BCC Minutes 02/10/2026February 10, 2026
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 11, 2026
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: Dan Kowal
Burt L. Saunders
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
Troy Miller, Communications & Customer Relations
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February 10, 2026
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
February 10, 2026
9:00 AM
Commissioner Dan Kowal, District 4 – Chair
Commissioner William L. McDaniel, Jr., District 5 – Vice Chair
Commissioner Rick LoCastro, District 1
Commissioner Chris Hall, District 2
Commissioner Burt Saunders, District 3
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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February 10, 2026
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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February 10, 2026
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation: Pastor Ric Neal - Trinity Community Church of Naples ||| Pledge
of Allegiance: Ty Sherrill US Army veteran - 5 yrs as a paratrooper in the
82nd Airborne. Deployed to the Middle East as an original member of the
Multinational Peacekeeping Force in the Sinai. Founder and Director of
Peacekeepers Foundation which is a nonprofit ministry serving veterans who
suffer with invisible wounds from their service to this country.
2. AGENDA AND MINUTES
A. Approval of today's Regular, Consent, and Summary agenda as amended
(ex-parte disclosure provided by Commission members for Consent agenda.)
B. January 13, 2026, BCC Minutes
3. AWARDS AND RECOGNITIONS
4. PROCLAMATIONS
A. Proclamation designating February 10, 2026, as Greater Naples Leadership
Day in Collier County. To be accepted by Thomas Leipzig, President,
Greater Naples Leadership.
B. Proclamation designating February 16-20, 2026, as Florida Economic
Development Week in Collier County. To be accepted by Sloan Nagy,
Greater Naples Chamber of Commerce, Director of Business and Economic
Research.
5. PRESENTATIONS
A. Quarterly Tourism Update
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS
8. BOARD OF ZONING APPEALS
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9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to appoint four members to the Infrastructure Surtax
Citizen Oversight Committee.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN
THIS MEETING
B. STAFF PROJECT UPDATES
C. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Continued from the January 13, 2026, BCC Meeting.
Recommendation to approve and authorize the Chair to sign a
Resolution adopting the inventory list of County-owned real property
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declared appropriate for use as affordable housing and approve the
publication of the inventory list to the County’s website in compliance
with Section 125.379, Florida Statutes.
2) Recommendation to consider the release of two code enforcement
liens with an accrued value of $150,750 upon receipt of full payment,
in the code enforcement actions titled Board of County
Commissioners vs. K2 Housing Naples LLC, in Special Magistrate
Case Nos. CESD20230007975 and CESD20230008241, relating to
the property located at 3880 Tollgate Blvd, Collier County, Florida.
3) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Parcela
Mediterranea. [PL20230012456]
4) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for St. John the Evangelist Catholic Church.
[PL20250014174]
5) 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 and appurtenant utility easement for
Venture Church. [PL20250012142]
6) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Galleria Shoppes at Vanderbilt.
[PL20250009629]
7) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guaranty for Excavation Permit Number PL20230005334 for work
associated with Bay Colony Golf Club.
8) Recommendation to award Request for Proposal (“RFP”) No. 25-8372
“Preserve Area Maintenance,” to Earth Tech Environmental, LLC,
and authorize the Chair to execute the attached Agreement.
9) Recommendation to approve a change of venue and revised dates for
the previously approved Winter Concert Series, relocating the event
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from Sugden Regional Park to North Collier Regional Park, while
maintaining all conditions, requirements, and authorizations approved
by the Board on August 26, 2025.
10) Recommendation to accept the Annual Report on Domestic Animal
Services, utilizing waived and reduced fee initiatives for Fiscal Year
2025 (FY25).
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to approve an Agreement for the acquisition of a
Drainage Easement (Parcel 103DE) required for construction of the
Airport Road Widening (Vanderbilt Beach Road to Immokalee Road)
Project No. 60190.
2) Recommendation to award Construction Invitation to Bid No. 25-
8410, "Barron River Bridge Repairs," to Southern Road & Bridge,
LLC, in the amount of $1,076,597.00, approve an Owner's Allowance
of $107,659.70, and authorize the Chair to sign the attached
Agreement. (Project Number 66066)
3) Recommendation to approve Change Order No. 3 under Agreement
No. 21-7847, “Goodlette-Frank Road Ditch Improvements Design
Services” with Water Resources Management Associates, Inc., for
additional engineering design tasks in the amount of $169,202.00, to
extend the contract duration by 660 days, and authorize the Chair to
sign the attached Change Order. (Project Number 60102)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation that the Board of County Commissioners, as the ex
officio Governing Board of the Collier County Water-Sewer District,
approve the selection committee’s ranking and authorize contract
negotiations with the top-ranked firm, Mitchell & Stark Construction
Company, Inc./ Johnson Engineering, related to Request for
Professional Services No. 25-8374 for Design-Build Services for the
Northeast Service Area Utility Expansion Project, allowing staff to
return with a proposed agreement for consideration at a future
meeting. (Project 70194)
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D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve Services for Seniors, “After-the-Fact”
Standard Contract with the Area Agency on Aging for Southwest
Florida, Inc., in the amount of $1,356,226.00 and authorize the
associated Budget Amendments, for FY26 Older Americans Act Title
III in the decreased amount of $248,046.20. (Human Service Grant
Fund 1837)
2) Recommendation to approve and execute a Memorandum of
Understanding between Collier County and Agricultural and Labor
Program, Inc. (as the provider of Low-Income Home Energy
Assistance Program for Collier County) for the Emergency Home
Energy Assistance for the Elderly Program to coordinate referrals and
prevent duplication of benefits. (Human Services Grant Fund 1837)
3) Recommendation to approve and authorize the Chair to sign the
revised Memorandum of Understanding with the Area Agency on
Aging for Southwest Florida, Inc., and the Florida Department of
Children and Families for Adult Protective Services referrals.
4) This Item continued from the January 23, 2026, BCC Meeting .
Recommendation to (a) approve the after-the-fact electronic submittal
of the Retired and Senior Volunteer Program 2026-2027 Continuation
Application to AmeriCorps, under the Corporation for National and
Community Service, in the amount of $100,000; (b) allow the County
Manager or their designee to serve as the authorized representative for
the grantor’s electronic submission system, eGrants, throughout the
grant period; and (c) authorize the necessary Budget Amendments.
(Housing Grant Fund 1835 and Housing Match Fund 1836)
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to ratify Property, Casualty, Workers’ Compensation
and Subrogation claim files settled and/or closed by the Risk
Management Division Director pursuant to Resolution No. 04-15 for
the first quarter of FY 26.
2) Recommendation to approve the administrative report prepared by the
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Procurement Services Division for the disposal of property that is no
longer viable and remove capital assets from the County’s capital
assets records.
3) Recommendation to approve the award of Request for Proposal No.
25-8397, Comprehensive Clinic and Wellness Services, to QuadMed,
LLC, operating via its Florida registered entity Medical Care
Innovation P. Corp. ("QuadMed"), at an estimated annual cost of
$1,790,000.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve the Fourth Amendment to the License
Agreement with American Towers LLC to modify equipment on a
communications tower at the North Collier Fire and Rescue Station 10
at 13240 Immokalee Road, Naples, FL 34120.
2) Recommendation to approve an Interlocal Agreement between the
Board of County Commissioners (Board) and the Greater Naples Fire
Rescue District (GNFRD), allowing Collier County EMS (CCEMS)
to house an Advanced Life Support (ALS) Transport Ambulance and
provide the additional staffing at Station 63 on Interstate I-75.
3) Recommendation to award Invitation to Bid (“ITB”) No. 25-8406,
“Paint and Related Items,” to The Pittsburgh Paints Co., and authorize
the Chair to sign the attached Agreement.
4) Recommendation to approve and authorize the Chair to sign and
accept the Edward Byrne Memorial Justice Assistance Grant (JAG)
award in the amount of $128,108 and authorize the necessary Budget
Amendment. (Housing Grant Fund 1835)
5) Recommendation to adopt a Resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the Fiscal Year 2025-26 Adopted Budget.
G. AIRPORT AUTHORITY
1) Recommendation to provide after-the-fact approval for the submittal
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to the Federal Aviation Administration (FAA) for the Fiscal Year (FY)
2026 Infrastructure Investment and Jobs Act (IIJA) Airport Terminal
Program (ATP).
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements in the amount of
$30,223,440.48 were drawn for the periods between January 15, 2026
and January 28, 2026 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 February
4, 2026.
3) Report to the Board regarding the investment of County funds as of
the quarter ended December 31, 2025.
K. COUNTY ATTORNEY
1) Recommendation to approve and authorize the Chair to sign a Third
Amendment to the Retention Agreement for specialized FEMA legal
services on an “as needed” basis with the law firm of Baker,
Donelson, Bearman, Caldwell & Berkowitz, P.C.
2) Recommendation to approve and authorize the County Attorney’s
Office to file an Offer of Judgment (settlement offer) to Plaintiff
Dayami Leon in the lawsuit styled Dayami Leon v. Collier County
Board of County Commissioners, (Case No. 24-CA-2419), pending in
the Circuit Court of Collier County, Florida.
3) Recommendation to appoint Kerry Geroy and Sally Hawk to the Parks
and Recreation Advisory Board.
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4) Recommendation to appoint Lori Gutierrez to the Haldeman Creek
Dredging Maintenance Advisory Committee.
5) Recommendation to appoint Tamara Gubala to the Golden Gate
Beautification Advisory Committee.
6) Recommendation to appoint a member of the Affordable Housing
Advisory Committee as a non-voting representative to the
Development Services Advisory Committee.
L. COMMUNITY REDEVELOPMENT AGENCY
M. TOURIST DEVELOPMENT
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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A. Continued from the January 13, 2026 & January 27, 2026, BCC
Meetings. Recommendation to adopt an Ordinance amending Ordinance
No. 2003-37, as amended, cited in Chapter 110, Article II of the Collier
County Code of Laws and Ordinances, which regulates construction in the
public rights-of-way, to add additional right-of-way permit requirements and
a section regulating excavation activities within the public right-of-way.
B. This Item has been continued to the March 10, 2026, BCC Meeting
Recommendation to adopt an Ordinance amending the Land Development
Code, pursuant to F.S. 125.022, that revises timeframes for the processing of
applications for approval of development permits or development orders.
[PL20250010243]
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C. Recommendation to approve an Ordinance amending Ordinance 89-05, as
amended, the Collier County Growth Management Plan, specifically
amending the Future Land Use Element and Map Series by changing the
land use designation of property from Urban Mixed Use District, Urban
Coastal Fringe Subdistrict to Urban Commercial District, South Naples Toy
Storage Commercial District, to allow 60,000 square feet of gross floor area
of indoor vehicle storage, mini- and self-storage warehousing only, and
furthermore directing transmittal of the adopted amendment to the Florida
Department of Commerce, providing for severability and providing for an
effective date. The subject property is in the Coastal High Hazard Area and
located on the west side of Collier Boulevard north of Championship Drive,
in Section 10, Township 51 South, Range 26 East, Collier County, Florida,
consisting of 5.62± acres. [GMPA-PL20230012845] (This item is a
companion to Item 17D)
D. 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
rezoning property from a Rural Agricultural (A) zoning district to a
Commercial Planned Unit Development (CPUD) zoning district for the
project to be known as South Naples Toy Storage Commercial Planned Unit
Development, to allow development of 60,000 square feet of gross floor area
of indoor vehicle storage, mini and self-storage warehousing only on
property located on the west side of Collier Boulevard north of
Championship Drive, in Section 10, Township 51 South, Range 26 East,
consisting of 5.62± acres; and by providing an effective date.
[PL20230012017] (This item is a companion to Item 17D)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
February 10, 2026
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MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN KOWAL: All right. We'll bring this meeting of
Board of County Commissioners to order.
MS. PATTERSON: Commissioners.
CHAIRMAN KOWAL: Good morning.
Item #1A
INVOCATION: PASTOR RIC NEAL - TRINITY COMMUNITY
CHURCH OF NAPLES ||| PLEDGE OF ALLEGIANCE: TY
SHERRILL US ARMY VETERAN - 5 YRS AS A PARATROOPER
IN THE 82ND AIRBORNE. DEPLOYED TO THE MIDDLE EAST
AS AN ORIGINAL MEMBER OF THE MULTINATIONAL
PEACEKEEPING FORCE IN THE SINAI. FOUNDER AND
DIRECTOR OF PEACEKEEPERS FOUNDATION WHICH IS A
NONPROFIT MINISTRY SERVING VETERANS WHO SUFFER
WITH INVISIBLE WOUNDS FROM THEIR SERVICE TO THIS
COUNTRY - INVOCATION GIVEN AND PLEDGE OF
ALLEGIANCE RECITED
MS. PATTERSON: We'll start with the invocation by Pastor
Ric Neal, Trinity Community Church of Naples, followed by the
Pledge of Allegiance by Ty Sherrill, five years as a paratrooper in the
82nd Airborne. He was deployed to the Middle East as an original
member of the Multinational Peacekeeping [sic] Force in Sinai,
founder and director of Peacekeepers Foundation, which is a
non-profit ministry serving veterans who suffer from invisible
wounds from their service to this country.
PASTOR NEAL: Good morning, Commission. Good morning,
citizens of Collier County. Let us pray.
Great God, we come this morning with humble hearts. We
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come, oh, God, seeking guidance and wisdom as you have given us
charge over this community to make great decisions on this
infrastructure, its future, and how we take care of our citizenship.
And we pray, God, that the knowledge that you share with us this
morning will be imparted to our citizens with clarity, understanding,
and conviction. And we ask these great blessings in your son, Jesus
Christ' name for all to do good and to live well. In Jesus' name,
amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN KOWAL: Good morning, Ty.
COMMISSIONER LoCASTRO: Paratrooper? You jump out of
perfectly good airplanes.
MR. SHERRILL: You flew them, and I jumped out of them.
COMMISSIONER LoCASTRO: I mean, I'm Air Force. What
are you, crazy, you know? Airplanes are in great condition. Thank
you for your service.
MR. SHERRILL: You flew them, and I jumped out of them.
But I do want to say thank you for inviting me here and giving
me a chance to -- an audience for Peacekeepers Foundation.
We serve in the South Florida area, but we're growing. Our goal
is to plant one on every military base in the country. It is a
phenomenal organization. We started out with the men first, and now
my wife has joined me in the ministry, and we're actually able to
service women as well. And we certainly could use help. We could
use help from spiritual fathers and mothers that can help us as well as
funding. So if you go on our website, peacekeepersfoundation.org,
and see what you can do; see where you feel led to help us. We'd
appreciate it. Thank you.
CHAIRMAN KOWAL: Thank you, Ty. And I know Ty
personally.
MR. SHERRILL: Yes.
February 10, 2026
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CHAIRMAN KOWAL: He's a great man, and he does a great
mission. He's driven, very driven in this cause that he has in his
heart.
MR. SHERRILL: Thank you, Dan.
CHAIRMAN KOWAL: Thank you.
All right.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT, AND
SUMMARY AGENDA AS AMENDED (EX-PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) - MOTION TO APPROVE BY COMMISSIONER
HALL; SECONDED BY COMMISSIONER LOCASTRO -
APPROVED AND/OR ADOPTED WITH CHANGES
MS. PATTERSON: Commissioners, agenda changes for
February 10th, 2026. First we have moving Item 16A2 to 11A. This
is a recommendation to consider the release of two Code
Enforcement liens with an accrued value of $150,750 upon receipt of
full payment in the Code Enforcement actions titled "Board of
County Commissioners versus K2 Housing, LLC," in Special
Magistrate Case Nos. CESD20230007975 and CESD20230008241
relating to the property located at 3880 Tollgate Boulevard, Collier
County, Florida. This is being moved at Commissioner LoCastro's
request.
Next is to move Item 16A1 to 11B. This item was continued
from the January 13th, 2026, BCC meeting. This is a
recommendation to approve and authorize the Chair to sign a
resolution adopting the inventory list of county-owned real property
declared appropriate for use as affordable housing and approve the
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publication of the inventory list to the County's website in
compliance with Section 125.379, Florida Statutes. This is being
moved at Commissioner McDaniel's request.
I do have a series of agenda notes. First, when initially
published, there was incorrect companion reference between
Item 16A2 and 17B, which has been corrected; an agreement for
county property document was added as backup to 16A9 on
February 9th, 2026; the budget narrative for Item 16D4 had an
incorrect dollar amount for the Table B item descriptions. The item
descriptions for this table were corrected on February 9th, 2026; the
title for Item 17D incorrectly refers to a resolution rather than an
ordinance; and Consent Section 16D should be titled "Community
Services."
We have court reporter breaks scheduled for 10:30 and at 2:50,
if necessary.
With that, County Attorney.
MR. KLATZKOW: No changes. Thank you.
MS. PATTERSON: Commissioners.
CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have no changes and no
disclosure on the consent.
CHAIRMAN KOWAL: Commissioner Hall.
COMMISSIONER HALL: Good morning, Mr. Chairman. I
have no changes, but I have an email on 17D.
CHAIRMAN KOWAL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Just skip me. I forgot my
disclosures.
CHAIRMAN KOWAL: We'll get back to you.
COMMISSIONER LoCASTRO: And I know I have -- I know I
have one, so I'm going to look it up here. I think it's 17 -- let's see.
CHAIRMAN KOWAL: Delta, probably.
February 10, 2026
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COMMISSIONER LoCASTRO: Yeah 17C and D, I had
meetings.
CHAIRMAN KOWAL: Okay: Commissioner McDaniel.
COMMISSIONER McDANIEL: Good morning, sir. No
changes, and I did have a meeting on 17D.
CHAIRMAN KOWAL: And I have no changes also, but I do
also have meetings on 17D. And I believe, Troy, we have a speaker
for --
MR. MILLER: We do, Mr. Chairman. We have a speaker for
Item 17D, Cody Davis, and he's been ceded three additional minutes
from Sean Gallaway.
Sean, can you indicate you're here?
(Raises hand.)
MR. MILLER: Cody, when you're ready, sir. Either podium.
MR. DAVIS: Good morning.
CHAIRMAN KOWAL: Good morning.
MR. DAVIS: I'm Cody Davis, 15126 Palmer Lake Circle.
I'd like to speak about my concerns on the rezone and Growth
Management Plan Amendment related to the project called South
Naples Toy Storage. And I want to be clear that the concern I'm
expressing today is not personal to the applicant and not primarily
about the proposed use itself, although it is a clear departure from the
County's long-term vision for environmentally sensitive rural
agricultural land. My concern is about process, precedent, and
compliance with the County's own standards.
