right-of-way, which is describing the natural or manmade boundaries
or structures that separate fuel facilities.
Rattlesnake Hammock Road is a designated four-lane divided
Class 3 arterial. The divided roadway median and right-of-way edges
are grassed and landscaped with trees currently, which provides
additional buffer and screening.
Three hundred seventy-five to 400 feet is the distance between
the actual serviceable canopy uses between the existing 7-Eleven
canopy, not the property line, and our proposed gas canopy.
Approximately 500 feet by 25 feet is the enhanced landscape
buffer abutting the gas facility along Rattlesnake Hammock Road,
and that's essentially what was proffered at the Planning Commission
hearing, to add an additional landscaping buffer around the perimeter
of the property.
5.05.B.2.a.ii, whether the facility with fuel pumps is only
engaged in the servicing of automobiles during regular daytime
business hours or if in addition to or in lieu of servicing, the facility
with fuel pumps sells food, gasoline, and other convenience items
during the daytime, nighttime, or a 24-hour basis.
The gas facility is member-based. The gas facility does not sell
October 14, 2025
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gas on a 24-hour basis. The gas facility does not sell food or
convenience items and does not provide vehicle repair on the
property itself.
As far as the gas pod, the gas facility's open for business during
daytime hours and closes approximately one and a half hours after
the warehouse.
The lights do turn off when the gas facility closes for business
except for security lighting, which is nominal.
Continuing with the criteria, 5.05.B.2.a.iii, whether the gas
facility with fuel pumps is located in a shopping center primarily
accessed by a driveway or if it fronts on and it's accessed directly
from a platted road right-of-way.
The gas facility is part of a retail shopping center, the Costco
Wholesale center. Location, on the commercial tract in the MPUD
and activity center. The gas facility is not accessed directly from the
platted road right-of-way. It does not have its own specific dedicated
driveway to Rattlesnake.
The gas facility is accessed through interior circulation drive
aisles, and that's important. I'll show this in a minute.
The gas facility has a one-way traffic circulation with adequate
well-planned and engineered queuing and pass-by through lanes
separate from the main parking and circulation areas.
Continuing with the criteria. 5.05.B.2.a.iv, whether the granting
of the distance waiver will have an adverse impact on adjacent land
uses, especially residential land uses. You'll note I italicize those,
okay. We are knowledgeable of the adjacency factors regarding this
request in our justification. The use of this consistent -- is consistent
with the Growth Management Plan and activity center designations
as adopted and as an allowed use on the commercial tract in the
Hacienda Lakes PUD.
The property is approximately 330 feet from existing
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multifamily residential and approximately 720 feet from the existing
single-family residential to the east separated from existing
residential by enhanced buffers, a 170-foot FP&L easement, parcels
of land in the MPUD, and existing roads and development.
The p.m. peak-hour trips are below the approved MPUD max
thresholds. There is an adequate queuing vehicle facility in the gas
pod itself. Rattlesnake Hammock Road will operate at only
approximately 37 percent of its total capacity with the gas facility and
the wholesale store. It is not adversely impacted.
The use will not cause adverse lighting or noise impacts to
adjacent areas and/or residential areas to the east. Environmental and
stormwater standards will meet and exceed state and federal
requirements, and the granting of the ASW is not in violation of any
Florida Statute in that no state statute or rule exists prohibiting gas
facilities within 500 feet of each other like this request.
Specific to adjacency regarding the criteria. 5.05.05.B.2.a.iv,
again, the adjacency of land use, especially residential land uses. The
County's definition of adjacent is: To share a common boundary
line -- a property line or boundary or to be separated by a public
right-of-way easement or water body. Again, I'll describe that in
context graphically in a minute.
We're also asking for a PDI, which is an insubstantial change to
the PUD.
We're asking for a relief from maximum light pole height of
25 feet. The 25-foot standard will add up to nine more light poles
and 15 fixtures on the site. The requested 36 and a half height allows
for a reduced number of poles and reduces visual clutter and still
exceeds the minimum lighting standard for the foot candles at the
property edge. And I'll show that. We are 0.0 foot-candles along the
eastern property boundary.
Relief from the additional requirement to obtain a variance and
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provide double the interior landscaping if the commercial project
includes more than 120 percent of the required parking. The relief
will not require a variance and allow the normal landscape
requirements to apply to this commercial project.
A hundred and forty-nine spaces are depicted as overflow and
provided in an existing FP&L utility easement. Six hundred seventy
spaces are proposed outside of that easement in the main
development area, which is only 130 -- 103 percent of the max
parking standard, but it is below the 120 percent threshold on site.
The property will include, by way of a proffer at the Planning
Commission hearing, an additional 25 percent landscaping along
select well-planned perimeter areas of the property.
Number 3, relief from the minimum loading space requirements.
The County has a rule, if you're a certain square footage, you must
have a certain number of loading docks. The requested five truck
loading spaces are the standard amount for Costco Wholesale. We
will have four at the store itself and one at the gas facility.
The required code amount is excessive, and it's up to eight and
not warranted for this Costco Wholesale use.
This is an architectural deviation from the facade requirement
for 15 percent of the glazing, which is glass in architectural terms, on
primary facades for a reduction from at the total 45 percent for all
facades to a total of 23 percent. The building will incorporate planted
metal trellises structurally attached to the building facade as an
alternative to glazing in certain areas. This approach will mitigate the
absence of glazing as much as possible in alignment with the project
program while also contributing to the architectural aesthetics and
functionality.
Five, relief from the variations of the massing of 150-foot break.
For the variation of the massing, the structural attached planted
trellises provide an elevation break for visual interest variations along
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the facade. They are also strategically placed to work with the
project's program while contributing to the architectural aesthetics
and meeting the spirit and intent of the requirement.
Number 6, and finally, relief in the max signage requirement in
nonresidential districts for a total of 301 square feet over the
maximum combined 500 square feet. This signage square-foot
increase is commensurate with the size of the building space for the
increased visibility for promotion and way-finding based on the
orientation.
Additionally, two wall signs were removed from the building on
the east-facing elevation toward the residential areas and the
south-facing elevation toward the hospital. Those were done as a
proffer with the Planning Commission.
There are no monument signs and no pole signs associated with
the store or gas facility in this request. The only signage will literally
be on the building.
Here's a depiction of the actual PDI site plan. It is under
consideration now with all of the labeling. And this is a rendered
version of that same site plan. So it's a lot easier on the eyes with this
coloration showing the building, the gas facility, the parking fields,
the buffers and green spaces and the stormwater pond and the other
associated infrastructure.
I will come back to this in a minute.
Here's our parking map deviation. So you see the purple shade,
essentially, is all of the parking that's underneath the Florida Power &
Light easement, and the blue is on the property itself.
This is a -- from our landscape architect. This is a depiction of
the increased landscape buffer. So there is a green line that is
highlighted around this -- this area. And that is kind of an
enhancement area where we're adding additional landscaping in
addition to the gas pod, essentially everything that's on the frontage
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and the perimeter, specifically highlighting the perimeters adjacent to
the neighboring uses to the east.
This is the elevation showing our Costco Wholesale signage
requests, and it shows the different depictions and different elevations
of the signage.
Lighting, this is our engineering photometrics plan. This is done
by our photometrics consultant. And the metric here is to not exceed
20 foot-candles under the canopy per average, and we are at 19.5
foot-candles average light level under the canopy itself. More
specifically, these are depictions of that same photometrics plan on
the property edges on the easternmost portion of the property, okay,
in context to the neighboring uses to the east. So we are at 0.0-foot
candles on the northeast corner, on the eastern edges, and then the
southwest corner along the hospital properties, 0.0.
Traffic circulation. Indirect access via internal circulation
vehicular use areas. We have one-way traffic flow into the gas
facility itself with ample stacking and queuing specific to the gas
facility. Dedicated pass-through reliever lanes between the fuel items
also exist. They are separate and safe for fueling space, and there's
no sale of convenience items, no cash, no vehicle repair services in
the gas pod.
Continuing with parking and traffic circulation. The Hacienda
Lakes MPUD has a max vehicle trip generation cap of 3,328 p.m.
peak-hour trips. The Costco Wholesale and gas facility will generate
511 p.m. peak-hour trips. Traffic is below the adopted p.m.
peak-hour thresholds in total, and at the buildout and opening of the
Costco Wholesale and gas facility, the total trips on Rattlesnake
Hammock Road will still only be at approximately 37 percent of the
road's total capacity. That's after the warehouse and the gas are
opened if this were approved.
The DRI -- continuing with gas circulation and parking. The
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DRI required improvements for certain roadways and peak-hour trip
capacities. But based on the Commitment 1, roadway improvement
to Rattlesnake Hammock Road, the owner shall be allowed to
develop up to 327,500 square feet of retail commercial land uses in
residential or residential Pod A or a combination of the two land uses.
The current commercial square-foot request and the existing
dwelling units built are under the adopted 1,409 p.m. peak-hour trips
on this segment of Rattlesnake Hammock Road, and that's a key
metric there. You can see the graphics there showing the obligations
to build the infrastructure associated with the relief of certain square
footages or dwelling unit counts or combination thereof.
And this closes it out. Based on the Commitment No. 3
roadway improvements, which extended Rattlesnake Hammock Road
to its current terminus, the owner shall be allowed to develop the
following land uses: 20,000 square feet of general office, 50,000
square feet of medical office -- that's a typo there with the
No. 0 -- 135-room hotel, 327,500 square feet of retail commercial,
Residential Pods A and B, remaining residential within the activity
center land use, and 919-student elementary school.
The roadway infrastructure has been built and dedicated to
accommodate the uses as described in the DRI and the MPUD.
Again, highlighting the drawdown spreadsheet from the county staff,
327,500 square feet total, Costco is requesting 156,866, and
remaining is 170,000, so we are under 50 percent of that max.
And finally, Hacienda Lakes, LLC, and its successors and
assigns has a joint-use agreement with the hospital, and it has been
recorded in the public records, and it includes this legal description
and the survey noting this access into the loop road from Rattlesnake
Hammock for interconnectivity.
There will be three ingress and egress points shared
access -- with the access agreement from Physicians Regional. There
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are three on the Costco site, two that access Rattlesnake Hammock
and one to the hospital property. And the approved MPUD
contemplated up to five access points on this property, including two
to the hospital. The hospital itself we've worked with. We've
whittled it down to one that is needed for the interconnectivities of
the Costco parcel, and again, that's recorded in the public records
right now.
Talking about environmental and gas operations, Costco's
philosophy is to obey the law, be safe, clean, and reliable, protect the
environment, sell high-quality fuel, never be undersold, and provide
courteous assistance.
The gas facility will include equipment of the latest technology
with many safety features to prevent potential environmental impacts
and meets and exceeds local, state, and federal requirements, which
include extensive leak detection systems monitored remotely
24/7/365.
Interactive and constant Fire Protection Act and API and
in-house safety training for all employees. Training includes high
standards for emergency spill response, automatic and manual cutoff
systems, vapor recovery for fugitive emission controls that exceed
local, state, and federal standards. Closed-circuit TV monitoring and
an oil/water separator, or OWS, system for stormwater drainage. I'll
describe that more.
And this will be operated as a self-service facility for members
with full-time specially trained Costco attendant for safety and
security.
Continuing with environmental protection. Underground
storage tanks and piping are double-walled and constantly monitored
for integrity, meeting or exceeding all federal UST leak detection
standards.
All tanks are equipped with stage-one enhanced vapor recovery
October 14, 2025
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systems preventing fugitive emissions during fuel delivery process.
All gas stations have vents to allow pressure to equalize in the
underground system. Costco exceeds all state requirements by using
what is known as a green machine, VST green machine, which
separates the gas vapors from the air at the vents, returning the gas
vapors back to this -- the underground storage tanks, and then
releasing clean air to the atmosphere, eliminating the largest potential
of emissions that occur at other stations.
Exceeding state standards, Costco uses dripless nozzles to
prevent minor drips and spills during all customer fueling, and
Costco uses long hoses to allow the nozzle to enter the vehicle's fuel
port in an upright position, ensuring the auto shutoff operates as
designed, preventing minor spills.
Continuing with environmental. Monitored systems include
in-tank sensors to monitor fuel quality, accurate inventory, inventory
exceptions, fuel swellage and shrinkage, secondary containment
sensors to monitor the double-walled tanks and piping, liquid sensors
in all tank and dispersion sumps [sic] to identify any type of liquid
present from potential leak points, and then pressure sensors to
monitor the system's overall integrity.
All sensors are programmed to automatically shut off the system
when activated. It's known as a pressure line leak detector, and it
constantly monitors the underground product pipes for catastrophic
failure. Every 40 hours, the system runs a pressure test equivalent to
a leak of 0.2 gallons per hour. The system immediately shuts down
for failures, and this exceeds the state and federal monitoring
requirements.
Costco uses the Warren Rogers fuelWRAp service which
connects to the inventory and sales systems monitoring in real time
all inventory changes -- changing events. It monitors flow rates and
sales at the dispensers and exact inventories in all tanks down to the
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100th of a gallon or thousandths of an inch in height. Any anomalies
or exceptions to the expectation will cause an alert or shutdown of the
system.
And finally, manual fire extinguishers are present at every island
and in the equipment enclosure. Automatic fire extinguishers are
present in all confined spaces. Costco seals the surface of concrete
joints with a sealer designed specifically to prevent breakdown from
oil and gas, preventing even the smallest of surface drips and spills
from escaping into the underlying soil. Costco is one of the few
operators to have a national standard for joint sealing.
The site drainage technology is designed to capture any surface
spills throughout the catch basin and oil/water separator before being
conveyed to the stormwater detention and treatment system.
And finally, fuel attendants' only responsibility is to actively
monitor the station. They do not have other responsibilities in a
convenience store or market.
And here's some pictorial examples of some of those safety
measures.
Adjacency uses. This is adjacent and surrounding use. You see
here highlighted in color all of the different areas. Starting on the far
western site, you have the arterial roadway, which is Collier. The
drainage canal. Subject property in the purple is the FP&L easement.
The only thing that's allowed in that -- FP&L's easement on the
subject property is something that's horizontal, like a parking spot.
You couldn't put any buildings under there.
Next to that in the reddish color is the commercial office
medical. That is the adjacent or abutting land use nearest our
commercial subject property. And then in typical Planning 101, with
concentric rings of intensities and densities, then you have
multifamily, then you have single-family, and to the south is the
hospital and the RV mobile home community. So this is a
October 14, 2025
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well-planned master plan PUD and in context with the overall
activity center.
More importantly, this is an aerial depiction of that same, and it
shows the distances; 375 to 400 feet from canopy to canopy, and
there's over 900 feet from the multifamily from the canopy itself.
And again, as mentioned previously, 330 feet from lot line to lot line
to the residential for multifamily, and 720 feet from lot line to lot line
to the nearest single-family.
The property, including the proposed gas facility, is not in the
middle of the residential neighborhood, nor is it in the backyard of
existing residences. 5.05.05.B.2.a.iv contemplates adjacency to
residential uses. The LDC defines adjacent as to share a common
property line or boundary. The property and -- the property and
proposed uses do not share a common property line or boundary with
any existing residential.
The MPUD is adopted to allow for a mixture of various land
uses in a master plan with adequate roadways and infrastructure. The
MPUD should be considered with regard to the requests and the
mixture of adopted and master plan uses. The DRI required a phased
approach to have roadways like the segment of Rattlesnake
Hammock along the property built before certain uses can
commence. Those obligations for that roadway infrastructure have
been met.
Here's some pictorial examples. This is our 170-foot-wide
FP&L easement on the eastern edge of the subject property. Here's
the nearest residential on the -- on Rattlesnake Hammock Road just
to the east. This is the five-story multifamily units.
You can see this in context with the five-story multifamily, and
just to the right there are the -- is the roofline to single-family units.
But the nearest thing to that is the stormwater pond and the parking
for the Physicians Regional Medical Center.
October 14, 2025
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Here is the four-story Physicians Regional medical arts building.
Again, all adjacent to us at the Costco subject property.
Conclusion: The planned gas facility and the existing 7-Eleven
are separated by Rattlesnake Hammock right-of-way, a four-lane
divided arterial which is an accepted manmade boundary per the
Land Development Code as cited earlier in this presentation.
The gas facility is member-based and differentiated from many
other conventional service stations and C stores in the area and is not
open 24 hours, like many others. The MPUD commercial parcels
and the adjacent parcels' end uses are well planned and adopted to
provide adequate transition between various intensities and densities.
The planned gas facility is at the furthest location to the west on
the subject property and is more than adequately separated from any
residential by parcel, buffers, easements, ponds, and existing
buildings, as previously depicted.
The code separation standard potentially locates the gas facility
further to the east as an allowed out-parcel use with no market study
required and no ASW request.
The requested use p.m. peak hour vehicle trip generation,
commercial acreage, commercial square footage, lighting standards
are all below the approved thresholds in the PMUD and, more
importantly, the landscaping has increased by 25 percent to provide
additional green space and screening.
Based on the provided -- we have our market study analyst
here -- needs analysis market study and the Costco in-house market
data and research, the planned gas facility is positioned to be a
significant benefit to the local market by addressing the rising
demand for gasoline based on population growth. The
comprehensive analysis confirms a growing need within the market
area which is defined as a 10-minute drive time from the subject
property.
October 14, 2025
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The key finding is that the projected demand increase of
29.09 percent is greater than the project's 25.95 share of projected
supply. This leaves a 3.14 percent demand surplus which
demonstrates a clear and justifiable need for the gas facility. The
new Costco gas facility on the subject property will not oversaturate
the market or negatively impact the surrounding area, businesses, and
residents. Instead, it will play a crucial role in satisfying the growing
fuel demand to serve a thriving and expanding community in South
Naples.
The ASW request and the PDI request are based on relief from
certain Land Development Code and MPUD provisions related to
orientation, layout, and certain improvements. The requests are not
about the use, which is allowed by right.
The Costco PDI request is commensurate with the previously
requested modification by other entities over the past years for 19
waivers and deviations cumulatively in the same Hacienda Lakes
MPUD for certain improvements and flexibility for parcels under
development. Costco is adding six in the request.
Collier County staff reports recommend approval for the ASW
and the PDI request, and the Planning Commission recommended
approval of the PDI and the ASW request.
With that, here is our rendered site plan again showing the
overall context with the green space, the buildings, the circulation,
and the adjacent uses, and then more importantly, architectural
rendering of it in its place with the gas pod, the store warehouse
itself, and the parking.
With that, I thank you for your consideration of approval for
these requests, and I'm standing by to answer any questions that you
may, and I have my team of experts here as well. Thank you.
CHAIRMAN SAUNDERS: Okay. We don't have anybody lit
up just yet.
October 14, 2025
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MR. WESTER: Okay.
CHAIRMAN SAUNDERS: But anything else in your
presentation, or does that conclude your presentation and you're now
available just for questions?
MR. WESTER: Yes, sir. That concludes my initial
presentation. Thank you.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Can you put up the -- maybe it
was the last drawing, or whatever drawing will help you explain
deliveries.
So I understand you went through the traffic and how it's -- you
know, it's under the maximum and what your numbers are. But when
the trucks come at -- to deliver not only the fuel but your stock, you
know, for the warehouse, how does that -- that flow work? And also,
what times of day do those things come down those roads?
MR. WESTER: Okay. This is -- as you see on the screen up
there, that is our -- there's an engineering modeling software called
AutoTURN that provides the correct engineering circulation
standards. And the fire marshal uses this as well for fire trucks.
So our delivery vehicles, as you know, will enter this site at the
first entrance point there, and they will go to the loading facility to
load the property. Now, one interesting note is all the loading
facilities for the Costco store are on the far western edge of the
property, so that's the furthest from any adjacent uses, including any
nearby residential.
COMMISSIONER LoCASTRO: It's that little cutout, basically,
in the top left of your --
MR. WESTER: Yes. Yes, it is. There we go. There it is right
there. So that is our -- that is the loading dock. So that is away from
all the residential.
These are generators. This is a turnaround point that is approved
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by the fire marshal for large trucks. But these trucks will enter the
facility and come up and load the store and the warehouse. And there
are multiple during the day as needed, and including in the early
hours of the morning, to restock the warehouse as needed, just like all
other Costco locations.
As far as the fueling trucks, they will come in at the intersection
here, come around, and there's a dedicated fueling point here that is
built and planned for that type of fueling truck. It will deliver the
fuel, and then it turns around and comes back out the exact same way
to now a traffic light at that intersection.
COMMISSIONER LoCASTRO: And that's where that
proposed light is going to go?
MR. WESTER: Yes, sir.
COMMISSIONER LoCASTRO: That's been approved?
MR. WESTER: Yes, sir.
COMMISSIONER LoCASTRO: Obviously, I already knew
that answer, but we're getting that question a lot from citizens who
aren't here and think we're not asking the right questions. I really
wanted to get that on the record and have you explain how the flow
works with the trucks and to see it visually and to make the point
about the light being approved. And I also think it's helpful for all of
us. You know, the way you just described it is a little different than
what I had heard. Not different, but just a better visual.
MR. WESTER: Yes, sir. The other graphic I just put up there
as well is actually the same engineering AutoTURN, and it actually
shows the type of fire truck that is required to use, showing the
maximum circulation. And what we've done is provide this to the
County.
This is a part of our Site Development Plan review, but it also
enters this for emergencies and can traverse the entire facility,
including down in this area to turn around.
October 14, 2025
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So we are prescribed by a certain type of truck for weight and
length, and it has to circulate the entire vehicular-use area and entry
and exit points, and so it's done that as well. So that's on this
diagram. But in a way, you could kind of dovetail that into the
loading vehicles, because they also are bigger trucks, and they use
these turnaround points in the VUAs on site.
COMMISSIONER LoCASTRO: Okay. I mean, have a lot
more questions, but when you put up that graphic, I just thought it
was a perfect time to just ask that one particular thing, but we'll
wait -- we'll wait more towards the end when we get deeper into all
the other presentations.
CHAIRMAN SAUNDERS: All right. Mr. Bosi, are you
available for a staff report?
MR. BOSI: Good afternoon. Mike Bosi, Planning and Zoning
director.
And I know the Board of County Commissioners is hearing this
as one project. It is two petitions. And I would just point out there
are voting requirement differences for each one. The PDI will
require a supermajority from the Board of County Commissioners,
and for the distance waiver, the ASW, that is a simple majority that's
required.
In some of this material -- or some of these items will be a
repeat of some of the presentation that was provided by the applicant.
But I just wanted to set the stage in terms of where this request sits in
relationship to our code, how it relates to our land -- or to our Growth
Management Plan, and how long that our Growth Management Plan
has been in place and how it arranges for land uses within the county
specifically related to commercial or intense type of land uses.
The purpose of our Growth Management Plan, specifically our
Future Land Use Element of our Growth Management Plan, is to -- is
to guide the decision-making in Collier County on regulatory,
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financial, and programmatic matters pertaining to land use. Most
directly, this element controls the location, type, intensity, timing of
new or revised use of land.
Specifically what that's saying is there's a variety of land uses
from intensity and densities that make up a community. And we
have a Growth Management Plan and a Future Land Use Element
with an associated Future Land Use Map that shows for how that
arrangement of intensities and densities should be prescribed within
to -- within the county.
So any individual who is coming into this market who wants to
know how is it that Collier County addresses and provides for land
uses, they would consult the Future Land Use Element.
And as you can see, when I pointed out the intersection of
Rattlesnake Hammock and Collier Boulevard, with the adoption of
the Growth Management Plan in January 10th of 1989, that area has
been designated as an activity center.
What's an activity center? The mixed-use activity center is a
concept -- design to concentrate almost all new commercial zonings
in locations where traffic impacts can be readily accommodated to
avoid strip and disorganized patterns of commercial development and
create focal points within the community.
Think about some of the strips of U.S. 41, the East Trail, where
you've got a long strip of frontage commercial. Well, that was the
type of land-use patterns that we were trying to get away from in
1989, and to get away from that, we said all of -- the majority of our
new commercial intensities will be located at activity centers, and
Rattlesnake Hammock and Collier Boulevard was designated as such.
The allowable uses within mixed-use activities [sic] include a
full arrangement of commercial uses, residential uses up to 25 units
an acre, institutional uses, hotel/motel, which is at a maximum of 26
units an acre, community facilities, industrial, which is -- which is
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industrial or light industrial, and other land uses generally allowed in
the urbanized area.
Now, focusing now specifically on the Hacienda mixed-use
PUD. And it was approved in 2011 under Ordinance 11-41.
Approved October 25th of 2011. And as you read through the title of
the Hacienda PUD, you most certainly do not come away with
a -- with an understanding that this is specifically a residential PUD.
There is residential prescribed at 1,714 units on just under 450 acres.
There's residential/medical use, which is prescribed on close to 40
acres. There's business park, which is light industrial. There's
commercial. There's an attraction, which is the Swamp Buggy.
There's a public facility. There's a Junior Deputy, public
rights-of-way, and then schools. So you have institutional, you have
community, you have light industrial, and you have residential, you
have medical, and you have commercial, and you have business park.
You've got a wide variety of land uses that are prescribed within
Hacienda Lakes.
And this is the type of development, this is the type of PUD,
mixed-use development, that we want to see, that we would like to
see, that we are asking to see by our Growth Management Plan
designation of an activity center. This type of diversity and this type
of intensity and density is what our Growth Management Plan said is
appropriate for this area.
Now, why do I stress this so much? Because I -- and I'm proud
of our Growth Management Plan. I'm proud of the way that it
arranges the land uses. What I heard at -- prior testimony was that
the location was -- was quote -- and this isn't my word -- "stupid" or
"idiotic," but it's been that way for 36 years.
Our Growth Management Plan said, these are the type of
uses -- the commercial intensity that's allocated within Hacienda, this
is the type of use that anyone who comes to this market, anyone who
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comes to this area should expect to see. If you are in an activity
center, you should see a wide range of uses, a high-density allocation,
and a high commercial intensity because you are in an activity center,
an activity center that has been designated for 36 years for these type
of uses.
On the top of the screen, you'll see the -- how we treat our land
uses within a PUD is done by SIC code, Standard Industrial Codes.
And for a Costco, the primary SIC code is 5331. Also, it could
potentially be a grocery store, which is 5411.
If you look down to the bottom of the screen, you'll see general
merchandise store, it's 5331, which is -- which is a Costco. It's an
allowed use. Oh, by the way, the food stores is also an allowed use,
as well as a gas station service center. All of these uses are permitted
by right. This government has said, "These uses are permitted by
right within this commercial designated area."
What we're putting up here is your evaluations for the
substantial change. Your insubstantial change, it's an odd
arrangement. It says, anything that is not a substantial change is an
insubstantial change. And basically, if you're not adding a new use,
if you're not adding commercial intensity, if you're not adding
residential density, you're going to qualify as an insubstantial change.
It's for minor adjustments to landscaping, adjustments to the height of
light poles as such is being requested, to signage on your -- on your
building for -- or your commercial buildings. None of those rise to
that substantial change and thus is eligible for insubstantial change.
And as the applicant had indicated, in 2011, when Hacienda was
first approved, it contained 13 deviations. In 2022, six additional
deviations were sought, for a total of 19, and this -- today's actions
are seeking six additional deviations: Landscaping, lighting,
architectural, and signage. The applicant provided a pretty good -- or
a good description of those specific changes.
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And this next section here, here's the criteria for the -- or for
granting of the waiver of the separation requirements for the service
station. Whether the nature and type of natural or manmade barrier,
structure, or other feature between the proposed establishment and
the existing facilities with fuel pump system is determined by the
BZA to lessen the impacts of the proposed facilities with fuel pump.
Whether the facility with fuel pumps is only engaged in
servicing automobiles during regular business hours, whether the
facilities with fuel pumps is located within a shopping center
primarily accessed with a driveway, and whether the granting of the
distance waiver will have an adverse impact on adjacent land uses,
especially residential land uses. And the applicant did describe that
"adjacent" is sharing a common property boundary.
Staff has reviewed both the PDI and the ASW and is
recommending approval of both of those petitions. The Planning
Commission has heard both the PDI as well as the ASW and is
recommending approval of both of those petitions to the Board of
County Commissioners for your consideration.
That's the overview of the history of the GMP of the activity
center of the Hacienda PUD. The request that has been reviewed by
the Planning Commission, reviewed by staff. Staff is here to answer
any questions that you may have related to any of the application
materials.
CHAIRMAN SAUNDERS: What was the vote on the Planning
Commission?
MR. BOSI: The -- I believe the vote was 5-1.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Mr. Bosi, I'm just going to ask
you a couple -- couple quick things, then I'm sure everybody's going
to wind up coming back.
COMMISSIONER McDANIEL: He's trying to talk to you.
October 14, 2025
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MR. BOSI: And, I'm sorry, for the ASW it was 4-1. The PDI
was unanimous.
COMMISSIONER LoCASTRO: Okay. When it comes to
variances and deviations, you know, we've gotten a lot of emails from
citizens that seem to think that if you grant a deviation or you
consider a variance and the latitude that we have to do that, and
you've outlined that here. We've got notes from some citizens that
feel like we're breaking the law. You know, "Hey, it's in there for a
reason. If you don't match it perfectly, then, you know, that should
be cause to dismiss the construction project."
I want you to do just a little bit of a deeper dive. What's the
precedent in projects all across the county or even just in this area?
And you outlined it a little bit, you know, sort of picking on Hacienda
Lakes a little bit, but we all remember that, you know, that was
something that not everybody in the community was, like, cheering
about, but it turned out to be a great project. I'm sure these people
love living there.
But let's expand the aperture a little bit. When it comes to the
7-Eleven, the residential communities that are being built on 41, other
things within a several-mile radius -- you know, you're very familiar.
Like you said, it's sort of the commercial activity center. How
normal is it that there's variances, deviations, you know, things of
that nature? And then I have a follow-up to that.
MR. BOSI: Sure. The process for a deviation is unique to
PUDs, and PUDs is the land use of choice within Collier County.
Within Collier County, within the urbanized area, close to 70 percent
of your entitled land, zoned land, is within a PUD. So it's a very
common zoning designation.
The deviation was a process that was created specifically for the
PUDs. So what we recognize from a regulatory standpoint is you
can't -- every regulation has a purpose, but every regulation can't
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account for -- for unique circumstances, changing in technology,
changing in standards.
And so the deviation was created so -- to be able to accomplish
whatever the -- whatever the regulation was specifically designed to,
whether it be to provide for greater buffering, whether it's to provide
for greater architectural character within your building. But the
deviation was created to say, "Okay. The regulation wants you to get
to Y, and here's how you get to Y. But if you can get to Y with a
more creative way, a more unique way and still accomplish what the
intended purpose of that regulation was, we'll grant you that
deviation."
And I couldn't quote this as fact, but I would state that over
60 percent of the PUDs that come to this Board of County
Commissioners has at least one or two deviations contained within
them because they are -- they're proposing how to meet a regulation
in an alternative way.
So deviations are not unusual or uncommon within PUDs.
COMMISSIONER LoCASTRO: And if that alternative way to
get to Y isn't something that makes sense, then we have the ability to
say, "Yeah, I know they're trying to slice it three or four different
ways," but it has to be something that meets the requirement, maybe
like you said, in a different way, but it's not a law. Like you said, to
get to it a different way is part of the process.
MR. BOSI: Yeah. And I think specifically this application
today for the additional parking spaces above 120 percent of the
required parking, they -- they asked to exceed that limitation, but to
exceed -- to justify exceeding that limitation was they added
25 percent additional landscape buffering around the perimeter of
where that parking's going to be located to better screen the interior.
The whole purpose of not allowing beyond 120 is because you didn't
want to -- you don't want to display that sea of parking to the -- the
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adjoining right-of-ways.
COMMISSIONER LoCASTRO: And would you say for other
projects in the community that option is something that is utilized
quite a bit, additional buffering, landscape to make up for the
difference? So they're not doing anything that's a one-time thing,
they're setting a precedent it's so unique, or is it -- it's the way that a
lot of properties that we've had -- we've seen built around here, that's
one of the options to address it?
MR. BOSI: Oh, it's one of the options. They're not -- they're
not doing anything unique. And it is -- every one's a one-off. Every
one is evaluated based upon how they're proposing to get to Y.
