Agenda 02/10/2026 Item # 2B (BCC Meeting Minutes for January 13, 2026)January 13, 2026
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 13, 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 (outgoing Chair)
Chris Hall
Rick LoCastro
William L. McDaniel, Jr.
ALSO PRESENT:
Amy Patterson, County Manager
Ed Finn, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Scott Teach, Assistant County Attorney
Crystal K. Kinzel, Clerk o
Troy Miller, Communications & Customer Relations
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MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN SAUNDERS: Good morning. The meeting of the
County Commission will please come to order, now that
Commissioner McDaniels is here.
COMMISSIONER LoCASTRO: Daniels.
COMMISSIONER McDANIEL: Good morning, everybody.
CHAIRMAN SAUNDERS: I don't get to do that after this
morning, so...
We'll start off with the invocation and the Pledge.
COMMISSIONER McDANIEL: I'll just stay standing.
Item #1A
INVOCATION: REVEREND MICHAEL ORSI ||| PLEDGE OF
ALLEGIANCE: LAWRENCE CASANOVA, ARMY VETERAN
STAFF SGT, 20 YEARS OPERATION ENDURING FREEDOM,
IRAQ FREEDOM 4 TOURS - INVOCATION GIVEN
CHAIRMAN SAUNDERS: We're pleased this morning to have
the Reverend Michael Orsi with us to do the invocation, and we have
Lawrence Casanova, Army veteran sergeant, to lead us in the Pledge.
So if you'll please rise, we'll get started off in the right way.
FATHER ORSI: Before we began this session, the Chairman,
Burt Saunders, said to me that I could say whatever I wanted, and he
said he had all morning. So why don't you just be seated for a
moment. I'm serious.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SAUNDERS: Yes, but, Reverend, I wasn't
serious.
FATHER ORSI: Too late, Burt.
COMMISSIONER KOWAL: He was just being nice.
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FATHER ORSI: Just let me explain to you two things; be very
brief. The reason why I'm here today is because the assigned pastor
couldn't make it, so I take that as a divine define intervention.
The second reason is because Commissioner LoCastro asked me
to say a prayer for the repose of his mother's soul. She recently
passed away.
And when I spoke with him, I asked some things about her. I
had met her a couple of times; her name was Millie. And whenever
I'm asked to say a prayer for someone, I like to know something
about them. And we had a little conversation, and he mentioned
something to me that I think maybe needs a little bit of explanation.
He mentioned that she had two favorite patron saints.
Now, those of you who are not Catholics, Catholics like patron
saints. I mean, they're people who we admire because of the virtues
that they display, what good God had done in their lives. Also,
Catholics like to feel connected. Especially Italian Catholics, we like
to be connected. And we like to have people in high places who are
cheering us on on our way from this world to the next.
And so he said to me that his mother, Millie, had two favorites.
The first one was Saint Francis of Assisi. And we all know about
Saint Francis of Assisi. He just loved creation. He loved human
beings. And he's a great saint that we are devoted to because of our
love for our planet and because of the human beings that live on our
planet.
The second saint he mentioned was Saint Jude. Anybody ever
hear of Saint Jude? He's the patron saint of hopeless cases. And I
wondered why -- at the beginning, why did Millie have such devotion
to Saint Jude? Then I realized her son was Rick.
Please stand.
COMMISSIONER LoCASTRO: Makes sense.
FATHER ORSI: Please stand. Let us pray.
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Almighty and gracious God, as we begin a new year of service
and responsibility, we pause to seek your wisdom, guidance, and
blessing upon the leaders and citizens of Collier County. We ask that
the spirit of Saint Francis of Assisi inspire us towards peace,
humility, and respect for all people and for the gifts of this land
entrusted to our care.
May our decisions promote harmony, protect the vulnerable, and
steward our community with integrity and gratitude. We also call
upon the example of Saint Jude, patron of perseverance and hope in
difficult times.
Grant our commissioners courage when challenges arise, clarity
when decisions are complex, and steadfast resolve to serve the
common good faithfully and justly. Bless each commissioner with
patience in listening, fairness in judgment, and unity in purpose. May
this chamber be guided by truth, civility, and the sincere desire to
build a future marked by safety, prosperity, passion for all who live
and work in this great county of ours.
As this new year unfolds, may our actions reflect wisdom,
service, and hope, and may our community continue to grow in
strength, cooperation, and peace. With gratitude and trust, we place
this new year under your providential guidance.
And for Millie: Millie, may the angels lead you into paradise,
may the martyrs come to welcome you to the new and the eternal
Jerusalem, and may you rest in God's peace. Amen.
CHAIRMAN SAUNDERS: So please remain standing for the
Pledge.
(The Pledge of Allegiance was recited in unison.)
COMMISSIONER LoCASTRO: Chairman, if I may.
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER LoCASTRO: Father Orsi -- and, Father, I
was an altar boy for a long time. It's Father Orsi.
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COMMISSIONER McDANIEL: Yes.
COMMISSIONER LoCASTRO: I was going to make that
correction, or I'll go to hell immediately.
FATHER ORSI: Yes, my son.
COMMISSIONER LoCASTRO: It was Saint Jude because of
my sister, not because of me.
But I just wanted to take a minute to thank the staff. My mom
struggled with cancer for two years. At the end, you know, she was
drinking all of her meals through a straw. She was -- she was, you
know, fading away very quickly.
And, you know, when I see on social media and some of the
ridiculous things where people say, "Oh, the Commissioners are
garbage. They're all on the take. They're all greedy. They're all
this," these are men of honor. These are men of integrity, these are
men of faith, and these are my brothers. They've been very strong,
you know, to me over the last few years -- couple years sending me
personal notes and checking in on me.
When I was checking in on my mom, the staff in the back,
Trinity, Jamie, and everybody back there, getting your text messages,
you know, while I was by my mom's bedside really meant a lot.
And my mom's greatest fear was dying alone. You know, she
always used to say -- she was in assisted living, and she would die in
a chair. I would get a call, and then I would, you know, come up
from Naples. She lived in St. Pete. But that didn't happen. I was
able to get up there and sit with her for almost three days, and, you
know, she basically, you know, passed in my arms. So mission
accomplished there.
But I really could feel the strength of my team and my family
here, Amy, you know, you and the rest of the folks. So thank you
very much. You know, tomorrow I'll head up and finish out all the
details of her funeral and all of the administrative things that need to
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be done. But I couldn't be more sincere that outside this door, people
really don't know what a great family this is, how much we care
about the county, and how much we care about each other.
And I want to thank my fiancée, Julia, who's been such a rock,
you know, through a whole lot that I've had to deal with with my
mom and lots of other things, some of them ridiculous. And so, you
know, thank you for being here. And, you know, tomorrow we'll go
up and, you know, do the final step. And I'm sure everybody in this
room has either had to do it or has done it. I haven't.
When my dad passed, my mom was super healthy, and we did
all the right things, and then got her sort of to recharge her batteries
and, you know, we had a lot of fun over the last -- or over the next
few years after my dad passed, but then, you know, she got Stage 4
cancer and things started to dwindle quickly.
So just in summary, thank you all. It meant so much to me,
more than you know, to see my phone light up and not have it be a
citizen saying, "You're a piece of crap," and "You need to do this,"
and "I can't believe you're ruining the county," but have it be my
family here at the county saying, "What can I do? We're praying for
you."
Commissioner Hall and his wife sent, you know, notes of
prayer. They're very religious people, and I think -- you know, I
know that their prayers meant a lot.
And then, of course, Father Orsi's sincerity, humor, and support
is something that I will never forget.
And so my mom's in a better place, and I'm sure she's eating a
big prime rib right now, and not through a straw, not through a straw.
Thank you.
CHAIRMAN SAUNDERS: Thank you. Ms. Patterson, we'll --
Item #2A
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APPROVAL OF TODAY'S REGULAR, CONSENT, AND
SUMMARY AGENDA AS AMENDED (EX-PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) - MOTION TO CONTINUE ITEM #16C1 TO THE
JANUARY 27, 2026, BCC MEETING BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSI ONER KOWAL –
APPROVED; MOTION TO APPROVE BY COMMISSIONER
HALL; SECONDED BY COMMISSIONER MCDANIEL –
APPROVED AND/OR ADOPTED W/CHANGES
MS. PATTERSON: Yes, sir.
Agenda changes for January 13th, 2026, we do have a series of
changes. First is to continue Item 16A13 to the January 27th, 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. This is being moved at Commissioner McDaniel's request.
Continue Item 17H to the January 27th, 2026, BCC meeting.
This is a 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. This is being moved at
staff's request.
Move Item 16A15 to 11E. This is a recommendation to approve
properties on the Conservation Collier Land Acquisition Advisory
Committee's November and December 2025 recommended active
acquisition lists and direct staff to pursue the projects recommended
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within the A category funded by the Conservation Collier Land
Acquisition Fund. This is being moved at Commissioner McDaniel
and Commissioner Hall's separate requests.
Move Item 16K1 to 12A. This is a recommendation to appoint
Thomas Sabourin to the Coastal Advisory Committee. This is being
moved at Commissioner McDaniel's request.
And move Item 16K19 to 12B. This is a recommendation to
approve a proclamation declaring a local state of emergency to repair
private impassable roads within unincorporated Collier County which
pose a threat to the health, safety, and welfare of Collier County
citizens, and finding a valid public purpose for expending
funds -- public funds to immediately repair private impassable roads.
There's also an updated fiscal impact of $1,238,800. This is being
moved at Commissioner LoCastro's request.
Finally, we have a series of time-certain items. Item 9E is to be
heard at 10 a.m. This is the adoption of the updated impact fee
studies and phased amendments to the Collier County Consolidated
Impact Fee Ordinance.
Item 11B to be heard at 11 a.m., which is a status update and
direction on proposed Camp Keais Silver Strand property exchange
and related land allocation plan.
And Items 9A and B to be heard at 1 o'clock p.m. This is the
Growth Management Plan amendment and rezoning for the 341
Sabal Palm Road Residential Development.
We do have court reporter breaks scheduled for 10:30 and again
at 2:50.
With that, County Attorney.
MR. KLATZKOW: No changes.
COMMISSIONER LoCASTRO: Commissioners.
CHAIRMAN SAUNDERS: Commissioner Kowal.
COMMISSIONER KOWAL: I have no changes, but I do have
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ex parte on summary. 17A, 17B, 17C, 17E, calls, emails, and
correspondence.
CHAIRMAN SAUNDERS: Commissioner Hall.
COMMISSIONER HALL: I have no changes, and I do have an
email on 17E.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Good morning. I have no
changes either, but I do have ex parte on 17A, B, and E.
CHAIRMAN SAUNDERS: All right. And, Commissioner
LoCastro.
COMMISSIONER LoCASTRO: I have no changes. On 17E, I
have emails and correspondence.
CHAIRMAN SAUNDERS: All right. I have no changes, and I
have no disclosure as well.
COMMISSIONER HALL: Move to approve.
CHAIRMAN SAUNDERS: Before we -- before we do that --
MR. MILLER: Mr. Chair, yeah, I do have public comment.
CHAIRMAN SAUNDERS: -- we have a registered speaker on
one of the items on consent, from what I understand.
MR. MILLER: Yes, on Item 16C1, Matt -- is it Gierden?
MR. GIERDEN: Yes, sir.
MR. MILLER: Yeah. You have three minutes, Matt.
CHAIRMAN SAUNDERS: And for the record, let's state what
16C1 is.
MR. GIERDEN: 16C1 is the disaster recovery and debris
removal --
CHAIRMAN SAUNDERS: All right.
MR. GIERDEN: Good morning, Commissioners. Thank you
for allowing me to speak today. My name is Matt Gierden. I'm a
senior vice president for AshBritt. I'm here today to talk about the
disaster recovery RFP.
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I'm not only coming here as a disaster contractor but also
coming here as Naples county resident living at 3462 Bravata Way.
For more than two decades, I've worked with communities
across the country helping them respond to disasters and navigate the
FEMA reimbursement process, so I've seen first hand what FEMA
allows, what they question, and also what they disallow. This
experience is why I'm up here today.
So we're grateful that staff ranked us the highest on points for
this RFP, but this is not about who gets the work. This is about the
procurement and how it was handled and the actions that may put the
procurement and FEMA funding at risk.
During this bid process, some of the vendors submitted prices
that were 100 percent higher, even 400 percent higher on some items.
Those gaps are not normal. They're not caused by fuel, cost, or
logistics. They're truly serious conditions for unbalanced pricing.
Under standard procurement process, these extreme prices
should raise serious concern. But the larger issue is not that. It's
what came next.
After the bid prices were public, every vendor was allowed to
see every other vendor's prices. At that point, it was no longer a
competition. Even so, the County, they went into negotiations. They
let -- vendors with very high prices, they allowed them to change
their rates. That meant vendors who were far out of line were
allowed to see everybody else's price and then adjust their rates in a
fair competition. Once that happens, the process is no longer fair.
Allowing price changes after public disclosure turns negotiations into
a do-over.
This is not just about a fairness issue. It's about a federal
funding risk. FEMA doesn't reimburse work simply because the
work was performed. FEMA closely reviews the procurement
process to make sure it followed federal rules. They look at fair
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competition, reasonable pricing, and ultimately whether the bids are
balanced.
When vendors are allowed to fix their prices, especially extreme
pricing after the bids are public, FEMA can determine that the bids
were noncompliant. That can lead to reduced reimbursement, denied
cost, or denied cost altogether, especially years down the road after
the County's already paid its bills. When that happens, vendors don't
lose the money. Taxpayers do.
When FEMA reviews your procurement, they don't look at your
intentions. They look at the process. If FEMA determines the
process is noncompliant, the County, not the vendors, will bear all
financial consequences. These decision don't just affect this contract.
They affect Collier's credibility, future disaster funding, and the
responsibility of the Commission to protect public money.
So my question to the Commission is straightforward. Given
these procurement uncertainties, is the Commission prepared to risk
future reimbursement which could be hundreds of millions of dollars
and knowingly gamble with taxpayer dollars?
I thank you for your time, and I look forward to the Commission
taking action on this item.
CHAIRMAN SAUNDERS: Before you move from the podium,
what are you recommending that we do? Because, you know, you
and I have not spoken about this. I've spoken to the manager.
MR. GIERDEN: Right.
CHAIRMAN SAUNDERS: And you've raised some issues that
are of concern when you start talking about the potential of losing
federal funding or reimbursement. So what is it that you're
recommending that the Board do?
MR. GIERDEN: At this point take a closer look at the actual
reimbursement process and probably reissue the RFP.
CHAIRMAN SAUNDERS: Any comments from the Board?
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Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, I have a question for our
staff. I spoke with our staff yesterday at length on this matter. I
triggered it over the weekend when I was reviewing the Board
package. And so my straight-up question is: Are these -- I'm going
to call them allegations because I wasn't part of the process. Are
these allegations of price changes after the RFP correct? Yes or no?
MR. FINN: The answer, sir, is I believe the price discussion
took place prior to any of this becoming public.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SAUNDERS: Commissioner, you know, there's a
disagreement, and I think we need to put this on the regular agenda.
COMMISSIONER McDANIEL: Well, and/or continue it.
That's my next question is, can we continue this item for a more
in-depth review, bring it back at our second meeting in January to
make sure that the processes were, in fact, fulfilled and that we aren't
in jeopardy of potentially reimbursement with regard to FEMA when
the inevitable next storm comes?
MS. PATTERSON: Sir, we can continue it to the next meeting.
COMMISSIONER McDANIEL: I'll make a motion to do that.
COMMISSIONER KOWAL: Second.
CHAIRMAN SAUNDERS: All right. There's a motion and
second to continue this to the next agenda. I assume you'll be
available to meet with our staff.
MR. GIERDEN: Yes, sir.
COMMISSIONER McDANIEL: And me.
MR. GIERDEN: Yes, sir. Absolutely.
CHAIRMAN SAUNDERS: Yep, with all of us.
All right. We have a motion and second. All in favor, signify
by saying aye.
COMMISSIONER McDANIEL: Aye.
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COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That item is continued until
January 27th; is that correct?
MS. PATTERSON: Yes.
MR. GIERDEN: Thank you very much.
CHAIRMAN SAUNDERS: Thank you.
All right. Any other speakers on consent?
MR. MILLER: No.
CHAIRMAN SAUNDERS: Then I think we're ready for a
motion on the consent agenda.
COMMISSIONER HALL: Move to approve the consent.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and a second to
approve the consent agenda. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
And I believe my only last item is the minutes, if I'm correct.
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Item #2B
DECEMBER 9, 2025, BCC MINUTES - MOTION TO APPROVE
BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
MS. PATTERSON: Yes, sir. The minutes of December 9th,
2025.
COMMISSIONER McDANIEL: Move for approval.
COMMISSIONER HALL: Second.
CHAIRMAN SAUNDERS: We have motion and a second to
approve the minutes. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
Item #2C
THE BOARD AUTHORIZE THE NEW CHAIR FOR BOTH THE
BOARD OF COUNTY COMMISSIONERS AND THE
COMMUNITY REDEVELOPMENT AGENCY AND TO
EXECUTE ALL DOCUMENTS APPROVED AT BOTH THIS
MEETING AND THOSE DOCUMENTS WHICH WERE
PREVIOUSLY APPROVED BUT ARE PENDING SIGNATURE. -
MOTION TO APPOINT COMMISSIONER KOWAL AS BCC
CHAIRMAN BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED ; MOTION TO
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APPOINT COMMISSIONER MCDANIEL AS BCC VICE-CHAIR
BY COMMISSIONER KOWAL; VOTE CALLED – APPROVED
CHAIRMAN SAUNDERS: That passes unanimously.
Then we'll move on to the changing of the Chair. Just so the
audience is aware of our process, we have an ordinance in Collier
County that requires the chairmanship of the Commission to be
rotated every year, and it goes by District number. So I'm District 3.
I followed Commissioner Hall, District 2, and Commissioner Kowal
will follow me, District 4. So that's our process.
COMMISSIONER McDANIEL: If we vote for him.
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN SAUNDERS: That's correct.
COMMISSIONER McDANIEL: It still requires a vote.
CHAIRMAN SAUNDERS: There's no binding situation here,
so...
COMMISSIONER LoCASTRO: This one's very up in the air.
CHAIRMAN SAUNDERS: One thing we are bound on is that I
vacate the Chair regardless of what you do.
COMMISSIONER LoCASTRO: Yeah. We're all in favor of
that. All in favor? Aye.
CHAIRMAN SAUNDERS: Okay. So we're clear on that one.
COMMISSIONER KOWAL: We'll do a joint Chair operation.
CHAIRMAN SAUNDERS: And then, Commissioner Kowal,
you can start to lobby the rest of the Board for the next part.
COMMISSIONER McDANIEL: I'll make the motion to elect
him.
COMMISSIONER LoCASTRO: I'll second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
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COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously. All
right.
COMMISSIONER KOWAL: And Vice Chair is Commissioner
McDaniel.
COMMISSIONER McDANIEL: Commissioner, vice, yes.
COMMISSIONER KOWAL: Yes, a vice.
CHAIRMAN SAUNDERS: Then we'll go ahead and take a
separate motion on that, then. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
All right. So we'll --
COMMISSIONER McDANIEL: That motion's invalid because
you're not the Chair anymore. He is.
CHAIRMAN SAUNDERS: That's true. That's true.
All right. I'll start off just by saying that I've -- you know, when
people buy boats, everybody says that the two happy moments in the
life of a boat owner, one is when they buy the boat, and the other is
when they get rid of the boat. That's true of the chairmanship, as far
as I'm concerned. It was a happy day when I moved into this chair. I
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have thoroughly enjoyed the year. And I can tell you that it is with
great joy that I move over to the other chair. So I want to thank the
Board for --
COMMISSIONER McDANIEL: Thank you.
CHAIRMAN SAUNDERS: -- helping me and thank the Board
for what I think was a very good year for the County and for the
Commission. So thank you. Thank you for that opportunity.
COMMISSIONER KOWAL: And I would like to thank the
outgoing Chair for all the hard work he did this year. We had some
big hurdles we got through, through his guidance and leadership.
One that we've been working on for some time, and he just happened
to be the Chair at the time we got awarded the veterans nursing home.
And, Commissioner Saunders, I have to say I got to sit next to
you for almost two years, and there's no -- there's no substitution for
experience. And Commissioner Saunders, as we all know, he has a
lot of experience. He was up in Tallahassee when they had covered
wagons and everything else.
But no -- and just the ability to navigate the system and follow
in his lead when we were in Tallahassee and, you know, in other
areas where, you know, he just knows the system and how to help us
get in the right spots at the right times to talk to the right people.
That's -- those are certain things you just don't learn, you know, in a
couple years on the job. So I have to thank him for, you know,
guiding us through this past year and his wisdom in navigating the
system of politics. Not so much politics, just the rules of how, you
know, statutorily things are handled and what you can or can't do. So
it's a big benefit, having the experience like that, you know, on this
Board. So thank you.
CHAIRMAN SAUNDERS: Thank you.
COMMISSIONER LoCASTRO: I just want to also add -- echo
some thanks.
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2025 was -- as Commissioner Kowal said was a really important
year for the County. Not just the veterans nursing home, although
that one was a big lead, but lots of other things. And I'll just say you
can't undersell the importance of walking into significant offices in
Tallahassee to fight for anything and Burt Saunders is leading the
five of us into the room. That had a real strength. It had incredible
leadership. And, you know, when they look at him and say, "Hello,
Senator," and then we all sit around -- you know, we were looking for
every little bit we could, and Commissioner Saunders gave us more
than a lot of -- a lot of a little bit.
On the flip side, we always had to walk by his picture from 1942
where he had jet black hair and all this. He looks exactly the same
but just darker hair. And he always had to sort of point that out. I
say that tongue in cheek. But it did make a big difference.
And as he said, we randomly -- you know, we all take turns.
You know, we go in order of district. How lucky we were that in
2025 Commissioner Burt Saunders was our Chair for all the things
we had to lead, especially in Tallahassee, and even locally. So thank
you, sir.
CHAIRMAN SAUNDERS: Thank you.
COMMISSIONER LoCASTRO: It made a big difference, and
it was noticed and appreciated.
CHAIRMAN SAUNDERS: Thank you.
COMMISSIONER McDANIEL: Echo.
COMMISSIONER HALL: I'll ditto all the comments. And in
the spirit of moving the meeting right along, I was proud of you this
year. You did great.
CHAIRMAN SAUNDERS: Thank you. I think the next order
of business, we go down here to take a picture.
COMMISSIONER KOWAL: Yes, sir.
MS. PATTERSON: Yes, sir.
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Page 19
CHAIRMAN SAUNDERS: And we switch chairs. So we'll be
in sort of an informal recess here for about two minutes.
COMMISSIONER McDANIEL: Just you or all of us?
MS. PATTERSON: All of you.
COMMISSIONER HALL: For real?
(A brief recess was had, and the chairmanship changed from
Commissioner Saunders to Commissioner Kowal.)
CHAIRMAN KOWAL: Well, good morning, everyone.
COMMISSIONER McDANIEL: Good morning, Mr. Chair.
CHAIRMAN KOWAL: Good morning.
Ms. Patterson, I believe we have -- well, we're not quite up on
our time-certains, are we?
MS. PATTERSON: No, sir. We're going to move on Item 2C
where we are going to identify the --
CHAIRMAN KOWAL: Oh, yeah.
MS. PATTERSON: -- committees.
Item #2D
THE BOARD OF COUNTY COMMISSIONERS APPOINT ITS
MEMBERS TO THE COMMUNITY REDEVELOPMENT
AGENCY, THE TOURIST DEVELOPMENT COUNCIL, THE
COMMUNITY AND ECONOMIC DEVELOPMENT BOARD, THE
AFFORDABLE HOUSING ADVISORY COMMITTEE, THE
PUBLIC SAFETY COORDINATING COUNCIL, AND THE
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL. -
MOTION TO APPOINT COMMISSIONER MCDANIEL TO
IMMOKALEE CRA AND COMMISSIONER KOWAL TO
BAYSHORE CRA; COMMISSIONER SAUNDERS TO THE TDC;
COMMISSIONER MCDANIEL TO THE SFWRPC WITH
COMMISSIONER LOCASTRO AS ALTER NATE;
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January 13, 2026
Page 20
COMMISSIONER HALL TO THE ECONOMIC DEVELOPMENT
COMMITTEE; COMMISSIONER MCDANIEL TO THE AHAC;
COMMISSIONER KOWAL TO THE PSCC BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER KOWAL –
APPROVED
MS. PATTERSON: So this is a recommendation that the Board
of County Commissioners appoint its members to the Community
Redevelopment Agency, the Tourist Development Council, the
Community and Economic Development Board, the Affordable
Housing Advisory Committee, the Public Safety Coordinating
Council, and the Southwest Florida Regional Planning Council.
So as you know, the CRAs remain with the commissioners of
those districts, District 5 and then District 4 for Bayshore and
Immokalee, and then the Tourist Development Council is the
outgoing chair, so Commissioner Saunders. So that leaves the
remainder of these for you-all to decide.
CHAIRMAN KOWAL: Okay. Does anybody have any desire
to do any particular one again?
COMMISSIONER LoCASTRO: Well, I mean, one of the
things that we had said is, you know, try to spread the wealth and
take a turn, so -- and I'm sorry, I think --
CHAIRMAN KOWAL: You raised your hand there a second,
Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, I -- but the only one I
really want to volunteer for is to stay with the --
CHAIRMAN KOWAL: Southwest Florida.
COMMISSIONER McDANIEL: -- RPC. I mean, we're really
doing great things there. I missed the Zoom -- just for your brain, I
missed the Zoom -- well, I didn't. The commissioner from Sarasota
missed the Zoom last week, but we're one of the big three counties
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January 13, 2026
Page 21
away from contributing for the perpetual longevity of the RPC now.
COMMISSIONER LoCASTRO: Let me ask you this. So I
have been your deputy, and I went to as many meetings as I could.
COMMISSIONER McDANIEL: Sure.
COMMISSIONER LoCASTRO: And even on the Zoom. Do
you think there was a strength in that, that we had a tag team? And
no question you were the leader. You were speaking at the -- but
to -- as much as possible to have two of us from Collier County.
Most of these other boards don't really have a backup. But at the
time you were leading the charge to really turn -- try to turn this into
something. And, you know, as part of our conversation, it was, "Hey,
we're Collier County. Maybe we should both try to go to as many
meetings," or if one of us couldn't go -- you know, I think maybe one
time I might have covered. What are your thoughts? I mean, should
I --
COMMISSIONER McDANIEL: My thoughts are, if you're
down with staying as the Vice Chair --
COMMISSIONER LoCASTRO: Yes.
COMMISSIONER McDANIEL: -- then -- or the second
appointee, if you will --
COMMISSIONER LoCASTRO: Right.
COMMISSIONER McDANIEL: -- I would love to have you
simply because you've been -- you've been with me through the
process and you know where we're going, and in the event that I get
laid up, which can happen, you could grab the reins and go.
COMMISSIONER LoCASTRO: Okay.
COMMISSIONER McDANIEL: So I'd volunteer for staying on
the RPC with Rick -- with Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I would concur for
that.
CHAIRMAN KOWAL: Well, I'll make a motion that the two of
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January 13, 2026
Page 22
you stay in your --
COMMISSIONER HALL: Do you want to stay with AHAC?
CHAIRMAN KOWAL: I wasn't really wanting to, but...
COMMISSIONER McDANIEL: Which was it?
CHAIRMAN KOWAL: AHAC.
COMMISSIONER McDANIEL: Oh, yeah.
CHAIRMAN KOWAL: That's another big one.
COMMISSIONER LoCASTRO: Who hasn't done that? So I
did it for two years. Commissioner Hall did it for --
CHAIRMAN KOWAL: You did it for two years, correct?
COMMISSIONER LoCASTRO: -- one or two?
COMMISSIONER HALL: Yeah, I did it for two.
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER SAUNDERS: I've got the TDC.
CHAIRMAN KOWAL: Oh, yeah.
COMMISSIONER LoCASTRO: That's a biggie.
COMMISSIONER SAUNDERS: That should be --
CHAIRMAN KOWAL: He gets wined and dined the whole
time, yeah.
COMMISSIONER McDANIEL: Hey, where's Mikey? Let's
give it to Mikey.
COMMISSIONER LoCASTRO: And the safety council, which
Commissioner Kowal's doing now --
CHAIRMAN KOWAL: Yeah.
COMMISSIONER LoCASTRO: -- I did it previous to you for
two years. So, you know, there again, it doesn't mean we can't go
back, but just trying to spread the wealth.
CHAIRMAN KOWAL: Yeah.
COMMISSIONER LoCASTRO: So figure out who should
do -- who can do what so that we get some fresh faces. Anybody got
any thoughts?
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Page 23
CHAIRMAN KOWAL: It's not very hard. I mean, it's just --
COMMISSIONER HALL: My thoughts are this. My thoughts
are, I'll do Economic Development for the next year if you'll finish up
your two years at AHAC, and then I'll swap you after that.
CHAIRMAN KOWAL: Okay. All right. So I guess a motion
would be I stay at AHAC, Commissioner Hall --
COMMISSIONER LoCASTRO: He'll stay at --
COMMISSIONER HALL: Economic Development.
CHAIRMAN KOWAL: Economic Development, yes.
COMMISSIONER McDANIEL: You want me to take the
AHAC?
CHAIRMAN KOWAL: If you want it.
COMMISSIONER McDANIEL: I don't want it, but I'll do it.
COMMISSIONER LoCASTRO: And then how about the
Safety? Do you want to stay on it?
CHAIRMAN KOWAL: I kind of want to stay. We've got a
couple irons in the fire, and now I'm doing the 20th Judicial juvenile
court thing also.
COMMISSIONER McDANIEL: And to be honest, I haven't
done -- I haven't done the AHAC at all.
CHAIRMAN KOWAL: Okay.
COMMISSIONER McDANIEL: So --
COMMISSIONER LoCASTRO: Those poor people.
COMMISSIONER HALL: They need you.
CHAIRMAN KOWAL: Oh, sure. They really need you, then.
COMMISSIONER McDANIEL: I'll be the huckleberry.
CHAIRMAN KOWAL: All right. Well, motion for
Commissioner McDaniel to be AHAC committee.
MS. PATTERSON: Do you want me to read through so you
can do it in one motion?
CHAIRMAN KOWAL: Sure.
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Page 24
MS. PATTERSON: Okay. So we have the CRAs will be
Commissioner McDaniel for Immokalee, Commissioner Kowal for
Bayshore; the TDC is Commissioner Saunders; the RPC is
Commissioner McDaniel with Commissioner LoCastro as his
alternate; Economic Development is Commissioner Hall; the AHAC
is Commissioner McDaniel; and Public Safety is Commissioner
Kowal.
COMMISSIONER McDANIEL: I'm down with that. So
moved.
CHAIRMAN KOWAL: 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: Unanimous. Thank you. Your new
jobs.
MS. PATTERSON: Commissioners, that brings us to Item 4,
proclamations. We do have a series of proclamations today.
Item #4A
PROCLAMATION RECOGNIZING J & M MARINE
CONSTRUCTION FOR EXEMPLARY PUBLIC SERVICE IN
VOLUNTARILY PROVIDING CREWS AND EQUIPMENT FOR
THE REMOVAL OF DANGEROUS DEBRIS FROM THE
WATERS AROUND KEEWAYDIN ISLAND. TO BE ACCEPTED
BY JEFF, KIM, HUNTER, AND PACEN REIMERS. - MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – ADOPTED
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Page 25
MS. PATTERSON: Start with Item 4A is a proclamation
recognizing J&M Marine Construction for exemplary public service
in voluntarily providing crews and equipment for the removal of
dangerous debris from the waters around Keewaydin Island. The
proclamation will be accepted by Jeff, Kim, Hunter and Pacen
Reimers. Congratulations and thank you.
(Applause.)
COMMISSIONER LoCASTRO: I just want to add the reason
why they're getting a proclamation is because we needed something
done on the water to improve safety, and when everybody was sort of
pointing in different directions, this company stepped forward
and -- you know, and took care of it quickly and didn't ask for
anything. And it was other citizens that saw how you took the lead
and volunteered and made our waters safer by removing some debris
and some other things with your own equipment and everything. So
thanks for being great citizens.
UNIDENTIFIED MALE VOICE: Thanks for recognizing us.
COMMISSIONER LoCASTRO: Yes, sir.
MS. PATTERSON: Thank you.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING JANUARY 16, 2026, AS REV.
DR. MARTIN LUTHER KING, JR. PRAYER BREAKFAST DAY.
TO BE ACCEPTED BY BISHOP RIC L. NEAL, WYNN WATKINS,
AND REV. IRVIN STALLWORTH. - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Item 4B is a proclamation designating
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January 13, 2026
Page 26
January 16th, 2026, as Reverend Dr. Martin Luther King, Jr., Prayer
Breakfast Day. To be accepted by Wynn Watkins and Reverend
Irvin Stallworth. Congratulations.
REVEREND STALLWORTH: While we're taking the
photograph, since we're having a prayer breakfast, it would be very
remiss of us if we didn't pray for you.
COMMISSIONER LoCASTRO: Thank you, sir.
REVEREND STALLWORTH: And so we want to pray for him
as well for his loss, but we want to celebrate with him with his
upcoming nuptials.
THE PHOTOGRAPHER: Can you remove the little stickie
note?
CHAIRMAN KOWAL: Failed as the Chairman.
REVEREND STALLWORTH: I was praying for you. I was
praying for you.
CHAIRMAN KOWAL: I had one job to do.
Sir, if you'd like to make a few comments about the breakfast.
REVEREND STALLWORTH: Sure.
Thank you so much, Commissioners, to the staff and to
everyone that is a part of Collier County and this community.
We are so excited to, at the Trinity Life Foundation, on behalf of
Bishop Neal and Wynn Watkins and the entire staff, that we have an
enrichment program that works with the Department of Juvenile
Justice, the Sheriff's Department, that we have an enrichment
program that helps young people get a help up. We want to do
everything we can in this community to be a part of this community
to help those young people stay out of trouble. They've shrunk their
vision to what they have, but we remind them that they have so much
more within them than they have outside of them.
The prayer breakfast is going to be a fundraiser that we actually
support this particular program, and all those proceeds go to funding
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January 13, 2026
Page 27
those young people.
With this prayer breakfast, it's going to be at the Vineyards
Country Club this coming Friday at 8 o'clock a.m., and all our
community is invited, and we're so excited to have you come and be
a part of it. And once again, I want to say on behalf of the Trinity
Life Foundation how happy I am for the Commissioners giving us
this proclamation.
And I want to say, once again, as a person who lost his mother
about eight months ago, I know what you're going through, and it's a
tough thing. But there are greater days ahead, because I want to
remind you out of all the lives and all the people and all the women
that God have ever created in the history of the world, he chose
Ms. Millie to be your mother.
COMMISSIONER LoCASTRO: Thank you. Thank you very
much.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING JANUARY 2026 AS HUMAN
TRAFFICKING PREVENTION MONTH IN COLLIER COUNTY.
TO BE ACCEPTED BY LINDA OBERHAUS, CEO, THE
SHELTER FOR ABUSED WOMEN & CHILDREN, AND JON
STEVENSON, PATH2FREEDOM CO-FOUNDER AND
EXECUTIVE DIRECTOR. - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Item 4C is a proclamation designating
January 2026 as Human Trafficking Prevention Month in Collier
County to be accepted by Linda Oberhaus, CEO, the Shelter for
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January 13, 2026
Page 28
Abused Women and Children, and Jill Palmer, Path to Freedom,
director of development, marketing, and communications.
Congratulations.
(Applause.)
CHAIRMAN KOWAL: Do one of you want to say a few words
to our commissioners?
MS. PALMER: Good morning, Commissioners. Thank you so
much for having us here today and for recognizing January as Human
Trafficking Awareness and Prevention Month. We're honored to be
recognized along with the Shelter and the team there.
I'm Jill Palmer. I'm the director of development for Path to
Freedom, a Southwest Florida non-profit dedicating to creating hope
and healing for our child survivors of sex trafficking. We provide
safe housing and long-term trauma-informed programs to help
survivors rebuild their lives.
Path to Freedom currently offers and operates two safe houses
here in Lee County and in Collier County as well as two transition
homes for our individuals once they turn 18.
On average, we receive about 14 referrals a month, and we
rarely have a bed available, highlighting the critical need that exists
across our state.
This past year, 24 young survivors found safety and restoration
through Path to Freedom. Each received family-style housing,
trauma-informed counseling, individualized education and tutoring,
life skills, coaching, and mentorship and community reintegration.
The fight against human trafficking takes all of us: Law
enforcement, community leaders, donors, and volunteers working
together. We are greatly -- greatly appreciative of your support and
commitment to protecting those along with our most vulnerable
youth. Thank you so much.
CHAIRMAN KOWAL: Thank you.
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Page 29
(Applause.)
MS. OBERHAUS: Okay. Good morning. For the record, I'm
Linda Oberhaus. I'm the CEO at the Shelter for Abused Women and
Children. And I'd like to thank Chairman Kowal and the rest of the
County Commissioners for acknowledging January as Human
Trafficking Awareness Month.
Human trafficking is a crime that happens in every community
across the country. The large majority of victims are no longer sold
on the streets. They are sold online. According to the National
Human Trafficking Hotline, Florida ranks third in the nation for the
number of human trafficking cases, and the Naples and Fort Myers
area ranks third in Florida for the number of cases.
Here, locally, the Shelter is partnering with the school district to
educate our children to prevent them from becoming a statistic and
partnering with the Collier County Sheriff's Office and the State
Attorney's Office on a holistic approach to end sex trafficking locally.
The approach is called ISP, and that stands for Identify, Support,
and Prosecute. It involves the Sheriff's Office identifying victims and
traffickers, the Shelter supporting those victims identified, and the
State Attorney's Office prosecuting the buyers and sellers of sex
trafficking victims in our community. It's only through awareness
and action that we'll be successful in keeping members of our
community safe.
So thank you again for helping to raise awareness of human
trafficking among our citizens here in Collier County.
CHAIRMAN KOWAL: Thank you.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING JANUARY 13, 2026, TO
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January 13, 2026
Page 30
RECOGNIZE THE 40TH ANNIVERSARY OF THE COLLIER
COMMUNITY FOUNDATION. TO BE ACCEPTED BY EILEEN
CONNOLLY-KEESLER, COLLIER COMMUNITY FOUNDATION
PRESIDENT AND CEO. - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Item 4D is a proclamation designating
January 13th, 2026, to recognize the 40th anniversary of the Collier
County Community Foundation -- I'm sorry -- the Collier Community
Foundation, to be accepted by Eileen Connolly-Keesler, Collier
Community Foundation president and CEO. Thank you.
(Applause.)
MS. CONNOLLY-KEESLER: Good morning. Eileen
Connolly-Keesler, president and CEO of the Community Foundation.
Thank you so much.
We are honored to receive this on our 40th anniversary. Just by
some strange coincidence, our 40th anniversary has brought the
number that we have given out $400 million since we were created
40 years ago out the door at the Community Foundation supporting
non-profits here in Collier County and beyond. And I really
appreciate the relationship we have built with the Commissioners and
all the staff at the County and looking forward to 2026 and seeing
what kind of great things we can do to help make our county a better
place. So thank you.
CHAIRMAN KOWAL: Thank you, Eileen.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING JANUARY 18–24, 2026, AS
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January 13, 2026
Page 31
NATIONAL CERTIFIED REGISTERED NURSE ANESTHETISTS
WEEK. TO BE ACCEPTED BY REBECCA FLEETWOOD,
MEMBER OF THE FLORIDA ASSOCIATION OF RESIDENT
REGISTERED NURSE ANESTHETISTS (FARRNA). - MOTION
TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED
BY COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Item 4E is a proclamation designating
January 18th through 24th, 2026, as National Certified Registered
Nurse Anesthetists Week. I knew I was going to stumble on that
one --
CHAIRMAN KOWAL: You're going to need a nurse.
MS. PATTERSON: -- to be accepted by delegates from the
Florida Association of Resident Registered Nurse Anesthetists.
Thank you and congratulations.
(Applause.)
MS. FLEETWOOD: That's why we go to school for so long. It
takes that long.
MS. PATTERSON: I feel like a third grader.
MS. FLEETWOOD: Thank you again so much. My name is
Rebecca Fleetwood. I am a doctoral student going back to get my
degree in nurse anesthesiology at Florida Gulf Coast University, so
I'm represented with my director, Dr. Virginia Londahl-Ramsey, and
then my assistant program director, Dr. Thomas Lansden.
On behalf of the Florida Association of Nurse Anesthesiology, I
want to thank Chairman Burt Saunders and Collier County for issuing
the proclamation for CRNA Week 2026 and recognizing the vital role
that certified registered nurse anesthetists play in our healthcare
system.
For more than 150 years, CRNAs have been committed to
providing safe, high-quality anesthesia care while serving our
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January 13, 2026
Page 32
communities with integrity and compassion.
We are so grateful for this recognition and remain dedicated to
delivering care that is safe, competent, and patient-centered.
Thank you again.
CHAIRMAN KOWAL: Thank you.
(Applause.)
Item #4F
PROCLAMATION DESIGNATING JANUARY 26, 2026, AS
FLORIDA EARLY LEARNING DAY IN COLLIER COUNTY. TO
BE ACCEPTED BY DAWN MONTECALVO, PRESIDENT/CEO,
GUADALUPE CENTER. - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Item 4F is a proclamation designating
January 26th, 2026, as Florida Early Learning Day in Collier County,
to be accepted by Dawn Montecalvo, president and CEO of
Guadalupe Center. Congratulations.
CHAIRMAN KOWAL: Thank you.
MS. MONTECALVO: Thank you. Is it on?
Good morning. I am Dawn Montecalvo, president of the
Guadalupe Center, and with me today is Megan McCarthy, the
managing director of Future Ready Collier, and Maria Jimenez-Lara,
the CEO Naples -- Naples Children Foundation.
With their help, we are in a collaboration to recognize early
learning throughout the community. But early -- all in for Early
Learning Day on January 26th, our inaugural day, will be a statewide
movement throughout the state recognizing the importance of early
learning in the first five years of a child but also the educators.
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Page 33
So thank you so much for honoring this profession and
recognizing the importance of educating children at an early age. I
hope on January 26th, Commissioner McDaniel will be reading to
our children. So on this next few --
COMMISSIONER McDANIEL: It's a challenge.
MS. MONTECALVO: -- on that day I hope that you will all
visit a center or recognize the importance of early learning for our
children.
COMMISSIONER McDANIEL: Nobody told me about
reading.
MS. MONTECALVO: I was going to test you first before.
CHAIRMAN KOWAL: Nice.
MS. MONTECALVO: We were going to make sure you can.
CHAIRMAN KOWAL: You've got to take a quick reading test.
MS. MONTECALVO: But I do want to thank you all and thank
you for my partners here for the collaboration of improving the
school readiness in our community with starting at an early age. So
thank you.
CHAIRMAN KOWAL: Thank you. Can I get a -- I guess a
motion to approve these proclamations?
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER McDANIEL: Second.
CHAIRMAN KOWAL: I have a motion, and 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: It passes unanimously. Okay.
MS. PATTERSON: All right. That brings us to Item --
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Page 34
CHAIRMAN KOWAL: We've got thirteen minutes.
MS. PATTERSON: Yep. We're going to knock out a couple
more things.
CHAIRMAN KOWAL: Let's do it.
Item #5A
COMMISSIONER CITATION PRESENTED TO THE MEMBERS
OF THE EAST OF 951 COMMITTEE BY COMMISSIONER
MCDANIEL. – PRESENTED
MS. PATTERSON: Item 5A is a commissioner citation
presented to the members of the East of 951 Committee by
Commissioner McDaniel.
Commissioner.
COMMISSIONER McDANIEL: Yes. Good morning. I -- you
know, we worked together a couple of years ago, reconvened the East
of 951 Horizon Study 2.0 that then spent two years of their life
reviewing circumstances in Eastern Collier County. And oftentimes
our advisory boards, advisory committees, just go unannounced, and
I thought it was appropriate for -- except for Mr. Teaters who's is
directing traffic right now. I thought it was appropriate for us to
acknowledge them, and I have -- I have little pretty certificates. If
you don't mind, I'm going to read the names of the committee.
And then, Commissioner Saunders, if you would join me after
we get done, because you assisted in the preparation and appointees
of this committee. Then we'll join them down there for a picture.
And for those of the committee that couldn't be here, I'll attend
their first meeting. Because we then, after this committee finished its
purview as serving on the East of 951 Horizon Committee 2.0, then
we reconvened the same group to be -- I don't know if Parker's still
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January 13, 2026
Page 35
driving the bus, but we reconvened the same group to be doing the
GMP amendments for Golden Gate Estates Rural, east of 951. So
this same -- this same bunch of people are going to do it.
So with that, we have Parker -- Parker Klopf.
And then we have Mark Teaters. That's Mr. Teaters right there,
if you'd wave your hand, please.
And Robert Raines, Bob Raines. He's not here right now.
Kimberly Ellis, Michael Ramsey, Bruce Hamels. I talked to
Bruce. He was taking care of his grandson this morning.
Aaron Zwiefel.
Douglas Rankin, he's on the end down there.
Christina Aguilera, she wasn't able to make it.
And last but not least, Ms. Rae Ann Burton right here in the
middle.
So if you would, Burt, let's go down and get our picture took.
CHAIRMAN KOWAL: Should we stand up behind you guys?
COMMISSIONER McDANIEL: Yeah, sure.
CHAIRMAN KOWAL: A couple heads just floating in the
background.
(Applause.)
CHAIRMAN KOWAL: All right. Let these guys get back to
their seats. We've got nine minutes.
MS. PATTERSON: Yes, sir. I'm going to read in the Artist of
the Month quickly, and then I think we can take one of our Item 11s
really quickly before we go to our 10 o'clock time-certain.
I didn't want to start the public -- we have some public
comment, but there's quite -- there's quite a few of them.
All right. If I can turn your attention to the back of the room,
the January Artist of the Month is Anne McLaughlin, executive
director of the Collier Metropolitan Planning Organization. She has a
BFA in art studio and MA in architecture from University of New
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January 13, 2026
Page 36
Mexico. She has previously exhibited acrylic and watercolor
paintings, drawings, lithographs, and etchings at the Artist' Co-op
Gallery, Mayan's Gallery, and Graphics House Gallery in Santa Fe,
New Mexico.
Since moving to Collier County 10 years ago, Ms. McLaughlin
has exhibited her art in various invitational shows at the Naples Art
Institute, the Visual Arts Center in Bonita Springs, Coco Galleries in
Naples and Estero, and the Naples Botanical Garden.
Ms. McLaughlin stated, "Creating art is a way of capturing
memories and expressing the joy I feel looking at all the beauty that
surrounds us in Southwest Florida." She paints from memory, from
sketches she's made, and from photographs. She discovered the
creative possibilities of digital art this past summer and has been
experimenting with the Procreate app ever since. She sees it as new
technology for printmaking.
Item #11A
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 24-8313, “DESIGN SERVICES FOR EVERGLADES BLVD
WIDENING FROM OIL WELL RD TO VANDERBILT BEACH RD
EXT” TO JACOBS ENGINEERING GROUP, INC., IN THE
AMOUNT OF $7,650,000.00, APPROVE ANY NECESSARY
BUDGET AMENDMENTS, AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED AGREEMENT (PROJECT NUMBER
60263). (MARLENE MESSAM, SUPERVISOR, PROJECT
MANAGEMENT (LICENSED)) - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER SAUNDERS – APPROVED
MS. PATTERSON: All right. With that, if we can jump to Item
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11A, Marlene and Jay.
This is a recommendation to award Request for Professional
Services No. 24-8313, Design Services for Everglades Boulevard
widening from Oil Well Road to Vanderbilt Beach Road extension,
to Jacobs Engineering Group in the amount of $7,650,000, approve
any necessary budget amendments, and authorize the Chair to sign
the attached agreement.
Ms. Marlene Messam, supervisor of project management
license, is here to present or answer questions.
COMMISSIONER McDANIEL: Quick motion for approval.
CHAIRMAN KOWAL: I was going to say, we get these
briefings behind closed doors, so a lot of times we already know a lot
of what's going on.
So I have a motion. Do I have a second?
COMMISSIONER HALL: Second.
CHAIRMAN KOWAL: I have a motion and a second for
approval. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: It passes unanimously.
Thank you.
MS. MESSAM: Thank you, Commissioners.
CHAIRMAN KOWAL: Thank you for your presentation.
Item #11C
AWARD CONSTRUCTION INVITATION TO BID NO. 24-8271,
"CONSTRUCTION SERVICES FOR VANDERBILT BEACH
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January 13, 2026
Page 38
ROAD WIDENING FROM EAST OF US 41 TO FONTANA DEL
SOL WAY," TO WATSON CIVIL CONSTRUCTION, INC., IN THE
AMOUNT OF $26,956,179.13; APPROVE AN OWNER'S
ALLOWANCE OF $1,482,589.86, APPROVE THE NECESSARY
BUDGET AMENDMENTS, AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED AGREEMENT. (PROJECT NUMBER
60199) (JAY AHMAD, DIVISION DIRECTOR
TRANSPORTATION ENGINEERING) - MOTION TO APPROVE
BY COMMISSIONER HALL; SECONDED BY COMMISSIONER
SAUNDERS – APPROVED
MS. PATTERSON: Well, Jay, you might as well stay there,
because let's go ahead here and take your Item 11C. This is another
road project. This is a recommendation to award Construction
Invitation to Bid No. 24-8271, Construction Services for Vanderbilt
Beach Road widening from east of U.S. 41 to Fontana Del Sol Way,
to Watson Civil Construction, Inc., in the amount of $26,956,179.13,
approve an owner's allowance of $1,482,589.86, approve the
necessary budget amendments, and authorize the Chair to sign the
attached agreement.
Mr. Jay Ahmad, your division director of Transportation
Engineering, again, is here to present or answer questions.
MR. AHMAD: Good morning, Mr. Chairman.