This item combines a parcel-specific rezoning with a
parcel-specific Growth Management Plan Amendment including the
creation of a brand-new subdistrict designed solely to legalize one
project on one parcel. That alone should require heightened scrutiny
rather than summary treatment.
The County's Commercial Planned Unit Development approval
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criteria asks several important questions that, on their face, this
petition appears to violate. I've reviewed the staff report carefully,
and it's clear that several of the County's most important safeguards
are treated as satisfied only if the Board first agrees to amend the
Comprehensive Plan itself. This is circular reasoning.
The criteria asks whether the proposed CPUD rezone is
appropriate, considering the existing land-use pattern. The site is
currently zoned rural agricultural, and instead of evaluating whether
that zoning still makes sense across the area, the County's being
asked to surgically rewrite the rules for one parcel to accommodate a
specific commercial use. That is not planning in harmony with an
existing land-use pattern. It's an exception carved out of it.
The criteria asks whether the rezone would result in the creation
of an isolated district unrelated to the adjacent and nearby districts.
Here, a new subdistrict is literally being created, named after the
project, and limited to a single use on a single parcel. This is the
definition of an isolated district.
The criteria asks whether the proposed change constitutes a
grant of special privilege to an individual owner as contrasted with
the public welfare. When the Growth Management Plan itself must
be amended parcel by parcel to legalize a use that's otherwise not
allowed, that is not generally applicable public policy. It's a special
entitlement.
In addition, the presence of a custom parcel-specific developer
commitment further highlights that this is not a policy decision being
applied evenly but a bespoke approval tailored to a single applicant.
Finally, the criteria asks what is labeled by the County as a core
question: Whether there are substantial reasons why the property
can't reasonably be used in accordance with existing zoning.
The staff report explicitly states, quote, "The subject property
can be used in accordance with existing zoning to develop agriculture
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uses, single-family dwellings, and schools; however, the proposed
uses and intensities cannot be achieved without this PUD rezoning
action."
These criteria are not boxes to be checked after the fact. They're
supposed to protect the integrity of the Growth Management Plan and
ensure equal treatment under the law. Placing an item of this
magnitude, a rezoning plus a Comprehensive Plan amendment, on the
summary agenda undermines that responsibility. Even if no one
objects, although I clearly do, the Board still has an obligation to
apply its own standards transparently and deliberately.
I urge the Board to remove this item from the summary agenda
and give it the hearing and scrutiny that both the law and good
governance require.
Thank you.
CHAIRMAN KOWAL: That was the only speaker we have?
MR. MILLER: I was just handed another slip for Item 17B,
Carlo Fassi. I hope I'm getting that right.
MR. FASSI: Yes, sir.
MR. MILLER: And it was 17B, correct?
MR. FASSI: Yes, sir.
MS. PATTERSON: Troy, 17B is continued to March 10th.
CHAIRMAN KOWAL: Yeah. That's not even on this agenda.
MR. MILLER: Sorry about that.
MR. FASSI: Thanks for the heads-up. May I continue, though,
or --
COMMISSIONER LoCASTRO: He can still speak on it, right?
MR. FASSI: I just want to thank the County Commissioners --
CHAIRMAN KOWAL: Sure, you can do it at public speaking
because it's not part of the agenda, but --
MS. PATTERSON: Yep.
MR. FASSI: I just want to thank the commissioners for meeting
February 10, 2026
Page 9
with us. My name is Carlo Fassi. I represent the TECO Peoples gas,
the natural gas distribution utility here in Collier County. We have
about tens of thousands of natural gas customers, and 17B would
affect the permitting process for all of our assets that are in the
publicly used right-of-way.
Thank you to the five of you for meeting with us. I wanted to
thank Keri and Jamie, both Jamies, for working with us. We had
several -- probably a few dozen different drafts of this bill, and we're
proud of where the ordinance currently stands.
That's it. Thank you.
CHAIRMAN KOWAL: Thank you.
MS. PATTERSON: Just as a correction, if he was speaking on
the right-of-way item, that is 17A, that is --
MR. FASSI: 17A.
MS. PATTERSON: That's 17A. That's --
CHAIRMAN KOWAL: We're all over the place.
MS. PATTERSON: That's okay. That item is on the agenda to
be approved. 17B is another Land Development Code issue for
revising time frames for processing of applications for approval of
development permits or development orders.
MR. FASSI: That's not it? 17A.
MS. PATTERSON: First one.
COMMISSIONER LoCASTRO: Thank you.
CHAIRMAN KOWAL: Go ahead, Commissioner.
COMMISSIONER LoCASTRO: Yeah. I just wanted to add to
the gentleman that just spoke at the podium, you know, this is a
perfect example of everything that you and our staff has done right.
You know, it's great when people come here -- in here and just dump
a big problem on the five of us without sort of vetting it out. And
you and the staff have gone through so much effort to try to come to
common ground, paddle in the same direction, meet with all of us,
February 10, 2026
Page 10
and get our perspective. It makes our job a lot easier when we know
everybody's involved and it's not just dumping on the commissioners
and, you know, have them do, you know, your homework for you.
Sometimes you come to an impasse and then you come in here.
And we're not shy from having the discussions, but I think all of us
saw how hard you-all were working together to try to come to the
podium together when it's on the agenda and give us a deep dive.
And like you said, all of the meetings and what -- that's very helpful.
I hope a lot of people learn some lessons from that. They don't need
to just run in here and say, "Commissioners, you know, decide what
to do. You're about to make a big mistake."
You-all can -- even if you get to the 80 percent solution, it helps
us to work together with you-all.
So I say, you know, my hats off to you and your staff. Like you
said, you met with all of us and to our County staff. So, you know,
we look forward to hearing the fruits of your labor. I think we know
what direction you're going in, and it's -- it's fresh. It's comforting
from some of the things that we normally take.
So thank you for taking the time to do all that you guys have
done, and to the staff as well.
MR. FASSI: May I just add a little bit more context,
Mr. Chairman?
CHAIRMAN KOWAL: Sure.
MR. FASSI: The ordinance is needed. It sounds like Public
Utilities is dealing with too many hits of their assets in the
right-of-way. And we as -- we like to think of ourselves as good
public neighbors. We understand. Just as a natural gas distribution
utility, we know how meaningful and how tedious those hit lines can
be, especially with a substance as volatile as natural gas.
So we do think the ordinance is necessary. We just wanted to
make sure that it wouldn't necessarily intrude in the work that not
February 10, 2026
Page 11
only TECO Peoples Gas is doing but our telecom partners, our
electric utility partners as well. So we're proud of where this ended
up. And again, we can't thank the staff enough for the probably
dozens of meetings and phone calls we had over the course of the last
five months.
Thank you.
CHAIRMAN KOWAL: Thank you. All right. We can move
on to approve the --
COMMISSIONER HALL: I move to approve the summary and
consent agenda.
CHAIRMAN KOWAL: Okay. So I have a motion. And
second?
COMMISSIONER LoCASTRO: I'll second.
CHAIRMAN KOWAL: All right. And a second. All in favor
of approving, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: Opposed, same sound, same sign.
(No response.)
CHAIRMAN KOWAL: The ayes have it. It passed.
Proposed Agenda Changes
Board of County Commissioners Meeting
February 10, 2026
Move Item 16A2 to 11A: Recommendation to consider the release of two code enforcement liens with an
accrued value of $150,750 upon receipt of full payment, in the code enforcement actions titled Board of
County Commissioners vs. K2 Housing Naples LLC, in Special Magistrate Case Nos.
CESD20230007975 and CESD20230008241, relating to the property located at 3880 Tollgate Blvd,
Collier County, Florida. (Commissioner LoCastro's Request)
Move Item 16A1 to 11B: * * * Continued from the January 13, 2026, BCC Meeting. * * * Recommendation
to approve and authorize the Chair to sign a Resolution adopting the inventory list of County -owned real
property declared appropriate for use as affordable housing and approve the publication of the inventory
list to the County's website in compliance with Section 125.379, Florida Statutes. (Commissioner
McDaniel's Request)
Notes:
• When initially published, there was an incorrect companion reference between 16A2 and 17B.
• An Agreement — County Property document was added as backup to 16A9 on February 9, 2026.
• The Budget Narrative for item 16D4 had incorrect dollar amounts for table B item descriptions. The item
descriptions for this table were corrected on February 9.
• The title for Item 17D incorrectly refers to a Resolution rather than an Ordinance.
• Consent Section 16D should be titled Community Services (Consent)
TIME CERTAIN ITEMS:
2/9/2026 7:55 PM
February 10, 2026
Page 12
Item #2B
JANUARY 13, 2026, BCC MINUTES - MOTION TO APPROVE
AS PRESENTED BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER HALL
MS. PATTERSON: Commissioners, that brings us to Item 2A.
This is the approval of the minutes from January 13th, 2026.
COMMISSIONER McDANIEL: Move for approval.
CHAIRMAN KOWAL: I have a motion to approve.
COMMISSIONER HALL: Second.
CHAIRMAN KOWAL: I have a second. All in favor, signify
by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: Opposed, same sound, same sign.
(No response.)
CHAIRMAN KOWAL: The ayes have it. It passed.
County Manager.
MS. PATTERSON: We are moving on to proclamations.
Item #4A
PROCLAMATION DESIGNATING FEBRUARY 10, 2026, AS
GREATER NAPLES LEADERSHIP DAY IN COLLIER COUNTY.
TO BE ACCEPTED BY THOMAS LEIPZIG, PRESIDENT,
GREATER NAPLES LEADERSHIP - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
February 10, 2026
Page 13
COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Item 4A is a proclamation designating
February 10th, 2026, as Greater Naples Leadership Day in Collier
County, to be accepted by Thomas Leipzig, president, Greater Naples
Leadership. Congratulations.
(Applause.)
MS. PATTERSON: Photo first, and then you can go to either
podium. He's going to take your picture.
CHAIRMAN KOWAL: Oh, yeah, you've got to get a picture.
Tom, if you'd like to say a few words, you can choose one of the
podiums.
MR. LEIPZIG: Thank you so much.
So on behalf of the 550 members of Greater Naples Leadership,
I wish to thank the County Commissioners for
designated -- designating today, February 10th, as GNL Day in honor
of GNL's 30th anniversary. Over the past 30 years, GNL has grown
from a single class of 30 to having over 1,200 graduates from our
master's class program.
GNL is proud of its forums that we have educated the
community on workforce housing, civility, and hurricane resilience,
and we're working on next year's forum as we speak.
And finally, I applaud the outstanding efforts of the County
Commissioners in our community. We're all proud to live in Collier
County.
Thank you very much.
CHAIRMAN KOWAL: And thank you.
(Applause.)
Item #4B
February 10, 2026
Page 14
PROCLAMATION DESIGNATING FEBRUARY 16-20, 2026, AS
FLORIDA ECONOMIC DEVELOPMENT WEEK IN COLLIER
COUNTY. TO BE ACCEPTED BY SLOAN NAGY, GREATER
NAPLES CHAMBER OF COMMERCE, DIRECTOR OF
BUSINESS AND ECONOMIC RESEARCH - MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Commissioners, Item 4B is a proclamation
designating February 16th through 20th, 2026, as Florida Economic
Development Week in Collier County, to be accepted by Sloan Nagy,
Greater Naples Chamber of Commerce, director of business and
economic research. Congratulations.
COMMISSIONER LoCASTRO: Hey, we did it. We got it in
under the wire, right?
MS. NAGY: Good morning, Commissioners.
CHAIRMAN KOWAL: Good morning.
MS. NAGY: The Partnership for Collier's Future Economy
extends its sincere appreciation to the Collier County Board of
Commissioners for recognizing Florida Economic Development
Week and for your continued leadership and continued support of
economic development in our community.
This proclamation underscores the importance of job creation,
workforce development, business retention and expansion, and
strategic industry growth in strengthening Collier County's economy.
Collier's unique public/private partnership plays a vital role in
fostering collaboration, attracting investment, and ensuring long-term
economic vitality for Collier County's residents and businesses. This
important work in our community is made possible by the Partnership
for Collier's Future Economy. Thank you.
CHAIRMAN KOWAL: Thank you.
February 10, 2026
Page 15
(Applause.)
MS. PATTERSON: Commissioners, that brings us to Item 5 --
CHAIRMAN KOWAL: Should we do a motion for the --
MS. PATTERSON: Oh, yes. Sorry. Thank you. We need a
motion to accept the proclamations.
COMMISSIONER SAUNDERS: Motion to approve,
Mr. Chairman.
COMMISSIONER McDANIEL: Second.
CHAIRMAN KOWAL: I've got a motion and a second. All in
favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: All opposed, same sign, same sound.
(No response.)
CHAIRMAN KOWAL: The ayes have it. Thank you.
Item #5A
QUARTERLY TOURISM UPDATE - PRESENTED BY JAY TUSA
– TOURISM DIRECTOR
MS. PATTERSON: That brings us to Item 5A, our quarterly
tourism update. Mr. Jay Tusa, your tourism director, is here to
present.
CHAIRMAN KOWAL: Good morning, Jay.
MR. TUSA: Great. Thank you, Ms. Patterson.
Good morning, Mr. Chairman, Commissioners. Pleasure to be
here with you this morning.
February 10, 2026
Page 16
Today's presentation provides an overview of FY '25 tourism
performance in Collier County along with early FY '26 indicators.
The focus is on visitation trends, economic impact -- economic
impact, and how tourism continues to support the local economy. I'll
also highlight how recent marketing investments performed and what
we're seeing as we move through the current fiscal year.
Thank you. I'm not sure why it didn't advance on my end, but
appreciate it.
MR. MILLER: Don't know either.
MR. TUSA: Anyway, you can see here in this slide tourism
development tax collections reached $49.83 million in FY '25. This
represents a 13 percent increase compared to FY '23 and a 2.4 percent
growth rate year over year.
These results reflect strong overnight visitation and lodging
demand. TDT continues to be a critical revenue source supporting
tourism promotion and broader county priorities.
Let's see if this will work again. There we go.
Collier County welcomed 2.8 million visitors in FY '25, up 1
percent from FY '24. Room nights increased 2.8 percent, indicating
longer stays. Visitor days grew 6.8 percent, showing visitors are
spending more time in market. Together these metrics point to steady
sustainable growth rather than short-term spikes.
Visitors generated 2.88 billion in direct spending during FY '25.
Total economic impact reached nearly $4 billion when accounting for
indirect and influenced -- induced efforts. While both figures are
nominally down for FY '24, they remain historically strong and well
above prepandemic levels. Overall, the data reflects normalization
rather than a decline in the underlying health of the tourism economy.
Tourism supported 27,580 jobs across Collier County in FY '25.
Wages supported by tourism totaled $1.17 billion, representing a
slight increase year over year. State and local taxes generated
February 10, 2026
Page 17
increased to $281 million, up 1.8 percent from FY '24. The net tax
benefit to visitors increased, resulting in $1,668 in tax savings per
household. Tourism continues to play a critical role in supporting
employment, wages, and tax relief for Collier County residents.
These economic outcomes are the result of intentional actions
taken throughout FY '25. Consumer marketing expanded into new
growth markets including Denver, Dallas-Fort Worth, and Nashville.
Existing high-performing markets were further strengthened. Sales
efforts expanded and deepened relationships across groups, meetings,
travel trade, and sports.
Broad and creative research informed campaign strategy and
positioning, international public relations launched to enhance global
awareness.
I'd also like to highlight that our destination earned four
hospitality sales and marketing international Adrian awards, one for
the travel -- one of the travel industry's most respected global honors,
including recognition for our hurricane recovery messages, Dark
Skies, and stone crab content series and our sports impact video.
You can see here in this slide, FY '25 marketing results show
strong performance in enhanced and expanded markets. Enhanced
markets delivered 5.4 percent hotel revenue growth -- an increase in
5.4 percent hotel revenue -- growth, rather, reflecting effective
targeting and increase in investment.
Expanded markets delivered 8.6 percent hotel revenue growth
increase, demonstrating success in new or nontraditional feeder
markets. These results showed targeted marketing outside traditional
markets is working and reflect performance following the Board's
supplemental $5 million marketing investment in FY '25. With the
Board's continued support, an additional $5 million is being
reinvested for FY '26. Marketing performance delivered a return on
ad spend of approximately $22 in revenue for every $1 dollar
February 10, 2026
Page 18
invested.
So I'll walk you through a summary of FY '24 performance and
how tourism supported Collier County over the last fiscal year. Now
shift to early results from FY '26, beginning with the first quarter of
the first fiscal year. These figures reflect tourism activity from
October through December '25 and provide an early indicator how
things are shaping up for the year.
During the first quarter of FY '26, TDT collections totaled
$11.1 million. This represents an 8.6 percent increase compared to
the same period last year. These early results show positive
momentum as we move further into FY '26.
Hotel occupancy averaged 62.4 percent during the first quarter
of FY '26, remaining essentially flat year over year. Average daily
rate increased 300 -- to $300.54, up 4.2 percent from the same period
last year. It's important to keep this performance in context.
Available hotel units increased 14.3 percent year over year in FY '25
with the additional 3 percent increase in FY '26 planned.
When supply is growing at this pace, maintaining or even
moderately increasing occupancy is a strong indicator of positive
market performance.
These results show that demand is keeping pace with the new
inventory while pricing power remains strong. This reinforces
Collier County's strategy of prioritizing value and revenue generated
over volume alone.
Total visitation reached 667,200 visitors, up slightly year over
year. Direct visitor spending totaled $625 million, essentially flat
compared to last year. Spending patterns reflect higher lodging costs
offset by softer spend in some of the other categories. Overall,
visitation remains resilient as we move through peak season.
International visitation totals 79,400 visitors, down 14.5 percent
year over year. Canadian visitation declined 20.3 percent, which is
February 10, 2026
Page 19
the primary driver of the over-international decrease. This trend
reflects broader factors, including currency exchange pressure, airfare
cost, and evolving travel behavior and consumer trends, not
destination-specific performance. Growth in domestic visitation,
particularly from the Midwest and Northwest, has helped offset
international softness.
From a revenue perspective, higher ADRs and strong domestic
demand continue to support overall performance. International travel
remains a long-term recovery opportunity with strategic focus on
rebuilding awareness and demand as it continues to improve.