Instead of going the regulatory -- the prescribed regulatory, they're
going to try it in a different manner in a different way. And if it
makes sense, and if it has backing and general acceptability, then
staff normally would recommend approval, and then --
COMMISSIONER LoCASTRO: If you thought it didn't make
sense or staff didn't, you would kill it at that point or you would
recommend disapproval to us because they were trying to get to Y in
a totally unacceptable way, correct? I mean, that's your job.
MR. BOSI: That would be -- that's the normal outcome.
COMMISSIONER LoCASTRO: Okay. Lastly, just in this -- I
want to ask you about insubstantial use changes, because that's
peppered in here a lot. I want you to just do a deeper dive. Is that
something exclusively unique to this project, or when it comes to the
7-Eleven, even when Hacienda Lakes was built, all the apartment
buildings on -- up and down Collier Boulevard, not substantial-use
changes, but insubstantial. Give me a little summary of what we
commonly see, how common is that among projects, how big of a
showstopper.
MR. BOSI: Insubstantial change normally does -- an
insubstantial change, per our code, can be approved by the HEX or
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the Planning Commission. The Board of County Commissioners is
the only body that is allowed to approve any petition request that
includes intensity -- increase in intensity or density.
So an insubstantial change is something that has been reserved
for the HEX and the Planning Commission because it hasn't risen to
the level that requires the Board of County Commissioners to
approve an increase in intensity or density. So when you're below
those bars, it's not an increase in intensity or density. It's really the
characteristic of how the architectural is going to look or how the
landscaping is going to perform. Or any -- the regulation, how the
regulation is going to be met is really what is being evaluated as part
of a PDI or an insubstantial change.
COMMISSIONER LoCASTRO: So those insubstantial
changes, which we would normally never hear at this level, are
coming to us because we voted unanimously that we wanted this
project to go through the most robust vetting process even if that
wasn't the normal process for this project, correct?
MR. BOSI: If it rose above the insubstantial change process, it
would be a Planned Unit Development amendment, and that would
require the Board of County Commissioners to hear it and not be
something that is allocated to the HEX or to the Planning
Commission.
COMMISSIONER LoCASTRO: But it doesn't?
MR. BOSI: No. In staff's determination, it does not.
COMMISSIONER LoCASTRO: Okay. Thank you.
CHAIRMAN SAUNDERS: All right. No one else is lit up.
Let's go to the public comment.
MR. MILLER: Good afternoon, Mr. Chair. We have 60
registered public speakers today. I'm going to ask the speakers to
please queue up at both podiums and be ready to go. Our first
speaker is Barry G. Denkensohn, and he'll be followed by John
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Lamey.
CHAIRMAN SAUNDERS: Okay. So my math indicates that
60 speakers, three minutes each, we're talking about three hours. So
we're going to be very strict in limiting the speakers to the three
minutes. When that red light goes off, please sit down.
MR. CiPOLLA: Mr. Commissioner, if I may --
MR. DENKENSOHN: I didn't hear any limitation with regard
to the proponent.
CHAIRMAN SAUNDERS: Hang on a second. Hang on a
second.
MR. CiPOLLA: That was not the sequence of --
MR. MILLER: This gentleman was here at
8:00 a.m. -- 8:30 a.m. this morning, both the first two gentlemen.
That's why they're first.
CHAIRMAN SAUNDERS: We're going to call the speakers,
and we'll do the best we can. If we don't meet your standard there,
I'll apologize in advance. But he's going to call the speakers up.
MR. MILLER: Okay. Mr. Denkensohn and Mr. Lamey.
Mr. Denkensohn, please.
MR. DENKENSOHN: Good morning. My name is Barry
Denkensohn. I'm a resident of Verona Walk located on Collier
Boulevard. I'm a former member of their board of directors. I'm an
attorney. And I have 17 years' experience of public service.
The overriding issue with regard to the application by Costco to
construct a warehouse in the intersection at Collier Boulevard and
Rattlesnake is safety.
For transparency, I am not anti-Costco. My wife and I are
members of Costco, and we enjoy shopping at their location on
Naples Boulevard.
Costco intends to place 12 gas pumps at the proposed location
when there are only eight gas pumps at the Naples Boulevard
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location. What is the need for so many gas pumps at this location?
Directly across the street is another gas station which has eight
gas pumps. So under this application there would be 20 gas pumps
within 132 feet of each other. Costco's representative stated, and I
quote, "There are no negative aspects associated with the gas
waiver." Really?
CHAIRMAN SAUNDERS: Okay. Hang on. All right. We're
not going to allow any applause or outbursts from the audience. If
that happens, we're going to -- we'll be here all night long, so we're
not going to permit it. So please respect the speakers, respect the five
commissioners that are up here and our staff. Please, no noise from
the audience.
MR. DENKENSOHN: He took up 20 of my seconds.
MR. MILLER: I held your clock when he started.
MR. DENKENSOHN: Okay. Thank you.
Collier County's Land Development Code mandates a 500-foot
separation between the facilities and the fuel pumps. What was the
purpose of that statute and that -- and that county ordinance? The
purpose was for safety. Not to have a separation of less than 500 feet
with this many gas pumps.
The planned distance is 132 feet. Waiving that mandate or
approving that -- that waiver would be an egregious decision. If
there's a fire in that area or there's a mechanical malfunction with one
or more of the gas pumps, there is an enormous risk of an explosion.
We have a hospital less than a quarter of a mile away. Hacienda
Lakes, a large residential community, is adjacent to the site. Such an
occurrence would be far-reaching, injuring and causing fatality to
residents at the Costco facility, Hacienda Lakes residents, and area
other residents, and also maybe employees of the hospital.
Members of the Board, you need to reject Costco's request to
approve this waiver. As a lawyer, I can tell you, as I say to my
October 14, 2025
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clients, any risk is a bad risk, and this is a very bad risk.
Second -- second reason for safety issue has to do with traffic.
And I understand that the traffic people in the county have said that
the roads can handle this amount of traffic.
CHAIRMAN SAUNDERS: All right. Take just one more
sentence there, and then we're going to move on to the next speaker.
MR. DENKENSOHN: Excuse me?
CHAIRMAN SAUNDERS: Your time is up, but wrap up
quickly, and we're going to go to the next speaker.
MR. DENKENSOHN: I can't wrap up quickly.
CHAIRMAN SAUNDERS: All right. Then sit down. We'll go
to the next speaker. I'm sorry. We've got too many speakers.
MR. DENKENSOHN: I tell you, it's very disrespectful for me
to come up here, you interrupt me, and then I have less time to speak.
And these people want to hear what I have to say.
COMMISSIONER KOWAL: He held your 20 seconds, sir.
MR. MILLER: Your next -- I want to remind the speakers as
well, you will get a tone at 30 seconds remaining in your time. Don't
let that stop you. It's just one tone.
CHAIRMAN SAUNDERS: And, Mr. Miller, you added time to
his --
MR. MILLER: Yeah. I held the clock as soon as you started,
sir.
CHAIRMAN SAUNDERS: All right.
MR. MILLER: Your next speaker is John Lamey, and he
will -- your next speaker is John Lamey. He'll be followed by
Milton -- Milton, you're going to have to help me with pronunciation.
MR. SPOKOJNY: Spokojny.
MR. MILLER: Spokojny.
MR. SPOKOJNY: If you sneeze, you got it right.
MR. MILLER: Thanks, Milton. Go ahead, sir.
October 14, 2025
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MR. LAMEY: Good afternoon, and thank you for your time.
I wanted to mostly speak today because I think that the issues of
the gas pumps and the traffic impacts are inseparable. It's my
understanding that the County officials have stipulated to the traffic
study done by Costco that said there were going to be 4,500
additional trips approximately per day, 5,000, whatever it is,
approximately per hour [sic].
Easy search of the Internet yields that the overage Costco adds
about between 10,000 and 16,000 trips per day, a pretty substantial
difference, and it would take that high end over the limit that the
gentleman described earlier.
I also wanted to point out that I'm not sure if that traffic study
included the full details of the PUD, because I see the numbers of
1,760 residential units in the PUD being touted, but you've already
allowed a deviation from that within -- within the area. The 2,500
new doors along Rattlesnake Hammock, Hacienda Lakes Boulevard;
multifamily, multistory, mostly residential. And I don't know that
those were taken into account, and I think that a true traffic study
can't really be understood until all those residences are probably
90 percent capacity.
In terms of the points of egress, I was shown the -- we were all
shown a map with three. I think that's an improvement from what we
saw at the Swamp Buggy meeting, but I wanted to make sure that that
egress in and out of the hospital is written in stone, because there
were varying points on the maps that showed perhaps not the course
of driving around the back of the hospital to the traffic light, or
rather, to the unregulated point of egress onto Collier Boulevard, and
that's the nearer point of the Costco parking lot.
So the Costco in North Naples, five points of egress and ingress.
So it's a -- it's a smaller number of points of entry no matter how
you -- no matter how you look at it.
October 14, 2025
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Interesting to say that the -- that there's a gap in the coverage of
the demand. That just allows Costco to sell the gas at a higher price.
I really think a real question here is why there's not a point of
egress off Collier Boulevard. That seems to be because Costco's
going to use those outparcels along Collier Boulevard to sell, rent, or
whatever to other businesses, commercial businesses, and a point of
entry there would take away their opportunity to gain the income
from those -- from those properties.
And -- you know, that's probably enough for me, but anyway.
Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Milton Spokojny, and he'll
be followed by David Richardson.
Milton's been ceded additional time. I'll need everyone to raise
your hand when your name is called.
Dan Brainard.
(Raises hand.)
MR. MILLER: Constance -- I can't read this. Gaskins, maybe?
Constance G-a-s-k-i-n-s?
(No response.)
MR. MILLER: All right. Terence Canfeld.
(Raises hand.)
MR. MILLER: He's here.
Diane Haynes.
(Raises hand.)
MR. MILLER: She's here.
And, Daniel Mullins.
MR. MULLINS: I'm here, but I conceded [sic] my time to --
MR. MILLER: Yeah, that's what we're doing, yeah.
Okay. So I've got -- one more time.
Constance -- Constance, is this Haskins or Gaskins? Anybody
October 14, 2025
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named Constance ceding time?
(No response.)
MR. MILLER: All right. Milt, you'll have 15 minutes.
MR. SPOKOJNY: Thank you. I thought it was more than 15.
MR. MILLER: Well, we have one not here.
MR. SPOKOJNY: Okay. Good afternoon, distinguished body.
My name is Milton Spokojny. I'm a licensed attorney in the state of
Michigan. I'm a land-use specialist. I've been an attorney for more
than 52 years. I'm a resident of Hacienda Lakes Estates. My address
is 8373 Promoso Court, and I'm only here as a resident of that
community. I don't represent anybody other than myself.
I'd like to ask Mr. LoCastro a question to clarify. You asked
something of Mr. Bosi. You indicated that traffic light has been
approved. Is that what you indicated?
COMMISSIONER LoCASTRO: That's what the staff told us
just recently.
MR. SPOKOJNY: How did that get approved? Doesn't that --
COMMISSIONER LoCASTRO: This isn't a Q&A.
CHAIRMAN SAUNDERS: Let's -- this is an opportunity for
public comment. If there's a question about a traffic light, we'll have
Ms. Scott come up and explain that.
MR. SPOKOJNY: Okay. Thank you.
I'd like to ask also, Mr. LoCastro, you sent me an email the other
day.
CHAIRMAN SAUNDERS: All right. Let me -- let me again
say this is an opportunity to make comments. It's not a
question-and-answer period for the commissioners.
MR. SPOKOJNY: Okay. I'd like to move to disqualify
Mr. LoCastro on the basis that he's a member of Costco. He's been
seen shopping there. To me that's a strong appearance of
impropriety. He should not be able to vote in this proceeding. And I
October 14, 2025
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don't know what other panel members might be members of Costco,
but I think that should be disclosed by everyone.
CHAIRMAN SAUNDERS: I'm a member of Costco. Have
been for many, many years. That's not -- that's not grounds for
disqualification.
MR. KLATZKOW: No, sir.
COMMISSIONER LoCASTRO: We vote on gas stations, and I
get gas at Shell and 7-Eleven. And if they wanted to build a Shell
and 7-Eleven, I'd be able to vote on it, same as Commissioner
Saunders.
MR. SPOKOJNY: Okay. All right.
In any event, I think this hearing is a hearing -- it's a rush to
judgment. There's 26 days from the last Planning Commission
hearing, and you set this up. To me, that doesn't give substantial
notice to people that wanted to attend here. We have an expert
witness that could not be able to attend because he had other
scheduled opportunities that he could not make it today because of
this 26 days. To me, that 26 days, obviously, is in favor of the
developer. It does not favor the residents. I've read numerous
articles that you're here. You're allowing snowbirds to come in, and
this hearing is set in October when snowbirds don't come back until
November, December, or January.
I would ask that this hearing be postponed to allow everybody
the opportunity to appear that wants to appear and not do a rush to
judgment in this particular matter.
The other thing I want to point out is I think that this hearing
should be remanded back to the Planning Commission for this
reason: The Chairman of the Planning Commission was seen by
myself and other individuals at the first July 17th Planning
Commission hearing at the morning break at 10:30, at the lunch break
at about 12:30 conversing with members of Costco. He was seen
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talking to them, meeting with all the members, and he did not
disclose that.
At the second Planning Commission meeting, I asked him to
disqualify himself because of that, and all he said was, "Well, I sent
an email to Mr. Wester." And Mr. Wester acknowledged the fact that
he sent him an email, but that's not what I was talking about.
He specifically met with the Costco people at 10:30 and at
12:30. That's a strong appearance of impropriety, and he led the rest
of the Planning Commission members in their voting. He asked
leading questions all along the way in favor of Costco, and they stood
there and followed his lead.
So that was improper for him not to disclose those things and
improper of him not to disqualify himself. This matter should be
remanded to an impartial Planning Commission with a new
chairperson and other members that followed his lead. It's improper
for this board to hear this at this time. I have the full confidence of
this board, but procedurally, that Planning Commission hearing was
tainted based on an appearance of impropriety. He should not have
been allowed to talk to those people. He should have disclosed it.
I'm going to raise a couple other points, and some of these may
be not significant, but they are significant to me. I think there's
insufficient notice here. If you go over onto Rattlesnake Road [sic]
and the hospital property and you look at the sign that's posted
advertising this hearing, it's parallel to the sidewalk. Nobody can
read that sign. Nobody can read that sign. You have to stop, park
illegally in front of that sign on Rattlesnake Road in order to read it.
It should have been turned perpendicular 90 degrees so traffic coming
east and west on Rattlesnake can read it.
I brought that up earlier. Nobody seems to care. That's another
reason the developer did this, just to keep from finding out about this
hearing.
October 14, 2025
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As to the adjacent property, the apartment owners at Cadenza
were not notified of this hearing. Mr. -- Frank and myself went over
there on a Sunday afternoon, and we talked to 13 people at random.
They didn't know anything about the fact that Costco was coming,
that Costco would be using their road, Cadenza Road, their private
road, which has a roundabout in it, for their second exit and that
the -- there would be a traffic light at that road.
So none of these apartment owners [sic] who have vested
interest in knowing what's going to happen with Costco knew about
what was taking place on their property. That road is on their
property, and Costco's going to be using that as their main entrance to
come in and out of their shopping center. I think that's improper.
This body passed a Resolution No. 2025-150 which was
approved on 8/26/25 for arterial and collector roadways in Collier
County. The implementation of a classification system and standards
is intended to protect the public safety and general welfare. The
definition in that particular resolution indicates collector.
Secondarily, quote, provides for local through traffic, end of quote.
If you look at the table that's attached to that particular
resolution, Table No. 10, Item No. 25, it says, "Collier County
Transportation Management Services department Access
Management Classification Table identifies Road No. CR 8664 -- I'm
sorry, I misquoted -- 864, Rattlesnake Hammock Road, from Collier
to Azure is 0.9 miles in length as a four-lane divided Class 3 collector
roadway.
By definition, this classification fails since this small section of
Rattlesnake Road, which is entirely residential in character, does not
provide for local through traffic. It is a dead-end road. It does not
provide for local through traffic whatsoever. If any of you ever
traveled on that particular section of Rattlesnake Road -- if you
haven't, I invite you to do a site visit to that road and see what it's
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like. You need to do a site visit. You are the gentlemen that
calculated that classification, and you can undo it. It should not be
classified in the manner in which you have classified it. It doesn't
meet the criteria that you've established to classify that portion, that
nine-tenths of a mile, as a Class 3 collector.
Definition, use in Florida, transportation code, the term, Item
No. 14, "local road" means a route providing -- I'll start again.
"Local road" means a route providing service which is of relatively
low average traffic volume, short average trip length or minimal
through-traffic movements, and high land access for abutting
property. This is in the Florida Statutes again, Section 334.04, under
definitions. That's a Florida Statute that you are legally bound by.
I further indicate by definition, a roadway providing for through
traffic is a road that allows vehicles to pass through an area to reach a
different destination as opposed to local traffic which is headed for a
specific location on the same road and the same context of signs like
"road closed to through traffic," which means drivers do not need to
access the property when a work zone or the affected area should use
a designated detour. This allows for the road to remain open to local
traffic such as residents or customers with a destination in the
immediate vicinity while preventing drivers from using it as a
shortcut or a way to bypass a closure.
Through traffic, vehicles traveling from one point to another that
are passing through the area without stopping.
Local traffic, vehicles traveling to a specific destination on the
road such as a home or business within a defined area.
So by definition in your resolution this is a local road. It's not a
through street, and you need to honor that definition in your
resolution that this body passed in late August of this year. This is
not something old. You just passed it.
I'll go on to a different topic. I'm going to go on to the Land
October 14, 2025
Page 156
Development Code. Section 5.05.05, facilities with fuel pumps. The
purposes of this section is to ensure that facilities with fuel pumps do
not adversely impact adjacent land uses especially residential land
uses. The high levels of traffic, glare, and intensity of residential use
associated with facilities with fuel pumps, particularly those open 24
hours, may be incompatible with surrounding uses, especially
residential uses; therefore, in the interest of protecting the health,
safety, and general welfare of the public, the following regulations
shall apply to the location, layout, drainage operation, landscaping,
parking, and permitted sales and service activities of facilities with
land fuel -- fuel pumps -- facilities with fuel pumps. And then
separation from adjacent land uses requires a 500-foot waiver from
the nearest point.
Waiver of separation requirements. The BZA, that's this body,
serving as the BZA today, may, by resolution, grant a waiver of part
or all of a minimum separation requirement set forth herein if it is
demonstrated by the applicant and determined by the BZA that the
site proposed for development of a facility with fuel pumps is
separated from one or another facility with fuel pumps by natural or
manmade boundaries, structures, or other features which offset or
limit the necessity for such minimum distance requirements.
The BZA's decision to waive part or all of the distance
requirements shall be based upon the following factors. And I skip to
Section 4, whether the granting of the distance waiver will have an
adverse impact on adjacent land uses, especially residential land uses.
It's on the onus of the developer to prove that, and they have not
proved that. They gave superficial reasons that that's been proved,
but they have not done any specific studies to specifically show that
that's been proved.
You know, this body adopted that ordinance. There's a 500-foot
requirement. There are so many loopholes in that ordinance that you
October 14, 2025
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have rendered that ordinance meaningless. You can grant a waiver of
that ordinance for any reason. If somebody says, "Oh, there's a blade
of grass in the median," that could be grounds for a waiver.
You have the opportunity to make this right. You should not
grant that 130-foot -- 30-foot -- 132-foot waiver at all.
I'm going to talk a bit about the market study, because there's
other people that are going to talk about the market study.
The Administrative Code shall establish submittal requirements
for a facility with fuel pumps waiver request. The request for a
facility with fuel pump waiver shall be based upon submittal of the
required application, a site plan, and a written market study analysis
which justifies a need for the additional facility with fuel pumps in
the desired location.
Item No. 7 says, "A written market study analysis which
justifies the need for the additional facility with fuel pumps in the
desired location." The petition before the Planning Commission
should have been dismissed perfunctorily. That market study was
never provided. I made the exact same presentation that I'm making
to you now about the market study, and it's only because I made that
presentation that the applicant requested an adjournment to provide a
market study at a later hearing. That petition should have been
dismissed perfunctorily. Mr. LoCastro, in your newsletters, you talk
about we're going to follow the law. Well, they didn't follow the law.
They should have dismissed it perfunctorily, and they didn't.
I've got 29 seconds left?
CHAIRMAN SAUNDERS: Twenty-seven.
MR. SPOKOJNY: I'll pass. I take it you got the emails that I
sent everybody? I sent three different emails to this body.
CHAIRMAN SAUNDERS: I would assume so.
MR. SPOKOJNY: I would ask that you read them. I'm here for
the people that can't be here. I'd ask you to look at the email for the
October 14, 2025
Page 158
hospital administrator and the traffic expert that we hired in
particular. He can't be here today. Please look at those.
Can I make one more statement real quickly?
CHAIRMAN SAUNDERS: Wrap it up very quickly, if you
would.
MR. SPOKOJNY: The traffic study done by Costco does not
analyze the portion of Rattlesnake Road east of Collier whatsoever.
That's why we're here. They don't analyze that portion. Thank you.
CHAIRMAN SAUNDERS: Mr. Bosi, would you come on up
while the next speaker is --
MR. MILLER: Mr. Chair, I had one slip that was inadvertently
put into a group with Mr. Richardson. This woman has been here a
long time. With your permission, we'll call her next.
CHAIRMAN SAUNDERS: Sure, sure.
MR. MILLER: After Mr. Bosi?
CHAIRMAN SAUNDERS: No, go ahead. I have a couple
questions for Mr. Bosi.
MR. MILLER: Josephine Nyland Yu, and then we'll have
David Richardson.
Ms. Yu.
CHAIRMAN SAUNDERS: Mr. Bosi, if you'll just stay near the
microphone, we'll get to you.
MS. YU: Good afternoon, Commissioners. My name is
Josephine Nyland Yu, and I'm here to express my concerns in
opposition to the Costco development proposal. I live in District 1,
approximately 1.3 miles west of the Collier Boulevard/Rattlesnake
Hammock intersection. I became a Florida resident when I was 16.
And I am a member of Costco.
I believe -- I don't believe a proper traffic impact study could
have been completed when the potential for additional development
like the petition for rezoning South Naples Citrus Grove which would
October 14, 2025
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add an additional 423 homes is still pending. I also believe that this
rezoning or development request will not be the last in this area,
meaning additional vehicles on the road.
Consideration of additional developments both planned and
pending on Tamiami Trail and Collier Boulevard south to Marco
Island should be considered as their route would most likely be
Collier Boulevard to and from I-75 interchange which is way north.
This Costco will -- the traffic this Costco will attract daily could
cause critical delays for those seeking emergency medical care or
ambulances trying to get to Physicians Regional Hospital. I believe
the approval of the ASW by the Planning Commission may have
been based on inaccurate information.
The applicant stated the gas station hours would be quote,
"Commensurate with the wholesale store's hours of operation,"
unquote. This statement was used when the staff analysis and
recommendations stated quote, "The applicant committed that the
hours of the gas station will coincide with the store hours," end quote.
As many Costco gas stations nationwide open at 6 a.m., while
the stores open at 10 a.m., I ask for proof of other Costco locations
where the gas stations are not open outside of the store's operating
hours.
I also ask if the hours of operation are part of the Commission's
approval, and how will you regulate them if they are? I am also
concerned about the wildlife in the area and the -- and the proximity
to the Picayune Strand, of utmost importance, although there are
many, and Florida's -- Florida's state animal, the critically endangered
Florida panther, which roams this area.
Just over two months ago, only about two miles from the
proposed Costco location, two three-and-a-half-month-old female
panther cubs were killed on Davis Boulevard. Knowing this is a high
panther traffic area, what is being done to help protect these animals
October 14, 2025
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and their habitat?
I ask that you please deny the proposed Costco development.
Thank you.
CHAIRMAN SAUNDERS: Mr. Bosi, Milt -- and I'm not going
to try to say Milt's last name -- raised a couple issues I just want to
get on the record. In reference to the sign itself, I don't know how it
was placed there. But is that in and of itself a violation of the
ordinance if the sign is not facing a certain way?
MR. BOSI: Mike Bosi, Planning and Zoning director.
Chair, the -- the claims of procedural due process have been
raised at the Planning Commission. We checked the notifications.
We checked the signage that was provided for, and everything
seemed to be in accordance with what was required for the size of
this property and for where the sign locations were.
CHAIRMAN SAUNDERS: All right. And in terms of the
written notices and everything, for the record, that was done properly
as far as you can --
MR. BOSI: Correct.
CHAIRMAN SAUNDERS: All right. Mr. Klatzkow, there
were issues of conflict of interest. Obviously, being a member of
Costco is not a conflict of interest. But on the record, Commissioner
LoCastro and I are both members of Costco. I'm assuming that that's
not sufficient to have an appearance of impropriety or being a
conflict of interest.
MR. KLATZKOW: Absolutely not.
CHAIRMAN SAUNDERS: All right. I just wanted to get those
on the record.
MR. MILLER: All right. Your next public speaker is David
Richardson. He'll be followed by Frank CiPolla.
Mr. Richardson has been ceded additional time from Laura
Dunkin.
October 14, 2025
Page 161
MS. DURKIN: Durkin.
MR. MILLER: Thank you, ma'am.
Linda Cohen.
(Raises hand.)
MR. MILLER: And Raymond Durkin.
MR. DURKIN: Yes.
MR. MILLER: So he will have a total of 12 minutes.
MR. RICHARDSON: I did have some written materials I
wanted to present. I sent them to the county about 10 days ago. I'm
not sure --
MR. MILLER: Give me one second, sir. I wasn't sure who that
was associated with.
CHAIRMAN SAUNDERS: Why don't you go ahead and start
your comments.
MR. RICHARDSON: Okay. My name is David Richardson. I
live in Azure at Hacienda Lakes.
Regarding the market study and whether a gas station is needed
at this intersection, I did a quick back-of-the-envelope --
MR. MILLER: Is this your presentation here, sir?
MR. RICHARDSON: No, it is not.
But I did back-of-the-envelope calculations based on their
market study that says that there will be approximately 23,000
households in the market area in the year 2030, and they say that the
usual household has 1.64 cars per household, which means
approximately 38,000 total cars in the market area.
The existing RaceTrac and 7-Eleven stations at Collier and
Rattlesnake have 16 fueling stations each. According to Costco's
traffic information study, a station with 24 fueling stations, which is
what they want to put in, can accommodate a minimum of 400 cars
per hour. So that means the RaceTrac and 7-Eleven combined can
accommodate 533 cars per hour.
October 14, 2025
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Assuming they're open 16 hours per day, which is what I think
Costco will be open -- the RaceTrac is actually open 17 hours, and
7-Eleven is open 24 hours. But assuming it's 16 hours a day, that
means they can accommodate 8,528 cars per day, or just under
60,000 cars per week. In other words, there's 37,746 total cars in the
market area, and these two stations alone can accommodate almost
60,000 cars in the market area, filling up once per week. So these
two stations alone can easily service all the cars in the market area.
Even if we take their number of cars estimated with the project,
with the Costco project, they say there will be approximately 63,000
cars. Again, these two stations alone can accommodate 59,000 cars
per week. So that's -- over 94 percent of the total demand in this area
can be supplied by these two stations alone, let alone the 19 other
stations in the market area that they identified.
Another way to look at that is to say that with the 20 -- 23,000
households in 2030 times the number of cars per household times
12.36 gallons per week, which is what they estimate each car uses per
week, that's about 467,000 gallons per week in demand in 2030. But
right now the market area supplies 588,000 gallons. So there's much
more supply now than even the demand will be in five years. So I
think -- in general, the idea that there's another gas station needed at
this intersection is ludicrous in my opinion.
A couple of other notes on the market study. They say that they
project population increase about 12 percent over the next five years,
but they don't give a basis for that. The Florida legislature Office of
Economic and Demographic Research --
MR. MILLER: Sir, I've paused your time. Is this your notes?
MR. RICHARDSON: Yes, these are my notes.
MR. MILLER: Okay. Thank you.
MR. RICHARDSON: And I don't know how to go forward.
MR. MILLER: Do you want to scroll down?
October 14, 2025
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MR. RICHARDSON: Oh, you just scroll down, okay. That's
the traffic information study with 400 cars per hour. That's Costco's
information study.
This is the 63,000 cars with the project that they estimate in
2030. This is the 12 percent population increase. As I mentioned,
the Florida legislature estimates that from 2020 to 2024, during the
height of COVID years, population in Collier County as a whole
increased 8.7 percent. So this is projecting at least a 50 percent more
population increase than during the go go COVID years when
everybody was moving here.
And you'll see that same Florida legislature office projects a
total increase of only 7.19 percent over the next five years.
Even with the 12 percent increase in population, they project
somehow a 15 percent increase in the number of households, which
cannot happen unless the household size goes down, which I guess is
possible, but they don't explain why that would be the case.
And finally, they use this multiplier of the annual household
spend on gasoline that they project to increase about $400 a year over
the next five years. They don't explain that in their market study.
Presumably it's because of inflation, but gas prices don't move with
inflation.
Different grades of gasoline have different prices. And if
inflation increases, demand will go down. But they use this
multiplier to try to tell us there's a 29 percent increase in demand for
gasoline over the next five years, which is simply not the case.
A couple of other issues with their waiver application. They say
that -- this was mentioned just earlier -- that the gas hours are
commensurate with the stores hours, but they're going to open the gas
at 6, and the store doesn't open until 10.
Regarding the adjacent residential properties, they never
mentioned the Hammock Park apartments, which is a four-story
October 14, 2025
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apartment complex directly across the street. And based on the
definition of adjacent land uses, that qualifies as an adjacent land use
because it shares a public right-of-way, and that's less than 300 feet
from the gas station.
I think the biggest issue with their waiver application is they tell
us that they're not going to sell convenience items, but there's a
160,000-square-foot convenience store attached to this gas station.
So I don't see how they can say with a straight face that they're
not going to sell convenience items. I think they sell $1.50 hot dogs
and soda pop and other things like that.
For some reason, they want you to treat the gas station as a
stand-alone entity, but it's not a stand-alone entity. When Mr. Wester
was asked at the first Planning Commission meeting whether they
would move forward with the -- whether they'd move forward with
the store if the gas station wasn't approved, he said this: "This is a
unified development plan, and it has always been that way. So the
gas goes with the store. So you should consider the store when you
consider the gas station." Mr. Wester wants you to do that.
And this is what Mr. Bosi said at that Planning Commission
meeting, if you look at the last sentence I underlined -- or
second -- second-to-last sentence. It says, "It is not a stand-alone gas
station. It is a gas station that's associated with a membership
department store."
You know, something similar could be said about the 7-Eleven.
It's not a stand-alone gas station. It's a gas station associated with a
convenience store. The difference is a gas station with convenience
store is permitted by the Land Development Code. A gas station with
a general merchandise store is not permitted.
As Mr. Spokojny mentioned, this provision of 5.05.05 of the
Land Development Code places restrictions on quote, "Facilities with
fuel pumps." Facility with fuel pumps is defined as any
October 14, 2025
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establishment that sells, distributes, or pumps fuels for motor
vehicles, whether or not such facility provides automotive repair
services or includes a convenience store. In other words, Costco is a
facility with fuel pumps. Otherwise, we wouldn't be here today.
They wouldn't need a waiver of the 500-foot separation requirements.
They'd be exempt from that.
What are the restrictions on facilities with fuel pumps? They
can only sell, in addition to automotive items, cold drinks, candies,
tobacco, similar convenience goods, roadmaps, et cetera. Obviously,
Costco sells a lot more than that. This provision of the Land
Development Code prohibits them from doing that.
When I brought this up at the Planning Commission meeting,
Mr. Bosi said this provision doesn't apply because the gas station is
an accessory use, that the principal use is the merchandise store.
There's no exceptions for accessory uses from this provision of the
Land Development Code. They should be required -- it's not a
conventional gas station, I admit that, but it is a gas station, according
to the Land Development Code, and they should be required to
follow all of the regulations applicable to gas stations.
Just really quickly, it's not an accessory use. As Mr. Wester
stated, it's a unified development plan. There's nothing incidental
about the gas station. The gas goes with the store. Gas station drives
traffic to the store and vice versa.