CHAIRMAN KOWAL: Good morning.
MR. AHMAD: Commissioners, I'm Jay Ahmad. Be happy to
present or answer any questions that you may have.
CHAIRMAN KOWAL: Well --
COMMISSIONER McDANIEL: I'll let him do it.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a
motion to approve.
COMMISSIONER McDANIEL: Oh, okay.
Page 45 of 3707
January 13, 2026
Page 39
COMMISSIONER SAUNDERS: Oh, I'm sorry.
COMMISSIONER McDANIEL: I was going to let Chris do it.
CHAIRMAN KOWAL: I was going to let Chris say something.
COMMISSIONER HALL: Mr. Chairman, I'll make a motion to
approve.
COMMISSIONER SAUNDERS: I'll second.
CHAIRMAN KOWAL: So I have Commissioner Hall, motion,
and a second from Saunders. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: That passes unanimously.
COMMISSIONER HALL: Go ahead.
COMMISSIONER McDANIEL: You go first, then I'll light up.
COMMISSIONER HALL: I was just going to let the public
know, we're not up here just willy-nilly passing $27 million for
projects and $7 million. This is coming before us for the mere
amount. It has to -- it has to have a vote for us just for the amount.
But we've been very well versed, very well these -- knowledge of
these projects for sometimes years. So this is the last of the getting
where we can get -- get busy and get our roads fixed.
MR. AHMAD: Yes, sir. Thank you.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Thank you, Chair.
And I -- similarly, I didn't want it to go unnoticed. You know,
the shift you've watched -- that I've seen out of this Board of County
Commissioners has been not only for cost controls, but appropriation
for necessary life-sustaining capital improvements. The extension of
Everglades Boulevard and the widening of Everglades Boulevard is
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January 13, 2026
Page 40
part of a grid system of Eastern Collier County that did not exist.
The extension of Vanderbilt going back to the west is moving that
traffic that's already clustered right there at Goodlette Road over to
41. These are -- these are imperative life-changing, life-quality
circumstances that this Board is appropriating.
And I -- and it's not willy-nilly. We've been briefed ad nauseam
on these things. And I just want to thank my colleagues for working
with us and moving these things forward.
CHAIRMAN KOWAL: Thank you.
COMMISSIONER McDANIEL: Thank you.
Item #11D
THE BOARD OF COUNTY COMMISSIONERS, AS THE EX-
OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, AWARD INVITATION TO BID NO.
24-8277R TO KYLE CONSTRUCTION, INC., FOR THE
CARLTON STREET SIDEWALK, POTABLE WATER,
WASTEWATER, AND STORMWATER INFRASTRUCTURE
IMPROVEMENTS PROJECT, IN THE AMOUNT OF
$4,687,836.50, APPROVE AN OWNER’S ALLOWANCE OF
$200,000, APPROVE THE NECESSARY BUDGET
AMENDMENTS, AND AUTHORIZE THE CHAIR TO SIGN THE
ATTACHED AGREEMENT. (PROJECT NUMBERS 70275, 60250,
60228) (JIM DELONY, INTERIM DEPARTMENT HEAD -
PUBLIC UTILITIES) - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
MS. PATTERSON: All right. Similarly, on the theme of
infrastructure, we can take Item 11D, and then we'll move on to our
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Page 41
10 o'clock time-certain. This is a recommendation that the Board of
County Commissioners, as the ex-officio governing board of the
Collier County Water/Sewer District, award Invitation to Bid
No. 24-8277R to Kyle Construction, Inc., for the Carlton Street
sidewalk potable water, wastewater, and stormwater infrastructure
improvements project in the amount of $4,687,836.50, approve an
owner's allowance of $200,000, approve the necessary budget
amendments, and authorize the Chair to sign the attached agreement.
Mr. Jim DeLony, your department head for Public Utilities, is
here to present or answer questions.
MR. DeLONY: Commissioners, good morning. Jim DeLony,
for the record.
Next chart, please. This is a recommendation with regard to this
matter to show that it very much outlines the full scope of this
project. I'm here for your questions or presentation should you
choose.
COMMISSIONER McDANIEL: Move for approval.
CHAIRMAN KOWAL: All right. Well, I have a move 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: That passes unanimously.
Thank you, Mr. DeLony.
MR. DeLONY: Thank you.
MS. PATTERSON: All right. Commissioners, I think we can
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January 13, 2026
Page 42
get ready for our 10 o'clock time-certain now. So that brings us to
item -- oh, yes, sir.
CHAIRMAN KOWAL: Ms. Patterson, do we want to do public
comment after this item?
MS. PATTERSON: Yes, sir.
CHAIRMAN KOWAL: Okay. Do we have a lot registered,
Troy?
MS. PATTERSON: We have seven we're up to?
MR. MILLER: Well, we're up to, like, nine right now.
MS. PATTERSON: I don't think this item's going to take much
time, then we can jump to the -- we'll go back to the public comment.
CHAIRMAN KOWAL: Okay.
MS. PATTERSON: Because we have -- we have members of
the school district here that are waiting on this item.
COMMISSIONER McDANIEL: Just the superintendent.
What's she got to do?
MS. PATTERSON: All right. So Item 10A I'm going to read
into the record. Sorry. I've lost my place completely. All right. 9A,
9E.
CHAIRMAN KOWAL: 9E.
MS. PATTERSON: 9E. I know, I'm, like, at 10 o'clock
and -- very disorganized.
Item #9E
ORDINANCE 2026-04: AN ORDINANCE AMENDING
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, PROVIDING FOR THE
INCORPORATION BY REFERENCE THE FOLLOWING EIGHT
(8) IMPACT FEE STUDIES: “COLLIER COUNTY ROAD
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January 13, 2026
Page 43
IMPACT FEE UPDATE STUDY” (DATED OCTOBER 8, 2025);
THE “COLLIER COUNTY EMERGENCY MEDICAL SERVICES
(EMS) IMPACT FEE UPDATE STUDY” (DATED OCTOBER 8,
2025); THE “COLLIER COUNTY LAW ENFORCEMENT
IMPACT FEE UPDATE STUDY” (DATED OCTOBER 8, 2025);
THE “COLLIER COUNTY CORRECTIONAL FACILITIES
IMPACT FEE UPDATE STUDY” (DATED OCTOBER 8, 2025);
THE “COLLIER COUNTY GOVERNMENT BUILDINGS
IMPACT FEE UPDATE STUDY” (DATED OCTOBER 8, 2025);
THE “COLLIER COUNTY LIBRARIES IMPACT FEE UPDATE
STUDY” (DATED OCTOBER 8, 2025); THE “COL LIER COUNTY
PARKS AND RECREATION IMPACT FEE UPDATE STUDY”
(DATED OCTOBER 8, 2025); AND THE “COLLIER COUNTY
SCHOOL IMPACT FEE UPDATE STUDY” (DATED OCTOBER 8,
2025); AMENDING IMPACT FEE RATE SCHEDULES ONE,
THREE, FOUR, SIX, SEVEN, EIGHT, NINE, AND TEN OF
APPENDIX A; PROVIDING ADDITIONAL ELIGIBILITY
REQUIREMENTS FOR PARTICIPATION IN IMPACT FEE
PROGRAMS; PROVIDING IMPACT FEE STUDY UPDATE
REQUIREMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINAN CES; AND
PROVIDING FOR AN EFFECTIVE DATE FOR ALL RATE
SCHEDULE DECREASES ON FEBRUARY 1, 2026, FOR PHASE
ONE, AND THE EFFECTIVE DATE FOR ALL RATE SCHEDULE
INCREASES, NEW AND/OR REPLACEMENT LAND USE
CATEGORY RATES SHALL BE DELAYED TO MAY 1, 2026,
FOR PHASE TWO; MAY 1, 2027, FOR PHASE THREE; MAY 1,
2028, FOR PHASE FOUR; AND MAY 1, 2029, FOR PHASE FIVE.
- MOTION TO APPROVE BY COMMISSIONER SAUNDERS;
SECONDED BY COMMISSIONER LOCASTRO – ADOPTED
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Page 44
MS. PATTERSON: All right. 9E is our 10 o'clock time-certain.
This is a recommendation to approve an ordinance amending Chapter
74 of the Collier County Code of Laws and Ordinances, the Collier
County consolidated impact fee ordinance providing for the
incorporation by reference the following eight impact fee studies:
Collier County Road Impact Fee Study dated October 8th, 2025; the
Collier County Emergency Medical Services Impact Fee Study dated
October 8th, 2025; the Collier County Law Enforcement Impact Fee
Update Study dated October 8th, 2025; the Collier County
Correctional Facilities Impact Fee updated -- Update Study dated
October 8th, 2025; the Collier County Government Buildings Impact
Fee Update Study dated October 8th, 2025; the Collier County
Libraries Impact Fee Update Study dated October 8th, 2025; the
Collier County Parks and Recreation Impact Fee Update Study dated
October 8th, 2025; the Collier County School Impact Fee Update
Study dated October 8th, 2025; amending Impact Fee Rate Schedules
One, Three, Four, Six, Seven, Eight, Nine, and 10 of Appendix A;
providing additional eligibility requirements for participation in
impact fee programs; providing impact fee study update
requirements; providing for conflict and severability; providing for
inclusion in the Collier County Code of Laws and Ordinances; and
providing for an effective date for all rate schedule decreases on
February 1st, 2026, for Phase 1, and the effective date for all
schedule increases, new or replacement land-use category rates, shall
be delayed to May 1st, 2026, for Phase 2; May 1st, 2027, for Phase 3;
May 11th, 2028, for Phase 4; and May 1st, 2029, for Phase 5.
With all of that, Mr. Gino Santabarbara, your impact fee
manager, is here to begin the presentation.
MR. SANTABARBARA: Good morning, Commissioners. For
the record, Gino Santabarbara. I'm your impact fee manager.
Today's item is a follow-up to the December 9th meeting where
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Page 45
the Board authorized the County Attorney to advertise the proposed
amendment to Chapter 74 of the Collier County laws and ordinances.
I have a brief presentation that I'm going to walk you through.
Amy just went through all of the amendments that are happening to
Chapter 74.
Rather than read them all again, I'm just going to briefly go
through them. It incorporates eight update impact fee studies;
amends the applicable impact fee rate schedule, Appendix A;
establishes the impact fee program eligibility requirements; clarifying
impact fee study update requirements; provides for conflict and
severability; and establishes effective dates.
So the following is a high-level summary of the impact fee
adjustments across several categories that we thought were relevant
and had the most use that we assessed the most going through our
offices.
It's important to note that any of the increases of any of the fees
is structured to be implemented over a four-year phase-in period, and
this is in accordance with Florida Statute 163.31801.
The next slide illustrates how the phase-in structure applies to a
typical single-family home under 4,000 square feet. So if adopted,
the applicable fee decreases would take effect on February 1st, 2026,
as you can see here.
So for a single-family home, that would result in a reduction of
approximately $648 to the overall impact fees -- fee costs.
On May 1st, the incremental first phase-in would be
implemented, and then the remaining increases would be phased in
gradually over subsequent years, and with the final phase-in rate to
take effect on May 1st, 2029.
So this kind of illustrates year by year what would happen
in -- the final phase of May 1st, 2029, would be the full rate that was
calculated.
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January 13, 2026
Page 46
So there's three takeaways that I just wanted to make sure we
had clarity on. All decreases will take effect on February 1st, no
impact fee will exceed 50 percent, and any increases are phased in
gradually over a four-year period.
So at the last meeting, the Board had some questions regarding
the school impact fee rate, so I wanted to just clarify the school
impact fee will not be increasing by 88 percent. I know there was a
slide in there that kind of was misleading. So any increase is capped
at no more than 50 percent of the current adopted rate and would be
phased in over a four-year period according to Florida state statute.
So this slide kind of demonstrates what would happen for a
single-family home under 4,000 square feet and each one of the
phases that would occur and the amount of the change.
COMMISSIONER McDANIEL: Can I ask a quick question
while you're on it -- before you change slides.
CHAIRMAN KOWAL: Go ahead, Commissioner McDaniel.
COMMISSIONER McDANIEL: Does that -- does that
$1,100 -- or $1,098 increase, is that included in the previous slides'
1400 increase?
MR. SANTABARBARA: It's within that, yes.
COMMISSIONER McDANIEL: Okay.
MR. SANTABARBARA: So the phase-in structure provides
predictability and ensures that the rate increases remains consistent
with the statutory cap limitations.
At the Board's request at the last meeting, staff went ahead and
reviewed and researched some permit data from our CityView
system. And I just wanted to provide some -- a little more
information on the number of permits that we go through year by
year. So this is the last six fiscal years. The data reflects residential
dwelling units that were assessed school impact fees during that
period, and on average it shows approximately 2,000 single-family
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Page 47
homes and 600 multifamily dwelling units that were assessed per
year, just to give you kind of a flavor of what we handle per year.
And with that, in closing, staff respectfully requests Board
approval of the amendment, Chapter 74 of the Collier County Code
of Laws and Ordinances as presented. And with that, I'm happy to
answer any questions that you may have.
CHAIRMAN KOWAL: We don't have any questions here.
Do we have any people registered, Troy, for --
MR. MILLER: Yes, we do. We have 11 registered speakers for
this item.
CHAIRMAN KOWAL: Okay. If we don't have any questions,
do you want to hear the speakers first or --
COMMISSIONER HALL: I have one comment.
CHAIRMAN KOWAL: Oh, I'm sorry. Go ahead,
Commissioner Hall.
COMMISSIONER HALL: Ms. Patterson, yesterday in that -- in
our staff meeting, I was under the impression wrongly that we could
raise impact fees and then we could take the money and we could
split some in stormwater, some to school, and you really nicely
explained to me that by law we can't do that and that the only really
choice that we have up here is to either fully fund the impact increase
or to short fund it. And other than that, we don't get any other
choices, so --
COMMISSIONER McDANIEL: Correct.
COMMISSIONER HALL: -- I learned something yesterday.
CHAIRMAN KOWAL: That's what I learned, too.
COMMISSIONER McDANIEL: Well, there you go.
CHAIRMAN KOWAL: All right. Oop, Commissioner
LoCastro.
COMMISSIONER LoCASTRO: I don't know if there's any
more discussion, but much like we've said for some of these
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Page 48
deep-dive votes, it's -- this isn't the first time we've seen these details.
I can only speak for me. I trust the experts that are out there.
You do a deep dive into your budget and what you need, the same
way that we do. We have to trust each other.
I have asked the questions that I needed to ask of Tim Moshier
and our school superintendent, and I've been, you know, to several
different, you know, gatherings to make sure that somebody just
didn't put their finger in the air and say, "Oh, guess what. We just
need more money."
And to see what you-all have done in a short time with our
school system and the new schools and how much Collier County is
growing -- I'm not here to second-guess nickels and dimes because
as -- I want to -- because I trust that you're doing it properly.
And as Commissioner Hall says, we don't have the latitude to
just say, "Oh, yeah, approve it," and then we're going to do it for
different things.
So I'm in favor of supporting our school system and our school
leadership and trust that you're not spending the money. You're
investing it. And as long as you're doing that, and I have confidence
that you are, I support what you're asking for. And unless -- you
know, I know there's more people to hear from, but, you know, I
want to be part of the motion that approves what you're asking for
because I believe in you-all and I know we worked together. And
that's it.
CHAIRMAN KOWAL: Thank you. Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I also will support the school district. I know we're going to
have some speakers. Some, perhaps, opposed to that, and we should
hear from them. But just to set the table -- and I think probably this
entire Board is going to be supportive of this, is my guess. And so I
only say that so that the speakers that -- we'll hear from the rest of the
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commissioners, but I support this. Don't need to hear a whole lot of
comment in support of it. I would be interested in hearing the
comments that are in opposition to it just to get that perspective. But
unless I hear something from that group, I'm going to support this.
CHAIRMAN KOWAL: Thank you, Commissioner.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Well, I'm going to
support it, but I don't like impact fees. Never have. It's a tax. It's an
increase.
You talk about housing affordability. When I came into office
in 2016, the previous board had hired a consultant, and they had
determined that every thousand-dollar increase, incremental increase
in a home precluded 32 people within our demographic from
affording that home.
So you look at these numbers, you look at these things going
across, and there are $1400-a-year increases that are being added to
our impact fees. Compensation needs to come from somewhere.
So having said that, I'm going to support the motion because,
like Commissioner LoCastro, I trust those who are providing this
information to us. I know -- and we have -- by the way, if you
noticed, haven't increased fees for quite some time because I've been
over here stomping my feet.
All that being said, I'm joining the Affordable Housing
Committee here. We're going to have discussions on rational ways
that we can accomplish housing affordability. This -- these increases
are a requisite for our school district to be able to do what
we're -- what they are doing, elimination of debt and supporting our
children. And as Commissioner -- he couldn't have said it -- I
couldn't have said it any better, I mean, it's an investment in our
community for the future.
CHAIRMAN KOWAL: Thank you. And I'll just make a quick
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Page 50
comment. I mean, I just want the public to understand that impact
fees were statutorily driven to -- you know, we're governed by these,
and these are only for new construction.
COMMISSIONER McDANIEL: Right.
CHAIRMAN KOWAL: It's not like, you know, making a repair
to this building or anything like that. It's all designed for future new
construction and as this county grows. And, you know, we don't
collect an impact fee on a resale of a home, because somebody
already paid it once. And then a percentage of people that move
here, it's kind of like putting their own skin in the game when they
build a home here and they move from another state. Now they're
putting a little bit in for the future of the construction of this county.
So that's what these impact fees are used for directly and no other
reason.
And when you talk about the schools, the Sheriff's Office, you
talk about EMS, we need a new EMS station, things like that, this is
where the money comes from a lot of times, at least a percentage of
it. And that's because when people move here -- they weren't
taxpayers before they moved here, especially coming from another
state.
So -- and the reality is they're kind of up front. They're going to
pay a little once they get here when the time comes to build a new
home or move into this county, and that money will be used. It's kind
of like a -- you know, like Social Security. You know, we all pay
Social Security right now, but that's paying for the people that
already retired, you know, and then they did it, their turn, and
everybody takes their turn. In a way, that's how I look at impact fees,
too.
And, you know, they're part of the puzzle. We know
construction's not getting cheaper every year. Construction's going
up and up. So we've got to kind of stay with the times sometimes,
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and sometimes we have to bite the bullet and make these hard
decisions. But I'm going to support it. I'm not big into taxing our
citizens. I mean, that's why I voted three years in a row to lower the
taxes, because I think that was the right thing to do. But I'm going to
support it as we move forward.
Troy, I guess we have public speakers.
MR. MILLER: Good morning, Mr. Chair. Yes.
I'm going to remind the speakers that you will hear a beep when
you have 30 seconds to go on your time, and I'll ask you to queue up
at both podiums.
Your first speaker is Nancy Chisholm. She'll be followed by
Amy Perwien. Nancy's been ceded additional time from Libbie
Bramson.
Libbie, can you raise your hand, indicating you're here.
(Raises hand.)
MR. MILLER: And Christine Basler.
(Raises hand.)
MR. MILLER: So Nancy will have a total of nine minutes.
CHAIRMAN KOWAL: I'll just remind the speakers that when
you are at the podium, you are speaking directly to the Board of
County Commissioners. You're not speaking to the audience. You're
not trying to get applause or any support in any way. You're
just -- this is your opportunity to face your government and say your
word, so -- good morning.
DR. CHISHOLM: Good morning. I am Dr. Nancy Chisholm,
and I'm speaking for the Education Ambassadors. You see these
buttons? We're A coalition supporting public education in Collier
County. And our coalition is comprised of three organizations that
represent approximately 700 members: The American Association of
University Women, the Greater Naples branch; the Interfaith Alliance
of Southwest Florida; and the League of Women Voters of Collier
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Page 52
County.
Commissioner Saunders has said that he doesn't particularly
want to hear comments in favor of this, and given the discussion now,
I'm really going to curtail my remarks, which weren't going to be nine
minutes anyway, but I appreciate the support of my colleagues.
We're here to urge you, our County Commissioners, to support
full funding of Collier County impact fees to the level recommended
by the independent consulting firm that you wisely hired. Their
report documented that no increase in impact fees for schools has
occurred in 10 years, and that it is important for these fees to parallel
the growth that has taken place in Collier during that period and as
projected for the future.
Now, we published an opinion piece in the Naples Daily News
this weekend talking about our arguments in support of impact fees.
So I won't go on with the rest of my statement and illuminate
those points again since you have already said many of those, but I'll
just close and say that I'm grateful that it appears you will be
supporting the impact fees, and we are very proud of our school
system, our A-rated school system and what they do. We have full
confidence in our financial managers, that office of finance is
award-winning, and we think spend money wisely, and they really
support the future citizens of Collier County so that we can have
skilled workers, we can have educated citizens who will be part of
our civic process. So thank you for your time.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Amy Perwien. She'll be
followed by Diane van Parys. Amy has been ceded additional time
from Janet Hoffman.
(Raises hand.)
MR. MILLER: And from Stephen Nordin.
MS. NORDIN: Stephanie.
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Page 53
MR. MILLER: Wow, Steph. I'm sorry. You had Steph, and I
got confused. You'll have nine minutes.
MS. PERWIEN: I'm also not going to take nine minutes, but I
think this just shows how much support there is for supporting the
impact fees.
So good morning. I'm here as a constituent, taxpayer, and proud
parent of recent CCPC graduates. We should all be proud of our
school district, which is one of the best in the state. I want to thank
the County and School District staff for providing information in
helping me understand impact fees. The thorough report by the
external consultant hired by the County was also informative.
Based on what I learned, I strongly support adopting the impact
fees at the proposed rate. By approving these fees, you can ensure
that students receive a quality education in well-built schools, and I'm
thankful that the Commissioners are already seeing that, and my
comments might not be necessary here, but you're there.
The buildings that the impact fees would fund also serve the
dual purpose of being used as hurricane shelters for all of Collier
County. So I know that we talked about our schoolchildren in our
district, but this also is for our county. Over the past three years, I
have attended most CCPS School Board meetings, and I've seen first
hand how the School Board and District staff have worked together
to make sure our students receive an excellent education and how
they work to control the costs while cutting unnecessary spending.
I appreciate that the Commissioners are putting their trust in the
School District for managing their funds, and I think they have done
a good job based on the last three years of what I've seen them
working on.
While the District controls the budget, they do not control rising
construction costs or increased growth in Collier County, and recent
growth, as we all probably know, has necessitated three new schools.
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All these were paid for without the District taking on additional debt,
saving the taxpayers $40 million.
In the near future, the District plans to build a transportation
facility in the Estates where most of the local growth is occurring.
While some may refer to this as a bus barn, this facility will be on a
28-acre site and will include parking for 200 school buses, workspace
for transportation staff, and a fuel island.
This transportation facility is needed because currently buses
have to travel far distances, which creates additional operating costs
that are not sustainable. Due to careful planning and conservative
budgeting, the District is poised to be debt-free. For those of us who
reviewed the most recent CCPS budget, it was apparent that the
District will not be able to remain debt-free if new schools are
needed.
As a taxpayer, I do not want to pay millions of dollars in debt
servicing each year to build new schools that will be needed for our
growing population.
The cost of new schools cannot be raised in just one year of
impact fees. It will take several years of collecting fees to build even
one school. Much like parents save for college over the years, the
District needs to be planning and saving for new school buildings that
will be in the future. Without doing this, the District will need to take
on debt which would then lead to property tax dollars being used to
pay debt and our property taxes going up, and this is why impact fees
need to be updated at the proposed rate now.
And I know that there was some concern about the cost of
impact fees, and I think it's already been acknowledged that these
will be phased in over four years. The full rate that we're seeing
today is not going to actually happen until May of 2029.
The proposed fees is a 15 percent increase from 10 years ago,
and this seems reasonable given how much building costs have
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increased in the past decade. For a $600,000 single-family home
under 400 [sic] square feet, the impact fees would account for less
than 5 percent of the cost of the home. And this is for the fully
phased-in rate, not the rate that we would be having next year and
over the next three years.
And based on information provided by the County, less than half
of the proposed impact fee is for the School District. Therefore, the
School District's proportion is less than 2.5 percent of a cost of a
$600,000 single-family home, which is much less than sales tax. And
this would be included in a mortgage, so it doesn't account for much
cost to the new build.
And it should be noted that the School District has opted for a
lower impact fee than was recommended by the County's external
consultant, and the current impact fee was adopted at less than the
recommended rate 10 years ago. So the District is actually already
behind, and this is not sustainable.
So I appreciate that you are going to hopefully approve the
impact fees at the recommended rate, and thank you for your careful
consideration, and for your leadership.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Diane van Parys. She'll be
followed by Tim Moshier. Diane's been ceded three additional
minutes from Jay Kohlhagen, who is seated right there.
MS. van PARYS: Thank you, Commissioners. And once again,
I probably won't use the six minutes. But I did want to discuss
impact fees from a standpoint of fiscal responsibility that our Collier
County Public Schools do and commit truly.
U.S. News/World Reports highlights school as a major reason
when they're highlighting the communities that are successful and
that people want to move to, and we certainly have seen that here. I
don't know if everyone remembers back when Hertz moved their
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headquarters from New Jersey to Estero, and we had several, several
employees from Hertz that moved into homes in communities on
Immokalee Road. Does anyone know why there's a parking lot on
Immokalee Road from Twin Eagle all the way down to 75 to go to
Estero?
COMMISSIONER McDANIEL: Yes, I do.
MS. van PARYS: Who said that?
COMMISSIONER McDANIEL: Me.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Seven schools.
MS. van PARYS: Well, anyway, Hertz brought a lot of
employees from New Jersey. And what did those New Jersey
employees want to do? They wanted to come to Collier County.
Why? Because our schools were excellent. I'm going to give you
just a quick example of how great our CCPS schools are.
Number 1, we score in the academic test scores 20 out of 21,
above the state average. There's 67 counties. We're rated No. 5.
Just to give you an idea, Lee County for five years consistently
is 21 out of 21, below the state average in all those test scores. That's
English and math in grades 3 through 10 and all other ancillary
subjects that are tested. Even Leon County in Tallahassee is above
the state in a few tests.
So Lee County schools, they're working on that. I'm not here to
diminish them. But 21 out of 21, below the state shows that
we -- that's why people come to Collier County, for the schools.
Secondly, many of us are retired. I think somebody spoke about
Social Security. Some of us are on that. But if you look at our
impact fees across all the different categories that we're approving
them, you will see that multifamily retirement communities and
everything, there are some fees that were increased. There's some
that are decreased. But we look across the cross-section. We
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identified 2,000 homes on average that are new.
I also want to argue the point that impact fees are not a tax. A
tax is assessed uniformly across all of the population. The gas tax
that we all pay, every time we fill up for gas we pay a tax. So impact
fees are only on new construction.
The other thing, we built the NCH hospital emergency room at
Collier and Immokalee. That was foresight to build that because
there were 10,000 building permits, and those were pulled, like, 12
years ago for that. The other thing is new building permits are the
only thing affected by this.
And just so you know, I did complete the impact fee calculator,
which is on the Collier County board site, and first of all, the link
does not work for the water and sewer impact. That was approved, I
believe, in December, and so that link doesn't work, and also the
North Collier Fire link does not work. But the --
COMMISSIONER McDANIEL: Let's reduce their impact fees,
then.
MS. van PARYS: Well, you can't calculate it.
COMMISSIONER McDANIEL: Impact fee.
MS. van PARYS: Okay. So I did it for single-family detached
home.
The other thing I would just mention is in support of the impact
fees for our schools, James Madison Institute, a think tank out of
Tallahassee, they compared the five-county area of impact fees, and
they concluded that we -- Collier County was way behind in terms of
that. We have built three new schools with the impact fees, which we
have a seven-year window to use those, less than $300 million that
we are using for those schools.
In Lee County, they have, as I mentioned the last time, that
half-penny tax. Do you know since 2018 they have collected
$647 million? Every one of us that pays that tax when we go to
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restaurants, et cetera, 647 million. Our impact fees on 2,000 homes
per year, starting in May, is not going to give us 647 million.
So I just -- I'm very appreciative of everything that each of our
Commissioners said in supporting our school impact fees and all the
other impact fees there. Thank you very much.
CHAIRMAN KOWAL: Thank you, Diane.
MR. MILLER: Your next speaker is Tim Moshier. He'll be
followed by Dr. John Newton.
MR. MOSHIER: Good morning. Thank you for your
consideration of the impact fees.
Personally, I hate paying taxes myself. This isn't an impact fee.
It's not a tax. It's an investment in our community. And I'd just like
to thank you guys for passing it. It's going to pay for future growth
so we don't have to pay for growth now. Also, I just want to bring to
your attention that two years ago our capital millage rate we did
reduce. It's the first time in the state that I'd ever heard about
reducing a capital millage. So we are looking out for the taxpayers'
money and everything. So whenever we can reduce millage on taxes
we do. So I just want to thank you guys for everything you're doing.
We're doing the best we can to help out the community.
Thank you.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Dr. John Newton. He'll be
followed by Amelia Vasquez.
DR. NEWTON: Dr. John Newton.
CHAIRMAN KOWAL: Good morning.
DR. NEWTON: I go to all the School Board meetings, and I
always praise them, this is an A school district. They hear me say it
all the time. It's an A school district. The schools are growing all the
time.
And I'm -- you know, I got up this morning, and I probably
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shouldn't have because I knew that you-all were going to say the
same thing, that you're behind it, and I'm behind it also, but the way
the school district is growing, it's an A school district. Kids are
coming here. I don't know where they're coming from, but they're
coming here. They're building schools all year, all -- every year, and
I want to just say ditto, and what they said is what I'm saying, we've
got to have it. Thank you.
CHAIRMAN KOWAL: Thank you, John.
MR. MILLER: Your final speaker on this item is Amelia
Vasquez.
MS. VASQUEZ: Good morning, Commissioners and Chair
Kowal. My name is Amelia Vasquez. I'm the executive officer for
the Collier Building Industry Association. I appreciate -- CBIA
appreciates the opportunity to follow up this morning on our
comments from December 9th meeting.
For the record, I did provide you -- each of you a memorandum
that expands on remarks -- remarks and documents a factual legal
basis for CBIA's position. My comments this morning will highlight
documents and matters particularly where the maximum fee allowed
by the law is being requested by the School District.
Based on the School District's own five-year capital, it shows
that no schools are going to be built through '29. Because impact
fees are intended to fund growth-related facilities, the record should
clearly connect today's fees to specific future schools and reasonable
time frame for that delivery. CBIA is asking that the document be
explicit.
Second, at the December meeting it was stated that all school
growth projections are based on Collier County's Growth
Management Plan; however, the adoption record does not clearly
identify which population projections they relied upon, whether those
projections are countywide, limited or on the unincorporated areas,
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whether they reflect permanent versus seasonal population, how they
align with commonly referenced sources such as the BEBR, or the
CGM.
These are traceability requirements, not policy disagreements.
Absent this clarity, the record risk falling short of the most recent and
localized data standard required by the Florida law.
CBIA is acknowledging that the proposed increases reflect the
statutory cap required by the phase-in; however, compliance with the
statutory cap does not replace the independence legal requirements
needed for -- and for the benefit.
Also, the fourth, we want to acknowledge the SB180 and the
new legal developments. CBIA is not alleging a violation of SB180
or it is not requesting for codification; however, just yesterday the
Freedom Housing Alliance versus Manatee County , the Court
rejected the argument that the impact fees are categorically exempt
from SB180 and allowed the case to proceed.
A temporary injunction is currently in place, preventing
enforcement of the increased fees covered by that ordinance. We
understand the County's position that the impact fees are adopted by
the ordinance and rather than through the Land Development Code.
That distinction may matter, but the Manatee ruling confirms that the
courts are actively scrutinizing impact fees function and how they
intersect with land-use regulation.
For that reason CBIA respectfully requests a written legal
interpretation from the County once again explaining why SB180
does not apply here. That protects the County and provides
consistency moving forward. If you'll allow me, I do have a
statement for the record from the Florida Homebuilders Association's
FHBA, CEO, Rusty Payton.
May I proceed?
CHAIRMAN KOWAL: You still have time. Go ahead.
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MS. VASQUEZ: Thank you.
The Florida Homebuilders Association strongly urges the
County to pause final action on the proposed school impact fee.
SB180 was intended to stop the regulatory merry-go-round while the
home building industry helps communities recover the natural
disasters. Preventing more burdensome regulations during this
recovery period is a legislative priority.
Thank you. And we ask three things: Pause the final action,
which I respect that you guys spoke earlier; however, we wanted to
go on record; direct staff for the School District clearly document
population/student capacity to match that of what the recent study
from the MPO showed from projections through 2025, which is using
BEBR and the CIGM; provide the request for the SB180
clarification.
Thank you for your time.
CHAIRMAN KOWAL: Thank you.
MS. VASQUEZ: Thank you for allowing me.
CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. I just wanted to
make a comment on impact fees in general. And I agree with
Commissioner McDaniel and the rest of us that no one really likes
taxes, no one really likes fees; however, we do have a responsibility
to provide infrastructure and to make sure that our quality of life is
maintained.
So when I go back to the covered wagon days when I was on the
Commission in the first place, I supported impact fees for every
category of expenditure that we could impose those on, and I still do
because somebody has to pay for the new infrastructure that's
necessitated by the growth that comes into this county, and who
better to pay for that infrastructure than the new people that are
coming to this county that are causing the need for that new
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infrastructure. That's why I support impact fees.
Now, in Lee County, they -- I'm going way back -- they reduced
their impact fees. I don't know what their impact fees now
are -- what they are now compared to what they could be, but I do
know that they have taken the philosophy to reduce impact fees.
They have the tax to replace that. But because of that, I think we can
all sort of agree, if we go to Lee County, that their -- they have some
road problems there.
We've been able to at least attempt to keep ahead of the needs in
our community, and I think we've done a pretty good job of it. And
we can always point to Immokalee Road. There are some exceptions.
But I think, generally, if you compare the roads in Collier County to
the roads throughout the state, I think we do a darn good job.
And so I continue to support impact fees and will support this,
Mr. Chairman, when it's -- when you call for a motion.
CHAIRMAN KOWAL: Thank you.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
I just wanted to make my comment, since we have senior
leadership here from the schools, before we vote on Commissioner
Saunders' motion, and obviously, it sounds like it's going to be
unanimous.
I want to make a little public service announcement. I have a lot
of charter schools in my district, and I interface with them quite a bit.
And at times they do feel like they're kind of forgotten, and that
might be a bad impression, but sometimes, you know, your
impression is reality.
So just to leave you with a message -- we have some amazing
public schools, you know. I think Marco Island Academy, Mason,
you know, some other -- in all of our districts. And I say that with a
little bit of -- a little bit more than fact, because the previous school
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superintendent, I remember sitting in her office when I was first
elected and going over how we're an A plus and all the positive
things, and I was disappointed there was a slide that showed basically
all the schools in Collier County. You know, the charter schools
were not on that slide. I would -- I hope that's corrected. And
that's -- that's -- that's years ago. That was in 2020.
But I just want to make a little plug that we've got great public
schools, great charter schools, unique schools. You know, that's
what -- Collier County is so diverse, and people really have choice.
But just to make a little plug for the charter schools in my district,
when I speak with them, they speak very highly of the School
District. Nobody's screaming or complaining. But sometimes the
last little thing is, don't forget about us. You know, we're part of the
school district. We're special, but we're not separate.
And so I feel that's been corrected under the new leadership.
But I just wanted to make that plug, because they're part of what
makes us an A plus and part of what gives parents choice and all the
other great things that come along with Collier County that a lot of
other counties don't have.
So I thank you for what you do. We've got a motion on the
floor. I'll second the motion.
COMMISSIONER SAUNDERS: Well, just for the record, I'll
make the motion. I didn't --
CHAIRMAN KOWAL: Yeah, he just said he would support it.
COMMISSIONER SAUNDERS: So I'll make the motion to
approve the --
CHAIRMAN KOWAL: So I have a motion to approve and a
second. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
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COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: It passes unanimously.
I might go a little -- think outside the box here a little bit, but I'd
like to make a quick little comment.
You know, the schools, their next big project is going to be this
bus depot out east. And this is just from my observations and my
time being here, 20 years in the Sheriff's Office, and having the
opportunity to be around the schools. I've never seen so many
children driven to schools in their cars with their mommies and
daddies in this county, and we have buses for them.
You know, I'm going to revert back to a little movie , Forrest
Gump. Do you remember when he had to stand there and get on the
bus ride for the very first time? I think that builds character in a child
and it finally gets a little separation from being under the wing of
their parents.
I don't know how you do it, but I would love to see some sort of
motivational program where we utilize these buses and we don't have
three rush hours a day twice a day in this county because we have
kids getting ridden to school in the morning for high school, we get
kids get driven to school for middle school, and we get it again for
elementary. And it just floods our streets.
And, you know, traffic's one of the biggest issues we deal with
up here. On a daily basis I get complaints about traffic. And I don't
know how you're going to do it, but I would wish that you would
look at somehow to, you know, motivate. Let go. Let go of those
children. They will grow up. It's time. It's time to let them out from
underneath their wing. You know -- and it does. It builds character
when they get that opportunity to actually get on the school bus, have
some separation, experience that, because I either walked or rode a
school bus my whole life to school. And that's -- there's just
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something about that. But I'm just saying -- I'm just putting it out
there. So you got your impact fees.
COMMISSIONER HALL: For $40 million, you're going to ride
that.
(Applause.)
CHAIRMAN KOWAL: You're going to ride that bus.
COMMISSIONER LoCASTRO: You're going to ride that bus.
CHAIRMAN KOWAL: All right. I guess what's up next?
MS. PATTERSON: Commissioners, if you'd like, I think it's
time for a court reporter break, and then we can come back and take
the public comment before we go to our 11 o'clock time-certain.
CHAIRMAN KOWAL: All right. Well, let's be back at 10:55.
Fifteen minutes?
MS. PATTERSON: Ten.
CHAIRMAN KOWAL: Ten. Ten-minute court reporter break?
MS. PATTERSON: It's up to you, Chair.
CHAIRMAN KOWAL: Ten minutes is fine, 10:45.
(A recess was had from 10:35 a.m. to 10:47 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN KOWAL: Thank you. All right. I guess we'll
move right on to our next item.
MS. PATTERSON: We're going to go to public comment, Item
7 --
CHAIRMAN KOWAL: Oh, yeah.
MS. PATTERSON: -- yep, before we -- we'll take those, and
then we'll go to our 11 o'clock.
CHAIRMAN KOWAL: Okay.
MR. MILLER: Again, I'll remind the speakers to please queue
up at both podiums. Your first speaker is Tom McCrudden, I think
this is, followed by Marquiba Mangham.
CHAIRMAN KOWAL: And I'd like to remind everybody, once
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again, you're speaking directly to the Board of County
Commissioners, and if you're speaking on something that's already an
agenda item that's going to be on our agenda today, there is time set
aside for that time to petition and speak at the podium. But this is for
any general comment that you'd like to make right now. Thank you.
MR. McCRUDDEN: Hi. Good morning, Mr. Chairman. My
name is Tom McCrudden, and I'm the owner of two small businesses,
South Florida Aqua Farms and Great Florida Shellfish Company.
I've been producing clam and oyster seed for the past 29 years
for the shellfish industry restoration research efforts in Florida and
along the East Coast of the United States. We're currently the largest
producer of clam seed supplying the industry and restoration efforts
in the state right now, and we produce domestic for food production
as well as native shellfish which are used to clean our local waters.
We've been on Florida's east coast until a few years ago when
we decided to expand operations to Florida's southwest coast to allow
for diversity from storms and water-quality events, expand our
restoration efforts into Collier County, and also grow out of a new
native species called the Sunray Venus Clam.
When we first came to Collier County, we were directed by the
Building Department to look at Chokoloskee. Since it was a small
fishing village, we would be a perfect fit for that small island. Also,
since Goodland had a shellfish overlay ordinance, we would have no
problem operating in Chokoloskee.
We followed the rules. We obtained the proper permits to
construct a pole barn which would house the shellfish cultivation
tanks. We submitted the zoning verification letter back on May 10th,
'23, before starting any construction. We submitted in writing
exactly what we were building and that we would be operating a
shellfish nursery on the premises.
So after nearly two years of permitting and building delays, we
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finally completed the building and started our operation in early
October of '25. Prior to starting the pumps of the shellfish, the canal
that we're located on had a slimy film on the surface and the bottom
had decaying growth of algae and minimal fish coming down our
canal.
After a few weeks of us pumping, filtering, and aerating the
water for our shellfish, the slime on the surface started to break up,
the bottom actually started to aerate and break down as well, and
most importantly, fish started coming back into our canal where we're
adding dissolved oxygen circulation, and all that stuff's occurring.
So last week one of my neighbors even told me that he's lived on
the canal for the last 26 years. Never seen this many fish as are
currently coming in our canal at this point. So he said the only thing
that's changed is our operation down there at the end of the canal.
So we currently supply restoration seed around the state, which
is administered by FWC, DEP. Up in Charlotte, Lee, and then over
on the east coast, we're in several seagrass projects as well.
So if we're forced to stop operating this facility, many
businesses and families will not be able to get seed to provide for
their businesses and also restoration seed that's plotted to be -- go out
to clean our waters will be lost. I'm asking for the Goodland shellfish
overlay be extended to Chokoloskee.
I have a petition signed by most of the homeowners on our canal
and community supporters in Chokoloskee asking for this overlay to
be extended.
CHAIRMAN KOWAL: All right. Thank you. I did see your
letter. I read it yesterday. I don't know if any of the other
commissioners got a copy of it.
COMMISSIONER McDANIEL: The point is, make sure you
get up with me, and we'll get you through this.
MR. McCRUDDEN: Okay.
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COMMISSIONER McDANIEL: Okay?
MR. McCRUDDEN: Great. Thank you.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Marquiba Mangham, and
she'll be followed by John Heidings.
MS. MANGHAM: Hi. My name is Marquiba Mangham. I am
a civil rights advocate, and I need to provide public notice to Collier
County. This is in accordance with the USCS Rules of Civil
Procedures as well as Rule 17 and Rule 20 of the United States
Supreme Court.
The Constitution of the United States has the overarching
requirements that every state must follow. States cannot enact their
own alternative legislation substituted for the guarantees of the
Constitution of the United States. That would mean that the state
laws are more powerful than the Constitution. That is unlawful.
Clause 1 of Amendment V states, "No person shall be held to
answer for a capital or otherwise infamous crime unless on a
president or indictment by a grand jury"; however, the State of
Florida has enacted its own alternative legislation that permits
prosecuting attorneys and police officers to charge by way of
information as opposed to indictment. That is unconstitutional.
In a moment while -- violation is when you pay a public official
to break the law. The Constitution has two areas that enforce this.
Article I, Section 10 says, "No state shall create any law that shall
impair the obligation of contracts." Police officers, prosecutors,
judges are all under a contract, a contract to perform based on the
oath or affirmation that they took to support and defend the
Constitution.
Contract parameters are defined within the Constitution of the
United States, and when a state enacts an inferior law that directs
their agents to disobey the Constitution of the United States, that is a
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violation of Article I, Section 10.
The 14th Amendment is the other place that you will find the
reinforcement of this issue, and that is where it states that no state
shall create or enforce any law that shall abridge the privileges or
immunities of a United States citizen. The privileges and immunities
of the United States citizens are at a minimum those enumerated
within the Bill of Rights, the first 10 amendments.
Unfortunately, the State of Florida has enacted a law in its
inferior constitution that permits public officials, judges, law
enforcement officers, whom you all pay, to violate the Constitution of
the United States. As a result, there is an inordinate amount of
people currently in prison in the state of Florida illegally,
unconstitutionally.
Tanawah Downing is litigating this issue at the United States
Supreme Court. I am here to notify you that if you continue to pay
public officials to break the law, criminal sanctions can come from
that. Officials must be made aware that paying people to disobey the
law is in a moment violation. It is illegal. It is unconstitutional. It is
a crime.
I am asking you honorable individuals to please take a close
look at Clause 1 of Amendment V --
May I continue?
CHAIRMAN KOWAL: Go ahead. If you'd finish it up.
MS. MANGHAM: -- of Amendment V, confirm what I am
saying to be true, and then direct your public officials to act in a
lawful, constitutional manner consistent with the obligations that are
codified in the Constitution of the United States of America.
I have a notice that I would like to put on the record. Thank you
so much.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is John Heidings. He'll be
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followed by Cody Davis.
MR. HEIDINGS: Good morning, Council. Thank you for
letting me speak. My name is John Heidings. I'm a civil rights
advocate, and I'm also here to provide notice in accordance with
USCS Rules of Civil Procedure as well as Rule 17 and Rule 20 from
the United States Supreme Court.
The Constitution of the United States is a supreme law of the
land. No state, no country, and no court has the authority to create or
enforce policies that contradict the Constitution or deprive citizens of
their secured protected rights, yet that is happening every single day
in family and juvenile courts.
Across this nation, children are being removed from fit, loving
parents, not for abuse, not for danger, but for profit. Under Title 4D
and title 4E, federal funding states -- states and counties receive
financial incentives tied to the removal, separation, and adoption of
children. This means the system profits when families are torn apart.
A federal pipeline of money has turned our children into
financial commodities. Unfortunately, this is not a conspiracy. This
is codified federal ruling.
It is true that a portion of this county's budget contributes to the
operation of the very courts participating in the unlawful removal of
children from fit, loving, and healthy parents without due process of
law, without jury trials, and without preponderance of the evidence.
When government officials, including judges, attorneys, and
Clerk of Court -- Clerk of Court, law enforcements, and any other
county-funded agencies knowingly, neglectfully, deprive citizens of
their rights that are secured and protected by the Constitution, that is
a federal crime under 18 U.S.C. 241. When two or more agents
operate under the color of law to deprive children or families of their
rights, that becomes a criminal conspiracy under 18 U.S.C. 241.
When state actors deprive individuals of rights in exchange for
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federal financial gain, such conduct constitutes unlawful emolument
violation under Article I, Section 10. This is -- this is also a pattern
of rights-based exploitation which in many cases includes
kidnapping, bribery, exhortation [sic], and sometimes murder,
otherwise known as RICO.
Under Title 18 U.S.C. 4, misprison of felony, whoever is made
aware of a federal crime and fails to report it to the proper authorities
is committing a separate felony. Ignoring this is not an option,
because the law requires action.
As elected officials, you swore an oath to uphold the
Constitution. Because this Commission allocates funding that enable
these courts and state actors to operate, continuing to fund these
unconstitutional practices after receiving notice places the
Commission at risk of being implicated in ongoing violations.
We are calling upon you to immediately withhold any
county-level funding that supports or enables these actions until
compliance with the constitution is restored; every child that has been
removed unlawfully is returned to the respective homes.
I am serving with affidavits of criminal conspiracy containing
prima facie evidence of crimes being committed by judges within
your county's court. Our children are not for sale. Parents are not
our revenue streams. No system that profits from the destruction of
family has a moral or constitutional authority to exist.
Thank you very much.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Cody Davis, and he'll be
followed by Jay Kohlhagen.
MR. DAVIS: Good morning. My name's Cody Davis, 15126
Palmer Lake Circle.
I'd like to speak on the West Mercato rezone vote procedure that
occurred at the last Board meeting. This rezone was first heard on
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October 28th in a quasi-judicial public hearing where multiple
residents spoke in opposition, and the Board was aware of ongoing
public concern. Instead of voting that day, the item was continued to
the December 9th meeting at Commissioner Hall's suggestion.
But at the December meeting, the hearing was never reopened.
At no point was anyone sworn in. There was no presentation, no
testimony, and no final staff report. The only person who spoke was
me, in opposition.
In a continued quasi-judicial hearing, the law requires that the
Board's decision be based on evidence in the record. By passing this
on the summary agenda without reopening the hearing, the Board
acted without taking the necessary final evidence and without lawful
public deliberation.
At the same meeting, Commissioners conducted ex parte
disclosures for the summary agenda, a step used only in
quasi-judicial matters, while omitting the key aspects that make a
quasi-judicial hearing legally valid. Those two actions can't both be
correct. This isn't a minor technical issue. It's a failure to hold the
hearing required by law. Despite that, the item was placed on the
summary agenda and passed unanimously without discussion as
though it were a routine administrative matter.
This directly contradicts the County Manager's own governing
standard. She has stated that the summary agenda is, quote, used for
routine and administrative items and that anything that has any type
of public interest or controversy does not go onto the consent agenda.
She further explained that land-use items only qualify for the
summary judgment if they received no public opposition and that
items with public opposition have to be placed on the regular agenda,
just like happened this morning. Not should, but "have to" is the
words of Ms. Patterson.
The West Mercato rezone clearly did not qualify. These
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circumstances present a serious procedural defect. Approvals issued
without a lawful hearing are inherently unstable and expose both the
County and the applicant to long-term legal uncertainty.
A county known for being developer friendly can quickly gain a
reputation as impossible to work with if approvals can be overturned
years later for defects this fundamental.
For these reasons, I'm asking the Board to correct the error by
acknowledging that no quasi-judicial hearing occurred on
December 9th and that the approval is therefore void, reopening the
hearing properly, and taking a lawful vote in full view of the public.
Thank you.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Jay Kohlhagen. He'll be
followed by Cliff Donenfeld.
MR. KOHLHAGEN: Good morning, Commissioners. Hey, I
just want to briefly raise awareness about large-scale solar farms and
their environmental impacts. Clearing land for these facilities destroy
habitat, disrupts wildlife corridors, all-terrain drainage, and increases
heat and runoff.
Green energy should not come at a cost of environmental
damage. Don't make our county a Babcock Ranch. I'm just warming
up.
CHAIRMAN KOWAL: Thank you, Jay.
MR. MILLER: Your next speaker is Cliff Donenfeld, and he
will be followed by Rae Ann Burton.
MR. DONENFELD: Hello, Commissioners. Cliff Donenfeld,
former member of the Office of Inspector General here until just the
end of this year. Also been in real estate about 20 of my 23 years
here.
I have a copy for each, and if you could pass these around so
they have a copy just of --
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COMMISSIONER McDANIEL: You can just give them to the
court reporter.