Compared to our peer destinations, Naples continues to achieve
one of the highest ADR's in our competitive set as well as across the
state of Florida. While occupancy trails in some markets, RevPAR
remains strong in pricing strength.
This reflects Collier County's positioning as an upscale,
high-value destination. The strategy prioritizes yield economic
impact over sheer volume.
And with that, thank you for your time, and certainly thank you
for your support, and I'm happy to answer any questions that you
might have.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Thank you for the
presentation.
My question is: The -- it's a two-part question. We made an
extra investment in advertising last year. Over and above the 5- or
6 million that we typically spend, we made another 5 million. So the
first part of the question is, how long does it take for that to trickle
through the system for us to see indicators of that investment?
MR. TUSA: That happens pretty quick. I mean, you can see by
some of these numbers -- I can just go back a few slides. So this is a
result of those additional dollars being interjected into the marketing
February 10, 2026
Page 20
budget. So you can see there that we are showing positive signs of
visitation based on those dollars.
So our advertising agency has the capability to track those, I
wouldn't say in real time, but pretty close to it. So when we invest
those dollars, we can see a quick turnaround probably within a month
or two as far as numbers go.
And I do have Barbara Karasek from Paradise Advertising on
the line if anybody should have a question of the agency. But I hope
that answers your question.
And if I could elaborate on my answer, I think one thing that
we're seeing is with all the new inventory that we're having coming
online over the past year and in this year as well, we're trying to fill
new additional rooms. So when you look at our occupancy numbers,
those are based on new inventory. So all the positive things we're
doing to market, we're kind of going against ourselves a little bit and
swimming upstream and having to fill those additional rooms. So
while things might look flat, we're not necessarily flat, because we
had the increase in rooms.
COMMISSIONER McDANIEL: I understand that, yes. Thank
you. That's a good point to make.
My second question is -- and again, I only look at the TDT
numbers, the actual tax collected. And near as I could tell from your
presentation, there was a 10, $11 million spend last year, another 10
or 11 this year, and we had about a $1 million increase in actual TDT
collections.
Now, I know that doesn't translate specifically into an ROI, but
there are other indicators. I think you talked about some pretty heavy
numbers out there in additional spends that are out there in the
marketplace.
And I have one more point. I had a two-part; I thought of three.
So these are the -- these are the equations of the direct spend
February 10, 2026
Page 21
equated to the people that showed up based upon these advertising
dollars, or because they're here anyway?
MR. TUSA: That is correct.
COMMISSIONER McDANIEL: Okay. All right. My last
point, and it is on your last slide, we're No. 2 in amongst a myriad of
other counties. How much do these other counties spend on an
annual basis for advertising?
MR. TUSA: You know, I don't have the exact numbers in front
of me, Commissioner, but some of them spend a little more than us,
and some of them spend a lot more than us. I will say with the
supplemental dollars that the Board has given us this year and last
year that we've invested, that is putting us in a very strong spot to be
competitive with our competitive set you see there on the screen.
And so without those dollars, we would be all the way at the
bottom of the pack. But I would say we're probably in the middle of
it with those additional dollars being invested.
COMMISSIONER McDANIEL: Thank you.
CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
On one of the charts, you have the direct spend, 2.88 billion.
And I'm assuming that that's based on statistics that are provided to
you from the various hotels. Or how do you get to that number, but
more significantly, how do you get to the indirect spend? What is
that -- how's that data gathered? What does that include?
MR. TUSA: So that comes through our research company,
Downs & St. Germain. They have a platform in-plan, and it's used
across the country. It's widely accepted based on government data.
And so they have a model that they plug all of our information in,
and then they extrapolate out all these different metrics that you see
here that we present to the Board and to the Tourist Development
Council.
February 10, 2026
Page 22
COMMISSIONER SAUNDERS: They input the information
we provide?
MR. TUSA: Correct.
COMMISSIONER SAUNDERS: Which gets to my question.
What kind of information is provided to get to an indirect spend?
MR. TUSA: So that's based on visitation. It's based on
occupancy. It's based on hotel revenue. They also do intercept
studies. The agency does intercept studies, and they talk to visitors in
destination and market, and they extrapolate data from those folks as
well.
COMMISSIONER SAUNDERS: So that's kind of a guess, sort
of?
MR. TUSA: Well, I mean, it's not a -- it's not a guess. I mean,
when the -- there's in-person interviews. I mean, it's a sampling.
COMMISSIONER SAUNDERS: Yeah.
MR. TUSA: So with any kind of data you do, you have a
sampling, and then you take that information and then you kind of
compound it by, you know, the numbers that we have that we show
here, you know, for the entire destination.
COMMISSIONER SAUNDERS: Then the direct spend, how is
that determined?
MR. TUSA: So the direct spend is based off of an in-plan
model, and that's a standard U.S. model where they take that
information that they collect. Downs & St. Germain takes that
information they collect here in market, and they put it into that
model. And then the model then spits out that data and where the
direct spend comes from. It also calculates jobs and then it also -- it
tells wages as all. So all of those come out of in-plan.
COMMISSIONER SAUNDERS: I'm new to the tourism in
terms of the specific details, but I'll be taking Commissioner Hall's
spot, I believe, on the -- as chairing the Tourist Development
February 10, 2026
Page 23
Council, so I was just curious as to how some of this -- how some of
these statistics are actually determined. So we'll get -- I'll get more
into it as we go along.
MR. TUSA: Yeah. You'll definitely get more immersed as you
sit in that Chair seat.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN KOWAL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Jay, I just wanted to -- thank
you, Chairman.
I want to just correct one thing you said, or you correct me,
because we've had this conversation before. When you said, "With
the dollars you gave us" -- so correct me if I'm wrong. We didn't give
you dollars, okay. This is where all the news media got it totally
incorrect saying we somehow stole from Peter to pay Paul to throw
extra money at the tourism, you know, plan, marketing plan and
whatnot.
But to be clear -- and, you know, you're out there in the
community explaining what we're doing. You had the money
already, but you need our permission to spend money you've already
collected, and we gave the okay to spend the money that you already
had in your account because you proved to us that it was worth the
investment.
But, you know, I saw so many headlines. We've had this
discussion. You know, "Commissioners approve additional $5
million." No -- you know, and they make it sound like we were
taxing some citizens or we were stealing it from Conservation Collier
or -- there were all those inferences out there.
So please help us keep that message very clear. We agreed with
your assessment that to catch up to these counties who are lapping us
to see tourism drop in some areas -- we had all the CEOs here -- that
you asked our permission or authority -- because when you go above
February 10, 2026
Page 24
a certain dollar, we have to concur or approve or disapprove, and we
allowed you to write a check out of your own account and put it in
that area because of the presentations you had made and whatnot.
It's important because there's -- there's an incorrect sort of news
story out there, and it's not two or three posts on Facebook, trust me.
I follow them. We all get emails and whatnot, and when we made the
decision at the commissioner meeting, I can just say that I got plenty
of emails from people, even in the press, and I read things also in the
press that were totally incorrect.
So just keep that message clear, and the same with your team.
You know, you don't want to say, "Thanks to the Commissioners for
giving us more money." We didn't do any of that, you know, but I
appreciate the --
(Simultaneous crosstalk.)
CHAIRMAN KOWAL: And I would like add a little bit more
clarity to it, that that was not our taxpayers' money either.
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN KOWAL: That was the visitors' money that they
spent here.
MR. TUSA: Correct.
CHAIRMAN KOWAL: So it didn't come out of our taxpayers'
pocket. It was money that was collected on visitors that came here
that wanted to spend time in Collier County, and it was in your
account already from that.
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN KOWAL: So let's make that very clear.
MR. TUSA: Well, thank you. I appreciate the clarification,
Commissioners.
CHAIRMAN KOWAL: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
Excellent points. Loved them. Jay, great presentation.
February 10, 2026
Page 25
I think that you and your staff do an amazing job of putting
some thought into all of this, but for in the "for what it's worth
department," as a function of our county government, I want to
caution not to fall into the trap of feeling the responsibility to keep
RevPAR, to keep average daily rate up, to keep occupancy up. That
is a function of risk of the hoteliers. That is not our responsibility to
feel like we have to fill that gap.
So our -- you're doing a great job of getting people here. Where
they stay, how much they pay, that's their business. That's not really
our business. So I just -- in the "for what it's worth" department.
MR. TUSA: Well, I appreciate that. And just to be clear and
transparent, I mean, we have nothing to do with ADR or anything
like that. So that is all driven by hotels, and that's their world. We
just live in it.
COMMISSIONER HALL: Right. I just didn't want you to feel
the pressure as a staff to have to answer to that.
MR. TUSA: Appreciate it.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I agree with what
Commissioner Hall just said. And maybe part of it, Jay, is just your
vernacular. You came off in the presentation like it was our
responsibility, and it -- and it's clearly not our responsibility. That's
the obligation of the private hoteliers.
My other question had to do with Commissioner Saunders'
comment with regard to the dart thrown with ancillary dollars and
utilization of national figures and so on. Does our consultant actually
pull sales tax records for the County and compare to what we collect
when this extra group of people are here in relationship to not and
then utilize those numbers to extrapolate, I think is the word you
used, to come up with these estimates of additional spend?
MR. TUSA: So they pull tax revenues from the State. And
February 10, 2026
Page 26
again, they put that into the in-plan model, and that's what helps them
deliver all these numbers back to us. So they take a lot in, and then
they put it in the in-plan, and they get a lot of data out of in-plan. So
I hope that answers your question.
COMMISSIONER McDANIEL: Kind of. Do they pull the
sales -- is that part of their model that they utilize to come up with
these estimations for the spend?
MR. TUSA: Yes.
COMMISSIONER McDANIEL: Very good.
CHAIRMAN KOWAL: I don't see anybody lit up.
All right, Jay. Well, thank you for the presentation today.
MR. TUSA: Great. Thank you, Commissioners. Appreciate
your support and your investments into tourism.
CHAIRMAN KOWAL: Thank you.
COMMISSIONER LoCASTRO: Can I do something a little out
of order? It's not too bad. You just made four points.
COMMISSIONER McDANIEL: Two.
CHAIRMAN KOWAL: Go ahead.
COMMISSIONER LoCASTRO: I want to just address a
gentleman who spoke so eloquently at the podium. You know, you
came here, time from work, you know. You're wearing a great suit
and whatnot, and your points were well made.
I don't want you leaving here thinking, "God, I spoke at the
podium, and these idiots couldn't even pull it off the agenda."
We all met and have done a deep dive with looking at all the
possibilities for that. And we're going to agree to disagree, but I just
felt the need to -- because you took so much time, which I really
respect. And, you know, everything we decide up here isn't going to
please everybody, but one of the things I can just tell you, so as you
leave here and you kind of know our perspective -- and I do think I'm
probably speaking for most of the commissioners, if not all.
February 10, 2026
Page 27
Sometimes we have to vote on the thing that we hate the least.
And when people talk about making changes to the Growth
Management Plan, those changes are part of the process. Like, when
people think, "Oh, my God, that is a -- that is a huge foul." First of
all, that area's not a preserve. Just because it might have wetlands
and a bald eagle flew over it one day and somebody thought they saw
something -- and I'm not trying to be sarcastic -- but it doesn't make it
the Everglades.
And we don't own that property. Somebody owns it, and they
come to us. And I can tell you, if -- I agree with you, if I'm trying to
preserve that land as best as possible, sometimes voting for the thing
you hate the least.
You put a school there or a whole bunch of houses, okay, that's
nothing I'd think any of us would vote for. But when somebody who
owns the land comes to us and legally asks to be able to get a
variance or a change to the Growth Management Plan, I guarantee
you half of -- more than half of the gated communities around here
all got variances, changes to the Growth Management Plan.
I don't -- and I don't say that to make it sound like we rubber
stamp those things, but it's part of the consideration.
Sometimes -- you know, a tomato farm isn't going to go there ever.
And so, you know, the reality is the things we have at our disposal to
maybe make less of a -- of a decision you feel is a poor one is what
we have to -- we have to sort of -- sort of weigh.
And I would never want a school there. Do you know what the
traffic would be at that place? And so sometimes people offer that
because they go, "Well, if we offer that, then nothing will ever go
there." Something will go there. It's not the Everglades. It's not
protected wetlands.
And so I'll just speak for myself. I spent an unbelievable
amount of time with our staff, with the person who owns this
February 10, 2026
Page 28
property to figure out what's legal. The other thing, too, when
citizens just want us to all vote no, we'd have 100 lawsuits in here
that would all end in five minutes because people who own property
are allowed to do something with it, and asking for slight variations
or changes in the Growth Management Plan -- although to citizens,
they think that's sort of the key phrase to save it from ever having
anything on it. That's not really true. It's one of the things at their
disposal, but then also, too, we have a legal obligation to take a look
at what's being proposed and say, you know what, this isn't a
heavy -- a heavy ask. It's done regularly, but every project has its
own.
But, you know, more often -- or moreover, I just want to thank
you for actually coming here. What you said at the podium is exactly
what we all said in our office; "What else could go there? Is this the
thing?"
But, you know, a storage area -- trust me, everybody knows I'm
not a fan of big, giant storage areas, but, you know, we've also seen
that you kick that to the curb, something else comes that's way worse.
When people say, "That's the worst thing that can go there," I go,
"No, no, no. There's 10 things I could think of right now that are
much worse and would win in court in five minutes."
So I just didn't want you to think that, "God, they didn't even
listen to me. They just, you know, pushed it aside." These were long
meetings about this one particular thing, at least -- it's in my district,
so -- but I know the other commissioners also took due diligence to
hear from both sides.
And I heard from citizens as well, and then, you know, we have
to sort of weigh it.
So I really respect you coming here. And you spoke perfectly
on the points that we all have to weigh. But in that particular case,
what's going there, it's not illegal, immoral, or unethical. It's some
February 10, 2026
Page 29
small changes. And, you know, it's not County property that we're
giving to a developer to turn Collier County into Miami. It's not the
case.
And so, you know, what's going there is maybe the best of all
the options that will go there. But it will never be a tomato farm. It
won't be, and that's just reality.
But I really thank you for taking the time to come here. I'm sure
this wasn't the most -- you know, the most important place you
wanted to be this morning, maybe even you had to leave work or
whatever. And it really means a lot to all of us when citizens come
here and speak professionally to us. Don't just yell at us, "You guys
are crazy. You're ruining the land. You're killing all the panthers"
and whatnot. You know, I can appreciate that, but I really
appreciated your comments. And I didn't want you to think we just
sort of fluffed them off.
This was a long discussion over the last few weeks before it
even gets on the agenda. So we may still disagree, but I really
respect you coming here, and your points were exactly the same
points that we all had and the questions that we had for County staff
to try to weigh the best possible decision.
So thank you, sir.
MR. DAVIS: Thank you. Would it be all right if I very
briefly --
COMMISSIONER McDANIEL: No.
CHAIRMAN KOWAL: No, that time's up. But I would like --
COMMISSIONER LoCASTRO: You covered it all.
CHAIRMAN KOWAL: I would just like to paint another
picture since we brought this back up, because I know visually people
don't really know what we're talking about.
But if you were to look at that particular piece of property, it's
surrounded by three power stations and an FP&L power plant. And
February 10, 2026
Page 30
if I put a school there or a park, I would have 200 people who are
speaking for three minutes saying I'm crazy.
So when you break it down and you look at what's really there,
this is not unusual. This is not a bad spot for what they're going to do
there, because you'll never put anything else there. It's surrounded by
three power plants and high tension wires.
So just -- you've got to understand, you've got to look at the
whole pictures sometimes. And what we do is what we do because
we do take a deeper dive. That's why we had disclosure that we did
have meetings on that particular item before the meeting today. So
there's a lot of thought process in this.
And I do appreciate the public coming here and speaking, but at
the same time, you know, look at the whole picture. And I just want
the people to know out there that this is what we were talking about,
a piece of property surrounded by three FP&L power stations. So
thank you.
Oh, Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Since you brought it
up -- and I think, you know, Commissioner LoCastro and
Commissioner Kowal, you were -- I'm completely in accord with
what you were saying, and thank you, Cody, for coming and
speaking.
It's part of the process. The whole process for the change of use
for private property rights is part of the process for utilizing a piece
of property for something else. You're entitled to your opinions, but
that's on a limited basis with regard to the information that you have,
in fact, in front of you.
We, as has already been shared, have an enormous amount. But
people view, in error oftentimes, our comprehensive Growth
Management Plan as the Holy Grail. "It's agriculture. It's got to stay
agriculture forever." Um, no. Private property rights are sacred, and
February 10, 2026
Page 31
people who own the property have a right to change those uses. And
part of that change is the process of an adaptation to our Growth
Management Plan, our Land Development Code, and so on. So just
keep that in mind.
CHAIRMAN KOWAL: All right. We don't have an Item 6.
MS. PATTERSON: We do have -- before we move on to public
comment, we do have a new Artist of the Month. The February
Artist of the Month is local artist JoAnne Crowson who paints under
the name Joni C. She is an intuitive contemporary abstract artist
known for vibrant acrylic works that she describes as art that speaks
to the soul. Joni C. works from her studio on Shirley Street, exhibits
locally at the Coco Art Gallery in Coastland Center, and is the
founder of the Art Guild of Naples. She also recently served as
acting president of the Art Council of Southwest Florida.
Item #7
PUBLIC COMMENTS
MS. PATTERSON: With that, we'll move on to Item 7, public
comment.
MR. MILLER: I have one registered speaker on Zoom, Patricia
Cochran.
Patricia, you're being prompted to unmute yourself, if you'll do
so at this time. Patricia, you're being prompted to unmute yourself, if
you'll do that for us now. And one more time, Patricia, you're being
prompted to unmute yourself. Can you do that for us?
(No response.)
MR. MILLER: All right. That's three attempts, so we'll just
move on from there.
CHAIRMAN KOWAL: All right. Thank you, Troy.
February 10, 2026
Page 32
Item #11A
THE RELEASE OF TWO CODE ENFORCEMENT LIENS WITH
AN ACCRUED VALUE OF $150,750 UPON RECEIPT OF FULL
PAYMENT, IN THE CODE ENFORCEMENT ACTIONS TITLED
BOARD OF COUNTY COMMISSIONERS VS. K2 HOUSING
NAPLES LLC, IN SPECIAL MAGISTRATE CASE NOS.