Mr. Wester mentioned this trip cap applicable to the south area
of Hacienda Lakes being the south area of -- south of Rattlesnake
Hammock Road, plus the future school. And he mentioned very
briefly, "This portion of the development shall not exceed 1,409 p.m.
peak-hour trips." And keep in mind it says gross trips, not net trips,
not new trips. This is the total number of trips for the south area.
And the south area includes Esplanade. You'll see the reference to
Residential Pod A in the previous sentence. That's now Esplanade, as
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you can sort of see from that map. It's a little hard to read. It also
includes Ekos, which is entirely south of Rattlesnake Hammock
Road.
So to determine how much those residential developments
contributed to traffic, I looked at the Institute for Traffic Engineers
Trip Generation Manual. This is the same manual that they use in
their traffic information study. I believe it's standard for this -- for
this industry, traffic engineering.
You'll see for residential planned unit development, like
Esplanade, they have p.m. peak-hour trips based on the number of
residential units. Down here, 443 homes in Esplanade equals
318 p.m. peak-hour trips. Ekos has 320 units, senior attached
housing, that's 96 trips. A total of 414 total p.m. peak-hour trips in
this portion of the development. So Costco can contribute no more
than 994 additional trips.
This is their traffic information study. This is how many trips
the warehouse generates. This is how many trips -- p.m. peak-hour
trips the future outparcels contribute, 1,088, plus the 414 equals 1,500
total trips, exceeding the max of 1,409.
Now, they might say this includes the outparcels, which are not
built yet and may never be built, but this doesn't include the gas
station, which, if you look at the ITE manual, would have 345
additional trips for a gas station with 24 fueling stations. So again,
they're over the -- they're over the threshold.
And the ITE manual significantly understates the actual traffic
that Costco will generate. That was mentioned by a speaker earlier.
That's not us saying that. That's Costco's own traffic engineers
saying that. This is a memo they wrote in March of 2023 for a store
in California. They say they maintain a database of trip data for
Costco for over 20 years. They say that the actual traffic of a Costco
is more than twice what the ITE manual says. And again, the ITE
October 14, 2025
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manual is the source for their numbers in their traffic information
study.
This is another memo they wrote in March of 2024 for a store in
Littleton, Colorado. Again, they describe how they've been studying
Costco gas -- or Costco and Costco gas facilities for over 20 years.
They've invested significant effort into this
site-specific-trip-generation database. So they have a database going
back over 20 years showing the actual traffic that Costco will
generate.
So how much does it actually generate? Per thousand square
feet of retail space, 7.09 trips. 162,000 square feet, Costco, this
Costco in South Naples, equals 1,153 p.m. peak-hour trips. Add that
to the residential trips, 1,567 total trips, exceeding the max of 1,409.
We're not asking you to go out of your way to deny Costco the
ability to build here. We're just asking you to follow the law as it is
written. I think you'll see that based on the plain language of the
LDC and the PUD ordinance, not only is a Costco not permitted as of
right; it's actually prohibited by those items.
Thank you very much.
MR. MILLER: Mr. Chair, our next speaker will have 18
minutes. Would you like to do our court reporter break before then?
CHAIRMAN SAUNDERS: Are you ready for a break or --
THE COURT REPORTER: (Nods head.)
CHAIRMAN SAUNDERS: All right. We'll take a break until,
I would say, five minutes -- we're going to take a break until five
minutes to 3.
(A recess was had from 2:38 p.m. to 2:55 p.m.)
CHAIRMAN SAUNDERS: Okay. Ladies and gentlemen,
we're going to start with the speakers, if you'll please sit down.
MR. MILLER: Ladies and gentlemen.
CHAIRMAN SAUNDERS: All right. Mr. Miller, go ahead and
October 14, 2025
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try -- call the next speaker.
MR. MILLER: Mr. Chair, we had a speaker cede three
additional minutes to Milt. Rosanna Basir.
CHAIRMAN SAUNDERS: Okay. We're going to bend the
rule just a little bit. Milt's an attorney, and I thought -- he's going to
get three more minutes because somebody else is ceding to him.
That's an exception to our rule.
Milt, you have three minutes.
MR. SPOKOJNY: Oh, now? I'm sorry. I thought it was going
to be at the end. Give me a second there.
CHAIRMAN SAUNDERS: Why don't we go ahead and call
another speaker first.
MR. MILLER: All right. We'll do Frank CiPolla next. Frank
has been ceded additional time from Paul Totorovich.
MR. TOTOROVICH: Here.
MR. MILLER: Tony Barbella?
MR. BARBELLA: Here.
MR. MILLER: Camille Barbella?
MS. BARBELLA: Here.
MR. MILLER: Jack -- is this Jack Cummings?
MR. CUMMINGS: Here.
MR. MILLER: Okay. Mehdi Habibi?
MR. HABIBI: Here.
MR. MILLER: Hope I was close.
Marilyn Foos?
CHAIRMAN SAUNDERS: Marilyn Foos?
(Raises hand.)
MR. MILLER: I see her.
Larry Seely?
(Raises hand.)
MR. MILLER: Ken Barry?
October 14, 2025
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(Raises hand.)
MR. MILLER: Susan Seely?
MS. SEELY: Here.
MR. MILLER: And Lisa Locklin?
MS. LOCKLIN: Here.
MR. MILLER: I'm going to have to recount this real quick.
One, two --
MS. PATTERSON: Troy, before you get started, too, I just
want to remind the audience, Terri, our wonderful court reporter here,
is taking verbatim minutes, so if we could just have everybody keep
the conversation down in the audience. It makes it hard for her to be
able to take accurate minutes when she can hear background noise.
And I'd really appreciate it. Thank you so much.
CHAIRMAN SAUNDERS: And Frank has a total of 30
minutes.
MR. CiPOLLA: Thank you very much. I appreciate it. My
name is Frank CiPolla. I am a private businessman. I am a resident
of Naples for eight years full-time, and I live at Esplanade at
Hacienda Lakes.
So here we are at this moment. You gentlemen, all of you, have
the power to stop this if you want. I was thinking the other day,
why? Why does this have to go in that spot? There are a lot of
people here who are Costco members. They enjoy going to Costco.
But why do we have to try to jam this round peg into a square hole?
It doesn't make sense.
East Naples is currently rather undeveloped. There are large
stretches of land in places where Costco could go, but it insists -- it
insists on putting this up against a residential community and next to
a hospital, and I'll touch on that in just a moment.
Costco is not a destination stop. You go to Costco to save a
penny on gasoline and you buy in bulk. It is not a destination -- I
October 14, 2025
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should say it is a destination. You go there for a specific reason.
You don't stumble upon a Costco.
So if it's a mile east, west, north, or south, it really doesn't
matter. They can get the Marco market. They can get the other
market. They need one in South Naples. It does not have to be here.
We have mentioned this before. Mr. Wester has poopoo'd it and
his overlords at Costco, this 84 acres of land with plenty of roadway
at the corner of Davis and Santa Barbara. It's for sale. We've seen
the sign. I'm not a real estate agent. He'll mention that, I'm sure.
Now, Mr. Wester and his team, from the very first information
meeting that we had in February to now, when we asked the question,
why do we have to put it in that spot, his reply is and has always
been, "Well, it's zoned commercial."
Let me tell you something, that is not an answer. That is a
dodge. It's designed to quiet us, it's disrespectful, and for a company
that prides itself on working with the community, it's insulting. And
we would thought -- we would have thought by this point, through
the Planning Commission and the County Commissioners, that you
would have noticed that by now.
So let me -- indulge me for just a moment as I clear a couple of
things up. The folks at Costco are not being truthful. They're not.
Mr. Wester misquoted me at the Planning Commission meeting last
month and then misled the Planning Commission.
So let me state again for the record, you are voting or will be
voting, if you do vote today, on the only Costco in the United States
of America that would be up against a residential community and a
functioning hospital. This is the only one.
Now, Mr. Wester put on a children's magic trick and showed a
whole bunch of Costcos up against residential areas, but we took note
that -- just up against residential areas, and sometimes they are. But
this would be the only one in the United States that would be up
October 14, 2025
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against a residential area and a functioning hospital. Think about that
for a moment.
This Costco would also increase the number of gas pumps -- not
stations -- gas pumps to about 70 and make that corner, according to
Gas Buddy, the only corner in all of Naples with three gas stations.
This is what you would be voting for.
Now, let's go back in time a little bit. And I'd mentioned this to
the Planning Commission. Let's say I came to you five years ago and
said, "Gentlemen, I have an idea for that little piece of land at the
corner of Rattlesnake and Collier."
And you would say, "Okay. Tell me a little bit about it."
Instead of putting a shopping center that everyone could enjoy,
not just Costco members, we're going to put a giant warehouse there.
We think it's a great -- a giant warehouse there. Your immediate
question after that would be, "Well, I guess you would have an
entrance and exit off Collier Boulevard."
And I would say, "No, no. We're going to use a small two-lane
highway that goes into a community and is essentially a dead-end,
and we're going to have trucks, trailers, cars, 4,500 per day, possibly
a lot more, make an awkward turn into this off a two-lane roadway."
You would say, "Well, that doesn't sound so good."
Then I would pull you aside and say, "Look, I have another
entrance. I made a deal with the hospital next door which is hurting
for money" -- and I'll touch on that in just a moment -- "that we are
going to use one of their two entrances to run cars, trucks, trailers
around a functioning hospital at all hours of the day and night to get
in there."
You would probably look at me at that moment and say, "This is
ludicrous." Think about that for a second.
Now, Mr. LoCastro, to his credit, said, "Look, we don't want a
hearing examiner to take a look at this. We would rather have the
October 14, 2025
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Planning Commission look at this," and we applauded that. And he
promised in one of your newsletters, Mr. LoCastro, a deep dive. He
also said a moment ago that it would be a robust review.
So let's talk about what the Planning Commission did. It was so
deep, this dive, that there was no market study, and nobody noticed it
until we mentioned it, which should have stopped it right then and
there. Neighbors near by were not notified by mail. Milt and I had to
go and notify them because they were not notified by mail, which I
believe is required by law.
Private conversations were had, as Milt mentioned a moment
ago, between the Planning Commission chair and Costco. And when
we pointed it out to the commissioner and asked him to recuse
himself, he said no.
And then when he was caught, he told us, "Oh, we chatted about
A, B & C."
There were private emails that went back and forth from the
Chairman of the Planning Commission and Mr. Wester. We pointed
that out as well. We'd like to see what those emails say.
And the Planning Commission voted to disobey a county
ordinance about placing a gas station within 500 feet property line to
property line which is on the books to protect nearby residents from
traffic and safety issues. They disobeyed that, and we had a
discussion about this a little while ago. In short, the Planning
Commission has, concededly, bent over backwards to make this
happen.
Now, let me give you an example -- not too many people saw
this, but I took notice. During the Planning Commission after lunch,
one of the meetings, they talked about putting, of all things, a bus
stop. In addition to everything else, on that two-lane roadway, let's
put a bus stop right next to Costco.
The Planning Commission, rightfully, said to Mr. Wester and his
October 14, 2025
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team, "Would you mind putting the bus stop partially on your
property or on your property?"
And he said, "No."
And they said, "Okay. That's fine with us."
So it leads me to believe that who are they working for and who
are you working for? You're working for the constituents who voted
you in, not for a multimillion-dollar company to have what it wants.
Now, neighbors have come to me -- I'm not insinuating anything
nefarious, I want to go on the record, but I can't say that about my
neighbors. They have seen the Planning Commission meetings. Lots
of them are here today. They have seen the leading questions from
Mr. LoCastro, and they think that it's a done deal, but you have the
power right now to tell Mr. Wester and his team to go back to the
drawing board, find another site, and then we can sit down with
Mr. LoCastro, maybe the owner of the property, and plan something
that will benefit all of us and not just Costco members.
What I'm asking you to do is use your common sense. In your
quiet moments, you must know that this is idiotic. And that was my
quote, by the way. It is idiotic. It's a tragedy waiting to happen. A
warehouse and gas pumps up against a functioning hospital, cars,
tractor-trailer trucks, tankers making awkward turns from a two-lane
roadway onto a driveway which leads to a 62-and-over community.
If you vote in favor of this, and I hope you will not, three things
will happen. First, the residents, not having received a fair hearing
from the Planning Commission and hopefully getting a fair hearing
here, but if not we will take this to a judge and have him or her
decide. We are ready, willing, and able to seek injunctive relief.
This doesn't -- this doesn't end it. We're taking this to court, and I
mentioned that to them in the last meeting.
Second, you, and specifically Mr. LoCastro, will have to answer
for this. I have a petition done, with the help of Jotform online, of
October 14, 2025
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400 signatures, residents in and around the community. And I would
say to Mr. LoCastro, should you run for reelection or God forbid
Congress, that people will remember your actions today and how you
voted.
And third, and I've said this before -- and this is important -- this
will lead to an increase in accidents, injuries, and death at that corner.
And when the first elderly resident with a walker trying to cross
Collier Boulevard is hit and struck by a car or tanker tips over
because there's not enough room to make a turn off a two-lane
highway or a multicar accident results in injuries and kills several
people, I am going to email all of you if you vote for this, because
you will be complicit in what goes on at that corner. You go back to
your homes wherever you might live, but everything that happens at
that corner is going to be on your heads.
Now, while I'm on the subject -- and this is important -- let me
tell you about a meeting that Milt and I had -- he's my witness -- this
past summer with the COO of Physicians Regional hospital on
Collier Boulevard.
I will note that is the exact same position Mr. LoCastro held for
four years, which is yet another reason for him to recuse himself.
Milt is here as my witness. You could talk to him if you'd like. Milt
and I sat down with Physicians Regional COO Kareem Dunham, and
I said to him the same thing I said to you a moment ago, "This will
lead to more accidents, injuries, and death."
And you know what he said? "Well, we don't want death." Milt
is my witness. The implication being that injuries are something they
want.
In fact, let me tell you something. He then went on to tell me
that the hospital is struggling to make money, and with the Costco
next door, through visibility and these accidents, they estimate six or
seven emergency room visits a day equaling hundreds of thousands
October 14, 2025
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of dollars for the hospital.
MR. SPOKOJNY: I swear to God that was stated.
MR. CiPOLLA: Thank you. That's why they're so eager to rent
out a road around a functioning hospital for cars, tractors, and trailers
to use, because they'd like to get a check every month, and accidents,
injuries, and death.
The job of a politician is to work for all of your constituents.
And I'm looking at you, Mr. LoCastro.
COMMISSIONER LoCASTRO: All five of us are going to
vote on this.
MR. CiPOLLA: I understand that.
COMMISSIONER LoCASTRO: I hope you did your
homework on that.
MR. CiPOLLA: I'm looking at you, though, because you
represent this particular district.
COMMISSIONER LoCASTRO: Okay.
MR. CiPOLLA: There is a large conference room in this
building, and not once in this entire process has Mr. LoCastro said,
"Let's all meet in the room. Maybe there's some compromise here."
He has instead detailed again and again in his rather repetitive and
lengthy emails and newsletters, with a lot of underlining, what the
process is as if you are a colonel telling your inferior officers what
we should do and how we should do it.
COMMISSIONER LoCASTRO: Unsubscribe.
MR. CiPOLLA: I'm sorry?
COMMISSIONER LoCASTRO: Unsubscribe.
MR. CiPOLLA: Are you going to let me speak, or are you
going to speak?
COMMISSIONER LoCASTRO: No, go ahead.
MR. CiPOLLA: Mr. LoCastro also said he is hearing from
dozens, hundreds of people who are for this project. We've had three
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hearings so far, 21 speakers with Milt and several today, probably 25.
Not one person has come to any of these meetings to talk about how
they want this. Not one. So where are these people? Where are
they?
And worse yet, a hospital next door is chasing dollars which is
willing to let cars, truck, tankers use its -- only one of its two
entrances. It only has two entrances. One of them they have
permission from Costco to use.
Your job, all of you gentlemen, if you work for us, is to tell
Mr. Wester and his overlords at Costco that they need to go back to
the drawing board, and at that point we can sit down with
Mr. LoCastro, maybe even the owner of the property, Mr. Torres, and
plan this out for the benefit of the entire community, not just the
percentage of people who are Costco members hoping to save
pennies on a gallon of gasoline.
Costco is not going away. They need a second location in East
or South Naples. It's not a do-or-die proposition. It will find another
more suitable site, and there are plenty. And when all of you go
home, you can rest easy knowing you did not create a safety and
traffic hazard that will injure and kill people for many years to come.
Thank you.
MR. MILLER: We're going to have Milt do his three minutes
right here, and then Milt will be followed by Jack Yazinski.
CHAIRMAN SAUNDERS: Milt, do you have that one other
person?
MS. BASIR: Yep.
MR. SPOKOJNY: Thank you for ceding me this time,
Commissioners?
COMMISSIONER HALL: Mr. Chairman, could I make a
comment?
CHAIRMAN SAUNDERS: Yes, sir.
October 14, 2025
Page 177
COMMISSIONER HALL: I welcome all the comments from
the public, but if you can't keep your comments not being personal,
you're going to tune me out just like that, and I want you to know that
up front. We have no intention of entertaining anything personal
against any of us. We're here to do a job, and we want to listen, and
we want to do it as well as we can, but the personal attacks, I find, are
very shallow.
CHAIRMAN SAUNDERS: I agree with that.
Milt.
MR. SPOKOJNY: Thank you. Milton Spokojny again, 8373
Promoso Court.
I want to talk about their request for insubstantial change. I
don't believe their request for an insubstantial change is valid. Your
Land Development Code indicates Section 10.02.13. There are three
types of changes to a PUD ordinance: Substantial, insubstantial, and
minor.
Number 1, substantial change, any substantial changes to an
approved PUD ordinance shall require the review and
recommendation of the Planning Commission and approval of the
Board of County Commissioners as a PUD amendment prior to
implementation. Applicants shall be required to submit and process a
new application complete with pertinent supporting data as set forth
in the Administrative Code for the purpose of this section, and
substantial change shall be deemed to exist where -- and I'm going to
go through some items -- B, a proposed increase in the total number
of dwelling units, intensity of land use, height, or buildings within the
development.
E, a substantial increase in the impact of the development which
may include but are not limited to increases in traffic generation,
changes in traffic circulation, or impacts on other public facilities.
Bingo. That's a substantial change.
October 14, 2025
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F, a change that will result in land-use activities that generate a
higher level of vehicular traffic based upon the Trip Generation
Manual published by the Institute of Transportation Engineering.
Costco traffic engineer used that particular manual. Another reason.
H, a change that will bring about a relationship to an abutting
land use that would be incompatible with an adjacent land use. There
can be no question that this land use is incompatible with the
residential and a hospital use. No question. Nobody on earth is
going to challenge that position.
Therefore, you should deem this to be a substantial change.
Look at your own ordinances. It's clear, legal language. There's no
question about it.
Another reason is, have you heard of the Polk Collier trail
system? I talked to the engineer in that system. His name is David
Turley. Costco wants to use the right-of-way, the power and light
right-of-way for additional parking. That is going to be used by the
trail system, so there's a conflict there. You should check that out,
okay.
I would also indicate that you should follow Mr. Schumacher's
dissenting opinion. There's not enough roadway there to
accommodate the traffic. You're asking for a conflageration
(phonetic) allowing tanker trucks to turn there. You're asking for bus
stops. There's a future school that's going to be in that area. You
guys are asking for a catastrophe to take place.
Please heed that. Thank you.
MR. MILLER: Your next speaker is Jack Yazinski. Jack will
be followed by Roy Martin. Jack has been ceded additional time
from Nancy Yazinski.
(Raises hand.)
MR. MILLER: Linda Hughes.
(Raises hand.)
October 14, 2025
Page 179
MR. MILLER: Paul -- is this Sciocino?
MR. SCIOCINO: Yeah.
MR. MILLER: Close.
Michael Haller?
(Raises hand.)
MR. MILLER: Michael Hammond?
(Raises hand.)
MR. HAMMELL: Hammell.
MR. MILLER: Okay. James Gould?
MR. GOULD: Yes.
MR. MILLER: Steven Shores?
(Raises hand.)
MR. MILLER: And Thomas Convery?
(Raises hand.)
MR. MILLER: That will be a total of 27 minutes, sir.
MR. YAZINSKI: Thank you. And my name is Jack Yazinski.
It's spelled Y-a-z-i-n-s-k-i, just like it's pronounced.
My wife and I -- Nancy and I live full-time in the Esplanade at
Hacienda Lakes, and we have done so for about three years now after
owning a house in Lely for a number of years.
By way of introduction, before I moved here, we lived in New
Hampshire where I was a practicing attorney specializing in
municipal and land-use law until 2001 when I was appointed to the
State Circuit Court bench where I served as a judge for 22 years,
taking on senior status in 2022.
So as I said, we lived in Lely for -- we had a place in Lely for a
long time, and we love it here. We love the area of Naples where we
are. We love the people, and we decided we wanted to live here
full-time.
We watched the Hacienda Lakes development from the
beginning as it slowly progressed, and we decided that we would
October 14, 2025
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look in there. And we liked it. So before we signed a purchase and
sale agreement, I decided I was going to go and look into the PUD,
the MPUD, what was going to be allowed, what wasn't going to be
allowed, because it seemed to really fit what we were looking for.
And I also have had experience with PUDs, and they're a great idea.
And the County took great steps in adopting the Growth Management
Plan that included PUDs.
So as I did that research, I looked carefully at all of the -- all of
the minutes. I looked carefully at the hearing before this Commission
in 2011 and then the minutes from the passage of Ordinance 11-41,
which Mr. Bosi referenced earlier. And in all of those minutes -- and
I'm going to read from some of them -- this activity zone was
described as a zone with various retail uses, "various retail uses."
And it made sense because it was planned to have the multifamily
units. It was planned to have the single-family homes, retail and
commercial to support it.
And Mr. Bosi, thankfully, made my point for me when he got up
here and started showing the slides and the purpose and the rationale
for PUDs. The first paragraph he quoted from said, "This mixed
PUD is mixed use in character," and the words are beautiful. It's
designed to be done on a human scale. It's going to be pedestrian
friendly, maintaining a wide range of uses. That's why I went there.
But what you have in front of you is not a wide range of use. It's
a monolith that is going to take up -- despite the fact they said, "We're
only using half of the square footage we're allowed." That property is
going to be paved over, and you're not going to see any other retail
uses except for some small pads. That is not a variety of uses.
So when Costco was proposed, I went back and thought, "Well,
I must have missed something," because this just does not seem to be
consistent with what was represented to the planning office, to the
planning board, and to the Commission informing -- when up here
October 14, 2025
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forming this MPUD.
And in all of those meetings, the representations that were made
to the various boards and to this Commission were consistent. For
instance, the minutes from the October 25, 2011, meeting, when the
Ordinance 11-41 was adopted, Mr. Yanovich [sic], the attorney
representing Costco and the developer, states: "We're asking for a
maximum of 327,500 square feet of retail uses which are going to be
part of this activity center." That would lead one to believe that you
would have retail uses that are consistent with a large development, a
large neighborhood, and a large market. Again, not one monolithic
structure.
He then goes on -- and this is on Page 139 of the minutes of
October 25, 2011. Again, Mr. Yanovich speaking. "We're asking for
the residential PUD with the typical development standards you
would find in a residential PUD. We're asking for a commercial
PUD with the typical uses and development standards you would find
in the PUD."
No one could have been contemplating that there would be one
use for that retail space for that commercial zone, for this activity
zone.
Page 142, again, the October 25, 2011, meeting, "What we're
doing -- whatever retail we construct on the residential/medical tract
would be subtracted from the overall 327,500 square feet of retail
uses."
So what are the retail uses? What are the commercial uses?
This is the important part of my argument, and I would ask you
respectfully to pay attention to it, because it goes against what your
planner and the Planning Commission --
I'm sorry. Did I say something funny?
COMMISSIONER McDANIEL: Yeah, you did. Asking me to
pay attention. I thought that was humorous.
October 14, 2025
Page 182
MR. YAZINSKI: Well, you know what -- you know what, it's
part of being a judge and realizing nobody pays attention to you when
you're talking. You know, "Counsel, would you pay attention to
me?" as I'm talking.
I apologize. But now that you are paying attention...
Ordinance 11-41 -- and this goes along with what David
presented to you about whether or not this is actually a permitted use.
And I think if you read the minutes that led to the adoption of this
ordinance, along with this proposal -- and stressing what Mr. Wester
has said numerous times, that this -- this is one proposal. This is not
a retail unit with an accessory gas station. This is one unit. And I
suggest to you that that means that this Commission, when it adopted
this ordinance, would have made that a permitted use if you intended
to have it as a permitted use.
But if we go and look at the permitted use, you will find, as
Mr. Wester rightly pointed out, 90 or more uses, and they include just
about everything you can imagine. Now, laundromats,
multi-families, auto stores, auto dealers, building construction,
bowling centers, bookkeeping services, business credit institutions,
home furniture, glass glaze working, non-depository credit
institutions, miscellaneous retail, passenger car leasing; 89 uses until
you get to 90.
And 90, which Mr. Wester quoted in part, in part, leaving out
the most important part, is this, and this is where -- this is where
Costco would come in. It's a use that could be permitted if any other
commercial use which is comparable in nature with the foregoing list
of permitted uses and -- this is the part that he conveniently left
out -- and consistent with the purpose and intent statement of the
District as determined by the BZA.
Well, we know what the purpose and intent is, because Mr. Bosi
told us, right? It's supposed to be pedestrian friendly. It's supposed
October 14, 2025
Page 183
to contain a mix of uses. This Costco goes completely against that.
It is one use that is combining a slew of uses.
Now, I'll point out again that the ordinance was actually drafted
and submitted for the County Commissioners' approval by counsel
for the developer. He could have added in Use No. 91, a
members-only warehouse with a gas station. I suggest to you, if at
that initial meeting October 25, 2011, where the Commission was
considering adoption of this ordinance, if that was suggested, it
would have been incredulous. You would have said, "No, no, wait.
This is an MPUD." Everything that goes in there is supposed to have
some benefit to the PUD.
It was 1,700 apartments. How does a Costco with a private gas
station benefit those 1,700 apartments? You know, you just -- it is
not a permitted use. And if you were to find anything, the only way
that they could come in front of you would be under Paragraph 90,
"any other commercial use," and that would be contingent upon you
making the specific factual findings that it is consistent with the
purpose-and-intent statement of the District, and I suggest it's not.
So the market study was touched on, and the market study lacks
a lot of information. It does not show that this proposed gas station
actually benefits this market. You heard the numbers. The numbers
are accurate. They simply don't meet the criteria.
The other thing that's amazing -- and once again, my friend
David went into this -- the traffic study is so flawed. And, you know,
he's a brilliant real estate attorney. He did the homework. He did the
math. He did the research.
I suggest before you can even act on this, Costco's got to come
back and incorporate the information that he found that's their
information about traffic flow and traffic statistics from the
memoranda that he found simply by doing a Google search. That
traffic study is flawed, and if you allow this to go forward, it's going
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to go forward with a traffic study that is flawed.
So I am done. And I'm going to go back and go home to -- with
my wife, Nancy, who -- I promised when I retired I would not be
standing in front of boards and making arguments, but here I am.
So you're going to hear a presentation from Roy Martin.
Mr. Martin, you know, he's not going to tell you about himself, but
I'm going to tell you that you're about to hear a presentation from a
guy that was -- is one of the smartest people I know. He's a chemical
engineer. He personally holds over 60 patents, many dealing with
water and treatment of water. So when he comes up, I know he's not
going to tell you how qualified he is, but this guy is really, really
qualified --
MR. MARTIN: Yes, I am.
MR. YAZINSKI: -- and it's interesting.
So final words, Edward Abbey, back around 1975, said
something that I think is appropriate for this. "Growth for the sake of
growth is the ideology of the cancer cell." And all we're doing if we
approve this is approving growth for the sake of growth.
Gentlemen, thank you so much for your time.
MR. MILLER: Your next speaker is, in fact, Roy Martin, and
he will be followed by Diego Zaragoza-Lemus.
Mr. Martin's been ceded additional time from Jacklin -- is this
Smurlo?
MS. SMULO: Yep.
MR. MILLER: Okay. Tom Rath?
(Raises hand.)
MR. MILLER: Elaine Rath?
(Raises hand.)
MR. MILLER: Tony or -- I don't know if that's Tony or
Toby -- Robesure (phonetic).
(No response.)
October 14, 2025
Page 185
MR. MILLER: R-o-s-e-u-h-e-r-a.
(No response.)
MR. MILLER: No.
All right. Tim Alonzi?
(Raises hand.)
MR. MILLER: Brian Bina?
(Raises hand.)
MR. MILLER: Carol Ksiazek?
MS. KSIAZEK: Ksiazek.
MR. MILLER: Thank you. The silent K got me.
And Richard -- not even going to try -- Bikowski.
(Raises hand.)
MR. MILLER: All right. So that's going to be a total of 24
minutes. And they will be followed, as I said, by Diego
Zaragoza-Lemus. And let me get his PowerPoint up. There you go.
MR. MARTIN: Well, thank you for having me. My name is
Roy Martin. I'm a resident of Esplanade at Hacienda Lakes. My
background's chemical engineering, as Jack told you. I have 40 years
of water treatment experience specifically in the areas of wastewater,
industrial water, oil and gas recovery, and hydrological fracturing.
I have 35 slides to get through with limited time, so I'm going to
stay on script to complete the presentation on time, then I can take
any questions.
Initially, it may appear this presentation is a bit off topic, but
please bear with me, as in the end the big picture and gravity of its
content will come to light.
On July 17th, 2025, I presented to the county committee
findings from a study conducted by the South Florida Water
Management District beside the exposed communities experiencing
increased flooding along the Henderson Creek Canal as a result of
land development. We live in a floodplain. Knowing the flood risk,
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what can be done to mitigate the flooding potential?
Please note the word "shall." Shall means mandatory. It must
be done without exception. Referring to the green highlights. "The
floodplain management ordinance shall apply to all developments
that is wholly within or partly within any flood hazard area."
The plot of land at Collier Boulevard and Rattlesnake Hammock
Road is zoned FEMA Zone AH, flood hazard area.
The intent of the floodplain management ordinance is to, quote,
"Prevent or minimize future flood damage and minimize damage to
public and private utilities and facilities."
This is the Collier County Land Development Code 6.05.01,
water management requirements.
I highlighted in blue and green a couple of key elements. Please
take note of these key elements, as I will be illustrating examples of
them being put to practice.
Stormwater runoff from outside the development shall be
included in stormwater design and shall provide for optimal on-site
detention of stormwater runoff.
Metrics were used to assess how these developments are
complying with the water management requirement Code 6.05.01.
Note the black print. The total impervious surface comprises all
surfaces that will produce stormwater runoff, such as the building,
roads, parking, sidewalk, et cetera.
The metric compares the development design based on a
100-year, three-day storm model. The metric comprises water
detention divided by the total impervious surface in order to obtain
the percent area for stormwater detention; two, master drainage
diagram to determine if drainage connects to the Henderson Creek;
and three, identify if an MPDS [sic] permit exists, which is required
for stormwater discharge to a waterway.
Let's see how these new developments match up. Starting from
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north to south, Caymas development, water detention to total
impervious surface is 240 percent. Note the retention lakes have
permanent water but also serve as detention lakes for temporary
storage of stormwater runoff.
The blue highlighted conduit pipes, they channel water to and
between the lakes. Note the yellow highlighted Henderson Creek at
top. There is no connection between the Caymas property and the
Henderson Creek Canal. Caymas is self-contained. It is following
the Collier County codes and ordinances. Caymas is doing it right
and being a good neighbor.
Moving south along Collier Boulevard, this is the Fiori
apartments. This development raises concern. The blue highlighted
areas showing the dry detention -- oh, sorry. That's Seven Shores,
huh? I'm getting a little ahead of myself.
This is the Seven Shores community. Water detention,
52.1 percent. The drainage diagram is similar to Caymas. They use
retention lakes that also provide stormwater detention.
Note the green highlight. It shows drainage from entrance road
directed to Lake 3. Do you recall the Code 0.65.01.B [sic]?
Stormwater runoff from outside the development shall be included in
the stormwater design. This is an example of the code being put into
practice by the developer. Seven Shores development is
self-contained. Another good neighbor, this is the Fiori apartments.