MR. DONENFELD: Here we go. We have a copy for each and
every one of you -- a copy of this report for each and every one of us.
I only found out yesterday during public comments time can't be
ceded. So I'm going to race through a lot of it, but I've also got to say
that any malfeasance indicated is not about any of you guys. You
guys, I know you really try to be great stewards. I support all of
those that are running for reelection. I support everybody except for
Rick LoCastro because I support him for Congress, I really do. He'll
make an excellent congressman.
So Burt Saunders becomes the elder statesman. Dan Kowal has,
you know, law enforcement, and I think that there's a place for all
that here. And I'm going to race along.
A few months back in a meeting, it was decided to move ahead
with buying a certain property for the purpose of a pump rebuilding
station. There should have been about 180 days to close, so it
shouldn't have had to close for several months.
There weren't any comments made on that. And I do not hold
the Commissioners or Amy Patterson accountable to know
everything that goes on with appraisals. And we're going to go
through the appraisals. And these are faulty appraisals, and I'm going
to show you exactly why.
Let's go to the next page. I'm going to race through. Brief
market report. Keep -- let's go to the next page. Okay. Right here.
It seems that the only people in this -- everybody up here is aware
that 2021 to '23, '22 was a peak of our market. Not just in residential,
for the most part in commercial, too.
Sure, there are anomalies. People buying up Fifth and some
other things that happened in Lee County, but for the most part, that
peak -- that peak mark was 2022, which means properties went down
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after that. This is very important when it comes to appraisals because
banks do not let -- will not accept an appraisal over three months or
six months. They certainly wouldn't look at any appraisal
with -- years old, okay.
Yes, there are times on a certain commercial property that -- in
rural wherever where there's nothing around it for 100 miles, they
might say, "Okay. We can go longer than a year, 18 months." That's
on certain situations; however, let's keep going on this property.
All right. This is just more market info showing how East
Naples is down negative 9 percent. These are commercial stats for
last -- Golden Gate down 100 percent. North Naples down 44
percent. Outlying Collier, 1 percent. Keep going.
More market info, the same thing. Again, everyone up here and
everyone in Collier County and the world -- and the nation knows
that properties have gone down. That's with the exception of our real
property division. And the -- and some of the appraisers both
working in-house and out-house, like these appraisers.
Keep going. Next. Keep going.
More about the market, more stats. Properties that were
purchased in 2023, commercial properties, as well as many
residential, these are just a few, generally sold for less in '25. This
one sold for 43.4 percent less.
Keep going.
These all sold for less in '25 than their purchase price just in '23
or others -- a few years ago.
Keep going. Keep going.
Now, the property that the County was told is a great buy,
needed, what have you, is -- would be -- we just paid 360
square -- dollars a square foot. The average properties in that
neighborhood both on the market and sold were between 200 to 280 a
square foot.
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Keep going. These are just some of those. These are more of
them. And the property being purchased to move out of the Shirley
Street zone -- the Shirley Street area is the design district off Pine
Ridge Road. This is in the commercial area around the Supervisor of
Elections office.
Keep going. Keep going. Keep going.
All right. Right here. All of these properties -- there's about two
dozen there. These two dozen properties or so all are in the
immediate area of the property that they're buying -- that they just
bought. It got squeezed in the day before New Year's. Wasn't
supposed to close for a few more months. Anyway, why that
happened, I don't know.
But there were so many comps to be used that closed in the last
year or so right in that neighborhood, but these -- but keep going.
We're going to keep getting right -- here's one of the appraisals. And
incidentally, the one nefarious thing about their appraisal isn't the fact
that he was also a partner in the listing agent -- with the listing
agency at the time it was sold.
The most nefarious thing on here, if you -- it's going to be hard
to tell from there -- there are market adjustments adding nearly a half
a million dollars to each and every comp because he used
two-year-old comps saying, "Oh, in '25 it would be worth another
half a million dollars." That completely contradicts it.
Let's go to the next one. That's an overall appraisal analysis.
Keep going.
That's his overall -- again, market adjustments -- his market
adjustments which shouldn't be used at all, and if anything should
have been done down, we're at an average of 300 -- $300,000.
Keep going.
Can I get just a couple more minutes to race through?
CHAIRMAN KOWAL: Go ahead. A few more.
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MR. DONENFELD: RKL, now even though they weren't
partners in the listing agent, they did it -- they still made sure to
cherry pick to come to that 360-square-foot price as opposed to 260.
How did they do it? Well, most of these properties, again, weren't in
the area where the property is. It's kind of like saying, "Hey, can you
go get me an apple?" And someone brings me an orange even though
there was a whole pile of apples. What would be the reason for using
two-year-old properties in a whole different neighborhood?
Keep going. Why would an appraiser use properties from the
34109 area which contains the design and gallery district when there
are plenty of comps? I'm repeating myself over and over, but that's
the fact.
Keep going. Just, again, more of the same.
Okay. This is the original Shirley Street property. When the
gentleman from the County was up there, he didn't mention that they
actually have two acres and an acre of dirt just waiting for a building
that they're going to be selling. It was a little confusing. And I know
some of the Commissioners, it was a little ambiguous whether this
property they're buying -- which incidentally is about a third of the
size of that property. It's .85. So they don't want to drive onto Pine
Ridge Road. Whatever the reasons, it's ambiguous. But that was the
old property.
Keep going. One other -- okay. When I first looked at this
property -- and I am speaking as a citizen advocate. I am not with the
Office of the Inspector General as their real estate specialist any
longer. But the domestic property, the first thing I noticed, that was
an increase, if purchased, with a -- for 159 percent from the time they
bought it 2019. You look at other properties, 20 percent up, 75.
Next slide, please.
CHAIRMAN KOWAL: If you could start bringing it in, okay?
MR. DONENFELD: Okay. Keep going through. The bottom
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line is, this will be a record windfall why they got -- why a relatively
recent citizen here was given a lottery ticket of a few million dollars
by this county, I don't know. I don't blame these guys, but pretty
much everybody below Amy that's in Real Property needs to
reassess.
You have copies of the report.
Keep going. And incidentally, at the very end of this, there is a
copy of an in-house appraisal done from the same appraiser within
the County that approves others, and that -- if you go to the very
end -- keep going. Keep going. Keep going. Keep -- okay, right
here. On this -- it happens that it's on the agenda today, and it's
now -- approve it or whatever, for the fleet station in spite of
this -- this appraisal. The fleet station was a five-acre, $600,000
property on County Barn. Certainly makes all the sense in the world.
But why would the in-house appraiser use a $12 million, 21-acre
property as a comp when there are plenty of others to use? It didn't
make sense. He also didn't have dates. 0022 as a date for a comp?
Go to the next page. There's even more of it.
CHAIRMAN KOWAL: All right, Cliff. We get the gist.
MR. DONENFELD: I made my point. Thank you. Please look
at it. It's now on -- in public record. You can all see it. And there's a
copy for each and every one of you guys. Thank you for your time.
CHAIRMAN KOWAL: Thank you, Cliff.
MR. DONENFELD: God bless. Thank you.
MR. MILLER: Your next speaker is Rae Ann Burton, and she'll
be followed on Zoom by Anna Puente.
MS. BURTON: Thank you. My name is Rae Ann Burton. I'm
glad to be back.
I live in Rural Golden Gate Estates, what is left of it. I am
currently fighting stage four cancer, and my neighbors all work;
therefore, phone service and Internet is necessary. Medical reports,
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appointments change all on the Internet, and remaining calls by
phone.
I recently had CenturyLink. I had it for 20 years. It stopped on
October the 7th. The lines would not be fixed because the company
has sold, and the lines are bad. I was fortunate to go to Xfiniti. It
took me three weeks to get that information. A tech finally came.
The first two didn't. I had to drive 11 miles to Golden Gate library.
Luckily I had a laptop to get ahold of CenturyLink to get the -- find
all this out.
It took a month for me to get my home phone back from
CenturyLink. The Board is endangering the residents within Estates
and our quality of life. There's no reliable cell service or phone
service.
What happened to the cell phone that's supposed to -- tower
that's supposed to be on Everglades and 31st Avenue Southeast? I
live on south north -- on Northeast.
Nowhere -- increasing traffic has created lengthy travel time to
doctors and appointments, and emergency vehicles have trouble
passing the parking lot traffic. I have seen this when coming to town.
It takes me 45 minutes to get to the Florida Clinic. It took me an
hour to get here today because of this infrastructure. The
infrastructure should be built -- paid for by the developers that are
creating it.
You're endangering the residents, causing us loss of homes due
to these overdevelopments. They have increased our home
insurance, even if you -- if you can even get it. It has increased our
mortgage payments. Mine went up again, over $100 more due to
taxes and insurance.
Increasing taxes do cost -- due to higher cost of these luxury
apartments that benefit only the developers and the owners.
I am fighting. I am on a limited income. I could look [sic]
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foreclosure. Rural Golden Gate Estates was a quiet community.
People could walk or ride in their streets. Increase in building
brought construction vehicles where none were before. I do
not -- they do not obey speed. I have seen dump trucks, construction
vehicles go over 60 in the 50-mile zones swerve back and forth in the
traffic, causing daily accidents.
Everglades and Golden Gate Boulevard is two lanes into one. I
hear you're going to change that. Thank God.
When is this Board, elected by the taxpayers, going to protect
and provide us what we the residents in Rural Estates need and stop
catering to these destructive projects and restore our quality of life?
We've already lost our first panther this month on Collier and 75 all
due to traffic.
Thank you.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Mr. Chair, our speaker on Zoom commented to
us that she has no comment. So that concludes our public comment
for Item 7.
CHAIRMAN KOWAL: Okay. Well, all right. Thank you.
Ms. Patterson.
MS. PATTERSON: Yes, sir.
Item #11B
ACCEPT A STATUS UPDATE ON THE BARRON COLLIER
COMPANIES’ REVISED PROPERTY EXCHANGE PROPOSAL
FOR APPROXIMATELY 292 ACRES OF COUNTY-OWNED
PROPERTY AT CAMP KEAIS FOR AN EQUALLY SIZED
PROPERTY AT SILVER STRAND ALONG WITH A 57-ACRE
TRACT AT SILVER STRAND; TO AUTHORIZE A LAND
ALLOCATION PLAN DEFINING A COUNTY OPERATIONAL
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USE, INCLUDING FUTURE UTILITY AND INFRASTRUCTURE
NEEDS; AND FOR FUTURE CONVEYANCE TO DESIGNATED
NON-PROFIT STAKEHOLDERS (COLLIER COUNTY
AGRICULTURAL & FAIR EXPOSITION, INC., SWAMP BUGGY,
INC., AND COLLIER COUNTY JUNIOR DEPUTIES LEAGUE)
AND TO AUTHORIZE THE NEGOTIATION OF SALES
CONTRACTS FOR FUTURE BOARD CONSIDERATION, WITH
NOTICE OF THE PROPOSED PROPERTY EXCHANGE TO BE
ADVERTISED IN ACCORDANCE WITH SECTION 125.37,
FLORIDA STATUTES. (TRINITY SCOTT, DEPARTMENT HEAD
– TRANSPORTATION MANAGEMENT SERVICES
DEPARTMENT) - MOTION TO APPROVE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS –
APPROVED
MS. PATTERSON: That brings us to our 11 o'clock
time-certain. This is Item 11B. This is a recommendation to accept a
status update on the Barron Collier Companies' revised property
exchange proposal for approximately 292 acres of county-owned
property at Camp Keais for an equally sized property at Silver Strand
along with a 57-acre tract at Silver Strand, to authorize a land
allocation plan defining a county operational use including future
utility and infrastructure needs and for future conveyance to
designate -- to designated not -- non-profit stakeholders, Collier
County Agricultural and Fair Exposition, Inc., Swamp Buggy, Inc.,
and the Collier County Junior Deputies League, and to authorize the
negotiation of sales contracts for future Board consideration with
notice of the proposed property exchange to be advertised in
accordance with Section 125.37, Florida Statutes.
Ms. Trinity Scott, your department head of Transportation
Management Services, is here to present.
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CHAIRMAN KOWAL: Good morning, Trinity.
MS. SCOTT: Good morning. For the record, Trinity Scott,
your Transportation Management Services department head.
I do have a quick presentation with regard to this item. Just
some background on this: Back in 2021, the Board's purchased the
property out on Camp Keais -- it was just over a thousand acres -- for
long-term county operational uses and stakeholder needs.
At the Board direction, back in August of 2024, we received
direction to work with Barron Collier Companies to explore a land
swap of at that time 439 acres involving Camp Keais as well as Silver
Strand.
The letter of intent was updated in September of 2025, which
we'll get into those details. And we've also been doing, at the request
of the Board, some land allocation planning with key stakeholders
such as the Collier County Fair Board, the Junior Deputies, and
Swamp Buggy, sorry, to do some land-use allocation so that we can
come back and bring a concept, so then we can turn our real property
folks loose to go finalize some sales contracts and bring those back to
you.
So we did an appraisal back in January of 2025. We
hired -- actually, Barron Collier Services, through mutual agreement
with the County, chose two certified appraisers from the County
contract, entered into contract with them to complete appraisals for
both the Camp Keais property and the Silver Strand property.
In January of 2025, the average of the Camp Keais appraisal was
$20,250 per acre, and the Silver Strand parcel was $23,000. I'm
sorry -- yes, $23,000.
Knowing that those appraisals had been about a year old, prior
to coming back in front of the Board, we did ask for a quick update
on those appraisals, and lo and behold, the property did increase. So
based on our certified appraisers that were -- and their appraisals that
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were reviewed by our certified review appraisers in-house, the
property at Camp Keais increased to $22,250 per acre, and the
property at Silver Strand up to $26,000 an acre.
As part of this agenda item in the executive summary, you'll
note that Barron Collier paid for the initial appraisals on this. The
County did ask for the update just because they were a little older,
and through our experience with regard to the Conservation Collier
pieces, we know that that has been something that's been noted, so
we did ask for that. So as part of this, as we proceed forward with
our final sales and purchase agreement, we believe that we should
reimburse Barron Collier back for the update of those appraisals
because it was at the County's request that they did so.
So just a visual of the Silver Strand final swap parcel; it is
292 acres. That is noted in the green on the screen, and the additional
57 acres are proposed for additional purchase if we so desire.
This really -- this property in green really goes -- goes around
and hugs some existing County facilities that are there, and so it
really does provide, you know, some additional opportunities for us
from a county perspective. And so that public benefit is it
consolidates the County land near existing public facilities and
improves our long-term infrastructure and operational planning
opportunities.
We did go through due diligence. We completed a Phase 1
environmental survey. There is some additional review that is
necessary based on the revised parcel. And the letter of interest
provided from Barron Collier also asked for consideration of
long-term land-use drainage and access provisions. So we want to be
able to continue to work with them throughout.
If the Board so directs, we will have required statutory notices
with regard to the land swap with Barron Collier that we will need to
adhere to.
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Getting down to the Camp Keais piece, so the actual property
swap would be the blue parcel, generally. When we would actually
go in and do some -- do the actual sketch and legals for this, we'd like
to kind of clean up those edges a little bit. So right now we're
looking at 292 acres, plus or minus, would be the land-swap area.
We have been working with the Fair Board, Swamp Buggy, Junior
Deputies, as well as Public Utilities because they have -- also have a
need for property on the Camp Keais site.
So we've been working with the fairgrounds for an allocation of
just under 100 acres, give or take. Swamp Buggy at 78 acres, Junior
Deputies at 50, and then also Public Utilities at 22 acres. This would
leave approximately 500 acres of county property mainly along the
Oil Well Road frontage for future use by the County.
There are -- once again, there are -- did I not -- am I going
backwards? Oh.
COMMISSIONER McDANIEL: Way to go.
MS. SCOTT: There I go. There it is. I'm like, "Wait a minute."
COMMISSIONER McDANIEL: I used to do that when I was
starting out, too.
MS. SCOTT: Oh, thanks.
There are currently leases on the property as well that will have
to be modified or terminated as we proceed forward with the -- with
the sales, and some of these may be able to be adjusted to utilize the
remaining property as an income source for the County until we
decide what we would want to have our final Camp Keais property
at.
So currently we have been conducting our stakeholder
negotiations, and we really started out with the Fair Board with their
letter of interest because their sales and purchase agreement will
become the template for the other two non-profit entities as well.
And so today we're asking for your agreement in concept and
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direction to staff to move forward with preparing these final sales and
purchase agreements to come back as well as allow us to begin doing
applications for lot splits and boundary adjustments so that we
can -- right now these are very large parcels, and we really need to
separate them out so that Fair, Swamp Buggy, Junior Deputies can
move forward with the land-use opportunities that they need to do as
well, all of which will come back to the Board for a final approval.
But we just wanted your approval in concept today and give us
direction to move forward with this.
CHAIRMAN KOWAL: Okay. Any questions from the Board?
COMMISSIONER McDANIEL: I mean, I'm all over this. If
you have any questions, I'd be happy to share, but I'm -- do we have
any public comment on this?
MR. MILLER: Yes, one.
COMMISSIONER McDANIEL: Let's hear that, and then I'll
make the motion.
CHAIRMAN KOWAL: Okay.
MR. MILLER: Mr. Chair, we have one public comment, Clay
Brooker.
MR. BROOKER: Good morning, Commissioners.
CHAIRMAN KOWAL: Good morning.
MR. BROOKER: Clay Brooker with the law firm of Cheffy
Passidomo, 821 Fifth Avenue South, here on behalf of the Collier
County Fair Board.
I'll just be brief. We remain very interested in this concept and
have no issue with the land allocation plan in general that Trinity just
showed on the slide subject to continuing review as details get honed.
Our only message today to you is timing. Right now, as you
know, the fair is located off of Immokalee at 39th Avenue Northeast,
leasing that land from the County. That lease expires in January of
2037, 11 years out. That may sound like a long time, but I've been
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working with the County staff and the Fair Board for three or four
years now already, and we're still trying to negotiate a contract to
purchase this land from -- in the Camp Keais campus.
The fair is willing and the discussions have also included a
voluntary termination of the lease at the 39th Avenue Northeast
campus, assuming that the property out in Camp Keais campus is
turnkey, ready to go so the fair simply moves from one location to
Camp Keais almost simultaneously. That process will take time.
As you saw from the aerials, this is raw land. There are a
variety of steps that are required before the fair can even begin site
improvements to begin to prep the land for the relocation of the fair
to the Camp Keais campus. Some of those efforts include utility and
access infrastructure being extended out to the Camp Keais campus.
Trinity mentioned subdividing or lot splits or boundary
formations of sketches and legal descriptions so everyone, all the
stakeholders knows exactly where they're going to be and what the
details and the logistics will be for their own respective uses. The
fair will be required -- this is agriculturally zoned land. The fair will
be required to get a conditional-use approval. The fair will be back
before you for a conditional-use approval to actually place the fair on
this property in that zoning district. That conditional-use process
takes months, as you probably know.
And then, finally, after we have all of those entitlements and
approvals in place, site improvements must take place.
So the message here is we are fully in support. We remain very,
very interested. It's simply timing. 2037 may seem like a long way
away, but it's a lot closer than everyone may think.
Thank you so much.
CHAIRMAN KOWAL: Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Well, then I just want
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to say, in all due respect to Mr. Brooker, that we would have had this
done two years ago if he hadn't have got in the mix, just so you know.
That's a joke, my friend.
We've had multiple meetings, discussions on, and there's a lot of
moving parts with regard to this. That's why you're hearing a little bit
of generalities coming out of Trinity with regard to parcels and lot
splits and rezones and this and that, ingress and egress and traffic
flow and how we manage the proper uses and access for the folks that
are going to be coming here.
We've had meetings with the Fair Board and the Swamp Buggy
and the Junior Deputies, and everyone's nodding their head in an
affirmative matter. We have LOIs with the Swamp Buggy and -- and
the parties involved with the Junior Deputies. So this is the next step
for us to be able to go forward with this to be able to finalize the
actual boundaries and then begin the process of the relocation for
these facilities.
So with that, I'm going to make a motion for approval as
recommended in the agenda item that was put before us.
CHAIRMAN KOWAL: All right. I have a motion.
COMMISSIONER McDANIEL: Do you need me to read it out
loud, or are you good with that? Okay.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN KOWAL: You're good. I have 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: And it passed unanimously.
MS. SCOTT: Thank you.
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CHAIRMAN KOWAL: Thank you.
Item #9C
ORDINANCE 2026-03: AN ORDINANCE REZONING REAL
PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO
THE PUBLIC USE (P) ZONING DISTRICT TO ALLOW FOR
EXPANSION OF THE COUNTY’S FLEET MAINTENANCE
OPERATIONS ON 5.18+ ACRES OF PROPERTY LOCATED ON
THE EAST SIDE OF COUNTY BARN ROAD, EAST OF THE
EXISTING ISLAMIC CENTER, IN SECTION 8, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20250001788 - COUNTY BARN FLEET FACILITY
EXPANSION REZONE (RZ)] (THIS ITEM IS A COMPANION TO
ITEM #9D) - MOTION TO APPROVE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER HALL –
ADOPTED
Item #9D
RESOLUTION 2026-16: A RESOLUTION FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW FOR
EXPANSION OF THE COUNTY’S FLEET MAINTENANCE
OPERATIONS ON 5.18+ ACRES OF PROPERTY WITHIN THE
PUBLIC USE (P) ZONING DISTRICT PURSUANT TO SECTION
2.03.05.A.4.C.8 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, ON PROPERTY LOCATED ON THE
EAST SIDE OF COUNTY BARN ROAD, EAST OF THE
EXISTING ISLAMIC CENTER, IN SECTION 8, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20250001789 - COUNTY BARN FLEET FACILITY
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EXPANSION CONDITIONAL USE (CU)] (THIS ITEM IS A
COMPANION TO ITEM #9C) - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL
MS. PATTERSON: Commissioners, that brings us to Items 9C
and 9D. These are companion items. I'll read them into the record,
and then we'll need to swear our participants in for the court reporter.
9C is a recommendation to adopt an ordinance rezoning real
property from the Estates zoning district to the Public Use zoning
district to allow for expansion of the County's fleet maintenance
operations on 5.18 plus/minus acres of property located on the east
side of County Barn Road east of the existing Islamic Center in
Section 8, Township 50 South, Range 26 East, Collier County,
Florida. Its companion item is Item 9D. This is a recommendation to
approve a resolution for the establishment of a conditional use to
allow for the expansion of the County's fleet maintenance operations
on 5.18-plus acres of property within the Public Use zoning district
pursuant to Section 2.03.05.A.4.C.8 of the Collier County Land
Development Code on property located on the east side of County
Barn Road east of the existing Islamic Center in Section 8,
Township 50 South, Range 26 East, Collier County, Florida.
So with that, we are going to get the Commissioners, if you have
any ex parte, and then we will get the participants to be sworn in.
CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I believe I have some ex
parte, and I have -- yeah, I have some ex parte on that. I'm not sure
what it is.
CHAIRMAN KOWAL: We'll just mark you down for the full
gamut.
COMMISSIONER LoCASTRO: I just have some.
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COMMISSIONER SAUNDERS: It's just whatever.
CHAIRMAN KOWAL: Commissioner Hall.
COMMISSIONER HALL: None for me, thanks.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: None for me.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: It looks like Commissioner
Saunders is the only one that got anything. So I have nothing.
COMMISSIONER LoCASTRO: He wasn't specific, so I put
him down as a "no."
COMMISSIONER McDANIEL: I think he lost his ex parte
sheet.
CHAIRMAN KOWAL: See what happens when you step down
from being Chair; you get disorganized.
COMMISSIONER LoCASTRO: He basically said, "I think I
have something," right?
CHAIRMAN KOWAL: Mark him down for a possible. I have
nothing for these two items. I'm clear about that.
COMMISSIONER SAUNDERS: It turns out -- it turns out that
I have none either.
COMMISSIONER McDANIEL: Oh, there you go.
CHAIRMAN KOWAL: There you go.
MS. PATTERSON: Very good.
CHAIRMAN KOWAL: You confessed to something you didn't
do.
MS. PATTERSON: If we could have all participants stand that
are going to be participating, including any public speakers, for the
court reporter to swear you in. Raise your right hand.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
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(The speakers were duly sworn and indicated in the affirmative.)
MS. PATTERSON: Also, for the benefit of the court reporter
and Minutes and Records who are following along, I was asked to
remind the speakers if we could slow down, that probably includes
me, so that they don't have to race along. We had some public
speakers earlier that were -- that were quick talkers.
So with that, Mr. Arnold.
MR. ARNOLD: Thank you. Good morning, Commissioners.
CHAIRMAN KOWAL: Good morning.
MR. ARNOLD: Congratulations, Mr. Kowal.
CHAIRMAN KOWAL: Thank you.
MR. ARNOLD: So I'm here as a subcontractor to WSP
Engineers who were hired to help do some facilities planning for you,
and one of the properties was the Fleet Maintenance facility, the
5-acre parcel you purchased just north of there.
This is Tiffany Davies with WSP sitting behind me, and we have
representatives from the Sheriff's Office here as well as some of your
Facilities staff. Jim Banks is our traffic engineer who did analysis for
it.
This is the location just north of your existing County Barn
facility and just east of the Islamic Center off of County Barn Road.
You're all familiar with the site.
It is zoned Estates. We need to rezone that to P, public use, and
then there's the companion conditional use that authorizes, under the
Estates zoning, a major maintenance -- or I'm sorry, under the public
use, a major maintenance facility, which would be for your facilities.
WSP conducted a campus master planning effort, and out of
that, we determined that some shop activities to the north, also some
roof deck parking opportunities long-term, some plug-in
opportunities for EMS facilities to plug in ambulances and other
apparatus, and then relocating a fueling facility.
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This becomes your conditional use site plan. We've made it a
little bit more generic, but the key features would be adding a
potential access point back to County Barn Road on the north side
within an existing easement and then showing essentially a parking
lot with the potential to have a rooftop deck in the middle, and then
the darker building would be for maintenance activities with, again,
surface parking or deck parking on top of that. And the fuel
facilities, you can see on the western side of the property, slightly
located just maybe another 100 feet from where they're currently
located on your existing facility.
This is what it looks like on the aerial concept just to show you
the relationship between your existing facility and the proposed.
We did have unanimous planning condition -- Planning
Commission recommendation of approval. We had one property
owner to the north that came and expressed concerns about
compatibility. We will have a wall around this facility just as the
existing fleet facility has a concrete wall. So there is planned to have
a complete wall around the four sides of the property. And it will be
gated, as you know.
So we also have other conditions related to hours of operation, et
cetera. We think it's a very compatible project. It's one that you've
planned for, and we're here hoping that you will support it.
CHAIRMAN KOWAL: Thank you. Did you want to hear from
the -- we have one speaker, right, Troy, or do we?
MR. MILLER: I don't believe we do.
CHAIRMAN KOWAL: Oh.
MR. MILLER: We do not.
CHAIRMAN KOWAL: Okay.
COMMISSIONER McDANIEL: Make a motion for approval.
CHAIRMAN KOWAL: All right. I have a motion for
approval.
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COMMISSIONER HALL: Second that.
CHAIRMAN KOWAL: I have 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.
MR. ARNOLD: Thank you.
CHAIRMAN KOWAL: It's unanimous, passed. Thank you.
And that was for -- they're companion items.
COMMISSIONER McDANIEL: That's for both of those.
CHAIRMAN KOWAL: We got both.
MS. PATTERSON: Yes, sir.
CHAIRMAN KOWAL: Thank you.
Item #11E
TO APPROVE PROPERTIES ON THE CONSERVATION
COLLIER LAND ACQUISITION ADVISORY COMMITTEE’S
NOVEMBER AND DECEMBER 2025 RECOMMENDED ACTIVE
ACQUISITION LISTS AND DIRECT STAFF TO PURSUE THE
PROJECTS RECOMMENDED WITHIN THE A-CATEGORY,
FUNDED BY THE CONSERVATION COLLIER LAND
ACQUISITION FUND. - MOTION TO APPROVE NICHOLS
PROPERTY BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED; MOTION TO REJECT
SAINTELMY PROPERTY BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER LOCASTRO – APPROVED;
MOTION TO REJECT GAC PROPERTY BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER HALL –
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APPROVED; MOTION TO REJECT GOMEZ PROPERTY BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED; MOTION TO APPROVE
NORTH BELLE MEADE PROPERTY BY COMMISSIONER
HALL; SECONDED BY COMMISSIONER MCDANIEL –
APPROVED; MOTION TO REJECT PARANG TRUST
PROPERTY BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
MS. PATTERSON: Commissioners, that's going to move us to
Item 11E, formerly 16A15. This is a recommendation to approve
properties on the Conservation Collier Land Acquisition Advisory
Committee's November and December 2025 recommended Active
Acquisition Lists and direct staff to pursue the projects recommended
within the A category funded by the Conservation Collier Land
Acquisition Fund. This item was moved at Commissioner McDaniel
and Commissioner Hall's separate requests, and Ms. Jaime Cook is
here -- Development Review director is here to present or answer
questions.
CHAIRMAN KOWAL: Would Commissioner McDaniel or
Commissioner Hall like to make any comments prior to hearing from
staff?
COMMISSIONER McDANIEL: I'd be happy to, and basically
I just -- I just want to have a discussion. I went through all of these
properties, and there were some that I was leaning in on and thought
were okay and some that I had questions on. So if you don't -- I
mean, I don't -- I'm not comfortable in approving these en masse, I
guess, is probably the way that I would prefer to go. So whenever
you get to a list of those that are and aren't -- and I guess -- then my
second question is, what are we approving? Are we approving for
you to go forward and negotiate with these people that will then come
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back, or are we approving a purchase?
MS. COOK: Okay. Jaime Cook, your Development Review
director.
So, Commissioner, to answer your question, this item would
approve staff to move forward with obtaining appraisals and then
negotiating with the property owners. Any purchase agreements
would come back to you for final approval.
COMMISSIONER McDANIEL: And henceforth, there were
some that I had issues with that were on the extremities of what I
perceived to be as okay purchases or acquisitions. And so if we can
nip them in the bud now and not be pursuing time and effort on
things that we're not necessarily interested in, I wouldn't mind going
through that.
CHAIRMAN KOWAL: How many do we have on the list?
MS. COOK: There are seven on the A list, which staff would
move forward with obtaining the appraisals and negotiations, and
then there's one that is on the list to hold for an additional year to see
if we get any neighboring properties that apply to the program.
CHAIRMAN KOWAL: Commissioner Hall.
COMMISSIONER HALL: I pulled this because as far as
authorizing an A list, I think that they're trying way too hard. Out of
seven properties, five of them ranked below -- out of 400 points, they
ranked below 200. And I personally am not going to support this A
list because it's just -- it's counterintuitive. We're out there trying to
do -- we're trying to force a square peg into a round hole with these
things.
These little, small lots that are out there in the middle of
nowhere, the one that you're going to put on hold, it's more than half
wetlands. It's not even -- I mean, it's already -- I think that trying to
keep pursuing these small lots and trying to hope that we get them
piecemealed together, that in one day we get them all together, I'm
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not going to support that strategy any longer. So that's why I pulled it
so that I could say, as far as an A list, I think they need to go back
and really find us some properties that are an A list. Something
worth pursuing, not just because we have to or we want to.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Just as an aside on
that -- and, Commissioner Hall, this -- and one of the reasons that I
pulled it was I was looking at the locations of these properties. And,
you know, there are TPAs, Target Protection Areas, that we have
established. And so you delineate this area that you want to buy up
because of the environmental sensitivity that's in it, and you don't get
to go get them all at once. And so I'm okay with, if you will,
piecemealing, piece here and piece here, if the aggregation is
ultimately going to come to fruition.
The caution is even though it's 50 percent wetland already, it's
still developable. And our -- with enough mitigation money, you can
develop anywhere if you pay enough money.
So I wanted to go through these just briefly and then -- and say
I'm okay -- the one -- the one that really triggered me was we
established a TPA for a mile north on Everglades Boulevard, and that
was predominantly for properties fronting on Everglades Boulevard.
The ultimate goal there -- because of the private property rights that
exist along Everglades Boulevard, we have no real good mechanism
to do a wildlife crossing on Everglades Boulevard and do the
necessary fencing to herd the critters to the hole in the middle.
And so -- and then one of these properties that ended up on this
A list was clear over on the canal on the far east side of Everglades
Boulevard, in fact, a mile away.
And so it wasn't in what I perceived to be a portion of that
particular TPA. You know, the one up in the Red Maple Swamp, and
I think there's another one over on the perimeter of the Symphony
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property that was -- that seemed to me to be extremities outside of
these areas. You know, I know we've made an effort to acquire lands
that are contiguous to already-held properties but not so far out -- I
just thought that some of these were further away than we really
needed to be pursuing.
CHAIRMAN KOWAL: Okay. I have no other members lit up.
Would it be okay if we listen to these particular properties, the seven
properties in question, and quickly you understand whatever ones you
guys might have an issue with, and we'll have an opportunity to
discuss it, and then we'll just assume that maybe some of these -- all
seven won't go forward from here on out, but at that point we'll know
which ones we are going to actually look at or not look at, and we'll
move on from there. Does that sound okay?
COMMISSIONER McDANIEL: Fine.
CHAIRMAN KOWAL: Go ahead with your presentation.
MS. COOK: Thank you. So as I mentioned, we have seven
properties on the proposed A list which would allow for staff to
obtain appraisals and begin negotiations with those property owners
to bring back to you for final approval.
There is one property on the B list, which would be holding for
ranking for one -- a year to see if we get any other properties within
that area.
So the first property, the Nichols property, is out in Immokalee.
It is five parcels, and it is in the Immokalee urban area. It is just west
of the Williams Farm property. The yellow hatch -- the yellow color
of the Williams Farm is the entitled residential area. So part of that
will be residential development, but the southern portion of the
yellow is their designated preserve as part of the PUD. And then the
green portion is part of the slough that will be owned by
Conservation Collier.
This property does hold water during the rainy season, and it
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acts as stormwater storage for the neighboring properties surrounding
it. It is not adjacent to any conservation lands, as there is a road that
runs between this property and the Williams property, which also
may make it limit it -- may allow for only limited access. There
wouldn't be parking on the side of the road available for access but
potentially pedestrian trails could be accommodated on this property.
And, additionally, there are vacant properties between this
property and the Williams property that could potentially connect
them in the future if the owners apply to the program.
CHAIRMAN KOWAL: Can I ask, where is Lake Trafford
located adjacent to --
MS. COOK: It is right in here.
CHAIRMAN KOWAL: All right. I didn't -- okay, I'm sorry. I
should have saw that, yeah. So the slough property -- let me get this
straight -- because I remember when we bought the Williams Farm
property. So the dark green is part of this slough?
MS. COOK: Yes.
CHAIRMAN KOWAL: I thought that abutted up to Lake
Trafford.
MS. COOK: No. I believe there's one more property owner
between Williams and the lake.
COMMISSIONER McDANIEL: She's correct.
CHAIRMAN KOWAL: So there is a property between the two?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN KOWAL: Okay. Do I have any
commissioners -- any comments on this particular property?
COMMISSIONER McDANIEL: This is one that I'm okay with.
Just because of its proximity to the lake, we have a potential for using
this for future stormwater. What road is that that this fronts on; do
you remember?
MS. COOK: I want to say it's Taylor Road.
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COMMISSIONER McDANIEL: Okay. You know, this is one
we may be able to utilize for stormwater issues. Because when we're
working on the slough over on the Williams Preserve, we're going to
be able to do a lot of attenuation and water storage for southern
Immokalee. This is -- this is an added in piece for a little bit north
and west portion of Immokalee.
CHAIRMAN KOWAL: Okay. What's your next property?
MS. COOK: I will probably butcher this owner's name, so I
apologize in advance.
This 10 acres is owned by Saintelmy. It is west of the
Symphony property, which is in the North Belle Meade area.
Conservation Collier closed on this -- on the Symphony property
back in September. That is 150 acres.
This particular property is 10 acres. It is between the Symphony
property -- and the School Board, sorry. The School Board owns that
green hatched property between the yellow and the green -- dark
green Symphony property. So currently there is no public access to
it, but once that school gets built, I believe it's planned for a high
school, but it's not within their five-year plan.
Again -- and it also is adjacent to a federal conservation
easement just to the south that is part of the Twin Eagles
development. So it does have some connection to private
conservation easements already.
Gopher tortoises, fox squirrels, Red-cockaded woodpeckers,
panther, and bonneted bats are found within this area, and it is a mix
of upland and wetland habitats.
COMMISSIONER McDANIEL: This is a no for me. This is
one of the ones that I thought's out on the boundary outside of the
area.
COMMISSIONER HALL: It's outside.
CHAIRMAN KOWAL: So this is not in the TP -- not in the
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target program.
MS. COOK: Correct, it is not.
CHAIRMAN KOWAL: Okay. Well, how does that even make
an A list if it's not even in one of our targeted areas?
MS. COOK: Because when the -- when the staff reviews the
property and the CCLAC reviews the properties, they look at the
criteria. So the vegetation on the property, listed species on the
property, future potential for public access, those eight criteria that
we go through, and it did meet, I believe, three out of the eight
criteria.
CHAIRMAN KOWAL: Okay. That's less than 50 percent.
COMMISSIONER HALL: That's a failing grade in school.
MS. COOK: I will say the ordinance does not have a minimum
number of criteria for us to bring it to you.
CHAIRMAN KOWAL: I got you.
All right. So move on to the next one, then.
MS. COOK: Okay. The next three properties are in the
I-75/Everglades target mailing area. The first one is the Sit property.
It is a little under three and a half acres just north of I-75. It is down
towards the bottom of the TPMA, right here. It is undeveloped. It is
upland habitats and upland soils, and it is completely surrounded by
undeveloped properties. Some potential considerations for this are it
is not adjacent to any existing conservation lands, and the Everglades
widening, I-75 interchange between Everglades or DeSoto, Big
Cypress may impact this property.
CHAIRMAN KOWAL: Yeah, I don't like this one either.
COMMISSIONER McDANIEL: This is a no.
CHAIRMAN KOWAL: Okay. Move on to the next one.
MS. COOK: All right. This next one, the GAC property, is
actually owned by Collier County. It is 1.14 acres. Just -- again,
north of 75 and west of the Black Bear Path Preserve, which used to
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be known as the Hendricks House property.
It is upland habitats with hydric soils. Black bear and panther
have both been tracked on this property. Again, it has the same
potential considerations as the others that the interchange may impact
it, and it's not connected to any adjacent conservation lands. It
actually does appear that the neighboring property owner may have
impacted this property.
COMMISSIONER McDANIEL: Yeah, big time.
MS. COOK: But it is owned -- this currently is owned --
CHAIRMAN KOWAL: It looks like it's already on its property.
MS. COOK: -- by Collier County.
COMMISSIONER McDANIEL: So I'm going to say no.
CHAIRMAN KOWAL: Yeah. I mean --
COMMISSIONER HALL: If we own it, it makes it
conservation land, correct?
CHAIRMAN KOWAL: Yeah. And the other thing is, I mean, I
get it, panthers, and they walk around. But you're talking about
75-foot swath piece of property, 75 feet. I'm sure the panther don't
live within that 75 feet. He's just transversing from one point to the
other.
COMMISSIONER McDANIEL: And just as a matter of course,
we are moving for the dissolution of the GAC Advisory Committee
and putting the properties that are owned by that group up for sale.
So this isn't one that I'm interested in buying either.
CHAIRMAN KOWAL: All right. We've got four down.
Where are we at? Well, I mean, one we're good, but -- I'm keeping
track. I'm keeping score.
MS. COOK: The last one in this TPMA area is the Gomez
property. It is a couple blocks north of I-75 and about half a mile
west of the Gore Preserve; however, there is a canal that runs
between the two of these.
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It is -- does have undeveloped lots to the north, south, and east,
but there is a single-family home on the west side. Again, hydric
soils, but it is mostly upland habitat. It does not appear that there's
any wetlands on the site, and again, has the same potential
considerations for any interchange development in this area.
COMMISSIONER HALL: I'm not interested.
COMMISSIONER McDANIEL: No.
CHAIRMAN KOWAL: All right. Move on.
MS. COOK: Okay. The next one is in the North Belle Meade
TPMA which is west of both the -- both the Gore Preserve and the
TPMA area that we just looked at. This property is eight and a half
acres. Mostly pine flatwood habitat, but it is seasonally wet. This is
within areas where panther, black bear, fox squirrel, and
Red-cockaded woodpeckers have been identified. It does add to the
connection of the existing wildlife corridor of North Belle Meade,
Black Bear Path Preserve, Picayune, the Panther Refuge, and the
RLSA stewardship sending areas. The areas that are not hatched
surrounding this property are private conservation easements, so it
does connect to private conservation lands.
COMMISSIONER McDANIEL: Is this in the NRPA area?
MS. COOK: Yes.
COMMISSIONER McDANIEL: I'm okay with this one.
CHAIRMAN KOWAL: Okay. We should have one more, not
counting the one that's on hold.
MS. COOK: We have one more.
Okay. And then the last one is Parang Trust, which is in the
Panther Walk TPMA area. This TPMA is west of the existing
preserve. So you can see the blue and the green is the existing
preserve. The yellow hatching is the Target Protection Area.
So this property is a little over two and a half acres. It is
not -- again, not within the established preserve. It is wetland
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habitats that we do know holds floodwaters and provides wading bird
habitat. Again, it doesn't connect to any existing conservation lands,
and there is potential restoration for some UTV damage that would
need to be mitigated for.
COMMISSIONER McDANIEL: Can I ask a question? What's
gray and green and yellow hatched? Delineate those for me.
MS. COOK: So the green is properties that Conservation owns.
CHAIRMAN KOWAL: Okay.
MS. COOK: The blue is the rest of the established Panther
Walk Preserve that staff reaches out to them once a year with interest
letters.
COMMISSIONER McDANIEL: That's part of the TPA.
MS. COOK: That is -- no, that is not the TPA.
COMMISSIONER HALL: Another TPA.
MS. COOK: The yellow hatching is the TPA.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN KOWAL: Okay. All right. I'm kind of all right.
We've been trying to piece that section together for some time, but...
COMMISSIONER McDANIEL: And got it -- if I had -- if I had
to give direction, really focus on those properties along 66th at the
south end of the -- of the mining area there, the south end of the old
Big Island mine at the north end of the 846 mine because we
have -- we have a potential wildlife crossing going across that canal,
a weir and pump station to help move water north and south at some
particular stage.
CHAIRMAN KOWAL: Is that just south of the Immokalee
crossing, or is that --
COMMISSIONER McDANIEL: Sir?
CHAIRMAN KOWAL: I mean, the part you're talking about.
MS. COOK: It's about here.
COMMISSIONER McDANIEL: Yeah. It's just -- if you take
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66 here --
CHAIRMAN KOWAL: Oh, okay. So -- okay. On the other
side of 66.
COMMISSIONER McDANIEL: -- it's right there. It's part of
the development order originally. You know, I'm sure -- I'm sure that
property owners will come and try to change it someday, but that
provides for a wildlife corridor especially if, in fact, we get the weir
and the pump station in and the wildlife crossing on that weir, that
will help facilitate the animal crossings across that -- across that canal
and over into -- and across 846, Immokalee Road, and into the state
lands on the west side, so...
This particular piece, this Parang Trust, I don't -- it's another one
of those ones that was out there off the grid.
CHAIRMAN KOWAL: Okay. So I got, basically -- well,
Commissioner Hall, go ahead.
COMMISSIONER HALL: If it's okay, I'd like to make a
motion to amend the A list to the eight-and-a-half-acre property and
the 10-acre property up there, both.
CHAIRMAN KOWAL: I have -- that's the Nichols and the
North Naples church would be A-listers that we would vote to move
forward from here on out, and the other ones would be shelved.
COMMISSIONER McDANIEL: Agreed. I second it.
CHAIRMAN KOWAL: So I have a motion and a second.
COMMISSIONER LoCASTRO: Can I ask a quick question of
Jaime?
CHAIRMAN KOWAL: Yes, sir.
COMMISSIONER LoCASTRO: Let's just say -- I'm just
playing devil's advocate and just spitballing here. You go out for
appraisals. You come back to us. You still need our approval to buy
them, right?
MS. COOK: Correct.
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COMMISSIONER LoCASTRO: So if you came back to us and
this little red piece of property, or any of the ones that we think are
great and wonderful, it's $8 million. You know, it's something
outrageous. Then it's like, "Okay. I like it a lot less. I don't think it
has that value."
You know, sometimes these appraisals come back; they're a
little bit funky. Even Commissioner Hall has said sometimes, you
know, you appraise too many things. It's sort of like this artificial
inflated deal.
But it's true, right, that if you came back with appraisals, that we
would make a final vote, and part of that vote is "Wow, I don't -- I
don't think the juice is worth the squeeze," as I always say, right? It
comes back too expensive, correct?
MS. COOK: Correct.
COMMISSIONER LoCASTRO: So I mean, I'm just thinking
out loud. But it's -- part of me it's difficult to shoot these down when
I don't know what they would cost, and some of them are easy
shoot-downs, but there's a few where I'm sort of on the fence. So I
mean, I'm just -- wanted to hear what my colleagues sort of think.
It's a lot easier for me to make a command decision when I
know what the value is going to be and how much it's going to take
out of the Conservation Collier.
One of the things I'll say about the puzzle pieces is I definitely
agree, you could sit here and go, "Wow, in 100 years, we might wind
up getting all the pieces connected, but also I could make the case
that in some areas where we have connected a bunch of the pieces, it
took quite a while, but the success was there, and so you have to start
somewhere.
So I'm sort of a bit on the fence on saying yes or no now just
based on a map and where it is. Some of them are no-brainers. I
mean, I'll -- I agree. But I'm just wondering if my colleagues think
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maybe we're doing too quick of a knee jerk without, you know, the
information on a few of them that might be a little -- might be worth
coming back to us.
And having said that, what works for me better, especially also
for the people watching, is that now that we've seen all of these,
rather than saying, "Hey, the third one and the fifth one," or
whatever, we go back to No. 1. We say yes or no. We go back to
No. 2, we say yes or no to be very clear not only to the court reporter,
but to the folks that are watching this or will eventually watch it.
Because we went through these very quick. We're maybe familiar.
You know why you might have pulled it off of the agenda so we
could talk about it, but the average person might not. And we're
dealing with, you know, big pieces of property, millions of dollars,
potentially.
And so for me, I'd like to go one by one, but I also would like to
think about, "Hey, is this maybe one that's maybe on the fence, do we
want to see what the appraisal comes back, or is that really a waste of
time," you know?
CHAIRMAN KOWAL: Well, can I just make a quick comment
before I get to you guys?
COMMISSIONER LoCASTRO: And I say that to get your
opinions. Like I said, just spitballing here.
CHAIRMAN KOWAL: No. And I don't have a problem with
us taking -- I mean, we can all agree on a couple of these I don't think
we're interested in.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN KOWAL: Now, I don't want to have appraisals
go out, because that costs us money and time as a county, and I don't
want to waste money on things we all agree at this point we're
probably not going to go forward with anyway.
COMMISSIONER LoCASTRO: I agree.
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CHAIRMAN KOWAL: Now, we can go through these
individually, the ones we think are possible. Then we'll vote on them
individually. I don't think I have a problem with that, right? And
then if we have enough votes to move it to that next phase, we'll take
it to the next phase. But I guess between us, we figure out which
ones is that -- that we're going to take individually now and then
move on from there.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. And, Commissioner
LoCastro, to your comments, the rationale here for me, from my
perspective, was these properties were on the perimeter out here, and
you know -- you said it well that, you know, sometimes these things
take time. Nothing is precluding a property owner from coming to
the County and saying -- let's use this one since it's up here -- "I want
$10,000 for it." Our staff can do an internal appraisal. Even if we
agree to not keep this on the A list, if this seller wants to sell to us at
a reasonable price, our staff can bring that to us at any particular
point in time. I just don't want to give direction to our staff for time,
money, and energy for resources --
COMMISSIONER LoCASTRO: I agree.
COMMISSIONER HALL: Well said.
COMMISSIONER McDANIEL: -- and take resources away
from something else that might be a more viable venture. So that was
my rationale for pulling this agenda item.
COMMISSIONER LoCASTRO: I agree. I also want to just
echo what you said. I don't like these coming in big chunks. And
you know, this would have if you wouldn't have pulled it. So maybe,
you know, just future, what we're doing now, sort of one by one, is, I
really think, the approved solution way to do it.
CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Okay. I just want to
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understand where we are. The two parcels, I think, Commissioner
Hall, that you said --
COMMISSIONER HALL: In the motion, Nichols and the
North Naples church.
CHAIRMAN KOWAL: And I think the one that may be -- it's
the Parang Trust --
COMMISSIONER SAUNDERS: Okay. That's the one that
says --
CHAIRMAN KOWAL: -- or Parong; what is that one?
COMMISSIONER HALL: That's not in there.
COMMISSIONER LoCASTRO: This is the first one, right,
Nichols?
CHAIRMAN KOWAL: Yeah, Nichols was the first one.
MS. COOK: Nichols is the first one.
COMMISSIONER SAUNDERS: So right now Nichols and
North Belle Meade Preserve --
COMMISSIONER HALL: Correct.
COMMISSIONER SAUNDERS: -- are the two parcels for
Commissioner Hall. On the Saintelmy, I'm not sure what -- why that
fell out.
CHAIRMAN KOWAL: Well, that was the one that, like -- it's a
little 1.14-acre outside of the target area, and it's like -- I mean --
COMMISSIONER LoCASTRO: Well, let's hit these one at a
time. So Nichols, this is the first one. Go back to Nichols.
COMMISSIONER SAUNDERS: Well, hang on. I'm not --
CHAIRMAN KOWAL: Go ahead, Commissioner Saunders.
COMMISSIONER LoCASTRO: Well, you're jumping around.
COMMISSIONER SAUNDERS: I was lit up, and I was trying
to understand where we are.
So Commissioner Hall is okay with North Belle Meade and with
Nichols, and I had asked a question about the Saintelmy property.