CESD20230007975 AND CESD20230008241, RELATING TO THE
PROPERTY LOCATED AT 3880 TOLLGATE BLVD, COLLIER
COUNTY, FLORIDA. (COMMISSIONER LOCASTRO’S
REQUEST) - MOTION TO ELIMINATE THE FINES FROM
PROPERTY BY COMMISSIONER SAUNDERS MOTION
FAILED FOR LACK OF SECOND VOTE; MOTION TO REDUCE
FINES TO 25,000.00 BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER HALL – APPROVED
(COMMISSIONER SAUNDERS WAS NO LONGER PRESENT
FOR THE REMAINING OF THE MEETING)
MS. PATTERSON: Commissioners, that brings us to Item 11A.
This is formerly Item 16A2. This is a recommendation to consider
the release of two Code Enforcement liens with an accrued value of
$150,750 upon receipt of full payment in the Code Enforcement
Board action titled Board of County Commissioners versus K2
Housing, LLC in Special Magistrate Case Nos. CESD20230007975
and CESD20230008241 relating to the property located at 3880
Tollgate Boulevard, Collier County, Florida. And this item was
moved at Commissioner LoCastro's request.
CHAIRMAN KOWAL: Thank you.
Yeah, the State goes first in this particular one.
MR. YOVANOVICH: I thought it was my petition; that's why I
went up there.
February 10, 2026
Page 33
CHAIRMAN KOWAL: You're not petitioning us for anything
right now.
COMMISSIONER LoCASTRO: Can I just set the table as to
why I pulled it?
CHAIRMAN KOWAL: Yes. Commissioner LoCastro, go
ahead.
COMMISSIONER LoCASTRO: So as the Commissioners up
here -- I think it was a year or two ago, and with their unanimous
approval, I made a motion that we really take a deeper dive into fines
and that -- you know, I had discovered through the County staff that
over a five-year period we had given, what, like, $5 million in fines
out, and we collected, like, you know, less than $200,000.
And so being Santa Claus to people that basically thumb their
nose at the County and then ran up a whole bunch of fines and then
came up here to the podium -- maybe even at another meeting, maybe
not to us -- but said, "Oh, we finally cut the grass and fixed the fence,
and so our $800,000 fine, you know, we want it to all go away," and
many times it was. And what we had all agreed to is "not so fast."
That -- first of all, we want the particulars. Every case is different,
and also, that's taxpayer dollars, so that's money that goes into the
General Fund. So just wiping it away because, you know, they
finally took care of it, you know, might not be enough.
And since then -- and I've talked with Tom -- we've done a much
better job. And even Mr. Klatzkow's office has been much more
involved in the meetings where they discussed fines to say, "Hey,
let's take more of a graduated approach. Let's not go from $300,000
in fines immediately to zero." You know, maybe there's a step-down.
The reason I pulled this one is because -- and maybe we all
have, but I've heard two different stories from both sides, okay, that
all sound like they have meat on the bone, and then I also was cc'ed
on a lot of emails where I could see both parties sort of talking. And
February 10, 2026
Page 34
at times there seemed to be a disconnect, at times there didn't seem to
be a disconnect.
So I didn't pull this one to make it go to zero or to just have
them pull -- I don't know what the answer is, but I thought it was
important, especially because this does sort of -- this set precedence.
When I see these cases pop up, I think it's worth taking five minutes
or whatever it's going to take to hear it so that we can, you know, do
these deeper dives when it's maybe not as clean.
But having said that, I think, you know, hearing both people
under one roof, we'll be able to make a more, you know, eloquent or
educated decision and also know -- you know, separate rumor from
fact. So that's the reason I pulled it. And it's also a major amount.
And this is a project that benefits the community.
So we have all said before, we're not looking to go after
grandma who, unfortunately, maybe is in the hospital and didn't mow
her lawn and got a $5,000 fine for cutting [sic] the grass or somebody
that maybe had good intention, and while their fines were adding up,
they were really working hard with the County, but it was taking a lot
of time, and so the fine is sort of artificially inflated because they
were trying to get to the final solution but it didn't keep the fine from
adding up. There was some emails that sort of had a little bit of that
flavor in here.
So, you know, Tom, we want to obviously hear from you. You
know, we'll hear from the other side. And then, you know, we'll
make a ruling with a lot more detail under one roof. Because we
can't talk to each other, you know, due to Sunshine Laws, until we
get to this meeting, so I thought it would be valuable to hear it.
CHAIRMAN KOWAL: Good morning, Tom.
MR. IANDIMARINO: For the record, Tom Iandimarino, your
director of Code Enforcement. I have a brief opening statement.
The respondent, K2 Housing Naples, LLC, owns 3880 Tollgate
February 10, 2026
Page 35
Boulevard. K2 Housing purchased the property in September of
2022, and on August 4th, '23, Code Enforcement received a
complaint from the fire department that the property was advertising
for apartment rentals and that this would require additional fire
protection systems.
Upon inspection, Code could not determine the validity of the
rentals, and while on scene, observed large pieces of concrete that
had fallen off the walkway on the second floor onto the sidewalk of
the bottom floor and what appeared to be unpermitted installation of
light fixtures and security cameras.
The investigation revealed no permits on file for the concrete
repair, the new LED lights, or the security system, and the office of
the chief building official determined that permits are required.
A notice of violation was issued in September of '23 for both
cases, one for the lights for the security and one for the stucco repair.
Both NOVs that were issued in September stated that K2 must
obtain building permits or demo permits. After numerous phone calls
to their representatives, no movement forward was taking place, and
the case was heard before the Special Magistrate in July of '24. So it
was determined that violations existed for both cases, and the
Magistrate gave them 60 days to comply, or a daily fine of $250
would begin for each case.
Again, the orders repeat what the NOV stated: They must
obtain building permits or demo permits.
Even though the respondent was duly notified of the date of the
hearing, they were not present. Because the respondent was still in
violation with no permits on record, the case was brought back to the
Magistrate to impose the fines in February of 2025. The Magistrate
continued the case until the March hearing.
So for March, K2 advised that the representative was ill and
asked for a continuance to the April hearing so they could attend. It
February 10, 2026
Page 36
was granted, and the staff brought the case back in April of '25, and
even though the respondent was duly notified the date of the
rehearing, asked for this date so they could attend, they were not
present.
After the April 2025 hearing, the -- at the '25 hearing, the
magistrate imposed the daily fine that had been accruing for a total
fine amount of $51,500, that's per case, with daily fines continuing
until they came into compliance.
On May 6th, '25, the violation for the stucco was abated by
finalizing permit. Fines for this case ceased at $59,500.
On September 10th, the violation for the electrical was abated
by removing the wired security system and permitting the LED
lights. Fines for this case are 91,250.
After compliance met -- was met, I personally had a
conversation with Mr. Dan Kessler about code lien relief and asked
him -- and advised him that he does not meet the elements of the
resolution since his fines are less than 3 percent of the Property
Appraiser $5 million assessed value of the property.
I also asked Mr. Kessler as to why he did not appear or have
counsel appear before the Code hearings, and he advised that he
didn't think it was worth his time to travel in from Colorado.
Code recommends that the payment in full of $150,750 be made
to release the liens of the property. I have -- Deputy Building
Official Doug Sposito is here if you have any questions, and
Mr. Yovanovich is here to represent the respondent.
Thank you.
CHAIRMAN KOWAL: Thank you, Tom.
Any questions at this time for Tom?
(No response.)
CHAIRMAN KOWAL: No questions at this time, Tom. You
may be called back up.
February 10, 2026
Page 37
MR. IANDIMARINO: Thank you.
CHAIRMAN KOWAL: Good morning.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of K2. And Mr. Kessler is here if you have
any questions of him.
I think what wasn't shared with you-all in the brief opening
statement was all the conversations that K2 and, specifically,
Mr. Kessler did have with your staff to figure out what they needed to
do to get into compliance on the two violations. But I want to -- I
want to go back to what this project originally was intended to be and
will be.
This is the Super 8 motel that I think we all know was not well
kept and did not have the best clientele when K2 acquired the
property.
The original purpose that K2 had for the property, which was no
secret, was to convert the hotel to apartments for workforce housing,
and that's, in fact, what they started to do since 2022. They bought
the property on September 15th, 2022, and Hurricane Ian made a visit
on September 28th, 2022.
They kept the doors open. They housed emergency workers.
They've housed Moorings Park employees, NCH employees, Ace
Hardware employees in this building since it has opened.
It was approved for every one of the units to either be
rent-restricted or income-restricted, and they've been moving forward
with the rezone process, the Site Development Plan process, and the
building permit process ever since they acquired the property.
We had some difficulties with the property owners association
on the rezone. We eventually resolved those issues, got the rezone
approved in 2024. They've had to go through the expense of bringing
the site up to current site plan regulations as part of the rezone
process to convert from a hotel to apartments. They've gone through
February 10, 2026
Page 38
all that time and expense to do so.
There were two violations on this property, actually, three, but
two of them are combined into one case, and one was a separate case
dealing with the stucco and soffit issue. Both -- all of these cases
result from the prior owner's actions. Both the security system and
the conversion of halogen lighting system to LED lighting system
were done by the prior owner without permits. We had no idea that
that work had been done without permits. We did an inspection; it
looked normal. Why would you go and verify that every one of those
permits were there?
The falling down of the soffits was because of neglect and water
damage that occurred on the property, and candidly, what they did, as
soon as the soffits started to fall, they fixed, them; they shored them
up like any responsible property owner would do. Then, for some
reason, someone came out and saw the soffit work was being done,
and they said stop. Stop working, which they did. They immediately
stopped working on the soffits. They made sure they were safe.
Because people were in the units, they wanted to make sure it was
safe.
They did that work with all of the best intentions. They made
sure that nobody -- there was never an issue with life safety. We've
never been notified of an issue of life safety related to any electrical
work or any damage to the structures. All of this work was done with
the intentions of making sure that everybody who was staying in
those units could do so safely.
We met with you-all on the rezone process. They're going to
spend about $10 million fixing the exterior of the building and fixing
every one of those units. The work that they did, as I get through this
process, to address the complaints is going to be ripped out because it
was work that they did to address something that was going to be
removed in the first place. The lighting, the security camera, all that
February 10, 2026
Page 39
was going to be removed anyway as part of this process, and
they -- at no time was anybody in harm.
I'm not sure Mr. Kessler said it exactly the way Tom portrayed
it. He didn't attend the hearing. He should have attended the hearing.
But at the end of the day -- I've been to a fair amount of these
hearings -- would have been found in noncompliance, would have
been given an opportunity to cure. They didn't meet the timelines, so
they didn't show up for the hearing when the fine was going to be
imposed. I can't -- I can't unring that bell. They should have. I wish
they would have called me. I would have run right down and said,
"Hey, wait a minute. I know you're going to impose the fines. We'll
come back later to ask you to reduce them because here's where we
are in this process."
But I think it's important to understand that it wasn't clear
through this process what needed to be done to get into compliance.
And I want to take each of them separately, because it will show you
how a little confusing and how unreasonable the amount of fines are
in relation to the offense. At no time did we stick our hands in
the -- our heads in the sand. There were conversations, many
conversations with staff as to what needs to be done to get into
compliance. And candidly, it really wasn't until Commissioner
LoCastro got involved to put some clarity on what needed to be done
to resolve these issues so we could finally get into compliance.
The security cameras were installed without a permit. We didn't
know that. Initially, we were told we need to get an after-the-fact
permit for the security cameras. The security camera work is $5,000
worth of work. No contractor wanted to take on the responsibility of
fixing a $5,000 issue and the potential liability that went with that.
And guess what the ultimate solution was? Remove the security
cameras. If they had said to my client in the notice of violation, to
get into compliance, remove the security cameras, we never would
February 10, 2026
Page 40
have had a Code case. So that was the fix to the security cameras.
The next issue was with the lights. Initially they were told they
had to go back and find halogen lights that were installed with the
original construction.
Well, those are not easy to find. And when we finally found
them, that was a $20,000 fix for an LED light. We went round and
round and round, and this is where Commissioner LoCastro came in
on what was the ultimate fix for the LED lighting? The ultimate fix
for the LED lighting was get an after-the-fact permit. As soon as that
was told to us to get the after-the-fact permit, we applied for the
after-the-fact permit. Had a couple of issues with the review of that
after-the-fact permit, but eventually the after-the-fact permit was
issued, so no further work had to be done; just had to get an
after-the-fact permit. That permit was issued. The value for the work
for the LED lights, $3,200.
So remove the cameras, get an after-the-fact permit for work
that totaled $3,200, after many, many, many conversations resulted in
a fine for the security cameras and the after-the-fact lights of $91,250
for $3,200 worth of work.
So you cannot portray K2 as saying we're not going to do
anything. The record's clear, through all the emails and
conversations, as to what do we need to do. They did work at it.
Did they miss a meeting? Absolutely. They missed the fine
imposition meeting, but that doesn't mean you should fine someone
$91,000 for work that they didn't do in the first place and that was a
simple fix of removing the security cameras and just getting an
after-the-fact permit for those lights.
The next issue is the soffits. There was water damage that was
hidden. Soffits started falling. K2 fixed and shored up the soffits.
They'd got a stop work. And by the way, the soffit issue was first.
The security lights was later. It was on a subsequent visit that the
February 10, 2026
Page 41
security cameras and the lights came about. The soffit issue was
discovered first chronologically.
Getting the security camera -- I'm sorry -- the soffit fixed, they
immediately got a permit for the work. Immediately got a permit for
the work within a couple of weeks. Their struggle was finding a
contractor to come and do the work. Their first contractor that they
hired, turned out they were from Miami. One of the partners in K2 is
a developer in Miami. They were going to come do the work. He
didn't have a license to do work in Collier County, tried to work
through someone else to do that work for them, eventually had to
come and get licensed in Collier County. So there was a delay in
actually coming and doing the permit work for the soffit. But the
work had been shored up and the work -- and the safety issue had
been addressed so nobody would be harmed.
The -- it would have been negligent not to address the soffit
issue immediately. And honestly, it was confusing to me. Because
all the different hurricane issues that were going about at the time, I
wasn't even sure he needed to get a permit to address water damage
that was a result of all the storms that we've had since they've opened.
It starting with Hurricane Ian and several other storms after that. So
they did the emergency work. They stopped the work as soon as they
were told to stop the work.
That work cost $125,000 to do. Throwing on an additional
$59,000 in fines to do this work we believe is unreasonable,
especially since that work's going to be ripped out again when they
come through and they redo the $10 million worth of renovations that
they're proposing.
This is an unusual circumstance in that this is -- it was a
poorly-run and dilapidated hotel. They came in with a plan of
renovating that hotel for workforce housing. They were the first of
the two hotels. Stix did the other one in Golden Gate. They were the
February 10, 2026
Page 42
first ones to start the process with the County; they were the second
one to finish the process with the County to do this work.
So this is a good project. It's an affordable housing project for a
majority of the units. The other units are all rent controlled. If you
remember, 100 percent of these units owed -- 30 percent of the units
are at the 80 percent and 100 percent category, and the remaining
units are capped at the 120 percent rent category. They're not income
restricted, but they're capped to address the other portion of the
workforce.
So the violations were never a health, safety, and welfare
violation. My clients never ignored staff. They missed a meeting,
but they never ignored staff on trying to figure out what to do.
The security camera and the lighting was not a clear process as
to what to do to get into compliance. We were told different things.
Commissioner LoCastro helped. We finally got that resolved, and
that work was done immediately. We never once said to the County
staff, as my dad would -- oh, I won't quote my dad. But go my -- we
never said, "Screw you. We're not going to do this." We did try to
get into compliance. We worked with your staff.
It was never a quick and easy process for the security cameras
and the lighting. Clearly, $3,200 worth of work resulting in
an -- and, actually, no work was done. It was just an after-the-fact
permit for lights that someone else changed out. I don't even know
how they know the lights were changed out. They had a -- must have
gone back to look at the plans to figure it out.
But the plan -- the lights were changed out. They were worked
on by others. A $91,250 fine for security cameras that got removed
and an after-the-fact permit is clearly excessive, not related to the
severity of the violation. At no time was anybody in danger.
And then another $59,000 for repairs that were done because of
the neglect of the prior property owner to get the -- to make sure that
February 10, 2026
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the accommodations were safe for those workforce housing people
that were actually living in the hotel at the time is unreasonable.
The -- all this work -- you know, we have -- there's the legal
term "economic waste," because we're going -- that stuff's getting
ripped out anyway to get redone. To throw these fines on top of this
work that is going to get ripped out and redone as part of a process to
upgrade this property to safe, decent housing for our workforce we
believe is unreasonable.
And we believe under the circumstances it is appropriate to
respectfully request that the fines be forgiven, because this is an
affordable housing project. There was effort to get into compliance.
I won't share with you some of -- the other K in the K2 isn't
here. That was the person who was supposed to attend these
hearings. They didn't show up, so Mr. Kessler was put in a hard
position. But in any event, this is a project that is good for the
County. Dan Kessler worked very hard to keep this place open
during -- after Hurricane Ian. They worked diligently to get the
permitting in place to convert this to apartments from the hotel units,
and to throw these additional costs on this project we think is
unreasonable, and we request a reduction in the fines.
CHAIRMAN KOWAL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
So that's, you know, basically what I've been hearing for months
and months and months, you know, from both sides. So here's what I
will say, and this is where I look for my colleagues. You know, we're
trying to make sure we just don't wipe something away or we
over-fine somebody who was really trying to be sincere. But here's a
couple of statements, and then see what my colleagues have to say.
There's no question that you're taking an eyesore and turning it
into much-needed housing, an eyesore that nobody want to
deal -- wanted to deal with. And you're actually expending dollars
February 10, 2026
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where it would be cheaper to probably just tear the thing down and
make it a dog park or something like that where -- you know, and
you've got several partners who are highly regarded in the
community that are working with you.
Having said that, it doesn't disregard following the process. It's
already been said here you shouldn't have missed the meeting. That
alone right there, if you would have come to the meeting, then you
would have just taken a big chunk off of our Code Enforcement's
laundry list saying, you know, this person has done everything
humanly possible. You could have sent a rep. Could have Zoomed
in, could have called, could have asked for an extension.
We're dealing with millions of dollars here. So if this isn't the
biggest project you're working and, you know, you have -- and I don't
mean to be sarcastic. But, you know, if you have other things that are
more precedent -- you know, have more precedence, then you really
can't complain if maybe we're going move to forward without you
and, you know, bad things are going to happen.
But having said that, I was on a lot of the emails that went back
and forth, and I don't think either side can dispute there's been so
much money wasted I think, in some cases, needlessly that could
have been rolled back into the project.