This development raises concern. The blue highlighted area
shows the dry detention that is clearly undersized. The green
highlighted area shows the overflow from the stormwater detention
drains in the Henderson Creek. Note the MPDES permit.
The yellow highlights toward the bottom right is the stormwater
discharge rates in the Henderson Creek Canal. I took the liberty to
convert them into gallons per minute. Please note how these flow
rates are modeled based off the standardized set of storm models.
October 14, 2025
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We all -- we should all note that this is water that will be
flowing down Henderson Creek Canal that had never done so before.
While we don't know what impact this will have on downstream
flooding yet, we do know with 100 percent certainty it will not make
the flooding risk better.
Continuing south, this is the Hammock Park apartments with the
7-Eleven. The development also uses dry detention like Fiori
apartment; however, note the green highlighted area, top right. Dry
retention overflows to a large preserve located on site. Also note the
red highlights to the left showing drainage from Henderson Creek
overpass and the 7-Eleven gas station is collected as mandated by
Code 6.05.01.
Hammock Park apartment is self-contained, having no
connection to Henderson Creek Canal. This developer is following
the Land Development Codes.
Moving to the south and east, we have the Ekos apartments.
The red box shows a large retention, Lake 14, where the stormwater
is conveyed to. Also, note the property line to the west. It backs up
to the Florida Power Light easement, and the built road structures
clearly illustrate future development.
The yellow highlights show conduit pipe connected to the
retention Lake 14 for stormwater detention. The developer is
compliant with Collier County codes for land development.
This is the initial Costco site plan showing 677,000, plus
change, of total impervious surface. This shows the total initial
planned expansion of Costco comprising over 767,000 square feet of
total impervious surface.
Pleas note the green highlights. The latest site plan
demonstrates -- and this is dated -- this came from a study dated
7/29/2025. Please note the green highlights. The latest site plan
demonstrates Costco will now comprise 969,100 square feet of
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surface producing stormwater runoff. Also please note the green
highlight toward the bottom which states, "It exceeds the overall
permitted land uses."
This shows the new site plan comprising 969,100 square feet of
impervious surfaces that produce stormwater runoff. This is greater
than 26 percent larger than the original site plan. It is apparent to me
when the County grants Costco a waiver, they add another acre.
Furthermore, note the yellow highlighted area. This is the
project boundary. So much for restricting the development to the plot
of land they purchased.
This table shows the on-site underground detention of
stormwater. The total capacity is just under 1.8 million gallons of
stormwater.
This table shows the storage capacity of Lake 13 located on the
southwest corner of the proposed Costco property. It has a detention
capacity of just under 1.6 million gallons of stormwater.
In order for Costco to meet the mandatory on-site detention of
stormwater under Code 6.05.01. Like the other developers, they need
detention of over 9.4 million gallons of stormwater.
Based on Costco's design plan, they only provide enough on-site
detention to accommodate less than 36 percent of the mandatory
on-site detention of stormwater.
Also note the green transparent box on the left showing the plot
of land for commercial development while the orange section shows
the boundary, the project boundary, as a result of the proposed
discharge of stormwater to offsite locations.
Now, let's see how Costco stacks up against the other new
developments in the area.
Even when utilizing underground stormwater detention, which is
included in this assessment, the allocation of land for stormwater
detention is grossly inadequate. To put into perspective, picture in
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your mind, if you will, a red fire hydrant. The cap's removed and the
valve is fully opened. The rushing stream of water begins flooding
the street. Water jumps over the curb onto the grass, et cetera.
This example could comprise of about 500 gallons per minute.
During a major storm event, on average, Costco's site plan would
discharge over 2,100 gallons per minute, equivalent to over four fire
hydrants operating at 100 percent capacity.
At peak rainfall of three inches per hour, which is a FEMA
number, Costco's site plan would discharge over 30,000 gallons per
minute. This is equivalent to opening sixty 500-gallon-per-minute
fire hydrants full blast.
This is the stormwater management report dated September 5th,
2025. It's only five weeks old. Note the yellow highlights requesting
a quote, "major modification," to the South Florida Water
Management District permit.
Essentially, Costco is paving over the plot of land as a result.
They do not have sufficient land to allocate toward stormwater
detention like that implemented by other developers. Even the
underground detention combined with the pond named Lake 13 is
grossly undersized. As a result, Costco's now proposing to discharge
the stormwater to offsite locations such as Lake 14, then transport the
excess stormwater from Lake 14 to open land just north of the Azure
community.
I converted a proposed 25-year discharge flow rate to gallons
per minute. I included the 100-year discharge rate I obtained from
Appendix H. Addenda E provided a green highlighted 100-year
three-day levels -- stage level of 12.51 feet, which would provide a
significant lower discharge rate, as illustrated in Appendix H. In
other words, the wrong value was reported.
This illustrates that Lake 14 requires a major permit allowance
in order to increase the 100-year three-day peak stage to 12.55 feet
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from 12.51 feet.
The report is based on a microcosm of Costco's discharge rate.
The 203-page report does not include the existing discharge
requirements to Lake 14, comprising over 1.8 million gallons of
stormwater from Ekos apartment. This 1.8 million gallons of
stormwater would have been detained in Lake 14. Now the
additional 1.8 million gallons of stormwater will need to be
discharged to the land to the north of Azure under the proposed
Costco plan. Not exactly a small amount of water to dismiss as
oversight.
Here I assess the peak stormwater runoff resulting from both
Costco and Ekos using the FEMA three-inch-per-hour rainfall rate.
During a major storm event, over 36,000 gallons per minute of
stormwater runoff can be produced, equivalent to over -- opening
seventy-two 500-gallon-per-minute fire hydrants at the same time.
The purple line shows the approximate location where the
stormwater will be discharged. The discharge from Lake 14 will
comprise stormwater from Costco that is not detained on-site as well
as Ekos stormwater runoff, as Lake 14 can no longer detain the Ekos
stormwater without exceeding the 12.55-foot peak stage resulting
from their proposed major modification.
It is important to realize that during a major storm event like the
100-year model required, the over 15 inches of rainwater is being
distributed across the entire region.
Lake 14 receives it as well as the land where the over 7.8 million
gallons of stormwater runoff is proposed to discharge onto. The land
will become saturated, and the water will pool. Adding over 7.8
million gallons of water onto the top of saturated soil is enough to
cover 24 acres of land with one foot of stormwater.
South Florida Water Management District has determined that
the severity of major storm events has increased. As a result, the
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South Florida Water Management District is in the process of
increasing their design factors to compensate. This is a 2022
memorandum.
The yellow highlights show that for the 10-year, three-day
model, the South Florida Water Management District will increase
the design requirements by an additional 23 percent.
Relating this to the Costco site plan, this change would then
require on-site detention of over 11.5 million gallons of stormwater
runoff. The fact that Southwest Florida district is in the process of
updating their models as a result of increased storm intensity. This
knowledge should drive home the severe risk associated with
deviating from Code 6.05.01, that mandates on-site detention of
stormwater runoff.
The intent of the floodplain management ordinance is to quote,
"prevent or minimize future flood damage" and quote, "minimize
damage to public and private facilities and utilities."
Code 6.05.01 is in place to ensure intent of the floodplain
management ordinance. It is achieved by mandating on-site
detention of stormwater runoff.
This is an illustration exemplifying how this plot of land could
be developed while meeting the established codes and ordinances. It
could also serve the entirety of the local residential communities with
restaurants and shops, a beautiful retention lake with fountains that
enhance the beauty of Southwest Florida, or it could also be a Costco
that is being a good neighbor.
The development is self-contained, like the majority of new
developments in the area, meeting the mandatory codes and
ordinances. The entire development fits into the plot of land being
purchased. The commercially zoned plot of land in question was
never meant to be exploited in the manner being proposed.
The proposed Costco site plan fits into this plot of land like a
October 14, 2025
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man fits in a 52-inch -- with a 52-inch waist fits in a Size 40 pants. It
doesn't work.
The codes of -- the codes on the books are to commute county
laws that shall be enforced without exception. They are mandated.
When codes and ordinances are waived, there is a risk, and with
risk comes liability and accountability. I've demonstrated how other
developments designed their site plans to meet the requirements of
the mandated codes. The proposed Costco Land Development Code
looks nothing like these other new developments. What was initially
a proposed 607,000-square-foot impervious area has now grown to
over 969,000 square feet. As I previously stated, every time the
County provides a waiver, Costco adds an acre.
The floodplain management ordinance is in place to ensure the
safety and well-being of the public and property. The risk and
potential harm to life and property I just exposed is very real.
Turn on the news, and we hear, with increased frequency,
interviews from people in communities to our north describing how
they'd lived for 20 years and never experienced flooding like they do
now.
More often than not, the flooding is attributed to the building of
new developments. We've all heard the phrase, "Looking at the trees
instead of the forest." Does anyone believe those developments
didn't undergo extensive site planning and move through various
committees before being approved?
Maybe those involved in signing off the design plans were so
focused on their small portion of the project, they missed the
1.8 million gallons stormwater runoff already allocated to the
retention lakes. Oops.
I've done what I can do. Now the onus to prevent this from
happening to the residential communities is now in the hands of our
elected officials.
October 14, 2025
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I've come here today to disclose on the record the gravity of the
self-inflicted risk. These risks can be mitigated by simply enforcing
the codes meant to ensure the safety and well-being of the residents
and property. The law is on the side of this committee. To me, it is
an easy decision.
For my parting comment, I'm going to use an analogy. The
federal government comprises three equal bodies: Executive,
legislative, and judiciary. The judiciary is there not to make the law
but to ensure the executive and legislative branches operate within
the law.
This committee is the judiciary. It is your responsibility to
ensure whatever comes your way meets the county codes and
ordinances to ensure the safety and well-being of the residents and
property. The various other entities involved in the permitting,
design approvals, et cetera, comprise the other branches of
government. It doesn't matter what they approve. This committee
needs to consider if they -- if what they approve meets the
requirements within the established codes and ordinance of Collier
County.
This plot of land will be developed, but will it be developed to
serve the residential community or serve Costco?
I thank you for your time and attention. I can take a question.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Diego Zaragoza-Lemus,
and he'll be followed by David Stasiak.
MR. ZARAGOZA: Hi. My name's Diego Zaragoza. I'm 26
years old, and I'm a long-term resident here in Naples, Florida.
I came to this place when I was only five months old, in the year
1999. And for me, it's kind of hypocritical that the residents of
Hennesy [sic] Lakes have any issues with a brand-new Costco being
built here when previously, before the year 2012, their community
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wasn't even built.
Can I get this thing to show pictures?
CHAIRMAN SAUNDERS: Yes. Ms. Patterson -- if that will
work.
MR. MILLER: Kind of.
MR. ZARAGOZA: As you can see, right here in the picture it
says that --
CHAIRMAN SAUNDERS: You're going to need to use --
MR. MILLER: You're going to need to stay on the microphone,
sir.
MR. ZARAGOZA: As you can see, it says that Hennesy [sic]
Lakes was built in the year 2012 and still being built as of right now.
So even before this, I remember the whole entire Hennesy Lakes was
nothing but trees and stuff like that. So for them to complain about
this new Costco being built is as -- like I said, is hypocritical and
laughable.
As you can see the current Costco, and right there at the blue is
where I currently live. I live at Tuscan Isle.
And as you can see, it takes about 22 minutes to get to the
current Costco. With the new proposed Costco -- with the new
proposed Costco, it will cut that time in half. And I speak not just for
myself but for -- hold on. I accidently deleted it. But -- anyways.
I speak for the entire of the residents of Golden Gate and Naples
Manor that this brand-new Costco being built will save us time to get
to this Costco. And not only that, but as a long-term resident I'm
seeing a lot of new development here in Naples. And as I grew up
here in Naples, I've been through Lely, Manatee, Osceola Elementary
School, Pine Ridge Middle School, and lastly, Lely High School as
my graduating year of 2018.
And I've seen a lot of new changes being built here. I'm seeing
new communities like this. Right here, this is a new resident
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apartment complex in Golden Gate being built, right there. And over
here in this red, as you can see, you're seeing that brand-new highway
where I live, that pin -- that pink pin where that is, that's where I live.
And in that -- in the red, they're building a new highway and
stuff like that. And I know there's going to be a new apartment
complex there. And on the right, on the top right, there's going to be
a brand-new Chick-fil-A there. And I'm excited for all of this
development, because I'm -- I'm excited of all of this brand-new
things going on in Naples. I'm excited that a lot of new people are
coming into this city.
But it's -- like I said, it's laughable and hypocritical that any
brand-new residents coming over here in Naples have any
problem -- or have any issue with a new building being built in their
area for, like I said, Costco, and I have no issue with Costco being
built there at all.
So like I said, hypocritical and laughable, and you guys, like I
said, your residence was not even there at all. It was nothing but
trees and nature.
CHAIRMAN SAUNDERS: Excuse me. You need to address
just us, not the audience.
MR. ZARAGOZA: I'm sorry. I'm sorry. But like I said, before
their residency, there was nothing but trees and nature, and now
they're concerned about, like, oh, environmental concerns or safety
concerns.
CHAIRMAN SAUNDERS: And your time is up.
MR. ZARAGOZA: Can I say just one more thing?
CHAIRMAN SAUNDERS: One sentence, if you could do it
quickly.
MR. ZARAGOZA: Okay. Build that Costco for the entire
long-term resident of Naples, please and thank you.
CHAIRMAN SAUNDERS: Thank you.
October 14, 2025
Page 197
MR. MILLER: Your next speaker is David Stasiak, and he will
be followed by Lanette Keller.
MR. STASIAK: Yes. My name is David Stasiak. I live at 8064
Calle Canovas Court in Esplanade at Hacienda Lakes. I am
currently -- the development is at the dead-end of Rattlesnake and
[sic] Hammock Road.
My main concern, especially after -- Roy Martin mentioned
about the storm surge and the storage of this water. This is -- it's
causing the additional flooding in that area. I was told that -- my
insurance company, Galt Insurance, they said that the flood
insurance -- the flood rate from FEMA was changed in this area due
to the overdevelopment within this area.
Also, I wanted to mention that in March of 2017, there was a
fire of 6,000 acres which closed down Collier Boulevard from Davis
to -- all the way to Rattlesnake Hammock Road.
Just a few months ago, we had a fire in our preserve, which is
located right behind Azure, and it threatened our area. I'm concerned
about being trapped in this area and having adequate infrastructure
and roads that are nonexistent right now, but we exist and -- for
evacuation purposes.
If there is an accident or catastrophic event at that intersection of
Rattlesnake and Collier, it is going to impede a large number of
people trying to get out of that area.
I guess -- also, I understand that -- the agreement between
Costco and Physicians Regional Medical Center concerning the
additional flow of traffic from Collier and using their private property
and -- to have access to Costco. I find that just applorable [sic] that a
medical center would even consider that. That property is for the
safety of their patients and the family members in that area.
CHAIRMAN SAUNDERS: We need you to -- we need you to
wrap -- yeah, you need to wrap up if you would.
October 14, 2025
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MR. STASIAK: Yeah. So my main concern is that I would be
trapped in that area.
CHAIRMAN SAUNDERS: Thank you.
MR. STASIAK: Thank you.
MR. MILLER: Your next speaker is Lanette Keller. She'll be
followed by Herman Diebler -- or Diebler. I'm not sure if I'm saying
that right.
MR. DIEBLER: Diebler.
MR. MILLER: Thank you.
MS. KELLER: Good afternoon, Commissioners and staff. My
name is Lanette Keller. I live at Esplanade at Hacienda Lakes. My
family moved to Naples in 1966, so I've seen many changes and
weathered many storms. I worked as a State of Florida employee
working here at the Collier County Courthouse for almost 40 years
for elected officials. I'm totally aware of the commitment it takes,
dedication, honor, challenges, and demands of being an elected
official. It has its rewards, but it has its downfalls. I thank each and
every one of you for your service.
Over many years, I witnessed your success in dealing with
overwhelming growth and the infrastructure modifications that had to
support this rapid growth. I really appreciate what you've done for
our community.
My concern is all the brick and mortar that is continually being
constructed in Collier County. This growth has forced a change in
Collier County flood zones and most likely will continue to do so. I
realize we can't stop growth and, quite frankly, if I lived up north, I'd
be moving here too.
I'm requesting you carefully review each brick-and-mortar
proposed project that comes before you in the future as it will affect
so many aspects of this beautiful city I call home.
The green space is quickly disappearing, and when we are hit
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with another storm -- and we will be -- major storm, more flooding in
our homes and businesses will occur. Maybe part of that solution is
to encourage developers to put in more green space in these projects.
I currently live behind the proposed Costcos [sic]. I'm not
against Costcos in East Naples; however, putting Costcos on the
corner of Rattlesnake Hammock Road and 951 concerns me. Why is
it necessary to make an exception to a variance to allow so many
tanks on one corner? Won't this hurt the existing businesses? Is this
a need or just another want?
Adding another business on that corner with such high volumes
of traffic and multiple gas tanks adds to the safety concerns for those
who live there and for those who recently moved there. The newly
constructed buildings include numerous apartment buildings, a lower
income adult apartment building, an assisted living facility, and soon
to be added a nursing home and a school all on Rattlesnake
Hammock and 951.
I realize there will be a commercial project there of some sort,
but why does it have to be one of such large volumes of traffic and
one that does not benefit all residents, as it's a member-only club?
Thank you for your time, and thank you for permitting me to be
here today.
MR. MILLER: Your next speaker is Herman Diebler. He'll be
followed by William Dunn.
Mr. Diebler's been ceded three additional minutes from Leigh
Breeden.
Leigh, are you here?
(Raises hand.)
MR. MILLER: She's here.
He will have a total of six minutes.
MR. DIEBLER: Good morning -- or good evening, I should
say, at this point.
October 14, 2025
Page 200
My name is Herman Diebler. I'm from the Esplanade at
Hacienda Lakes. I've lived in Collier County going on 30 years now.
Over the years, I've seen much change in our county and, by
enlarge, I've pretty much learned to respect the decisions made by our
Collier County governing boards; however, this Costco situation is a
real concern.
I have attended a number of Costco meetings whose purpose
was to advance Costco's desire to build their warehouse complex in
the Hacienda development. Each meeting consisted of checking a
progression of boxes, which would lead Costco to their eventual
success.
The box labeled "common sense" was always missing, and I
think you've heard this before. When it was brought up, we always
heard, "Well, it was not our job." Well, whose job is it? I think it's
your job. At least, I hope it's your job.
Hacienda property is zoned for commercial use, which is
understood. The box is checked, is labeled "department store," but
let's apply a little common sense to that.
Now, say, a Boeing 787 wanted to land in our airport. Our
airport, at one point, had a box that said, "Check for airplanes only."
Well, a 787 is an airport -- is an airplane and, therefore, we shall
allow 787 to land at our airport, and we would accommodate it.
I doubt you -- I doubt very much that you would probably think
that -- I doubt you would agree with it, because it doesn't make
common sense. It's a -- and the outcry of the residents is such that
you wouldn't do it.
Now, I use the same common sense -- and Costco Warehouse.
Costco Warehouse is a Boeing 787. It's immense. Costco is not a
department store. It's a mammoth department store requiring massive
infrastructure to operate, infrastructure which, due to the property's
limited size and location, will greatly impact the surrounding
October 14, 2025
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community.
One of the main things to consider is traffic and congestion.
The property's location offers some unique challenges. Collier
Boulevard is a major thoroughfare leading north to Route 75.
Rattlesnake Hammock is a dead-end servicing 3,000 residents at this
point. The residents are all in walking distance to Costco, but to shop
at Costco you need a car to carry your stuff. Assuming 1.2 cars
per -- 1.6 cars per family, that's 4,800 cars, and they have to go both
ways, so that's almost 10,000 cars. They'll be using Rattlesnake
Hammock Road from one time to another.
Costco states that they expect 9,000 cars a day entering and
leaving their property. Now, add to this the normal season traffic on
Collier Boulevard, and now add the constant stream of 18-wheelers
needed to stock the mammoth -- mammoth facility and 18-wheelers
delivering gas all day and night. I don't know where they're going to
turn around, but that's something else.
Now, the worst part, there is only one entrance and one exit on
Rattlesnake Hammock Road to the Costco complex plus one entrance
on Collier Boulevard shared with Physicians Regional hospital. This
is the same entrance the hospital uses for patients and doctors and
emergency vehicles. It's a mess.
Now, with all of the traffic -- now, with all of this, the traffic
congestion box was checked "no problem." You know, it's no
problem because they just listen to -- your underlings just listen to
what Costco told them and agreed to it; that's why there's no problem.
We are told it is justified for another gas station in this area.
Now, I don't -- I don't -- I don't understand that.
Yeah, they -- I got a little ahead of myself. We're talking about
a gas station now. We have two, as you know, on the corner right
now, and we'll be adding a third. There are 20 gas stations within a
five-minute radius. Do we need another gas station? I think it's been
October 14, 2025
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demonstrated you don't need another gas station.
Costco said you need another gas station. This gas station is
significantly less than 500 feet from another gas station. We've heard
about that. It's a variance of code, and it's granted. You have the
variance. Why? Because they wanted it. There was no reason.
There are 28 gas stations -- there are 28 pumping stations for
gas, pumping the least expensive gas in the area. They're going to be
pumping a lot of gas, and there will be a lot of 18-wheelers coming.
Considering this, no problem. We need a gas station.
Now, with all these problems -- with all of these problems, they
really can be eliminated if you consider what we talked about, which
was a Costco building a facility on Collier County -- in Collier
County, which we definitely need, and it should be put at the Davis
and Santa Barbara location.
CHAIRMAN SAUNDERS: We're going to need you to wrap
up there.
MR. DIEBLER: It's wrapped up.
CHAIRMAN SAUNDERS: All right. Thank you.
MR. DIEBLER: Your next speaker is William Dunn. He'll be
followed by Kenneth Buffum.
Mr. Dunn has been ceded additional time from Chris Dunn.
Chris, are you here?
MS. DUNN: Chris is speaking on her own.
MR. MILLER: Okay. Well, that was not done correctly.
Okay. Ceded time from Chris Wiendszak.
(Raises hand.)
MR. MILLER: Okay. And Susan Wiendszak.
(Raises hand.)
MR. MILLER: And Ron -- well, no, that's going to the other
one. So he will have a total of nine minutes. One more. There you
go.
October 14, 2025
Page 203
MR. DUNN: Good morning -- or good afternoon now. My
name is William Dunn. I'm a full-time resident in Esplanade at
Hacienda Lakes. I retired as a police commander after 32 years of
service with the Chicago Police Department. Twenty-two of those
years were in supervisory and upper-level management positions.
During that time, I have gained immeasurable knowledge and
experience in safety issues and traffic management. There's not
enough time now to go over the myriad of problems associated with
this project, so I'll try to limit my time to just the market analysis, a
little bit of traffic, and some human safety issues.
You've already heard many, many times about the flawed
market analysis. So --
MR. MILLER: Sir, could you pull that microphone over
towards you a little bit? There you go.
MR. DUNN: I speak pretty loud.
You've already heard about the flawed market analysis many
times over. There's just a couple things in that analysis that needs to
be restated again to get the point across.
Their study states that there's 21 gas stations already within 10
minutes of Collier and Rattlesnake; 21. Costco plans to add another
190,385 gallons of gas a week, which is only available to members of
their warehouse. So if you divide that amount of gas that they see as
going to be needed in the future, divide it up among the 21 existing
gas stations, it shows that there's absolutely positively no need for
another gas station.
The market study says also that there will be no negative impact
on existing businesses. Absolutely not true.
A little touch on environmental stuff. It kind of goes along with
the traffic thing. Costco claims, according to their study, they're
going to sell 9,900,000 gallons of gas a year, almost
10 million gallons of gas. So that's 10 million gallons of gas that
October 14, 2025
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need to be transported in tankers, delivered to the location, need to be
pumped into the ground, and need to be stored under 24 gas pumps.
Now, I know before they showed you that nice little pretty
picture about -- or talked about how they have this state-of-the-art
process with the gas and all that stuff. Oh -- first of all, I'll go back a
minute. On top of all that, they have access for 70 cars to be idling
all at the same time waiting for gas for 10 or 15 minutes.
And now, again, they go back to the -- all these things they
claim they have in place and -- but they meet all the standards and
time -- accidents happen. There was a factory just a couple -- last
week in Tennessee that blew up, killed 30 or 40 people, however
many it was.
A plane crashed on 75 a little while back. Those things weren't
supposed to happen. They had things in place that they probably told
people, oh, no, don't worry about it. This will never happen.
Accidents happen. Catastrophes happen.
So they could tell you all these things are great, but something
could still go wrong.
Now, for the biggest Costco lie, that their gas is cheaper than
everybody else. It's not true every day of the week. For the past
month I've been monitoring gas prices between RaceTrac, 7-Eleven,
and Costco. Each day the prices fluctuate a little bit. Sometimes one
is higher than the other; however, in the past month, the average price
of gas at Costco has been $2.96 while RaceTrac and 7-Eleven have
both been $2.98. It's two-cent difference. If you factor in the private
membership fee you must pay to buy their gas, waiting in line for 10
minutes to fill your car up, while you're burning fuel, Costco gas is
costing you more money.
Several of the other gas stations also have frequent customer
discounts that you don't have to pay for. Costco doesn't have that.
Costco's flawed market analysis states there will be at least
October 14, 2025
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2,300 more households in the area. They claim that these households
will average 1.64 cars per household. In addition to those cars, as it's
been stated many times, Costco originally claimed that there would
be 4,500 cars a day accessing the facility. That's 4,400 cars in -- or
4,500 cars in, 4,500 cars out.
Added that to the already existing 13,000-plus cars that are
already in Esplanade, Azure, Ekos, and Sapphire, all of which will be
jockeying for position on Rattlesnake Hammock. This intersection
was not designed with the intention of handling this enormous
volume of traffic.
Rattlesnake Hammock, east of Collier, is not designed to safely
handle this volume of traffic. Can't be said enough. The traffic study
that was done for Costco did not include any traffic concern on
Rattlesnake Hammock east of Collier. It's invalid.
Rattlesnake Hammock, east of Collier, is a road that allows
access to several residential communities and should not be used for
commercial property access. The major ingress and egress is an
extremely short distance away from the intersection. The traffic
study that was done by Alex Roark Engineering clearly shows that
the proposed design has serious flaws and is not valid.
What I want to do with this little thing here, too -- and I
apologize if it's not as fancy, but I don't --
CHAIRMAN SAUNDERS: You are going to need to use the
microphone if you're speaking, so...
MR. DUNN: This is Collier Boulevard.
Learn something new every day.
This is Collier Boulevard here. This is Rattlesnake. These are
the two going southbound on Collier. There's two turn lanes to turn
onto Rattlesnake. There's also a turn lane, a turn right on lane [sic]
that comes off of Collier when you go northbound. So you're
potentially having three lanes of traffic all going at the same time.
October 14, 2025
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We all know how people drive in Florida. Stopping at -- using turn
signals is optional, and stopping at right turns on red is also optional.
So there are going to be three lanes of traffic, potentially,
merging into two lanes, merging into one lane to access where the
gas is. Nobody is going to keep going down to go to the other access
point that's down here. They're going to see that gas pump. Then
they're going to be, "Ooh, I've got to get there before everyone else
does. I see that there's 10 or 15 cars in line already. I want to get
there as quickly as I can." Ninety percent of the people come in
there, probably more, are going to be going to that access, crossing
three lanes of traffic to go into one.
When they're -- then after they get gas, when they exit, they're
going to come -- they're going to come out, and then they're going to
be eastbound onto Collier -- or I mean Rattlesnake.
Where this proposed light is -- well, what we thought was a
proposed light that now apparently is a done deal, they're going to
have to make a U-turn to go back down Rattlesnake which, again,
creates a whole 'nother traffic jam.
I see -- there's only two questions I've got left to leave you guys
with.
Would you want this in your neighborhood? And if so, please
ask Costco to find you a spot in your neighborhood. We're not
against having Costco. We just don't want it in that spot.
The other question I have is after the first tragedy happens, and
it will, are you able to look yourself in the mirror knowing that you
could have stopped this? Just because something can be done doesn't
mean it has to be done.
CHAIRMAN SAUNDERS: All right. Thank you.
MR. DUNN: Thank you very much. Appreciate it.
MR. MILLER: Your next speaker is Kenneth Buffum. He'll be
followed by Chris Dunn.
October 14, 2025
Page 207
Oh, I'm sorry. He's been ceded three additional minutes from
Michael -- is it Rucks?
(Raises hand.)
MR. MILLER: He'll have a total of six minutes.
MR. BUFFUM: Good afternoon. My name is Kenneth Buffum.
I live at Hacienda Lakes.
So how's the brain fog? Good? Setting in?
I know. I've been sitting out there, and it's foggy. So I'm going
to talk about a few things that hopefully we haven't touched on.
The PUD, their intentions were and marketed by Taylor
Morrison as a mixed-use general public area. People would go walk,
drive, bike ride for shops, a different bunch of shops. In fact, the
group that built the apartments also touted that as a place for their
residents to walk to to be serviced, to have, you know, amenities
there.
But Costco's not open to the public. You have to be a member.
You have to want to join or can afford to join. Some people can't.
They don't offer senior discounts. They don't offer first responder
discounts. They don't offer -- well, they don't offer kind of a
backhanded active military discount. You know, it's, you know, kind
of, "Here, we'll give you $20, but you have to pay the freight," but
that's a one-time deal. So that's kind of a thing. So, again, if you
want to pay the freight, you can shop and buy gas and buy all your
$500 cases of paper towels.
Getting back to -- or getting -- signing [sic] on Rattlesnake
Hammock. The County says it's an arterial road. Well, if you look at
the whole road, it certainly is. There's access points and egress points
all over the place, until you get to Collier Boulevard and east. It's a
dead-end road. You can't get in and you can't get out unless you go
out to Collier Boulevard. There's supposed to be a road proposed,
but that's not until -- I'm going to be 100 when that's built, and I'm not
October 14, 2025
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quite there yet.
Oh. So congestion. That was -- congestion is part of the things
that you need to be looking at. That's part of the plan, and that was
kind of left out by the staff. They didn't talk about congestion was,
you know, part of the ordinance.
Congestion is twofold. How many gas stations do you need on a
corner, and how many cars are going to bring [sic] to that corner?
The cars, the vehicles, as other people have already stated, are way
over the capacity for that road and for that small intersection.
I'm not going to use all my time. A rhetorical question: Can
somebody tell us how that light got approved without anybody in the
neighborhood even knowing about it?
And I thank you, and I appreciate your time.
MR. MILLER: Your next speaker is Chris Dunn. She'll be
followed by Jose Torres. Ms. Dunn's been ceded additional time
from Sharon Pescheret.
(Raises hand.)
MR. MILLER: Oh. Did I say it that badly?
Ron Roshelli.
(Raises hand.)
MR. MILLER: So Chris Dunn will have a total of nine minutes.
MS. DUNN: Good afternoon, everyone. Thank you for letting
us have a chance to speak.
MR. MILLER: On the mic, please, ma'am.
MS. DURKIN: Thanks for letting us have a chance to speak to
all of you.
My name is Chris Dunn, and I live with Bill Dunn in the
Esplanade for about seven years now. Most of us from Azure and
Esplanade homeowners as well as the approximately 3,000 apartment
renters that will be coming moved into this community because of the
options that Rattlesnake Hammock, east from Collier, and Carmen
October 14, 2025
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Road north and south, allow us to do.
I have a few photos here to kind of show you, like, we are
pedestrians that use this roadway. That isn't happening in a lot of
other places. It's just vehicle traffic from your home to the shop,
from the shop to home. So along the way I'm going to show
you -- and you'll see all walks of life from young to old, no
disabilities to a couple disabilities.
Using east of Collier on Rattlesnake allows us to use the
sidewalk safely. We get to go from one place to another. We get to
visit each other in different complexes. We get to take our dogs for
walks, and we also get to use the bike lane that was installed for us.
And we're very appreciative of that, because it gets boring going
around our complex four or five times just to get 10 miles in.
The sidewalks east on Rattlesnake and Carmen allow the
residents and the apartment renters to go to grocery stores. I had a
lady friend that lived in the neighborhood, didn't have a license or a
car, so she walked from her house up Rattlesnake to Collier to cross
to do her shopping, also to use the CAT, the bus system.