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And the reason I asked that is it's a fairly large parcel, but I believe
staff said that there was some species in there that -- and we're
looking to -- ultimately looking to purchase the property around it. Is
that correct or incorrect in terms of what the goal is moving forward?
MS. COOK: So the -- Commissioner, the surrounding
properties -- this specific one that you're looking at is the yellow
10 acres on the left-hand side.
COMMISSIONER SAUNDERS: Okay, all right.
MS. COOK: It is not part of the TPA, but the 10 acres to the
south of it is a part of a federal conservation easement from when
Twin Eagles was developed.
COMMISSIONER SAUNDERS: Nothing to the right is --
CHAIRMAN KOWAL: That's School Board property.
COMMISSIONER SAUNDERS: That's all School Board.
MS. COOK: This large one is the School Board property, and I
believe it's planned for a high school.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: Well, then, I agree. I think
that's -- we could have no problem taking that off the list.
COMMISSIONER McDANIEL: Do you want to whip through
these and do them individual votes?
CHAIRMAN KOWAL: Yes, let's do that. So I think -- you pull
them up as we go. So the Nichols -- do I have a motion for the
Nichols property?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER HALL: Second.
CHAIRMAN KOWAL: I have a motion and second. All in
favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
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COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: It's unanimous.
COMMISSIONER HALL: Ms. Cook, what's next?
CHAIRMAN KOWAL: Yes, the one I couldn't -- the one I
couldn't say.
MS. COOK: The one none of us can say. The 10 acres
Saintelmy property west of Symphony.
CHAIRMAN KOWAL: Do I have a motion?
COMMISSIONER McDANIEL: I'll move to reject.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN KOWAL: Okay. I have a move to reject and a
second. Do we have to take a vote on that or --
COMMISSIONER LoCASTRO: I don't think so. I think we
just skip it, right?
CHAIRMAN KOWAL: Take a vote?
COMMISSIONER HALL: Reject.
COMMISSIONER McDANIEL: Well, yeah. Because
Commissioner Saunders might want to buy it.
COMMISSIONER SAUNDERS: No, no.
CHAIRMAN KOWAL: He already said he didn't like it.
COMMISSIONER SAUNDERS: I'm okay with taking it off.
CHAIRMAN KOWAL: All right. All in favor of rejecting this
one off the list, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: Okay. It's rejected.
All right. Now we're to Sit. I believe that was the other one.
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MS. COOK: Yes.
COMMISSIONER McDANIEL: So this is another one I'll
move to reject.
COMMISSIONER HALL: Second.
CHAIRMAN KOWAL: I have a move to reject and a second.
All in favor of rejecting it, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: And it's rejected.
All right. The GAC.
COMMISSIONER McDANIEL: Here's another one I'll move
to reject.
COMMISSIONER HALL: Second.
CHAIRMAN KOWAL: All right. Same. All in favor of
rejecting, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: I believe Gomez is the next.
COMMISSIONER McDANIEL: This is another one I'm going
to move to reject.
COMMISSIONER HALL: Second.
CHAIRMAN KOWAL: All right. Reject and a second; signify
by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
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CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: Unanimously rejected.
Now, this is the one, the North Naples church. I think we're
calling it the Belle Meade property.
COMMISSIONER HALL: Move to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN KOWAL: So I have a motion to approve, and 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: That is approved.
And the other one, Parang Trust.
COMMISSIONER McDANIEL: Move to reject.
COMMISSIONER HALL: Second.
CHAIRMAN KOWAL: So move to reject and a second.
Signify by saying aye to reject.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN KOWAL: Opposed?
(No response.)
CHAIRMAN KOWAL: Didn't have an opposed.
Okay. All right. So we have two to go ahead and move forward
with.
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MS. COOK: We have the one that was on the B list.
CHAIRMAN KOWAL: You said that's all right on hold.
MS. COOK: Correct. So as long as you are all okay with us
leaving it on hold for a year, we would --
COMMISSIONER McDANIEL: Show us a map.
COMMISSIONER LoCASTRO: Show it to us.
COMMISSIONER McDANIEL: Yeah, show us -- do you have
a map of it?
MS. COOK: Yep. It's on the screen right now. It is, again, just
north of the Symphony property. It is the -- hatched in red. Also
adjacent to School Board property, which I believe is zoned for an
elementary school. It is upland habitat. And the consideration with
this one is it is within the TPMA area, but we have not acquired
anything around it, and it is not currently accessible, which was why
we were waiting to see if we get any within the next year that also
apply.
COMMISSIONER McDANIEL: And if I -- I'm fine with it
waiting a year, but -- and I just would like to say that, you know,
make sure that the folks that are bringing or -- because apparently
there's some kind of negotiations or communication going on with
these property owners. They're welcome to necessarily offer us a
price, and then -- and then it can still come -- just because we're
rejecting today doesn't mean we don't ultimately want it. If they -- if
through other means an equitable arrangement can be made, then we
can -- we can give them consideration then.
CHAIRMAN KOWAL: All right. So we don't need a motion to
put it on the hold list. It's already there, right?
MS. COOK: (Shakes head.)
CHAIRMAN KOWAL: All right.
MS. COOK: All right. Thank you.
CHAIRMAN KOWAL: Thank you. Was that 11E?
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MS. PATTERSON: That was 11E, sir. We have two more,
12A and 12B, which were formerly 16K1 and 16K19, and we have a
1 o'clock-ish time-certain for the Sabal Palm.
CHAIRMAN KOWAL: Would you guys like to break for lunch
now and come back at 1?
COMMISSIONER McDANIEL: Yes. Whatever you want.
You're the Chair. Call it.
CHAIRMAN KOWAL: All right. Let's go ahead and take
lunch. Be back at 1.
(A luncheon recess was had from 12:03 p.m. to 1:00 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN KOWAL: All right. We're going to bring the
room to order. We're going to go ahead and -- we're starting back up
after our lunch break, and we have a 1 p.m. time-certain item here.
Ms. Patterson.
MS. PATTERSON: Yes, sir.
Item #9A
AMEND ORDINANCE 89-05, AS AMENDED, THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND MAPS
TO CHANGE THE LAND USE DESIGNATION FROM
AGRICULTURAL/RURAL DESIGNATION, RURAL FRINGE
MIXED USE DISTRICT-SENDING LANDS TO
AGRICULTURAL/RURAL DESIGNATION,
AGRICULTURAL/RURAL MIXED USE DISTRICT, 341 SABAL
PALM ROAD RESIDENTIAL SUBDISTRICT TO ALLOW UP TO
423 OWNER-OCCUPIED DWELLING UNITS WITH
AFFORDABLE HOUSING, AND DIRECTING TRANSMITTAL
OF THE ADOPTION AMENDMENT TO THE FLORIDA
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DEPARTMENT OF COMMERCE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
THE SUBJECT PROPERTY IS 169± ACRES AND LOCATED ON
THE SOUTH SIDE OF SABAL PALM ROAD, APPROXIMATELY
1.4 MILES EAST OF COLLIER BOULEVARD IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PL20230016340- 341 SABAL PALM ROAD
RESIDENTIAL SUBDISTRICT (GMPA)] (THIS ITEM IS A
COMPANION TO ITEM #9B) - MOTION TO CONTINUE TO A
FUTURE MEETING BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER LOCASTRO - APPROVED
(COMMISSIONER HALL AND COMMISSIONER SAUNDERS
OPPOSED)
Item #9B
AN ORDINANCE TO REZONE REAL PROPERTY FROM A
RURAL AGRICULTURAL (A) ZONING DISTRICT WITHIN THE
RURAL FRINGE MIXED USE DISTRICT OVERLAY - SENDING
AREAS AND THE NATURAL RESOURCE PROTECTION
OVERLAY, AND PARTLY IN THE SPECIAL TREATMENT
OVERLAY TO THE 341 SABAL PALM ROAD RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) TO ALLOW UP TO
423 OWNER-OCCUPIED DWELLING UNITS WITH
AFFORDABLE HOUSING. THE SUBJECT PROPERTY IS 169±
ACRES LOCATED ON THE SOUTH SIDE OF SABAL PALM
ROAD, APPROXIMATELY 1.4 MILES EAST OF COLLIER
BOULEVARD IN SECTION 25, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA. [PL20230016342 -
SABAL PALM PUDZ] (THIS ITEM IS A COMPANION TO ITEM
#9A) - MOTION TO CONTINUE TO A FUTURE MEETING BY
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COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO - APPROVED (COMMISSIONER
HALL AND COMMISSIONER SAUNDERS OPPOSED)
MS. PATTERSON:So we are hearing Items 9A and 9B. They
are companion items and our 1 o'clock time-certain. I'm going to
read the titles into the record, then we'll do ex parte, and then we'll
swear everybody in that intends to participate in this Conversation.
Item 9A is a recommendation to amend Ordinance 81-05 as
amended, the Collier County Growth Management Plan, specifically
amending the Future Land Use Element and Maps to change the
land-use designation from Agricultural/Rural Designation, Rural
Fringe Mixed-Use District Sending Lands, to Agricultural/Rural
Designation, Agricultural/Rural Mixed Use District, 341 Sabal Palm
Road Residential Subdistrict, to allow up to 423 owner-occupied
dwelling units with affordable housing, and directing transmittal of
the adoption amendment to the Florida Department of Commerce,
providing for severability, and providing for an effective date.
The subject property is 169 plus/minus acres and located on the
south side of Sabal Palm Road approximately 1.4 miles east of
Collier Boulevard in Section 14, Township 50 South, Range 26 East,
Collier County, Florida.
Its companion item is a -- Item 9B is a recommendation to
approve an ordinance to rezone real property from a rural agricultural
zoning district within the Rural Fringe Mixed-Use District Overlay
Sending Areas and the Natural Resource Protection Overlay and
partly in the Special Treatment Overlay to the 341 Sabal Palm Road
residential Planned Unit Development to allow up to 423
owner-occupied dwelling units within -- with affordable housing.
The subject property is 169 plus/minus acres located on the
south side of Sabal Palm Road approximately 1.4 miles east of
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Collier Boulevard in Section 25, Township 50 South, Range 26 East,
Collier County, Florida.
With that, Commissioners, ex parte.
CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I found my list.
CHAIRMAN KOWAL: You got a second chance to rectify
yourself.
COMMISSIONER SAUNDERS: I had meeting,
correspondence, emails, phone calls on both of these items.
CHAIRMAN KOWAL: Commissioner Hall?
COMMISSIONER HALL: Meetings and emails.
CHAIRMAN KOWAL: Commissioner LoCastro?
COMMISSIONER LoCASTRO: What do you think?
CHAIRMAN KOWAL: Full gamut.
COMMISSIONER LoCASTRO: Everything.
All right. Commissioner McDaniel.
COMMISSIONER McDANIEL: Meetings and emails and
calls.
CHAIRMAN KOWAL: Yeah. Myself, I have meetings,
emails, and I actually got a few phone calls during lunch today, so
I'm going to add those to the list.
MS. PATTERSON: Very good. If all participants that will be
participating could please stand and raise your right hand to be sworn
in by the court reporter. This does include public comment.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
MS. PATTERSON: Very good. Mr. Yovanovich.
MR. YOVANOVICH: Thank you.
CHAIRMAN KOWAL: Would you like to say anything?
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COMMISSIONER LoCASTRO: Yeah, I'll make -- let me make
an opening comment, if I may.
CHAIRMAN KOWAL: Can you wait a moment. I'm going to
let Commissioner LoCastro make an opening comment.
COMMISSIONER LoCASTRO: First of all, it's -- to the folks
that have come here, thank you. I mean, we appreciate and respect
your comments.
Nobody's, you know, predetermined anything. You know, I will
tell you, I can't speak for the other commissioners, but I looked at all
the emails I got, and what we're here to do today is to separate rumor
from fact, okay. And although there's a lot of passion out there,
unfortunately, a lot of the emails we got were very passionate but not
very factual. Give you a perfect example.
"Good day to you, Rick. I'm writing today to ask you to please
not tear down or demolish an orchard in Naples for the 2600 new
homes you plan to develop. We are losing," blah, blah, blah, "small
town" -- so, okay, that's one example.
Okay. How many emails did we get saying, "Please stop
building in the Everglades"? This property isn't in the Everglades.
So help us make a smart decision here, okay. Nobody up here is
trying to turn Collier County into Miami, but I can tell you if you
switch places with us, we also have to follow the law. When people
own property, they're allowed to request to do something with it. I
can't tell you the number of emails I got where citizens almost
inferred that we own the property. "I can't believe you're allowing
the County to do A, B, C, D, and E. You're so greedy."
Well, I think we'll hear from the landowner if the property is
sold, we won't get any money. The landowner will. So understand
the process to help us make the educated decision.
We have plenty of gated communities that butt up against land
that is -- that is -- has conservation value. That's not the same thing
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as being the Everglades. So you're going to hear a lot of things
today, and what we need is more facts and less just passion. "Stop
building. Put a lock on the front gate." That's not realistic.
And so I'm not saying this is a great project. I don't know if it is.
None of these commissioners do. This is the first time we've
assembled in this room.
You know, where's Mr. Cornell, Brad Cornell? Raise your
hand. So Brad Cornell is somebody from the Audubon Society that I
greatly respect, and those of you that have -- maybe have never been
in this room before, he comes here and speaks on behalf of
environmental concerns, has unbelievable amount of knowledge, and
when the room is empty and he's speaking on behalf of the
environmental community, it's extremely helpful to us.
But also on the flip side, a lot of -- you know, he wrote five
sample emails that he sent out to all the members of the Audubon
Society and said, "Hey, pick one of these five emails, and here's also
five sample subject lines, and flood the in-boxes of the
Commissioners."
You know, I called a few of the people that sent those emails,
and I said, "Do you know where Sabal Palm Road is?
"No."
"Do you know where the -- you ever been to the orange grove?"
"No."
"Do you think it's in the Everglades? Because your email said it
was."
"I really don't know. I'm just a supporter."
And Brad and I had this conversation yesterday in my office.
And I'm not saying it to be disrespectful. But what I'm saying is, we
really have to deal with facts here. And there's sometimes some
things -- you know, I've been known to say up here we vote for
sometimes things that we have -- that we hate the least. But doing
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nothing or because we got a petition with 10,000 signatures on it,
then we just -- we have to -- we're forced to vote no. Unfortunately,
sometimes these jobs can look easy from the sidelines, and they're
not.
I'm here. We're all here to -- and, sir, you shouldn't shake your
head because I can tell you that's what we're here for. So if
anybody's out there going, "Oh, God, no. You've already decided.
You're all on the take," and -- I'm driving a four-year-old Acura.
Trust me, I'm not on the take. I've got a VA loan on my house, okay?
I'm not on the take.
But if you're going to come to the podium and speak, a couple of
things that we often say is, yield your time to somebody that maybe
has a more organized approach. You know, yielding your time to
somebody like Brad Cornell so he's not rushed and he can map out
what he wants to say. Coming to the podium as a concerned citizen
and just saying, "Stop building. You're ruining things," and all that,
it's your right, and nobody's going to get cut off here. And I can even
tell you, if you haven't finished and your light comes on, we're very
cordial up here to say, "You know, finish your thought." We're not
here to cut you off.
But help us make the best decision possible. But in the end,
whatever we decide today will not please everyone. I can tell you
right now I have people that said, "Nobody wants Costco."
Remember that thing, you know, nobody wants Costco? You know
what, I had hundreds and hundreds of emails from people who
wanted it; hundreds and hundreds of people who didn't. And in the
end we have to make a legal decision.
So I'll just conclude by saying I respect each and every one of
you for coming here, people that took time to send an email, even if it
was a cut and paste and you never heard of Sabal Palm Road but you
just thought you'd pile on or whatnot. We don't make a decision
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based on keeping score of how many people want it and how many
people don't. We have to make a legal decision here.
And this one is very unique. And a lot of you, probably all of
you, weren't here at our last December meeting, but my colleagues
recall me closing the meeting saying, "Please, between the -- at the
end of the December meeting and now, meet with all the people
concerned, read as many of the emails as you can," because I can tell
you I've only been in this chair, what, five years. Commissioner
Saunders and Commissioner McDaniel have the longest tenure here,
but this one has moving parts and pieces that I've never seen, Sending
Lands, Receiving Lands, all these other things. This one is unique.
So we understand that, but it doesn't make it as black and white
as just, you know, nobody wants it, don't build it, vote no, and -- you
know, and we'll all love you. It's a little bit more complicated than
that.
So I appreciate, you know, the folks that are here. I have no
preconceived, you know, decision. I have no idea because I haven't
heard from both sides. But this is like a court case. So before you
send somebody to the electric chair or not, you have to hear from
both sides, which I hope we will today.
And let's be professional. Let's be cordial. Let's respect. We
don't need to hear boos and claps and all those kind of things.
This is a heavy decision with a lot of moving parts. And I can
tell you the five commissioners up here take this job very seriously.
And in the end, a group of people will walk out of this room happy
and a group of people will walk out of this room unhappy. I don't
know which group that is, but almost every decision we make up
here, that's the case. And I can just tell you that you've got five
people up here that have integrity. We're not on the take. We're not
trying to just say rubber stamp and build anything.
But we don't own the land. Somebody else does, and they're
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about to request to do something with it, and within the law, we're
going to take a look and see what makes sense and what doesn't. And
if there's other outstanding or additional parameters that need to be
taken into consideration, that legally will allow us to maybe paddle in
multiple directions.
And so I thank you for your participation. This is what this is all
about. Public comment is a big part of an important piece of any vote
that we make, so thank you.
CHAIRMAN KOWAL: Thank you, Commissioner.
Petitioner, go ahead and proceed with his --
MR. YOVANOVICH: Thank you. Good afternoon. For the
record, Rich Yovanovich on behalf of the petitioner.
The petitioner is SWJR Naples 1, LLC. They have a contract to
purchase some property from an existing farmer who you will hear
from as part of our presentation.
Wayne Arnold is our professional planner, Norm Trebilcock is
our traffic consultant, Tim Hall is our environmental consultant, JD
DeForge is our civil engineer.
As we go through our presentation, we will address comments in
emails that you have all received. We will attempt to separate fact
from non-fact that are contained in many of the comments that we
heard at the Planning Commission and many of the comments in the
emails.
One of the things -- or a couple of things I want to address right
from the get-go, what we are proposing is 100 percent consistent with
your environmental concerns within your Growth Management Plan
including the concerns set forth in the Rural Fringe Mixed-Use
District, which this property is within.
The Rural Fringe Mixed-Use District, for people who are in the
audience that weren't around in 1999 when the governor and cabinet
imposed a moratorium on development in certain portions of Collier
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County, led to two separate areas of Collier County having
regulations adopted at the end of that moratorium in the year 2002.
So we're talking 26 years ago we were in a moratorium; 23 years
ago we came out of this moratorium. And we have the Rural Lands
Stewardship which is where you have your towns and villages.
You've had several petitions in that area, and you have areas closer to
the urban area called the Rural Fringe Mixed-Use District, and in the
Rural Fringe Mixed-Use District you had three categories of lands:
Receiving Lands, Sending Lands, and Neutral Lands.
What we're asking is that a portion of the lands that was
previously designated Sending Lands -- and that analysis was done at
a 50,000 -- or 50,000-foot landscape analysis to designate these
lands -- be redesignated to this subdistrict to allow for a project to
move forward. And we'll go through the environmental reasons as to
why this land should not have been designated Sending Lands based
upon an actual analysis of the property versus what was done in 2002
which was a big, huge landscape analysis where you drew
lines -- you drew lines on the land.
And we're not the first ones to come through and make changes
to that. There's -- there were -- a several-hundred-acre property also
in the Belle Meade area, also within the NRPA that would -- the
Hussey lands originally designated Sending. Those were
redesignated to Receiving based upon an analysis of what's land like
today in reality versus how it was designated originally.
A couple of things that I want to hit on early is we have a
deviation for littoral plantings in the lakes. There's a requirement that
30 percent of the lake area have -- contain littoral plantings. Contrary
to what the emails are saying, we're not trying to get out of the
requirement to do 30 percent of the lake areas of littorals. What
we're asking for is the ability -- and by the way, you'll hear this from
Tim. We have 20 acres of lakes; six acres of littoral is required.
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Instead of dividing it into the multiple lakes, we want to consolidate
that six acres into one area of littoral plantings to better serve the
environment, better clean the water, better create wading bird habitat.
We are providing over six acres of littoral plantings as part of
our project. So we are not trying to avoid littoral plantings and the
benefits they are. We are attempting to put them in an area that the
environment is better served.
The deviation is written the way staff wanted us to write the
deviation. But the reality is we are doing the required 30 percent of
the lake areas as littoral plantings as part of our project.
This project is a hydrologic enhancement to the area. It is not a
detriment. It furthers your goal to rehydrate the area. We are putting
in culverts under Sabal Palm Road, which everybody acknowledges
acts as a dam today. It keeps water to the north north. Probably is
creating some flooding issues for people who live on the north side of
Sabal Palm.
Our project will pull culverts in. We'll restore the flow of water
south and provide the hydrological benefit your Comprehensive Plan
is asking for.
So we're an enhancement to the hydrology, contrary to some of
the information in those emails where they're alleging we are a
detriment to that hydrological enhancement.
And we do have a requirement to have a wildlife -- I'm sorry -- a
wildfire plan. That's already a commitment in the PUD. And in
other projects, there are many, many, many projects where prescribed
burns occur, especially out in the Rural Lands Stewardship Area.
Very same issues with regards to environmental concerns.
We will do the same as every other project that is near
prescribed burns. We will provide to all of our buyers a notice that
there are going to be prescribed burns in the area. Be aware, so when
you smell these prescribed burns, you don't get scared. And we also
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have a requirement to properly design our project to -- if there is a
wildfire in the area, to assure that our property is safe from any
wildlife that may occur.
Those are all already in our proposed project. That's not new.
That's been considered. That's been part of our project from day one.
Here's the location of the property. You can see Collier
Boulevard to my left, which is to the west, and you can see our
169.19 acres highlighted on this piece of property.
We're 1.4 miles from Collier Boulevard, which is only
four-tenths of a mile from the urban boundary. We are not urban
sprawl, we're not in the middle of the Everglades, and we're not on
conservation lands. So whoever's telling you this is conservation
lands, it is not zoned conservation lands, and it is inaccurate to
represent that this land is conservation land.
This land is a farm. It's an orange grove that candidly -- and
you'll hear from my clients. Had my clients known what was
happening to them 26 years ago, that they were going to have rights
taken away from them as part of this program, they would have
stopped their busy farming -- thriving orange grove at the time and
gotten involved. And I -- your staff will confirm they believe these
lands would not have been designated Sending Lands at the time
because these are impacted lands. It's an orange grove. I think most
of us know that the orange industry in Florida, I think in saying is in
trouble is an understatement.
Had this continued to be a viable use on the property, an orange
grove as a viable use -- this is a family that's farmed for generations.
They would have passed it on for more farming options. The reality
is an orange grove on this piece of property is not economically
viable. Those trees are not producing. They will never produce.
And candidly, bigger -- bigger agricultural interests in Florida
have -- are moving away from the orange industry for reasons beyond
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their control.
So this isn't a greedy grab by a farming family. This is the
reality of life. They didn't know what was happening to them in the
first place. They didn't anticipate or hope for their livelihood to go
away because of things that are beyond their control. This will never
be an orange grove whether you approve this project or not. An
orange grove will not succeed on this piece of property. And
candidly, from an environmental perspective, what we're proposing is
far better for the environment than the existing farming operations
that are occurring on the property.
I also want to point out that our project exceeds the preserve
requirements for Sending Lands. Sending Lands are required to
retain 90 percent of the existing preserves on site -- the existing
native vegetation on site. That would be a total of three acres. That's
all. We are preserving, as you can -- hopefully you can see there are
two existing areas of vegetation --
Is that working, Troy? I've got to go this way. I've got it. Oh, it
was the monitor. Oh, you know what, I'm hitting the wrong thing?
I'll point them out on this while Troy helps me.
This area is native. This area is native. We're retaining this area
and this area. Those are the native areas -- over here. We're keeping
100 percent of the native vegetation. So we're exceeding what the
Sending Land requirements are, and we're doing additional plantings
to create a flowway.
So we're meeting -- even though we shouldn't be designated
Sending Lands, we're meeting and exceeding the preserve
requirement of the Sending Lands. And as we'll show you through
our master plan, we're actually creating a flowway. That flowway
will better treat water as it flows through our property. It will create
wading bird habitat and will enhance the wildlife potential for this
property.
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Tim will take you through the -- this is not a place where you
have a ton of panthers living on this site. You don't have that.
CHAIRMAN KOWAL: Hey, I'm going to caution the audience.
We're not going to have any outbursts, and I would -- you would
respect everybody up here speaking, okay? That's just -- it's not -- it's
not accepted. Thank you. Respect people when they're speaking.
MR. YOVANOVICH: Thank you, Mr. Chair.
So you'll hear from the environmental consultant who's actually
walked the site, has actually done the research, and by the way, all
confirmed by your County staff.
So the public knows, we provide information to the staff. Your
staff reviews it. They do site visits. They confirm what we tell them
is factually correct. And at the end of the day, if you want to ignore
every one of my consultants that are speaking, your consultants, your
experts are all in support of what we're proposing, and that includes
every bit -- every one of your environmental experts, your housing
experts, and your planning experts.
We've been here before with the Growth Management Plan
transmittal hearing. If you will recall, originally the Growth
Management Plan had a -- no requirement to provide any TDRs. It
had a 15 percent affordable-income-restricted-unit requirement,
which would have about been 63 units. It also included our paying a
fair share for a traffic signal at the intersection of Collier Boulevard
and Sabal Palm.
We went and listened to the transmittal hearing comments we
got from the -- both the Planning Commission and the Board of
County Commissioners as well as the public comments that were
made at that hearing and as well as comments that were made at the
adoption hearing and the rezone hearing in front of the Planning
Commission, and we've made changes to the project.
Now, we also had several meetings with Commissioner
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LoCastro and the rest of the -- the rest of the Commissioners that we
took those comments seriously, made significant changes to this
project, all of which I'm sure you will hear from your staff further
enhance -- or further enhances the goals and objectives of your
Comprehensive Plan. I'll go over a few of them. We've tried to
highlight them.
Instead of doing 15 percent of the units income restricted, we're
now going to 20 percent. Previously, all of the units were going to be
at the 120 percent income category and below. Now half of those
units will be at the 120 percent and below category. The other half
will be at the 100 percent and below category. We're going from 63
income-restricted units to 85 income-restricted units.
To my knowledge, other than Habitat for Humanity, nobody's
providing for-sale affordable housing, and nobody's providing it at
the 100 percent and below category.
Pulte is the ultimate developer of this project. And Pulte has
done a similar project to this project in Sarasota. So you have a
developer that's going to deliver those for-sale affordable housing
units to Collier County. This isn't like many projects that you've
approved -- that have been approved that have not yet come out of
the ground.
We have a developer that's ready, willing, and able to go
forward with a for-sale mixed-use project in Collier County.
As part of the Planning Commission approval, Pulte has a
Hometown Heroes program. They're going to contribute $2,000 per
unit for down payment assistance. Initially, that was 126,000 when it
was 63 units. Now that we're doing 85 units, that number's going to
go to $170,000 for income -- I'm sorry -- down payment assistance as
part of this project.
The project itself is -- I'll call them market-rate units, the
stand-alone single-family homes. But price points are between
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600- and $900,000. That's a lot of money. But that actually is
attainable housing in Collier County for people who make
somewhere between 125,000 and $180,000 as a family.
So you're talking about a project that is going to be priced for
people who are essential service people based upon the
income-restricted units as well as the remainder of the units will also
be priced for people who are working in Collier County to come live
and stay in Collier County and not drive down from Lee County or
come over from Hendry County to live here.
And I also want to point out that under your Land Development
Code density bonus matrix with the modifications, we would be
entitled to ask for five bonus units per acre. We're only asking for
one-and-a-half bonus units per acre. And how did I get to one and a
half is because we've also agreed to purchase 135 TDRs. It's been a
concern of some commissioners that by providing affordable
housing, developers were getting out of the requirement to buy TDRs
to get to the one unit per acre.
So we're going to buy 135 TDRs to get one -- to one unit per
acre as our base, and then we're going to provide the affordable
housing for a one-and-a-half-unit-per-acre bonus when under your
matrix we could ask for five.
So if anybody's saying we're trying to maximize the density on
this property, we're not. We want to do townhomes and single-family
homes. Two and a half units per acre is not a high-density project.
It's consistent with the density immediately adjacent to this property,
as Wayne Arnold will take you through. So we are not maxing out
nor are we asking for a rental project on this property. This is all for
sale.
You will -- you know, as we've said before and you've heard, we
don't believe this property should have ever been designated Sending
Lands in the first place. You can see this is an impacted orange
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grove. You have other examples, and I'm prepared to share to you,
where there's been an arbitrary line drawn. I'm assuming it followed
property ownership. I don't know. But there are other examples that
have lands that are not impacted at all like this designated Receiving.
In fact, you have lands not impacted at all designated Receiving in
this same Belle Meade area. So you really need to look at the
property on a case-by-case basis when it comes time to apply the
requirements.
We're going to have our experts, and we're going to spend some
time on this. Wayne's going to take you through the planning aspects
and the density around us and that we're not urban sprawl. Your staff
has already determined we're not urban sprawl. And candidly, the
State of Florida has determined we're not urban sprawl.
We had to go to the State of Florida for our proposed Growth
Management Plan amendment. The State was involved in the
original establishment of the Rural Fringe Mixed-Use District and the
goals and objectives of the Rural Fringe Mixed-Use District, and the
State of Florida is not objecting to this 169 acres being designated the
subdistrict we're asking for and for it to be developed with
income-restricted housing on it.
We will take you through -- JD, who is our civil engineer, will
take you through concerns that were raised with regard to
water-quality treatment as part of our water management system as
well as the flow of water because there are issues west of our
property, north of Sabal Palm Road with some flooding. That has
nothing to do with us. In fact, we'll make it better by allowing for
water to flow north to south under Sabal Palm Road.
And JD will talk to you about the water management district
requirements for nutrient treating and removing nutrients from the
water that go through our project and that we will be enhancing that.
So we will be bettering the environment through our proposed project
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from what's there today.
I'm not going to read all of the language. I'm going to -- I've
highlighted most of this. The project is 423 units. We are -- have a
60 percent open-space requirement. For the record, if you were in
Receiving Lands and you were doing affordable housing, you would
only have a 50 percent open-space requirement. So we're exceeding
what a Receiving Land project would provide as part of this. And
obviously, we're going to have to update this to go from 63 units to
85 units and then, you know, the 10 percent will be at 120 percent
and below, and 10 percent will be at the 100 percent and below
income categories. But we'll make those modifications, and we'll
also obviously add the TDR requirement as part of the Comp Plan in
the PUD.
This is an employment map for what's around the area. This
project is not in the middle of the Everglades. This project is
essentially adjacent to the urban area. It's in close proximity to many
employers, including Physicians Regional, NCH, schools. You've
received letters of support from Physicians Regional and others, and
there are people from NCH here and others to speak in favor of what
we're proposing. It's also near the new medical school that's coming
to this area.
So this is providing housing for people who work in schools,
work in hospitals, work in doctors' offices. Hopefully the young
doctors that -- as they become trained physicians will want to stay in
Collier County and provide an opportunity for them to start their
homeownership journey here in Collier County.
So this project is properly located, it protects the environment,
it's consistent with your Comprehensive Plan.
I'm going to turn it over to the property owners to have them
explain why they're here, and then we'll have Wayne take you
through the planning, and then we'll go through the environmental as
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well as the water management portion of our project.
Hopefully you'll allow us to finish our presentation. Hopefully
we'll address many of your questions, but if we don't, obviously
interrupt us wherever.
I'm happy to answer any general questions you may have now
before our consultants get up there, but otherwise, I'll turn it over to
on the property owners.
CHAIRMAN KOWAL: I don't see anybody lit up at this
moment, so continue the presentation, please.
MR. JACOBS: Good afternoon, Commissioners. My name's
Henry Jacobs. I'm one of the owners of South Naples Citrus Grove.
In 1978 our family, including my parents, their six children, of
which I'm a son-in-law, purchased a square-mile parcel of land,
approximately 640 acres, in this county, Collier County. All but the
169 acres on Sabal Palm Road were sold in 1988. We have been
long-time vegetable farmers in Illinois, and our parents had
previously owned a citrus grove in the Rio Grande Valley of Texas,
which prepared us to develop the Florida property as a citrus grove.
The best location was at the highest ground elevation where pine
trees were growing and where we chose to develop our citrus grove.
Farmers don't farm wetlands. Our grove had never been developed
on natural wetlands. We cleared the land and established ditches and
dikes to manage the water table.
We planted our first citrus trees in 1980, and after five long
years of growing, we began harvesting our first fruit and began
welcoming customers to our citrus grove where we had fruit for sale.
In 2002, after a lot of residential and commercial development
occurred near our grove, our property was apparently included in a
new Sending zoned designation to be conserved.
We were never contacted or consulted regarding this change,
and because our grove production was thriving at the time, we were
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very busy and at the time didn't consider its implications for our
property in the future. Because our property had already been
developed and in production as a citrus grove for nearly two decades,
it had long ceased to be a natural Florida vegetation, making its
inclusion as a Sending zone somewhat puzzling.
In 2014, the increasingly devastating effects of citrus greening
disease became very apparent in Florida citrus groves. At first, we
were not immediately affected, but even with careful management
and taking precautions, greening was eventually detected in our
grove.
Despite our best efforts, the trees began to decline and
eventually die in significant numbers. For the better part of the last
decade, our production has been declining dramatically. Many
Florida citrus growers have given up, but we held out hope that a
solution for stopping the greening disease would be developed.
In 2023, having fought what seemed to be a relentless but losing
battle against greening, also considering the property's proximity to
many developments, we decided to look for another use of our
property. All of us owners are at beyond -- are at or beyond
retirement age, and we can't continue to hold out hope for a solution
that may never come.
When a developer expressed interest and was willing to pursue,
on our behalf, the rezoning process and expense needed for us to
move on, we decided to move forward. No one has expressed an
interest in purchasing our investment property to restore and maintain
it as conservable land.
Now, in 2026, as time continues to move on, it's our sincere
request that you would approve the rezoning designations for our
property and also for the proposed development plan which we think
includes many positive improvements for the surrounding community
and for the county.
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Thank you for your time.
MR. YOVANOVICH: And for those in the audience who don't
know, when the County changes the Land Development Code,
changes the Comprehensive Plan, there's no requirement to notify
any property owners that these changes are occurring. The only
things that happens is word of mouth, or there's an ad in the
newspaper, unlike what we have to do. We actually have to provide
notice to our neighbors of what we're requesting. So they didn't
know what was happening. Many people didn't know what was
happening as this went through the process.
And I'm sure had they known what was happening, there would
have been a carve-out, because I know I was retained to do some
carve-outs back in 2002 and -- based upon the land conditions as they
existed.
So they're in the unfortunate circumstance of they have a
valueless piece of property because Conservation Collier wouldn't
want the property because we'd have to clean it up. So the cost to
clean it up will basically render the property valueless from a
Conservation Collier perspective.
And with that, I'm going to turn it over to Wayne Arnold to take
you through the planning aspects of the project.
MR. ARNOLD: Good afternoon, Commissioners. I'm Wayne
Arnold, a certified planner.
And just to build on the exhibit that's on the screen is our
employment map that we created as part of the Comprehensive Plan
amendment. And we've shown this on many other projects, and
we've picked a 10-mile radius just because that's an easily drivable
distance, and it stays within Collier County unless you're in the far
northern reaches.
But here, on that one -- I looked at some of the notable examples
of employment that we have there, and we have three hospitals within
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that 10-mile radius. We have 15 schools. We have two Home
Depots; a Lowe's; Walmart, three of those; Collier County
Government Center; 15 hotels; 18 country clubs; 15 police/fire EMS
stations; and the Coastland Center Mall.
So I say that because this is proximate to a lot of opportunities
for people to live and work in Collier County. And as Rich said,
providing 85 now affordable for-sale units is a pretty significant lift,
and it's one that you haven't seen before outside of a Habitat project.
So I think that's a big accomplishment, and I think many thanks are
due to Pulte Homes for stepping up to do that. The TDR is also an
important aspect of that as well.
But it's been said by some of our opponents that this is an
isolated parcel. It's not. Rich showed you the examples that we're,
you know, in the urban area and proximate to the urban area by about
.4 miles. It's not an isolated district. We're going to have easy access
to water and sewer. And as he said, the State looks at urban sprawl
as one of the criteria for Comp Plan changes, and there were no
objections to our request from the State. So that's a pretty important
aspect.
On the screen here is the proposed PUD master plan. I think we
showed you this as part of our Comprehensive Plan transmittal
hearing, but just to give you an overview, you heard a lot about the
flowway aspect of this, the importance of that.
So this part of the site from Sabal Palm Road wrapping all the
way to the south into the property and across and around one of the
retained preserves will be a large flowway, and that's going to be
enhanced with some culverts that get built as part of the Sabal Palm
Road reconstruction, and that's going to allow flow from the north to
the south as it continues, and that's going to be consistent with your
hydrologic restoration plan that you have for the Belle Meade area.
It's also going to enhance some of the properties, as Rich said, to the
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north that are being impeded from their flows to the south because
Sabal Palm Road was not built with the proper culverts and sized
appropriately to handle that. So that's a big part of this master plan.
All of the "R" areas are the residential tracts. They're
throughout. The area where the affordable's going to be clustered
and townhomes will be on our northeast corner of the site up here.
They're going to have an amenity complex. We're going to have an
emergency connection and sidewalk connection with those on the
balance of the project.
The two preserves that Rich mentioned, one is here at the
northern side. They're preserve in name only because I think Tim
Hall will tell you they're very poor, poor quality vegetation. They
don't really qualify as native vegetation in many instances, but as we
said, we're restoring those, and we'll be enhancing those, and those
will be functional preserves when the project is complete.
The preserve that Rich mentioned that's also a part of this
flowway and the littoral plantings is located there. And the deviation
note is there. That just denotes that we've asked for that deviation to
cluster those littoral plantings in the flowway and that preserve so it
can provide better habitat for wading birds.
We have two access points on Sabal Palm Road; a central access
point here, another one serving the townhomes all the way to the east.
We'll be extending Sabal Palm Road and making road improvements
from the point at which the County stops its maintenance to the west,
so that road will be rebuilt.
We're also going to be extending the sidewalk that exists on the
south side of Sabal Palm Road in front of Verona Walk. That will be
extended along to our frontage as well. So there will be pedestrian
connection back a mile to Verona Walk.
This is an example -- we heard a lot of comments at our
neighborhood meeting from folks in Verona Walk concerned that we
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were going to flood them. You're going to hear from JD DeForge
shortly. But there's a basin divide in here, and, frankly, everything
that is in Verona Walk is captured internally. There's no water
flowing into Verona Walk from the east, which in this area there's no
connection. Their discharge point is down here to the south. They
collect all their own water, and it discharges to the south. Our lands
will discharge in this area all the way south into that Hacienda Lakes
preservation area that's to our south.
And we'll be accepting flows from this area through new
culverts that are placed here, here, and here. And JD will go through
those in more detail. But you can see that we're, you know,
2800 feet, half a mile from the Verona Walk folks, and we have
no -- no water connection to them whatsoever.
The permitted uses -- we're asking for only single-family,
two-family, and townhomes. They're all owner occupied. We have
development standards that are very comparable to things you've seen
for other projects for the single-family homes, the two-family homes,
and the townhomes. Nothing there that's heavy to note other than
we're asking for typical -- the single-family homes may be two stories
in height.
Developer affordability, a big deal. PulteGroup, they have their
own program. They've financed their own projects so they're -- they
do their own mortgages. They help people with their interest rates.
We're going to provide the 85 townhomes set aside as part of what
they call their Hometown Hero, and that's for families that are
making the 120 percent of AMI or about 136,000, and that's at the
120, so that income level will go down with our commitment to
provide 10 percent of those 20 percent units at the 100 percent or
less.
The townhome product -- all of the townhomes -- there's about
95 planned. Of those 85 would be the affordable. They'll all be built
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to identical standards. You're not going to distinguish anything that's
affordable from those that are not.
Just some renderings that we've shown just to show its typical fit
and finish, concrete block construction, you know, nice appliance
packages, and nice living spaces.
A lot of public benefits, we think, derive from this project.
Again, the 85 income-restricted residential homes for sale.
The flowway restoration, you're going to hear a lot more about
that from JD, but that's a big deal, and I think your staff is going to
tell you that that's a significant aspect of what we're proposing to do.
The Sabal Palm Road improvements, I think anybody who's
been on Sabal Palm Road, especially in the summer months, you're
driving through some standing water, and that situation's going to be
resolved, and we're going to be able to pass the water properly across
the road.
Ninety percent preservation of the native vegetation that's on
site. And we have the NRPA lands -- we've provided for a buffer to
the east from the NRPA lands. We've also -- again, we're going to be
discharging from the flowway and continuing the discharge from the
north to the south as it should properly be done.
We're asking for, as Rich mentioned, the 423 units. It's about
two-and-a-half units per acre overall, but we think with the now
acquisition of the TDRs to get us back to that one unit per acre, our
request is really for one-and-a-half-unit-per-acre bonus density;
whereas, under your standards, if we were Receiving Lands today,
we could get significantly more density than we're asking for.
We've agreed to not only pay our proportionate share toward a
traffic signal at Sabal Palm and Collier Boulevard, but we've agreed
to pay the public's prop share. The D.R. Horton project, Tamarindo,
has a commitment in its plan development that says they'll pay a
proportionate share as well. So between us and the Tamarindo/D.R.
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Horton developer, we would pay for the entirety of the signal at no
cost to Collier County. So we would take the lead in permitting it,
designing it, and installing it.
We're making available through Pulte's program $170,000 for
down payment assistance for the 85 income-restricted units. That's
$2,000 per unit. That number was less. It was based on the 63
previously, so that number has gone up to the $170,000 as part of our
request.
We've got strong community support, I think. Here's a list of
some of those. Some are in the audience today. I think they're here
because they recognize the benefit of having the for-sale affordable
housing and having other opportunities for people in the South
Naples area to have quality housing. And as Rich mentioned, not
only do we have the Physicians Regional hospital, you're getting a
new NCH medical college, and it's just a stone's throw from here. So
that's a significant thing. They're going to be employing doctors.
Students need housing. Young doctors and hopefully the residents
that will stay on and participate here locally in Collier County can
have a leg up and a place to live.
In our conclusions for planning, we have to go through Chapter
163 of the Florida Statutes. We have to provide appropriate data and
analysis. So Mr. Hall prepared a large environmental supplement
that your staff has analyzed and agrees with. Norm Trebilcock did a
transportation analysis that looks at the impacts on the roadway from
our request. We did the location analysis and urban services to
determine that there's no water/sewer drainage impacts to the
community, and that when we look at the public benefits, we're going
to be extending water and sewer to the site. No commitment and no
requirement from some of the neighbors to connect to it, but we think
that it's going to be a benefit to those who were concerned about the
wildfire and prescribed burns. And now there will be a source of
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water and sewer on our site to deal with that should there be an
emergency issue.
I mentioned the roadway enhancement for Sabal Palm Road, the
flowway, then more habitat creation. And one of the things that I
don't think gets enough credit from development is the water-quality
enhancements that occur, because right now there's an orange grove
on site. They put a lot of chemicals in the soil and on their trees, and
they are allowed to pump unregulated amounts of water off their site
to keep the feet dry for those plants. So there's a whole bunch of
water that gets pumped during the rainy season to the south, but what
happens now, as we develop it -- you saw the series of lakes on our
plan.
So we'll collect water in those lakes. Those are all piped
internally. They're all going to pass through the flowway, and that's
going to provide the water-quality treatment and enhancement before
it gets discharged off site where it should go at a lower discharge rate.
So we contain a lot of that water until it gets clean, and then we
discharge it from the site.
So we had support for our transmittal hearing for the
Comprehensive Plan amendment by your Environmental, Housing,
Transportation, and Planning staff. Again, we're truly accessible to
all the urban services in Collier County, and the State did not object
to our proposal.
So we think for those reasons that we have a quality project that
you should support and can support, and I think your staff will tell
you how we further some more goals and objectives of the Comp
Plan, especially those related to the environment.
So I'll be happy to answer any questions you may have, or I'm
happy to have Mr. Trebilcock come up and continue to talk about
some of the transportation enhancements.
CHAIRMAN KOWAL: Thank you. I don't see any questions
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from the Board at this moment, so continue your presentation, please.
MR. TREBILCOCK: Good afternoon, Board. My name is
Norman Trebilcock. I'm a professional engineer, certified planner,
and professional traffic operations engineer with over 36 years of
local experience, and so I was going to discuss -- we prepared the
Traffic Impact Statement for the project and worked with your staff.
A big part of this is -- Wayne had mentioned is Sabal Palm Road
and the extension of Sabal Palm Road. This provides an illustration
of that, of the conditions of where and how it will be extended. So
when the roadway is extended, where currently county maintenance
ends, it will be brought up to County standards in terms of the
roadway itself to include a sidewalk as well. It will get extended all
the way down through the project.
You-all have the detailed traffic study that we prepared. The
TIS, the Traffic Impact Statement, we prepared, as you know, the
data that we use is really County-provided data. It is peak-season
data that is provided. The date of the study is irrelevant in terms of
that portion of it because we're using the data. And then the data we
generate in terms of the trip generation is also based on peak hour as
well.
Your staff reviewed the petition for compliance with the TIS,
and they recommended approval of the project as well.
We have a trip cap that we're planning to have to -- that sort of
just governs the intensity of the type of use of the residences that we
have there as well.
As I mentioned, too, Sabal Palm Road will be improved by the
developer from its current ending all the way across the entire
eastern -- to the eastern frontage -- eastern property line of the
project, including the extension of the existing sidewalk that's out
there.
And as was mentioned, too, the project will take the lead on
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getting a signal installed there at the location of Sabal Palm and
Collier Boulevard and also would pick up the public fair-share
portion of the signal cost for the project as well, in addition to our fair
share. As Wayne said, there's another development that does have its
proportionate fair share already set up.
Those are really the key points in transportation. I'm available
to answer any questions, but I'll turn things over to JD to really talk
about the drainage, which is a key point of the project.
CHAIRMAN KOWAL: Commissioner Saunders has a
question.
COMMISSIONER SAUNDERS: Just a clarification. I think
you -- I think you said it, but that's not what I had understood from
the beginning. The improvements to the roadway will only be on the
property line of -- of the property owner's site. In other words, you're
not going to -- you're not going to be doing any improvements on
Sabal Palm beyond in front of the property; is that what I understood?
MR. TREBILCOCK: Beyond the -- no, no. We're -- exactly.
We're going to end at the eastern property line, yes, sir. Is that what
you're --
COMMISSIONER SAUNDERS: No. But I'm talking about
heading west from the property.
MR. TREBILCOCK: Correct. So actually to the west, we will
go to the point where the roadway is currently not improved, and
we're going to make those improvements to continue on -- into our
property.
COMMISSIONER SAUNDERS: How far is that?
MR. TREBILCOCK: I can get that number. It's --
COMMISSIONER SAUNDERS: Okay.
MR. TREBILCOCK: -- a good over -- I believe it's over a half a
mile. I think it's 1.4 miles to the property there. But there's a portion
that's already physically improved up to -- you know, past Verona
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Walk. Then it kind of stops, the improvements.
COMMISSIONER SAUNDERS: Yeah. Okay. I just didn't
understand where the improvements would be.
MR. TREBILCOCK: Yes, sir. Yeah, I can -- this picture here
maybe shows a little bit. This is kind of the -- really the beginning of
the end of the improvements. And then you can see physically here a
little further on where the road -- the asphalt gets really rough, and
then it becomes really just lime rock out there. And so it will be
improved all the way back. We'll extend -- we'll get this sidewalk to
continue on. And this is pretty much kind of the end of the improved
portion of, say, Verona Walk itself. And then we'll go on from there.
COMMISSIONER SAUNDERS: Thank you.
MR. TREBILCOCK: So there is a bit beyond there. So --
COMMISSIONER SAUNDERS: Thank you.
MR. TREBILCOCK: Yes, sir.
JD.
MR. DeFORGE: Afternoon. My name is JD DeForge with
Blueshore Engineering. I'm a licensed civil engineer with the State
of Florida.
Today I'm going to present to you the proposed improvements
for the project including upgrades to the Sabal Palm Road corridor
and a new modern surface water management system on site to
replace the citrus grove. These improvements are being implemented
to provide public benefits including more closely mimicking
historical drainage patterns in the Belle Meade drainage basin and an
increase in water quality.
I want to start with the Sabal Palm Road corridor itself.
Currently, it does not -- portions of the road do not meet the
minimum standard requirements found in the LDC. What we're
proposing is a comprehensive reconstruction of these portions
including not just repaving but widening and grading the travel lanes
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to match the County standard cross-section to ensure that the road
geometry is consistent and safe.
The improvements would start around Verona Walk, which is
right about here. They would extend to the beginning of the project,
which is here, and then ultimately they would end all the way at the
eastern end of the project here.
We are also -- we're also proposing 6,400 linear foot of 5-foot
sidewalk extension starting from the Verona Walk dead end all the
way to the east end of our project.
And lastly, we're extending municipal service for potable water
and sanitary waste water, which is approximately 6,800 linear feet,
starting right about here going all the way to our project.
Moving to the drainage. We need to talk about water quantity
and water quality. Historically, water flowed naturally north and
southerly before the construction of the Sabal Palm Road and then
subsequent developments after that.
Further, the -- I want to clarify the Hacienda water management
system and the Verona Walk system. Both of these have modern
surface water management systems that have been constructed,
certified, and are functioning properly as far as we know. There is a
perimeter berm that's constructed that divides the preserve area in
Verona Walk, and then there is one major outfall for Verona Walk
that's more than two miles from our site.
Hacienda Lakes, which is north of our site, also has a perimeter
berm that goes all the way around it. There's an outfall on the very
north side that's over two miles away from our site that discharges
into the Hacienda preserve.