And I did see some emails. So in fairness, unless I
misinterpreted them, I read a lot of emails and even interjected in
there to try to get myself smart on, you know, does the right hand
know what the left hand's doing? Do we have another Abbott and
Costello Show here? Because I saw emails where the County was
directing one thing, you did it, and then, you know -- and I'm
paraphrasing here, but at least my takeaway was, then somebody else
from the County said, "Oh, no, you did the wrong thing. Pull all that
stuff out." And unless all those things were free, you were expending
a lot of dollars, and it seemed like in good faith, and there was
February 10, 2026
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just -- there was just a lot of confusion.
And I'm not saying that to throw spears at the County. I think
there was -- maybe you-all should have had a meeting instead of
trading, you know, a dozen emails. And I think I even suggested that
in there. "Why are we all hitting reply, reply, reply?" This is a phone
call to make sure that, you know, before you expend tens of hundreds
of thousands of dollars that could be rolled into the project, maybe
somebody talk to each other. I'm not sure that that ever happened,
but I was trying to sort of speed that along.
I saw things in the conversation that was mentioned here about,
you know, slowdowns due to the hurricane, notes to the staff that
were very confusing. And so while you were waiting or we were
waiting for the right answer, the fines kept sort of adding up. And
that's one of the things I think that in good faith here we want to take
into consideration. You know, if actually you are talking to the staff,
but you're waiting a week for a reply and saying, "Look, I don't want
to waste any more money until somebody actually tells me the right
answer, not an answer," those are the things that could affect the fine
being, you know, overly inflated.
The whole halogen to LED, I mean, if I printed all those emails
out here, we wouldn't be proud of any of them. I still don't
understand, sort of, what was going back and forth. We were saying
one thing. You were saying something. They were saying
some- -- and meanwhile, tick tock, tick tock, tick tock. The cash
machine -- or the cash register is continuing to add up.
But I look at it -- you know, in conclusion, I did see a lot of
wasted, you know, time here both sides that led to what I think
are -- I won't say an inflated fine, but the fine to be as high as it is.
And so Tom from Code Enforcement isn't coming here banging
on tables saying it's 150,000 or we're breaking the law. He's doing
exactly what we've told him to do from a year or two ago when we
February 10, 2026
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said, you know, "Tom, follow the procedure. It's not your job to
figure out sort of where the discount might be. And if we think
there's extenuating circumstances, you tell us worst-case scenario."
I do look for his guidance. If he thinks we're doing something
illegal, immoral, or unethical, or if he goes, "You know what, this
isn't an inflated fine. Some of the emails you saw were just a
snapshot of much bigger conversations where, you know, we've got
the applicant now sort of crying foul, but there was a whole plethora
of emails, meetings missed, emails that we did say exactly what we
needed to do."
You know, maybe I only have a small piece of the whole story,
but the pieces I saw were very sloppy on both sides, and meanwhile,
the fine cash register's clicking off.
So I don't know what my colleagues think, or maybe they've had
meetings or they saw. This is obviously something that maybe I had
a little bit deeper dive in. But I look at it as you're bringing
something to the community that we need.
I'd like to see the money rolled into the project. It doesn't mean
you're above the law. And if, you know, we sit here and say, "You
know, all those are great things, but I'm not here to sort of cut you a
break, but" -- I feel pretty confident that that 150- is worst-case
scenario. And I saw enough things in the email that if those would
have been tightened or removed, you'd still -- you'd still have a fine.
So if your counsel is sitting here trying to make the 150- go to zero, I
can tell you that might be a bit of a stretch.
You know, I'm a little ticked in the fact that you missed the
meeting. You know, I don't want to punish you $150,000 for it -- and
there's a lot of lessons to be learned here, but there again, I'll end it by
saying the reason I pulled this one is I thought there were -- I know
there were a lot of extenuating circumstances.
So, you know, at times maybe we've, you know, figured out
February 10, 2026
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what we thought was fair and equitable, because we also want to send
a signal to other developers. "Hey, don't drag your feet on things. If
you truly are getting the Abbott and Costello Show or
miscommunication from the County staff, you have to, you
know" -- are you guys listening? You-all paying --
MR. YOVANOVICH: Yes.
COMMISSIONER LoCASTRO: So, you know, I think what
we're trying to send to the -- also to other developers that maybe are
doing a really great project for the County, look, if you're going back
and forth and the emails and the conversations are disjointed, reach
out to us or pick up the phone or don't miss the meeting. So
this -- you know, we always talk about precedent in here. I don't
want to send a signal that if you finally come to the last meeting and
say, you know, "I'm doing a good thing for the County, and I
apologize for all the missteps or whatever, and, you know, maybe we
could have all done this better," that, you know, there's still not
responsibility on both sides, and then that's where I think we look at
it and we go, if 150,000 is worst-case scenario -- shoot, I think you've
already flushed almost that amount down the toilet with stuff you've
paid for, that you ripped out, stuff you put in that then we heard was
no longer needed, and, you know, that's a fact. There was some of
that floating back and forth.
So, you know, my position is, I don't know what the magic
number is, but I think it's less than 150-, but it's more than zero. And
so, you know, maybe I need to sit here and sort of think about it and
make a motion for a number.
But I'll hear what my colleagues have to say, because this is a
County thing. We'll have other projects in other districts, and, you
know, this is something that's not just, you know, this one project.
MR. YOVANOVICH: May I respond?
COMMISSIONER LoCASTRO: Yeah. I'm finished, thank
February 10, 2026
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you.
MR. YOVANOVICH: Yeah, I'm sorry. I was listening to you
when I was following up on...
Here is my thought. Honestly, I don't think there should be any
fine associated with the security lights -- the security camera and the
lights. That's $100,000 worth of fine. But keep in mind, I recognize
that there was $150,000 of total fines. Do you want to --
CHAIRMAN KOWAL: Actually, I have three commissioners
lit up right now. If you want to have them speak, and you can answer
all three of them with their concern.
MR. YOVANOVICH: That would be great.
COMMISSIONER SAUNDERS: I would suggest that you do
that.
MR. YOVANOVICH: Wait, okay.
CHAIRMAN KOWAL: Yeah.
Commissioner Saunders, go ahead.
COMMISSIONER SAUNDERS: All right. Well, thank you.
Thank you.
I mean, you know, code enforcement is one of those areas where
we just simply do not do enough enforcement on individuals that are
letting things on their property become hazards or become eyesores
and simply are thumbing their nose at the whole process. This is not
the case here. And the fact that he missed a meeting, to me that's
irrelevant. The code enforcement process went forward with the
individual there or with the individual not being there. I don't want to
hold you in contempt of a hearing and punish you for missing a
hearing. To me that's irrelevant.
What's relevant is that I think this property owner has actually
done everything reasonable to move this along in a positive way to
fix the problems that this -- that the individual did not create.
I think there is a number closer to zero, and I'm going to make a
February 10, 2026
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motion to basically eliminate the fines because I think this property
owner, first of all, did not create the problem. There was
circumstances involving water damage from a hurricane, which, you
know, thank you for taking the action necessary to protect the health
and safety of the people living in that facility. That was the
responsible thing to do.
We're not dealing with someone who simply thumbed their nose
at the County. And most of the time we are dealing with people like
that, but this time we're not.
I'm not in favor of eliminating fines for people that are violating
our codes. But I do recognize that Code Enforcement is not
a -- designed to be a revenue source for the County. Code
Enforcement is designed to get compliance, and we have a technical
issue here. To me that's one that I don't think the property owner
should be punished for.
So I'm making a motion basically to waive the fines. Now, we
do have, what, some administrative expense. Has that been paid?
MR. YOVANOVICH: We paid those. Yeah, we would not be
allowed to be here without paying those administrative fines.
COMMISSIONER SAUNDERS: Okay. I think that's sufficient
under the circumstances. This is going to be a nice project for our
workforce, and I don't see any need to belabor this any longer. So
that's the motion, Mr. Chairman.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I've got a question for
Tom, because it's been mentioned multiple times that they've -- the
owner, Mr. Kessler, whatever part of K you are, missed a meeting.
And I know I went off to the bathroom there while you were giving
your presentation, but I think I heard about three hearings that were
set, and no one attended from this organization at all.
MR. IANDIMARINO: Correct. He missed the initial hearing,
February 10, 2026
Page 50
missed the first imposition that code extended, and then missed the
imposition -- the second imposition that -- well, we continued the
second one at his request. So that's fine. So the final imposition. So
he missed that one as well, the one that he wanted somebody to be
there. So, correct, three meetings, three hearings.
COMMISSIONER McDANIEL: So there was more than one
meeting, No. 1. Number 2, I guess my question is when someone is
not in compliance and the hearing is set and they show up, what
typically occurs?
MR. IANDIMARINO: More often than not, the Magistrate will
ask him, you know, what have you done to abate the violation, and
he'll listen to them. If the Magistrate has -- as you guys know, the
Magistrate tends to hold back some of these impositions to continue
to allow the persons to come into compliance. We've seen that with
other contentious issues in the county. The Magistrate wants to hold
those because he works for you guys. He wants to be able to make a
good assessment and a good judgment without having it to come to
the Board.
COMMISSIONER McDANIEL: Except for when I'm not
mowing my grass, and then he's hammering me. He goes and hires
somebody to mow my grass, so...
MR. IANDIMARINO: Exactly. We'll cut the grass for you.
But the reality of it is is the Magistrate looks at all the -- weighs
all the factors, mitigating and extenuating factors, and he'll reduce
those fines.
The only time he imposes is when they don't show up -- well,
the only time he imposes the full amount is when they fail to show
up. There are a few side occasions when he does as well. But if you
show up -- if Mr. Yovanovich would have been there, I'm certain that
Magistrate Neale would have granted the continuance to allow them
time to come into compliance and then brought them back in to do
February 10, 2026
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exactly what you gentlemen are doing right now, so...
COMMISSIONER McDANIEL: Right. And that's kind of sort
of where I'm leaning, just -- I mean, ultimately, we're going to come
to a vote and make a decision.
But from what's been shared with me, no one's -- no one's
perfect with regard to this -- there were multiple opportunities for the
K2 folks to show up, respond to what was going on. I agree with
Commissioner -- or not Commissioner -- Mr. Yovanovich that the
swap in the halogen lights without a permit was somebody else's
fault, and they got caught for whatever reason.
But on the same token, it doesn't alleviate the responsibility of
not showing up. When a hearing's sche- -- and, again, a phone call
and you could have trotted down here, spoke with the Magistrate, let
him know what was going on, and then our staff would have felt like
some kind of correspondence was, in fact, going on.
CHAIRMAN KOWAL: Thank you.
MR. YOVANOVICH: Is that the last light?
CHAIRMAN KOWAL: No, we're all lit up. And actually, I'm
going to get to Tom, too, and Jamie after, and then you can respond
on all of this.
So, Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
Tom, was there a permit immediately pulled for the soffit issue
or no permit?
MR. IANDIMARINO: The permit for the soffit was
issued -- was pulled, I do believe, in February of '24, which was
relatively -- which was before it went to initial hearing, so they did do
that.
COMMISSIONER HALL: Okay. So it was two weeks after
the --
MR. IANDIMARINO: It was a little bit later than that, but it
February 10, 2026
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was --
COMMISSIONER HALL: I was confused there whether there
was a permit or compliance or noncompliance.
MR. IANDIMARINO: Yeah. The building -- that was
pulled -- the NOV was issued in September. They pulled a permit in
February for the soffit. They didn't get a permit for the electrical
work until after the imposition in March --
COMMISSIONER HALL: That's fine. I was just curious.
MR. IANDIMARINO: I'm sorry, in May of '25.
COMMISSIONER HALL: I'm not -- I'm not really concerned
about the lights at all, but I was confused there on the concrete work.
First of all, it wasn't a missed meeting. It was missed three.
And, you know, whether the Super 8, when purchased, was in bad
condition or, you know, if there was something hidden, that's a risk
that everybody takes. I had those same risks when I purchased
properties. That's not the people of Collier County's fault.
We have Code Enforcement versus Growth Management. We
have Code Enforcement saying you're out of compliance. We have
Growth Management saying this is what you have to do or don't have
to do.
Code is pretty clear and indicative. I can see where Growth
Management is a definite potential for confusion. I hear the stories
all the time, "Do this. Don't do that." Here's an inspector, "I like this.
I don't like that." Another inspector comes, "I'm sorry, this is not
right. Do this." I mean, there's -- there's definitely -- definite room
for improvement with -- for us.
I'm wondering, you know, what is absolutely necessary in this
situation versus government process just being in your face. I
don't -- you know, whether it's halogen lights or whether it's LED
lights, I personally could give a rip. You hit the switch, and both of
them light up the night so people can see. I don't think that it's our
February 10, 2026
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business whether they're -- whether we're compliant to what was put
in 20 years ago, which that's halogen lighting. LED is much more
efficient. And I don't see us -- it being our place to get all balled up
in that. But we got balled up in that process.
And with saying that, we do have a process, whether it's state
statute -- you know, whether it's state statute, or whether it's our own
local code, we have a process that we like to follow. And that
process is not perfect, and I would like to see it get more perfect. I
would like to see our process allow us to think more openly and with
more common sense instead of the letter of the law. You're not in the
letter of the law. This is halogen LED. You have to put the halogen
in and you have to go find those lights, I mean, that's, like, stupid to
me. That doesn't make good common sense.
Whether the -- you know, whether it was done without a permit
or with a permit, it's done -- if it was done without a permit, it needs
to have a compliance permit immediately, and we should be able to
work with that immediately to get that done.
Missing the meetings, a thousand-dollar ticket from Colorado
could have saved four days’ worth of fines. It was -- you know,
there's a -- there is an appearance of total neglect here by the
respondent. At the same time, there's -- you know, there's -- they
show a strong intent to comply, whether they did that on a timely
basis or not.
So I'm with my colleagues. I could care less about the lights, the
fine on the lights, the compliance on the lights. At the same time,
just the total disregard of our process sticks in my craw a little bit.
I'm with Commissioner LoCastro. I don't see it being zero, which if
we vote it to zero, I'm fine with that.
But I would like to see -- you know, there's
consequences -- actions have consequences. So does lack of action.
So if we need to -- you know, if we need to stick something on there
February 10, 2026
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for just precedence going forward...
I love the project. I love what it's for. If we vote at zero, I'm
happy with that, but at the same time, I don't like that -- just the total
neglect of the appearance of that. I don't want to set that precedence
as going forward to other people that said, "Well, you know, they did
this, and they got it to zero, and they showed good intent," that's fine.
But we've had this property since September of '23. We had the first
hearing July of '24. Ten months later it got extended and still not
present.
I don't -- I'm not weary. I'm not aware of all of the inner -- inner
emails and all the conversation.
I'll let somebody make a motion, and I'll decide what to do. But
I'm not really for zero. I'm not anywhere interested in anything close
to 150,000. Anything even close to 10,000. I'm somewhere -- I just
want to see lack of action and total neglect be paid for, because
it's -- I don't think the people of Collier County are interested in
collecting a big fine, but they're not interested in being ignored either.
CHAIRMAN KOWAL: Well, we do have a motion so far from
Commissioner Saunders for zero, but we have not had a second yet.
But like I said, we still have some discussion here, and I'd like
to -- I'd like to ask something of Tom and the staff real quick,
because I want to get a little clarity on -- because, like I said, we
heard two stories, I think, over and over. And when you hear
both -- each side, you're like, "Oh, that makes sense." And then now
in reality when we're putting this -- mashing this all together, we're
going to come to a point we're going to have to make a decision here.
And, Mr. Kessler, you got to respect the process, you know. I
mean, we -- this is -- we have staff out there working, and they're,
you know, entrusted in our citizens -- and they work for our citizens
here. And, you know, they've got a job to do.
And I'm not one to -- you know, I don't feel great with the fact
February 10, 2026
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that you decided not to show up for whatever reason or whatever it
was, you know, at the initial hearing and then, of course, the second
one was continued. And then the third one was on your own
circumstances and set by your own people to be there. And the
Magistrate granted that, and nobody showed up again. So to me
that's a little bit -- you know, that's kind of insulting the good people
that work for this county entrusted by the citizens here.
I just want to get a timeline, because when I hear the
stories -- and I've heard both sides of the story, the staff's side and
their story. We know that Greater Naples at some point
was -- responded to this property because it went from being, like, a
retail hotel-type setting to they were starting to rent it to people, and
there was another layer to a permit or something like that.
MR. IANDIMARINO: Yeah. They -- Fire called Code and
advised that there was a -- they were renting out units. That would be
a change of use. When Code arrived on scene, we couldn't determine
the validity of those rentals at that point in time, so we closed that
case.
CHAIRMAN KOWAL: Okay.
MR. IANDIMARINO: But while there we saw that the stucco
had fallen, and we saw the lights, and we, you know, opened up those
cases while we were there.
CHAIRMAN KOWAL: Okay. So there was an execution of
violation on some day in September 2023, correct?
MR. IANDIMARINO: '23.
CHAIRMAN KOWAL: And this is where I get foggy, because
when you read the more verbiage of what they were given in a
written letter, in there it kind of stated that all they had to do was take
these violations down at the time, and it wouldn't have been a
problem?
MR. IANDIMARINO: Correct. All of --
February 10, 2026
Page 56
CHAIRMAN KOWAL: But I'm getting from the other side that
they never had clarity of that. So can I -- can you -- because when
you said yesterday, you didn't say that. You said get a demo permit.
MR. IANDIMARINO: Correct. All of our NOVs --
CHAIRMAN KOWAL: And that's two different things.
MR. IANDIMARINO: -- are basically relatively the same.
They say, you know, either return it normal -- or original permitted
conditions by obtaining a permit for demolition of what you installed
or by permitting what you installed.
So you can permit the lights to change the lights, or you can
demo and put back to original permitted conditions. That's our
standard orders -- that's our standard NOVs and what's also standard
written in the orders by the Magistrate and the Code board. So from
the beginning, they know that they can do A or B, and that's basically
it.
CHAIRMAN KOWAL: Okay. So -- and I think the confusion
was, when I was hearing the other side, was that that was not clear to
them. They could have just taken the cameras and the lights out, and
that would have ended that particular portion of the fine.
MR. IANDIMARINO: I think oftentimes, Commissioner,
people get confused because they want to keep what they have, and
they try to find a way to keep what they have, and as they continue to
try to find a way, they continue to find another way and another way,
and they can't quite get there. So they finally say, you know what,
I'm just going to tear down the chicken coop since I can't get the
chicken coop permitted.