So we really appreciate, but we want you to see how many
people -- and this is out of season -- actually use this street. Dog
walkers -- dog walkers, people who need strollers push their children,
people on their bikes carrying their children on the bikes. There we
go. Sorry.
And as you can see, there's people that actually have shopping
bags in their arms because they actually do walk that mile to the local
Publix coming from the apartment complex that doesn't have storage
for big-box bulk items, and they don't have a second fridge or freezer
to put that extra meat that you have to buy from Costco.
This is another picture of how busy the street gets and people
actually crossing it. I'm really not making this up. In season, it gets
even busier.
October 14, 2025
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This other photograph actually shows us bike-riding and then a
couple. That couple waiting to cross the street has to deal with the
people who don't stop when they turn on red going north on Collier,
and that top picture, even one of those people, the mom and the dad,
have a baby in a carrier on the front of that bike. It's a scary
situation. I either walk or bike once a day, and you can't believe how
many people try and make that turn when that signal says that I have
the right-of-way to go.
And then, once I'm about to get to the other side of Collier, the
inside right lane that's going south on Collier can't see me because of
all of the three lanes of traffic, and most of the time I have to do a
dead stop so that I don't get hit or run over by that vehicle.
Too much traffic, is what I'm saying, is already here, and that's
before the big-box store comes in with 4,000-plus people coming
through a day. We want shopping. We eat out all the time. I shop
all the time. We just want it with a controlled environment.
The last thing I want to talk about is kind of dear to me. It's
about safety. I would really urge you to look into the 911 calls, the
dispatches to the emergency building that we have, which is No. 25,
and see how many runs they do a day. I notice anywhere from two to
three times that I'm seeing the ambulance or the fire truck coming out
of their house to service people.
If there's anyone they need to service going west on Rattlesnake
or south on Collier, they actually have to come a long way around,
which takes about a mile and a half to come up Carmen, then to go
west on Rattlesnake, to then finally make the turn left on Collier or to
go straight ahead.
This isn't something that's mentioned, but if you pull those run
sheets, do the FOIA Act, what it might be called here, it would show
you how often and where they have to go.
On one of my next pictures here, it does show the house when
October 14, 2025
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the ambulance -- when the ambulance or the fire truck will go west
on Hacienda Lake Parkway. They can take a right, but that big
rig -- and I was a law enforcement person that did a lot of traffic
where I had to rush ambulances and fire trucks to the hospitals or I
had to do accidents because, as they're trying to make these wide
turns, cars think they can sneak in and don't realize they need the
wide turn, and then we don't have that first responder going to the
emergency situation.
Here's -- there is a picture of the Firehouse 25. And as it goes
westbound to Collier, you can see that they have to actually cross a
pathway where walkers and bicycles can use that path on Collier, as
well as when they get to that intersection, there's no way they can
make that left-hand turn. It wasn't designed for them to go that way.
It does say "emergency vehicles," but if you look at the next picture,
there's a big semi rig blocking that little pickup truck to even turn
right. Now imagine this big-rig fire truck or ambulance trying to
make a left turn. They have to get permission from three lanes of
traffic going northbound to let them through, and then they have to
make that wide turn to go southbound.
From my experience, it doesn't happen. And if it does, it's not
easy. Those two or three extra minutes that it takes our EMS to get
around the neighborhood to get to that emergency call, it could mean
someone's life. It could mean a stroke that can't be fixed or a heart
attack.
So it's really important that you realize that putting this Costco
in makes a lot of traffic problems and doesn't allow those of us who
use the outside sidewalks and bike paths on Rattlesnake Hammock
Road, east of Collier, safety.
I will have to cross -- cross across the driveway two times of
Costco as well as the apartment complex while trying to get home or
circle around that complex area. Not an easy feat. Cars do not
October 14, 2025
Page 212
always stop for human beings, and if I just happen to drop that water
bottle or that kid slides off that parent's bike and they stop because
they're preparing, that car that's in a hurry, that truck that has to make
a delivery, it's an accident waiting to happen. And it could be a
catastrophic one.
Thank you for listening to me.
MR. MILLER: Your next speaker is Jose Torres. He'll be
followed by Lynn Bowman.
CHAIRMAN SAUNDERS: Mr. Miller, how are we doing on
the speakers?
MR. MILLER: Mr. Chair, I was trying to surprise you. Lynn
Bowman is the last speaker we have registered. She has two
additional speakers ceding time to her, for nine minutes.
MR. TORRES: Good afternoon, gentlemen. My name is Jose
Torres, and I'm a Costco member.
I don't come here with any specifics. I'm not studious. I'm
not -- I don't have any graphics or anything like that. I'm just a
concerned neighbor.
I'm a retired airline pilot. I'm a retired -- not retired, but I'm a
former military officer. I was a medevac helicopter pilot twice
combat -- twice in combat.
And my concern, as that of many others, is safety, but let me
start by saying that this is not -- this group is not a group that moved
into the neighborhood that had an airport and then is complaining
about the airplane noise.
We were there first, and now they want to build something that
is not going for benefit all of us because, unless you're a member,
you're not going to benefit from it.
So I mentioned -- I wrote letters to all of you. Some of you were
able to answer me. One of you answered me when I mentioned this
other plot of land, that you are not in the business of real estate.
October 14, 2025
Page 213
Understood. Point taken.
Then that same person told me that the petitioner, as long as he
is -- meets the letter of the law, he's entitled. If they're asking for a
waiver, which, by definition, is an exception, they don't meet the
letter of the law.
I brought the possibility of improbable scenarios like, for
example, somebody having a medical issue hitting a pump, creating
an explosion before we knew anything about this new traffic light.
Somebody hitting a fueling truck, causing a problem. How are first
responders going to act? If it's too close to the hospital, how are you
going to evacuate that hospital? I flew medevacs in combat. I'm not
going to go there with a fire right next to -- and a single helipad.
There's no way. How many ambulances are you going to need to
evacuate that hospital?
When I mentioned that, the gentleman from Costco said
something about I should know more about redundancy training and
et cetera. I know about redundancy, and I know about emergency
equipment, et cetera, et cetera. What I'm going to say is that
redundancy and training is used to minimize the consequences of the
improbable happening. It does not prevent the improbable from
happening. The only way to make it impossible is not letting Costco
establish themselves there.
CHAIRMAN SAUNDERS: Okay. Thank you.
MR. MILLER: Mr. Chair, your final speaker on this agenda
item is Lynn Bowman. She's been ceded three additional minutes
from Mary Gould. Mary, are you --
(Raises hand.)
MR. MILLER: Oh, I see the hand.
And Elizabeth -- is this McGuire? McGrew?
MS. McGUIRE: McGuire.
MR. MILLER: She'll have a total of nine minutes.
October 14, 2025
Page 214
MS. BOWMAN: Well, last but not least.
Anyway, my name is Lynn Bowman, and I'm a permanent
resident of Naples, Florida. I reside at 8182 Luccello Terrace South
in Esplanade of Hacienda Lakes. I am a retired 42-year
care -- healthcare professional that worked in a hospital in the
Minneapolis/St. Paul metropolitan area.
I want to point out that currently and for years I have an
executive membership of Costco. I love Costco; however, I'm here to
dispute the location of a new Costco at this corner of Collier
Boulevard and Rattlesnake Hammock intersection. This plot of land
is not a good fit for a big-box warehouse with 24 more pump gas
stations [sic].
I respect the four criteria points that the planning and zoning
committee used to grant a 500-foot waiver to include another gas
station into our specific corner. It's really a micro snapshot of the
Collier Boulevard/Rattlesnake intersection and how this would affect
only those that are adjacent to or share a common property line, such
as the Ekos apartments to the east. However, I am here to dispute
two of those four criteria. One, the barrier between gas stations, and
No. 2, whether granting of the waiver will have adverse impact on
adjacent land uses, mainly residential.
I realize that this may be a moot point since the planning
commissioners passed this waiver at the September 18th meeting, but
please bear with me as I state my objection.
The Collier County Land Development Code requires 500-foot
separation between the new gas stations for a reason; to reduce
traffic, environmental risks, and negative community impacts.
Collier County requires a 500-foot separation between gas stations
primarily for public safety.
We do not need another gas station with 24 pumps stations on
the corner of Collier/Rattlesnake. We already have, on two diagonal
October 14, 2025
Page 215
corners, a RaceTrac with 16 pumps and a 7-Eleven also with 16
pumps, which you have heard many times. That's a total of 32 gas
pumps just on our busy intersection with 21 more gas stations within
a 10-minute drive.
Costco may argue that it's members-only gas station, but this is a
big-box warehouse with 24 more gas pumps that will bring excessive
amounts of traffic for its cheaper gas rates. Costco already claims
that 4,500 vehicles daily will come to their store alone. What
happens when we add to that the people from the 2,700 units of
apartments that are already built and starting to lease, the 800-plus
residential single-family homes of Esplanade Hacienda Lakes, which
I'm a member of, and Azure, the memory-care facility, the fire
department and the EMTs, and the proposed elementary school with
all of the buses and parents picking up their children, not to mention
high-season traffic? It will be a traffic nightmare.
This leads to my dispute of the second criteria, number two,
whether granting of a waiver will have adverse impact on adjacent
land uses, especially residential.
I realize that the word "adjacent" is used, but what we really
need to do is address the major elephant in the room which is the
incomplete infrastructure. What do I mean by "infrastructure"? The
roadway system.
We have a Class 3 arterial divided four-lane road, Rattlesnake
Hammock, which becomes a dead-end at that entrance to the
community of Azure. Currently, we do not have a north/south major
arterial road that we can have to get out and into our community.
This road is going to eventually be known as Benfield Road.
This subject, the infrastructure of the roadways, was briefly
mentioned in the July and September meeting minutes first by Jaime
Cook, the director of Development Review of Collier County
Government. In the July minutes she stated, "This is the proposed
October 14, 2025
Page 216
Costco," pointing to a map. "And I'm so sorry for the people who
live in Hacienda," meaning the Esplanade, Hacienda Lake, and Azure
residents.
The road ends where Azure's entrance is. What Transportation's
proposal is is a proposed road, Benfield, that will extend north from
here, but there will be nothing further to the east.
Also, Commissioner Schumacher, on September 18th meeting
minutes, quoted, "I think that it's going to be a detriment to the
neighboring properties with the amount of traffic that's coming in
without the extra arterial road connection to Rattlesnake Hammock to
take the pressure off of that." Basically, east and west entrance into
the property.
I went a bit farther and spoke with Lorraine Lantz, who is a
lawyer in Naples and the manager of Transportation Planning for
Collier County, concerning the completion date of this Benfield
Road. This particular road would be our north/south arterial road that
would go through Azure and Esplanade at Hacienda Lakes. She
stated that it isn't listed in her long-range plans which go to the year
2045. That's 20 years from now. Financial funding isn't there.
In conclusion, an incomplete roadway infrastructure negatively
affects communities by causing safety risks and economic
disadvantages such as increased accidents. Longer travel times can
hinder emergency vehicles from reaching their destinations quickly,
delaying crucial response times. An incomplete road with only one
major road in and out, and that's ours, Rattlesnake, it severely
impacts residents during an accident or catastrophic event leading to
a crippling gridlock that traps residents, like me. It impends [sic]
emergency services getting in and out and isolates the community.
The single point of failure creates a dangerous bottleneck where
accidents or natural disasters can have cascading consequences for
safety, evacuation, and delivery of vital resources.
October 14, 2025
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The lack of alternative routes such as a north/south arterial road
cuts off our community's lifeline. The north/south or future arterial
road, Benfield, that would complete our infrastructure has no
financial funding for the foreseeable future; in fact, through 2045.
So the golden question is, what are you going to do about this?
The addition of a Costco to our intersection will lead [sic] a
nightmare with the excessive traffic it will bring. In a majority of
sites chosen for a Costco to be built, it has built in a commercial area
that has two major completed arterial roads that can have -- they can
use to enter and exit. Usually it's in a business district along with
other businesses such as a Lowe's, Staples, and Best Buy, to name a
few. It's in a business district. It isn't built in the middle of a
residential area and adjacent to the hospital.
At its North Naples location, people can enter Naples Boulevard
directly from Airport-Pulling or Pine Ridge. May I add that Naples
Boulevard is a four-lane north/south divided roadway.
Mr. Wester, who represents Costco, said in his September 18th
meeting minutes that there are examples of Costcos that sit adjacent
to residential neighborhoods in Coral Springs, Estero, and two in Fort
Myers. That may be true, but studying the maps around each of those
Costco stores, each of the neighborhoods have completed
infrastructures, meaning they have a main road that goes north and
south and east and west. Again, this doesn't hold true for our
community.
As long as we are talking about roadway infrastructure, let's
mention the easement that Costco acquired from Physicians Regional
which is already documented and entered into the court system, the
hospital loop road which goes around the hospital. Customers will
enter Costco at the hospital stoplight, loop around the hospital, and
enter Costco at the south end of its property. This definitely
was -- this definitely was a very clever way of Costco getting in and
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out of another major arterial road, Collier Boulevard.
But will this easement really last? In my opinion, no. Why? In
the September 18th minutes, Cunningham said, "It will be more
attractive for people who are coming from the south corridor and the
traffic projected to that." The statement refers that 25 percent of the
people that go from Costco traffic of 4,500 people is estimated at
1,125 vehicles that will daily use that east --
CHAIRMAN SAUNDERS: We're going to need you to wrap
up.
MS. BOWMAN: Okay -- loop road.
So what -- I guess what I'm trying to say -- and I can't finish
it -- is that since an easement was established and recorded with
Physicians Regional, it also can be broken, because if -- there's going
to be a lot of liability suits.
CHAIRMAN SAUNDERS: Yes, ma'am. We're going
to -- your time is up.
MS. BOWMAN: Okay. All I'd like to --
CHAIRMAN SAUNDERS: Excuse me. Your time is up.
Mr. Miller, do we have any other speakers?
MR. MILLER: No, we do not, sir, and as unpopular as it might
be, it's time for a court reporter break.
CHAIRMAN SAUNDERS: Yeah, understood. We're going to
take a break in just a minute.
Mr. Wester, if I'm saying that correctly, you'll have an
opportunity to spend a few minutes rebutting the public comment. I
would suggest, I guess, we should take a court reporter break now.
We'll come back, have that, and then we'll have the discussion
amongst the Commission.
COMMISSIONER HALL: Come back when?
CHAIRMAN SAUNDERS: So come back at 5 o'clock. Would
that be --
October 14, 2025
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COMMISSIONER McDANIEL: What time?
CHAIRMAN SAUNDERS: -- too long? All right. We'll go
back at -- we're going to be back at five minutes to 5.
(A recess was had from 4:43 p.m. to 4:55 p.m.)
CHAIRMAN SAUNDERS: Please --
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN SAUNDERS: If you will take your seats. Pardon
me. We're starting the meeting, if you'll quiet down. Thank you.
Mr. Wester. Am I saying that right -- is it Mr. Wester?
MR. WESTER: Yes, correct. Yes.
CHAIRMAN SAUNDERS: You have an opportunity now to
rebut public comment.
MR. WESTER: Okay. Should I wait for the other
commissioners to join us or go ahead?
COMMISSIONER McDANIEL: Well, we can get more done
with just three of us.
CHAIRMAN SAUNDERS: That's true.
COMMISSIONER McDANIEL: Till it comes to the four vote.
COMMISSIONER KOWAL: Yeah, the four vote might be an
issue.
COMMISSIONER McDANIEL: That four-vote thing might be
an issue.
CHAIRMAN SAUNDERS: I think we still have two other
commissioners in the building.
COMMISSIONER KOWAL: I hope they didn't leave.
COMMISSIONER McDANIEL: It was unclear on the restart
time.
CHAIRMAN SAUNDERS: Oh, was it?
COMMISSIONER McDANIEL: Yeah, it was. There was a lot
of commotion going on when you called it.
COMMISSIONER KOWAL: Well, three was a quorum. There
October 14, 2025
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are speakers, if anyone wants to know. So anything we say up here,
we hear it in the hallway, we hear it in the bathroom.
COMMISSIONER HALL: I can hear you.
COMMISSIONER McDANIEL: We've got them in our office.
We've got them in the bathroom.
COMMISSIONER HALL: I was saying, "I'm right here."
COMMISSIONER McDANIEL: We're listening all the time.
MR. WESTER: All right. Great. Brad Wester, Driver,
McAfee.
I wanted to kind of go over a few points here. I'm not going to
rebut everything that was said -- we might be here for another
hour -- but what I will do is hit on a couple of key points, and then I'd
also like to bring up my licensed traffic engineer to describe a couple
of things specifically, and I've got a small PowerPoint to go along
with that.
Could we -- is there a way -- can I get this on the screen, please?
Thank you.
MR. MILLER: Sure.
MR. WESTER: Thank you.
Okay. To dovetail on what Mr. Bosi was describing about the
contemplated uses in the PUD -- and we talk about compatibility.
We talk about adjacency. We talk about the mixture of uses. This
PUD, and on the screen shown here, is the list of permissible uses in
the PUD as it sits. It should be noted that this was most recently
revised in 2022, and nowhere in there was gas facilities struck from
this -- the list of uses, department stores, whatever we want to call
any of these listed uses that pertain to Costco specifically.
Notices were sent out and the like. But this is the list we're
dealing with today. This is one of the reasons that Costco's here. But
in those permissible uses, you look at Item A, principal uses, in there,
the first three are residential. So this commercial tract contemplates
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residential as a bona fide integrated use into commercial, okay. So
that -- the crux of the adjacency rule is really inherent to the
integrated residential and commercial uses, not only on this property,
but in the MPUD in total.
We are not shoehorning this facility. And as described under
testimony, we are under 50 percent of the adopted and approved
commercial square footages.
We talked about safety and rush to judgment and questioning the
gas pumps and explosions. A lot of that is speculative. I stand by my
substantial competent evidence as presented regarding Costco's gas
operations and their compliance and their environmental standards.
Again, if gas was determined to be an unacceptable use, it would
have been contemplated for reducing that type of use or limiting the
amount of gas pumps at any one specific use.
There was a discussion about hospital access, the TIS, and then,
of course, rush to judgment. We've been at this with these two
matters for almost a year. If you include the pre-applications and
early meetings and initial vetting with county staff, it's over a year.
So to claim that this is a rush to judgment is erroneous.
As you guys know, we did the NIM. We also were asked to be a
part of the Planning Commission meetings as opposed to the HEX.
We had two of those, and then we're here at the Board of County
Commissioners' meetings. It's my understanding the Board of
County Commissioners does not see a lot of PDIs. They don't see a
lot of ASWs.
So this has not been rushed. This has been thoroughly vetted.
And as you see through the Planning department's recommendation
of approval in their reports, in all of our substantial competent expert
testimony, this has not been rushed to judgment.
There's been an attack on procedural steps. I've been called a
liar. I've been called sidestepping the rules and applying
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misinformation. My entire world is based on facts, expert testimony
that's substantial and competent, okay. I have adhered to all the rules
as far as all the notifications. In fact, there was a discussion from the
County about the last notifications that went out for this here
meeting, and I explicitly said, "We need to send those out," because
this was already advertised, it was publicly noticed, it was described
in the Planning Commission meeting, and so that was -- went above
and beyond.
The signage, I was out there personally to watch the install and
comply. We sent pictures. I sent a signed and notarized affidavit to
staff, and they accepted it based on the signage. So to claim it should
be anywhere else -- it is actually adhering to the code -- is erroneous.
Rattlesnake Hammock, as we described, is built to accommodate
the adopted square footage of the commercial and the overall
dwelling unit count, and that includes the Costco use, okay. Land
Development Code, we already addressed the criteria. There was one
other person that described a lot of the criteria in the Land
Development Code. That is what we're bound to. We're not bound to
opinion or conjecture or clamoring. We're bound to specific criteria
on whether the waiver has merits.
And there was also folks trying to poke holes in the market
study. There was a market study provided by an outside third party,
and we stand by that competent evidence as submitted.
The critical care concern for the hospital and the hours of
operation, we talked about the number of gas, warehouse
convenience. To claim that this is an oversized convenience store is
just factually -- it's erroneous. And so to like this to the conventional
convenience store with the gas across the street at 7-Eleven is
inaccurate.
There's an entire page of rebuttal that I will not get into because
it was mostly just personal attacks.
October 14, 2025
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Trucks, delivery trucks, refueling trucks will not use the loop
road in the hospital. They will specifically use Rattlesnake
Hammock and utilize the infrastructure that is built for them. Those
vendors know how to -- those vendors know how to supply Costco
both from deliveries at the warehouse and fueling on the basis that's
needed to keep the tanks full.
Costco is a -- it's a 40-acre site, generally speaking, for this
activity center for all the commercial. Costco's only using 25 of that.
And this site specifically is about 21 acres. So there's leftover
property for an outparcel development for more commercial use, and
then there's about 10 acres to the east of here that is also already
zoned and entitled for commercial and office and professional uses.
So to claim that this is the only thing going up that's retail and -- is
inaccurate.
I showed you the spreadsheet from the county staff itself
describing the amount of uses that are currently built, the ones that
are allocated, and then the remaining development rights. And it's
been stated we're under 50 percent of the current allocation for retail
commercial uses, and then there are a number of -- tens of thousands
of commercial and office and professional uses allowed. And there's
more residential that is apparently going to be coming online,
because that is the number of allocated uses that's still out there.
I wanted to talk about stormwater. Just like the 19 waivers that
already exist in the Hacienda Lakes PUD, we're asking for six
additional that are deemed insubstantial. They don't ask for any
deviations or waivers for increases in floor area ratio, square
footages, anything of that like, which would trigger a different set of
review for any kind of major modifications or a full-blown rezoning
to the PUD. This is not a zoning. It's an insubstantial change based
on certain specific standards.
The Costco does have a number of uses inside, so it is not just
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one type of use. It is multiple uses with different business lines
inside the store itself.
There was a chemical engineer gentleman that came up and did
a presentation all about drainage and flooding and stormwater and the
like. We are not asking for any waivers or deviations to anything
related to FAR or ISR, which is impervious surface ratios, or lot
coverage that would trip anything that's required to have a waiver or
deviation for stormwater.
The stormwater's already master planned in Hacienda Lakes in
the PUD. This request -- and we are in the permitting process right
now, and this request complies with all local district -- and that's the
Water Management District -- and state regulations for stormwater.
To claim it’s exploiting is erroneous.
The MPUD is master planned and permitted for stormwater, as I
mentioned. The ERP, which is environmental resource permitting,
has been modified six times, six times, all by the residential
communities, to date. It was originally permitted in January 30th of
2012. Those six modifications were done by all of the residential
communities.
We are also modifying that because it is a requirement as part of
your incremental development plan per phasing to modify. It's not a
brand-new permit. It's a modification to the existing permit to
account for the capacities and the treatment volumes in stormwater,
and we're doing just that.
And we just received our comments from the District, and none
of those comments relate to anything that is -- that would be
erroneous or on the basis that we are tripping any kind of thresholds
to cause flooding.
There's discussion about a variance for additional tanks. That's
actually erroneous. There's no variance for additional tanks. There's
no limitation on the number of fueling positions in the PUD. The
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waiver is for a lot-to-lot distance criteria from roughly a one- to
two-acre site at 7-Eleven to a 25-acre site at the Costco subject
property.
There was discussion of excessive traffic. The traffic is not
excessive. The traffic is under --
CHAIRMAN SAUNDERS: If you'd please quiet down, we'll
get through this.
MR. WESTER: Thank you.
The traffic is underneath the threshold, as testified, and I'm
going to have my traffic engineer come up and describe that and
more.
Talked about -- talked about Costco lies, talked about gas prices.
Gas prices are not part of the criteria for review. So anybody can
create any kind of spin on gas prices that they want based on
membership fees and aggregation of other things and sitting in
queuing lanes.
This was description of 90 percent of the traffic will be coming
onto the site and use the westernmost entrance to the gas pod. That's
inaccurate. There was a description that we're, quote, "In your
neighborhood. Would you want this in your neighborhood?" This is
a master planned mixed-use PUD. We are not in the backyards of the
residences.
Mr. Torres, thank you for your service, but he also claimed that
the residents were there first. I refute that point because commercial
was always planned for this site in an activity center that was adopted
as part of the Growth Management Plan in 1989, okay. Then in
2011, the MPUD came for Hacienda Lakes. It's a fact, rooftops come
first, then commercial, when things are actually getting built in the
real-world environment. You don't put commercial there first. The
commercial comes to support the residential neighborhoods and
communities. That's a fact. It's irrefutable.
October 14, 2025
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There is barriers between gas stations. Yes, there is. That's
actually one of the criterias in the code for a waiver justification. It's
a four-lane divided arterial with landscaping in the median and in the
right-of-way and in addition to the landscaping that we're putting on
our property as well.
The DRI and the MPUD has very specific adopted thresholds for
intensities and densities, and talk about incomplete infrastructure is
erroneous. That infrastructure was built specifically based on phased
approach for allocated development rights and uses, and that has met
that criteria.
What I'd like to do is read something into the record. This has
already been sent to the County regarding the hospital. There's been
a lot of conjecture, a lot of folks speaking for the hospital itself in
talking about access and speculative things about injuring and killing
people because the Costco's going to go here.
"I understand there may be opinions on the impact of the Costco
development next to the Physicians Regional, and we certainly hold
the safety and convenience of our patients to the highest regard, but
not everyone may be aware of the previous easement agreement and
the attention and care we put into modifying that easement to protect
the hospital's interests while also allowing for the development that
would benefit the overall area."
"Speaking on behalf of CHS" -- which is the owner of the
hospital; they own 70 hospitals in 14 states including this one,
Physicians Regional. "Speaking on behalf of the CHS and after
speaking with hospital leadership, we believe the easement is
acceptable and certainly relative to what was there before and other
potential developments on that site, and we are not opposed to the
planned Costco development. Please let us know if you receive any
concerns or questions regarding the impact of the easement." This is
from the vice president of real estate at Community Health Systems,
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and this is also entered into the record.
That access -- that joint-use access agreement was already
existing. It was modified to accommodate this specific use and to the
benefit of both parties, Hacienda Lakes, LLC, and its assigns and
successors and the hospital itself, and that is recorded in the public
records.
What I'd like to do is call Mr. Ryan Cunningham.
Please state your designation. He's a professional engineer and a
registered safety professional, and I'd like to go through his
presentation. If you give me a second, I want to queue that up.
MR. CUNNINGHAM: Good afternoon. My name is Ryan
Cunningham. I'm a licensed professional engineer in the state of
Florida and also certified road safety professional. I work with
Kittleson & Associates, 225 East Robinson Street, Orlando, Florida
32801, and I'm the traffic consultant for Costco on this project.
So I wanted to mention a couple of the things that were brought
by Mr. Richardson first on the gas market study. He quoted a figure,
the first highlight here. According to Costco TIS, a station with 24
fueling stations can accommodate a minimum of 400 cars per hour.
That's based on Costco's unique service capacity and the way that
they design their service stations. And so we've seen that in Costco's
fuel stations around the country, and it was mentioned in the TIS to
give an indication of, you know, what service capacity would look
like, what queuing might look like on this site. It's not a minimum.
It should be considered a maximum service capacity for Costco.
The next point was that RaceTrac and 7-Eleven combined can
accommodate 533 cars per hour assuming the same service capacity
as Costco, and that just simply wouldn't happen. RaceTrac and
7-Eleven are not designed the same way to achieve that level of
service as Costco does.
Three things that I'll mention on that, one is the one-way
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operation that Costco instills in its gas stations. You don't have that
at RaceTrac or 7-Eleven; pump spacing, which allows three deep or
four deep fueling for vehicles without having to wait for other
vehicles to leave; and then no parking at the pump while you shop in
the store. So this happens regularly at gas stations with convenience
stores. It does not happen at Costco.
So the next statement was that 16 hours per day times 533 cars,
you know, equals some large number that could accommodate the
future demand. Costco doesn't operate at full capacity all day long,
you know, during its operating hours, and neither do RaceTrac or
7-Eleven. You can't expect the demand to just be consistent every
hour of the day so that that service capacity hits that demand. We
know that demand ebbs and flows. And so that's not a logical way to
look at the total capacity of a gas station.
So the logic here is flawed, and as a result, the conclusions after
that that, you know, the market study is flawed, and existing supply
could fulfill the future demand is incorrect.
There was some mention of the 1409 threshold, and Brad
mentioned this earlier. But, you know, this was related to
Commitment 1 improvements, which basically was extending
Rattlesnake Hammock Road from Collier Boulevard to the power
line easement. And then after that got extended further down to
where Azure is today, the full rights of the PUD are now in place. So
the 1,409 p.m. peak-hour trip threshold was like a Phase 1 threshold.
It's no longer relevant to what the PUD can actually develop.
And I just want to mention on this slide where the addition of
Costco plus retail plus the existing or committed residences exceeds
1409, you wouldn't actually include the retail in this because we're
not proposing to build it in this phase. And in the traffic study that
we're doing for the County as part of the Site Development Plan,
specifically for concurrency, they want to see just Costco-only
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numbers. For intersection operations, for access operations, they
want the retail portion included so if and when this comes along later,
the access that's been built for the site can accommodate that
maximum development scenario.
One other thing I'll mention is related to the hospital access.
Brad spent some time on this already, but there was some indication
that, you know, this would back up and cause issues for emergency
access specifically. We have a 0.42-mile route, this ring road that
goes from the signal at Collier Boulevard up to the south side of the
Costco property. There's nothing at this entrance that's actually
causing vehicles to back up from the Costco property into this ring
road.
So at 0.42 miles long, we don't anticipate traffic stacking up for
almost half a mile along that ring road through the hospital property
and back to the traffic signal on Collier Boulevard. There's nothing
that would make that happen.
Once you get on the hospital property, you can see that the ER
route or the route to the ER is completely separated from the Costco
route.
What you have with the red lines are how you would get in from
the north side or how you would get from the south side. And these
are actually pavement markings, you know, on the lanes on Costco
property, and those are two separate lanes. So that red one down here
at the bottom and the blue one down here at the bottom are two
separate lanes. So traffic turning right at this intersection and going
to Costco is going to immediately be out of the way of anybody that
would be going to the ER at this location.
A couple other things I just wanted to hit on in rebuttal were
related to some of the comments brought up. So No. 1, the TIS, the
Traffic Impact Study that we're conducting is part of the SDP
application. It's not part of what you're hearing today. But
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obviously, it's informative to bring that traffic information to this
hearing.
As Brad mentioned, we are under the PUD cap. So the PUD cap
is 3,328 p.m. peak-hour trips for the PUD. When you include traffic
from Costco on top of the existing or committed land uses within the
PUD, it's 1,992. So we're less than 60 percent of the cap for the PUD
today.
Another statement was made that the segment of Rattlesnake
Hammock east of Collier's not built for this traffic. Well, the PUD
study that was done put a four-lane divided arterial in there to handle
this amount of traffic. So again, being under 60 percent of that cap,
we were well under the capacity of a segment. When we have Costco
in place -- and I think Brad mentioned this in his slides earlier -- at
the buildout condition, Rattlesnake Hammock Road will be at
37 percent of its capacity with Costco in place. So plenty of capacity
on this segment of Rattlesnake Hammock Road, a four-lane divided
arterial Class 3.
One other statement -- or a few statements related to just safety
at the intersection. That's one of the reasons we wanted a traffic
signal here, to make it a safe and efficient operation for vehicles
coming through this area, going in and out of this property as well.
And the approval that we received from the County on this stated,
"The traffic signal deviation provides a greater public benefit and
maintains or improves safety and operational performance for
pedestrians, cyclists, and vehicles."
And when we design and build this traffic signal, we will
include all the features for pedestrians and bicyclists that are
necessary to safely accommodate them at the intersection, including
sidewalks, bike lanes, crosswalks, pedestrian signals. We'll also
include Opticom, which will allow for emergency services to be
detected on the way through and give them the green light as they're
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needed to come through the intersection.
So with that, I'd be glad to take any questions.
CHAIRMAN SAUNDERS: All right. Mr. Wester, anything
else before we go to the --
MR. WESTER: Yep, Brad Wester, Driver, Mc- --
In the interest of time, I'll turn it back to you for any questions
and answers. I do have other representatives here if you have any
questions that I can't answer directly.