Now, the Sabal Palm Road itself has four existing culverts that
are undersized and creating bottlenecks during larger rain events. So
what we're proposing to do is upgrading those from 24-inch pipes to
42-inch pipes. This effectively increases the cross-sectional area of
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those pipes by five and increases the hydraulic capacity underneath
the road by a factor of three. This would allow the stormwater to
pass under the road more efficiently and more closely mimics the
historic drainage basin, and it also makes the roadway more resilient
to larger rain events.
Moving to the site, there's currently a 30-foot drainage ditch
that's approximately four-foot deep that conveys stormwater that
passes under Sabal Palm Road. It's about -- right about here.
As part of the restoration of the historical drainage, we're going
to propose to make it a much larger flowway with a minimum width
of 100 foot, and we're going to excavate it to almost 20 feet.
This major hydraulic feature is just another part of the proposed
site improvements that's going to more closely mimic the historic
drainage.
Separate from the flowway is the onsite surface water
management. Here we're proposing to replace the citrus grove. And
currently the grove pumps approximately 22 cubic feet per second.
We're proposing to reduce that discharge by 74 percent, which is
going to significantly reduce the burden of its downstream neighbors.
And with regards to water quality, currently the citrus grove
provides very little water quality in the ditch network and ultimately
discharges into the Belle Meade drainage basin, which is
hydraulically connected to the upper Henderson Creek.
The Henderson Creek is impaired for nitrogen. So when
looking at the proposed stormwater lakes on site, I'm estimating that
the nutrient removal rate there would be approximately 45 percent
without including littoral credits. Instead, we're going to propose a
treatment train. Now, this treatment train is a series of treatment
tools that the stormwater must go through prior to discharging into
the flowway. The treatment train would include lakes without
littorals, stormwater harvesting, which is a way to storm -- store
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water on site where it gets used for irrigation instead of just
discharging it, and then ultimately dry retention where water is
retained on site, it percolates back into the ground, and it recharges
the lower Tamiami Trail aquifer.
With the treatment train, we're estimating that the nitrogen
reduction would be upwards of 95 percent, which is effectively
doubling the water quality performance when compared to using just
the stormwater lakes. And as a final polishing treatment, the
flowway with the consolidated littorals and preserve area will
increase the nutrient removal by nearly 100 percent.
So to summarize, the major engineering improvements that
we're proposing are we're going to standardize the Sabal Palm
roadway corridor, we're going to extend the sidewalk, we're going to
extend the sewer and water mains, we're going to more closely mimic
the historical drainage patterns with cross-drain improvements, we're
going to reduce the downstream discharge by 74 percent, and we're
now delivering 95 percent nitrogen removal through an advanced
treatment train.
If you guys have any questions, I'd be happy to answer them.
CHAIRMAN KOWAL: It doesn't appear that any members
have any questions at this time. Thank you.
MR. HALL: Good afternoon. For the record, Tim Hall with
Turrell, Hall & Associates. I'm a wildlife ecologist with Turrell, Hall
& Associates working on the environmental aspects of this project.
I'm going to start with -- you've heard a lot already about the
littoral areas and all. I'm going to go to the next slide and kind of
walk through the preserves first. I'm going to correct -- one thing that
Rich had said was that both of these areas are included in the existing
native habitat. And in actuality, this light green area that you see
here is the area on the site that meets the County's definition for
native habitat. It's not inundated by more than 50 -- or more than
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75 percent by exotic vegetation. The rest of these areas are very
heavily impacted by prominently Melaleuca and Brazilian pepper.
So as part of the project, these are all going to be cleaned up, but
when it comes to the preserve requirements, the Sending Lands
requirements are that a site coming in to propose anything has to
preserve 90 percent of its existing native habitat.
So the property, as it is right now, has about three acres of
existing native habitat. Ninety percent of that would be 2.7 acres. So
that's the preserve requirement for a Sending Land property under the
code.
The property, as you can see, is proposing to preserve about
10.4 acres. So much more than is actually required by the -- by the
code. And part of that rolls into the littoral areas. As everybody had,
you know, talked about earlier, the request to move the littoral
plantings from the individual lakes to this kind of consolidated area
within the flowway, and it includes the 2.58 acres that's existing
there, which will be the Melaleuca, Brazilian pepper. Everything will
be removed. That will be restored as a marsh habitat suitable for
wading bird forging, as well as the water quality of polishing as the
water flows through that area before it exits into the Hacienda
preserve to the south.
And then around that kind of core area, there will be additional
plantings, and so that area is what meets the six acres that are
required for the littoral plantings.
The current code, again, reads 30 percent of the water
management lake area. The water management lakes on this site
equate to about 20 acres, so there's a 6-acre littoral requirement. And
between what's being added and restored, that's -- it comes to about
6.3 acres. So we're slightly over that 20 percent [sic]. The difference
is just that it's all consolidated in that one area where we believe it
will do the most good. So preserves, littorals.
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Another thing that was brought up in this area was fire. The
flowway and the buffer preserve that's being left, or the buffer around
the property -- there's a 30-foot buffer around the property. That is
also being left, will act as a protective firebreak within the
development in addition to any firebreaks that Forestry or the
Hacienda folks put if they do decide to do a prescribed burn.
The west side and south side of the property, those preserves are
part of the Hacienda Lakes area. The east side of the property there
is where Picayune Strand State Forest comes in. So any prescribed
burning in that area will be done by the Department of Forestry.
Hacienda could get Department of Forestry to assist or to conduct
burns in here. They could outsource it. But regardless, they will
have to put in firebreaks and all associated with that work if and
when they decide to do it.
Part of the requirements -- or part of the package that goes to
any resident that purchases in this is information related to the fact
they are adjacent to preserves, that prescribed burns are a possibility
that could happen in the future, and also being able to have those
protective measures in place to prevent fires -- to reduce the risk of
fires from jumping over into the community.
Another thing that hasn't really been mentioned is that along
with the roadway, they're extending utilities down this site which
means that water will be available along that property. So fires near
the road and adjacent to houses along that roadway will now have
access to a more reliable water source in terms of assisting to help
with -- with any firefighting that needs to be done in proximity to the
roadways.
And then wildlife issues have been a big concern with a lot of
people on the project, including the wildlife agencies. The project
has been reviewed by the Fish and Wildlife Conservation
Commission. Their issues revolved mostly around bears, the
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potential interactions between bears coming into the community, and
wading birds. They're not big fans of wading birds using farm field
ditches for foraging, but they understand that that does occur.
So the flowway and the littoral areas within that are a way of
replacing some of foraging habitat that's currently there in the
ditches, and it's also in a habitat position that's better suited to the
safe foraging for the birds than the ditches are now.
The perimeter buffer area includes a barrier. Whether it will be
a fence or a wall I don't think has been decided yet. But per the
recommendations of FWC, they wanted to see a 10-foot barrier
included within that 30-foot buffer around the property. The
flowway itself acts as a barrier on the western side of the property.
So that wall or fence would run kind of along this third or this half of
the property to prevent any adverse interactions between them.
A couple of other species of concern on this site are bonneted
bats and Florida panthers. Both of them are documented within the
area. The habitat associated with the orange grove is not considered
high-quality habitat for either one of those species. You don't get
bonneted bats roosting within the orange groves or -- the Melaleuca
is generally not big enough to support really viable roosts.
So the intent would be -- and the requirements under the Fish
and Wildlife Services reviews, we're anticipating a biological opinion
will include offsite mitigation for those species. Generally for bats,
it's contributing to a fund that will happen to increase either research
activities or habitat restoration in areas that are more appropriate for
the bats.
With respect to the panthers, the -- they're going to be required
to purchase what are called PHUs, panther habitat units, and that's a
mitigation commodity, if you will, where properties within higher
quality panther areas either preserve or restore habitat in, and then
they're allowed to sell the lift that is generated from that enhancement
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to properties that are impacting habitat in other areas.
So the overall impact of the project with the mitigation that's
purchased in other more dense panther habitat areas is that for the
species, there's an overall benefit. Even though we know that putting
a project anywhere is going to impact species locally, the intent with
respect to the wildlife agencies is to make sure that overall,
throughout the state, you know, regionally or locally, that the species
benefit, and that's what the mitigation program for those specific
species is set up to do. And this project is adhering and complying
with all of those requirements.
MR. YOVANOVICH: So just to summarize, we went through a
state review of our Growth Management Plan amendment which
included the Department of Environmental Protection and Florida
Fish and Wildlife Conservation Commission, historical resources,
transportation, and the Department of Commerce. There have been
no objections to our Comprehensive Plan amendment.
Initially, we were asking for 450 dwelling units. Staff wanted us
to be consistent with the 2.5 units per acre adjacent to us in the urban
area, so that was reduced to 423 dwelling units.
We increased the affordable housing units from 63 to 85, and
then half of those units will be 120 percent or below income
category, and half of those units will meet 100 percent and below
median income.
We've committed to acquiring 135 TDRs. We'll acquire those as
we plat the stand-alone single-family-home portion of the project.
We are doing the Sabal Palm Road improvements. We're doing
flowway restoration and enhancement. We are providing more
preserve areas by -- through -- and retaining what technically
qualifies as native vegetation but also enhancing areas of existing
vegetation to bring them up to the County preserve standards. We're
meeting the urban area requirement for open space.
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We are committed to installing -- assuming the County will let
us install the traffic signal, we would install that traffic signal before
any COs. We would not only pay our fair share, but we would pay
the general public's share of that design, permitting, and construction
cost. And we are providing down payment assistance as part of our
commitment to income-restricted housing.
Overall, we think this is the right location for this type of
project. It's not an overly -- it's not a dense project by any means. It
is providing environmental enhancements consistent with the goals
and objectives of the Collier County Growth Management Plan. It's
purchasing TDRs, which is also consistent with the Rural Fringe
Mixed-Use District goals and objectives. It is providing affordable
housing, also consistent with the County's Growth Management Plan.
Staff is recommending approval.
And with that, that concludes our presentation, and we're
available to answer any questions you may have regarding our
project.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Just -- when you were
whipping through your site plan, if you would go back to the -- and
talk to me a little bit about the improvements on Sabal Palm, the
drainage aspects.
MR. YOVANOVICH: Sure.
COMMISSIONER McDANIEL: I mean, this is a fairly
substantive ditch, for lack of a better term. I'm sure it's got a fancier
name than a ditch. But this is a -- are you going to continue that on
down to the -- and enhance that for the flowway enhancements that
you're doing to Sabal Palm?
MR. YOVANOVICH: Yes. Yes, sir. Basically what you see,
where the arrow is, is the quality of the water management system for
the County-maintained portion of the property. As you go further
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east, you know it's stopping.
COMMISSIONER McDANIEL: And you're going to continue
that on to --
MR. YOVANOVICH: We're going to continue that same
process.
COMMISSIONER McDANIEL: To the east boundary of your
property?
MR. YOVANOVICH: Correct.
CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a little bit of clarification
so I understand how we got to the numbers. If this was designated as
a Receiving area from the very beginning, what would that have
entitled your client to, just the Receiving area aspect?
MR. YOVANOVICH: We would -- we would have gotten one
unit per five acres, which I think is 34 units.
COMMISSIONER SAUNDERS: And then --
MR. YOVANOVICH: And then we could have asked for
affordable housing at that point without providing any TDRs. We
could have come in, and we could have asked for up to 12.2 units per
acre on the project through the affordable housing density bonus
program. By creating our subdistrict -- and by the way, your current
Comprehensive Plan would prohibit us from providing TDRs along
with that affordable housing under the current Receiving Lands
designation.
By creating our subdistrict, we're getting the same density of one
unit per five acres. We're buying the TDRs that you would do in the
Receiving Lands to get to one unit per acre, and we're doing
affordable housing. If we stayed Receiving Lands, or were Receiving
Lands, there would be no TDRs purchased.
COMMISSIONER SAUNDERS: So the TDRs, you're
purchasing 135 TDRs?
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MR. YOVANOVICH: Hundred and thirty-five.
COMMISSIONER SAUNDERS: How did you come up with
that number?
MR. YOVANOVICH: To get to one unit per acre, which is
169 acres, we're buying 135. If we were Receiving Lands, we
wouldn't be buying any of those TDRs, and we would just be simply
providing --
COMMISSIONER SAUNDERS: All right. So the -- all right.
That gets you -- the 135 plus the 34 gets you the one unit per acre --
MR. YOVANOVICH: Correct.
COMMISSIONER SAUNDERS: -- with the TDRs. And then
to get to the two-and-a-half units per acre.
MR. YOVANOVICH: We're providing 20 percent affordable
housing, which under the Land Development Code would give us
5 percent -- five units per acre. So we could technically get to six
units an acre if we used your Comprehensive Plan. We're asking for
two-and-a-half units per acre to move forward with this -- with this
proposed project.
COMMISSIONER SAUNDERS: Twenty percent affordable
housing, is that a magic number? How did you get to 20 percent? Is
that what is required --
MR. YOVANOVICH: Well, initially -- initially we were at
15 percent, because that would get us to the two-and-a-half units per
acre, originally. So 15 percent under your matrix would get us
two-and-a-half units per acre, but now that we've acquired the TDRs,
we're not asking for two-and-a-half unit-per-acre bonus. We're only
asking for one-and-a-half unit-per-acre bonus.
COMMISSIONER SAUNDERS: Thank you. I just wanted
to --
MR. YOVANOVICH: So that's how the math came about.
CHAIRMAN KOWAL: Commissioner LoCastro.
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COMMISSIONER LoCASTRO: Thank you, Chairman.
Can you go to Slide 4, please? It was sort of the overview map.
It's a good one to ask a few questions. So right now there's two
culverts on Sabal Palm Road; is that correct? You've got two
culverts.
MR. YOVANOVICH: There's three.
COMMISSIONER LoCASTRO: There's three. And they're
24 inches each?
MR. YOVANOVICH: I'm going to bring JD up.
COMMISSIONER LoCASTRO: Okay. Yeah. Let's do a
deeper dive into the culverts because, I mean, you know, I've got a
similar issue on Isles of Capri, and they're very beneficial. So once
we install the culverts there, it makes a huge difference.
So there's three right now from Collier Boulevard all the way
down to the start of this property; is that correct?
MR. DeFORGE: No. There's --
COMMISSIONER LoCASTRO: Okay.
MR. DeFORGE: Let me go back to the --
COMMISSIONER LoCASTRO: Okay. Or, yeah, find the slide
that -- the best is for you.
MR. DeFORGE: So Sabal Palm Road -- Sabal Palm Road, the
flows are separated east to west where these two yellow arrows are.
COMMISSIONER LoCASTRO: Okay.
MR. DeFORGE: So the flow from this point west is all through
ditches, and then it goes out to the county canals system.
COMMISSIONER LoCASTRO: Okay.
MR. DeFORGE: And then the flow east is directed to those
three culverts that we discussed, and then there's also an existing
culvert in front of our project, and then there's an existing culvert east
of our project.
COMMISSIONER LoCASTRO: So you're going to take the
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existing culverts and -- which are 24 inches and replace them with
42-inch culverts. There will be new culverts, not sort of rebuilt or
what have you? Give me a little bit of a deeper dive of what you're
doing -- what you would be doing if we approved this with the
culverts.
MR. DeFORGE: We would take out the 24-inch culverts that
are existing today and then replace them with 42-inch culverts.
We're also adding a fourth that's also 42 inches.
COMMISSIONER LoCASTRO: That's 42 inches, yeah.
MR. DeFORGE: Yes.
COMMISSIONER LoCASTRO: Okay. Okay. Got it.
MR. DeFORGE: And then I'll keep going. So this culvert here
on the blue side, that is an existing culvert. That's 54 inches that
currently exists, and this one that is going into the site is -- I believe
it's 36 inches, and then we're actually going to increase that one as
well.
COMMISSIONER LoCASTRO: Okay. The 52-inch culvert
that currently exists, it is operable? It's in good repair, or you're
going to rebuild that one or replace it?
MR. DeFORGE: We're not going to rebuild that one. That one
exists -- it was constructed to create a hydraulic connection between
the north and south Hacienda preserve areas.
COMMISSIONER LoCASTRO: Okay. And you're putting one
just -- just east of it, right? You'd be adding one.
MR. DeFORGE: There's an existing one just east of it now.
COMMISSIONER LoCASTRO: And you're making it bigger?
MR. DeFORGE: We're making it bigger.
COMMISSIONER LoCASTRO: Or you would make it if we
approved it.
MR. DeFORGE: Yes, we'd be proposing to make it larger.
COMMISSIONER LoCASTRO: Okay. That's all I have for
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now. A lot more questions, but not right now.
CHAIRMAN KOWAL: Okay. I guess typically we hear from
staff now or --
MR. YOVANOVICH: Yeah. If you're done with us, that's
our -- that's our presentation.
CHAIRMAN KOWAL: I have no more questions from the
Board right now for you as the petitioner.
MS. PATTERSON: Mr. Bosi is on his way up.
CHAIRMAN KOWAL: Okay.
MS. PATTERSON: And then maybe before we start the public
comment, we could take a court reporter break.
CHAIRMAN KOWAL: Yes, that's what I was thinking.
MR. MILLER: Mr. Chair, just a heads-up. We have 75
registered speakers. That number's a little fluctuating because of
people dropping off and joining on Zoom. And 24 people have ceded
time to Brad Cornell. He's not first in line. Would you like me to
make him first when we start?
CHAIRMAN KOWAL: Yeah, that would be fine.
MR. MILLER: Thank you, sir.
CHAIRMAN KOWAL: If that's okay with the people.
MR. MILLER: There's only, like --
CHAIRMAN KOWAL: I don't know if he'll take all 24 minutes
[sic].
MR. MILLER: There's only, like, seven people registered in
front of him, sir, so...
CHAIRMAN KOWAL: Okay. All right. We'll do that.
MR. BOSI: Good afternoon, Commissioners. Mike Bosi,
Planning and Zoning director, here to present staff report on the
proposal.
It was reviewed by Housing, by Transportation, Stormwater,
Environmental, Engineering, Planning, Emergency Management.
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Staff is recommending approval of the overall project.
And as the applicant has indicated, this project has changed in a
lot of ways from when it was originally submitted towards where
we're at now, and I think it was changed a lot of -- to the betterment
for the public benefit of the county as a whole. And I'll get into some
of those, and I think you're -- the applicant has addressed a number of
those, but I think we really need to show how they do advance the
overall goals of the Growth Management Plan.
I'll start off with the Planning Commission review. The
Planning Commission review originally at transmittal back in April
was a 4-1 transmittal to the State for their review. At the adoption
hearing, there was only four Planning Commission members that
were present. It was two in favor -- recommendation in favor of the
proposal and two against the proposal. So there was really no
recommendation that came from the Planning Commission.
Staff looks at this proposal, looks at this orange grove, this
169 acres, and the time that it's been under agricultural production.
We know that that has provided a lot of opportunities for the buildup
of sediment, for the buildup of pesticides, of herbicides and various
things like that. So we know that there's some contamination that's
going to need to be remediated by the proposal. If this was approved,
the applicant would be required to remediate this until -- before it
could move forward for residential development.
But we do recognize 2.5 units per acre is an anomaly within the
Sending Area. The Sending Area is an area that's not conservation.
It is an area, though, that has been deemed environmentally sensitive.
And because of that, there is a much -- a higher density
allocation -- or a much lower density allocation, I should say, of one
unit per 40 acres.
The 2.5 units per acre is what staff had recommended from a
density perspective because that's what is currently available .4 miles
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to the west of this proposal when you get to the -- in the urbanized
area.
A number of things that we have recognized in terms of what
arrived upon our recommendation of approval. In 2023, through an
ordinance, this Board of County Commissioners adopted an addition
to the Rural Fringe Mixed-Use District to this -- to this specific area
of this Sending area, and it's the North Belle Meade Hydrological
Enhancement Area, and that North Belle Meade Hydrological
Enhancement Area is basically to restore the natural flow and
flowways and rebalance freshwater flows into the two natural
systems, Naples Bay and Rookery Bay, that have been impacted by
development.
And the culverts that were specifically addressed underneath
Sabal Palm and how they are going to promote the water flow and
how they're going to provide for a better interplay between the
northern properties north of Sabal Palm to the southern properties and
then the treatment system that's provided for within the -- within the
individual development through the lake system and through
ultimately that spreader swale that will be distributed to the south of
the property providing water-quality treatment, we think that is a
benefit that enhances the specific goal of the Sending area,
specifically the North Belle Meade Overlay -- or Flowway Overlay,
specifically trying to provide for better water quality and rehydration
of the natural lands that sit to the south of the project.
Secondly, we think it certainly advances the Sending Land
designation with the consumption of 135 TDRs. One of the issues
that we have had over the Rural Fringe Mixed-Use District history,
which dates back to 2003, is there hasn't been enough demand for the
credits that are utilized by the individuals who have Sending Land
that have had their rights restricted. They create TDRs, they lift those
TDRs, and they direct them to the Receiving area. There hasn't been
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enough consumption of those to make a lot of property owners
whole.
An additional 135 TDRs being demanded of this project for it to
move forward will help facilitate further participation within the
program, so we know that that program is being advanced by the
specific allocation and the consumption of the 135 TDRs.
And I will note that it is unique, because they are creating their
own individual subdistrict, they can utilize TDRs. The applicant is
correct, currently the Receiving area within the Rural Fringe
Mixed-Use District does not allow -- it specifically prohibits the
utilization of TDRs if you're providing for affordable housing. But
because this is its own individual subdistrict, they are able to promote
and provide for the 135 TDRs to be consumed. And we definitely
recognize that as advancing the goal of the overall TDR program
providing for more consumption of credits.
And then the third aspect that we see very valued in terms of
public benefit is the increase of 25 -- or 15 percent of the
homeownership of affordable units to 20 percent of homeownership.
We still recognize -- staff recognizes the great work that this Board of
County Commissioners has done over the last three to four years of
close to 5,000 additional affordable housing units. But that study that
we reference back in 2017 where the Urban Land Institute came in,
they also recommended or they recognized that every year we would
need to provide for at least a thousand units of affordable housing to
be able just to maintain the status quo.
And secondary, the number back then was 57,000 people come
into our county to fill the economic needs, to fill the jobs of our
county. Talk about transportation issues, that is something that is
real, and it's something that happens on a daily basis. Well, that
number has grown to over 60,000. So the need for affordable
housing hasn't abated. It is still here, and we feel that it is one of the
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number-one needed commodities within the county. So we most
certainly value that, and we value that -- the public contribution that's
associated with that.
Another aspect that they're providing for, and it's unique to
Pulte, is their down payment assistance. I think they've increased it
to $170,000, $2,000 per unit, for down payment assistance to help
with some of their essential service personnel that we would like to
attract to the -- to the area. And as we -- they've documented, the
number of employment opportunities within a 10-mile -- a 10-mile
radius of this area are very significant, not only capturing Marco
Island, but a good majority of the urbanized area within Collier
County.
We do recognize that there are listed species that have been
identified on the property. They will have to mitigate for those. One
of the things that's unique about the County, we control the local
issues, but when it comes to protected species, endangered species,
we defer to the State and the Feds, and the State and the Feds dictate
how you can impact those individual species if you find that you
have -- whether it be a bonneted bat or whether it be the
Red-cockaded woodpecker or whether it be -- whether it be the
Florida panther.
Those mitigation efforts will have to be arrived -- or provided
for by the U.S. Fish and Wildlife, and it will be something that the
applicant will have to provide for. But those are issues that are
separate from the County. This is separate from the County. We
defer to the State for the guidance on that.
Another thing I did want to note, they have asked for four
individual deviations, one related to the littoral plantings, which I
think Mr. Hall did a good job of explaining. Also, the preservation,
the separation of preservation because of the two locations that they
have -- that were deemed appropriate in terms of high quality.
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And then sidewalks on one side of the street for Sabal Palm. I
think you've recognized that you wouldn't need a sidewalk on the
north side. They're only proposing a sidewalk on the south side of
Sabal Palm for -- as they extend that all the way to the eastern edge
of their property.
And then, finally, the local street. It's a pretty customary
reduction for private streets from 60 feet to 50 feet. It's something
that is being provided for and being supported. All those deviations,
as it's being proposed, have been recommended for approval by staff.
And I just reviewed my notes. I think that's basically the high
points, and I would make myself -- obviously, Ms. Cook, Mr. Giblin,
in terms of from Housing, all staff would be available here to address
any questions that you have, whether it be planning related,
environmental related, housing. Whatever the Board may inquire
about we'll try to address.
CHAIRMAN KOWAL: Okay. I see Commissioner Saunders.
COMMISSIONER SAUNDERS: On the TDRs, there's some, I
guess, confusion or conflict in our ordinances dealing with the TDR
issue. This question, I'm sure, is not addressed by the -- by the
ordinances. But there's 135 TDRs that are purchased. That gets you
to the one unit per acre. The question is should there be a
requirement to purchase TDRs for all of the units that are going on
this property other than the 34? If we were to approve 423 units,
should all of those units above the 34 require a TDR?
MR. BOSI: Not if we are following the course of how this
would be arranged for if it was within the Receiving area. Within the
Receiving area, you take the -- you take the total acreage that you
have, divide that by five. That gives you 34 units, 34 and a half.
That's why -- that's why they can self-create 35 units that are allowed.
COMMISSIONER SAUNDERS: Understood. But we're
creating a new subdistrict.
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MR. BOSI: Correct.
COMMISSIONER SAUNDERS: And we're interpreting the
way this TDR program would work a little differently than perhaps
has been in the past. That's why I'm just asking the question. If we
create the subdistrict, should we require the purchase of all the units
to be from TDR -- from TDRs?
MR. BOSI: Well, I think it's --
COMMISSIONER SAUNDERS: And if not, why not? I'm just
curious as to would that be a decent policy.
MR. BOSI: The reason why we do not require TDRs in the
Receiving area, because it's affordable housing, and the TDRs are
roughly 15- to $20,000 per acre -- or per unit. At 135, you're talking
potentially three -- over $3 million worth of a contribution that is
being allocated for the consumption of TDRs, and that's a significant
financial burden.
So based upon that, the way that we provide for affordable
housing, we normally don't have to intermix it. Their able to offer
the TDRs, I think, is a benefit, and I think it's something that more
than -- than just -- or it compensates the expense that they're paying
for the other 135 for the TDRs. I think that's a significant
contribution.
COMMISSIONER SAUNDERS: All right. Thank you.
CHAIRMAN KOWAL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
I might have more questions for you, Mr. Bosi, after we hear
from the public comment, so I'm just going to ask you the key ones
that I have right now. In all the emails we got, pro and con, but
mostly folks that were con, they classified the area that surrounds this
orange grove parcel, everything from -- they call it wetlands, they
called it environmentally sensitive, conservation land, preserve, even
a lot of people called it the Everglades. How would you classify the
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vegetation around this parcel? Is it preserve? Is it the Everglades? Is
it conservation land? Is it -- what would you -- how would classify
it?
MR. BOSI: On the visualizer -- or not visualizer, but on the TV
screens I put a Future Land Use Map of the local area. And as you
can see, this entire area, the -- that's the location of the orange grove.
Surrounding this entire area it's designated agricultural and Rural
Fringe Sending, Rural Fringe Sending. That's not conservation.
Rural Fringe Sending, I will -- it is an environmentally sensitive
designation, but it is not conservation. Residential development is an
appropriate and allowed use within the -- within the Rural Fringe
Sending area designation.
And in fact, if you look, Hacienda Lakes over to -- just to the
north and to the west, they encroach upon the Sending area. They
have encroached upon the Sending area. In 2011, when they were
proposing Hacienda Lakes, their environmental specialist,
environmental report for the entire Hacienda Lakes, the
2,600-and-some acres, they said, this area over here is not quite as
environmentally sensitive as other areas within our project.
So we allowed for residential development to encroach upon the
Sending area that we found didn't meet the environmental -- didn't
have quite the environmental quality as some of the properties that
were closer to the urbanized area. So we have done that before where
we have made a slight evaluation where we said, "Well, this is a large
Sending area." Not all of the acreage within that large Sending area
maybe meets the best environmental quality. So we've made swaps.
We've had some -- we've had some arrangements towards where
we've said, "Okay. You can impact this Sending area if you're going
to provide for preservation of these other areas that have maybe more
environmental attributes than what -- what you're going to be
impacting."
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COMMISSIONER LoCASTRO: So when Hacienda Lakes got
that approval, they got it with our blessing because, as you just
said -- and I don't want to put words in your mouth, but I'm
summarizing what you just said -- the encroachment wasn't of a
significant concern for that type of development.
And then as I look at this map, and I'm just spitballing here,
would you classify -- it looks like, you know, we've got a lot -- a lot
of concern from people that live in Verona Walk, but it looks like a
big chunk of Verona Walk, which is a large community, that -- does
that infringe on the Sending area at all, or --
MR. BOSI: It doesn't infringe, but it butts right back up, as you
can see.
COMMISSIONER LoCASTRO: It butts right up against it.
MR. BOSI: It butts right back up to the Sending designation.
COMMISSIONER LoCASTRO: Similar to how this -- this
project would -- if approved would do, right -- similar?
MR. BOSI: Well, it --
COMMISSIONER LoCASTRO: Or no? Let the staff answer.
Go ahead.
MR. BOSI: The uniqueness of that would be the -- that is
butting up towards it. The orange grove is in the middle of it. The
Hacienda property is bordered by three -- by three sides of it.
COMMISSIONER LoCASTRO: Okay. Yeah.
MR. BOSI: And where we're at from a staff's perspective, we
really felt that because it was 1.4 -- or .4 miles from the urban
designation of where residential development is allowed at 2.5 units
an acre, that -- that recognition that just less than half a mile to the
east with these public benefits that are being provided for, the
cost-benefit analysis that we arrived upon upon -- within our
recommendation, as you can see, was one of approval where we felt
that the benefits outweighed the cost.
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COMMISSIONER LoCASTRO: Okay. One of the emails that
we got and that I -- you know, I shared with you in our discussion,
people were concerned about sprawl and protected species. And
we'll skip over that. But the things that you heard from the applicant
about improvements to flooding, and then especially fire -- there's a
lot of concern of fire -- bringing water out there to be able to fight,
you know, possible fires down the road, did you incur with -- with
what you heard from the applicant's side? You know, I'll just kind of
keep it simple without you having to regurgitate it all. But I wanted
to see if you had anything to add or to debunk when it comes to
improvements in flooding, what the culverts would do, the
improvements to the road, fire suppression. Anything that you want
to add to that -- or subtract?
MR. BOSI: No, I don't disagree with Mr. Hall's statement of
bringing the centralized potable water to this location provides for a
more reliable source to be able to tie into.
And another aspect is it is contained within the proposed PUD
that they're required to have a wildfire prevention and mitigation plan
at the time of SDP, and it has to be shared with the individuals who
are going to be occupying. If this community is approved, the
individuals will have to be made aware that this is a wildfire area,
that they're going to have some occasional opportunities -- or not
opportunities.
We'll have some within the proximity, because another aspect is
that the individual development in what is part of the Planning
Commission is -- this is what the Planning Commission was able
to -- another benefit that was provided for, there's a 30-foot buffer
from outside of the wall that they are requiring to provide for a
transition from the natural lands to the -- to the residential
development that's being proposed to provide more of a transition.
Maybe not for individuals to the west -- or to the east but individuals
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that would -- or wildlife would be able to understand that not only is
there a 30-foot abbreviation of what they're -- of the natural habitat,
but then there's a 10-foot wall that's also going to provide protection
to the residential development.
COMMISSIONER LoCASTRO: Okay. I know that one of the
comments here was we want to hear from the citizens after the break.
I'll just propose -- I wanted to talk to Cormac Giblin, and I wanted to
talk to Jaime Cook just briefly, and I think it's important to keep the
staff's comments all bunched together so that the citizens can hear
from the remainder of staff. I just have a quick question for Cormac.
And I don't know if I see Jaime Cook because she's --
CHAIRMAN KOWAL: She's hiding behind -- she's over there.
COMMISSIONER LoCASTRO: There she is. Okay. She's our
Conservation Collier person.
So, Jaime, I'll just ask you, I know that we haven't gone through
the steps to grade this parcel for Conservation Collier. We got quite a
few emails where folks that maybe don't know as much about
Conservation Collier as you do, which is everybody because you run
the program, but -- and we just talked to Conservation Collier on,
what, seven or eight parcels just a couple of hours ago when this
room was empty.
Looking at this here, to really separate rumor from fact, what
would -- what -- what would be or wouldn't be the possibility of all of
a sudden Conservation Collier -- this qualifying for Conservation
Collier?
And then I'll answer part of the question. The owner still has to
agree -- even if this was -- if this was an A -- a Class A parcel, the
owner, we can't make them sell it to Conservation Collier. But I'll
back up first. Knowing what you know about what it takes to
qualify, where do you think this parcel would fall in Conservation
Collier eligibility?
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MS. COOK: Jaime Cook, director of Development Review and
Environmental Services for Collier County.
So this property, if the owners were to apply -- because I will
put on the record that the Conservation Collier is a willing-seller
program. I cannot force somebody to sell me their property or give
me their property.
If they were to apply to the program, the staff would do an
internal review of the property and look at things like the vegetation
on the property, the utilization by listed species, the soil types, the
potential for public access, whether it's in a target area that Collier
County would be looking to acquire property.
We do not look to acquire property in areas where state or
federal agencies are also acquiring property. If we were to say that
the program met the criteria of the program, it would go forward to
the Land Acquisition Committee for a recommendation. We would
bring it to you. If the Board wanted us to move forward with
appraisals and negotiations with the property owner, we would do so.
The -- once we had the appraisals, my guess, based on what I
know about this property, it would require two appraisals. And the
ordinance does require that we offer the lower of the appraised values
at this time.
If the owner were to accept, we would bring it to you guys for
final approval. If they did not accept, then it would not move
forward; the program would not acquire it.
Additionally, the program does require that if there is any
mitigation that would be needed -- and as this has been a farm field
operation for decades, I would expect that soil and potentially
groundwater mitigation would be required -- the owner would have to
do that prior to closing.
COMMISSIONER LoCASTRO: All right. Okay. Thank you.
And then, Mr. Giblin, you're our expert on housing, everything
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housing. From what you've heard going from the 63 to 85
income-restricted for-sale townhouses, which, I mean, that's a
pretty -- that's pretty unique. We haven't had many of those type of
things, if any, come before us.
Just give us, you know, your assessment from a housing
perspective with everything you've heard, the $170,000 down
payment. I never heard of that before. And I'm not saying these
things cause us -- you know, some of the emails we got from people
where, "Oh, well, those are red herrings that cause you to approve a
horrible project because they're dangling these things in front of you."
Well, you know, paying for millions of dollars’ worth of
culverts, stoplights, housing down payments, it's all part of the
puzzle. I would think it wouldn't get my -- I wouldn't vote for a
horrible project just because those things were there, but a project
that has potential, then in addition to all those things, that's where I
want your feedback as to what you heard here.
Very unique proposal. With what you know about housing and
the requirements for our community, do you look at this as something
that, wow, this is -- this is -- is a shining diamond, or, you know,
"Hey, they haven't gone far enough"? Educate us all here with the
knowledge you have as our housing expert.
MR. GIBLIN: Sure. For the record, Cormac Giblin, your
director of Housing Policy and Economic Development.
As I've mentioned many times at this podium, Collier County
has housing needs across the entire income spectrum, all the way
from homelessness up to first-time homebuyers, just graduated from
college or two teachers living together married.
This project is unique or is hitting one of those targets that we
seldom see a developer come in ready to assist the County in
meeting.
Mr. Bosi's correct, in the past several years, this Board has done
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an outstanding job in approving affordable new developments to be
built. The majority of those have been on the rental side. It's very
few and far between where we see an opportunity for homeownership
especially at some affordable levels within this community.
It's -- the further commitment by the applicant today to go down
to the 100 percent of median income level means that a family of four
would need to earn less than $113,600 to be able to buy one of these
new affordable townhomes. Again, that's a sheriff deputy married to
a teacher, that combined income of less than 113-, $114,000.
Those opportunities we do not see in the open -- in the free
market here in Collier County. So it takes these unique land
strategies and incentives by the County to be able to provide those.
In terms of what it means to the continued economic development of
the region, the Physicians Regionals, the Sheriff's Department, even
the County ourselves looking for long-term stable county residents,
employees to move here, I think it is a -- it is an opportunity that
doesn't come that often here to us.
COMMISSIONER LoCASTRO: And then lastly, when you
read it in the news, and we've read it a lot -- we even heard from
maybe even some citizens in this audience, but certainly from a large
majority that says, "There's not a housing shortage. In fact, there's an
overabundance. You can find houses and rental apartments
anywhere. They're a dime a dozen. They're everywhere. You guys
are overbuilding Collier County." What would be your response to
that?
MR. GIBLIN: Well, we do a -- we do a biannual housing
survey of every single apartment complex in the county. That survey
is done in the summer and winter. And coincidentally, we just
finished the one for the winter last week. We surveyed 18,444
apartments in Collier County. Those are market rate. They're
affordable. They're -- it's subsidized. It's every single apartment that
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is for rent in Collier County.
Right now we are seeing only a 7 percent vacancy across the
board. In those apartments that are less than $1,500 a month or less,
there are only 34 available. Those that are less than $2,000 a month
or less has a vacancy rate of 3.8 percent, which is basically -- if you
have less than a 5 percent vacancy, it's basic -- it's no more time than
it takes to move someone out, paint, put new carpet in, and refresh
the unit for the next person.
So it remains a very tight rental market, especially at the
lower-than-$2000 of rent -- a month rent, and the
lower-than-$1,500-a-month rent are very tough to come by.
COMMISSIONER LoCASTRO: And that big number you just
mentioned in the report, that includes old construction, new
construction.
MR. GIBLIN: Correct.
COMMISSIONER LoCASTRO: It runs the gamut. On
anything that was constructed, say, in the last year or two, which
tends to attract a lot of people, they want to move into something new
or nicer and whatnot, is it a correct statement that, say, when we've
cut the ribbon on some of the places like Ekos and, you know, and
the like, that their waitlists were in the hundreds almost
instantaneously. Is that a -- is that a very true statement?
MR. GIBLIN: That is a very true statement. We hear that from
all of our development partners that anything that is less than -- let's
just use the $2,000-a-month level, goes very quickly, and their
waiting lists come up -- fill up very fast.
Of the 18,444, those ranged up to over $4,000 a month for some
of them, and most of those newer ones with the highly amenitized
market rate, that's what we're seeing the market eat up.
COMMISSIONER LoCASTRO: Okay. Thank you, sir.
CHAIRMAN KOWAL: Anything else?
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COMMISSIONER LoCASTRO: Not right now.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Mr. Bosi, when I'm looking at
this map right here, there's a piece of property on the north and a little
bit east of this site that is designated as RS -- RFS. What's that stand
for?
MR. BOSI: Rural Fringe Sending.
COMMISSIONER McDANIEL: Rural Fringe Sending.
Okay. Is there any other property -- because Sabal Palm doesn't
end at this orange grove. It goes -- necessarily, if I'm not mistaken, it
goes all the way out to an access point for public access at Picayune
State Forest.
MR. BOSI: That I'm not sure, but looking at it, it does look that
way.
COMMISSIONER McDANIEL: I am sure that it does.
COMMISSIONER LoCASTRO: It's not a great road, but it's --
CHAIRMAN KOWAL: He's a hunter.
COMMISSIONER McDANIEL: It's not a great road. I actually
picked up a city councilman from New Jersey that was walking south
on Miller Boulevard when I was doing the Wounded Warrior turkey
hunt guide several years ago. That guy was heading down into the
bad luck where we all used to trespass, so...
I just -- my concern is is creep. We snatch utilities out to this
site. Then what happens at the old mining site that's up on the north
end? Each one of these properties that are out here in the Rural
Fringe Sending district would have to come back through either a
removal, as is being done right now out of the -- out of the RF -- the
Rural Fringe Mixed-Use District and create a subdistrict and go
through an entire approval process.
MR. BOSI: The barrier to that would be the requirement for
another Growth Management Plan amendment, and I think, as you've
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heard today, the amount of public benefit that would have to be
conveyed for a project to be able to reach the -- a level where it
would be attractive enough for the Board of County Commissioners
to approve it. Every individual project has to be reviewed against its
own individual geographic location and the amenities and whether
they're providing for public benefit. But could something else
towards the east rise up to that level --
COMMISSIONER McDANIEL: Of course, it's America.
MR. BOSI: -- it may.
COMMISSIONER McDANIEL: They have a right to come and
ask, right.
MR. BOSI: But as we say, each individual project has to sit and
be evaluated based upon its own merit. And what I continue to fall
back upon is, yes, the density is not consistent with what's allocated
for this Sending area. It's -- or it's equal towards what's -- or a fourth
of a mile to the west. But there are advancements for the flowway,
advancement for the TDRs, and advancement for other aspects of the
GMP that we have recognized that balance out that irregularity of
density.
COMMISSIONER McDANIEL: Those did not go unnoticed,
sir. I saw that. But again, when I -- when I -- when I'm looking at
this, I just -- I just once a step here, then it comes and it comes.
All right. Thank you.
CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
This is for Mr. Giblin. And clearly, the thing that makes this
project something that would be recommended for approval is the
public benefit, is the affordable housing component of it. Without
that, I think this project probably would fail at those -- at that density
if there was no affordable housing component. So I want to kind of
dig into the affordable housing for just a minute.
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It was -- we were told that the units would sell for between
600,000 and $700,000 per unit. So let's just pick a number in
between. Like, let's just say they're $700,000 units.
MR. GIBLIN: I think what the petitioner meant was that the
market-rate units that are in the development would sell for that. The
affordable units would sell for much less.
COMMISSIONER SAUNDERS: Okay. So it's -- well, that's
what I wanted to get at then. How do you determine the price of the
affordable units?
MR. GIBLIN: The price is determined by market cond- -- well,
the number-one factor is the income of the buyer. And so as I said
earlier, the -- a family of four can make no more -- at the 100 percent
level could make no more than $113,600. So that's the number-one
determining factor in how much house can they buy.
COMMISSIONER SAUNDERS: Okay. Okay. So you have a
family of four making $113,000.
MR. GIERDEN: Yeah.
COMMISSIONER SAUNDERS: Now, a certain percentage of
that is -- can go to a house payment.
MR. GIBLIN: Correct.
COMMISSIONER SAUNDERS: Do you set the house price
based on what the payment is, or how do you determine the price for
the house that that person's going to --
MR. GIBLIN: Well, the bank will determine the amount that
they can borrow based on current interest rates, their credit, and the
amount of down payment that they're bringing to the table. So the
County is only going to monitor the income of the buyer, the
$113,000 a year for the family of four.
The current market will determine how much that house sells
for. Given today's market, factoring about a five-,
five-and-three-quarters percent interest on a 30-year mortgage.
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You've got taxes, you've got insurance, you've got HOA fees. We
would estimate that the affordable homes in here would sell for about
350- to $375,000.
COMMISSIONER SAUNDERS: All right. So then I guess the
question is, can a builder build a home for that price and market it? I
mean, does that -- does that make sense? I know that's a question for
the developer, but that's the number I wanted to get to is how do you
determine what the price of that house is going to be. Now, we -- our
staff looks at the income of the buyer. We're not concerned about the
price of the home at that point. We just look at the income of the
buyer.
MR. GIBLIN: Correct. For example, if interest rates were to
change dramatically over the next five years -- and maybe they go
back down to two and a half percent where they were a while
ago -- the price of the home could go up because you could afford
more if interest was less. Conversely, if interest goes up, the price
would have to come down for those same people to be able to afford
it.
COMMISSIONER SAUNDERS: Hopefully we'll be around to
see a two-and-a-half-percent interest rate on a mortgage again.
No other questions.
COMMISSIONER HALL: Mr. Chairman.
CHAIRMAN KOWAL: Yes. Commissioner Hall.
COMMISSIONER HALL: I can help Commissioner Saunders
out a little bit.
At 113,000 a year based on a payment at 30 percent of your
income, that would qualify for about a $2,800 payment. At
five-and-a-half interest on 30 years, they can buy a $499,000 house,
their loan amount. So they could go -- if they had $25,000, they
could go 525-, roughly. Just ballparking.
COMMISSIONER SAUNDERS: That's principal, interest,
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taxes, and insurance?
COMMISSIONER HALL: That's only principal and interest.
That's not including taxes and insurance.
CHAIRMAN KOWAL: And from what I understand, Pulte has
their own mortgage company in place for the properties, correct? So
they won't have to seek outside financing. They can in-house --
COMMISSIONER McDANIEL: How'd you know that?
CHAIRMAN KOWAL: -- with their bonuses towards down
payment assistance.
If we don't have any more questions from the Board, I'd like to
take a court reporter break. Let's be back at -- what do you need?
THE COURT REPORTER: Ten is fine.
CHAIRMAN KOWAL: Let's make it 3:11.
(A recess was had from 3:01 p.m. to 3:11 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN KOWAL: Okay. Let's -- we're going to bring the
session back to order, please. We're going to go into --
COMMISSIONER McDANIEL: Do you feel like you're not
being listened to?
CHAIRMAN KOWAL: I'm sorry. That's all right.
Troy, you still need a minute?
MR. MILLER: I'll tell you what. Let's go ahead and get started
with Brad, because we're going to do him first, and then I'll finish
tending to these ladies, if that's what you want to do, sir.
CHAIRMAN KOWAL: Yeah. Let's go ahead. I'm going to -- I
just want to preface something first. I should have said this earlier.
I'm sorry. That's right, you wanted to ask me a question. Go ahead.
MR. YOVANOVICH: Yeah. Mr. Chairman, I've got two
nurses that signed up to speak. They have to leave for their shift at
3:30. If Brad's got 70 minutes' worth of presentation, they're not
going to be able to speak, and I don't think that would be fair. So we
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would request that you allow those two nurses to be able to speak
before Brad jumps along.
CHAIRMAN KOWAL: Where is Brad?
MR. MILLER: Mr. Chair, I'm sorry. If I may, I've got several
people here that are having to pull their slips because they have to
leave as well because they're not going to be able to stay. So I just
want to put that on the record as well.
CHAIRMAN KOWAL: All right.
COMMISSIONER HALL: Brad will speak on their --
CHAIRMAN KOWAL: Yeah. I don't want to set a precedence
here. You've got people pulling their slips because they can't stay, I
understand that. I know we told Brad he can go first. But who's here
right now that's got to leave, just raise your hand right now.
UNIDENTIFIED SPEAKER: People left already.
CHAIRMAN KOWAL: Okay. Well, that's beyond the time
when we had to get through presentation and our staff report. All
right. So I'm looking at two people there. Do you need to speak?
MR. MILLER: This is a separate issue. This is someone that
was ceding time that was --
CHAIRMAN KOWAL: Okay. Give me the two nurses. Come
up here and speak first. Then Brad can go over and do what he's got
to do, because there's nobody else that's here telling me they've got to
leave, then -- well, I'm just -- I asked and nobody raised their hands,
so -- all right.
And just real quick, make sure everybody turns their cell phones
off, because I know I didn't say that before. But what's -- when
somebody comes up, they're nervous enough to go in front of the
podium, try to get what they've got to say in the three minutes, and
then they get interrupted with a phone buzzing or ringing in the
background. It could mess them up, and then I don't want to have
rush them through what they want to say, okay, because it's their
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right to stand up here and say what they have to say.
We're looking at about -- right now about three hours and 45
minutes of podium comments, so I'll just let you know. And if you've
heard somebody saying the same thing you plan on saying 10 times
already before that three hours and 45 minutes come up, you know,
it's totally up to you. If you want to repeat the same exact thing
again, that's fine. That's your right, but if you don't, when they call
your name, you could just raise your hand and say, "I waive my three
minutes." Fair enough? Okay. Do we know where these --
MR. YOVANOVICH: They are both on Zoom. Troy, one is
Mirtha --
CHAIRMAN KOWAL: Oh, they're on Zoom. Okay. Well,
let's knock them out.
MR. YOVANOVICH: Mirtha Reckewick or Reckeweg.
MR. MILLER: You're going to have to tell me that again,
please.
MR. YOVANOVICH: It's Mirtha Reckeweg, and also Veronica
Reckeweg. Those are the two that are on Zoom.
MR. MILLER: Okay. I have -- I have Veronica Reckeweg, but
I have a Mirtha Forero.
MR. YOVANOVICH: Okay.
MR. MILLER: Okay. All right. If my Zoom person is there,
we're going to go to Veronica Reckeweg to speak. John, if you're
there running my Zoom, if you can please prompt Veronica
Reckeweg to unmute.
I've got nobody on the other end of my Zoom, unfortunately,
right now, sir, apparently. Oh, wait. Here we go. Veronica
Reck -- Veronica, you've been prompted. You've unmuted. Can you
hear me?
MS. RECKEWEG: Yes, I can.
MR. MILLER: You have three minutes, ma'am. Please begin.
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And I also want to let my Zoom person know that -- what is
it? -- Mirtha Forero will be next.
Go ahead, Veronica.
MS. RECKEWEG: Thank you.
Hi. My name is Veronica Reckeweg, and I'm speaking today to
share my support for the Sabal Palm Road project.
I became a nurse in 2020 and currently work at Physicians
Regional of Collier. When I first started, I had hoped to live close to
the hospital, but there were simply no affordable options available.
As we all know, home prices skyrocket, which many of us, myself
included, even forced out of reach of living near our workplace.
I was finally able to buy in 2024 in North Naples off Oil Well
Road, but the tradeoff was a long commute. During season when the
hospital is at its busiest, that drive becomes even more difficult at
constructions or accident, which are unfortunately common on
Immokalee Road where I live, and it can turn it into a major setback.
Something that impacts not just convenience but the well-being and
readiness of healthcare staff.
This proposed community would offer a realistic opportunity for
nurses and other essential workers to live closer to where we serve.
For many of us, that would make an enormous difference. I hope you
all approve this project, as it will impact those who care for our
community every day.
Thank you.
CHAIRMAN KOWAL: Thank you, ma'am.