Same story with that versus the lights so -- or the security
system. If they can't get it permitted, it's just not worth the squeeze to
do it, rip it out, call it good, be done with it.
CHAIRMAN KOWAL: Okay. So it's an assumption they went
that route even though -- and they could have tore them out at that
February 10, 2026
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time. That's more of an assumption. We don't know that that's their
mindset.
MR. IANDIMARINO: Correct.
CHAIRMAN KOWAL: Or were they under the assumption that
they had to get a permit and figure it out from there? But, I mean,
that's just -- I'm just trying to get the timeline.
MR. IANDIMARINO: Understood.
(Commissioner Saunders left the boardroom for the remainder
of the meeting.)
CHAIRMAN KOWAL: Because I'm trying to get the exact
language. I know Mr. French wanted to say something in reference
to --
MR. FRENCH: Thank you, Commissioners. Appreciate your
time. For the record, Jamie French, your department head for Growth
Management and Community Development, which does include
Code Enforcement.
Mr. Sposito, our deputy building official, who's also a former
licensed general contractor and, of course, a licensed building
official, as one of the five authorities having jurisdictions, one being
the local government, under 553.80 -- and I certainly appreciate what
Mr. Yovanovich -- and I've worked with Rich and learned from Rich
over the years.
But the bottom line is the only authority that has the ability to
regulate or to interpret the Florida Building Code is your building
official, and that's any community or school district or jail. At the
end of the day, you've got probably about three or four different
individuals that work in this, including Mr. Sposito.
So I appreciate that the applicant -- or the appellant is basically
saying, "Well, I got a different story every time." They're not
speaking to a building inspector. They're speaking to one of these
three or four people.
February 10, 2026
Page 58
The bottom line is this property has a history with me because I
remember working with Matt Holiday from Naples Community
Hospital when they were unlawfully occupying and utilizing these,
and there was a conversion issue where I actually worked with the
original general contractor from Miami, that they had people living in
there during Hurricane Ian. And it was me that asked the fire
department to go in there and put them on fire watch so that we had a
safe place for these -- Mooring Park and for the NCH, and the fire
department was great.
Now, where it went from there, I don't know. I trusted that the
property owner would be working with their general contractor who
eventually ended up and fired themselves.
So I know Doug did work with the property owner
representation or their contractor. They could have converted this
back to what it originally was. But there was work done when they
originally bought this to convert this into living. The Florida
Building Code does not allow for that. You have to go through that
change of use.
So Fire has been with them from Step 1 on fire watch training
their employees so that we allowed for occupancy. We did work
with Rich on the Stix project there at the Golden Gate Golf Course.
And eventually what happened is that K2 followed, and that was a
miraculous 60-day PUD. We're proud of that one, and it offers other
livable options.
But we have worked with this property owner for several years.
You issue better than 4,000 permits per month. And I would only -- I
would only ask just to back staff a little bit on -- in my 22 years here,
rarely have I had anyone show up here and say, "Well, I got a
different story every time."
We recognize that, and we do try to create consistency. And if
you've ever used our portal software, it is concise. It tells you exactly
February 10, 2026
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what you need. It makes code references.
And so I appreciate the fact that maybe they don't know, but
when they hire a contractor, that licensed contractor, they take
on -- they take almost an oath to their license to say, "I know the
code. I know your Land Development Code, and I know the Florida
Building Code, and I know the Florida Fire Prevention Code in those
fields that I'm supposed to work."
And again, Mr. Sposito's here to -- if you've got any questions
on the timeline, Doug's been involved with this one. He can certainly
answer them.
CHAIRMAN KOWAL: Thank you, Mr. French.
Tom -- or maybe you can even answer this, Rich. Can you
break down the two fines?
MR. YOVANOVICH: Yeah, I can. Yeah, I've got it. It's -- the
fines for security camera and the lights.
CHAIRMAN KOWAL: And the lights.
MR. YOVANOVICH: Was $91,250. And the fine for the soffit
work is $59,500.
When it's my turn, let me know, because I'd like to talk about --
CHAIRMAN KOWAL: That was 59-. What was the last part
of that?
MR. YOVANOVICH: Five hundred. 59,500.
COMMISSIONER HALL: How much of that was penalty?
MR. YOVANOVICH: That's all fine -- every part of that
is -- the fine's a penalty. There's no -- there's no -- so if I can,
whenever --
CHAIRMAN KOWAL: Commissioner LoCastro still wants to
make a comment. I believe our person who made the motion had an
appointment. He had to leave.
COMMISSIONER McDANIEL: He left.
COMMISSIONER HALL: His motion still stands, he said.
February 10, 2026
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COMMISSIONER McDANIEL: His motion fails without a
second.
CHAIRMAN KOWAL: Yeah, I understand that. I know. I just
want to hear another one.
COMMISSIONER LoCASTRO: I'm going to try to land this
plane, as we always say, okay. I don't want to turn this into Costco.
CHAIRMAN KOWAL: Commissioner LoCastro. Hey, we've
got a long meeting today.
COMMISSIONER LoCASTRO: Yeah. First of all, this group
that's taken an eyesore in the community and turning it into
something amazing I truly appreciate and highly respect. And it's
complicated. You know, you take a dump of a hotel that probably
should be torn down and then you guys salvage it and everything,
okay, we wish we could do that for some other places, and you have
some partners that are highly regarded in the community. However,
we also have to remain impartial. So just because I might like what
you're doing doesn't mean I can -- I can ignore something.
Something that was said by one of my colleagues I couldn't
disagree with more, okay. Missing a meeting and saying that's
irrelevant, okay, that's not a signal I would ever want to send to
anybody outside in Collier County, or every magistrate meeting
would be an empty room because people would just think, "Yeah,
you know what, I'll come to the big meeting at the end, and it will all
go to zero."
The reason we have the magistrate meetings is if you or a
representative would have been there, we wouldn't even be here
because it -- possibly, because it could have been decided at that
meeting. And I'll give you an example. I've got some -- something
very similar in my district that has fines way higher than yours. It's
called Good Mood Ranch. And the reason we've never had the
discussion in here is because that landowner goes to every single
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magistrate meeting and has asked for extensions where the fines are
frozen because he's trying to figure out -- he has a very complicated
thing where we all agree to disagree.
That's -- that's a responsibility you have. So I think it's very
irresponsible for any of us to say -- so I'll disagree. You know, and it
was Commissioner Saunders, and we'll agree to disagree. But that's
like saying, "Well, speeding tickets are irrelevant. I'll just promise
not to speed again."
I will agree with what he said, that fines aren't supposed to be
just some revenue generator for the County, but they're a penalty.
They're a penalty so someone else that says, "Oh, the fines are
irrelevant. You can get it up to 800,000, then you go to one meeting,
and they go to zero" is not -- is not what we -- the message we want
to send to a community. So none of this stuff is irrelevant.
But if the penalty is -- the penalty is for not following County
direction or being fully involved or focused on code and your
requirements of what, you know, was needed.
I'm glad to see the outline. I can tell you, the lights -- it doesn't
matter what the other commissioners saw. I think I did see email,
and it was Keystone Cops. You trying to -- and then that's when I
injected. And I think I even said what your attorney said, which was,
"Guys, you know, are we reinventing the wheel here?" Sort of like
what Commissioner Hall said, halogen or LED. Somebody make a
command decision. I cannot believe I'm trading a dozen emails on
what kind of lights and maybe they need to be ripped out and all that.
But having said all that, there's -- there is a penalty for not being
as aggressive on your side as you could have been. Meetings are not
irrelevant. You could have saved us all this time possibly by going in
front of the Magistrate and outlining all this stuff and all the details.
And I know Mr. Yovanovich wants to have the last word, and I
welcome it. But just to throw something out on the table, what I
February 10, 2026
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would be comfortable with, $25,000 fine for things you would have,
could have, should have done, but not zero. These meetings are not
irrelevant. You didn't have to fly here on a Concorde to go to the
meeting. You could have Zoomed in. You could have sent a rep.
You could have done a whole bunch of things to not have one
hundred and -- like I said, you could have flown first class for less
than $150,000.
So, you know, I'm not penalizing you for missing a meeting, but
the meetings aren't irrelevant.
And I also did some things -- I did see some things in that email
where there was lack of tightness and lack of communication on both
sides. So that's why I think the 150- isn't something that I'd entertain,
but not zero.
So just throw a number out there and say what do I think is fair,
you know, where are you responsible -- because to me as an
applicant, you have many avenues to raise a red flag and go, "Hey,
County Manager, your staff's giving me the runaround. Hey, County
Commissioner, your staff's giving me the runaround. Hey, I better go
to that magistrate meeting and present my whole case and say 'I'm
really not getting good direction here,' and right now I have $42,000
in fines that are -- that are adding up." And, of course, when you
don't do that, the fines continue to, you know, progress.
So for me, just to throw something out there to see what I think
would be fair and to send a signal out there that missing meetings and
maybe not doing everything humanly possible -- because the onus is
on you in big way. Maybe 51 percent you; 49 the County or whatnot.
You know, I want to feel that there were some repercussions. How
did I come up with that number? Yeah, a little bit of math here and
then a little bit of just intuition or whatever. But I would support a
$25,000 fine, and then let's move forward and cut the ribbon on this
project that's going to be, you know, great for the County, and, you
February 10, 2026
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know, the precedence we set to people is nothing's irrelevant. You
have a responsibility, and if you think you're getting the runaround,
you've got plenty of things at your disposal to include reaching out to
your County Commissioner or to the County Attorney. I mean,
there's a lot of things that could have been done.
So part of the decision we're making here is also sending that
message to other people that -- don't just sit on your hands and trade a
thousand emails for two years, or whatever it was, and watch the
fines add up.
So that would be my motion of 25K to just resolve this and
move forward.
MR. YOVANOVICH: Can I --
CHAIRMAN KOWAL: So we didn't get a motion [sic] on the
zero, so that's done.
We have a motion on the floor for 25K --
MR. YOVANOVICH: May I address --
CHAIRMAN KOWAL: -- as of right now.
Commissioner McDaniel wanted to say something. I hate to just
have you keep going. Let him just --
MR. YOVANOVICH: No, I just --
COMMISSIONER McDANIEL: You can address. I'll wait.
CHAIRMAN KOWAL: You'll wait? Go ahead.
MR. YOVANOVICH: If I -- let's just assume I was retained to
attend the magistrate meeting. At that point, there was already
$102,000 worth of fines, okay, and let's assume I got him to stop
going and accumulating the fines, and let's assume I had the
opportunity to go back and explain to Mr. Neale why my client
shouldn't pay $150,000 worth of fines, that probably would have cost
my client about $10,000.
So I think that would be an appropriate penalty for missing the
meeting, because -- and I started with, we should not have missed
February 10, 2026
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that meeting. That was a mistake, and he acknowledges that mistake.
The first request for a continuance was by the other K in the K2.
That's our issue; it's our own internal issue. Mr. Kessler should have
said, "Hey, Rich, can you attend the meeting?" I would have run
right down there. I would have said, "Please stop the clock, or the
fines, for now. I'll come back to you once we get into compliance."
I think that there's plenty of blame to go around as to why the
fines continued to accrue. But if you want to look at what's a
reasonable cost to have attended that meeting and got everything in
place, I think it would have been about $10,000 for --
COMMISSIONER LoCASTRO: He could have flown here first
class for $1,500.
MR. YOVANOVICH: But I could have done it -- he still --
COMMISSIONER LoCASTRO: I would have never paid you
$10,000, and I would have sent a rep from my company.
MR. YOVANOVICH: But I would have gone through the
process of having to argue all of this. I'm just telling you what's an
appropriate fine.
COMMISSIONER LoCASTRO: They could have argued it.
It's pretty clear.
MR. YOVANOVICH: An appropriate fine, I'm just suggesting
is -- a penalty is -- $10,000, I think, is a fair penalty. It gets people's
attention. They didn't stick -- you saw the emails. I mean, the -- and
he got -- here's what's being missed: They got the permit to do the
work, the soffit work, prior to the date required for compliance.
That's the one that really was the one that I think you all are saying
we should have fixed the soffits.
So I'm requesting you to modify your motion to see if you could
come down to a penalty of $10,000.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Mr. French, one of the things
February 10, 2026
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I'm really grateful of is I haven't been reading all this stuff, all these --
COMMISSIONER LoCASTRO: You should be.
COMMISSIONER McDANIEL: -- emails, all this
correspondence back and forth. Jiminy Christmas.
Estimate the County staff's time spent messing with this,
plus/minus.
MR. FRENCH: I would say over the years, we're probably
maybe over -- north of 100-, less than 150-.
COMMISSIONER McDANIEL: Yeah. Well, I'm not certainly
in favor of zero, and I'm not in favor of 25-. I am in favor of not
fining for work that was performed by somebody else that they didn't
even know when they bought the place. That accrued 100,000 worth
of fines just because.
Had they -- and it's not one meeting. Everybody keeps saying
"one meeting." There were three meetings, plus a continuance and
both -- everybody was juggling that.
So I'm more -- I'm more -- I mean -- and again, I do agree with
Commissioner Saunders, this isn't a revenue generator for us. We
want compliance. That's the reason we have hearings. That's the
reason we have representatives to come and represent people.
I have -- I have a thought more in the line of 50-. If you want to
land the plane, that's -- that's a place where I could see fit to let it go.
I love the project. I've supported the project all along. I think what
you folks are doing is wonderful for our community. I'm all about
that. So that's where I'm leaning.
MR. YOVANOVICH: Can I --
CHAIRMAN KOWAL: Commissioner -- go ahead.
MR. YOVANOVICH: Commissioner McDaniel, it wasn't three
meetings. It was a continuance of the fine imposition hearing, which
staff agreed, and then he didn't show up for the requested
continuance. So it really was -- they missed -- they missed one
February 10, 2026
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meeting that related to the case. There wasn't three or four --
COMMISSIONER McDANIEL: I'm not arguing with you. I'm
listening to the director of Code Enforcement who was talking when I
left the room for a moment, and I heard three.
MR. YOVANOVICH: Right. But he said one of them was a
requested continuance, so that was not a missed meeting. The missed
meeting was the continuance meeting that K2 didn't show up for that
meeting. And I want to correct one thing --
CHAIRMAN KOWAL: Well, the initial one was a missed
meeting.
MR. YOVANOVICH: The notice of violation meeting?
CHAIRMAN KOWAL: Yes, so that's a hearing. You could
have squashed it then.
MR. YOVANOVICH: So two.
CHAIRMAN KOWAL: It was two.
MR. YOVANOVICH: And that's on us. I'm going to tell you,
we had internal issues about actually knowing that there was a notice
of violation hearing. We didn't. We messed up internally. But the
fine imposition hearing seemed -- is a critical meeting, especially
since we asked for the continuance.
One thing I want to address that Mr. French said, we never once
stopped charging daily rates for people to occupy those units. We
never converted from the hotel to an apartment. We couldn't because
we didn't have the zoning changed at that point. So we operated as a
hotel at daily rates. I don't want anybody to think -- that's why staff
couldn't find us in violation for changing the land use. I just want to
make sure that's clear on the record.
CHAIRMAN KOWAL: And that was my biggest concern,
because when that came up in conversation -- and it's like, you know,
in life we make choices, and if that was going on, that's something
you weren't even getting fined on in this situation. That's a big no-no.
February 10, 2026
Page 67
MR. YOVANOVICH: We never did that. We operated it as a
hotel at daily rates because that's what the property was zoned for. If
you remember, I did the zoning to change it. And by the way, most
of the time Mr. French is close on his facts.
K2 -- K2 was hired to go through this process before Stix.
Stix -- Stix got through the process faster, but K2 started the process
in 2022 to convert from the hotel to apartments, which was -- which
was before Stix. It's okay, not a big deal. But they have been
intending to do this. They've worked very hard on this process. They
did miss that meeting where the imposition of fines was incurred.
And we're not asking to go to zero, but I think --
COMMISSIONER LoCASTRO: Yeah, you were.
COMMISSIONER McDANIEL: You were.
MR. YOVANOVICH: Initially, but, you know, in a perfect
world -- I didn't expect to come out of here at zero. I wish -- I wish
we could have come out of here at zero. I think zero's fair. But we
have a $50,000 fine for the stucco work which we did get the permit
promptly. We had trouble with the contractor. So I would -- I think
10,000 of a $50,000 -- sorry for spitting -- 10,000 of a $50,000 fine
is -- for missing the meeting, I think, is fair.
CHAIRMAN KOWAL: I know Commissioner LoCastro wants
to say something again, but I just -- every time we keep having this
back-and-forth, this just keeps raising more questions in my mind,
you know, because you keep referring back to the Stix project. But if
I remember correctly, the Stix project is the one that got before us,
and we changed the ordinance to convert hotel to -- or motel/hotel
deeded properties into residential.
And that was done -- those dates when Stix was in the process.
So if that was -- if you were done before that, we didn't even have an
ordinance to do it. So that's really confusing me now.
MR. YOVANOVICH: There was no ordinance. There still is
February 10, 2026
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no ordinance. You have to --
CHAIRMAN KOWAL: Yes, there is.
MR. YOVANOVICH: No, you had to rezone the property.
You had to change the PUD.[sic]
CHAIRMAN KOWAL: No. We created an ordinance just for
that particular process to convert a hotel/motel into a residential
property by downsizing the required square footage for a unit.
MR. YOVANOVICH: That was room size, yes.
CHAIRMAN KOWAL: Yeah, that was the ordinance --
MR. YOVANOVICH: Yes.
CHAIRMAN KOWAL: -- we created. You could never do it if
the ordinance didn't exist.
MR. YOVANOVICH: We have to do that on a -- yes. I know.
I worked on it.
CHAIRMAN KOWAL: That's what I'm saying. So --
MR. YOVANOVICH: I hear what you're saying.
CHAIRMAN KOWAL: That's the timeline I'm kind of
confused on, because Stix was the one that we changed it to do that
project, and you keep saying yours was before it.
MR. YOVANOVICH: We started the process. Stix finished
before us. We did -- they did.
CHAIRMAN KOWAL: Okay. Yes, Mr. French.
MR. FRENCH: Commissioner, I promise we will be brief. We
don't want to elong [sic] this anymore. I'd just like Doug to talk
about -- there was a difference between the Florida Building
Code -- and I appreciate Rich, because I'm not 100 percent right.