CHAIRMAN SAUNDERS: All right. We'll officially close the
public hearing. Mr. -- Commissioner LoCastro, you're lit up first.
COMMISSIONER LoCASTRO: Sir, I'm going to ask you to
come back to the podium. I'm going to ask you my first series of
questions, and maybe my colleagues also have some.
I'm glad you said something about rush to judgment, because I
will tell you it was on my motion that we're sitting here, so my
colleagues probably want to strangle me because, you know, when
you said we probably don't hear a lot of these, we don't hear any of
these. So this would all go to the HEX.
And I think just the general public, in general, maybe is
confused as to what we're approving here today and what we're not
approving, but we're going to get into that in a minute. But I'm going
to ask you a couple quick questions. But it was on my motion that
had this go through such a thorough process, and it was the thousands
of emails I answered to all these citizens, whether they liked my
answers or not, sometimes I underlined stuff for -- to make a point
when it's not being understood or agreed with.
But having said that, it was said that all the people that
are -- that are supportive of Costco, where are they? So I want to
know from you, how many gas stations did you hear from that
opposed Costco and said that, you know, you're going to take all their
business? And, you know, I noticed none of them were here, but how
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many letters did you get from 7-Eleven, RaceTrac, Wawa, Shell, any
of the gas stations that are within a couple-mile radius or even a
one-mile radius?
MR. WESTER: Zero.
COMMISSIONER LoCASTRO: Okay. Three ingress -- egress
and ingress points, are you -- you know, there was some confusion
where a citizen or two said, "Oh, we don't know if they're going to
abide by that" or -- can you just give a little bit more detail in where
the -- I don't know what picture might show it the best, but I don't
want anybody to leave here thinking you agreed to three but then it's
going to be two and you're going to make some changes and that sort
of thing.
MR. WESTER: Yes, sir. I will put a diagram up. And I'll start
with the approved PUD, which shows and contemplates up to five
different access points, including interconnectivity between the
adjacent commercial.
So the original DRI and PUD contemplated numerous
interconnectivity and access points to all the various roadways. Our
access points are going to be three. There were some that
erroneously described that there was one access point under
Rattlesnake Hammock, but that's actually not true. There's going to
be three -- there's two on Rattlesnake Hammock and one to the
hospital property. And as described and shown in the record, the
hospital agrees with that, and they actually are part of that vetting
process for that access easement. That access easement is actually an
easement that it can be utilized from Rattlesnake Hammock all the
way through the loop road.
And keep in mind, that loop road is not going to be built just for
Costco. It's already existing. It's already serving other elements in
that -- in that hospital community, other buildings, other uses. And
so we've got two, as shown on this diagram. This is a colored,
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rendered version of our PUD plan or our Site Development Plan,
which is being reviewed right now.
So we don't anticipate adding any other access points for the
Costco use. The gas use, you see it. We've got a -- as shown on here,
we have one traffic light location, which is the furthest to the east,
and then we've got the one right-in, right-out, which is the furthest to
the west, and then the one access point which is per the modified
access agreement with the hospital. So three total at this point.
COMMISSIONER LoCASTRO: Okay. Why do you think the
hospital is so supportive; because you're going to feed their
emergency room, and you're going to send more business to the
hospital? And I say that a little bit sarcastically because I'm going to
tell you what I know the answer to be, because I was the COO of that
hospital. But you tell me why you think the hospital is so supportive
of Costco.
MR. WESTER: Well, I believe Costco is -- runs a first-rate use
in terms of their operations and their function, the cleanliness of the
facility. They aren't 24/7. And by way of having access through the
property, it actually gives the hospital access to the hospital itself. So
it's -- you can see it, and it's basically another route to the hospital
itself.
But the Costco has always been a good neighbor in communities
that they reside, and that's a fact. From the cleanliness of the interior
of the store to the way they keep the outside in the cart corrals, it's a
first-rate organization. They have a very high standard.
And I -- I'll close with this is not a -- these aren't requests about
use or permissibility by right. The gas facility and the warehouse
store are allowed by right. It's an orientation thing.
And you can -- we talked about the FP&L easement and also the
other elements of this property. Costco knows how to design and lay
out from the type of circulation and safety that's best suited for their
October 14, 2025
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members and the community.
And so I would like to hear more about the thoughts on the
hospital itself, but clearly, interconnectivity and access from various
other routes benefits the hospital, in my opinion, and also their
employees can utilize Costco as needed before or after their shifts.
COMMISSIONER LoCASTRO: Okay. That's the answer that
you think. I'm going to tell you what the hospital's real answer is
after I ask this other question.
MR. WESTER: Yes, sir.
COMMISSIONER LoCASTRO: So if we approve this right
now, do bulldozers show up tomorrow and you start building
immediately, or is there something called a Site Development Plan
that you're currently working on? Because we're not approving, yes
or no, you start construction tomorrow, correct?
MR. WESTER: That's correct.
COMMISSIONER LoCASTRO: So why don't you educate the
masses and walk us through. And I'm going to have county staff
come up here as well, because it was sort of glossed over where
everybody thinks we're -- we're approving your construction
equipment to come tomorrow.
So give us an overview. We already know the answer, but for
the record, if it was approved now, the steps you still have to go
through before the lawsuit, if it was approved, especially with the
Site Development Plan. What's entailed with that?
MR. WESTER: Well, we are running a parallel course with our
site development permitting right now and -- so that includes the
Water Management District, the stormwater ERP permitting.
Wetlands are already permitted and mitigated. But we are -- we still
have comments with the County. And so I would say that it's at least
45 to 60 days to wrap up all of those comments with the County to
kind of finalize the SDP and then, of course, get the Water
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Management District approval for the latest revision or modification
to that stormwater ERP.
I would -- I would believe it would be -- for a lot of the uses, the
first thing that has to be approved is the erosion control plan and the
sediment -- the MPDS controls, silt fencing and the like and then
clearing. So there's different stages for development. But I would
say, at the earliest, it would be -- it could be later this year or the first
of quarter one of 2026.
COMMISSIONER LoCASTRO: But that's if you met all those
requirements.
MR. WESTER: That's correct.
COMMISSIONER LoCASTRO: We're not here to decide
stormwater and erosion and all those things.
MR. WESTER: This is not a permit to construct.
COMMISSIONER LoCASTRO: And I only bring that up
because I know how hard Jaime Cook -- and I'm going to bring her
up here at some point. I know how hard her and her team has
worked. So I will say the scientist that came up here and talked
about, you know, water and all of that, great, great presentation. Like
somebody said, maybe one of the smartest guys in the room. But the
reality is, we haven't ignored any of that. You haven't even had a
chance to address any of that.
And my guess would be that when you hear from the Southwest
Florida Water Management District, which you already have heard
from them, and you know what the requirements are, you wouldn't be
standing here if you didn't think you could meet water runoff
requirements; is that a fair statement?
MR. WESTER: That's an accurate statement.
COMMISSIONER LoCASTRO: Okay.
MR. WESTER: One of the reasons Costco chose this site is
because it's master planned. It not only has its development rights
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and entitlements, but it's already master planned for stormwater.
We're doing an incremental adjustment or modification just like the
six other times that all the residential communities did for their
phases, and we're going through that process right now.
COMMISSIONER LoCASTRO: So lastly, I'll just say --
MR. WESTER: So we still need shovel-ready permits.
COMMISSIONER LoCASTRO: -- the reason why you got that
letter from CHS is because the hospital and the company that owns
them and owns 70 other hospitals knows that if Costco walks away
tomorrow, that a Super Target could go in that same footprint except
it would be twice the size, and it wouldn't be members only. It would
be open to every single person. And that may sound great, but then --
MR. SPOKOJNY: It wouldn't have a gas station.
COMMISSIONER LoCASTRO: -- but then I have a feeling all
the traffic numbers and the congestion and the cars and
everything -- so just having known how that hospital sort of thinks, I
think they know the -- you know, when people say that's the worst
thing that can go in the footprint, I think all of us could think of 10
worst things. We have a list of 90 things, and there are some things
on there. But that would be, you know, my educated guess is that
something much larger could go there, and it wouldn't meet -- there
wouldn't be any public comment because with no gas stations they
would apply for permits, and they would start construction
immediately in most cases, so --
MR. WESTER: That's correct.
COMMISSIONER LoCASTRO: Okay. I don't have any more
questions for you. I'll call up county staff for a few things when the
time is appropriate.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: And maybe I'll -- my
question -- one of my questions, minimumly, has to do with staff, so
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I'll get to that in a second.
Brad, in the event that the project is approved, talk to me about
the second streetlight, because it was represented to me outside
that -- where that second streetlight wasn't part of your original
presentation. Did that come up from somewhere?
MR. WESTER: The streetlight on Rattlesnake Hammock, yes.
COMMISSIONER McDANIEL: Yes.
MR. WESTER: We -- the traffic control signal was approved
last week by county staff.
COMMISSIONER McDANIEL: Okay.
MR. WESTER: And it has always been contemplated. It really
helps the circulation and safety and -- for the area roadways. And so
that was approved last week by county staff, and it's an
administrative code approval, and -- but that's always been
contemplated.
COMMISSIONER McDANIEL: Forgive me. I didn't mean to
talk over you. Terri gets mad at me when I speak too quickly.
Is there a median cut there on Rattlesnake Hammock to allow
for ingress and egress from the property to the north as well?
MR. WESTER: Yes, there is.
COMMISSIONER McDANIEL: Okay. So it is a -- basically
signaling that intersection for better control of --
MR. WESTER: That's correct.
COMMISSIONER McDANIEL: -- ingress and egress?
MR. WESTER: Yes.
COMMISSIONER McDANIEL: Okay. In regard to the
infamous gas station, is there an alternative power source for that
facility?
MR. WESTER: Yes. We have -- I'm glad you brought that up.
We have generators for the store and the gas facility. So if there's a
power outage, they still function. And this still provides the
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opportunity for -- if there's a named storm or hurricane evacuation or
the needs to supply, this could serve all the communities and the
neighbors, including gas.
COMMISSIONER McDANIEL: There we go. I was
asking -- that's one of the things I wanted -- because I know that we
had adjusted our code shortly after I became the commissioner to
require the additional power -- outlet for power sources to come, but I
was wondering if Costco actually had their own alternative power
sources.
MR. WESTER: Yes, sir. And that alternate power sources also
acts for emergency use as well.
COMMISSIONER McDANIEL: I was just going to say, in the
event of an emergency --
MR. WESTER: Right.
COMMISSIONER McDANIEL: -- is it exclusive, then, to
members only --
MR. WESTER: Yes.
COMMISSIONER McDANIEL: -- for access to that fuel? Say
there was a hurricane and we lost power, would Costco -- does -- has
Costco ever opened up to the GP?
MR. WESTER: I don't know that answer, but typically this
would be open for members, to benefit the members. But the fact
that there is redundancy protocol in place for power outages is key
for this from a business continuity and service to the members.
COMMISSIONER McDANIEL: Okay. And then my -- my
other point I wanted to make/discuss, just looking at this site plan,
you know, we -- I heard earlier in the conversations about an elephant
in the room. There's four-some-odd acres up here on the corner of
951 and Rattlesnake Hammock, and it looks to me on the site plan
that there are contemplated access points for interconnectivity to that
site through yours; is that correct?
October 14, 2025
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MR. WESTER: That's correct.
COMMISSIONER McDANIEL: Okay. So that would
then -- because I would then presume, because of the size/shape that
the -- if I recall, the PUD allows plus/minus 350,000 square feet --
MR. WESTER: That's correct, roughly, yes, sir.
COMMISSIONER McDANIEL: -- of commercial --
MR. WESTER: Yes.
COMMISSIONER McDANIEL: -- over and above the other
office and uses that are contemplated in the rear.
And so access off of 951 -- I call it 951. It's -- everybody -- it's
Collier Boulevard to those of you who are new. But those
access -- additional access points will be coming into that front piece
than isn't part of your development at this particular stage.
MR. WESTER: That's correct.
COMMISSIONER McDANIEL: Okay, very good.
You -- that's all I have for you.
MR. WESTER: Thank you.
CHAIRMAN SAUNDERS: Mr. Wester, I did have one or two
questions, and, Commissioner LoCastro, did you have something?
COMMISSIONER LoCASTRO: I was going to call somebody
else over, but if anybody's got anything for Mr. Wester --
CHAIRMAN SAUNDERS: I have a couple questions for --
COMMISSIONER LoCASTRO: -- this is the time.
CHAIRMAN SAUNDERS: -- questions for Mr. Wester.
During the public comment, there was some discussion
concerning the trail system bike paths area, and someone said that the
area where you're parking vehicles, the overflow or the larger parking
area, I believe that was part of the FPL easement. Does that interfere
with the bike trails? I'm not sure if you're the right person to answer
that, but has that issue been brought up?
MR. WESTER: We've not -- the bike trails and the FP&L
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easement has not been brought up, but there is already an access
through that that will remain as part of that. FP&L requires access
that is completely separate from any Costco use on that, and that's
reflected in this diagram.
I would imagine that if there's any trail system, any multiuse
trail, there's adequate room over there to accommodate that. There's
175- -- 170-foot-wide easement in that area, and we do not use all of
it for our parking.
CHAIRMAN SAUNDERS: You're going to be in the site
planning process, so I'd just like to make sure that there's not an
interference if there is a trail there.
MR. WESTER: Yes, sir.
CHAIRMAN SAUNDERS: Let's see. In terms of the number
of pumps, is there any flexibility in the number of pumps? I know
you're at 24. Is that kind of a magic number, or is that your
maximum, or is there some potential for there to be fewer pumps? I
think someone said at the other location off Airport Road and -- that
there are 12 pumps there. I'm not sure if I got that number right, but
this is substantially larger.
MR. WESTER: It is larger, and we plan for expansion in the
future. So the accommodating factor in this is the gas pod itself is
already planned to accommodate expansion on the fuel facility based
on future demand. We would have to come back in for another Site
Development Plan permit. So any approval of these requests here or
the current Site Development Plan for this, what you're seeing, does
not include any of the gas expansion. That has to be reviewed later
on by County. But we do have an expansion plan in place based on
this.
We have 24 fueling positions, and it could go up to 40, and that
is for long-range planning. That is not the current plan right now.
But for long range, we would not impede -- all of our traffic
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circulation, our traffic flow, ingress, egress safety measures all
account for that expansion to that max scenario, and there's no
limitation in the PUD for number of pumps.
CHAIRMAN SAUNDERS: I understand there's no limitation in
the PUD in the number of stations. We do have the ordinance that
requires the separation. Obviously, there's a variance application for
that -- or deviation from that.
I'm wondering, as a condition -- and this is, I guess, would be a
question for the County. As a condition of approval of that
separation, would we be in a position to provide the maximum
number of pumps that can go in there?
MR. KLATZKOW: Yes.
CHAIRMAN SAUNDERS: So again, I'll just raise the question.
I had no idea you were talking about going up to 40 pumps. My
thought was that maybe 24 wasn't necessarily a magic number, that
you had to have that many. I'm wondering if I would want to support
a situation where you could get up to 40 pumps. So my instinct at
this point, just having heard that, is that I would put -- to get my vote
on the separation issue, there would have to be a maximum number
going forward that -- I think 40 there would be -- would be too many.
MR. WESTER: Yeah. The market demand supports the
numbers that we're asking for. And in that 40, and in the long
range -- so we don't have to ask for --
CHAIRMAN SAUNDERS: How many are there in the other
facility? The one --
COMMISSIONER KOWAL: Can I ask for clarity?
MR. WESTER: Twelve pumps; 12 fueling positions.
CHAIRMAN SAUNDERS: There's 12 at the other Costco, and
you're looking to have as many as 40 at this one.
Commissioner Kowal had a --
COMMISSIONER KOWAL: Can I ask a clarifying question?
October 14, 2025
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Because I'm kind of confused here. Do you -- when you say
"pumps," one pump will service two vehicles.
MR. WESTER: Yes, sir.
COMMISSIONER KOWAL: So if you have 12 pumps, that's
24 --
MR. WESTER: Fueling positions, yes.
COMMISSIONER KOWAL: -- pumping stations/positions. So
right now, you're at 12 pumps.
MR. WESTER: Yes, sir.
COMMISSIONER KOWAL: But 24 cars can eventually fuel
on either side?
MR. WESTER: Yes, sir.
COMMISSIONER KOWAL: So you're not having -- so when
you say "40," are you saying 20 pumps?
MR. WESTER: That's correct.
COMMISSIONER KOWAL: So going from 12 to 20 pumps?
MR. WESTER: That's all it is is eight more pumps.
COMMISSIONER KOWAL: Eight more pumps.
MR. WESTER: Yes, sir.
COMMISSIONER KOWAL: Okay. I just wanted to see if that
makes sense.
MR. WESTER: And that's all the traffic circulation, the traffic
impacts, the thresholds are all met based on the expansion of that.
CHAIRMAN SAUNDERS: Okay. Let me deal with the
number of cars then. At the other facility right now, you can service
24 cars with your 12 pumps. If this is approved today, you would
have 24 pumps, so you would service 48 cars?
COMMISSIONER KOWAL: No, it's still 12 pumps.
CHAIRMAN SAUNDERS: Okay. So I think you're --
COMMISSIONER KOWAL: That's what I was trying to
clarify.
October 14, 2025
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MR. WESTER: Yeah. I think you're commingling the number
of fueling positions versus actual number of pumps.
CHAIRMAN SAUNDERS: Okay. Well, let's deal with number
of pumps. That will clarify. That's very helpful. Because if we're
talking about 20 pumps versus 40 pumps, that's a big difference. So
right now you have 12 pumps, 24 cars.
MR. WESTER: Yes, sir.
CHAIRMAN SAUNDERS: At the new facility, you're looking
at, again, 12 pumps, 24 cars?
MR. WESTER: Yes.
CHAIRMAN SAUNDERS: That's your opening.
MR. WESTER: Yes, sir. And the difference is is the expansion
opportunity based on demand, up to 40 fueling positions, so that's 20
pumps.
CHAIRMAN SAUNDERS: Twenty you go to 20 pumps and 40
cars?
MR. WESTER: Yes, sir.
COMMISSIONER McDANIEL: Eight more.
MR. WESTER: My traffic engineer, Ryan Cunningham, would
like to add something.
MR. CUNNINGHAM: So the existing site has eight pumps, 16
vehicles, right? So we're proposing 12, 24.
I just wanted to note that Costco -- the Costco gas program has
grown significantly in the past couple of decades. When Costco first
started introducing gas on their sites, they were building these smaller
stations. So if you go to some really old sites that haven't been
updated or expanded, you'll see eight pumps. You'll see six pumps.
And usually those sites are experiencing massive queuing and
congestion issues because they can't service the demand that they
have on site.
Being a member-based organization, they have, like, a capture
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area, and when people come and do a warehouse shop, they also want
to get gas. And so what you're seeing is it's oversaturated at these
older sites. Costco has been going around the country and doing gas
expansion projects on existing sites.
So 24 is really the minimum that they're building these days.
Oftentimes, they're building 32. And there are some sites, Davie,
Florida, is one of them, where they are expanding to 40 to meet the
demand that's there. And it really eliminates the queuing issue by
just serving the demand much faster. It's like if the restaurant opened
a bunch more tables and servers, all of a sudden you wouldn't have to
wait to get, you know, your food anymore.
CHAIRMAN SAUNDERS: Well, I get gas at Costco, but I go
during hours where there's generally not that many cars in the queue.
But, I don't know, the 20 pumps just sounded like a lot. It was
definitely a lot when I thought it was 40 pumps, but --
MR. WESTER: It's not 40 pumps, sir. No.
COMMISSIONER LoCASTRO: Can I enter -- unless you're
finished.
CHAIRMAN SAUNDERS: Well --
COMMISSIONER LoCASTRO: I'm sorry.
CHAIRMAN SAUNDERS: Well, then, just for -- I'm not sure
that I would ask this, but just in case that I do move in that direction,
Mr. Klatzkow, would we be in a position to require -- if they're going
to be doing 12 pumps initially, would we be in a position to have it
come back before us if there's going to be an increase in the number
of pumps?
MR. KLATZKOW: Yes.
COMMISSIONER LoCASTRO: Yeah, it would have to.
CHAIRMAN SAUNDERS: Well, that's a good -- would it have
to if -- or can we make that as a condition?
MR. KLATZKOW: You can make that a condition. If you
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want to hear it, you should make it a condition.
CHAIRMAN SAUNDERS: If we don't make it as a condition,
then they have to come back to us?
MR. KLATZKOW: Yes, sir.
CHAIRMAN SAUNDERS: So either way, they have to come
back.
MR. KLATZKOW: Yes, sir. But rather than going through the
HEX, it would go through you.
CHAIRMAN SAUNDERS: All right. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. So I just want to make
something clear. And, you know, we always say -- Commissioner
Saunders always reminds us that words matter. Demand wouldn't
decide if you get to increase pumps. We would, okay. So it might be
part of your master plan that, you know, oh, at all of our Costcos, we
add more pumps.
I'm glad to hear that you'd have to come -- you'd either have to
go to the HEX -- and if we heard you wanted to increase the amount
of pumps and we all thought it was not the best idea to have one
person -- a one-person attorney hear the growth. But make no
mistake that never say in this room that "depending on demand would
depend on us increasing the pumps." That's why we're here.
So you -- first thing I would want to see is that if this gets
approved, the amount of pumps that you're, you know, planning for
initially, we're going to be watching that traffic, we're going to be
watching that safety, we're going to see if the stoplight works and all
those things like that. And we make plenty of adjustments to projects
that are built that, in the end, maybe something was a little bit off or
there can be an improvement with an extra turning lane or something
like that.
But it won't -- it won't be the driving force if you could sell more
gas. It will be important to us if your footprint can support. So I'm
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glad to hear that regardless of if we -- you know, if we did approve
this now, you're limited to the amount of pumps that we're approving
right now. Anything above and beyond -- it would be the same thing
if you wanted to put a second story on top of Costco; that's a whole
'nother meeting, either the HEX or if we decide to pull it forward
here.
So I just -- you know, I just want to make it clear, the
market -- and then comparing it to other places -- maybe Davies [sic]
has a thousand pumps. I don't know what that footprint looks like.
Maybe they have 10,000 acres and there's no gas stations for 50
miles. Only focus on Collier County and this footprint here, because
that's what we're doing. So it's not a -- the precedent of other Costcos
and what your master plan drives doesn't drive our decision here, so...
CHAIRMAN SAUNDERS: So I think what I'd like to suggest
is that when we get to the point of making a motion, if there is a
motion to approve the separation issue, I'm going to want to add to
that to increase the number of pumps from 12 to 20 would require
coming back to the County Commission for approval in some -- in
some mechanism.
COMMISSIONER LoCASTRO: I would say anything above
12 would have to come back to us, you know. But according to the
attorney, if we didn't add that in, it would -- well, what your
clarification is, Jeff, it wouldn't have to come back to us. It would go
to the HEX unless we decided different, like we did this time; is that
what you're saying?
MR. KLATZKOW: Yes, sir.
COMMISSIONER LoCASTRO: Yeah, okay.
MR. WESTER: So Brad Wester. If I can ask for a point of
clarification. Knowing that the fuel pumps are allowed by right,
regardless of the type or quantity, this is specifically because we're
within the 500-foot ring, is that right? And we would ask for an ASR
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for an expansion opportunity, is that right, in the future? A follow-up
ASW, is that what I'm hearing --
CHAIRMAN SAUNDERS: Yes.
MR. WESTER: -- mechanism?
CHAIRMAN SAUNDERS: Yes.
MR. WESTER: Okay. For an expansion of the -- the expansion
from 12 to 20.
CHAIRMAN SAUNDERS: To any number above that, you'd
have to come back.
MR. WESTER: Yes, sir, or any number above that.
COMMISSIONER LoCASTRO: And then you'd have to
prove -- you know, we would want to see the traffic study from your
current pumps. We would want to see the flow and all that to see that
any number you wanted to go above what was initially approved --
MR. WESTER: We accept that.
COMMISSIONER LoCASTRO: -- was doable.
MR. WESTER: We're confident in providing that to you guys.
COMMISSIONER LoCASTRO: You just -- you were leaning a
little too far forward. I just wanted to pull you back that you guys
don't -- it's not the market that drives the size. It's the County.
MR. WESTER: Thank you.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: This question I actually have -- I
hope somebody in our staff or somebody -- maybe the County
Attorney. This ordinance, I was told -- I mean, this came way before
my time here, and I think probably half us here. It was put in place
by a Board of County Commissioners. And the rumor I
heard -- because I never really got clarity on it -- was that they were
concerned because when the county was expanding and you had,
like -- we were going to add two more exits to I-75, like, the 105, that
they wanted to protect these exits so they didn't have gas station on
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top of gas station on top of gas station, you know, just sitting right on
top of each other and clutter -- you know, these exits looking like,
you know, you're getting off of a big truck stop somewhere, and that,
you know, there's no state statute that controls this. This was a local
thing that the -- that the Board before us did it for whatever reason
they did it, but that was a rumor I heard that -- why they had to --
MR. BOSI: Mike Bosi, Planning and Zoning director.
In 1998, the Board of County Commissioners adopted the ASW
requirement, the 500-foot requirement, and it was specifically for the
condition on Pine Ridge Road near the I-75 interchange, a number of
gas stations were being developed there. And they were concerned
about the impact and flow, the ingress and egress onto Pine Ridge
Road and be able to maintain that volume of traffic and safety
concerns. That's why this 500-foot separation was put -- was put in
place. That's why the first criteria that says, if there is a divider, if
there is some sort of separation between the two gas stations, it's a
check in favor of the proposal. In this case, they've got a divided
highway. The access from 7-Eleven and the access into Costco is
divided physically. There's no way for that -- that traffic to interact
with each other.
So because of that, that's one of the criteria that's been
established, and that -- but it was -- 1998 was the reason -- was when
they adopted this 500-foot separation.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
COMMISSIONER KOWAL: Thank you.
COMMISSIONER HALL: I am going to make motion to
approve this separation of 500 feet, the waiver, with the adder of any
addition of 12 pumps has to come back to the BCC.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and a
October 14, 2025
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second. Any further discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
COMMISSIONER HALL: And with that, I will make a motion
to approve the insubstantial change to the PUD.
COMMISSIONER LoCASTRO: Just before we do that, I just
wanted to call a couple of county staff up so we can get a few things
on the record, because down the road it might be important to have
all this stuff documented. I don't think it will take too much.
If -- Chairman, if I can have your indulgence.
I'd like Ms. Cook to come forward. You know, she was accused
of a few things and also quoted and misquoted. And I just wanted to
briefly talk about when they move forward, if we approve today, with
the Site Development Plan -- separate rumor from fact on water
retention and that, you know, we don't ignore it. We know that
there's millions of gallons that have to go in a certain direction.
But, Ms. Cook, can you just give us just a little bit of an
education so we can get it on the record as to what would have to go
forward if we approve this, and then also, somebody quoted you, and
I can see you in the back sort of shaking your head, and so I wanted
to give you a chance to go on the record and get your quotes correct.
MS. COOK: Yeah. It's Jaime Cook, director of Development
Review at Growth Management.
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So to address that, during the Planning Commission meeting, the
Planning Commission got into discussions on the Transportation
Impact Statement, the operational analysis asking questions about the
stoplight as well as turning movements and things like that. And
what I apologized for was not knowing which development was
Esplanade and which one was Azure when I was speaking to the
Planning Commission. So I think that was the miscommunication
there.
As far as the Site Development Plan, if you were to approve
both of these items today, they will move forward with their Site
Development Plan. It is currently on the second review. There are
still some outstanding comments, so they will be -- there will be at
least one more review. Stormwater and, again, the operational
portion of the transportation, turning lanes, stoplights, stop signs, et
cetera, are all reviewed during the Site Development Plan. They are
not reviewed at the zoning level. Both the -- this area of the county is
a highly regulated water -- water system, and they are subject to a
very stringent discharge rate. They will have to meet that discharge
rate both with the County reviewers as well as the South Florida
Water Management District with their ERP.
COMMISSIONER LoCASTRO: So stormwater's not being
ignored by this developer?
MS. COOK: Not at all.
COMMISSIONER LoCASTRO: Okay. But it hasn't been
addressed fully yet because it's the next steps, correct?
MS. COOK: Correct.
COMMISSIONER LoCASTRO: Okay. And then just for the
record, I wanted to call up Tony. He's our director of -- division
director of Traffic Operations. So a lot of people made a lot of
comments about traffic studies and this or that with a lot of
guesswork. This is -- this is a person that's not employed by Costco.
October 14, 2025
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He's probably one of the smartest and, you know, most eloquent and
informed senior directors that we have here in the County, as well as
respected. So I don't think he cares if Costco goes in or not. I can
tell you he doesn't.
But, Tony, give us the short version about the stoplight, because
we had a few people say, "Stoplight, what happened?" Explain how
that's been part of the process and what happened just last week. And
then my follow-up question -- and I won't ask it, but if you would
answer it -- is are you satisfied with the traffic studies, the traffic
counts, and all the things that you do for a living for the County? So
stoplight and the traffic study.
MR. KHAWAJA: Yes. For the record, Anthony Khawaja,
director of Traffic Operations and Planning.
You know, we have an approved ordinance for access, and one
of the conditions is to provide signals at locations. The issue with
providing a signal at the Costco entrance, the proposed Costco
entrance, was a little -- was closer than what we normally would
allow. Normally the distance for a roadway like Rattlesnake
Hammock, when they applied it was under the old ordinance which
permit them to have a signal at a quarter-of-a-mile spacing. Their
driveway is at a thousand-foot spacing. These conditions we put in
place so we can provide a traffic signal that can operate safely and
allow for the movement of traffic without interference with other
signals that are in the area, especially if we have to coordinate them
and provide progression between traffic signal.
This was a unique spot. So we have a committee, a group -- a
panel that consists of four professional engineers with the Collier
County, two planners, and somebody from the Sheriff's Department
that discuss if this signal is a good location to have. And, you know,
it goes under Trinity's, of course, review to allow the signal or not,
if -- depending on how the panel decides.
October 14, 2025
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So we take traffic signals and adding of traffic signals very
seriously. We don't want to put a signal somewhere that's going to be
reduced capacity, mess up traffic flow, not be able to coordinate it
and make it work properly.
This is a unique location, of course. You know, Rattlesnake
Hammock is -- right now it's a dead-end, you know, but it is a very
wide roadway. It's a four-lane roadway. Actually, I don't know if I
can -- do you have -- I thought while I'm talking to you, you guys can
take a look at that intersection, how it's operating, because that's that
approach -- that's that approach right now as we speak.
There's -- there is -- the capacity of that intersection is not fully
utilized. There's plenty of capacity at that approach that we can
utilize.
Like I said, the distance for -- it's only a thousand feet, but we
looked at -- we looked at how it would accommodate pedestrians,
how it would -- you know, we had Costco do what they called an
intersection evaluation study, an IES, and in the evaluation study,
they looked at what type of intersections or controls can be -- could
work at this intersection.
And, you know, they eliminated a lot of the ones, you know,
keeping the stop sign, you know, for, you know, two-way stop, put a
roundabout there or a traffic signal. You know, if you end up with
the stop signs, it just does not work. It will fail, and it would not
operate properly.
They looked at the roundabout. The roundabout, in terms of
capacity, it would work, but it would have to be a multilane
roundabout, which is -- in Collier County, we're still debating where
those belong, so we're still trying to get our people -- a traffic signal,
however, it gives us the best solution, and it would operate at Level
of Service A, which means hardly no -- no queuing or no -- the way it
would be, less than 10 seconds --
October 14, 2025
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COMMISSIONER LoCASTRO: And, Tony, who pays for that
light?
MR. KHAWAJA: That would be part of the development. The
developer would pay for the light --
COMMISSIONER LoCASTRO: So Costco pays?
MR. KHAWAJA: -- and the installation. And we'd have to
connect it to that signal at Collier Boulevard so it can be coordinated
and we can see it if we need to.
COMMISSIONER LoCASTRO: But the taxpayers in Collier
County and our budget wouldn't pay a penny.
MR. KHAWAJA: Will not pay, absolutely.
COMMISSIONER LoCASTRO: It's Costco that pays for it,
correct?