MR. MILLER: Next up we have Mirtha Forero. Mirtha, you're
being prompted to unmute yourself, if you'll do that at this time.
Waiting for Mirtha. Mirtha Forero -- Forero. Mirtha, we're going to
call you upon one more time. You're being prompted to unmute
yourself.
Not happening, Mr. Chair.
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CHAIRMAN KOWAL: Okay. Thank you, Troy.
Let's go right to Mr. Cornell then.
MR. MILLER: Mr. Chair, I talked to Mr. Cornell. He's been
ceded 24 minutes -- or 24 -- he's been ceded 24 additional
three-minute blocks. Tradition dictates I call all 24 of these names.
He's not going to take 75 minutes. I'd rather not try to call all 24. I
know most of these people are still here in the room -- unless you
want me to call all 24 names.
CHAIRMAN KOWAL: How about the 24 people raise their
hands?
(Hands raised.)
MR. MILLER: I think we're pretty close.
CHAIRMAN KOWAL: Close enough.
MR. MILLER: All right.
CHAIRMAN KOWAL: If fifty hands went up, then I know
they're lying.
MR. MILLER: Mr. Cornell has asked that his -- that Bridget
Washburn, his co-worker, be allowed to present this with him.
CHAIRMAN KOWAL: Yes.
MR. MILLER: And if you'll give me one second, I will bring
up Brad's PowerPoint. Well, that's not it. I'm sorry, Mr. Chair. I've
got several screens open here. And there we go.
MR. CORNELL: Great. Thank you, Troy, very much. This is
a three-ring circus, I can see, for you, so thank you for that effort.
Mr. Chair, I'm Brad Cornell, and I'm here on behalf of Audubon
Western Everglades and Audubon Florida, and with me is Bridgette
Washburn who's the executive director for Audubon Western
Everglades. And we'd like to share with you -- by virtue of the time
that is being ceded to us by folks in the audience, for which we're
appreciative, we'd like to share a number of slides with information
that we believe supports our position, which is that of denial for this
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project.
And it's -- it's a complicated issue. Clearly, the time that you've
spent already, which has been over two hours, testifies to the
complexity and the high stakes of this whole discussion, so we
appreciate your attention on this, and -- let's see if I can remember.
Oh, yeah, there we go.
So just a quick background on how we got here with the Rural
Fringe Mixed-Use District. In the 1990s, 1997, what -- Audubon
Western Everglades and Florida Wildlife Federation joined with the
State of Florida Department of Community Affairs to challenge
Collier County's policies on 300,000 acres of rural private lands in
Eastern Collier County. That was a successful challenge. It resulted
in the newly elected Governor Jeb Bush and his cabinet, called the
Administration Commission, issuing a final order in June of 1999 to
Collier County to do a three-year assessment and study to figure out,
okay, how are we going -- how are we going to do better by several
different objectives. And those objectives were to protect agriculture
and private property rights, to protect environmental lands that
included listed species habitat and wetlands, and to use innovative
land-use strategies to accomplish these objectives and avoid sprawl,
urban sprawl.
So that study resulted in 2002 in the adoption of two big
land-use plans that really brought Collier County a lot of recognition
statewide and even nationwide. That's the Rural Fringe Mixed-Use
District that we're talking about today, and the Rural Lands
Stewardship Area that's even bigger around Immokalee and north of
the panther refuge.
So the Rural Fringe Mixed-Use District uses a transferable
development rights strategy to direct incompatible uses away from
natural resources, Sending Lands, towards appropriate development
areas that we call Receiving Lands, which you've already heard about
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today.
The Sending Lands were downzoned. People who owned that
land were downzoned from their, at that time, one unit per five acres
to one unit per 40 acres in 2002. And as Mike Bosi pointed out, that's
a property rights loss and an impact, and it was compensated for with
the TDR credits that were valued at that time at $25,000 per credit. It
was actually set by the County Commission. Now it's a market rate.
And that was four credits at the time possible on each five acres, and
now that's up to six credits with some of the adjustments that have
been made over the years because we've recognized some
improvements needed to be made.
The TDR program, however, only works if the TDR credit
purchase is the only way to increase density in the Receiving Lands.
Most programs in the United States that are TDR programs fail
because local governments give away density in other ways.
Now, you-all have chosen to give density bonuses that don't
require TDR purchases for a number of issues, including affordable
housing. And by and large, I think most of the community is
supportive of those density bonuses as long as they don't detract from
the fundamental value and market mechanism of the TDR program.
And so that's a really important point.
The Collier County Rural Fringe Mixed-Use District has been
successful because thousands of these credits have traded hands.
They've been sold and used and land bought and credits stripped off
in order to entitle development throughout the Rural Fringe
Mixed-Use District.
That's something that almost all the TDR programs in the United
States have not achieved. Most of them have failed because local
governments usually just give away the density to folks who ask.
And you can understand why. And today is a little bit of a testament
to that.
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So Audubon Western Everglades recommends denial based on
four issues: Issue 1, this development is in the wrong place. Issue 2,
it violates State Statute 163.3177(6)(a)(2), which is focused
especially on discouraging urban sprawl. Issue 3 is a fairness
question. This is unfair to other Sending Land owners because if
you're going to give 423 units to this Sending Land owner, what
about the other Sending Land owners? What are they going to get?
So it's a fairness question. We should be dealing with Sending Land
owners equitably. And the last issue is the littoral planting
requirement, which we've had some discussion about today.
So Issue 1, this project is in the wrong place. The site property
is designated Sending land since 2003 when it was implemented. It's
wildfire, and, in fact, the day that this was heard for the transmittal
hearing, there were three wildfires in the vicinity of this project. Two
of them were on Sabal Palm Road, and one was a mile north. And
the smoke plume was scaring people in the area, and so -- rightfully
so. This is a volatile region.
Agriculture was required to be protected in the final order along
with listed species habitats and wetlands. So it is not inappropriate to
be protecting a citrus grove. Part of the Belle Meade flowway
restoration and enhancement watershed in which this development
would be sitting, the development would lessen the capacity to
restore those flowways. You're going to get one flowway on the
western side of this project as its proposed, but the whole project
could actually play a role in water management and stormwater and
water-quality fixes. The flowway restoration would be hindered by
those 423 houses.
And there's also a significant wildlife habitat in this region,
including on the site. Citrus groves are not antithetical to Florida
panther use, for instance, because deer and hogs go into citrus groves.
And deer and hog are the primary prey for Florida panthers. And
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people who live in this area, I have heard personally, have wildlife
cameras -- everybody's got a remote camera now. Yeah, I'm seeing
Commissioner McDaniel -- yeah, everybody. So people have
recorded panthers and their kittens in this vicinity very close by to
this project.
I want to point out another issue about the nature of the Sending
Land and the appropriateness of it being in Sending, and that is that
Sending Land and environmental sensitive land everywhere in the
United States, really, but including in the Rural Fringe Mixed-Use
District, is always a mosaic. It's a mix of farms, ranches, pastures,
wetlands, pine uplands. You know, it's going to be a mix.
And I want to point to the eastern side of Collier County. This
is east of Immokalee on 846. This is Immokalee Road, but it's not
Immokalee Road anymore. It's the road heading out on Hendry
County. You can see on the right there the county-line road.
And on both sides of this road are three Stewardship Sending
Areas. That's the equivalent in the Rural Lands Stewardship Area of
Sending. And it's Sending, and they were designated Sending, and
credits have been stripped off for Ave Maria and other uses on both
sides of this road. And if you look at that, you see farm fields all
over the place. You also see cypress sloughs. This is part of the
Okaloacoochee Slough, which is a major north/south wetland
flowway, and it's also a major north/south panther corridor, and it's
how panthers actually move through Hendry County all the way up to
the Caloosahatchee River and beyond and onto the Lykes Ranch and
beyond that.
And so this mix is typical of environmentally sensitive land
throughout Florida, especially in Southwest Florida, and you-all have
designated through the actions of the private landowners -- in this
case it was Barron Collier -- who designated these three Sending
areas, SSAs 3, 4, and 5. And I will note, too, that that designation
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resulted in an underpass under 846, which is in place today for
panthers moving through the Okaloacoochee Slough.
And just for comparison, here's the site. This is the South
Naples citrus grove in its conservation or environmentally sensitive
Sending area, Natural Resource Protection Area context. To the
right, to the east is Picayune Strand State Forest, and you can see it's
a vast environmentally sensitive land that burns regularly. And on to
the east of that is this Everglades restoration project, the Picayune
Strand restoration project immediately adjacent to that. And all
around this project are Hacienda Lakes mitigation lands.
I want to point out -- here's a fire risk map for this area. You
can see on the left is Verona Walk, and it's sticking over into the
orange areas. And you can -- the blue line that's marked on there is
pointing to the subject site, and that subject site is on the -- on the
edge of the high risk. It's in moderate risk of wildfire.
And this is a USDA/US Forest Service wildfire risk map. It's
the most recent that I just pulled off of their website. And it's a
problem because if you look at the -- the west side of the proposed
site, their -- Hacienda Lakes has to burn their preserves. They're not
going to be able to burn them because you're trapping them if you put
423 houses in there between Verona Walk and these 423 houses.
Those -- those preserves will never burn again. And, frankly, I think
the federal permitting process and even the state process, if this
moves forward, is going to say you owe mitigation for destroying the
habitat value and ruining some of the values of the -- that -- those
Hacienda Lakes preserves.
It's going to shrubbify, and shrubification is, you know, if you
don't burn it often enough, all this ground shrubbery and grasses and
other things start growing up, and that's the volatile stuff that creates
bad wildfires.
So that's my point that shrubification and 422 [sic] houses are
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going to conflict with the prescribed burning that's going to have to
happen there despite the wildfire plan that you heard mentioned. It's
not going to be enough. And it's going to constrain the Florida Forest
Service, which actually ultimately has to issue the permits. So you're
going to have the inability to burn in those trapped areas, and it's
going to be a constraint within a mile all around this project.
It's also, by the way, a very unwise and unsafe place to put 423
units, including the affordable housing units. That conflicts with the
goals of the Rural Fringe Mixed-Use District.
MS. WASHBURN: Good afternoon, Commissioners, and
thanks for your time today.
Now we'd like to ask you to look at our Issue 2, Florida Statute
163.3177, Section (6)(A)(2), and this statute asks us to avoid urban
sprawl.
The Sabal Palm property, like Brad just pointed out, and like the
aerials show, is surrounded by permanent conservation lands,
including Picayune Strand State Forest. In fact, the Picayune Strand
ribbon-cutting is coming up later this month, and we have pumped
lots of time, effort, and money into restoring the hydrology of this
55,000-acre area, and, you know, allowing development so close to it
seems to be such a conflict.
Placing over 400 homes in the midst of protected areas is
referred to as leapfrogging in planning circles, and it's the very
definition, actually, of urban sprawl. Kind of how Commissioner
McDaniel very aptly pointed out that it's a slippery slope. You start
edging your way towards conservation lands, and it's hard to stop that
after it starts.
So today's decision will set an important precedent. So we're
urging you to carefully consider the long-term ecological health and
sustainability of Collier County's land and water resources.
MR. CORNELL: Issue No. 3 is the fairness issue. I think I
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summarized that pretty clearly. If you're going to grant 423 units to
this Sending Land owner, why don't the other Sending Land owners
get similar treatment for -- or development potential. Because it's
easier to go through the usual process than to negotiate the -- what is
to many people a complicated and unusual process of TDR
sales -- generation and sales.
And it's also a bad precedent. So we don't want to -- we don't
want to say to all the Sending Land owners that this is possible,
because it shouldn't be, and it's a bad precedent, frankly, statewide for
a local government to abandon its conservation land-use policies to
get a relatively small amount, 85 units, of affordable housing. I'm not
saying that those are valueless. We clearly need much more
affordable housing here and in many places in Florida and around the
nation. And I'm here to say that we, at least for our part, are very for
affordable housing, but it should never come at the expense of our
conservation land-use policies.
MS. WASHBURN: So the applicant is asking for a reduction in
the required minimum 30 percent of stormwater lakes or littoral
plantings, reducing that to seven. We did hear the proposal to cluster
this percentage, it sounded like, so it's more dense in one area, but
then to bring, if I understood correctly, the rest of the property down
to the 7 percent minimum required. You know, we think it's great to
add more plants, but we still stand with the fact that the 30 percent
requirement should pertain to all stormwater lakes because it protects
water quality, water resources, both on site and downstream.
If we go down to seven percent, it will not adequately remove
pollutants, nitrogen and phosphorus, from the stormwater flowing
through the area. Littoral plants are really important because they act
as cost-effective and low-maintenance water purification systems,
and they really help us avoid those harmful algal blooms that all of us
sort of dread these days. And, you know, it saves the use of the
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chemicals and pesticides folks use to then kill the harmful algal
blooms in the future. So it could cost a little bit more to put the
littorals in at the beginning, but in the long term I think there will be
cost savings, and it's a more sustainable way to move forward. It
keeps our waters cleaner in the long run.
MR. CORNELL: And by the way, this picture I took, it's right
near Trader Joe's where there's a stormwater system around that
commercial area. And I was just shocked at how natural this
stormwater lake turned out.
MS. WASHBURN: Back to the affordable housing issue. We,
as Brad said, are certainly supportive of affordable. And we would,
however, support the use of the 80 percent area median income to
define what is affordable. In the future we would urge the
Commission to do so. This is the number used by the federal
Department of Housing and Community Development and some of
the affordable housing organizations in Collier County as well.
I had to look the other day, and I was looking up average
incomes in Collier, and I looked up the average Home Depot or
McDonald's worker income over a year whose working full-time, and
it said around $40,000. So when you're thinking about affordable
income numbers, some of these look a little bit high to me. So we do
stand with the 80 percent AMI.
We're also concerned that affordable housing is a public benefit
that's justifying some of these changes and land-use policies, and
when you're putting people in how Brad showed this area is a high
risk for fires, public housing should not be placed in -- anywhere that
jeopardizes public safety. You know, we've seen some proposals for
Coastal High Hazard Areas, these very fire-prone areas, and the last
thing we want to do is to place people in a risky area for their safety.
We really strongly support affordable housing, but we need both
conservation and affordable housing to go hand in hand. And so
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we're asking the Commission to take a holistic look at this
development and make a decision that supports public health and
safety and sustainability in the long term.
MR. CORNELL: To that end, it's clear to us -- let me first say
that we're glad to see the proposal to buy 135 TDR credits. We just
learned about this yesterday. It's a belated acknowledgment on the
part of the applicant that that was the right thing to do, and we're glad
to see that; however, it also remains that your 2023 affordable
housing incentives policies that were adopted into the Rural Fringe
Mixed-Use District are ambiguous. You have some lack of clarity in
those policies. And these are the two policy's excerpts that I've
highlighted here that need to be cleaned up, that need to be -- for
instance, need to clarify that market-rate housing does not need
incentivization, but what needs incentivization is the affordable
housing.
And so that -- to us the first phrase in that Policy 2 there,
maximum density for housing that is affordable, that implies that
that's all it's addressing, not market-rate housing; however, it's being
interpreted by development applicants and even staff to mean the
entire project, including the market-rate housing, which is the
majority of the housing.
So we would ask you to give direction to your staff to work with
stakeholders and the Planning Commission to clarify this. You need
a glitch amendment to fix this.
And one of the last things I wanted to point out here is that there
are other options besides building 423 homes that actually are
compatible with the Rural Fringe Mixed-Use District land-use plan,
even as Sending Lands. First, you could sell up to six TDR credits
per each five acres, including the restoration and conveyance credits.
You could sell the property fee simple or less-than-fee interest in
the land to conservation or agricultural preservation entities such as
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the Rural and Family Lands Protection program through FDACS or
Florida Forever, Conservation Collier, Florida Wildlife Corridor
interests that have generated huge amounts of money.
The legislature appropriated $850 million just three years ago
and have bought over 30,000 acres just here in Collier County with
that money. So that's not a small pot of money, and that could
be -- and this is part of the Florida Wildlife Corridor or other DEP
and legislative programs.
You could grant a flowway easement to the County for two
TDR credits per five acres as part of the Belle Meade flowway.
That's a policy that you've got right now. You could turn this into a
mitigation bank.
So we don't need to build 423 units to get the marginal flowway
and Sabal Palm Road improvements. We could do this through a
mitigation banking. The landowner now could make a lot of money
turning this into a mitigation bank. And I will tell you from my
experience, there is a lack of credits in several Collier watersheds.
So -- and that's not just true here in Collier County. This is true
statewide, as you probably know from some of the legislation that's
been passed recently, or considered. So a mitigation bank is a very
viable option.
There could be an internal county mitigation bank through
Transportation and Utility or Stormwater to offset your own internal
projects, which you have a lot of, including things like Vanderbilt
Beach Road extension.
You could do a payment for ecological services or PES contract
with an agency like the South Florida Water Management District or
another agency. Those are typically for something called disbursed
water management where you pay somebody to hold water as part of
a regional or watershed water resource program or water-quality
program.
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And, finally, you could sell TDRs to a TDR bank if one is
established by the County or some other entity. Currently there isn't
one. But this is something that we have talked about for years, and it
has never come to pass. It's in your Comp Plan, but there is no
current entity, but that is something that we could discuss.
So to conclude, our recommendations are to deny this Growth
Management Plan Amendment application based on it conflicting
with the goals and objectives of Collier County's land planning in the
Rural Fringe Mixed-Use District. It's also inconsistent with state
statutes, especially the discouragement of urban sprawl, and it's an
unsafe site prone to high-risk wildfires. And there are better
alternatives, as we just discussed.
You need to -- we ask you to direct staff to work with
stakeholders to clarify and fix ambiguous affordable housing policies
in the Rural Fringe Mixed-Use District section of the FLUE, the
Future Land Use Element.
And, finally, we think that you should consider, and the
landowner should consider, mutually, alternative land-use measures
that are consistent with the Rural Fringe Mixed-Use District and
Collier County's goals in keeping with the original final order from
1999.
It is very possible to uphold the land plan that you won awards
for, and you should invest in keeping that and improving it wherever
possible. Here's an opportunity.
So thank you for this discussion to uphold these goals,
objectives, and the interests of the citizens of Collier County, and
we're happy to take any questions, but hopefully we were clear.
CHAIRMAN KOWAL: Any questions from the dais?
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
Mr. Cornell, thanks for your expertise and your testimony. Just
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a couple quick ones, and I might call you back, but I just made some
notes off of your slides.
That wildfire risk map, that's as things stand now. How do you
think that -- and as you said, that's the latest map. One of the things I
got educated on even more than in my office from the staff and even
from the applicant was how much additional water and fire
suppression comes with this development if it were passed.
So having said that, if that was improved exponentially the
ability to fight wildfires and things like that, do you think that the
new map that would come out would be a lot less red, that one of the
reasons why it's as red as it is is because that area has a -- is a wildfire
risk and also has an inability or a difficult ability to attack wildfires in
that area because we don't have the proper water flow, the right kind
of water distribution? You know, I ask your opinion on that one.
MR. CORNELL: Sure. I think that it's pretty well understood
by land managers, including Audubon land managers out at
Corkscrew Swamp Sanctuary, that in order to reduce wildfire risk,
you've got to do two things. You've got to -- you've got to manage
your hydrology; in other words, restore the groundwater levels and
the wetlands to make sure that you've got enough water in the
landscape. This is one of the big hazards of Golden Gate Estates is
that we have been depressing the water levels out there, and that
creates a very risky wildfire scenario. And the other one is, of
course, prescribed burning. You've got to do both of those things in
order to reduce the wildfire risk.
Now, I think it's clear that if you look out at other places in the
country that have had some catastrophic wildfires, California or New
Mexico or Hawaii, Lahaina, that having fire suppression is helpful,
but the best help is going to be the ecological health of your
watershed and regular prescribed burning. I mean, Mother Nature
used to do it with lightning. We can't let her do that anymore where
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there's too many of us in the landscape. So we've got to do
prescribed burning, and we've got to have lots of water on that
landscape in order to make it work.
COMMISSIONER LoCASTRO: Okay. A topic that was talked
about here and then also when we've talked about golf courses is how
chemically saturated something like an orange grove, a golf course is.
And the term I wrote down here, somebody mentioned it, said
that -- obviously you talk about anything that has greenery, has any
kind of vegetation is going to have wildlife. I mean, everything we
build on has some sort of wildlife on it that we either move, or it
moves itself or what have you. But I wrote down the
word -- currently, and somebody said it, there's chemically
contaminated ditches on the -- on the orange grove, and then when I
saw the pictures of the new littoral areas, even the picture that you
showed of Trader Joe's, maybe there's something in the middle that
would be the approved solution.
But just as I hear it, if there are that many panthers out there and
tons of bears and whatnot, do we want them drinking out of
chemically contaminated ditches rather than -- and it's sort of a
loaded question, because I don't know the answer to this. I want to
hear the answer. But as I sit here and weigh it, I know contaminated,
especially the golf course that we are -- we are flipping into a
veterans' nursing home, we had a lot of mitigation that has to be done
there, and I've had -- in some previous lives I've had where we
flipped golf courses into something usable. So it's similar to the
citrus grove.
And then when I see the investment that they're going to make
into the more natural areas and how the water is going to be -- flow in
a certain way that makes it more clean, more pure -- or you might
rebut that -- how the culverts are going to flow the water back and
forth -- I'm just trying to weigh, wow, you know, would I want to just
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keep the land as it is and have -- if there's that many panthers
wandering around, they're drinking polluted water, or can we do
something better that we can provide housing but then mandate that
they have the areas of wildlife preservation, littoral areas and all that,
which to me would seem better than this overly saturated fertilizer,
you know, soaked ground that we have out there now to include what
they -- somebody called chemically contaminated ditches. What's
your comment on that to help educate us?
MR. CORNELL: So I asked Peter Frederick, who is -- a couple
of years ago I was having a conversation with him about wading
birds in ditches, this exact question that you're asking me. You
know, I'm not a scientist, but he is. He's a world expert in wading
birds. And I wanted to know had there been any studies -- do we
know anything about the hazards of wading birds forging in ditches.
Because as we've all seen, they do it a lot. And the reason they do it
is the shallow seasonal wetlands that they used to rely on in the
November/December time frame have mostly been destroyed. Over
80 percent of them in Southwest Florida have been destroyed, and so
they're forced to use the ditches at that time of year, and that's when
we see them there.
And he said, you know, we would love to know the answer to
that question, but nobody has really done in-depth studies about the
impacts of what's in canal water that these -- you know, and it's not so
much that they're drinking it, but they're eating the fish in there.
That's what they're doing in there. They're eating fish. They're not
drinking. They're feeding themselves. And what about those fish,
you know? We don't know. But they're desperate, and it's the only
option that they've got.
And as far as whether it would be better if we got the restoration
with this project, of course restoration would be much better. What
I'm suggesting to you-all, though, is do we have to have 423 houses
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built in order to get that increment of restoration, or could we have
the whole site restored and get a bigger bang for our buck? Maybe
the landowner themselves could do it as a mitigation bank, for
instance.
COMMISSIONER LoCASTRO: Just to go back, though, to the
ditches, there's a difference between the swale on the side of the road
that's filled with rainwater and a ditch in an orange grove that's been
there for a thousand years and has been overfertilized and pesticides
and all of that, and then water is collecting, and it -- it has that type of
chemical base.
I agree with what you're saying, there's, quote-unquote, ditches,
swales all over Collier County, and birds feed and drink in them, you
know, just fine. But, you know, my real concern is you've got this
dead orange grove that is not -- you know, I actually talked to the
owner, and I said -- and I don't mean to embarrass you or put you on
the spot, but a lot of citizens sent us emails saying, "Oh, it's so nice to
go there and buy all the fresh this, that, and the other," you know.
And then I asked him, "How much of that are you actually growing
on property?" You know, the dead orange trees are for -- you know,
for a look.
And so I just -- I sit here and say this orange grove is so old that
any water that's collected there, it wouldn't be something that I think
would be, you know, a benefit -- as beneficial as to some of the
things -- I agree with you, the more restoration we could have, if it
could be three times the size -- you're also trying to figure out the
algorithm.
I mean, I'll take a little bit of exception to what Commissioner
Saunders said when he said if there wasn't affordable housing here,
this project would fail. Well, it wouldn't fail. It just probably
wouldn't come to us because the numbers wouldn't work out. And
so -- but the sheer fact that there's affordable housing in it makes us
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at least want to listen to it, especially when we hear from Cormac.
But, you know, getting back to -- I don't know if you want to
follow up on your answer. To me, swales containing rainwater and
ditches in an orange grove that's been probably oversaturated for
years with fertilizer and pesticides I don't think's apples to apples.
MS. WASHBURN: Sorry to jump in just for a second.
COMMISSIONER LoCASTRO: Yeah.
MS. WASHBURN: But I just wanted to say when left to itself,
nature tends to sort of repair itself, and this is still a natural area.
So the fact that the oranges are dying and dead, I don't even
know when -- the last time the fields were sprayed -- I don't know if
the landowner could answer to that -- or pesticides applied, but those
tend to break down.
So even if they're in ditches, there are bacteria and other items
that are breaking down those chemicals as we speak. And if we did
take some steps to restore the area, like Brad was saying, you know,
natural areas are definitely better than rooftops for water resources
and for the water life there.
COMMISSIONER LoCASTRO: Okay. I'm sure there will be a
rebuttal from the applicant, but thank you.
(Applause.)
CHAIRMAN KOWAL: I'm going to let you guys clap that one
time. But once again, we don't -- we don't encourage people
applauding and wooing and hooing and doing those type of things
when our speakers are up here, okay? Because if you're up here
speaking, I would want the rest of the people to respect you, too, up
there. So let's just -- let just -- let's keep it professional, please.
Any other questions from the Board from Mr. Cornell?
COMMISSIONER LoCASTRO: Not yet.
CHAIRMAN KOWAL: I do have one question for you, sir.
MR. CORNELL: Yes, sir.
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CHAIRMAN KOWAL: I really respect your knowledge and all
the things you know in life, and you've really -- I've learned a lot
from you over the years, you know, you coming here and being a
person that speaks before us, but you lost me today, because the
minute you said panthers had kittens -- they are cubs, sir. Not kittens.
We might have some more questions for you later.
MR. CORNELL: It's a cat, isn't it? It's a cat.
CHAIRMAN KOWAL: No, it is a cub, sir. A kitten is a house
cat's baby.
MR. CORNELL: All right.
COMMISSIONER LoCASTRO: That's why he's our chairman.
I'm telling you. He's loaded with information.
MR. MILLER: I'm going to remind our speakers of a couple
things. One, I'm going to read multiple names. I'd like you to queue
up at both podiums for the sake of time, and also, you will hear a
single beep when you have 30 seconds to go.
Our next speaker is Jay Kohlhagen, and he'll be followed by Jen
Southall.
MR. YOVANOVICH: Can I ask one question, please,
Mr. Chairman, about the format?
CHAIRMAN KOWAL: Go ahead.
MR. YOVANOVICH: How do we know which of the 25
people that raised their hands gave up their speaking? We're not
going to let people double-dip?
CHAIRMAN KOWAL: Jay [sic] has them all paper clipped
together, the 25.
MR. MILLER: That's not going to happen, Rich.
CHAIRMAN KOWAL: Yeah. He's not going to call --
MR. YOVANOVICH: Thank you. I know we didn't call their
name. I just don't --
CHAIRMAN KOWAL: Yeah, yeah. I saw he paper clipped
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them all together.
MR. MILLER: Mr. Kohlhagen.
CHAIRMAN KOWAL: Hey, Jay.
MR. KOHLHAGEN: Jay Kohlhagen, for the record.
Oh, great, another stoplight on Collier Boulevard and another
development that will use Mosquito Control for damage control.
You know, I go on a shooting range out there off Sabal Palm
there, and I've been going out there since the '80s. I mean, you carry
a gun out there, you've got to carry two guns because the hogs out
there are really thick. I mean, one gun isn't enough out there.
But that said, everyone understands the financial incentives, but
zoning decisions are not meant to be profit driven. The future growth
plan exists to prevent exactly this kind of decision-making happening
here today. Economic benefit to a landowner alone is not a valid
basis for overriding the County's Future Land Use Map.
Social media comments are saying that this Board is just the
rubber-stampers for the floor shine developers.
I'm here to prove them wrong. So today vote with the people
and stop this -- well, I said, 200-unit development because we know
the game. You ask for 423, but you reduce it to 200 or something to
make us feel better on the impact or maybe put a school there or
something.
So I urge this board to stick with the County's future growth
plan and vote against this rezoning. Amen.
MR. MILLER: Your next speaker is Jen Southall. I do not see
Jen.
We're going to move on to Kaylun Glenn. Are you Kaylun?
She will be followed by Michaela Kendall.
COMMISSIONER McDANIEL: She gets six minutes because
of the baby.
COMMISSIONER LoCASTRO: Yeah. She's got two speakers.
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MS. GLENN: Good afternoon, Commissioners. I just wanted
to say thank you for all that you do and appreciate all the really great
dialogue leading up until now.
My name is Kaylun Glenn. I am a lifelong resident to Collier
County. I'm a fifth generation Collier County resident, and this is
sixth generation. So I'm here speaking on behalf my experience
growing up here as well as my daughter and my son who are --
MR. MILLER: We really kind of need the mic pointed at you.
I'm sorry. I'll pause for a second. Okay. Go ahead.
MS. GLENN: Oh, I'm sorry. That's okay. No, no, no. I can
swap sides, too. Sorry. My screen shifted a little bit.
MR. MILLER: You're paused, you're paused. You've got time.
CHAIRMAN KOWAL: And we're also recording and trying to
keep track of everything people are saying, so just kind of slow your
cadence and calm down, take a deep breath.
MS. GLENN: Okay. Thank you. I'm used to the FWC
meetings where a lot of times we're limited on timing.
So I'm here to ask you today to deny the Sabal Palm project on
behalf of the fact that -- from the start, I just want to note that I'm not
antigrowth at all. You know, Collier County has seen a ton of growth
over the years, and as someone who keeps choosing to live here, I
understand that it is something that is part of just city management,
city growth, though my family has lived through all this
development.
And I want to acknowledge that the citrus grove isn't profitable
any longer. Being in forestry professionally and in conservation, we
are seeing a massive amount of land conversion from typical ag use,
whether it be forest or citrus, to other uses. Solar is the largest, as
well as development in the south, and I cover the whole southeast for
the forestry work that I do, and we're just seeing massive levels of
conversion because industries are changing. Profitability is also
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shifting. So I understand from a landowner perspective where they're
at at this point and why they're considering this. But that being said,
it's not the best use based on where it's at.
Let's see. So as we know, this proposal would add about 423
homes on an adjacent-to-conservation and protected agricultural land,
mostly being near Picayune Strand State Forest. From a scientific
standpoint, it's right within the Florida Wildlife Corridor, which
we've heard lots of, you know, comments on today. There's a lot of
critical species that are worth protecting and not interrupting their
flow of life.
Sorry, I'm going fast, but --
Yeah, so -- and then from a public safety standpoint, you know,
the fire. It's a fire-adapted system that needs to be able to burn and
burn regularly, and adding these homes in this development right
smack dab in the middle will completely disrupt that. Sorry.
A lot of these points we've said, and then, of course, the water
perspective. But really, I'm just speaking -- there's a lot of points I
want to address, and I don't want to shorten any of it.
But this rezoning I feel like can set truly an unfortunate
precedent. And I -- and again, I'm not antigrowth, but each time that
you as a commissioner or any kind of County entity keeps allowing
projects like these in these areas surrounded by other protected
conservation land -- I've seen it happen. It starts with the one, and
then it comes -- you know, then the Publix and then a school, and it
never really stops. And at some point we all have to take ownership
of what we want this county and city to look like for generations to
come, and truly, from an ecological standpoint as well as a cultural
standpoint, this project is not a great idea for us now or in the future.
So I ask you please consider denying it, and I’ll allot my time to
her. Sorry. I'm sorry about that.
CHAIRMAN KOWAL: That's all right.
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MS. GLENN: So thank you for your time, and I appreciate,
again, all that you do. Please consider saying no.
CHAIRMAN KOWAL: All right. You guys can applaud the
baby, though.
MS. GLENN: Thank you.
(Applause.)
MR. MILLER: Your next speaker is Michaela Kendall, and
she'll be followed by Stephanie Dixon.
MS. KENDALL: All right. Hello. My name is Michaela
Kendall, and I'll do my best to be brief because I know I'm just going
to be reiterating what a lot of other people will be saying today.
Basically, I see this project as incompatible with the surrounding
conservation land. I don't think it's been mentioned yet, but the
entrance to the orange grove is just a mile away from the Picayune
Strand check-in; same distance it is from Collier County Boulevard,
so I think that that is important to consider.
I also want to note that the Picayune Strand forest provides
habitat to the only stable population of Florida panthers east of the
Mississippi River, and one of the leading causes of death to the
Florida panther is car collision. So putting more cars on the road is
going to lead to more death to the panthers.
We just had the first reported death, according to the FWC
website 10 days ago, and it was, I believe, .9 miles north of Collier
Boulevard on I-75. I think that's important to consider.
I also want to note I am also very concerned about the lack of
littorals and the other ponds. I think that that could contribute to
algae growth that would just be harmful. And I think this proposition
undermines the protected Sending Lands for rural urban multifamily
density, destroying the rural character, and normalizes urban sprawl
in Collier County.
I urge you to vote against this, and I will leave it there.
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CHAIRMAN KOWAL: Okay.
MR. MILLER: Your next speaker is Stephanie Dixon. She'll be
followed by Michael Puchalla.
MS. DIXON: Good afternoon, Commissioners. For the record,
my name is Stephanie Dixon, and I'm here today on behalf of the
Greater Naples Chamber.
For more than a decade, access to attainable housing has been a
top public policy priority for the Chamber. The Chamber has
consistently advocated for expanding housing opportunities because
our members know a strong local economy depends on employees
being able to live in the communities they serve.
By including homes for sale price below market rate, SWJR
Naples 1 and PulteGroup, the contract developer, demonstrates a
clear understanding of the ongoing need for attainable housing for
middle-income families.
This need is well documented. A recent report found the Naples
area is among just 18 metro areas nationwide where families must
earn at least $200,000 to earn -- to afford a home.
Furthermore, the Collier Community Foundation's most recent
community needs assessment found 65 percent of respondents
believed housing costs should be a priority moving forward. The
Chamber saw similar results in a recent survey of our membership
which nearly -- showed nearly 70 percent indicating workforce
housing was among the top concerns facing businesses.
This project sets aside 85 townhomes for families earning up to
100 to -- 100 and 120 percent of AMI. This project will serve
educators, healthcare workers, first responders, and other
professionals who are essential to Collier County quality of life.
The Chamber is encouraged by the commitment to integrate
workforce housing and believes it reflects a realistic understanding of
the challenges our communities continue to face. Including for-sale
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workforce housing also expands access to homeownership, allowing
more residents to build roots and long-term investment in Collier
County.
We respectfully encourage your approval of this project and are
confident it will make a meaningful contribution to expanding
for-sale workforce housing in our community.
Thank you for your continued service and commitment to
Collier County. We appreciate it.
MR. MILLER: Your next speaker is Michael Puchalla. He'll be
followed by Susan Scalf.
MR. PUCHALLA: Good afternoon, Commissioners. Thank
you for allowing me some time to speak today. For the record, my
name is Michael Puchalla. I serve as the CEO of the Housing
Alliance, and we have a mission to unite residents, developers,
funders, and policymakers, which is the role you're obviously serving
today, in trying to create more attainable housing solutions for our
community. So I'm going to be speaking a little bit on that.
Mr. Giblin was up here. He spoke a little about what I was
going to speak. So I'm here kind of to support some of the points that
he had made.
You as a board, you've done incredible work in terms of
improving the inventory of rental units available to our workforce
that are income restricted, and I think we've seen an impact what
that's done for our community. But where this proposal is unique is
that now we're talking about access to homeownership for our
workforce. These are income-restricted units, and it's going to carry
that 30-year commitment.
So our organization, through our affiliate help, we see
individuals in households who are coming in and would love to get
into homeownership, and a lot of times they maybe make just a little
bit too much to qualify for some of the resources that are available,
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some of the subsidies, possibly a Habitat for Humanity opportunity,
but they don't make enough to qualify for open-market housing. And
we've heard the statistic.
We made the Wall Street Journal, unfortunately, as one of 18
cities in the entire country that it requires about $200,000 or more to
qualify for a median-priced house.
So I can tell you that with the cost of insurance, with the cost
of -- whether there's going to be homeowner association, we know,
and taxes, it's -- these individuals that are earning up to the
100 percent AMI and up to the 120, these 85 units would create an
opportunity for them.
We also have external down payment assistance opportunity in
addition to what Pulte is committing to. Our local SHIP program,
federal home loan bank. We have at the state level Hometown
Heroes and the Florida Assist Program.
Having new construction creates that opportunity for individuals
to apply for to have that runway that is often needed in order to
qualify for those resources.
So I think we can even enhance the buying power to even -- to
get to some of these households that maybe earn a little bit less than
that 100, 120 percent. And this gives them a unique opportunity with
these units being added to the -- to our community.
So I would say we're very encouraged by a -- a national
developer wanting to come in and enhance our for-sale product. We
hope this becomes something we see more of as future development
comes into the community. So thank you for your time.
MR. MILLER: Your next speaker is Susan Scalf, and she'll be
followed by Amy Clay.
MS. OSCEOLA: Oh, she's not here.
MS. SCALF: Good afternoon, Mr. Chairman and
Commissioners. My name is Susan Scalf, and I respectfully urge you
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to deny these petitions, both petitions.
The Conservancy of Southwest Florida, representing 4,500
members, opposes this rezoning. Although this builder, we've just
found out, will now add minimal TDRs to get commissioner buy-in
approval, it would undermine the very foundation of the Rural Fringe
Mixed-Use District program.
Once exceptions like this are granted, more developers will
demand the same, jeopardizing protections for Sending Lands across
Collier County and weakening the smart growth system the County
has relied on for years.
This parcel was designated Sending Lands for its high
environmental values: sensitive habitat, listed species areas,
wetlands, and critical flowways. It borders Picayune Strand State
Forest and lies fully inside the wildlife -- Florida Wildlife Corridor.
With only an estimated 120 to 230 adult Florida panthers left
statewide, this site lies within the species' primary zone. Vehicle
collisions are the leading cause of death. In 2025, Collier County
reported eight panther -- seven panther fatalities -- we had one this
year -- contributing to 18 statewide deaths, 17 from vehicle strikes.
The year before, 2024, saw 36 deaths statewide.
From the proposed 423 homes, adding about 4,000 daily vehicle
trips would worsen roadkills and fragment this vital corridor for
panthers, black bears, gopher tortoises, and other species.
This development would require road widening, traffic lights,
stormwater fixes, or buffers. These measures merely attempt to fix
problems the project itself creates.
Nearby Tamarindo proves these concerns aren't theoretical with
homes sitting vacant due to unresolved flooding from drainage
failures.
Two major wildfires in 2025 burned very close to this grove.
The development would heighten flood, fire, and evacuation risks.
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We have over 4,000 petition signatures opposing it, and we ask
you to uphold the Comprehensive Plan and deny these petitions.
Keep this grove agricultural. Please review in your packets the
panther telemetry map and Joey Waves wildlife and wildfire photos
in your packets.
Last time we had the meeting, no one could find the telemetry
map. It will show you all the sightings of panthers in the area. And
thank you for your time.
MR. MILLER: Okay. Your next speaker is Kimberly -- is it
Heise?
MS. HEISE: Yeah.
MR. MILLER: She'll be followed by Mia -- ooh, is it Elrich?
MS. HEISE: Hi. Thanks for having me. My name is Kimberly
Heise, and I'm a wildlife artist in Broward County. I came all at the
way over here today to urge to you deny the rezoning of this land.
You've heard from the experts about it. It's not an appropriate
place for housing, and it is within this -- this zone that is supposed to
be for conservation.
And one of the biggest concerns that I've seen and other
conservationists have seen throughout the state is what happens when
you start making exceptions to that? That is one of the biggest
concerns, at least for me.
It would destroy panther habitat. Here's the telemetry map
they're talking about. It would destroy panther habitat, lead to
increased car strikes. You see there's the road here. These panthers
here are crossing this road. They're utilizing this land. You don't see
them over here; that's housing. Panthers and roads do not mix
together.
It also would degrade the surrounding land. Not only does the
land have to burn to reduce wildfire risk to humans, land needs to
burn because they have -- it has evolved over millions of years to
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burn. It's fire dependent. Some plants don't even bloom without a
wildfire.
So this land here needs wildfires not just to make it the wildfire
risk to humans less, but also for the health of that area. That's why it
would degrade that land around it.
And, you know, increased flooding. They've said a lot of
wonderful things. I hope you will listen to the experts that have
spoken.
People throughout the state of Florida are tired of constant
development in every last bit of green space, people throughout the
state of Florida looking towards you and your county to protect our
state animal and the symbol of our state.
All of Florida panther primary and secondary habitat is in your
county and surrounding counties south of Lake Okeechobee. Florida
panthers do not live and breed in significant numbers anywhere else
in the state. We hope that they will continue to move north and
populate the rest of the Florida Wildlife Corridor, but they can't do
that if their breeding population is not supported here.
The amount of land they have to roam is directly correlated with
the amount -- is directly correlated with the amount of panthers that
can survive there. Every last bit of panther habitat counts.
About -- there's about 200 panthers that can survive with the
amount of land that we have currently, plus or minus. Every last bit
of land that is reduced and taken away from that habitat means less
panthers. Because they're territorial, they need a lot of land.
You are Florida panther conservation. That's why you've been
getting letters from around the state.
And I just want to point out that this year is a particularly
important time for conservation. There's a lot of attacks with the bills
in the legislature. My friends up in Orange County are trying to fight
toll roads going through the wildlife corridor. We really need our
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representatives to stand up for these lands.
Thank you so much for having me.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: I'd like to remind our speakers, due to my
pronunciation issues, please start your comments by stating your
name. Mia, is it Erlich?
MS. EHRICH: My name's Mia Ehrich.
MR. MILLER: Ehrich, okay. And she'll be followed by
Abigale -- ooh -- Augugliaro. I hope that's close.
Please begin, Mia.
MS. EHRICH: Thank you.
So my name is Mia Ehrich. With the exception of my four years
away at the University of South Florida, I'm lucky to have lived here
in Naples my entire life.
I imagine that if the wood storks, the panthers, the boar, the
bears, the alligators, snakes, the waterways, all of the plants and other
animals supported by these waterways could speak, they would ask
you to please vote no to amend this development initiative.
Collier County's own executive summary states clearly that this
amendment has no fiscal benefit to Collier County. There is no net
revenue gain to the public, and what is certain is the permanent loss
of environmentally sensitive land located within an area specifically
intended to restore natural flowway into Naples Bay and Rookery
Bay.
I don't think it's appropriate to nit-pick over the language used to
describe the land. Sending area, protective lands wetlands,
Everglades, whatever you'd like to call it, our actions do affect the
environment regardless.
Keeping six acres of littoral plantings is not better than leaving
the 169 acres of land alone in the first place.
Just because the land isn't successful as some orange grove does
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not mean that it needs to become homes instead. If orange groves are
not a fit home for the wildlife, certainly neither are 423 cookie-cutter
Pulte homes.
The Florida panther does not care whether 15 percent or
20 percent or 100 percent of this housing project is deemed as
affordable. It is not the birds' fault that two teachers or a nurse or
other essential workers can't afford to buy a home.
We do not have a need for 423 new homes that despite having a
Walmart and a Home Depot nearby, feel like they're in the middle of
nowhere.
Eighty-four affordable homes is a drop in the bucket to the
housing problem in questions. Banking on the fact that doctors may
want to live here once they're done with medical school is very
creative, but I urge the people in the room to channel that creativity to
come up with a better solution to the housing issue at hand.
As a volunteer at the Conservancy of Southwest Florida, I
regularly meet people who have lived in Naples their entire lives as
well as visitors from across the country who come here specifically to
experience the natural beauty of our mangroves and estuaries. The
development of land in Sabal Palm subdistrict would directly
undermine the environment that defines this community and supports
its economy.
I believe affordable housing is important, but housing is not
truly affordable if it comes at the expense of the environment. With
that in mind, I ask you not to support this project. I'd also like to
thank the Audubon Society for providing tangible alternatives to this
development plan, and I hope that the current landowners will consult
with them.
Thank you. I yield my time.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: I'd like to remind our speakers at this juncture,
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every word you say is being typed down, so please try to keep it a
little bit moderate.
Our next speaker is Abigale Augugliaro. She'll be followed by
Gwen Ransone.
MS. AUGULIARO: Hi. My name is Abigale Aguguliaro. I'm
here to deny this Sabal Palm development.
I wanted to bring up the topic of reliability. So the Pulte Homes,
the developer, has recently pleaded guilty to destroying 22 Florida
homes -- or Florida tortoise burrows and had to pay a fine of about
$13,000. So I feel like this raises a bunch of concerns about
reliability and advocacy. I agree with that.
So how do we trust these developers to do the things that they're
saying, to do the things that are -- that are right, essentially?
So, again, I just urge them to deny the Sabal Palms development
and protect Florida land. That's all.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Gwen Ransone, and she'll
be followed by Jen Hammer Cardinas. I hope that's close.
Commissioners, before you begin real quick, I also wanted to let
you know Attorney Klatzkow is under the weather today. He's going
to tap out, and Scott's going to take his place.
(Mr. Klatzkow left the boardroom for the remainder of the
meeting day, and Scott Teach is now present.)
CHAIRMAN KOWAL: Okay.
MR. MILLER: Okay?
Ma'am, please begin.
MS. RANSONE: Good afternoon. My name is Gwen. I live on
the opposite side of the wall from Sabal Palm in Verona Walk.
They want to build 423 houses all the way down a two-lane side
street. The road is not conducive to handle this amount of traffic, let
alone the noise that will disrupt our quiet neighborhoods.
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Verona Walk is on the south side of Sabal Palm. Traffic can be
heard. This project will increase pollution and noise levels with cars,
commercial trucks, and around 850 people. These are all negative
effects.
Our area already has issues with power outages and low water
pressure without hurricane interruptions. We have seen an influx of
bears, coyotes, and deer since several communities have been built
along Collier Boulevard. Caymas, Seven Shores, Tamarindo, and
currently a new 184-unit multifamily community on the corner of
Collier and Grand Lely.
Affordable housing, Ekos Creekside, Ekos Cadenza, and
Greenway, all a few miles away from Sabal Palm. How is there a
need for more houses when there has been nonstop housing
developments for six years now? Over 6,000 houses/condos are
presently for sale in Naples.
This project is wrong for the location. If you vote yes, people
on Sabal Palm, Brandy, Morgan, Beagle Lake, Rose Apple, and
Verona Walk will all have to endure the sounds of constant beeping
from construction trucks and loud noises of 423 houses being built
for years. When that is complete, what are we left with? More cars
and commercial cars traveling up and down the street.
I'm asking you to please vote no. I live there. I can tell you how
peaceful and safe it is, how clean the air is when enjoying the
outdoors. Please do not take our good quality of life away from us.
The majority of the residents are veterans or come from a
military family, like myself. We deserve a nice neighborhood.
Leave it as farmland. Fruit, vegetables, plants, and trees can be
grown and are all lucrative businesses.
Thank you for your time.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Jen Hammer Cardinas, and
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she'll be followed by Jean Poll.
MS. CARDINAS: All right. Thank you for giving me the
opportunity to speak today. I'm Jen Hammer Carinas, and I just want
to weigh in on this subject of the Sabal Palm property.
I am very understanding and empathetic to the need for
affordable housing in Collier County. It's a real problem and a real
need; however, I am against rezoning this sensitive area for this
purpose. It's just not the right place.
I grew up in Naples, lived here for 54 years, and I've seen a lot
of changes; some for the better, some not so good. But the trend to
develop our beautiful and unique natural areas has gotten to a critical
level.
The very thing that makes Naples a desirable place to live is
rapidly disappearing. We need to protect natural areas not just
because it's feel good but it also is a safety issue and tourism issue
and safety for our wildlife.
The area in discussion borders the very unique and sensitive
Picayune Preserve. It is a wildlife corridor and a flood zone buffer
area that if developed would increase flooding problems.
And I learned today -- I mean, I knew it was a wildfire area but
didn't realize just what a problem it would be. It would be unfair, I
think, for the purchasers of these properties to be put in harm's way
not only directly from fire but the respiratory issues in being in a fire
zone. That is a real problem.
If this area could be possibly allocated as a buffer preserve area,
it would be a much wiser use of this land.
I do want to say to Mr. Jacobs and to the South Naples Citrus
family, you guys have been wonderful and an important part of our
community, and I wish you guys nothing but the best, and I hope that
we can find some equitable solution. But I really am against this
development.
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Thank you.
MR. MILLER: Your next speaker is Jean Poll [sic]. She will be
followed by Sophie Amaya.
CHAIRMAN KOWAL: To save time, guys, if you would just
want to stage at each podium when you hear your name called, so...
MS. POLLUM: I won't take long. My name is Jean Pollum,
and I've been here since I was nine years old. And Sabal Palm Road
is -- you know, Naples has gotten so busy, you can't hardly find an
eagle in the palm trees by the beaches anymore. I'm talking for the
animals, not for myself, and for my grandkids. I hope they'll be able
to catch like I was -- we used to go catch our dinner at the beach, and
you can hardly find bait fish anymore.
But Sabal Palm, on a cold rainy day, foggy day, you could still
go there early in the morning, and you'll see one of the most beautiful
sunrises. And there's the owls, the red-shouldered hawks, turkeys.
You used to see years ago several -- lots of deer on the side of the
road, and now it's just -- in just this past year, if you'll see Joey
Waves and also pictures from everyone, the birds are just starting to
come back.
And we just keep building everywhere. And I'm just -- I'm
talking for the animals that have no voice, and it just kills me what
we're doing to Florida. I was born and raised here.
Thank you.
MR. MILLER: Your next speaker is Sophie Amaya. She'll be
followed by Damian. And, Damian, you're going to need to give a
last name when you get up here, sir.