Today I am, but at the end of the day, Mr. Sposito can talk to you
about the difference. And I would only respectfully remind you that
55-380 says that a licensed building official, not this attorney, not me,
not your County Manager, is the only one that can interpret this, and
it is open -- they can challenge this. They could take it to the Florida
February 10, 2026
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Building Code [sic] if they don't agree with their interpretation of the
Florida Building Code.
So maybe just let just Doug talk a little bit about -- it's not based
on the zoning these determinations for full-time living there versus
daily occupancy.
MR. SPOSITO: Good morning, Commissioners. Doug Sposito,
deputy building official for Collier County. I've just been asked to
explain; there's been a couple of things stated out there.
The -- this whole issue came to my desk as a referral from the
fire department for what they considered to be fairly serious
life-safety issues. You know, the lights and all that stuff got tied into
it, but it all started with life-safety issues. That's why it came to us.
And the occupancy, whether apartment or a hotel, is not based
on how the owner charges the client. It's based on the transient use.
If they're transient hotel use, several days, short period, then it's a
hotel. If it's non-transient, then it's apartments.
These were clearly apartments. And for Fire's definition of
occupancy, when we looked at it, they were clearly apartments for us.
And so that required different alarm systems be permitted, which
they did. They jumped in, and they took care of that fairly quickly.
And then a number of issues came how Code determined those
various other issues came about. Those all sort of fell in to sort of
clean up the whole mess all at one time. And then we got here just
because of the delays that it took in order to clean up all of that mess.
I know that there were some issues on light heads, halogen light
heads versus LED. That issue, the reason it took long is when you
replace with LED, the new wind codes require that that attachment
meets the 160-mile-an-hour requirement now. You can't just change
out a head. You've got to show us that it's not going to blow off in
the next hurricane event and damage somebody else's house or injure
another person, and getting that information.
February 10, 2026
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Replacing with the old halogen like for like, you can do that.
We don't need that information. That decision was ultimately theirs
to make; go with the halogen, which they claimed was too expensive,
or provide us the NOAs for the new LED light heads is why there
was all of that back-and-forth. Giving them the option because they
go, "We didn't install them. We don't know what they are."
We're like, "We don't know what they are either, but the laws
that have been adopted by this county require, before we can issue a
permit, that we know what they are and we know that we can verify
that they meet those wind codes." So there was a lot of
back-and-forth and that delayed.
I believe, ultimately, the correction notice that went out, that
permit went into denied status because they simply never responded
to us in any meaningful way that allowed us to extend it. And so it
just delayed and delayed and delayed for those reasons.
But again, it was to emphasize that this really came from life
safety. This whole thing came from life safety. It wasn't trivial
electrical. It wasn't trivial alarm. Again, the alarm system ultimately
got demoed out because they couldn't find a contractor to take
responsibility for the workmanship on the current installation, so they
had to tear all of that out.
Same with the soffit work up there. Couldn't find a contractor
who would take responsibility for the soffit work. It wasn't done by
them, that's true. But the laws that we are required to operate under
said that it had to be done to code. No contractor would take
responsibility. So the only way to do that was take out a permit to
redo it properly, the whole thing. They did that. They did that, but
that took time.
And why they didn't show up to the various meetings certainly
only they can answer for you.
CHAIRMAN KOWAL: Thank you so much.
February 10, 2026
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Commissioner LoCastro.
COMMISSIONER LoCASTRO: Okay. This will be it.
Rich, you know, I mean, nobody's trying to stifle you at the
podium. And I'll leave it to the Chairman to decide who speaks. But
I think we -- I think we need to, like I always say, "Land the plane."
Listen, this was on the summary agenda. If I wouldn't have
pulled it, your client would most likely be paying 150,000, or we'd be
seeing you in court, or you would have been trying to get one of the
other commissioners, you know, to pull it. So the sheer fact that
we're having a discussion, you're welcome.
A hundred and fifty thousand dollars is a lot of money. So
giving you $125,000 discount is something I don't believe any of us
have ever done in here. I'm going through my memory banks. We
did -- we did have some fines that went to zero, but it was because
Mr. French came up to the podium, or somebody, and said
100 percent County fault, applicant did everything humanly possible,
was working at light speed to try to get things resolved, and it -- you
know, and none of us were trying to, you know, stretch somebody or
fine them or whatnot. You know, hearing that, you know, if you add
up the time wasted and spent and all that -- and I mean, you can
always debate that.
I'll stick with my 25K motion. I respect what Commissioner
McDaniel says. So if some of my colleagues think it should be a
little bit higher -- I don't think it should be zero. I think you could
have done quite a few things. And I don't think it's irrelevant to miss
meetings or to not elevate this to the highest possible level when you
think that maybe your fines are adding up and they're adding up
incorrectly.
The reason why I stick to the 25- is I already know you have a
ton of expenses before we cut a ribbon on this thing. And my hope is
that whatever you don't pay us you're rolling back into the building,
February 10, 2026
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because I know it still has a lot of work to do.
So we might be talking nickels and dimes. I mean, to me the
difference between 25K and 50K is significant, but the difference
between 25K and 150K is monumental. So, you know, there again,
I'll say with a little bit sarcasm, you're welcome. If other
commissioners think 25- is a slap on the wrist and they've heard some
things that, you know, have greater concern, you know, I'd have some
wiggle room so we can resolve this.
But I think whatever you save here is going to be substantial,
and I think you have enough bills sitting in your in-box right now to
pay. So, you know, I'm hoping you roll that $125,000 savings into
getting this building open and a ribbon cut.
So I'll make the motion of 25K and see if I've got a second from
my colleagues unless there's other conversation.
CHAIRMAN KOWAL: Commissioner Hall.
COMMISSIONER HALL: Commissioner LoCastro, would you
be willing -- would you be comfortable at 15-?
CHAIRMAN KOWAL: We're bartering up here.
COMMISSIONER LoCASTRO: You know, I mean --
COMMISSIONER HALL: They're asking for 10-. We've got
50-. We've got zero. I mentioned 10-.
COMMISSIONER LoCASTRO: But that's why I think -- and
that's why I sort of stayed on 25-. To tell you the truth, when
Commissioner McDaniel said 50-, you know, I was sitting here doing
math and going, "Okay, I'll meet you in the middle with 35-." You
know, I mean, I don't want to sit here and split hairs, but I think 25- is
fair, and I think 50-, actually, you know, could be fair --
COMMISSIONER McDANIEL: Second.
COMMISSIONER LoCASTRO: -- based on what I've heard
here.
COMMISSIONER HALL: And I'll second.
February 10, 2026
Page 73
COMMISSIONER McDANIEL: Second. Third.
CHAIRMAN KOWAL: Mr. Yovanovich, I wanted to let you
just kind of shore up.
MR. YOVANOVICH: No. Look, I appreciate everything that
Commissioner LoCastro said, and thank you for pulling this off.
Since it was our petition requesting to present, I appreciate the time
to be allowed to present.
I do -- my heart of hearts thinks 25- is too much, 15- -- but, you
know, I respect -- I respect and my client does respect the importance
of that meeting, he truly does. And if you want him to come up and
tell you he screwed up because he was --
COMMISSIONER LoCASTRO: No, we got it.
MR. YOVANOVICH: Okay. He realizes that.
COMMISSIONER LoCASTRO: Are you seconding the --
MR. YOVANOVICH: But at the same --
CHAIRMAN KOWAL: You said it was the other K.
MR. YOVANOVICH: Well, but the second one was on -- you
know, he could have flown here or he could have gotten me to come
here.
COMMISSIONER LoCASTRO: Listen, I still stick to my
motion, 25K.
MR. YOVANOVICH: I understand.
COMMISSIONER LoCASTRO: Do I have a second?
CHAIRMAN KOWAL: And I had a second.
COMMISSIONER HALL: It's been seconded.
CHAIRMAN KOWAL: It's been seconded.
COMMISSIONER McDANIEL: We both seconded.
MR. YOVANOVICH: And I just wanted to say thank you for
giving us the time.
CHAIRMAN KOWAL: I just wanted to give Mr. Yovanovich a
second to speak.
February 10, 2026
Page 74
All right. So we have a motion and second for $25,000. All in
favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN KOWAL: Opposed, same sound, same sign.
(No response.)
CHAIRMAN KOWAL: It passes.
MR. YOVANOVICH: Thank you.
CHAIRMAN KOWAL: Twenty-five thousand. Thank you.
MR. YOVANOVICH: And I know we have to pay it within 30
days. Am I right, Tom? Thirty days.
MR. IANDIMARINO: Yeah, correct. It's 30 days upon
application, and the resolution states that they must pay within 30
days.
CHAIRMAN KOWAL: And you don't have to fly here from
Colorado.
COMMISSIONER McDANIEL: Do we need to make that as
part of our motion, or you --
MR. YOVANOVICH: No, no. We have 30 days, and then the
lien's removed once we make the payment. It's important to get that
lien removed so we can keep moving with the project.
Thank you for your time.
CHAIRMAN KOWAL: Understood. Thank you.
MS. PATTERSON: Commissioner, I think we need a court
reporter break.
CHAIRMAN KOWAL: Yes. All right. We're going to take
we'll come back at 11:11.
(A recess was had from 11:00 a.m. to 11:11 a.m.)
MS. PATTERSON: Chair, you have a live mic.
February 10, 2026
Page 75
CHAIRMAN KOWAL: All right. We'll go ahead and start this
back up again.
Item #11B
RESOLUTION 2026-43: THE CHAIR TO SIGN A RESOLUTION
ADOPTING THE INVENTORY LIST OF COUNTY-OWNED
REAL PROPERTY DECLARED APPROPRIATE FOR USE AS
AFFORDABLE HOUSING AND APPROVE THE PUBLICATION
OF THE INVENTORY LIST TO THE COUNTY’S WEBSITE IN
COMPLIANCE WITH SECTION 125.379, FLORIDA STATUTES.
(COMMISSIONER MCDANIEL’S REQUEST) - MOTION TO
APPROVE MINUS THE TWO GOLDEN GATE STATES LOTS;
GIVE DIRECTION NOT TO BRING FORWARD ANY LOTS IN
GOLDEN GATE STATES FOR AFFORDABLE HOUSING, BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
MS. PATTERSON: All right. Commissioners, that brings us to
Item 11B, formerly 16A1. This item was continued from the
January 13th, 2026, BCC meeting. This is a recommendation to
approve and authorize the Chair to sign a resolution adopting the
inventory list of County-owned real property declared appropriate for
use as affordable housing and approve the publication of the
inventory list to the County's website in compliance with
Section 125.379, Florida Statutes.
Commissioner McDaniel -- this item is moved to the regular
agenda at Commissioner McDaniel's request. And Cormac Giblin
is -- he's your director of Housing and Economic Development, and
he is here to make a presentation or answer questions.
CHAIRMAN KOWAL: Commissioner McDaniel, would you
February 10, 2026
Page 76
like to make a comment?
COMMISSIONER McDANIEL: Yeah. I'm going to make a
motion for approval minus the two Golden Gate Estates lots. I -- and
I would like to, going forward, give direction to not bring forward for
affordable housing purposes any lots in Golden Gate Estates. It's not
the wish of the community to have affordable housing associated out
there anymore than it already is or is not. So I'll move for the agenda
item to be approved with the other suggestions, removing the two
Golden Gate Estates lots.
CHAIRMAN KOWAL: Okay.
COMMISSIONER HALL: Second.
COMMISSIONER LoCASTRO: I don't have a problem with
that.
CHAIRMAN KOWAL: You don't have a problem with that?
COMMISSIONER LoCASTRO: Uh-uh.
COMMISSIONER McDANIEL: I don't need a presentation.
CHAIRMAN KOWAL: All right. So I have a motion and a
second. All in favor by -- removing the two Golden Gate Estate lots,
signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN KOWAL: Opposed, same sound, same sign.
(No response.)
CHAIRMAN KOWAL: That's it.
MR. GIBLIN: Thank you very much.
Item #12A
RESOLUTION 2026-44: APPOINT FOUR MEMBERS TO THE
February 10, 2026
Page 77
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT
COMMITTEE - MOTION TO REAPPOINT SCOTT SPITZER,
LLOYD WIRSHBA, SCOTT LEPORE, AND APPOINT LARRY
MAGEL BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
MS. PATTERSON: Commissioners, that brings us to Item 12A.
This is a recommendation to appoint four members to the
Infrastructure Surtax Citizen Oversight Committee.
With that, I'll hand it over to the County Attorney.
MR. KLATZKOW: Thank you. And I'm getting the executive
summary on the overhead.
There are really two parts to this. We have three existing
representatives who are up for renewal, all of them have had the
positive vote by the community, then we have one open seat for an
alternate, and we have two applicants; Larry Magel and Tony [sic]
Leipzig. So I'd ask the Board to, in your discretion, choose one of
these, and we can move on.
COMMISSIONER McDANIEL: Move Larry Nagel.
CHAIRMAN KOWAL: All right. Larry Magel.
COMMISSIONER McDANIEL: Magel. I said Nagel. Forgive
me.
CHAIRMAN KOWAL: Anybody else have a suggestion?
COMMISSIONER HALL: I'm good with it. Second.
CHAIRMAN KOWAL: All right. I have a motion.
Commissioner LoCastro?
COMMISSIONER LoCASTRO: Yeah. I was just trying to
digest what we're doing here. So six vacant seats on the committee,
five applicants. So what are we doing special with Larry?
CHAIRMAN KOWAL: Well, there's two people for one, I
believe, right?
February 10, 2026
Page 78
COMMISSIONER LoCASTRO: Oh, the two -- oh, you're
picking between Larry and Thomas?
CHAIRMAN KOWAL: Yes, correct.
COMMISSIONER LoCASTRO: Okay. All the others that have
asterisks there, they're reapplying, and we have no issue --
CHAIRMAN KOWAL: They already -- yeah, they're
reapplying to the seats that already exist.
COMMISSIONER LoCASTRO: Okay. I've got no issue.
CHAIRMAN KOWAL: Okay. So I have the three -- can we do
it all at one time or just individually?
COMMISSIONER McDANIEL: Choose just one.
COMMISSIONER HALL: It's between Larry and Tom.
CHAIRMAN KOWAL: Okay. All right. So we have a motion
for Larry Magel and a second. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN KOWAL: Opposed, same sound, same sign.
(No response.)
CHAIRMAN KOWAL: All right. Larry is on the board.
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING
MS. PATTERSON: Commissioners, that brings us to Item 15.
Item 15A is public comments on general topics not on the current or
future agenda by individuals not already heard during previous public
February 10, 2026
Page 79
comments in this meeting.
MR. MILLER: I have nobody registered at this time.
Item #15B
STAFF PROJECT UPDATES
MS. PATTERSON: Item 15B is staff projects update. We do
not have any.
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON And Item 15C is staff and commission
general communications. I just have a couple of things for you.
First off, you have probably noticed that on social media we've
put out some information regarding a water shortage condition that
was declared by the South Florida Water Management District. So
this kicks into effect additional requirements for our Public Utilities
Department, so they will be, at this time, enforcing those restrictions.
No irrigating on Fridays and no irrigating between 10 a.m. and
4 p.m., and then there are requirements for odd-numbered addresses
and even-numbered addresses. All of this information is out, again,
like I said, on social media following the lead of the Water
Management District. And if anybody needs that information for
their newsletters or their constituents, we can certainly provide that to
you.
We do -- just a reminder. We do have the February 17th
Strategic Planning Workshop, and I am working on workshop dates
for those from the last meeting that you requested potentially with the
February 10, 2026
Page 80
cities, City of Marco, City of Naples, the School District, and then
Lee County.
And with that, I have nothing else.
County Attorney?
CHAIRMAN KOWAL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I wanted to add -- and it was
only because I got several emails on it where people heard about the
water shortage. And I talked to Jim DeLony -- is Jim in the back?
So we traded some notes with some citizens who tried to spin it
thinking all the development, you know, that we've done has
created -- and, you know -- Jim, did you ever respond to that citizen
yet?
MR. DeLONY: (Indicating thumbs up.)
COMMISSIONER LoCASTRO: You did, okay.
And what we basically said is, there's a little lack of rain, so the
water table is different than, you know, we're short of water. So I
don't know if we've sent any -- like you said, maybe we've sent some
stuff out, but we want to really clarify, because when we said there's
a water shortage in Collier County, I don't know about the other
commissioners, I got blasted with a handful of emails from some
people that said, "Yeah, that's because of all your overbuilding" and
this and that.
And it was like no, no, no, no. They're just saying the average
rainwater measurement and, you know, that sort of thing.
MS. PATTERSON: Yes, sir. We had a very dry rainy season
this year leading into early cool and dry weather. So it's -- we're in
drought conditions. It's the reason why we have issued that -- the
burn ban a few weeks ago, earlier than usual. And there's really not
much rain in the forecast. And you can see it driving around; the
canal levels and the lake levels everywhere are really low.
So we'll continue to monitor that with the South Florida Water
February 10, 2026
Page 81
Management District.
With that, County Attorney.
MR. KLATZKOW: Nothing, thank you.
MS. PATTERSON: Commissioners.
CHAIRMAN KOWAL: Commissioner Hall.
COMMISSIONER HALL: Nothing, thank you.
CHAIRMAN KOWAL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Nope.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Happy Valentine's Day,
everybody.
CHAIRMAN KOWAL: We worked last year on Valentine's
Day.
COMMISSIONER McDANIEL: I wore my red tie today.
CHAIRMAN KOWAL: Remember? We all got in trouble.
COMMISSIONER McDANIEL: I do.
CHAIRMAN KOWAL: I've just got two things I want to
just -- first, I want -- I know we discussed up here in the last meeting
about talking about addressing the code for the RV parking inside
gated communities -- or HOA communities that are controlled by
their own HOA. So I was wanting to know if -- I'd like to direct the
staff to take a look at that particular code for the RVs parking in the
PUDs and given -- if they're given the permission by their own
HOAs, that we tweak that ordinance. So if that's possible.
MS. PATTERSON: Yes, sir.
COMMISSIONER McDANIEL: That needs to be done.
CHAIRMAN KOWAL: Yeah. So -- and the other one is going
to be just good news. I got a correspondence. I don't know if you
guys all got it, but I got a correspondence back from Bridget --
COMMISSIONER McDANIEL: Oh.
CHAIRMAN KOWAL: Well, I'm sorry. Well, let's talk about
February 10, 2026
Page 82
that. Commissioner McDaniel.