MR. KHAWAJA: Yes. So it's the best solution for the
conditions that we have.
COMMISSIONER LoCASTRO: Okay. How about the traffic
study that you've done analysis on? Are you -- are you content that it
has -- doesn't have holes? And I know a lot of people that live in this
area would disagree and think, "Man, that intersection must be at max
capacity," but the reality -- and we work this every day -- is that to
people who are new arrivals here don't realize what these roads can
hold. It doesn't mean we love it. But are you content with the traffic
study? Do you feel like it's been thorough? And what can you tell
us?
MR. KHAWAJA: It's still under review, Commissioner. So the
capacity on -- the capacity and the intersection are still under review;
have not totally approve it.
We're still looking at also their entrance. We are concerned
about their entrance coming out of the gas station. We're thinking
that should be a right-in only, no right-out. We don't want people to
make a right-out and then make a U-turn at the traffic signal, so we're
October 14, 2025
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still working with Costco. These are some of the comments we made
for them.
And we are still fine-tuning the capacity and --
COMMISSIONER LoCASTRO: But that's nothing for us to
decide on the two things?
MR. KHAWAJA: No, it's nothing that you guys need to look at.
We make sure it works properly. We make sure that the
volume -- the volume's definitely going to work. It's not an issue.
And the signal will work properly.
COMMISSIONER LoCASTRO: Lastly, have you gotten any
complaints from any of the -- I know you work closely with the local
gas stations as you work traffic and things like that. Has anything
come to your inbox from any of the competitors who are upset with
the addition of some possible more gas being sold to Costco
members?
MR. KHAWAJA: No, not yet.
COMMISSIONER LoCASTRO: Okay. Thank you.
MR. KHAWAJA: Yeah.
CHAIRMAN SAUNDERS: All right. Where are we?
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and a second
now?
COMMISSIONER McDANIEL: Second.
COMMISSIONER KOWAL: Do we have a motion on 9A?
COMMISSIONER HALL: Yes.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. Any discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
October 14, 2025
Page 255
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
We have two items left.
Item #11D
RECOMMENDATION TO HEAR A PRESENTATION ON
FUNDING STRATEGIES FOR A STORMWATER CAPITAL,
OPERATIONS AND MAINTENANCE PROGRAM. (TRINITY
SCOTT, DEPARTMENT HEAD - TRANSPORTATION
MANAGEMENT SERVICES DEPARTMENT) – MOTION TO
CONTINUE TO NEXT BCC MEETING BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO –
APPROVED
MS. PATTERSON: Commissioners, I'm going to recommend
that we continue the stormwater item to the next meeting and discuss
it then. It requires more time probably than we want to dedicate to it
at 5:55 at night, and it's been a long day.
But we do have to return to Item 11C, which was --
CHAIRMAN SAUNDERS: Let's hang on just a second,
because we haven't continued the other one that you just suggested.
MS. PATTERSON: Oh, yes, sir.
CHAIRMAN SAUNDERS: So any objection to continuing
that?
COMMISSIONER McDANIEL: I make -- you want a motion
to do that?
October 14, 2025
Page 256
CHAIRMAN SAUNDERS: Let's go ahead and have a motion
to continue it just --
MS. PATTERSON: That is Item 11D, just for reference.
COMMISSIONER McDANIEL: I'll move to continue that to
our next meeting.
COMMISSIONER LoCASTRO: Yeah, I'll second.
COMMISSIONER HALL: Amen.
COMMISSIONER LoCASTRO: It's 11D.
MS. PATTERSON: It's stormwater, yes.
CHAIRMAN SAUNDERS: We have a motion and second. I'd
like to amend that to continue it to the first meeting in September of
2027. All right. We have motion and second to continue to next
meeting. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MS. PATTERSON: Commissioners, then that brings us back to
Item 11C, which we had postponed till the end of the meeting. And I
see that we have Cormac -- and we have Mr. Davies and Cormac
back here for that, to pick back up. Just a reminder, this is regarding
the verification letter for the Florida Housing Finance Corporation's
funding.
MR. DAVIES: Thank you.
CHAIRMAN SAUNDERS: Welcome back.
MR. DAVIES: Thank you very much, Mr. Chairman. Good
afternoon, evening, Commissioners.
October 14, 2025
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We had the opportunity to speak with your County Attorney.
Thank you for that suggestion, Mr. Chairman. Candidly, I think
we're at an "agree to disagree" posture on how to read that language.
My client and I don't think you're bound by signing the form. I
certainly respect Mr. Klatzkow's position on that.
And so we did -- we did have that meeting. You know, trying to
come up with language or an editing of that state-promulgated form
is just going to bounce the application. So, unfortunately, that piece
is not going to work.
What we thought through during our time on the other items that
you were hearing is potentially reducing that number. Perhaps there's
a number that is less than the 120 that we're asking for that you-all
would be comfortable with as far as using that statute to allow
Mr. Bosi to sign the form.
So there is a reduced number that I wanted to share with you.
I'm also open to any other suggestions for trying to take the first step
with this project. I do feel obligated to correct the record. I mean, I
just want to say -- and I appreciate Commissioner Kowal's comments
at the end of the last time we were up here. I mean, we have been
working on this for months, as you-all know, with the County. But
for the public's benefit, you know, there were some public
commenters that took a different position to that.
We filed a zoning verification letter on this property under the
Live Local Act. We got that back. We appealed that. That appeal is
pending. But we did not pursue that appeal because we worked long
and hard with your staff on trying to find a different solution rather
than pursuing that appeal.
And like I said at the beginning of my remarks earlier, we're
really appreciative of your staff's efforts with that because it required
thinking outside of the box, especially given the financing deadline
that's upon us.
October 14, 2025
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And so what -- you know, what we worked on with your staff
is -- is how this item evolved and came before you today, which was
to, you know, get your direction to get a vote of this Board to
authorize Mr. Bosi to sign that document.
There was no -- there was no intent or interest in trying to have
Mr. Bosi make a false statement. The statute and a vote today from
you-all is what would allow him to affirm the statement requested on
the 120 units or some other -- some other number that perhaps you're
more comfortable with so that you can be comfortable authorizing
him to sign that form.
This is also a case-by-case basis situation. There wouldn't be
some sort of precedent created. I mean, the form -- I understand and
appreciate and want you-all to be comfortable with authorizing him
to sign the form and that the statement on the form is -- is a correct
statement. So that's what we want as well.
Yes, Mr. Chairman.
CHAIRMAN SAUNDERS: Yeah, it's getting a little bit late
so --
COMMISSIONER LoCASTRO: What's the number, right?
CHAIRMAN SAUNDERS: That's exactly right. So I really
appreciate you sharpening your pencil here a little bit. And where are
you leaning? Let's get to kind of the bottom line here, because we're
all getting a little weary.
MR. DAVIES: Understood. We talked about 100. We talked
about 105. I mean, every unit that we reduce it is one less unit that
we can provide and one less unit that makes us competitive in this
financing process.
CHAIRMAN SAUNDERS: How many units would you have
gotten Live Local?
MR. DAVIES: Well, that's where there's a disagreement. I
think the County's position's 25, and our position's 91.
October 14, 2025
Page 259
COMMISSIONER McDANIEL: Per acre.
MR. DAVIES: Per acre.
COMMISSIONER McDANIEL: Per acre.
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER KOWAL: Yeah, per acre.
COMMISSIONER McDANIEL: Right. Can I ask --
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Two things.
Under the -- under our County Attorney's opinion with regard to
this, if we put -- if we allow anything other than the 25 per acre, it's
putting Mr. Bosi in a precarious position because it's by right. It
gives him that density. Am I correct in that assumption?
MR. KLATZKOW: If you decide on a certain density, that will
be the density.
COMMISSIONER McDANIEL: Correct. So if we go anything
above 25 units an acre, at your thought processes of 100, 105, that's
putting him outside the bounds of the current zoning regulations that
we have in place.
MR. KLATZKOW: Oh, no. You could approve this project at
a reduced number of units, and then Mr. Bosi could sign the
certification.
COMMISSIONER McDANIEL: So the thought -- the thought
process I had was, how about -- can we add "up to 120" in the
application? That would, then, allow him to sign the letter, not
perjure himself. Financing comes through. We go through all the
other circumstances that are prevalent. And if it's determined that 80
is the happy number, that's the -- that's the path. But we're approving
up to 120, not anything specific nor -- nor -- I mean, I understand
your interpretation is that that's the cap in the first place, but if we
actually -- because -- and, again, we're obligated to rely upon our
County Attorney's opinion on these things, not yours. And if we had
October 14, 2025
Page 260
that language in there "up to 120," would that cover?
MR. KLATZKOW: If you say "up to 120," the number's 120.
CHAIRMAN SAUNDERS: Yeah. We need to come up with a
maximum number --
MR. KLATZKOW: Yeah.
CHAIRMAN SAUNDERS: -- that we're willing to accept.
COMMISSIONER McDANIEL: And correct me if I'm wrong,
but if our staff's telling us that we've established a limit of 25 units an
acre under the Live Local Act --
COMMISSIONER KOWAL: Yeah, that's a by-right, that 25.
COMMISSIONER McDANIEL: Correct. So if we put
anything above that --
MR. GIBLIN: Yeah. Cormac Giblin, for the record.
There are differing paragraphs within the statute. Paragraph 6 is
what they're asking for. There is no 25-per-acre limit. There is no
limit at all other than what you might feel appropriate.
Paragraph 7 is the Live Local paragraph that establishes it at 25
for projects based on the county's maximum densities. So there's two
different paragraphs within the same statute. It's not apples to apples
there.
CHAIRMAN SAUNDERS: And it's how many acres, 2.1; is
that --
MR. GIBLIN: 2.1 -- 2.16 acres, yeah.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Well, I don't think
Commissioner McDaniel's done.
COMMISSIONER McDANIEL: No, I wasn't. I
guess -- because the conversation came up with the unit -- the request
of 120 units, it was putting Mr. Bosi in a position of perjuring himself
because we don't have anything currently in our zoning regulation
that establishes that.
October 14, 2025
Page 261
MR. GIBLIN: I think that -- I think that -- well, the
statute -- what you decide through use of that paragraph in the statute
would set the density. I think what Mike was referencing was saying
yes now in the certification but with a caveat. That's where the -- and
I think the County Attorney has opined to agree with that.
MR. KLATZKOW: I agree with that. It would be like a motion
for X number of units and, you know, rezoning accordingly.
COMMISSIONER LoCASTRO: I mean, here's the rub. If we
leave 120 on there and you apply for State money, it's for that 120. If
in the end, after talking with us and planning the project, it was
anything less than 120, I think -- I believe, by law, you'd have to go
back to the State and say, "You gave us X number of dollars for 120
units. The County now, after hearing the whole plan and the traffic
studies and all the things that are required, aren't comfortable with
120, so the number's going to be less," I don't think you can keep that
total amount because the algorithm was probably based on 120. I
mean, I think that's the whole argument here, correct?
MR. DAVIES: Yes. And we'd have -- we'd have to go back to
the State and deal with that, and that's at our risk.
COMMISSIONER LoCASTRO: I mean, I'm just going to say,
personally, I think this is a great project. I think we do have plenty of
outs that puts your money in jeopardy, because I think when the
details come to us, there's all kinds of things that we could hate about
the project when we really get the presentation on the 120 units, and
then if you don't -- if you don't like it or you disagree or we
disapprove it, then you've got to give the money back. And maybe
you've got a bunch of money invested but, you know, the initial -- the
initial plan that I saw, I didn't think 120 was excessive.
My only part of about being a little bit sort of on the fence is
we're agreeing to 120, and we really -- alls we have is one piece of
paper. You know, I'm used to having 10 different people come here,
October 14, 2025
Page 262
just like with Costco, and explain what the project looks like and all
the details and all of that. But I think when that happened, there's
plenty of outs for us to say, "Wow, now that we have some of the
details, I've got, like, 10 different concerns about this project." And
then if it means that the project evaporates and you have to give the
money back, that's part of the risk of being a developer.
But, you know, I'm not sitting here saying that 120 was a
showstopper. And I think even a couple of us, we were just looking
to see if there was latitude, you know, so that we weren't -- we
weren't married to it regardless, and we're not, because we could
always down the road say, "We've got more details; we've got a
problem with it." And then -- you know, then the onus is on you
having to give part of the money or all of the money back, but that's
always a risk.
But initially the project I saw in my office, I wasn't like, "Oh,
God, you know, I think it should be 60." I mean, you know,
Commissioner Kowal would know more. I'm sure he got a lot more
details on this because it's in his district, but the details I got, I
think -- you know, I don't want to keep you from not moving forward
to try to apply to get the money. Hey, you might not get it, and this is
all moot, but I support allowing you guys to move forward.
And if 120 is what has to be on the form, then that's -- you
know, I'm okay with it unless I hear something from my colleagues
that I'm missing. I think we're almost peeling back the onion a little
too much, but I'm glad we are because we've got to -- it's not our
signature on there. It's Mr. Bosi's, but I don't think we're making him
sign something that -- that, you know, makes him a liar or anything
like that.
MR. KLATZKOW: If you say 120, it's 120.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
October 14, 2025
Page 263
And this is -- listen, face value when I saw this project, you
know, guys, I was like, this is -- we need something like this close in.
I mean, it is what it is. This is not too often -- and it saddens me a
little bit when we have a few city officials here, and they're also
clamoring about we have no -- they wanted to purchase the old
apartments at the end of Fifth Ave South -- or North, and they didn't
have the money because they wanted to create something within their
boundaries that they could do something similar like this, but then
when it came time to -- there might be an option to do it, you know,
they kind of poopoo'd it and don't want it. You know, it's almost like
a NIMBY, you know, we were talking for the last four hours.
You know, do it further in the county, not as close to the city.
And the sad part is, the City, by right, is a 35 units per acre, from
what I understand. So they actually have a greater number per acre
by right on the Live Local.
COMMISSIONER McDANIEL: The Live Local.
COMMISSIONER KOWAL: Yeah. So what's hurting this
whole project is just the footprint. I mean, over and over again. It's a
great project, but we're trying to shoehorn something on there. And I
don't want -- and like I told you in the hallway, I mean,
Mr. Klatzkow's our attorney of record. He's the attorney for the
County. He guides us in what we do. And if he's interpreting
that -- and I don't want to go against his interpretation because it's a
good feeling. I -- I just don't think that there's a magic number for us
to set some sort of precedence here today that now that -- as long as
somebody comes with two acres, we're going to say, you know what,
fill out one of these forms, go to the State, try to get the money, and,
you know, you can have whatever, 35, 38, 40 units per acre. It kind
of circumvents all the work our staff does to set precedence on these
properties and what we do allow.
So it's just -- it's a slippery slope. You hear the old saying, "It's
October 14, 2025
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a slippery slope." And I think at this stage of the game, I'm saddened
that we had to get to this point, but it was an option. It was, like, who
caught an option playing the huddle? You know, it was like you
went one way and it didn't work out because the interpretation
initially with the Live Local and now how the staff looking at
it -- you know, it just didn't work out. In your mind you were
thinking it would work out, and it was a lot of time wasted coming to
this point.
And I think Mr. Cormac and when you guys -- when you were at
the Affordable Housing Committee meeting, you know, he pulled
you guys aside -- or pulled you aside and said, "Hey, you know,
there's other options. There's other statutes we can visit," but that
was a -- again, that's rolling the dice. It's not a guarantee.
And I had this conversation on the phone. I was getting
informed what the attorney's feelings were early in the morning, and
he kind of sounded like -- exactly what he told me -- what he's saying
now is what he said at the beginning of the day.
And then I got a phone call later in the day saying, "Well, no,
there wasn't going to be no issue of perjury or anything because we
can always adjust it."
But now we're here in front of everybody in the 11th hour, and
I'm hearing the same thing back from the beginning, which I was not
comfortable with. I would never ask Mr. Bosi to sign anything that
may come back on him. And I have to, you know, take my advice
from our -- the County Attorney on this issue.
And this is not what I thought the result would be today, but
that's kind of my position. I don't want to set precedence, and I don't
want to create a slippery slope that binds us on some sort of issue
down the road.
MR. DAVIES: I certainly appreciate the comments,
Commissioner. If I may respond quickly.
October 14, 2025
Page 265
I don't think you're setting any sort of precedent with this. Each
of these would be case by case, and ultimately -- you know,
Mr. Klatzkow and I may agree to disagree on whether or not you're
bound by this, by the 120 or some other lower number.
If you are bound by this -- let's accept Mr. Klatzkow's advice
there, certainly -- you can approve that additional density under
the -- under the statute without creating a precedent based just on this
site and this being the right location for this. And again, we've got to
come back before you, but if you put that aside, this is something that
I think I would just urge you-all to think closely about as far as is this
the right property to create an exception for that? It's interior to the
county, like you said. You've got 30,000 jobs you could walk to, or
certainly opportunities for walkability.
We've got really good AMI levels, not just the 80 percent that
you're used to hearing about. We've got 22 percent. Some of these
units would rent for $467 a month. That's unheard of, right?
We can't do that without the State financing. But we're asking
you for that additional density on this site based on those factors
without creating a precedent for other sites and to do that so
that -- not so that we can get this across the finish line this evening,
but so that you can help us get to the starting line. And a no vote on
this kills the project, kills the financing, and kills those levels at a
really good site with the county -- within the county.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Thank you.
So just for some clarity, we've got the state statute section,
what -- is it 125 --
MR. DAVIES: Yes, sir.
COMMISSIONER HALL: -- that we have -- to me we have
leeway on our density approvals with that versus Live Local that
we've established 25 units per acre.
October 14, 2025
Page 266
MR. KLATZKOW: Correct.
COMMISSIONER HALL: They're not going Live Local.
They're going -- they're going regular. So I don't -- I don't understand
if we certify a letter that allows them to go ask for financing how
that's -- how that's congrewed (phonetic) to where we are approving a
certain amount of units.
MR. KLATZKOW: Because the form says it's 120 units.
CHAIRMAN SAUNDERS: That's what the form says. The
form says --
COMMISSIONER KOWAL: And this is not the process or the
time for that.
CHAIRMAN SAUNDERS: "I certify that the City has vested in
me." So that's the -- that's the only thing is it's --
COMMISSIONER HALL: Okay. So if we -- doesn't it say
something about if it's that number -- equal to that number or higher,
they can ask for financing?
CHAIRMAN SAUNDERS: Number of units in the
development, 120. This number must be equal to or greater than the
number of units stated by the applicant -- in the application. I don't
know what that means.
MR. DAVIES: It's a max number.
MS. PATTERSON: It creates the max number. So the number
on their application has to be 120 or less. That's the max --
COMMISSIONER KOWAL: It doesn't say that. It says "or
greater."
MS. PATTERSON: No.
COMMISSIONER KOWAL: That's the minimum number.
MS. PATTERSON: No. It's like a weird reversed language. If
you read it again, it's -- the number in that -- in that statement -- or in
that box has to be equal to or greater than what they're stating on their
application. So they can put anything up to 120 on their application
October 14, 2025
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but it can't be greater than 120. A hundred and twenty's the max.
COMMISSIONER HALL: Okay. So I guess -- I guess it's the
difference between these -- all of the certifications letters that Bosi
has signed before, is that because we already have an agreed density?
MR. KLATZKOW: Yes. He's always signed these things after
the Board's approved them.
COMMISSIONER HALL: Okay. So, really, if that
certification letter binds us to the number of units on that application,
there's no choice that we have besides to deny that unless we can
come up with something that's agreeable.
CHAIRMAN SAUNDERS: That's exactly what I was going to
suggest. There's got to be a number here. I think the 120 -- you
know, even when we met, I thought that the 120 was high. I like this
project, but I just -- I was having a hard time getting my arms around
120 units. You just mentioned that something like 100 might work,
but that's -- you know, that's still a big number, but it's just not quite
as shocking as the 120.
But is there -- is there a number of units that we would all feel
comfortable with just saying, "Okay, we can build, you know, X
number of units on that parcel; that's the vested number"? Is there a
number lower than 120 that will work?
COMMISSIONER KOWAL: Can I ask one more question?
CHAIRMAN SAUNDERS: Yeah, sure.
COMMISSIONER KOWAL: The parcel -- the tip of the
triangle -- this piece of property is just mind-boggling, because the tip
of the triangle is governed by the City of Naples.
COMMISSIONER HALL: Which tip?
COMMISSIONER KOWAL: The tip that's on our side.
CHAIRMAN SAUNDERS: To the east.
COMMISSIONER KOWAL: We control the side on the City's
side, and they control the side on the County's side. Now, that's all
October 14, 2025
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going to be part of the purchase, right?
MR. DAVIES: Yes, sir.
COMMISSIONER KOWAL: But because that's going to stay
green space, are you saying because it's governed by the City of
Naples that we can't use that footprint to add to the actual acreage?
MR. DAVIES: Yes.
COMMISSIONER KOWAL: Even though you're going to own
it, it's going to be part of your basic invisible footprint -- I mean,
there's not going to be a border there -- is there a way around that to
where the City can just give us a letter saying, "Hey, you can govern
that portion"?
CHAIRMAN SAUNDERS: I thought the City -- I thought the
City owned that parcel.
COMMISSIONER KOWAL: No, no. The bank owns it.
CHAIRMAN SAUNDERS: Oh, okay. So you're going to be
buying the 2.1 acres, plus you're buying the other part?
MR. DAVIES: So there's 2.16 acres. That's the County
property that we're under contract to purchase. That's what the
calculations on density units per acre are based on. There's a .61-acre
parcel away from Goodlette, okay, that is also under contract. That is
zoned in the city, and that's not part of our request today. That would
remain green space for that, so at least the plan --
COMMISSIONER KOWAL: Yeah. I'm just trying to figure
out a way that we can use that as the footprint, because nobody else is
going to go there. You're going to own it. It's going to be -- and that
would add the size of the dot, and then maybe 35 is the magic
number. Maybe -- you know, I'm saying, then, that's an easier pill to
swallow that trying to shoehorn it just on this two-point whatever.
MR. DAVIES: Right. And then there's another parcel
that -- where the office building sits that's two and a half acres
approximately. That's not -- we're not under contract to purchase
October 14, 2025
Page 269
that. That is owned by the same group that our seller is owned from,
so --
COMMISSIONER KOWAL: But I was told that's not
considered an activity center, so you couldn't slide that as part of the
footprint? I don't know. I mean, I was just -- that was just Monday
morning lawyering I was thinking about.
MR. DAVIES: We're not under contract to purchase that one --
COMMISSIONER KOWAL: I know you're not.
MR. DAVIES: -- so we're only here to talk to you about the
ones that we're under contract to purchase.
COMMISSIONER LoCASTRO: Are there fuel pumps
associated with this?
MS. PATTERSON: Commissioners, if the parcel was being
considered as one parcel, we wouldn't even be having this
conversation.
COMMISSIONER KOWAL: I know. That's what I'm trying to
get to, but I'm trying to find a magic number if the tip -- the part that's
not going to be developed.
MR. FRENCH: So that would take you to about 92.4 units total
with the addition of that triangular tip with a dedication from -- either
by way of title -- recorded in their title that it could not be developed
and it would be dedicated to green space. Because it's outside of the
jurisdiction -- jurisdictional boundary of Collier County, we would
not consider that even within our Site Development Plan. Now, they
may consider it within their ERP for stormwater and things like that,
but that -- we would not review that, and we could probably make it
contingent on the SDP.
COMMISSIONER KOWAL: That's why I said this is a very
unique project.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: And I'm going to -- and I'm
October 14, 2025
Page 270
just -- you know, when I -- when we talked about the "up to 120,"
Mr. Klatzkow said, "If you make it up to 120, it's 120." I didn't
understand that. If it's up to 120, he applies for 120, and if we,
through all of the wizardry, decide it's 92 or 80 or whatever, then
that's what it is. "Up to" is not the number. It can be the number,
ultimately, but "up to" gives us that discretion to go to that. It allows
him to apply for that. And then he goes through all of the hoops to be
able to come back to whatever we do.
CHAIRMAN SAUNDERS: The certification doesn't say "up
to," though. The certification says "the number is." That's the
problem.
COMMISSIONER McDANIEL: Right. But if we added in "up
to" --
COMMISSIONER LoCASTRO: We can't.
CHAIRMAN SAUNDERS: We can't do that because it's a state
form. You know, we can't change their form. They're not going to
get the funding if it's changed.
COMMISSIONER McDANIEL: I gotcha.
CHAIRMAN SAUNDERS: So we just need to either approve
this at 120 or at another number or not. That's --
COMMISSIONER McDANIEL: Can I ask one more simple
question?
CHAIRMAN SAUNDERS: Sure.
COMMISSIONER McDANIEL: If we did approve it at 120
and he didn't get his financing, does the property owner have our
certification of 120?
CHAIRMAN SAUNDERS: That's a question for Jeff. It
sounds like it.
COMMISSIONER LoCASTRO: I don't think so. I think it's
contingent on --
CHAIRMAN SAUNDERS: Well, that's really a legal question.
October 14, 2025
Page 271
COMMISSIONER KOWAL: That's a good question.
COMMISSIONER LoCASTRO: Or Cormac might know it,
too.
COMMISSIONER McDANIEL: Are we bequeathing density
with this?
MR. KLATZKOW: I don't think you're locked into 120 at that
point in time because this is a very deal -- this is specific to this deal.
COMMISSIONER McDANIEL: Yes.
MR. GIBLIN: And specific to the conditions that you're willing
to approve it under, be it the income thresholds, the height, the
zoning restrictions that they've agreed to.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Okay. So in the interest of
moving it forward and seeing if we can -- we can -- I could maybe be
the catalyst, we've got a great project needed in this community, the
developer -- everything that I've seen on paper -- these are some of
the best people who are involved in this, okay.
In my opinion, I think that we'd be stupid, you know, to walk
away from this. And we're sitting here going, well, would a hundred,
you know, 120 or whatnot. I think, you know, no decision will
please everybody. We just found that out with 12 hours of Costco
discussion.
I make a motion that we leave 120 on there. We allow you to go
forward to the money -- for the money. That remains to be seen if
you get it. You come back here, and there's all kinds of gyrations and
things you'll have to go through. There's always a risk that in part of
the presentation we may not like the answers on traffic or this or that.
But having said that, everything that I saw looked like you guys had
sharpened your pencils.
You know, no disrespect to the County Attorney, but he's
October 14, 2025
Page 272
supposed to make sure we don't do anything illegal, immoral, or
unethical, but he's not the sixth commissioner. And I think on this
particular project -- and I've even heard from other people, you know,
out -- at the County and the City and people who also think it's a
great project, I just think we'd be foolish to walk away from this
project because we think -- I don't think 120 is even -- is excessive. I
think with the people you have involved, you're going to make it
work and fit on there beautifully, and it's going to be a great addition.
And so I might not -- I might be the minority here, but I make a
motion that we approve it with 120, we allow you to move forward,
and, you know, we continue to see what happens with the process.
I'll just throw that out there and see if I've got any support for that
motion.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: Would you be okay with 105?
Because they said 105.
COMMISSIONER LoCASTRO: Sure. Yeah. I just think we
shouldn't just say --
COMMISSIONER HALL: I can support 105.
COMMISSIONER LoCASTRO: Okay. So I'll change my
motion and say we'll make it 105 to show that we, you know,
sharpened our pencil a little bit more to be -- you know, to be more
supportive of, you know, all the moving parts. But I'll make a motion
at 105.
Cormac.
MR. GIBLIN: Just one caveat. If you start changing -- and 105,
no problem. But just realize that the income split may need to be
adjusted to equal 105 instead of 120.
COMMISSIONER LoCASTRO: Do we really think -- I
mean -- and I appreciate Commissioner Hall chiming in. You know,
at least we try to put some meat on the bone here. Do we really think
October 14, 2025
Page 273
15 units is a showstopper? Are we really accomplishing anything by
going from 120 to 105? I mean, a lot of times in this room we shave
something in half.
I mean, we just had a Costco guy that wanted to put in 40 gas
pumps, and we just spanked him for that and educated him how the
process works.
But, you know, I'm still comfortable with 120. To get other
commissioners to feel more comfortable, especially Commissioner
Kowal, because this is in his district, and he'll get a lot of questions
on it, I want to see what he was comfortable with, and sometimes
even just making a small change with a few numbers shows that at
least we -- you know, we tried to find common ground in the middle.
I'm comfortable with 120, but if it doesn't get the votes, then I'm
also supportive of adjusting the number. Do we need just a majority
or supermajority? I didn't look at my --
MR. KLATZKOW: Super.
COMMISSIONER LoCASTRO: We need super, okay. So you
need four votes. So I'll say 120. Commissioner Hall chimed in with
105. He'd be supportive of 105. What do the other
commissioners -- how do they feel? I need four votes for you to do
anything.
(No response.)
COMMISSIONER LoCASTRO: So I'll make a motion at 120.
Do I have a second at 120? I feel like an auctioneer here. Do I have
a second at 120?
(No response.)
COMMISSIONER LoCASTRO: I don't. I'll amend that and
make a motion at 105. Do I have a second at 105?
COMMISSIONER HALL: Second. I'll second that.
CHAIRMAN SAUNDERS: We have a motion and a second.
And I understand your comment, Commissioner LoCastro, that,
October 14, 2025
Page 274
you know, we're trimming something, and is 15 units really that
much of a difference. I don't know if it really is. It sounds like an
awful lot when you start talking about 120 units.
COMMISSIONER McDANIEL: It depends on the price of
the -- forgive me.
CHAIRMAN SAUNDERS: I understand. But anyway, you
have a motion and second. Any discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: I will call for the question. All in
favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. GIBLIN: Thank you.
CHAIRMAN SAUNDERS: So, Mr. Bosi, you can sign that
form at 105 units.
COMMISSIONER LoCASTRO: No gas pumps.
MR. DAVIES: No gas pumps. Thank you very much. Thank
you, Mr. Chairman. Thank you, Commissioners.
CHAIRMAN SAUNDERS: Anything else, Ms. Patterson, on
the agenda?
MS. PATTERSON: No, sir, unless anybody that wants to
provide public comment that -- on general topics. Apparently not.
No.
All right. That brings us to Item 15, staff and commission
general communications. I will say I have nothing.
October 14, 2025
Page 275
County Attorney.
MR. KLATZKOW: As well as I.
CHAIRMAN SAUNDERS: All right. Commissioner Kowal,
do you have anything to add before we adjourn?
COMMISSIONER KOWAL: I've got about 25 things I want to
talk about. No.
COMMISSIONER LoCASTRO: Send it to the HEX.
COMMISSIONER KOWAL: That was a long day. I've got a
long drive ahead of me tonight, so -- I appreciate it.
CHAIRMAN SAUNDERS: All right. Commissioner Hall.
COMMISSIONER HALL: Nothing. Thank you, gentlemen.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Well -- and just one
quick topic. How do you feel about giving direction to staff to bring
back the review of that arbitrary 500-foot spatial differential for gas
stations for us to maybe eliminate that?
COMMISSIONER HALL: I think that would save three hours
of our time.
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER KOWAL: Three? It started at one.
COMMISSIONER McDANIEL: So directed.
CHAIRMAN SAUNDERS: It was, yeah, five hours.
COMMISSIONER McDANIEL: It was -- but -- let's -- that's
my only comment. I'd like staff to review that and for us to bring it
back. And that --
CHAIRMAN SAUNDERS: Mr. French has indicated a thumbs
up. I don't have any issue with bringing it back for discussion.
COMMISSIONER McDANIEL: Okay. Carry on.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER LoCASTRO: I'll just say thank you to my
colleagues for the time that you took on Costco. No decision pleases
October 14, 2025
Page 276
everybody, and I'm sure, you know, especially me, will get all kinds
of spears and rocks and everything. But, you know, the comment
that was made, "If people were supportive of Costco, where are
they?" I would just say check your inbox. I would say it -- I didn't
take a poll or keep score, but there were plenty of supporters.
And we also don't vote on a popularity contest. So we look at
the law. We look at, you know, are there 10 things we would have
preferred on that piece of property? Yeah, possibly, but Costco
comes forward, and nothing's illegal, immoral, or unethical. And I
will tell you that, you know, my inbox is already starting to explode,
and it's from people that are thanking us for our due diligence and our
hard work and think we made the right decision.