MS. AMAYA: Hello, Commissioners and Chairman. Thank
you for attending this meeting to discuss these topics. My name is
Sophia Amaya. I am 20 years ago old, and I have been a Florida
resident my whole life.
I remember my first experience going to the Everglades for a
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school field trip. It was beautiful to see Florida's natures first hand
and seeing the American alligator or the red cardinal. Florida's
wildlife is diverse, extraordinary, and resilient. Everyone should
have the chance to experience it for themselves.
But it is sad to say that Florida's wildlife and habitat has been
tested time and time again. It is easy to forget that for the last 70
years development has been the leading cause for Florida's immense
habitat loss. I'd say that the development, 341 Sabal Palm Road, can
and will be harmful for the longevity of wild spaces in Collier
County. This area is a mix of wetlands, flowways, and farms.
And while me and my group were driving down here, you can
see all the water that resides through and flows through these
wetlands. It is a habitat for endangered species such as wood storks,
woodpeckers, and the critically endangered Florida panther.
There are approximately only 250 or fewer Florida panthers left
in the wild today. Their biggest cause of death is vehicle collisions.
And the development on this area will increase vehicle movement,
resulting in more chances of Florida panthers to be hit and killed.
According to the geo data on Florida Wildlife's official website,
the map shows that panthers do roam around this area. I know it's
pretty small, but I just wanted to kind of show the little graph that
there is on the FWC website.
And in myfwc.com website, there's a panthers pulse section
which highlights panthers on radio collars that have been killed in
2025 alone. The chart shows that almost all panthers in this chart
have been killed by a vehicle. Five out of 14 panthers in this graph
have been recorded to have died by a vehicle here in Collier County.
There's -- I know it's very small, but I just wanted to show some
proof.
And -- so to hear at today's meeting that Florida panthers aren't
seen in this area is extremely confusing, because official FWC
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websites say otherwise.
I also wanted to mention that wetlands are crucial for Florida in
general. With ongoing flooding crises, wetlands actually help to
mitigate and reduce flooding by absorbing excess rainwater.
Developing and adding more concrete will only worsen this issue
because rainwater will have nowhere to go, and it will just sit on top
of the concrete.
This area's also known for wildfires which can threaten residents
and -- on the newly developed area. There are many vacant and
abandoned areas that can be redeveloped or developed instead of
destroying more wild spaces.
I would also like to add -- because I know I have very little time
left, but I wanted to add that I do support affordable housing, and I
think that it can benefit our communities. But I please encourage you
guys to vote no and also to please be considerate over the
environment and for the residents that will be impacted by this.
And I had a couple other things to say, but I just hope that today
we are listened to instead of simply ignored. Thank you for your
time.
MR. MILLER: Your next speaker is Damian. Your last name?
MR. JESUS: Jesus.
MR. MILLER: And you'll be followed by Harrison Black.
MR. JESUS: Hello, Commissioners. My name is Damian. I'm
20 years old. I've been a Florida resident for more than 12 years.
I'm very passionate about animal and nature conservation. I
have fallen in love with the beautiful wetlands, animals, and parks in
this state. So I urge you to not approve the proposed conversion of
the South Naples Citrus Grove of 423 houses.
This property lies in the Florida Wildlife Corridor, borders
Picayune Strand State Forest. It is home to a lot of wildlife that can
be largely negatively affected by this development such as wood
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storks, Red-cockaded woodpeckers, and Florida panthers who are
currently critically endangered and can be at risk of extinction
because of this change. According to the National Wildlife
Federation, there's an estimate of about 200 left as of 2024 and
declining because motor vehicle deaths, which will skyrocket by the
incoming traffic that will take place in these roads.
Furthermore, wetlands being removed can also cause mass
flooding because of the decrease of land to absorb the water.
While I see that they are proposing affordable housing, this
should not cause the County to abandoned its conservation land-use
policies. Instead of building this project, we should direct those
funds towards improving already abandoned buildings and vacant
homes while also decreasing prices. We need both conservation and
affordable housing.
Thank you for your time.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Harrison Black, and he'll
be followed by Evan Black.
MR. HARRISON BLACK: Thank you very much -- thank you
very much, Commissioners, for your time and for hearing all of our
concerns about this issue.
I would like to put forward, for the record, my name is Harrison
Black. I am a wildlife filmmaker and science educator. I've been
coming to Florida, visiting this state for many years, and I
categorically oppose all development of this subdistrict simply
because I've heard through the comments that have been presented
this afternoon a genuine concern for both following procedure but
also preserving the environment and maintaining the ecosystem both
health and services that it provides for us. From your comments, it's
very evident that you have a care and a desire to protect the
ecosystems that we've been so passionately discussing.
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But what I find confusing is that in looking at a citrus grove
whose, as you pointed out, Commissioner, the impact of the
pollution, the impact of herbicide and pesticide use on this land, it
does impact our wildlife, but then to have the solution to these
proposed and stated issues be to develop this land for a significantly
more intense use of that land and presenting more infrastructure,
that's inconsistent with the stated concern for the environment that
we're proposing to protect.
The thing that really benefits ecosystem services and their
ability to help us and maintain the quality of life and the comfort that
we have come to appreciate about living in a place like Florida with
the abundance of wildlife and coexistence with natural systems as
we've developed -- the thing that perpetuates those ecosystem
services is connectivity and healthy function of the ecosystems that
already exist.
Proposing to replace ecosystem services that someone pointed
out have been functional in this area for literally thousands of years,
millions of years on a geological timescale, we can't fix the loss of
those ecosystem services with Band-Aid solutions, the widening of
existing pipes. Human anthropocentric-derived solutions simply
cannot and have empirically demonstrated repeatedly to be unable to
replicate ecosystem services on any sort of cost- or time-effective
basis.
So in your genuine and heartfelt concern for our environment,
we need to consider both practical and scientific standards for what
would make the most sense preserving these lands going forward.
Thank you for your time.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Mr. Chair, your next speaker is Evan Black.
And with your indulgence, the nurse we tried to reach on Zoom
earlier is back and has raised her hand. I think she's ready. If you're
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fine with that, I'd like to take her after this speaker.
CHAIRMAN KOWAL: Go ahead.
MR. MILLER: Mr. Black, three minutes, please.
MR. EVAN BLACK: Thank you very much for your time,
Commissioners.
I wanted to expand on what my brother was speaking about just
a minute ago. This is an area, as you pointed out at the beginning of
this discussion, that you were unsure if the constituents were really
familiar with the area where this proposal is being designated for.
This happens to be a habitat. Both the Picayune Strand State Forest
and the adjacent habitats is an area that I have monitored over many
years and have documentation and empirical evidence of the wildlife
that regularly utilizes this habitat, and it's something that your
constituents here in Collier County clearly feel very strongly about.
So the suggestion to convert that potentially viable conservation
land into a community is, of course, detrimental to the lives of the
wildlife and the people that would then rely on that habitat. So
the -- why we're urging you to reject this proposal stems from our
collective desire to see this habitat be preserved long-term. A
community of this nature would not adequately address the
environmental concerns that we've discussed.
And furthermore, a habitat, once you fragment it further with the
development that's being proposed, it greatly reduces the capacity of
that habitat to provide the ecosystem services that benefit not only the
wildlife but humans as well. It drastically reduces its role as a fire
suppressant and as a water-quality filtration system, as we've
discussed extensively at this point.
So again, please make a decision that respects the will of your
constituents and benefits the environment of Florida's natural heritage
long-term and reject this proposal.
Thank you very much for your time.
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MR. MILLER: Your next speaker joining us on Zoom is Mirtha
Forero. She'll be followed by Will Larkins.
Mirtha, you're being prompted to unmute your microphone. I
see you've done that. You have three minutes, ma'am. Mirtha? Why
am I not hearing Mirtha?
CHAIRMAN KOWAL: Mirtha's eluding us.
COMMISSIONER McDANIEL: It's a sign.
MR. MILLER: I have full audio everywhere. I can see her on
the speaker, but -- her little microphone icon, but I'm not getting any
audio from you, Mirtha. I'm pretty confident this is --
MS. FORERO: Hello. Can you hear me?
MR. MILLER: There you are. Mirtha, you have three minutes,
ma'am.
MS. FORERO: Oh. Good afternoon, Commissioners. My
name is Mirtha Forero. I'm currently in Physicians Regional hospital,
and I wanted to speak in support of the project.
A recent article in Naples Daily News reported median rent in
Naples was at 3,250 a month, and a typical apartment listed for rent
was 44 percent above the state median, meaning someone needs to
make more than 125,000 or $60 an hour, which is well above most
core healthcare workers' salary. The proposed development for
individuals in the health and services fields, an option to own versus
wasting money on renting.
I ask you vote in favor for this project. Thank you so much.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Will Larkins. He'll be
followed by -- is it Tanya Sonos? Am I even close? Yeah, you'll be
here next.
Go ahead, Mr. Larkins.
MR. LARKINS: Hello. My name is Will Larkins. I am an FIU
student. I came here from Miami, among my various friends. We all
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skipped work and class to be here today.
I'm studying sustainability. And I'm here to defend the right of
future generations to enjoy a healthy ecosystem.
So you guys know the facts. There's only about 200 panthers
left. The main cause of death is vehicular collision. If you approve
this development, that's going to lead to more vehicular traffic in
their primary territory which will lead to more panther deaths.
What happens if you remove an apex predator from an
ecosystem? It is something called trophic downgrading. We saw this
happen in Yellowstone. They removed the wolves, and then the elk
overate the grass along the banks, and then eventually the river
stopped flowing, and a whole series of environmental catastrophes
followed.
We don't know the level of damage that killing off the panthers
will cause. Losing just a few more could cause irreparable damage to
the ecosystem.
Mr. LoCastro, sir, you are an elected official. I know you said
you don't really care how many people are calling you because
they're getting their facts wrong. I think you're unfortunately missing
the point completely about it doesn't matter if this is being built in the
Everglades, it doesn't matter if it's being built in a swamp, or if it's
being built in an orange grove. It is going to damage the ecosystem
either way.
And there are people -- the point is you represent your district,
but you also represent Floridians. If a lot of people are calling you,
reaching out, coming up here to talk, that means that people feel very
strongly about this.
I grew up in North Florida. I grew up 10 minutes away from the
edge of a river I could swim in on the edge -- on the edge of a forest.
It's an hour and a half away now to get to the forest from my parents'
house because they've deforested so much.
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It is an issue personal to us because we were watching the place
that we love, a beautiful unique landscape, get destroyed and
poisoned because our elected officials are allowing it. Seeing the
destruction every time I go back home, it makes me sick. It makes
me sick.
And I know you said it's not about passion, but you know what,
you're representing Floridians, and we're trying to protect our home,
because I want my great grandchildren to be able to swim in a crystal
clear river or walk through the Everglades or walk through any one of
our incredible unique ecosystems, and each piece that we kill makes
it worse, right?
So I really encourage you to consider listening to your
constituents and listening to the people in this room, the people who
are calling you. Not all of us have time to do the research like a
lawyer can to get all of the correct facts and information, but we
know that watching our home get destroyed in front of us is painful
to see. Right now imagine being one of those animals that relies on
it, right?
So, yeah, not to mention new developments with manicured
lawns is going to lead to more people putting fertilizer and chemicals
on those lawns which is going to create a much bigger problem than
an orange grove that hasn't been utilized for many, many years, right?
It doesn't matter who owns the property. I don't care who
legally owns the property. This is land that you are taking from our
future generations and from animals who don't have a legal right to
say but definitely should.
The way that we develop in Florida is not respectful to the flora
and fauna. You know, we clear-cut everything and then start from
there. That is not the way to do it. That's what they're going to do,
and I encourage you to vote no on this, please. Thank you.
MR. MILLER: The next speaker I'd call, Tanya, has decided to
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cede her time to Joseph Roca. So Joseph will have a total of six
minutes, and he'll be followed by Dakota Osceola.
MR. ROCA: Hello. How you doing, County -- Collier County
Commissioners, how are you guys? I'm glad to see you here and
everybody who showed up, especially in support of -- or I
apologize -- in opposition of this development.
My name is Joseph Roca. If you guys are willing -- willing to
hear that, this area here that we're trying to develop or is being
propositioned to develop is near the Picayune Strand and the state
forest, as you may have talked about. And you know what, this area
may not be part of the Everglades, the three-million-plus acres that
makes up Everglades National Park or the historical wetlands that
used to flow all the way from Okeechobee River all the way down to
the South Florida Bay, but you know what, I'm -- I'd like to ask you
guys, why should that be an issue as far as not protecting this land?
We've talked about, like, oh, these people aren't thinking about the
actual ecosystems. Why should we worry -- I mean, it's not part of
the Everglades, but it's still part of Florida nature and fauna, and it's
important to protect these areas.
I mean, you guys have a picture out there in the hallway from
Naples back in the 1928s, around that time. It looked a lot different
than it does now, much different.
In fact, we're talking here about how we don't want this area to
turn into Miami; you guys had mentioned that earlier. This is how it
starts. You start with one development putting -- and pushing into
that county line, and now we have overdevelopment out in Miami.
I'm a West Kendall resident, and I live real close to the Krome line
out there. And Miami, it's a very big concrete city. And if you guys
don't want to get to that point, we cannot keep developing the way
we're developing. That's the issue here.
We're dealing with the symptoms of a broken system. We are
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capitalizing, and we're looking for the wrong values. I mean, a
system that prioritizes shortsighted fast money ventures over the
profitable renewables and long-lasting options, it's not necessarily the
best for our future generations.
I mean, I ask you guys -- or I would like to ask you guys to look
outside of our current lifetime. I mean, we as humans are very finite
beings within the overall arcane story of this world. I'd like you guys
to look past your own life and think about your children. How are
they going to react to this? If we start and set this precedent, how
will they go on? We want them -- like, my great friend over there,
Will Larkins said, to be able to enjoy these areas as we keep on
going.
So I do ask you to keep -- that you keep that in mind. And I
would like to note that these ecosystems, when they are provided for
and cared for, not only are they so much more valuable than what our
current system can even appreciate, but they will grow on their own
and provide so many different values that we won't have to
necessarily come in and venture in for ourself.
So if we follow through with this development of these areas at
the expense of the land, the benefits, such as the enhancement of the
water management and all the other ventures that the developers have
mentioned, won't be upset by the destruction of this ecosystem. I
mean, I would love to sit here and only say positive things about the
development. I would like to be able to do that, but the way that we
develop here in Florida is so disconnected from the land itself, and
anybody who has ever been out here and has enjoyed the simplicity
of the humble and beautiful nature out there will understand that. We
don't have to develop the way that we do. There are much more
better ways that will help not only ourselves but the land prosper.
We are not separate from the world and its wild nature of spaces. We
are a part of it.
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I only wish to encourage you all to look past your own lifespan
outside of the current way of doing things, like we just talked about.
I mean, a prescribed burn shouldn't be and wouldn't be a necessity
when you have ecosystems that have grown and adapted to live with
fire.
Some of the people here may look at the property, and it's
farmland that's impossible to restore, but I'd like us to look east just
across onto the Everglades. Down that loop road, there's a
development there, or used to be developed area, that all was
farmland, and it got destroyed. It was -- I mean, that water was
completely gone. Now it has been restored, and we spend countless
days out there enjoying that beautiful nature. It's not impossible, and
it's definitely not out of our reach.
And so the Everglades and adjacent ecosystems, like I said
before, are incredibly resilient. If allowed to exist, they will grow,
which not only benefits us but the nature around them.
I promise you, financially it will be a much better offer turning
that land towards the original habitat and building alongside of it
rather than destroying it.
And lastly, I'd like to note that the jobs being provided, like
hospitals -- hospital jobs, teaching jobs, hotels, restaurants, and
general sole [sic] jobs around, like, Home Depots and Walmarts, like
mentioned before, those are just a few jobs that the developers
mentioned. For the most part, these jobs aren't highly specialized.
Not only that, but some if not all of those jobs, are at risk or have
heavily lost funding due to the current federal institution. The
stability that the families look for in these communities isn't as
clear-cut as they're trying to make it seem in their current political
climate.
Thank you.
CHAIRMAN KOWAL: Thank you.
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COMMISSIONER SAUNDERS: Mr. Chairman, how many
speakers do we have? Just curious.
MR. MILLER: I'm going to guess probably about 25 more,
maybe. I'll take a count when -- while this speaker is going on. I'll
get a better count, okay?
Your next speaker is Dakota Osceola. She'll be followed by RJ
Campons.
MS. OSCEOLA: Hi. My name is Dakota Osceola. I'm a
Collier County resident, and I'm a member of the Seminole Tribe of
Florida.
My mom is Tina Marie Osceola. My dad's Jimmy Wheeler. My
grandpa's OB Senior. He was born in Ochopee at Midway
Campground by his mom, Juanita Cypress, who gave him his clan.
He was born into the panther clan. His father was Corey Osceola,
whose photo is hung up in the Everglades City City Hall. He had a
really good relationship with the Collier family.
My grandpa OB told me they would let them set up villages
anywhere they wanted back in the day. And the last one -- so my
family had camps all over South Florida from all down Tamiami
Trail to Immokalee to Kendall, and one of them got burned down.
Another one is where Treviso Bay is now. One of the palm trees that
is there was planted by my great grandpa, Corey Osceola. He had
one arm.
Treviso Bay is also where I grew up riding four-wheelers,
swamp buggies, and fishing with my dad and my brothers. When I
saw that my favorite place to hang out in the woods was a golf course
and a neighborhood, it broke my heart. I didn't see it coming.
One day they put "no trespassing" signs up. Soon after, the
woods were gone. It felt like a part of my life was gone. That's
pretty much the vibe down here, though, you know. It's
pretty -- that's pretty much what everybody sees who's been from
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here -- who's from here. It doesn't look familiar anymore.
It's an institutionalized concrete elitist mess, and we are really
going to let that -- it's -- okay. So I'm not reading this.
This neighborhood isn't affordable. Like, I don't know who can
afford that. Doctors? Apparently, Rich, right? Doctors are going to
move in there. I guess they are the ones who can afford to live there.
That's really cool.
Yeah, minimum wage is 14 an hour. This isn't going to work.
Say no. I don't know what else to say. I've got a minute and a
half left, but I think I got my point across.
If any -- thank you.
And I want to say thank you to Brad. That was really awesome,
and thank you everybody who came here and spit the facts. Those
facts are facts. Like, we're not making that -- we're not making that
up, you know what I mean? Like, it's not -- it's not going to be better
as a place to house a bunch of people. Like, that doesn't make any
sense. Like, it just -- I don't know. I don't see it -- I don't see that
being something that's worked because it's kind of something that's
been done a lot of times, way too many times, and it's -- and it's
gross.
Like, what else can I say? But I think I'm going to end it here.
We've got a minute left. And everybody get home safe. I know I'm
from here. I don't know how many people on the development team
are from here, but I don't think -- none? Raise your hand. I'm sorry.
Raise your hand if you're from here. Okay. We've got two,
three -- no, you're against it, right? Oh, she's against it, right? So
she's not part of them.
CHAIRMAN KOWAL: Like I say, you're addressing us, but
thank you.
MS. OSCEOLA: Thank you.
MR. MILLER: Mr. Chair, somehow my estimate was right on
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the money. We have 25 speakers left between here in the room and
on Zoom.
CHAIRMAN KOWAL: That's another 45 minutes at least, so
let's take a quick little court reporter break. So anybody got to get to
the bathrooms. Let's take another -- let's make it 15. Let's just make
it 5 o'clock.
(A recess was had from 4:47 p.m. to 5:00 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN KOWAL: Okay. We're going to bring this
hearing back into session, please. So if everybody would take your
seats so we can continue on. I believe we've got about an hour and
15 minutes worth of citizen testimony here.
MR. MILLER: In a break, I did find a couple of the names in
here people had left.
So your next speaker is RJ Campons. And he'll be followed by
Bay Henning.
UNIDENTIFIED SPEAKER: He's not here.
MR. MILLER: RJ's not here.
Bay Henning, and Bay will be followed by Jennifer Hart. Oh,
I'm sorry. Bay's been ceded three additional minutes from Brooke
Beardsley. Is Brooke here?
MS. HENNING: Yeah.
MR. MILLER: So she will have a total of six minutes. When
you're ready, ma'am.
MS. HENNING: Commissioners, hello. My name is Bay
Henning, resident of Collier County. My grandfather, Gary
Beardsley, was appointed by the County Commissioners in the '80s to
help write the original environment protection plan for the
country -- for the County, and this land was marked as sensitive land
and meant to have very little -- very limited development.
My father, Tom Henning, sat as a County Commissioner from
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2000 to 2016. I'm a second -- second generational county resident.
My mother, Brooke Beardsley, was an environmental consultant
in the county for 20-plus years.
The direction of this county is very important to me, so much
that I am here before you today. I'm opposed to this proposal
because it is changing the protection rules, and it is slap in our -- is a
slap in the face of our Growth Management Plan that protects
environmentally sensitive areas such as this property.
Furthermore, if you accept this project, it will cause more
problems down the road. Four homes, as currently allowed, is
reasonable. Four hundred twenty-three homes is not.
Panther habitat needs to be preserved where it originally
is -- originally located.
Commissioners, although my grandfather's health prevented him
from being here, he always spoke highly of the importance of the
commissioners in guiding the future of the environment.
Commissioners, I urge you, as a powerful body, to decide that
this proposed change to the environmental plan is not a good idea.
Speaking of the environment and the ecosystem, the ecosystem,
including ag, is very sensitive and important to the Florida panther as
one -- Florida panther. As one example, if one important species is
negatively impacted, the whole ecosystem can be affected. This is
important because when I grow up, I would love to see all the
animals I saw when I was young and be able to teach my kids how
special and important they are.
My family and I hope -- my family and I hope to continue and
be able to enjoy the ecosystem and animals that live here. Please
eliminate the proposal to the -- please eliminate this proposal to the
Growth Management Plan.
Thank you for allowing me to speak and the opportunity to help
the environment.
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CHAIRMAN KOWAL: Good job, Bay.
MR. MILLER: Your next speaker is Jennifer Hart, and she'll be
followed by Christopher Calvano.
MS. HART: Hi. My name's Jennifer Hart. I represent Naples
Comprehensive Health, NCH. I am the chief cultural officer here at
NCH, and I oversee human resources, including our retention and
attraction of employees.
So I absolutely respect the sentiment that was expressed here. I
am a huge passionate person who believes in conservation, and I
don't -- I don't disagree with many -- the good points you made, but I
will say that I'm very proud to be working for a healthcare
organization that is one of the top hospitals in this country and that
can provide amazing healthcare and excellence to everyone including
here in this room; however, the only way we can do that is if we have
a talented workforce that supports that -- those jobs.
And I do say from firsthand knowledge, we do employ people
that do have a high flight risk because of their either long commutes
to Fort Myers or Coral -- Cape Coral or, ultimately, just give up and
live somewhere else that can be more sustainable for them and their
families.
I think one of the things that this community project does offer
in that affordable housing is a price point that does work for a huge
piece of our workforce, and it also gives them an opportunity to own,
which is not always the option when we talk about affordable
housing.
I will say that I am a mom of four, and I'm a resident in this
community who deeply wants to have healthcare and teachers and
firefighters and workers who can live here and call this place a
permanent home, and I think that is why it is important to us to
consider. I worry that -- I do know that a lot of the people here say
they supported affordable housing but just not here. I'm just worried
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that if we keep saying that we won't have any other options. So thank
you for your time.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Christopher Calvano.
He'll be followed by Julianne Thomas.
MR. CALVANO: Hello, Commissioners. Thank you for your
time. My name is Chris Calvano. I'm a resident of Broward County,
lifelong resident, and I'm also an avid recreational angler and
outdoorsman.
I've been coming here to Collier County for decades now to
camp, to fish, and just to enjoy the beauty of your county, the natural
areas of it. I'm here today to express my opposition to this
development project.
The area that's being proposed for this development and the
surrounding land is all habitat for a myriad of our native flora and
fauna, a number of which are protected.
I know the experts have kind of gone over some species that are
in this area, and I know that we've -- we've talked about the Florida
panther. You know, I think it's -- it can't be understated, you know,
that these animals -- this is one of the rarest and most endangered
mammals in the entire country.
And, you know, there was one just killed about a week ago here
in this county. There were 18 killed last year; 17 were confirmed
from vehicle collisions. And it doesn't seem like a high number, but
when the entire population's only about 200, you know, that gets a
little higher when you do the math. You're looking at about 8 percent
of the entire population was killed in one year. So that's very
important, you know.
And aside from panthers, you know, even in just the last year of
my traveling here and driving along Tamiami Trail, I've seen more
dead animals than I've ever seen in the 25 years I've been coming out
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here. And I mean, all species of birds, native snakes. I've seen dead
gators. So this -- it isn't just about panther, you know. It's about all
the wildlife that you have here.
This development, if allowed, would contribute to the decline of
Florida panthers by eliminating even more of their habitat and
increasing vehicle traffic in this area, further increasing the
probability of vehicle collisions with these creatures.
The implications by allowing this project to happen and
rezoning this area is almost as dangerous as the project itself
happening because this would definitely open the floodgates to urban
sprawl in this area.
Although the area proposed for this proposal may not be a fully
functional farm or citrus grove, it does provide habitat for wildlife,
like many other areas of farmland around the state that have been
designated as conservation lands. There are ways that this area could
be better used and preserved instead of demolished for housing.
I understand and I'm sympathetic to the need for affordable
housing; however, it should never come at the expense of the
destruction of our remaining natural areas, because Florida's
ecosystems and the plants and animal that inhabit them are special.
Please vote to deny the Sabal Palm Road project because the
destruction of Florida's natural areas is often death by a thousand
cuts. A development here, an office building there, a shopping center
here, till there's nothing left. I was born and raised in Broward, and
I've watched this happen over my lifetime there, and to say it's
heartbreaking is an understatement.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Julianne Thomas, and
she'll be followed by Laura Gelly Whittik (phonetic).
MS. THOMAS: Good evening. My name is Julianne Thomas.
I'm here on behalf of the Conservancy of Southwest Florida, and I'll
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try really hard to not talk too fast for you because I know you've had
a long day.
The Conservancy has a long history in protecting our lands
within and around the Picayune Strand State Forest. One of our
historical contributions to Southwest Florida has been assembling this
area into public conservation and to further the restoration of the
Everglades ecosystem through rehydration of these critical lands and
waters. Thus, we must object to the proposed amendment.
The subject property is on the western side of the Picayune
Strand State Forest and is surrounded by preserve and mitigation
lands. In fact, this parcel has been identified as a forest outparcel and
has been identified by the state's Florida Forever Program as an
essential parcel for conservation. This parcel would be better suited
for inclusion in conserved public lands and restored or for it to
continue to be used consistent with its current zoning and allowances
under the existing Comprehensive Plan designation.
This land is sensitive habitat in an important location. That's
why it was designated -- properly designated as Sending Lands. We
don't believe that the designation was in error.
The RFMUD has been relatively successful because landowners
who want to intensify must do so on Receiving Lands, and to get
their additional density, they must secure Transfer of Development
Rights from Sending Lands. If all of a sudden density can be
increased not by acquiring Transfer of Development Rights but
instead through creating new exceptions in subdistrict and RFMUD,
this undermines the very foundation of the program and could
jeopardize future participation in the RFMUD.
We heard the Planning Commission's concerns about eroding
the urban boundary and cutting into the wild and rural areas, and we
agree that these concerns are important and must be considered
because the erosion of urban service boundaries brings light,
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pollution, and traffic into areas not envisioned as urban. This is one
of those areas where urbanization is not appropriate or necessary.
Again, we are not an antigrowth organization, and we
understand how important affordable housing is; however, if you are
going to make affordable housing considerations, I hope that you also
consider the timing of the affordable housing and ensure that this will
be -- that the affordable units will be built at the beginning end of the
project rather than at the end of the project when they may never get
built.
So -- excuse me. Again, this is -- this land is sensitive habitat
and it's in an important location, and we hope that you will deny the
application.
Thank you very much.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Laurie Gelly Whittik, and
she'll be followed by Richard Sands.
UNIDENTIFIED SPEAKER: Laurie left.
MR. MILLER: Okay. Richard Sands. Is Richard here?
Richard's been ceded additional time from Janet Sands. Janet, are
you here? Oh, I don't see Richard or Janet.
All right. Then let's try Jennifer Johnson. Jennifer is here.
Jennifer will be followed by Judith Hushon, and I know for a fact
Judith is here.
MS. JOHNSON: Sorry. I'm nervous. Good afternoon,
Commissioners. Thank you for hearing me today. I'm here to urge
you to vote no on this project.
This project will destroy critical lands, lands that protect
wildlife, filter water, and prevent flooding. These are not just local
features. These are essential for long-term longevity and for our
communities. This area is prone to flooding, and adding 400-plus
homes will increase runoff and strain to infrastructure.
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The developer, SWJR Naples, LLC, is brand new with no track
record, and the -- sorry. Excuse me. PulteGroup has documented
history of construction defects and code enforcement issues in
Florida. Once these lands are gone, we cannot restore them. This is
about protecting our land, our water, and our future generations.
For all these reasons, I respectfully urge you to vote no. Thank
you.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Judith Hushon, and she'll
be followed by Tara O'Neill.
MS. HUSHON: Hello, Commissioners. I'm Judith Hushon.
The Rural Fringe Mixed-Use District, which is where the South
Naples Citrus property is located, was carefully divided by scientists
into Sending and Receiving Lands back in 2002. The map was
upheld during two subsequent reviews which went on, and I sat
through them; chaired one.
The Sending Lands are environmentally sensitive, and they're
designed to be preserved. Now, farmland can be -- is
environmentally sensitive. We take that as a given because we have
considered that around. A lot of these Sending Lands that you take
the TDRs from in the Rural Lands are, in fact, farm fields.
The Sending Lands are environmentally sensitive and designed
to be preserved with only a density of one dwelling per 40 acres
allowed. Development is to be directed toward less sensitive
Receiving Lands using the credits that you get from those Sending
Lands. That is very far from what's being proposed here.
Development is being proposed in the Sending Land, and they are
trying to bribe you into abandoning the County's Comprehensive Plan
with an offer of affordable housing.
We can put affordable housing in other places. There are other
locations -- empty pieces of property in this county.
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Instead of one dwelling per 40 acres, the math for this 167-acre
parcel comes up to 2.5 dwellings per acre. That's very different.
Like this -- land like this serves the needs of agriculture and
wildlife. It is part of the Florida Wildlife Corridor, and it's adjacent
to Picayune Strand State Forest and not far from the panther preserve.
We know people have seen panthers. If not on this property, they
have seen them on the road, Sabal Palm Road. They exist there. You
have to go at dawn and dusk to see them. That's when they hunt.
You don't see them if you go out there at 3 o'clock in the afternoon
and drive down the road. So they're not that far.
Also, littoral plantings are really important. I wouldn't let them
take all the littoral plantings and put -- they're important down where
they're trying to put them to clean up that spillway, but they shouldn't
be allowed to drop off all the other requirements for littoral plantings
around the lakes. That's what keeps the algae off the lakes;
otherwise, you get algae on the lakes.
It also keeps the land from eroding around the edges, and the
land goes down into the lake, and it fills up the lake. Funny thing
about that, we then don't have what we set aside from the South
Florida Water Management District to hold our rainwater. So I just
wanted to say the littoral plantings are also important.
One final thing: Development here will be, again, expensive.
You have to do a lot of -- you have to bring the water. You're going
to have to bring the electric. You're going to have to put in some
things along the road. This isn't a freebie to you. So denying also
carries -- or accepting would carry a cost. Denying does not.
I think there are other things that can be done with this land.
Brad gave you a whole list of good things. And they weren't -- they
were really real things that -- or the kind of things that we should be
considering.
And finally, if you need an expert in environmental transport
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and fatal pesticides, it's me. I did it for 40 years. So thank you.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Tara O'Neill, and she'll be
followed by Jennifer Astling.
Once again, folks, I'd ask that if you're here, please queue up to
the other podium. It might help me let somebody know if they're not
here.
Jennifer Astling. Are you still here, Jennifer?
MS. ASTLING: I'm Jennifer.
MR. MILLER: Oh, you're Jennifer.
MS. ASTLING: Yes, sir.
MR. MILLER: Okay. So the name I called previous to that,
Tara O'Neill, Tara's not here. So Jennifer. Is Todd Lyon still here?
Todd, you'll be next at this podium.
Jennifer, please continue.
MS. ASTLING: Certainly. Thank you all for your time. I
appreciate it.
I'm going to offer you a different perspective than anyone has
had here, at least that I've heard.
To the family of south Orange Citrus Grove, I see you, because
our families have been friends for eons. Your property started in
1978, as you mentioned here. My father bought his first, which is our
home on Brandy Lane, in 1990. The road that you guys are having
issues with is a road that got put together by not only your family, but
mine, by our neighbors, by our things. Not one of you has come and
spoken to me.
The road that you guys are talking about, Sabal Palm, you're
saying that it's already going to open this floodgate. You opened that
with Hacienda. Hacienda now buts up on the back of my property
which was supposed to not be that.
I now no longer have protected Sending Lands behind my home
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in anything other than name.
I have five-and-a-half acres and eight children. I have three
grandchildren. It would not be legal for me to house all of my
children on my own land that I've owned for 32 years. It would not
be legal at this point in time for me to say to you, "I want to sell my
home and house each of my own -- very own children or grandchild
on it," but you want to house over hundreds of people on this land.
You can tell me, sir, gentlemen -- Rick, sir -- I'm sorry. I'm
going to say this directly to you. You can tell me that I'm saying
wetlands wrong. You can tell me I'm saying Everglades wrong.
Four o'clock this morning on my property, adjacent to this property,
there were bears, there were boar, there were animals, and there are
every morning. There are all the time.
I adore what this family has gone through. They have been
wonderful to my father. They have been wonderful to us. I lost my
father two years ago. Forgive my voice with this; however, I hate to
tell you, but this is a matter of greed, because 35 houses will make all
five of your owners or six of your owners very wealthy people as the
world has buying your produce, as we have on your road helping to
make sure that you stay profitable when farms were burning.
CHAIRMAN KOWAL: Ma'am, ma'am.
MS. ASTLING: Sorry.
CHAIRMAN KOWAL: You're addressing the Board of County
Commissioners, please.
MS. ASTLING: I apologize. I'm going to say this to you, and
the only reason I am saying this to you is there are a million other
options that have not been out there. I have not seen a single one of
your commissioners come out and speak to any of us that are owners
on Brandy Lane.
Our land is the land that's going to be flooded. It is our land that
when you choose to do your control burns, if this goes through, that
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we be what gets burnt.
You have a 10-foot wall. There's no 10-foot wall around my
five and a half acres. The woodpeckers that you guys are not
speaking about or the animals that you're brushing off so callously,
all of them have lived here longer than most of you have served on
this board.
My children deserve to have a future that's the same as their
children and yours. We take this land away, and not only do the
environmental protections that we have for that land, but the fire
takes us over. I've lost my home twice to fires out there. The reason
that there's no fire protection, sir, is because you can come out there
and put maintenance on that road instead of the farmers that did it,
instead of the homeowners that did it, and your fire protection that
you're so concerned about would still be there.
But 35 houses at affordable housing would still be a benefit.
$120,000 as a single mom wouldn't get you into any of these houses
that we're speaking about. You're talking people that make more than
$40 an hour. That's not this area. That's not these people. We are
farmers. We are people that have lived off this land for years, and
that deserves just as much protection as a dollar sign.
CHAIRMAN KOWAL: Thank you.
(Applause.)
MR. MILLER: Your next speaker is Todd Lyon. Todd will be
followed by Chris Briggs.
MR. LYON: Good evening, and thank you for having us,
Commissioners, today. My name is Todd Lyon. I wear many hats in
Collier County. My day job is that I'm vice president of people and
culture at NCH. As my colleague Jen Hart said, we are 4,500
employees, the second-largest employer in Collier County after the
Collier County Public Schools.
I moved to Naples about 11 years ago, at the time in a
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relationship with a mental health counselor. I was a healthcare
administrator. Our combined gross income was $112,000.
We lived with my parents in their condo in Sterling Oaks in
North Naples so we could get our feet underneath us to be part of this
community that I have now come to love.
I currently serve on three non-profit chairs and two advisory
boards here in Collier County, and I say that because I was given the
opportunity to grow in my career and my service here.
One of the committees that I get to serve on is the Affordable
Housing Advisory Committee. I was just elected to my second term.
I've served for two years. I'm about to serve for another two years. I
will say that one thing that actually is incredibly encouraging about
today is the passion I am hearing from residents of Collier County
and Florida at large, whether they're here to want to conserve their
land, their property.
I have to speak to where my passions are and what I feel my
duty is, and my duty is to create a safe community but also a
community that offers services so that we can continue moving
forward.
Through AHAC, we hear, see, and evaluate several projects;
many of them are rentals. That's a huge piece. This year for the first
time at our benefits fair at NCH we brought in both Habitat for
Humanity and a rental company to give that offer as a benefit to our
employees because we are desperate to retain them. It's very hard for
them to commute to and from Broward and Lee, and they leave us,
and when they leave us, it creates cost, and it creates inconsistency,
and it can create things that are not safe.
So having heard so many proposals of so many
different -- different -- from different companies and different plans, I
do think that it's sometimes hard for everyone with their internal
passion to take a step back and look at the bigger picture. Just
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because I want a viable workforce that has affordable housing doesn't
mean that I don't care about the land and I don't care about people's
homes.
But what we constantly hear here is that if it's -- I want this
initiative but not where I live. I want this but not where I live. We
need to as a community decide where we can do this, and we need to
make it continue to happen.
So I will continue to always advocate for affordable housing for
our workforce. I see these people every day when I get my coffee,
when I drop off my dry-cleaning, when they wait our tables, when
they're the nurse that sees -- that sees me at the hospital, or it's the
teacher or bus driver that takes my daughter to school.
So thank you-all for your consideration of this. I respect any
and all plans of affordable housing that come forward, but I think that
the right thing to do in this situation is to move forward. Thank you.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next -- your next speaker is Chris Briggs,
and she'll be followed on Zoom by Ian Clausen.
Chris was ceded three additional minutes from Cardinal
Alfonso. Is she still present?
(Raises hand.)
MR. MILLER: Yes, she is back there. So Chris will have a
total of six minutes.
MS. BRIGGS: Thank you for your service as Commissioner.
I'm sure at this point you're having a few regrets.
CHAIRMAN KOWAL: People's work.
MS. BRIGGS: I would like to say that I have been amazed by
the passion of the young people and some of the older people who
have been here for 40 years and know what the hell they're talking
about. That passion needs to be listened to. The passion is all on one
side on this issue, and that is for conservation.
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If you want an issue that brings us all together, vote no on this
proposal. Vote yes for conservation.
I came here as a democrat and became an independent and a
nominal Republican, but I will tell you that the one thing that brings
us all together no matter what our political affiliation is, especially as
we age, and clearly when you're young, is passion for the
environment, awareness of creatures that are not us.
You know the upset that happened in 2023 when you had
reasons for taking money from Conservation Collier to stop tax
increases. This is your chance to show that you have now heard all
of us and understand how important conservation is to bring us
together, and that's going to be really important in the future if we get
the onslaught of people that you're anticipating that will generate this
need for new homes.
But now I'm going to go back to my script, and I have three
major points. First of all is, okay, you know that according to the
Community Foundation, a whopping 63 percent of residents are
worried about unchecked growth and development. That's a
tremendous increase in, like, seven years from 2018 when fewer
than -- when only 38 percent were interested.
So do we have a home shortage right now? Okay. According to
homes.com, there are over 16,681 homes available for sale in Collier
County with prices having declined as much as 17 percent.
In addition -- and I don't envy you guys as
commissioners -- Collier County faces significant infrastructure costs
with the combined five-year funding shortfall of over 649 million for
critical road and stormwater projects. Is this the time to be building
new homes that need new roads and more stormwater? Perhaps not.
Third, 36 percent of our population is over 65. I'm in that group.
Trust me, their homes will be available in about 20 years. Do we
really need more homes?
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I am all for providing homes, affordable homes, especially for
workmen in our county. But why can't we do what other Florida
towns do? Do you know that they use their land trusts to actually buy
homes that are foreclosed, and then they repurpose them as
affordable homes for people from all ranges, including the passionate
woman who lives in the Sabal Palm area with four kids to the doctors
that might be beginning and that we're hoping to attract.
So my first point was I think -- although I'm not an expert -- I
can go and scroll the Internet -- that maybe we don't have the housing
crisis that an argument has been made for.
Second, are there alternatives to the Pulte development? Well,
today we learned there were. Brad Cornell, the Audubon Society,
gave us a lot that were realistic. And I have one that's probably not
realistic but I am trying to pursue.
So you have a choice. There are two conflicting visions for you
as commissioners. Do we continue to support what appears to be
unchecked development, or do we add to Naples' appeal as a tourist
destination? I vote for No. 2, because after all, the Paradise Coast
generated $57 million last year in tourist revenue.
So here's an idea out of the box. Why not create an orange
grove as an educational facility? It could also be a worthwhile
experiment. Florida citrus production has dropped more than
90 percent in the last two decades, a blow for the state's economy and
cultural identity.
Thank God somebody else gave me three minutes.
Okay. The Commissioners could take the lead in replacing the
dead trees with new citrus greening-resistant trees promoted by the
U.S. Department of Agriculture and the University of Florida. And
yes, I have talked personally to Matt Mattia who works for United
States Department of Agriculture as a geneticist. He's published
articles.
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I'm going to stop till the beeping stops. He published articles on
this --
CHAIRMAN KOWAL: You know that was your six minutes.
MS. BRIGGS: Was it really?
MR. MILLER: That was your six minutes.
CHAIRMAN KOWAL: Yeah. He sets the timer for whatever
you have. But go ahead and bring -- land your plane, please.
MS. BRIGGS: Okay. My nephew is a deputy administrator of
the U.S. --
UNIDENTIFIED SPEAKER: Let her go.
CHAIRMAN KOWAL: I am. I'm letting her kind of bring it to
a landing here.
MS. BRIGGS: I'm sorry. I just thought it was three minutes.
You get the gist. But the gist is, let's think outside the box. I've
already approached one millionaire, the Bakers, to see if they might
go into a plan to help buy this, but I didn't do my research. They
weren't environmentalists. I will personally go out and beseech
others to -- but think outside the box. If -- and the owners -- I'm
sorry, guys, but perhaps --
CHAIRMAN KOWAL: Ma'am.
MS. BRIGGS: -- you have an ethical --
CHAIRMAN KOWAL: Ma'am, once again, you're addressing
the Board of County Commissioners. Let's don't make it personal.
MS. BRIGGS: Okay. My last point is simply that we have
supported -- we who live in the area have supported the owners and
their orange grove, and we would like to see them listen to us as a
community. I have more than 2700 residents in the area who signed
a petition saying please say no. And if you're more interested in
ideas --
CHAIRMAN KOWAL: Thank you, ma'am.
MS. BRIGGS: Thank you for giving me additional time.
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CHAIRMAN KOWAL: You're fine. Thank you.
MS. BRIGGS: I'm sorry I was so confused.
MR. MILLER: Mr. Chair, the rest of our speakers will all be
joining us on Zoom. First is Ian Clausen, and he'll be followed by
Matthew Schwartz.
Ian, you're been prompted to unmute your microphone, if you'll
do so at this time. Ian Clausen. Ian, you're being prompted to
unmute your microphone, if you'll do that at this time. Last call, Mr.
Clausen.
All right. Let's move along on Zoom and try Matthew Schwartz,
and he will be followed by Patty Whitehead.
Matthew, I see you have unmuted yourself. You have three
minutes, sir.
MR. SCHWARTZ: Thank you. Can you hear me --
MR. MILLER: Yes, sir.
MR. SCHWARTZ: -- Commissioners?
All right. I'm going to just reiterate -- this is Matthew Schwartz
with South Florida Wildlands Association -- reiterate just a little bit
about -- the Rural Lands Stewardship Area is the balancing of
conservation with development in Eastern Collier County.
And according to the County's website, Stewardship Sending
Areas, SSAs, can be approved for preservation purposes creating
credits to entitle Stewardship Receiving Areas, SRAs, typically
towns, villages, et cetera. The credit system is designed to
incentivize preservation of the most important environmentally lands
including large connected wetland systems but also significant habitat
for listed species.
I've spoken many, many times to both this Commission and the
Planning Commission about projects in rural parts of the county that I
believed were too important as wildlife habitat and specifically as
habitat for our endangered state animal, the Florida panther, to be
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developed.
In each of those cases, including the Town of Big Cypress,
Brightshore Village, Bellmar Village and others, the projects were
approved. And the main rationale for those approvals were that the
projects were in conformance with the County's RLSA program put
in place more than 20 years ago.
I was told, even admonished by -- that the develop -- by the
Commissioners that the developers were following the rules, and we
cannot change those rules simply because an environmentalist or
wildlife lover has objections.
In this case, the rules are not being followed. The orchard in
question has been designated by the County itself as a Stewardship
Sending Area based on its location in far Eastern Collier County, the
furthest east that any development in this area has ever gone, and
adjacent to the Picayune Strand State Forest. It's near the other
critical public lands such as Fakahatchee and the Big Cypress.
It is vital panther habitat and wildlife habitat in general, and
years of panther science, including from the people who created the
primary/secondary zones, et cetera, that active ag lands -- ranches and
ag lands found through -- are found throughout the primary zone of
the panther and utilized by the species during night hunts that could
take up -- that could cover 20 miles. All this land has the designation
of Primary Panther Habitat.
The developer is now asking that his property status be changed
from Sending to Receiving and that these 423 residents on Sabal
Palm Road, a road that is currently used almost exclusively for access
to the Picayune Strand State Forest, not even paved, be allowed to be
built. This Commission -- I've used it many times to go into that
area.
This Commission has touted the RLSA program as the answer to
Collier's dilemma between growth and preservation. Turning the
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program on its head now because someone has asked you to do so is
not the way to move forward.
The decision would undermine the County's commitment to
sound development. What's good for the goose is good for the
gander. Support your own RLSA program, use the same line you
have used on other projects and what you have told me, and say no to
a development in an area that has a critical importance -- critical
importance to the future of wildlife and habitat in our state.
I have a little bit of time left maybe. Population of Collier
County in 2000 Census, 251,000. The estimated population in 2025,
about 422,000. Significant. If you want to look like your sister
kind-of-mirror county to the east, Broward County, that's a decision
your constituents do not want, and I guarantee you, as ground zero
for the Florida panther, the only puma species in the Eastern United
States, wildlife lovers, wildlife scientists do not want that to happen
either.
CHAIRMAN KOWAL: All right, sir, if you can bring it -- sir,
if you can bring it to a landing, please, because your timer went off
already, your three minutes.
MR. SCHWARTZ: Oh, I'm sorry. I didn't hear that.
CHAIRMAN KOWAL: That's all right.
MR. SCHWARTZ: Let me just give you the definition
of -- Browardization is a term used primarily in Florida to describe
the negative consequences of rapid, poorly planned urban
development and auto-dependent sprawl. It is a pejorative term used
by growth control advocates to warn against overdevelopment.
You're getting the warning now. Let's not go that way. Thank you.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Patty Whitehead. She'll be
followed by Rhonda Roff, and then I must tell you Ian Clausen has
his hand raised. I take it that means he's back in front of his
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computer, so we'll go to him after Rhonda.
Patty, I see that you've unmuted yourself. You have three
minutes, ma'am.
MS. WHITEHEAD: Yes. Can you hear me pretty well?
MR. MILLER: Absolutely.
MS. WHITEHEAD: Okay. I'm going to just turn up my
microphone -- excuse me -- or my speaker, thank you.
Good evening, Commissioners. My name is Patty Whitehead. I
represent the Responsible Growth Management Coalition here in
Southwest Florida.
We're here to state that we want no adulteration, no perversion
of the RLSA and RFMUD program. We are against allowing
developers to create their own wish list land-use changes within
subdistricts in Collier County's most ecologically and
environmentally sensitive areas regardless of the prior use of the
subject land area.
Yes, Sabal Palms is ag land, but it is also designated RLSA
Sending Land, open space, green space vital to our far-ranging
critically endangered and very precious Florida panther.
This land in its current state also provides vital buffer protection
to the rich bio-diverse Picayune Strand and the Hacienda Lakes
conservation lands which supply our aquifer and which surround this
tract.
Furthermore, this land is ripe for ecological restoration, and it
would be a key puzzle piece acquisition for Conservation Collier to
add to and enhance the expanse of native ecosystem diversity and
aquifer protection afforded by Picayune Strand.
The development plan presented by the developer is a serious
and significant intrusion, encroachment of urbanization beyond the
bright line urban growth boundary. And those are the facts,
regardless of how the developers' consultants use illogical mental
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environmental gymnastics at the podium. And I shall add it's really
disappointing to see someone like Wayne Arnold cheerlead for this
project. The Wayne Arnold I remember is a gentleman who in 1996
led the Arnold Committee and wrote the Arnold Report to protect
Southeast Lee County's DR/GR, priority one panther habitat, from
high density growth and urbanization.
Sad to see someone who was such a champion on protecting Lee
County's rural and conservation lands now consulting for developers
and landowners seeking from this county easy land-use designation
changes on pieces of vital Sending Lands that are core to the Eastern
RLSA area and are critical to maintaining the value, integrity, and
significance of the RFMUD program.
As we know, developers want these changes to Sending Lands
only to fulfill their personal financial aspirations, not because it
makes sense to the foundational guiding principles of the RLSA
program which strives to protect the most ecologically sensitive areas
of our Western Everglades, our endangered panther population and
their dwindling habitat, habitats so vital for other imperiled species
and our groundwater resource areas essential to supporting the
growing human population in our area.
Commissioners, you are setting a terrible precedent if you
approve this project, a precedent that drives a nail in the coffin of the
RLSA program and makes a mockery of the value of Sending Lands
that are so vital to the ecological and environmental integrity of
Eastern Collier County.