COMMISSIONER McDANIEL: No, you finish yours, and I
forgot to talk about my happy.
CHAIRMAN KOWAL: Oh, okay. All right.
Well, Bridget informed me that Lisa Hurley, our representative
in Tallahassee, our meeting we went up there for a few weeks back,
that Representative Chaney's bill, the one that was for the animal
cruelty, they did adopt our language that we gave them --
COMMISSIONER McDANIEL: Good, nice.
CHAIRMAN KOWAL: -- with the fines progressing through
violation, the particular language, and the Senate sponsor was also, I
guess, responding to it, and they're going to include this in -- as they
move forward, the language where we had the progressive fining for
first violation, 2,500, second, and they even went up to 7,500 as a
third.
COMMISSIONER McDANIEL: Good. And did they agree --
CHAIRMAN KOWAL: And it's two -- I'm sorry. Go ahead.
COMMISSIONER McDANIEL: No, I don't want to -- Terri
gets mad when I talk over you, so I'll be -- I'll wait till you're done.
CHAIRMAN KOWAL: But I felt this was a good -- that
was -- you know, that was one of the things we went up there for and
specifically talked to a lot of people. We even talked to the
governor's office and that -- you know, having our language going in
that bill I think is important, especially for the -- what's going on and
what we're seeing with the animals and how -- the treatment. And it
gives the counties a little bit more teeth to, you know, squash this
earlier on before it gets into a bigger problem with these.
Go ahead.
COMMISSIONER McDANIEL: A question I had, did they
agree -- because there were two bills that were going forward, one
having to do with cruelty and another one having to do with the retail
February 10, 2026
Page 83
industry. They didn't join them.
CHAIRMAN KOWAL: No. It was the Chaney bill, the one for
the cruelty. So that was the one we really wanted attached to it, so
that was --
COMMISSIONER McDANIEL: Correct. Because -- I mean,
there was some message from the governor's office that they were
wanting to join the two bills, and I was like, "Oh, no, no, no,"
because that will -- that will get clouded with the retail industry
getting in the way.
And if you'll allow me, Mr. Chair, I got a wonderful letter from
our Congressman Mario Diaz-Balart, and we -- as you know, we've
all been working -- when we were in Tallahassee, we spent a lot of
time with the DOT for the partial interchange at 75 and Everglades
Boulevard, and we were awarded that $2 million for the IJR at that
intersection. So I -- and I neglected to put it in my notes, so I just
wanted to say thank you to the congressman and staff. Trinity does a
lot to make sure all those things happen as well, so...
CHAIRMAN KOWAL: And I know the congressman watches
our meetings.
COMMISSIONER McDANIEL: Sir?
CHAIRMAN KOWAL: I know the congressman watches our
meeting every --
COMMISSIONER McDANIEL: Oh, yeah. He's Zoomed in
right now, I'm sure.
CHAIRMAN KOWAL: All right. Well, that's all I have to say.
COMMISSIONER McDANIEL: Me, too.
CHAIRMAN KOWAL: Well, I hope everybody has a great
Valentine's Day this Saturday, and we're adjourned.
*******
February 10, 2026
Page 84
****Commissioner Hall moved, seconded by Commissioner
LoCastro and carried that the following items under the consent and
summary agendas by approved and/or adopted****
Item #16A1 (Moved to Item #11B per Agenda Change Sheet)
Item #16A2 (Moved to Item #11A per Agenda Change Sheet)
Item #16A3
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR PARCELA MEDITERRANEA. [PL20230012456] - FINAL
INSPECTION WAS CONDUCTED BY STAFF ON FEBRUARY
15, 2024, AND FOUND THESE FACILITIES SATISFACTORY
AND ACCEPTABLE
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES FOR ST. JOHN THE EVANGELIST
CATHOLIC CHURCH. [PL20250014174] - FINAL INSPECTION
WAS CONDUCTED BY STAFF ON DECEMBER 22, 2025, AND
FOUND THESE FACILITIES SATISFACTORY AND
ACCEPTABLE
Item #16A5
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER AND SEWER FACILITIES
February 10, 2026
Page 85
AND APPURTENANT UTILITY EASEMENT FOR VENTURE
CHURCH. [PL20250012142] - FINAL INSPECTION WAS
CONDUCTED BY STAFF ON NOVEMBER 7, 2025, AND
FOUND THESE FACILITIES SATISFACTORY AND
ACCEPTABLE
Item #16A6
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES FOR GALLERIA SHOPPES AT
VANDERBILT. [PL20250009629] - FINAL INSPECTION WAS
CONDUCTED BY STAFF ON NOVEMBER 20, 2025, AND
FOUND THESE FACILITIES SATISFACTORY AND
ACCEPTABLE
Item #16A7
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20230005334 FOR WORK ASSOCIATED WITH BAY COLONY
GOLF CLUB
Item #16A8
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 25-8372
“PRESERVE AREA MAINTENANCE,” TO EARTH TECH
ENVIRONMENTAL, LLC, AND AUTHORIZE THE CHAIR TO
EXECUTE THE ATTACHED AGREEMENT
Item #16A9
February 10, 2026
Page 86
CHANGE OF VENUE AND REVISED DATES FOR THE
PREVIOUSLY APPROVED WINTER CONCERT SERIES,
RELOCATING THE EVENT FROM SUGDEN REGIONAL PARK
TO NORTH COLLIER REGIONAL PARK, WHILE
MAINTAINING ALL CONDITIONS, REQUIREMENTS, AND
AUTHORIZATIONS APPROVED BY THE BOARD ON AUGUST
26, 2025
Item #16A10
ACCEPT THE ANNUAL REPORT ON DOMESTIC ANIMAL
SERVICES, UTILIZING WAIVED AND REDUCED FEE
INITIATIVES FOR FISCAL YEAR 2025 (FY25)
Item #16B1
AGREEMENT FOR THE ACQUISITION OF A DRAINAGE
EASEMENT (PARCEL 103DE) REQUIRED FOR
CONSTRUCTION OF THE AIRPORT ROAD WIDENING
(VANDERBILT BEACH ROAD TO IMMOKALEE ROAD)
PROJECT NO. 60190
Item #16B2
AWARD CONSTRUCTION INVITATION TO BID NO. 25-8410,
"BARRON RIVER BRIDGE REPAIRS," TO SOUTHERN ROAD &
BRIDGE, LLC, IN THE AMOUNT OF $1,076,597.00, APPROVE
AN OWNER'S ALLOWANCE OF $107,659.70, AND AUTHORIZE
THE CHAIR TO SIGN THE ATTACHED AGREEMENT.
(PROJECT NO. 66066)
February 10, 2026
Page 87
Item #16B3
CHANGE ORDER NO. 3 UNDER AGREEMENT NO. 21-7847,
“GOODLETTE-FRANK ROAD DITCH IMPROVEMENTS
DESIGN SERVICES” WITH WATER RESOURCES
MANAGEMENT ASSOCIATES, INC., FOR ADDITIONAL
ENGINEERING DESIGN TASKS IN THE AMOUNT OF
$169,202.00, TO EXTEND THE CONTRACT DURATION BY 660
DAYS, AND AUTHORIZE THE CHAIR TO SIGN THE
ATTACHED CHANGE ORDER. (PROJECT NO. 60102)
Item #16C1
THE BOARD OF COUNTY COMMISSIONERS, AS THE EX
OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, APPROVE THE SELECTION
COMMITTEE’S RANKING AND AUTHORIZE CONTRACT
NEGOTIATIONS WITH THE TOP-RANKED FIRM, MITCHELL
& STARK CONSTRUCTION COMPANY, INC./ JOHNSON
ENGINEERING, RELATED TO REQUEST FOR PROFESSIONAL
SERVICES NO. 25-8374 FOR DESIGN-BUILD SERVICES FOR
THE NORTHEAST SERVICE AREA UTILITY EXPANSION
PROJECT, ALLOWING STAFF TO RETURN WITH A
PROPOSED AGREEMENT FOR CONSIDERATION AT A
FUTURE MEETING. (PROJECT NO. 70194)
Item #16D1
SERVICES FOR SENIORS, “AFTER-THE-FACT”
STANDARD CONTRACT WITH THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., IN THE AMOUNT
February 10, 2026
Page 88
OF $1,356,226.00 AND AUTHORIZE THE ASSOCIATED
BUDGET AMENDMENTS, FOR FY26 OLDER AMERICANS
ACT TITLE III IN THE DECREASED AMOUNT OF $248,046.20.
(HUMAN SERVICE GRANT FUND 1837)
Item #16D2
MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER
COUNTY AND AGRICULTURAL AND LABOR PROGRAM,
INC. (AS THE PROVIDER OF LOW-INCOME HOME ENERGY
ASSISTANCE PROGRAM FOR COLLIER COUNTY) FOR THE
EMERGENCY HOME ENERGY ASSISTANCE FOR THE
ELDERLY PROGRAM TO COORDINATE REFERRALS AND
PREVENT DUPLICATION OF BENEFITS. (HUMAN SERVICES
GRANT FUND 1837)
Item #16D3
THE CHAIR TO SIGN THE REVISED MEMORANDUM OF
UNDERSTANDING WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., AND THE FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES FOR ADULT
PROTECTIVE SERVICES REFERRALS
Item #16D4 (Continued from January 23, 2026, BCC meeting)
(A) APPROVE THE AFTER-THE-FACT ELECTRONIC
SUBMITTAL OF THE RETIRED AND SENIOR VOLUNTEER
PROGRAM 2026-2027 CONTINUATION APPLICATION TO
AMERICORPS, UNDER THE CORPORATION FOR NATIONAL
AND COMMUNITY SERVICE, IN THE AMOUNT OF $100,000;
February 10, 2026
Page 89
(B) ALLOW THE COUNTY MANAGER OR THEIR DESIGNEE
TO SERVE AS THE AUTHORIZED REPRESENTATIVE FOR THE
GRANTOR’S ELECTRONIC SUBMISSION SYSTEM,
EGRANTS, THROUGHOUT THE GRANT PERIOD; AND (C)
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS.
(HOUSING GRANT FUND 1835 AND HOUSING MATCH FUND
1836)
Item #16E1
RATIFY PROPERTY, CASUALTY, WORKERS’ COMPENSATION
AND SUBROGATION CLAIM FILES SETTLED AND/OR
CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR
PURSUANT TO RESOLUTION NO. 04-15 FOR THE FIRST
QUARTER OF FY 26
Item #16E2
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 #16E3
AWARD OF REQUEST FOR PROPOSAL NO. 25-8397,
COMPREHENSIVE CLINIC AND WELLNESS SERVICES, TO
QUADMED, LLC, OPERATING VIA ITS FLORIDA
REGISTERED ENTITY MEDICAL CARE INNOVATION P. CORP.
("QUADMED"), AT AN ESTIMATED ANNUAL COST OF
February 10, 2026
Page 90
$1,790,000
Item #16F1
THE FOURTH AMENDMENT TO THE LICENSE AGREEMENT
WITH AMERICAN TOWERS LLC TO MODIFY EQUIPMENT
ON A COMMUNICATIONS TOWER AT THE NORTH COLLIER
FIRE AND RESCUE STATION 10 AT 13240 IMMOKALEE
ROAD, NAPLES, FL 34120
Item #16F2
INTERLOCAL AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS (BOARD) AND THE GREATER
NAPLES FIRE RESCUE DISTRICT (GNFRD), ALLOWING
COLLIER COUNTY EMS (CCEMS) TO HOUSE AN ADVANCED
LIFE SUPPORT (ALS) TRANSPORT AMBULANCE AND
PROVIDE THE ADDITIONAL STAFFING AT STATION 63 ON
INTERSTATE I-75
Item #16F3
AWARD INVITATION TO BID (“ITB”) NO. 25-8406, “PAINT
AND RELATED ITEMS,” TO THE PITTSBURGH PAINTS CO.,
AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED
AGREEMENT
Item #16F4
THE CHAIR TO SIGN AND ACCEPT THE EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AWARD IN
February 10, 2026
Page 91
THE AMOUNT OF $128,108 AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT. (HOUSING GRANT
FUND 1835)
Item #16F5
RESOLUTION 2026-38: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2025-26 ADOPTED BUDGET
Item #16G1
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL TO THE
FEDERAL AVIATION ADMINISTRATION (FAA) FOR THE
FISCAL YEAR (FY) 2026 INFRASTRUCTURE INVESTMENT
AND JOBS ACT (IIJA) AIRPORT TERMINAL PROGRAM (ATP)
Item #16J1
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS IN THE
AMOUNT OF $30,223,440.48 WERE DRAWN FOR THE
PERIODS BETWEEN JANUARY 15, 2026, AND JANUARY 28,
2026, PURSUANT TO FLORIDA STATUTE 136.06
Item #16J2
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
February 10, 2026
Page 92
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF FEBRUARY 4, 2026
Item #16J3
THE BOARD REGARDING THE INVESTMENT OF COUNTY
FUNDS AS OF THE QUARTER ENDED DECEMBER 31, 2025
Item #16K1
THE CHAIR TO SIGN A THIRD AMENDMENT TO THE
RETENTION AGREEMENT FOR SPECIALIZED FEMA LEGAL
SERVICES ON AN “AS NEEDED” BASIS WITH THE LAW FIRM
OF BAKER, DONELSON, BEARMAN, CALDWELL &
BERKOWITZ, P.C.
Item #16K2
THE COUNTY ATTORNEY’S OFFICE TO FILE AN OFFER OF
JUDGMENT (SETTLEMENT OFFER) TO PLAINTIFF DAYAMI
LEON IN THE LAWSUIT STYLED DAYAMI LEON V. COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS, (CASE NO.
24-CA-2419), PENDING IN THE CIRCUIT COURT OF COLLIER
COUNTY, FLORIDA
Item #16K3
RESOLUTION 2026-39: APPOINT KERRY GEROY AND
SALLY HAWK TO THE PARKS AND RECREATION ADVISORY
BOARD - FOUR-YEAR TERM EXPIRING ON DECEMBER 31,
2029
February 10, 2026
Page 93
Item #16K4
RESOLUTION 2026-40: APPOINT LORI GUTIERREZ TO THE
HALDEMAN CREEK DREDGING MAINTENANCE ADVISORY
COMMITTEE - FOUR-YEAR TERM EXPIRING MARCH 13,
2030
Item #16K5
RESOLUTION 2026-41: APPOINT TAMARA GUBALA TO THE
GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE -
TO SERVE THE REMAINDER OF A VACANT TERM EXPIRING
ON OCTOBER 6, 2027
Item #16K6
RESOLUTION 2026-42: APPOINT A MEMBER OF THE
AFFORDABLE HOUSING ADVISORY COMMITTEE AS A NON-
VOTING REPRESENTATIVE TO THE DEVELOPMENT
SERVICES ADVISORY COMMITTEE - TO FILL THE
REMAINDER OF THE VACANT TERM WHICH EXPIRES ON
OCTOBER 1, 2026
Item #17A (Continued from January 13, 2026, BCC meeting)
ORDINANCE 2026-06: AN ORDINANCE AMENDING
ORDINANCE NO. 2003-37, AS AMENDED, CITED IN CHAPTER
110, ARTICLE II OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, WHICH REGULATES CONSTRUCTION IN
THE PUBLIC RIGHTS-OF-WAY, TO ADD ADDITIONAL RIGHT-
OF-WAY PERMIT REQUIREMENTS AND A SECTION
February 10, 2026
Page 94
REGULATING EXCAVATION ACTIVITIES WITHIN THE
PUBLIC RIGHT-OF-WAY
Item #17B (Continued to the March 10, 2026, BCC meeting)
AN ORDINANCE AMENDING THE LAND DEVELOPMENT
CODE, PURSUANT TO F.S. 125.022, THAT REVISES
TIMEFRAMES FOR THE PROCESSING OF APPLICATIONS
FOR APPROVAL OF DEVELOPMENT PERMITS OR
DEVELOPMENT ORDERS. [PL20250010243]
Item #17C
ORDINANCE 2026-07: AN ORDINANCE AMENDING
ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING
THE FUTURE LAND USE ELEMENT AND MAP SERIES BY
CHANGING THE LAND USE DESIGNATION OF PROPERTY
FROM URBAN MIXED USE DISTRICT, URBAN COASTAL
FRINGE SUBDISTRICT TO URBAN COMMERCIAL DISTRICT,
SOUTH NAPLES TOY STORAGE COMMERCIAL DISTRICT, TO
ALLOW 60,000 SQUARE FEET OF GROSS FLOOR AREA OF
INDOOR VEHICLE STORAGE, MINI- AND SELF-STORAGE
WAREHOUSING ONLY, AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF COMMERCE, PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
THE SUBJECT PROPERTY IS IN THE COASTAL HIGH
HAZARD AREA AND LOCATED ON THE WEST SIDE OF
COLLIER BOULEVARD NORTH OF CHAMPIONSHIP DRIVE,
IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
February 10, 2026
Page 95
COLLIER COUNTY, FLORIDA, CONSISTING OF 5.62± ACRES.
[GMPA-PL20230012845] (THIS ITEM IS A COMPANION TO
ITEM #17D)
Item #17D
ORDINANCE 2026-08: AN ORDINANCE REZONING
PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING
DISTRICT TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS SOUTH NAPLES TOY STORAGE
COMMERCIAL PLANNED UNIT DEVELOPMENT, TO ALLOW
DEVELOPMENT OF 60,000 SQUARE FEET OF GROSS FLOOR
AREA OF INDOOR VEHICLE STORAGE, MINI AND SELF-
STORAGE WAREHOUSING ONLY ON PROPERTY LOCATED
ON THE WEST SIDE OF COLLIER BOULEVARD NORTH OF
CHAMPIONSHIP DRIVE, IN SECTION 10, TOWNSHIP 51
SOUTH, RANGE 26 EAST, CONSISTING OF 5.62± ACRES; AND
BY PROVIDING AN EFFECTIVE DATE. [PL20230012017] (THIS
ITEM IS A COMPANION TO ITEM #17C)
February 10, 2026
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :21 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
DAN KOWAL, CHAIRMAN
ATTEST
I^4f ! •r.
YY }
, . KINZEL, CLERK
•
ik*
These minutes ap - ved by the Board on , as
presented • or as corrected
TRANSCRIPT PREPARED ON BEHALF OF VERITEXT BY
TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT
REPORTER, FPR-C, AND NOTARY PUBLIC.
Page 96