So thanks very much. I'm sure we're adjourned.
CHAIRMAN SAUNDERS: I have nothing to add as well, and
we are adjourned.
*****
***Commissioner McDaniel moved, seconded by Commissioner
Hall and carried that the following items under the consent and
summary agendas be approved and/or adopted***
Item #16A1
ADVERTISE AND BRING BACK FOR A PUBLIC HEARING, AN
ORDINANCE AMENDING THE LAND DEVELOPMENT CODE,
TO INCREASE THE FLOOR AREA RATIO FROM 0.45 TO 0.60
FOR GROUP HOUSING, PL20250005043
Item #16A2
ADVERTISE AND BRING BACK FOR A PUBLIC HEARING, AN
October 14, 2025
Page 277
ORDINANCE AMENDING THE LAND DEVELOPMENT CODE,
ON PROCEDURAL CHANGES TO RECTIFY AND CORRECT
INCONSISTENCIES AND UPDATE ADVISORY BOARDS OR
AGENCY’S PUBLIC HEARING REVIEWS FOR MULTIPLE
LAND USE PETITIONS HELD BY THE ENVIRONMENTAL
ADVISORY COUNCIL, HEARING EXAMINER, PLANNING
COMMISSION, BOARD OF COUNTY COMMISSIONERS, OR
BOARD OF ZONING APPEALS, PL202540000180
Item #16A3
ADVERTISE AND BRING BACK FOR A PUBLIC HEARING, AN
ORDINANCE AMENDING THE LAND DEVELOPMENT CODE,
TO ESTABLISH FORMAL PROCEDURES AND STANDARDS
FOR REASONABLE ACCOMMODATION REQUESTS
SUBMITTED BY CERTIFIED RECOVERY RESIDENCES IN
COMPLIANCE WITH SECTION 397.487, FLORIDA STATUTES,
PL20250009062
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES FOR COMMUNITY SCHOOL OF NAPLES
– CAMPUS EXPANSION, PL20250006342 - FINAL INSPECTION
FOUND THESE FACILITIES SATISFACTORY AND
ACCEPTABLE BY STAFF ON AUGUST 5, 2025
Item #16A5
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
October 14, 2025
Page 278
PORTION OF THE WATER UTILITY FACILITIES FOR CAR
CONDO, PL20250007500 - FINAL INSPECTION FOUND THESE
FACILITIES SATISFACTORY AND ACCEPTABLE BY STAFF
ON AUGUST 6, 2025
Item #16A6
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER AND SEWER FACILITIES
FOR ST. PAUL CHURCH, PL20250003206 - FINAL INSPECTION
FOUND THESE FACILITIES SATISFACTORY AND
ACCEPTABLE BY STAFF ON SEPTEMBER 9, 2024
Item #16A7
RESOLUTION 2025-195: RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE
IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT
DEDICATIONS, INCLUDING THE DEDICATION OF TRACT “R-
2”, FOR THE FINAL PLAT OF ISLES OF COLLIER PRESERVE
PHASE 16, APPLICATION NUMBER PL20210000695, AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $444,004.28
Item #16A8
RESOLUTION 2025-196: RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE
IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT
DEDICATIONS, FOR THE FINAL PLAT OF FAIRGROVE AT
October 14, 2025
Page 279
TALIS PARK MULTI-FAMILY PARCEL, APPLICATION
NUMBER PL20220000389 (FP) AND APPLICATION NUMBER
PL2022000598 (FAIRGROVE COACH HOMES SDP), AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $$37,447.85
Item #16A9
RESOLUTION 2025-197: RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF MAPLE
RIDGE AT AVE MARIA, PHASE 6C, APPLICATION NUMBER
PL20200001634, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITIES IN THE AMOUNT OF
$251,993.89
Item #16A10
RESOLUTION 2025-198: RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE
IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT
DEDICATIONS, FOR THE FINAL PLAT OF RANCH AT
ORANGE BLOSSOM, PHASE 4, APPLICATION NUMBER
PL20190000864, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY IN THE AMOUNT OF
$507,486.40
Item #16A11
RESOLUTION 2025-199: HOLD A PUBLIC HEARING TO
October 14, 2025
Page 280
CONSIDER VACATING A PORTION OF KON TIKI DRIVE AS
SHOWN ON THE PLAT OF ISLES OF CAPRI BUSINESS
SECTION, RECORDED IN PLAT BOOK 3, PAGE 52, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED APPROXIMATELY 40 FEET EAST OF CAPRI
BOULEVARD, (GRIFFIS HIGHWAY PER PLAT) IN SECTION 32,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA
Item #16A12
RESOLUTION 2025-200: RESOLUTION TO HOLD A PUBLIC
HEARING TO CONSIDER VACATING A PORTION OF OIL
WELL PARK ROAD, ALSO KNOWN AS A PORTION OF A 100-
FOOT-WIDE RIGHT-OF-WAY AND EASEMENT DESCRIBED AS
TRACT A, AS RECORDED IN DEED BOOK 23, PAGE 42, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED WEST OF STATE ROAD 29, APPROXIMATELY 1.5
MILES SOUTH OF OIL WELL ROAD, IN SECTION 20,
TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY,
FLORIDA. VAC-PL20250006144
Item 16A13
RESOLUTION 2025-201: HOLD A PUBLIC HEARING TO
CONSIDER VACATING THE 30-FOOT-WIDE PUBLIC
ROADWAY EASEMENTS AS DESCRIBED IN OFFICIAL
RECORD BOOK 1033, AT PAGES 1087, 1098, 1099, 1103, 1107,
1122, AND 1126, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED APPROXIMATELY 4,900 FEET
NORTHEASTERLY OF U.S. 41, TAMIAMI TRAIL EAST AND
October 14, 2025
Page 281
APPROXIMATELY 4,000 FEET EAST OF GREENWAY ROAD IN
SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA
Item #16A14
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $690,732, WHICH WAS
POSTED AS A GUARANTY FOR EXCAVATION PERMIT
NUMBER PL20230015778 FOR WORK ASSOCIATED WITH
SANDY LANE ASSEMBLAGE
Item #16A15
RECEIVE AND APPROVE THE 2024 COLLIER COUNTY
REPETITIVE LOSS AREA ANALYSIS (RLAA) STUDY
Item #16A16
AWARD INVITATION TO BID 25-8361, “FENCING
INSTALLATION AND REPAIR SERVICES FOR COLLIER
COUNTY,” TO PRIMARY AND SECONDARY VENDORS -
ATLAS DOOR & GATE INC., AND MCFARLANE’S
CONSTRUCTION, INC., AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED AGREEMENTS
Item #16A17
ACCEPT A $4,000 DONATION FROM NAPLES ELKS LODGE
2010 FOR ENRICHMENT TOYS TO THE DOMESTIC ANIMAL
October 14, 2025
Page 282
SERVICES DONATION TRUST FUND
Item #16A18
RESOLUTION 2025-202: RESOLUTION SUPERSEDING
RESOLUTION NO. 2018-106, AMENDING THE COLLIER
COUNTY DOMESTIC ANIMAL SERVICES (DAS) FEE POLICY,
AS IT RELATES TO THE AUTHORITY OF THE DIRECTOR OF
DOMESTIC ANIMAL SERVICES AND REFLECTING THE
OPERATING COSTS ASSOCIATED WITH ANIMAL-RELATED
BUSINESSES AND BREEDERS, WITH AN EFFECTIVE DATE
OF NOVEMBER 1, 2025
Item #16B1
AWARD OF INVITATION TO BID (“ITB”) NO. 24-8281,
“IMMOKALEE CITY SIDEWALKS AT VARIOUS LOCATIONS
(LAP),” TO COASTAL CONCRETE PRODUCTS, LLC, D/B/A
COASTAL SITE DEVELOPMENT, IN THE AMOUNT OF
$435,172.25, APPROVE AN OWNER’S ALLOWANCE OF
$50,000, AND AUTHORIZE THE CHAIR TO SIGN THE
ATTACHED AGREEMENT. (PROJECT NO. 33902, FUND
1841)
Item #16B2
APPROPRIATE AN ADDITIONAL $573,993 TO THE COLLIER
METROPOLITAN PLANNING ORGANIZATIONS
ANNUAL OPERATING BUDGET FOR FY 2025/26 AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT.
(FUND 1841, PROJECT NO. 33908)
October 14, 2025
Page 283
Item #16B3
REINSTATE AGREEMENT NO. 21-7896,
EMERGENCY/DISASTER RELATED STABILIZATION AND
RECOVERY SERVICES FOR ROADWAY SIGNS, WITH
SOUTHERN SIGNAL AND LIGHTING, INC., RATIFY THE
FIRST AMENDMENT EFFECTIVE AS OF THE DATE OF ITS
ADMINISTRATIVE APPROVAL, AND APPROVE A SECOND
AMENDMENT TO AGREEMENT RETROACTIVE TO
SEPTEMBER 14, 2025, BY EXERCISING THE SECOND
RENEWAL TERM THROUGH SEPTEMBER 13, 2026, WITH A
5% RATE INCREASE
Item #16C1
THE REVISED PAGES TO GRANT AGREEMENT L0019 WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR THE PALM RIVER PUBLIC UTILITIES
RENEWAL PROJECT AREAS 3, 5, & 6. (PROJECT NO. 70257,
FUND 4016 AND PROJECT NO. 60234, FUND 1841)
Item #16C2
THE REVISED PAGES TO GRANT AGREEMENT L0018 WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR THE NAPLES PARK PUBLIC UTILITIES
RENEWAL PROJECT 103RD/104TH AVENUES. (PROJECT NO.
70120, FUND 4016 AND PROJECT NO. 60139, FUND 1841)
Item #16C3
October 14, 2025
Page 284
AN INCREASE IN EXPENDITURES FOR THE SINGLE SOURCE
PURCHASES OF ODOR CONTROL PRODUCTS AND
SERVICES FROM EVOQUA WATER TECHNOLOGIES LLC,
AND APPROVE THE FIRST AMENDMENT TO AGREEMENT
NO. 24-032-NS, "ODOR CONTROL PRODUCTS AND
SERVICES," BY INCREASING THE AUTHORIZED ANNUAL
ESTIMATED EXPENDITURES UNDER THE AGREEMENT BY
$1,720,000 FOR A NOT-TO-EXCEED AMOUNT OF $4,220,000
PER FISCAL YEAR, REMOVING AND ADDING ITEMS TO THE
AGREEMENT, PROVIDE CLARIFICATION LANGUAGE
REGARDING ADDITIONAL ITEMS AND POSSIBLE TARIFF
REIMBURSEMENTS, AND AUTHORIZE THE CHAIR TO SIGN
THE ATTACHED AMENDMENT
Item #16C4
AWARD REQUEST FOR QUOTE UNDER AGREEMENT NO. 20-
7800 TO QUALITY ENTERPRISES USA, INC., FOR THE
REHABILITATION OF PUMP STATION 308.06 PROJECT, IN
THE AMOUNT OF $685,819, APPROVE AN OWNER’S
ALLOWANCE OF $105,000, AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED WORK ORDER. (PROJECT NO. 70141)
Item #16C5
THE CHAIR TO EXECUTE DOCUMENTS NECESSARY FOR
THE CONVEYANCE OF A UTILITY EASEMENT AND
WARRANTY DEED AND BILL OF SALE TO THE COLLIER
COUNTY WATER-SEWER DISTRICT FOR POTABLE WATER
INFRASTRUCTURE ON COUNTY-OWNED PROPERTY
LOCATED AT THE RESOURCE RECOVERY BUSINESS PARK
October 14, 2025
Page 285
(“RRBP”), AT A COST NOT TO EXCEED $200
Item #16D1
TWO (2) MORTGAGE SATISFACTIONS FOR THE HOUSING
AND URBAN DEVELOPMENT NEIGHBORHOOD
STABILIZATION PROGRAM IN THE AMOUNT OF $60,360 FOR
THOSE PROPERTIES THAT HAVE MET THEIR FEDERAL
AFFORDABILITY REQUIREMENT. (URBAN IMPROVEMENT
GRANT FUND 1805)
Item #16D2
SIX (6) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE AMOUNT OF $162,500. (SHIP GRANT
FUND 1053)
Item #16D3
TWO (2) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE AMOUNT OF $33,000 DUE TO THE DEATH OF THE
BORROWER(S). (SHIP GRANT FUND 1053)
Item #16D4
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT GRANT AGREEMENT #CD25-01 BETWEEN
COLLIER COUNTY AND BIG CYPRESS HOUSING
CORPORATION IN THE AMOUNT OF $750,000 TO FUND THE
October 14, 2025
Page 286
BIG CYPRESS – MAIN STREET VILLAGE ROOFING REHAB
PROJECT. (HOUSING GRANT FUND 1835)
Item #16D5
THE COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT GRANT AGREEMENT #CD25-02 BETWEEN
COLLIER COUNTY AND COLLIER HEALTH SERVICES, INC.,
DBA HEALTHCARE NETWORK, IN THE AMOUNT OF $290,000
TO FUND THE MARION E. FETHER MEDICAL CENTER HVAC
REPLACEMENT PROJECT. (HOUSING GRANT FUND 1835)
Item #16D6
THE CHAIR TO SIGN THREE U.S. HOUSING AND URBAN
DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) SUBRECIPIENT GRANT
AGREEMENTS BETWEEN COLLIER COUNTY AND THE
FOLLOWING ENTITIES TO SUPPORT PUBLIC SERVICE
ACTIVITIES: (1) SUNRISE COMMUNITY OF SOUTHWEST
FLORIDA, INC. ($59,588.10); (2) HOUSING DEVELOPMENT
CORPORATION OF SW FLORIDA, INC., D/B/A HELP
($125,000.00); AND (3) BAKER SENIOR CENTER NAPLES, INC.
($117,000.00). (HOUSING GRANT FUND 1835)
Item #16D7
THE EMERGENCY SOLUTIONS GRANT SUBRECIPIENT
AGREEMENT #ES25-01 BETWEEN THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE SHELTER
FOR ABUSED WOMEN & CHILDREN, INC., TO SUPPORT
October 14, 2025
Page 287
SHELTER OPERATIONS AND PERSONNEL SALARIES IN THE
AMOUNT OF $65,000. (HOUSING GRANT FUND 1835
PROJECT NO. 33949)
Item #16D8
BUDGET AMENDMENT TO RECOGNIZE $126,907.07 IN
PROGRAM INCOME FROM OVERNIGHT AND INVESTMENT
INTEREST FOR THE STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM FISCAL YEAR 2024-2025 (SHIP
GRANT FUND 1053)
Item #16D9
RESOLUTION 2025-203: RESOLUTION AUTHORIZING
APPROVAL OF A SUBSTANTIAL AMENDMENT TO COLLIER
COUNTY'S U.S DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) ANNUAL ACTION PLANS FOR
PROGRAM YEARS (PY) 2023-2024 AND 2025-2026 TO
REALLOCATE $329,706 FROM PY2023 AND $927,369.85 FROM
PY2025 IN COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS TO COLLIER COUNTY REDEVELOPMENT
AGENCY IN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA (BGTCRA) FOR A
LAND ACQUISITION ACTIVITY TO ALIGN WITH TIMELY
EXPENDITURES AND AUTHORIZE THE SUBMISSION OF THE
SUBSTANTIAL AMENDMENT TO HUD. (HOUSING GRANT
FUND 1835)
Item #16E1
October 14, 2025
Page 288
ROUTINE AND CUSTOMARY BUDGET AMENDMENTS
APPROPRIATING CARRY FORWARD BUDGET IN THE
AMOUNT OF $11,666,503.67 FOR APPROVED OPEN
PURCHASE ORDERS INTO FY 2026
Item #16E2
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR THE TRADE-IN
DISPOSAL OF PROPERTY THAT IS NO LONGER VIABLE AND
REMOVE CAPITAL ASSETS FROM THE COUNTY’S CAPITAL
ASSETS RECORDS
Item #16E3
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR THE DISPOSAL OF
PROPERTY THAT IS NO LONGER VIABLE AND REMOVE
CAPITAL ASSETS FROM THE COUNTY’S CAPITAL ASSETS
RECORDS
Item #16E4
REPORT FOR THE SALE OF 7 ITEMS AND DISBURSEMENT
OF FUNDS IN THE AMOUNT OF $18,175 ASSOCIATED WITH
THE COUNTY SURPLUS AUCTION HELD ON FEBRUARY 28
AND MARCH 1, 2025
Item #16E5
REPORT FOR THE SALE OF 37 ITEMS AND DISBURSEMENT
October 14, 2025
Page 289
OF FUNDS IN THE AMOUNT OF $131,900 ASSOCIATED WITH
THE COUNTY SURPLUS AUCTION HELD ON JUNE 20 AND
21, 2025
Item #16E6
REPORT FOR THE SALE OF 61 ITEMS AND DISBURSEMENT
OF FUNDS IN THE AMOUNT OF $1,093,845 ASSOCIATED
WITH THE COUNTY SURPLUS AUCTION HELD ON APRIL 25
AND 26, 2025
Item #16E7
REPORT FOR THE SALE OF 18 ITEMS AND DISBURSEMENT
OF FUNDS IN THE AMOUNT OF $67,580 ASSOCIATED WITH
THE COUNTY SURPLUS AUCTION HELD ON AUGUST 22
AND 23, 2025
Item #16E8
PROCUREMENT SERVICES DIVISION’S ADMINISTRATIVE
REPORT IDENTIFYING UNACCOUNTED-FOR CAPITAL
ASSETS WITH REMAINING NET BOOK VALUES OF
$39,161.15 (FY23), $3,366.56 (FY24), AND $2,137.26 (FY25),
AND AUTHORIZE REMOVAL OF THESE ASSETS FROM THE
COUNTY’S CAPITAL ASSET RECORDS IN ACCORDANCE
WITH FLORIDA STATUTES CHAPTER 274 AND CMA 5809
Item #16E9
REPORT PREPARED BY THE PROCUREMENT SERVICES
October 14, 2025
Page 290
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 $107,500.51, AND AN EMERGENCY PURCHASE
IN THE AMOUNT OF $48,000
Item #16E10
EXPENDITURES THROUGH THE EXEMPTION FROM THE
COMPETITIVE PROCESS TO PROVIDE SOFTWARE
PRODUCTS FOR THE COUNTY’S LEARNING,
DEVELOPMENT AND PERFORMANCE MANAGEMENT
PROCESSES, APPROVE THE FIFTH AMENDMENT TO
EXTEND AGREEMENT NO. 16-6621 WITH CORNERSTONE
ONDEMAND, INC., FOR FIVE YEARS, THAT INCLUDES FOR
THE FIRST YEAR AN AMOUNT OF $159,875.09 AND
SUBSEQUENT ANNUAL PRICE INCREASES IN THE AMOUNT
NOT TO EXCEED 2.5%, AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED AMENDMENT
Item #16E11
SEVENTH AMENDMENT TO AGREEMENT NO. 20-045-NS
PHARMACY BENEFIT MANAGEMENT SERVICES
AGREEMENT WITH NAVITUS HEALTH SOLUTIONS, LLC,
EXTENDING THE AGREEMENT FOR AN ADDITIONAL YEAR
THROUGH DECEMBER 31, 2026, RESULTING IN AN
ESTIMATED SAVINGS OF $67,000, AND TO INCORPORATE
THE BIOSIMILAR PROGRAM INTO THE AGREEMENT,
RESULTING IN ADDITIONAL ESTIMATED SAVINGS OF
October 14, 2025
Page 291
$1,680,000
Item #16F1
AWARD INVITATION FOR QUALIFICATION NO. 24-8312,
“ROOF REPLACEMENT CONTRACTORS,” TO CROWTHER
ROOFING AND SHEET METAL OF FLORIDA, INC.,
ADVANCED ROOFING, INC., CLAYTON CONTRACTING OF
SWFL, LLC, ATLAS APEX ROOFING, LLC, AND ADVANCED
ROOFING & SHEETMETAL, LLC, AND AUTHORIZE THE
CHAIR TO SIGN THE ATTACHED AGREEMENTS
Item #16F2
AWARD REQUEST FOR PROPOSAL NO. 25-8350, “MEDICAL
DIRECTOR AND DEPUTY MEDICAL DIRECTOR,” TO JAMES
AUGUSTINE AS MEDICAL DIRECTOR AND S. SANDOVAL,
MD, LLC AS DEPUTY MEDICAL DIRECTOR, AND
AUTHORIZE THE CHAIR TO SIGN THE ATTACHED
AGREEMENTS
Item #16F3
FIFTH AMENDMENT TO THE RADIO TOWER LEASE
AGREEMENT 787-C WITH CROWN CASTLE GT COMPANY
LLC, ALLOWING FOR THE INSTALLATION OF AN
ADDITIONAL MICROWAVE DISH ON A COMMUNICATIONS
TOWER LOCATED AT 1899 TRADE CENTER WAY
Item #16F4
October 14, 2025
Page 292
EXTENSION AND FIFTH AMENDMENT TO THE INTERLOCAL
AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY
OF NAPLES, GOVERNING THE USE OF CITY OF NAPLES
BEACH PARKING FACILITIES AND PARK AND RECREATION
PROGRAMS, TO SEPTEMBER 30, 2027
Item #16F5
1) AN AFTER-THE-FACT PAYMENT OF PAY APPLICATION 1
IN THE AMOUNT OF $92,604 DUE TO AN ADMINISTRATIVE
ERROR IN THE COMPENSATION METHOD FOR TASKS 5, 6, 9,
10, 12, AND 13 OF THE PINECREST LAKE 2-3 RESTORATION
PROJECT UNDER AGREEMENT NO. 20-7800,
“UNDERGROUND CONTRACTOR SERVICES,” WITH
DOUGLAS N. HIGGINS, INC., 2) RATIFY ADMINISTRATIVELY
APPROVED CHANGE ORDER NO. 1 FOR USE OF OWNER’S
ALLOWANCE IN THE NET AMOUNT OF $8,942, AND 3)
APPROVE AN AFTER-THE-FACT PAYMENT OF FUTURE PAY
APPLICATIONS ASSOCIATED WITH CHANGE ORDER NO. 1
DUE TO ITEMIZED TIME AND MATERIAL PROPOSAL NOT
PROVIDED AT THE TIME OF WORK DIRECTIVE APPROVAL
Item #16F6
RESOLUTION 2025-204: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2025-26 ADOPTED BUDGET
Item #16F7
October 14, 2025
Page 293
RESOLUTION 2025-205: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING RESERVES) TO THE
FISCAL YEAR 2025-26 ADOPTED BUDGET
Item #16G1
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
COLLIER COUNTY AIRPORT AUTHORITY, APPROVE A FIRST
AMENDMENT TO COLLIER COUNTY AIRPORT AUTHORITY
LEASEHOLD AGREEMENT FOR HANGAR CONSTRUCTION
WITH IMM DEVELOPMENT LLC, RELATED TO ITS
CONSTRUCTION OF MULTIPLE AIRCRAFT HANGARS AT
THE IMMOKALEE REGIONAL AIRPORT, AND AUTHORIZE
THE CHAIR TO SIGN THE AMENDMENT
Item #16I1
MISCELLANEOUS CORRESPONDENCE OCTOBER 14, 2025
October 14, 2025
Page 294
Item #16J1
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 $128,048,280.72 WERE
DRAWN FOR THE PERIODS BETWEEN SEPTEMBER 11, 2025,
AND OCTOBER 1, 2025, PURSUANT TO FLORIDA STATUTE
136.06
Item #16J2
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF OCTOBER 8, 2025
Item #16K1
RESOLUTION 2025-206: REAPPOINT TWO MEMBERS OF THE
GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE –
REAPPOINT FLORENCE HOLMES AND PATRICIA SPENCER
TO A FOUR-YEAR TERM EXPIRING ON OCTOBER 6, 2029
Item #16K2
RESOLUTION 2025-207: APPOINT DON ROMOSER AND
RECLASSIFY RONALD FOWLE AND SAM SAAD ON THE
BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT
ADVISORY BOARD – THREE-YEAR TERM EXPIRING ON
MAY 22, 2028
October 14, 2025
Page 295
Item #16K3
RESOLUTION 2025-208: REAPPOINT THREE MEMBERS TO
THE AFFORDABLE HOUSING ADVISORY COMMITTEE –
REAPPOINTING JENNIFER FARON, STEPHEN HRUBY, AND
TODD LYON TO A THREE-YEAR TERM EXPIRING ON
OCTOBER 1, 2028
Item #16K4
RESOLUTION 2025-209: REAPPOINT TWO MEMBERS TO THE
COLLIER COUNTY CITIZEN CORPS – REAPPOINTING
WALTER JASKIEWICZ AND REGINALD BUXTON TO A FOUR-
YEAR TERM EXPIRING NOVEMBER 5, 2029
Item #16K5
RESOLUTION 2025-210: APPOINT DANNY MILLER TO
THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT
COMMITTEE – TERM EXPIRING ON JANUARY 12, 2027
Item #16K6
RESOLUTION 2025-211: DECLARE A VACANCY ON THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Item #16K7
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AGAINST RTS OF BROWARD CORP., D/B/A RTS
October 14, 2025
Page 296
UNDERGROUND, AND ANY OTHER RESPONSIBLE PARTIES
FOR $40,829.29 IN DAMAGES CAUSED TO A 6’ WASTEWATER
FORCE MAIN IN FRONT OF 3313 EUROPA DRIVE, NAPLES,
FLORIDA AND TO SEWER LATERALS LOCATED AT 109, 124,
AND 215 WILLOWICK DRIVE, NAPLES, FLORIDA
Item #16K8
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF
THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AGAINST ESPERANDIEU VILSAINT, IN
THE SMALL CLAIMS COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO
RECOVER DAMAGES FOR THE REPAIR OF COLLIER
COUNTY PROPERTY TOTALING $3,306.92, PLUS COSTS OF
LITIGATION
Item #16K9
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF
THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AGAINST SIERRA UNDERGROUND CORP.
FOR $14,235.38 IN DAMAGES CAUSED TO A COUNTY-
OWNED SEWER LATERAL LINE AND ORANGE CONDUIT ON
TWO SEPARATE OCCASIONS AND LOCATIONS
Item #16K10
AFTER-THE-FACT THE FILING OF THE LAWSUIT, BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA
V. BIGI & BIGI, LLC, CASE NO. 25-CA-2221, SEEKING
October 14, 2025
Page 297
SPECIFIC PERFORMANCE OF AN AGREEMENT OF SALE
AND PURCHASE, INCLUDING ADDENDA AND THE FIRST
AMENDMENT THERETO, OF FOURTEEN UNITS WITHIN THE
“COURT PLAZA III” LOCATED AT 2671 AIRPORT ROAD
SOUTH, NAPLES, FLORIDA, AND APPROVE THE COSTS OF
LITIGATION
Item #16K11
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $90,000
PLUS $23,129 IN STATUTORY ATTORNEY AND EXPERTS’
FEES AND COSTS FOR THE TAKING OF PARCEL 1291FEE1
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K12
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $90,000
PLUS $23,183 IN STATUTORY ATTORNEY AND EXPERTS’
FEES AND COSTS FOR THE TAKING OF PARCEL 1291FEE2
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K13
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$120,000 PLUS $22,589 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1355FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
October 14, 2025
Page 298
Item #16K14
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$120,000 PLUS $22,530 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1357FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K15
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$198,000 PLUS $49,918 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1329FEE 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 #16K16
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$260,000 PLUS $18,953 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1465RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K17
October 14, 2025
Page 299
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$212,500 PLUS $55,121 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1367FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K18
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $90,000
PLUS $24,569 IN STATUTORY ATTORNEY AND EXPERTS’
FEES AND COSTS FOR THE TAKING OF PARCEL 1298FEE
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K19
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $81,000
PLUS $18,022 IN STATUTORY ATTORNEY AND EXPERTS’
FEES AND COSTS FOR THE TAKING OF PARCEL 1281FEE
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K20
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$237,000 PLUS $37,876 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1351FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K21
October 14, 2025
Page 300
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $93,500
PLUS $23,816 IN STATUTORY ATTORNEY FEES, EXPERT
FEES, AND COSTS FOR THE TAKING OF PARCEL 1305FEE
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K22
THE CHAIR TO EXECUTE THE SECOND AMENDMENT TO
THE COLLIER COUNTY LEGAL AID AGREEMENT TO
EXTEND THE TERM OF THE AGREEMENT THROUGH
OCTOBER 22, 2030, WITH AUTOMATIC ONE-YEAR RENEWAL
TERMS THEREAFTER UNLESS TERMINATED EARLIER BY
EITHER PARTY
Item #16K23
RESOLUTION 2025-212: APPOINT THE COUNTY MANAGER
OR HER DESIGNEE TO SERVE ON THE COLLIER COUNTY
COMMUNITY ALLIANCE AS REQUIRED BY SECTION
20.19(5)(D), FLORIDA STATUTE
Item #16L1
THE BOARD OF COUNTY COMMISSIONERS (BOARD)
ACTING IN ITS CAPACITY AS THE COMMUNITY
REDEVELOPMENT AGENCY BOARD (CRAB) APPROVE THE
SUBMISSION OF AN ELECTRONIC GRANT APPLICATION
SUBMITTAL IN THE AMOUNT OF $1,257,075.85 TO THE
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
FOR HOUSING AND URBAN DEVELOPMENT (HUD)
October 14, 2025
Page 301
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS FOR THE PURCHASE OF FOUR BAY STREET
PROPERTIES
Item #16M1
A REQUEST FOR REIMBURSEMENT FROM THE CITY OF
NAPLES FOR FY 24/25 IN THE AMOUNT NOT TO EXCEED
$675,000 USING TOURIST DEVELOPMENT TAX FUNDS FOR
BEACH MAINTENANCE AND LOWDERMILK PARK PARKING
LOT MAINTENANCE, WAIVE ANY IRREGULARITIES IN THE
PROCESS, AND MAKE A FINDING THAT THIS EXPENDITURE
PROMOTES TOURISM
Item #17A
ORDINANCE AMENDING THE COLLIER COUNTY LAND
DEVELOPMENT CODE TO UPDATE THE PROVISIONS
RELATED TO THE RURAL LANDS STEWARDSHIP AREA
ZONING OVERLAY DISTRICT (RLSA DISTRICT).
[PL20220003445] (FIRST OF TWO HEARINGS)
Item #17B
ORDINANCE 2025-46: ORDINANCE AMENDING ORDINANCE
NUMBER 10-06, AS AMENDED, THE MAGNOLIA POND
PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE
NUMBER OF DWELLING UNITS FROM 231 TO 550 WITH AN
AFFORDABLE HOUSING AGREEMENT, TO INCREASE THE
MAXIMUM BUILDING HEIGHTS, TO ADD DEVIATIONS, AND
TO REVISE THE MASTER PLAN; AND BY PROVIDING AN
October 14, 2025
Page 302
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED
WITHIN THE COLLIER BOULEVARD INTERCHANGE
INNOVATION ZONING OVERLAY (CBIIZO) AND PARTIALLY
WITHIN THE WELLFIELD RISK MANAGEMENT SPECIAL
TREATMENT OVERLAY ZONES W-3 AND W-4. THE SUBJECT
PROPERTY, CONSISTING OF 47.05± ACRES, IS LOCATED ON
THE NORTH SIDE OF INTERSTATE I-75, ½ MILE WEST OF
COLLIER BOULEVARD (CR 951), AND IS BISECTED BY
MAGNOLIA POND DRIVE, IN SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20240010833]
Item #17C
RESOLUTION 2025-213: 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.)
Item #17D
RESOLUTION 2025-214: RESOLUTION APPROVING
AMENDMENTS TO APPROPRIATE BUDGET FOR UNSPENT
FY 2024-25 GRANT AND CAPITAL PROJECT BUDGETS AND
ROLL OVER PURCHASE ORDERS TO THE FISCAL YEAR
2025-26 ADOPTED BUDGET
October 14, 2025
Page 303
Item 17E
RESOLUTION 2025-215: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2025-26 ADOPTED BUDGET
October 14, 2025
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:28 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
At#.."404-Apb.04--
BURT SAUNDERS, CHAIRMAN
ATTEST
RY•S1'M I K. KINZEL, CLERK
These minutes appro -ed by the Board on No V ew► 6✓1 D ,25
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 276