The County's own staff report from the Sabal Palm's land -- for
the Sabal Palm's lands clearly states, quote, "Sending Lands are those
lands that have the highest degree of environmental value and
sensitivity and generally includes significant wetlands, uplands, and
habitat for listed species."
The proposed subdistrict is also located within the BMHEO,
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which stands for Belle Meade Hydrological Enhancement Overlay,
which is to restore natural flowways and rebalance freshwater flows
into two natural systems, Naples Bay and Rookery Bay. Naples Bay
has been adversely impacted over the years due to abundant
freshwater from the Golden Gate Canal and Rookery Bay.
I urge you today, please reject and deny this development
proposal on this piece of land to save the environmental values of
Eastern Collier County for future generations.
Thank you for your time.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Rhonda Roff, and she'll be
followed by Ian Clausen.
Rhonda, you're being prompted to unmute yourself. I see that
you've done that. Rhonda, you have three minutes.
MS. ROFF: Can you hear me okay?
MR. MILLER: Yes, ma'am.
MS. ROFF: Great. Wonderful. My name is Rhonda Roff. I
live in Clewiston actually on the Big Cypress Seminole Reservation.
I am the conservation chair for the Sierra Club Clusia Group which
has 2,000 approximately members in the Southwest Florida
four-county region. I'm speaking on behalf of them.
I am actually very sorry to hear the story of the citrus industry in
general -- we have the same problem in our area -- and the family that
has worked the land for as long as it has. What I am really sorry to
see is that the County hasn't provided the family with enough options,
other options. Conservation Collier hasn't stepped up, and I heard the
reasoning before. It was because they can't unless a landowner
requests it. I know Brad Cornell went through a few other options
that could have been exercised.
But at the very least, this discussion needed to have a few
options, a few different possibilities other than just development or
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no development, because no development leaves the family with
nothing.
I heard you say that this land was going to be very expensive for
Conservation Collier, and I wonder how much of that is because it's
contaminated. I heard on one hand that a citrus grove was
established on upland because they can't live in the wet, and then I
heard that this is very wet, and all of that contaminated
pesticide/herbicide fertilizer water was going to have to be pumped
off, but it would have to be treated. So I don't know really which is
true. I think there's a disconnect here between the different scientists
that are speaking about this.
When I look at the aerial map, I see possible habitat for -- I
mean, not passable as in just good enough. I mean habitat that is
perhaps migratory corridors for, as Matthew Schwartz was saying,
our state mammal which is very endangered right now.
Bears. I heard you talk about bonneted bats. Wading birds,
those can probably currently not only migrate through there but also
feed in that area.
So what will happen? Look at what it is right now just from the
eye of, say, an animal. What will -- what does this look like now?
It's dark. It's untrammeled. And now it's going to be covered with
lawns, lights, streets. Will those lawns be treated with fertilizers?
Will they -- will herbicides be running off? Will the residents be
required to use bear-wise principles? We hear lots of problems with
bears. We just had a bear hunt. That was devastating to the
population, which we don't even know because FWC does not have
the numbers.
There are a lot of things we don't know about what wildlife
needs, but carving up and removing their habitat is never a good
thing. So I'd hate to see all of this area interrupted.
CHAIRMAN KOWAL: Thank you.
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MS. ROFF: Wait -- and just one more thing.
CHAIRMAN KOWAL: Your time just ran out. Sorry.
MS. ROFF: Okay. I just think that the mitigation tends not to
work.
So our Sierra Club would like to see a no vote on the rezone.
Thank you very much.
MR. MILLER: Your next speaker is Brooke -- or excuse
me -- Ian Clausen, and then he will be followed by Brooke Gaebe.
Ian, you've been prompted to unmute yourself, if you can do that
for us at this time. There you are. Ian, you have three minutes, sir.
MR. CLAUSEN: Thank you. Can you hear me?
MR. MILLER: Yes, sir.
MR. CLAUSEN: Good afternoon, Commissioners. My name is
Ian Clausen, a real estate broker on Marco Island, and I am speaking
in full support of the proposed changes and development of the Sabal
Palm property.
As a real estate company with deep roots in this community
since the early '60s, our family sold the first 10 lots on Marco Island
for the Deltona Corporation when we heard -- held the franchise for
all of Latin America.
My father, who recently retired, also played a significant role in
selling and developing several key properties in this area, specifically
Marco Island. He sold the last commercial beach lot on Marco Island
where the Somerset Condominium now stands. His clients were
from Venezuela.
He brought together various owners -- overseas owners mainly
from Latin America to sell what is now known as Veterans Park,
which was eventually sold to the City of Marco Island. He
coordinated with different owners, once again, from South America
to sell and develop property known today as Villas at Waterside.
Over the years, there have been many other meetings and
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developments that he's attended, and I've continued this work as well.
As a company, we firmly believe that property owners have the
right to make changes to their properties. What we see today is a
result of people like my father guiding property owners towards the
best use of their land as Collier County has expanded and evolved.
Furthermore, the proposed changes at Sabal Palm would not
only benefit the owners but also contribute to the growth and appeal
of our county by providing much-needed affordable housing. This
initiative represents a significant opportunity for progress, and I
encourage you to consider the positive impact it can have on our
community's future and to vote in favor of this plan.
Thank you for your time.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Brooke Gaebe, and she'll
be followed by Laura Torres Fernandez.
Brooke, you have been prompted to unmute yourself. I see you
have done that. You have three minutes, ma'am.
MS. GAEBE: Okay. Thank you.
My name is Brooke Gaebe. I'm a former guide in Big Cypress
National Preserve. I used to volunteer for the Florida Trail
Association guiding swamp walks and one time, for about five
minutes, I had the privilege of sitting by a campfire with a majestic
and beautiful Florida panther. I'm 100 percent certain that this
proposal is a major threat to their existence on this planet.
I also want to note that the developer here doesn't seem to have a
good track record. A really quick Google just to the Wikipedia page
alone informed me that the Florida Attorney General fined them
$4.7 million for -- to make repairs and restitution for bad homes.
Fifteen to 18 panthers died last year. Half of all of these deaths
were in your county. If anyone should be stepping up and doing
more to protect these beautiful creatures and ensuring that they
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remain on earth, it should be you. And this proposal seems to fly in
the face of that intention.
I know that to me with all that I know about Big Cypress and
these creatures, this proposal reads like -- more like a pathway to
extinction. And I know a lot of people outside of Florida care about
whether these animals are able to continue to exist on this planet.
To me this proposal sounds like a handout to the farmer and the
developer and disguised as affordable housing at the expense of
creatures that are about to disappear. It's heartless. I can think of a
million different ways to provide affordable housing. If you want to
talk to me, please feel free to reach out about that.
It shouldn't be housing versus conservation. A good democratic
government will do both. A good democratic government listens to
their citizens and doesn't scold them for being passionate.
You know, I feel like this is like an "only in Naples" kind of
thing, like, where a doctor and people making over $100,000 a year
get homeownership and you call it affordable housing.
I'm asking you to please deny this proposal. Please have a heart.
Please ensure these creatures can stay on earth. I love them. Please
don't do this. I'm begging you, please.
Thank you for your time.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Your next speaker is Laura Torres Fernandez,
and she'll be followed by Matt Adams.
Laura, you're being prompted to unmute yourself, if you'll do
that. And, Laura, you have. Laura, you have three minutes.
MS. TORRES FERNANDEZ: Okay. Can you hear me?
MR. MILLER: Yes, ma'am.
MS. TORRES FERNANDEZ: Great. Members of the Board,
thank you for allowing me to speak. My name is Laura Torres
Fernandez.
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I'll keep it straight to the point. The applicant proposes over 400
new homes on approximately 169 acres emphasizing that six acres
will be used for littoral plantings and about 10 acres of native
vegetation will be preserved, 16 acres total.
Framing this as meaningful conservation is misleading.
Preserved land does not function in isolation when it is surrounded by
more than 100 acres of housing and before that 100 acres of
construction. Clearing, paving, lighting, draining, and permanent
alteration of the majority of the site cannot be offset by setting aside a
small fraction.
We are also told that because this land is a citrus grove that is no
longer producing, it has little value unless it is developed. I strongly
disagree.
Land should not be valued solely for its industrial output. When
farmland is no longer economically viable, that is not an argument for
paving it over. It is an opportunity to allow the land to recover,
re-wild, and serve an ecological purpose that is increasingly rare in
this region.
The claim that this development will provide affordable housing
for students or nurses working miles away does not hold up. These
homes will be for sale, not for rent, and in today's market, even with
down payment assistance, the idea that most college students or
working nurses can afford a newly-built townhouse is unrealistic.
This is speculative development.
If you want affordable housing and a quick commute, make the
housing that is already developed affordable.
Rural Fringe land is intended to function as a buffer, not as a
temporary placeholder awaiting urbanization.
I also want to acknowledge the family that owns the property. I
understand they are of retirement age and feel they have no viable
option but to sell. I sympathize with that reality, I do; however,
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development should not be fast tracked simple because conservation
efforts have not yet made an offer. Many people are only now
learning about this property because of the public outcry. If the
County does not wish to take on preservation costs, there should be
time and transparency for conservation organizations or
public/private partnerships to come forward as they have in this
meeting.
While this land may not be officially designated Florida panther
territory, ecosystems do not operate within meet boundaries. Fringe
areas matter, even if they're not the Everglades or conservation lands
or wetlands, Mr. LoCastro.
Even if this location is not their ideal environment, that does not
mean the panthers are not there, as Mr. Cornell pointed out.
Encroachment increases human/wildlife conflict and destabilizes the
broader ecosystem. Even strict mitigation is not better than avoiding
development altogether. It is the difference between buying carbon
offsets and not polluting in the first place.
Finally, there are known flooding and infrastructure issues in
this area, which the proposal claims it will address. If these
improvements are necessary and publicly supported, why must they
be tied to a large housing development? Why can't roads be
improved and water systems restored through public investment?
This same question applies to the environmental enhancements being
touted.
Much has been made of exceeding minimum requirements
today, but addition mitigation does not make an unsuitable project
appropriate. These are no gold stars for extra credit. This board has
the opportunity to pause, reassess, and choose long-term stewardship
over short-term development. Once this land is gone, it is gone. I
urge you to deny this proposal and allow space for better, more
responsible solutions to emerge.
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Thank you.
CHAIRMAN KOWAL: Thank you.
MR. MILLER: Mr. Chair, we move to our final registered
speaker for this item, Matt Adams.
Matt, you've been prompted to unmute yourself, if you'll do -- I
see that you have, Matt. Matt, you have three minutes.
MR. ADAMS: Hey, everyone. Can you hear me?
MR. MILLER: Absolutely, sir.
MR. ADAMS: Awesome.
Thank you, everyone, and I appreciate everyone coming here
and listening to everyone speak.
I strongly urge you to deny the proposed plan for 341 Sabal
Palm Road. This land is currently used by a variety of species,
including the Florida panther, which is less than 200 individuals
remaining in the world.
This animal is an icon of Florida, and we must take any chance
we can of protecting it, which soon it may be too late.
Vehicle collisions are the No. 1 cause of death of panthers.
Personally, I get the email alerts for Florida panthers, and it seems
like every other week there's at least one alert of another dead
panther, and the cause is always vehicle collision, and it's always in
Southwest Florida.
Adding this number of houses will increase the likelihood of
vehicle collisions with panthers because of the number of people and
the additional roads closer to nature. This is especially important
since this is a piece of land that has been confirmed to have been used
by panthers.
Their other greatest threat is the loss of land. Their range is
already so limited and is cut off by roads and developments. And any
loss of land is detrimental to the species.
Additionally, this is being touted as an affordable housing
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development; however, only 8.25 of the 169 acres will actually be
used for the affordable housing portion. The majority will not be.
Affordable housing is important, but it should not be a good excuse
for destroying this important land since the main goal of this
development is not affordable housing but developer profits.
The land also may be mostly farmland and may not technically
be conservation land, but it is still important for the animals, and it is
connected to the state forest. And as we know, wildlife actively use
this area of the land.
If this is developed -- even if it is not, like, restored completely
to natural land, if it's not developed, it still has value as land for
wildlife.
Additionally, this developer, PulteGroup, also killed protected
gopher tortoises a few years back on the development and destroyed
22 protected gopher tortoise burrows, pleaded guilty, and received
fines for this. This isn't a great track record, and they should not be
trusted to uphold their environmental commitments for this project if
it is approved. They may claim they are bettering the environment,
but I think we all know that they aren't.
They claim that this development will actually benefit the
environment, but I think we all know that it won't. More
development never actually benefits the environment.
Please deny the amendment and deny this development. Thank
you.
MR. MILLER: Mr. Chair, first meeting of the year and my first
mistake.
CHAIRMAN KOWAL: That's all right.
MR. MILLER: My complicated system here of marking who
has spoken already failed me. We actually have two more speakers.
The first is going to be Tiffani Mensch, and Tiffani will be followed
by Margaret Bradley.
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Tiffani, you're being prompted. I see you've done that. My
apologies, Tiffani. You have three minutes. Please go ahead.
MS. MENSCH: No, that's okay. Thank you so much. Can you
hear all right?
MR. MILLER: Absolutely.
MS. MESSAM: Perfect. Good evening, Commissioners.
Thank you for the opportunity to speak today.
My name is Tiffani Mensch. I'm a resident of Naples, and I
serve as the president and CEO of the United Way of Collier and the
Keys. I'm here to express our strong support for the proposal at
341 Sabal Palm Road.
United Way of Collier and the Keys' mission is focused on
supporting ALICE families, Asset -- ALICE is an acronym that
stands for Asset Limited Income-Constrained and Employed. And
the ALICE data captures households who are working often multiple
jobs yet still cannot afford the true cost of living in our community,
including housing, childcare, transportation, healthcare, food.
In Collier County, ALICE data shows that a family of four needs
to earn well over $100,000 a year just to cover their basic necessities.
That's not getting ahead. That's not savings but simply to just get by.
Forty-three percent of families in our community fall below that
ALICE threshold, representing a significant portion of our workforce.
These are the people who teach our children, they care for our
loved ones, they protect our community, and they keep our
businesses running, yet many experience ongoing financial instability
and, you know, they're forced to commute long distances because
homeownership in Collier County remains out of reach.
One of the biggest challenges ALICE families face is access to
affordable, attainable for-sale housing. Many earn too much to
qualify for housing assistance but not enough to purchase a home at
today's prices, and as a result, they remain stuck in high-cost rentals.
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They're unable to build savings, equity, or long-term security.
So that's why affordability commitments included in this
proposal are so important by expanding the number of
income-restricted for-sale homes, deepening affordability to reach
working families, and pairing these homes with down payment
assistance for essential service personnel. I mean, this proposal is
such a meaningful step forward towards making homeownership
attainable for the people our community depend on every day.
There are broader community benefits. You know, the
people -- when people work and live in Collier County, we reduce
traffic congestion, shorten commute times, ease strain on
infrastructure, and help employers address workforce shortages while
keeping local dollars in our local economy.
And while no single project will solve our housing challenges,
right, this represents a probable and meaningful step forward and I
think demonstrates what's possible through thoughtful public/private
partnership.
United Way of Collier and the Keys believes our community is
strongest when the people who serve it can afford to live in it. And
for those reasons, we respectfully encourage your support of this
project.
Thank you for your time and leadership.
MR. MILLER: And we'll try this one more time. This time
your final speaker is Margaret Bradley.
Margaret, you're being prompted to unmute yourself, if you'll do
this -- do so at this time. There you are, Margaret. Margaret, you
have three minutes.
MS. BRADLEY: Okay, thank you. My name is Margaret
Bradley. I'm a Florida resident who listened to the October 2nd
Collier Planning meeting and today's meeting regarding the Sabal
Palm grove, and I'm passionate on -- in support of the project.
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I met the family who owned the grove when I was 12, working
at their farm stand in Illinois. The whole family worked long days.
And one son, who was nine at the time, is now my brother-in-law.
They've been farming in Illinois in the summer and Florida in the
winter for over 40 years.
I first visited the Collier County grove in the early '80s when the
family was clearing the land, and there was literally nothing there.
951, now Collier County [sic] Boulevard, was a narrow two-lane road
surrounded by native vegetation that was pitch black at night.
At the Planning Commission -- at the Planning meeting, one
commissioner said he was voting a token no on the proposal, as it
was nibbling away at conserved land. If anything, though, the grove
was the first developed nibble, as farming drastically alters the native
landscape.
Everyone keeps talking about the land east of the grove, but less
than 700 yards west are extensive developments that have already
eliminated much of the native Florida landscape and habitats.
And because it had been long developed as a grove, it never
really met criteria as a Sending region in 2002. That designation
seems arbitrary, especially since no other farms, including a much
large one in the same region, were designated as environmentally
sensitive regions.
Comments about the County respecting and the farmers
maintaining the property as Sending depend on the land being
appropriately designated that way in the Growth Management Plan in
the first place, which is questionable.
Second, the pleas to save the wildlife and save the grove
somehow missed the mark. The units that will be devoted to wildlife
mitigation is a one-million-plus-dollar contribution. This will do
more for panthers than having them roam on property too close to
homes and roads now to be safe for wildlife, people, or pets. As
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many have noted, panthers and other wildlife in the area are already
threatened by all the existing developments built right next to the
grove.
And all of us in Florida know about the greening disease that's
destroyed the citrus groves. There aren't any clear solutions for
saving them in sight and none that don't require a ton of time, money,
and research. No other farmers or conservation people have
expressed any interest in this relatively small parcel.
It's kind of ironic that the homes purchased by some opponents
were much more recently developed on native Florida vegetation
where panthers and wildlife live. No one's recommending they
reclaim and sell their property to return the land to its original state.
Instead, they want the grove owners to do so with their developed
property, which isn't reasonable or consistent with Florida's property
rights laws.
If truly committed, residents in the nearby developments,
perhaps with the help of Audubon or other conservation groups,
could raise the funds to purchase and reclaim the grove themselves
and then donate or apply to Conservation Collier County [sic].
Basically, though, it's easy to understand why those owning this
family-operated grove, which is this relatively small parcel right next
to highly developed land faced with the greening disease on property
that doesn't seem to have ever met Sending criteria, have opted for an
alternative development. If they were among the first --
CHAIRMAN KOWAL: All right, ma'am -- ma'am, if you can
just bring it to a close. Your time was up. I just didn't know if you
heard the beep, but go ahead.
MS. BRADLEY: I'm sorry. I didn't hear -- I have one sentence.
As they were among the first, not the most recent residents in Collier
County and because all other farmland in the same region was
designated receiving, it's only fair to allow them to proceed.
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Thank you.
CHAIRMAN KOWAL: Thank you, ma'am. So that was it?
Are you sure?
COMMISSIONER LoCASTRO: Troy, what was her name?
MR. MILLER: Her name was Margaret Bradley.
And that is it, sir.
CHAIRMAN KOWAL: All right. So the public comments
have come to end. Usually the petitioner's opportunity to rebuttal
some of the things that were said or he may have picked up on but...
MR. YOVANOVICH: Okay. We do have some additional
comments we want to make and then obviously respond to any
questions you may have.
I'm going to -- I'm going to kind of -- so I can go -- I'm going
to -- so I can go back to my presentation, I'm going to take one item
out of order, so I need to go to the visualizer if that's okay, and it's an
important issue that deals with the wildfire allegations and the
concerns and the claims.
And it seems to me that people either didn't read our petition or
didn't listen to our presentation today. I think a lot of people came
with their speeches, and they were going to give that speech
regardless of what the actual facts and evidence are.
This is from our PUD. We are required to have a wildfire
prevention and mitigation plan in place which will address structural
design, building materials, location of defensible space, plant
selection within defensible space, and commitment to provide a copy
of -- the homeowners with the copy of the wildfire prevention and
mitigation plan.
Our residents will not be in harm's way for wildfires. We have
to coordinate it with the Florida Forest Service. So we have an
obligation to make sure our project is properly designed to mitigate
and prevent impact of wildfire, which was something that was hit
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pretty hard by Mr. Cornell. So either he didn't read our materials or
he just chose to ignore it when addressing that.
In addition, the Hacienda Lakes conservation preserve areas do
not require prescribed burns. That is a factually incorrect statement.
Mr. Hall can come up here and correct it. That will be cleared by
hand. That's how they chose to address whatever issues they need to
deal with.
So to get up here and tell you that we're putting people in harm's
way because of prescribed burns related to Hacienda Lakes is a
factually incorrect statement. Mr. Hall testified to prescribed burns
by the State. We have a firebreak in -- on our boundary of our
property. In addition, professionals who do the prescribed burns in
the Picayune forest are required to put firebreaks in place before they
do their prescribed burns.
So with regard to wildfires, that is an issue that is not supported
by the actual facts in this instance. So that -- those statements by
Mr. Cornell are not supported by the facts.
A couple of other things. You-all know I'm not an expert in
environmental issues. I'm not an expert in transportation issues.
CHAIRMAN KOWAL: Ma'am. Ma'am.
MR. YOVANOVICH: I am an expert in proper behavior.
CHAIRMAN KOWAL: You started it.
MR. YOVANOVICH: I'm not an expert in planning. I'm a
lawyer. My job is I'm an advocate.
Mr. Cornell is an advocate. Testified under oath at the Planning
Commission on this particular project that he is not an expert in
environmental issues. He is not an expert in transportation issues.
He is not an expert in planning issues. He's not an expert on any of
those issues. He's got a job to do. He's an advocate. He's a very
good advocate. But you cannot take his testimony as expert
testimony. He's not an expert.
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MS. KANTER: Stop pointing at me.
CHAIRMAN KOWAL: Ma'am, stop.
MS. KANTER: He pointed at me.
CHAIRMAN KOWAL: I think he was pointing at Brad Cornell
sitting behind you.
MR. YOVANOVICH: I'm not even pointing at Brad.
CHAIRMAN KOWAL: Well, he's not pointing at you. He
never mentioned your name, did he?
MS. KANTER: No, but he pointed right at me.
CHAIRMAN KOWAL: Okay. We're not going to have this.
Stop.
MS. KANTER: Okay.
CHAIRMAN KOWAL: All right.
MR. YOVANOVICH: I'll put my hands in my pocket so I don't
point.
We brought experts to talk about every one of these issues. And
as I said at the very beginning, your experts, the people you pay as
your staff, have confirmed everything our experts have said as being
correct, and that's with regard to all of the environmental impacts, all
the environmental benefits of our project.
Now, this, quote, urban sprawl, the State reviewed our proposed
amendment. The State also reviews for urban sprawl. The State has
no objections to this project. They're not saying its urban sprawl.
Matter of fact, the State, as Mr. Cornell pointed out, in 2002
approved the Rural Fringe Mixed-Use District standards. Guess
what? The State approved our modification to the Rural Fringe
Mixed-Use District and did not find that removing this 169 acres
from the Rural Fringe Mixed-Use District was going to jeopardize
any species or harm the environment. They approved or did not
object to this proposed change.
As far as fairness to other Sending Lands, we're buying TDRs.
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That's exactly what Sending Lands do. They have their TDRs sold.
We're buying TDRs from other Sending Land owners. So we're
providing a benefit to those Sending Land owners.
Now, we've been in this process since 2023, since 2023. Brad
Cornell gets you here today and gives you eight issues -- these eight
alternatives that could be considered. Now, I've known Brad a long
time. I've had the same cell phone number since 1991. I've had the
same office phone number since 1998. Brad has yet to talk to me
about the real true viability of any of those options.
Conservation Collier, not an option. We fail four of the eight
criteria to be considered by Conservation Collier. I believe that -- I
believe that means it's not Conservation Collier eligible.
COMMISSIONER HALL: Make the A list.
MR. YOVANOVICH: What's that?
COMMISSIONER HALL: Four out of eight, you'd make the A
list.
MR. YOVANOVICH: But it's not the right list.
CHAIRMAN KOWAL: Found that out today.
MR. YOVANOVICH: So we would not be considered
Conservation Collier property.
And there is -- I'm going to ask Ms. Cook to come up here in a
little bit because she's got an exhibit that will talk about this, quote,
creep of if you give this project approval, all of Sabal Palm Road's
going to all of a sudden become eligible to become Receiving Lands
or development lands.
Pretty much all of Sabal Palm Road is already in conservation
easement. So they'd have to not only change the Comp Plan. They'd
have to undo their conservation easements and the mitigation they've
provided for other projects. This piece of property is not in a
conservation easement because it's a farm field that wouldn't qualify
as a conservation easement.
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Your Emergency Management staff signed off on this project.
They wouldn't sign off on this project if we were a wildfire risk.
We're not asking for a reduction in any water-quality standards. And
in fact, the testimony is we're improving the water quality and the
rehydration. All the expert testimony says we are doing exactly what
your Comprehensive Plan wants for water restoration and
rehydration.
I do want Tim to come up here and talk a little bit about the
environmental issues and, you know, rebut some of the incorrect
statements made by nonexperts.
I find it a little odd that the two people who most recently
testified and claim they were experts from the East Coast couldn't
even get the right -- program right. They were talking about the
RLSA. We're not in the RLSA. We're in the Rural Fringe
Mixed-Use District. So they're talking about a portion of Collier
County that is not even applicable.
So I think that when you look at this project and you look at
what we're proposing to provide, we're providing 135 TDRs. Right
now we're at 85 affordable housing units. And if you agree -- and I
think the right answer is this property should have never been
designated as Sending in the first place -- we would have 34 base
units.
So of the 423 units, we're talking about 254 units that are being
paid for, if you will. The TDRs are paying for some and then the
affordable housing is paying for others.
We're asking for 200 -- I'm sorry -- 169, quote, free units. Those
aren't free units because they're being subsidized by the commitment
to provide affordable housing, to provide down payment assistance.
That -- that -- those -- that 95 -- or the 85 units is almost 50 percent of
the 159, quote, free units. So they're being -- they're being offset.
One other question was, can we really afford to deliver the units
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at the price points we're required to do? Yes. Pulte Homes has
already done it in Sarasota, and they have -- they have the financing
plan in place. They have their own -- as the Chairman pointed out,
they have their own mortgage lending. So they are soup to nuts and
can make it happen. They're not worried about other banks somehow
supporting this.
Heidi Ashton asked me to clarify some things on the record
regarding to the additional commitments we made. We committed to
$170,000 of down payment assistance. She wants that to be phrased
that at each closing we will provide $2,000 of down payment
assistance to put -- make it measurable so there's not a pot of money
and we can just allocate it how we want. So it would be $2,000 at
each closing for down payment assistance for those units, and the
PUD will be modified to say that.
We would acquire the TDRs at the 50th CO for the
non-affordable units. So we would only get 50 units of -- I don't
know the right word -- I'll call them free units -- before we have to
actually acquire the TDRs to move forward with the single-family
homes. Again, to have a measurable point of time when we have to
get the TDRs.
The -- since we're at 423 units, not the original 450, the trip cap
comes down to 355 units [sic], so that's a modification that the
County Attorney's asked me to put on the record on how we were
going to address those commitments.
So with that, I want to -- I want to turn it over to -- I want to turn
it over to Tim to talk about the environmental comments. I think
that's the bulk of the comments we heard from the community about
how we're destroying the environment with this project. And I would
like him to rehash the environmental benefits of this project as we're
moving forward.
MR. HALL: Good evening, Tim Hall for the -- from Turrell,
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Hall & Associates again.
With respect to a lot of the comments, they kind of swirled
around a couple of different, you know, main topics. One was the
animals, the listed species on there. Specifically the panther was
mentioned multiple times. As I had said in my initial comments, the
property is within the Panther Primary Zone Area, which is an area
designated for increased scrutiny, has, you know, higher benefit
opportunities for panthers, and those are the areas that are really
looked at strongly, all of those. Primary and secondary habitats are
looked at by Fish and Wildlife Service when any project comes
forward. You know, it's -- but that designation runs all the way to
951.
So just because an area is designated as primary habitat doesn't
mean that development is prohibited within that area. It just means it
has to go through that federal review to ensure that what's being
proposed is not a jeopardy opinion. It's not going to cause the
extinction of the species. That's specifically what Fish and Wildlife
Service looks at when they look at all of the things associated with
the projects.
And in conjunction with that, they don't just look at the project
itself. They also look at cumulative impacts, secondary impacts
associated with that. And cumulative impacts are other impacts that
are reasonably expected to occur as a result of the project -- sorry,
secondary impacts. Cumulative impacts is how this project, in
conjunction with other projects that may be permitted within the area,
together would impact the panther. So they look at all of that stuff in
their reviews.
And as I had said, depending on the scope of the impact that
they determine, there are mitigation options available to developers to
provide benefits to the species in exchange for the impacts that they
recognize are happening on a property.
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I also heard comments about RCW, Red-cockaded
woodpeckers. Those are a pine-tree-living -- or pine-tree-specific
species. They're one of the only birds that creates its nest in living
trees. And to support them, you have to have pine trees. There are
no pine trees on this property. So we're not impacting any forging or
nesting habitat for the RCWs.
And there are communities -- further north -- there's a very
limited population down here. To the north of this project about
two-and-a-half or three miles is one of the few remaining colonies
within the county. But as you go further north, in northern Florida
and up into South Carolina and all, there are colonies of these birds
that are living in proximity -- close proximity to other development
areas. So the development doesn't preclude RCW utilization.
And then other species -- you know, all of those species are
going to get addressed as part of the state review through Water
Management District and the federal review. So with respect to
species, that's -- that's kind of the position that we're in.
With respect to the water quality and the hydrology of the area,
Brad said something when he was talking about, you know, the
critical for minimizing your risk of fire damage is restoring
hydrology, and -- I don't remember what the second thing
was -- restoring hydrology and prescribed burning. A component of
this project is, as what was explained, is being put forward to try to
help restore hydrology throughout this area both on the north and
south sides of the road, establishing a more natural sheet flow which
will get back to that -- you know, to that -- that natural hydrology
counteract the limitations that have been put in place by the dam
created by the road, by Sabal Palm Road.
Prescribed burning happens out there. The Forest Service does
it. Hacienda Lakes is -- their approved preserve management plan
requires them to maintain the preserve, but it does not require fire. It
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allows for them to use fire if they choose and if the conditions are
right to allow it, but it doesn't absolutely require it.
I agree with some of the other folks out here. My preference
would be to let them burn it, because you do have certain species of
plants that need that fire in order to be able to reproduce and to
flower, but the alternatives that are included within that Hacienda
Lakes plan as opposed to fire are actions that the Forest Service uses
as well. You can't always get the conditions right to do a burn. They
need to have proper wind, proper temperatures, proper humidity,
soil -- soil humidity -- or soil saturation, and -- you know, all of these
things that go into determining whether or not a fire is applicable or
not.
When it's not, they have alternate actions that they can do like
ROGO chopping or trimming where they can go in and knock down
the brush and reduce the fire load so that accidental fires -- if they're
not able to burn, they can remove some of that load. I think he called
it shrubification, that that can be taken care of --
CHAIRMAN KOWAL: Shrubbify.
MR. HALL: -- outside of -- outside of burning through other
manual activities, and that also helps to minimize that risk of an
out-of-control fire when one does get started.
COMMISSIONER LoCASTRO: I have a question for him.
MR. HALL: And then -- oh, the -- well, the littorals, I mean, I
think we explained the littoral, you know, areas. The amount that
we're providing is what's required. The deviation is just to put them
within the flowway instead of within the lakes.
CHAIRMAN KOWAL: Commissioner LoCastro, you have a
question?
COMMISSIONER LoCASTRO: So I have a question for you.
When you're explaining that -- sort of that panther footprint that you
say goes all the way out to even 951, that doesn't mean you can't
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build on there. It just means you have to go through all the different
requests and rigmarole that you have to go through. I get that. So
my question that I have is, did Hacienda Lakes and Verona
Walk -- do those large communities that are already built, were they
also in that same footprint of panther activity and the same sort of
things that we're -- or does all the panther population stop at the
Verona Walk, you know, marker and then it goes -- it's to where
Sabal Palm is now? Educate us a bit on that panther footprint.
MR. HALL: I was involved with the permitting for what's
called Tamarindo now. It was -- had a different name when I worked
on it, but that had to go through the same panther review. They were
in panther habitat as well and had to go through that review and
provide -- provide mitigation.
I know Hacienda Lakes went through the big review as well.
And the -- you know, one of the reasons why they have those big
preserves, they were able to use those preserve areas as mitigation,
put those under conservation easement in exchange for the area that
they were impacting.
I wasn't involved in Verona Walk, so I don't know what they
may or may not have gone through. Based on -- based on the
mapping, they're in that primary habitat, and they should have gone
through that same review if it was done after that zone was
established.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN KOWAL: Any other questions for Mr. Hall?
MR. YOVANOVICH: I forgot to mention one other thing.
When I was doing my math, I had mentioned the number 95 instead
of 85. The reason I -- I mention that -- and this is really up to the
Commission. Pulte is willing to do the entire 95 townhomes at the
100 percent category if the Commission prefers that than having a
few market-rate units in the townhomes. Obviously the rest of the
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project is going to be market rate, so it's still going to be a mixture of
product within the community.
But if the Commission would prefer 95 units versus 85 units,
that's your call. That's -- and if you do that, then you're talking
about -- you're talking about at that point, 95 out of 169 -- you'd have
159 units that are, quote, free. So over -- over 60 percent of the,
quote, free units would be -- or bonus units would be provided
through the affordable housing commitment, which -- it's not giving
you a whole lot of units to offset the expense of providing affordable
housing as well as the other commitments that we've made towards
down payment assistance and the other commitment to the
environment and the environmental improvements. So that's --
CHAIRMAN KOWAL: I just want to clarify what you just
stated. You said you could go up to 95, which is the total townhouse
area, at 100 --
MR. YOVANOVICH: At the 100 percent.
CHAIRMAN KOWAL: -- AMI.
MR. YOVANOVICH: 100 percent AMI.
CHAIRMAN KOWAL: Not having the 120 anymore?
MR. YOVANOVICH: No 120s.
CHAIRMAN KOWAL: So it would be all 95 at 100 percent
AMI.
MR. YOVANOVICH: You know, I don't care what anybody
says, that's a significant affordable housing commitment. No
developer has done that. And if that doesn't fly you're basically
telling the market-rate guys, don't even bother trying.
So that's our -- I mean, I'm not going to go tit for that on all the
rebuttal.
COMMISSIONER LoCASTRO: I'll get the conversation
started.
MR. YOVANOVICH: I think we addressed everything in
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our -- I know you were paying attention when we did our
presentation. So those are the highlights we wanted to hit.
CHAIRMAN KOWAL: I see you lit up again, Commissioner
LoCastro.
COMMISSIONER LoCASTRO: Yeah. So I'll get the
conversation started. I mean, I think we've heard from all sides and
from experts, from passionate people, and I respect all of them.
We say up here a lot of times "facts matter." And so even
though I love and respect the passion of citizens and of developers
and landowners, you know, the facts are that it was a small group of
actual experts that we heard from.
And so advocates are one thing. And you sort of stole my word.
And I respect the advocate, and Brad certainly is a great advocate and
brings detail, passion, and facts to the -- to the -- to the discussion.
I will say I like how, you know, folks called me out on -- you
know, when I talked about the difference between Everglades and
wetlands and the conservation land and preserve. Well, the reason
why that matters is you can't send me 200 emails saying, "I can't
believe you're about to approve 400 homes in the Everglades and
destroy that pristine, fragile environment."
Then that tells me that's a person that's passionate about the
environment, same as I am, but that's not what we're talking about
here. So I tried to wade through those passionate citizen emails that I
respect greatly, but you can't just talk off the top of your head.
There is a big difference between wetlands and preserved lands
and conservation land and areas that have panther impact, but it's not
a panther preserve. We have to deal with facts up here and also make
a -- make an educated decision using the law, but also passion, and
weigh everything.
I will tell you, I've been sitting up here for five years. I don't
think there's any project, anything -- I think the Pope could want to
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build a convent here, and we would -- we would get pushback on it.
We went -- we had a meeting in here to build a medical school, and
we almost had to beg to have it where any other county would be
dropping rose petals at the feet of the people that want to put a
medical school in their county.
And so it's frustrating at times that almost no matter what it
is -- and then a lot of times the passion's coming from people that live
in some of the largest communities that cut down the most trees and
affected the most wildlife, yet I'm sure they're happy to live where
they live here, and that's what makes these jobs difficult, weighing,
you know, when do we stop? When do we not? That sort of thing.
But a lot of times you hear a lot of passion and not facts.
Here's what disappoints me the most. There's only one time
where both sides came together before they came here and just
dumped the problem in front of the Commissioners, and it happened
to be in my county [sic], and it was at the corner of Lely and Collier.
There's a little strip of land there that Stock Development owns, and
it was zoned commercial. And the citizens -- there was a huge uproar
that -- initially. "Don't rezone it residential." You know, "We don't
want more apartments."
And then when we had some town hall meetings -- much like
Commissioner Hall, you know, he brought back people for the West
Mercato --
CHAIRMAN KOWAL: Mercato.
COMMISSIONER LoCASTRO: -- because it was the same
thing, wanted to separate rumor from fact. I did a similar thing.
Once the citizens got a little bit more informed that if we left it
commercial, there'd actually be way more traffic, it would be way
more unsightly. You know, the condos that are on the other side
looking right at the -- at the piece of property would be looking at the
back of basically dumpsters of restaurants and strip mall, you know,
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type things where now what's going to get built there is -- it's been
downsized significantly because the citizens and the developers came
together.
And if you guys remember that meeting, the HOA president
stood right at that podium right next to a member of Stock
Development, and they said, "Commissioners, you don't even have to
debate this. We've done it for you. And we have 13 different
requirements," and they held up a piece of paper.
I don't know if you were part of this, Mr. Yovanovich, but this is
the only one success story I've ever seen since I've been here. And
they said, "They've already agreed to these 13 things, so we
100 percent support the rezone and the new redesign of the
development, and that's what's going to go there, and then we are
going to hold them to those 13 things."
I had Brad Cornell in my office yesterday. Maybe we all did. I
love the slide that says "landowner options," but where I'm
disappointed is between the Planning Commission and now, I can't
believe that you guys didn't exchange phone numbers.
And, you know, you're shocked by the landowner slide. He's
shocked by the TDRs and the number and the things that you're
proposing. It helps us when there's communication. And maybe
that's not required, but if we're trying to sort of work together, and if
we really do care about the environment and animals and all the
different things, I'm really disappointed that there hasn't been that sort
of conversation. But, like I said, it's not required. So that's my
statement.
My question for you, Mr. Yovanovich, is I'd like to hear your
rebuttal or comments on the list of landowner options that Brad put
on his slide. I will tell you when he was in my office, I was like,
"God, those all sound like great ideas."
"So let's take them one by one. Are there really six or seven
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different organizations that have money that would buy the land?"
"Well, no, probably not, but, you know, it's something that could
be looked into."
Okay. Let's go to the second one, because I was as excited as
maybe the citizens in the audience here, hey, there's maybe options to
explore. It's not, you know, a development or no development. But
you've got to -- you've got to also flush those things out. You
can -- you can throw a bunch of Jello at the wall and hope something
sticks, but I didn't -- in the meeting in my office with
Mr. Cornell -- and I say this with all respect if there was something
that was -- I even asked him, "Would the Audubon Society buy that
property? Would the Conservancy buy that property? Have
you -- have you had meetings with them? Do the citizens all want to
kick in money and" -- I love what -- what was her name? Margaret
Bradley. She probably was the most eloquent speaker because she
really sort of talked about both sides. But said, you know, you've got
to really have some maturity when it comes to what's going on here.
But, you know, Mr. Yovanovich, anything on the landowner
options that you think we should -- we should take a continuance,
kick this for two weeks, and you're going to explore the eight options
or whatever the number was that's on that slide as being viable and
work with Mr. Cornell because he's worked hard to flush those out?
MR. YOVANOVICH: No. At the end of the day, he was
committing other people's potential money, and those people have
not come forward nor has he -- nor has he gone to them and said,
"Hey, Rich, it's worth having a conversation."
No, we're not aware -- we're not aware of any money that's
really on the table to come buy this piece of property. There's a
whole lot of maybe, could have, would have, should haves.
You know, we're happy to sell Brad's -- his organization the land
for the -- you know, for -- I mean, I'm sure the developer will say,
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"Rich, we want to develop it," but if -- the farmers, the current
owners will take the same amount of money from somebody else.
That money doesn't exist.
The cost to do a mitigation bank is not -- you've got to improve
the lands. You've got to do a whole lot of stuff. And then you've got
to hope someone's going to buy those mitigation credits. That's all
pie in the sky. It doesn't exist. It's not an easy solution. We've
thought about those options. They just -- they're not real options.
They're theoretical options that just are not there. They don't exist.
You -- Conservation Collier's the solution to buying every piece
of vacant land in Collier County. How many times have I been here
where they say, "Conservation Collier ought to buy this land." You
know, it's somebody's budget. They want -- the general public should
pay to fix the hydrology. You have a developer who's going to fix
the hydrology. The general public should buy houses for affordable
housing. Now a developer's going to provide that affordable housing.
It's got to be a public/private partnership to solve these issues. We're
the private. All we're asking for is the ability to move forward on a
piece of property that's been impacted at a low density in exchange
for 95 affordable housing units at the 100 percent category for sale.
That's a real option.
COMMISSIONER LoCASTRO: So I'll see what my colleagues
think, but I don't know of too many developers that have brought
this -- this type of proposal and this many positives to the table.
I'm not sitting here saying it's a slam dunk. I'm not saying -- like
I said at the beginning, no matter how we vote, half of the people are
going to walk out of this room unhappy. It doesn't matter how we
vote. So we have to sit here and look at the facts.
You know, it's -- I appreciate you bringing your experts, but I
also put the most stock into the experts from the County. And I can
tell you right now, Mr. Bosi, Jaime Cook, anybody else, Cormac
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Giblin, who is our housing expert, if any of those folks thought this
was a bad option for the County -- and they've said it before at the
podium. "Hey, this isn't something that -- it's got a lot of issues with
it." This thing's been fleshed out quite a bit.
I would -- I'd feel more happy if there was more communication
between the two sides. Like I said, I realize it's not required, but it
certainly makes it much -- much more helpful and professional. But
having said that -- and going to 85 or 95, I mean, it -- all those things
are a difference, but I would hope there's no commissioner up here
that would say, "I'm a definite no. Oh, you just added 10. Okay.
Well, I'm a definite yes now."
I'm looking at the overall project. We don't own the land.
There's a lot of people that came to the podium and almost made it
sound like, "Well, the County should just keep it a zoo, should just
keep it a farm." This is somebody that owns the land, and they're
allowed to request this. We're allowed to shoot it down, and we
might, and we might. But we also have to look at, you know, the
viability of what's really realistic.
And, you know, I'll turn it over to my colleagues here. I'm
looking at all the positives. And I basically made two lists of the
things that I think are the positives and what the experts said, the
thing that I have that are concerns. And I have more on the positive
side, but at times -- that's where I really value what my colleagues
say. Sometimes, you know, especially like Commissioner McDaniel,
he'll really talk about TDRs and educate us on his depth in his third
term here about different land-use things and that sort of thing.
And so, you know, I think we should all hear from each other
and see if there's something we're missing --
COMMISSIONER McDANIEL: We're trying.
COMMISSIONER LoCASTRO: -- or if something that, you
know, my four colleagues value the same as me.
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CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: All right. Thank you,
Mr. Chairman. I'm going to kind of ramble a little bit, and I
apologize for that. I've got about five pages of notes.
I will tell you I've gone back and forth on this thing. I can't tell
you how many times I've changed my mind as I've listened to the
petitioner and I've listened to the public. And I sort of come down to
a couple things.
First of all, one of the things that makes this hard is we're
looking at a property owner that's got a piece of property that's a
problem, and we try to solve problems, but we also have a
community that is struggling with rapid growth, we're struggling with
roads that are clogged, and we have a plan in place that theoretically
kind of deals with the issues of development, and that's our Growth
Management Plan, and that's our -- all of the policies we have in
place dealing with the Sending areas and the Receiving areas.
And so I kind of come back to what kind of a precedent are we
setting where we have a Receiving area or a Sending area -- perhaps
this should have been a Receiving area instead of a Sending area. I
don't have an issue with that. But we have a Comprehensive Plan in
place that we believe will be the pattern for keeping this county
beautiful, protecting the environment.
And we're dealing with a property owner that has run into a
collision with that plan. And I'm concerned that we solve that
property owner's problem, well, there's going to be the next one and
the next one and the next one. Also, are we setting some sort of a
precedent here that creates a problem?
I understand that the experts have talked -- have spoken in
support of this project. I understand our staff has supported this. But
our staff has also pointed out that part of the reason that they're
recommending approval is the public benefit, and that public benefit
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is the workforce and affordable housing. That's a judgment call.
Do I believe that that benefit is sufficient enough to outweigh
the potential costs which are precedential value of this, the issue of
do we really want to protect this pristine environment that we have in
this community?
I keep going back and forth on this. I've got friends I've worked
with for years that are part of the development team. I trust them. I
know that they're honorable, honest people. I know when they say
something at the podium that they're telling the truth, not -- they're
not shading anything. And I know the people on the other side are
very passionate, and our staff is very passionate about these things.
So it's a judgment call. And I'm kind of leaning towards the
judgment of that this project, though it's got tremendous public
benefit, those benefits don't outweigh the potential cost to this. Those
benefits don't outweigh the fact that we've got a plan in place and we
keep trying to change it piece by piece by piece.
A couple years ago, we were dealing with Immokalee Road and
some of the land-use and Comprehensive Plan changes that were
coming before us on that, and we talked about, well, we're making
these piecemeal changes. Well, these piecemeal changes add up.
And right now I'm coming down on that I'm not going to support
this project. It's not that I believe that this project in and of itself is a
terrible project. I think that what's been put together is probably a
beautiful project. And there is public benefit, but I don't think it
outweighs the negative aspects, which are the precedence, the fact
that we're going to have the next property owner that's in a Receiving
area or a Sending area that's going to have a similar type of a
problem.
Also, I will -- I will say that I'm not convinced that because a
piece of property, a farm is impacted that it's lost its environmental
value. We're talking about the long-term future here. We're not
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talking about what this property's going to look like tomorrow or 10
years or 20 years from now, but what is it going to look like 50 years
from now?
So if you look at it long-range, as everybody has said, the
environment tends to repair itself over time.
So I think there are other alternatives that we might want to take
a look at. Now, this is not a Conservation Collier piece of property
because it doesn't fit all those molds. It doesn't mean we can't say to
Conservation Collier, this is a valuable piece of property. We are
willing to purchase this property for more than what the appraised
value would be at a farm, recognizing that there's a lot of sweat and
tears that have gone into that property, so that the property owner can
come out reasonably well with it.
There are -- I think there are ways we can do that. That would
take some creative thinking. But I'm coming down on that I'm
concerned about this piecemeal approach that we're taking and what
the long-term future of this community looks like. Our environment
is the most important aspect, most important characteristic of this
community that's made it a wonderful place to be.
CHAIRMAN KOWAL: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
I'm going to ramble a little bit.
CHAIRMAN KOWAL: You're all ramblers.
COMMISSIONER HALL: First of all, property owners have
the right to ask. They have the right to come forth with a good plan
to put together. Listening to community, listening to the people that
are putting all the pieces of the puzzle together, they have the right to
do that.
Whether it's Sending Lands, whether it's Receiving Lands,
whether it's Neutral, I really don't care.
All of the changes that have come forth were really thought out
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well. You know, from the TDRs, the culverts, the notice of burns,
the littoral plantings, the -- you know, going to 95 percent [sic]
affordable -- affordability. All that's very well thought out.
The $170,000 down payment assistance, I mean, every single
thing was a positive for their plan, but what it boils down to with me
is, you know, it's not -- it's not about the animals. It's not about the
panthers. It's not about the birds. It's not about any of that. I love
the animals. What I don't want is the people out there.
We have -- we have never turned down a project that's just
creeped and creeped and creeped. I'm not calling it sprawl. I'm not
going to do that. But this is outside the line. We've already got one
encroachment into the Rural Fringe Mixed-Use District, and that's
right there on the north. That's Hacienda. Justifying another one is
not justified.
What it boils down to me for -- and I've said this in the last two
or three meetings so it shouldn't be a surprise to anybody. I'm
not -- I'm fed up with increasing the density and building projects to
get a token amount of public benefit with affordable housing. If this
project was 50 percent affordable housing in this spot, I would turn it
down because it's not enough public benefit for me. Every person I
talk to -- it's not me. I'm not sitting up here coming up with my own
stuff. Every person I talk to, "Commissioner, when are you going to
stop the building? When are you going to stop the density? When
are you going to stop this? When are you going to stop that?"
I said, you know what, all I can do is try. I'm going to stop it.
I'm not going to vote for this project. It doesn't have anything to do --
(Applause.)
COMMISSIONER HALL: It doesn't have anything to do with
the owners. They have -- they've got a problem with this farm, and
my heart goes out to them because there's not a real good solution,
but it's not the people's responsibility to fix that problem.
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We have to decide whether we want to change our Future Land
Use Element, and I don't want to change it. We have a Comp Plan; I
want to stick to it.
And we have 5,000 units that are not out of the ground yet
affordability-wise. You can say "But this -- Commissioner, this was
a for-sale." You know what, it was a for-sale, but 22 percent at the
95 units is not enough benefit for me to come out there and mess up
this Rural Fringe Mixed-Use District.
So, you know, it's -- somebody said earlier it's death by a
thousand cuts. It's death by a thousand cuts. I'm drawing the line on
the increasing the density for a little bit of public benefit. Now, there
would be 95 people that would benefit, but there would also be 328
market homes on our roads, you know, at our intersections to get that
small amount, and that's just not enough for me.
CHAIRMAN KOWAL: Commissioner LoCastro is next -- Bill,
did you want to go?
COMMISSIONER LoCASTRO: Did you want to go next?
COMMISSIONER McDANIEL: I mean, I'll go next or you
can. Either way.
COMMISSIONER LoCASTRO: No. I agree with everything
that Commissioner Saunders and Commissioner Hall said. I just also
think that the landowner is also one of our constituents.
I think it would be irresponsible for us to just vote no and say,
"See ya. Bye. Good luck."
So I like what Commissioner Saunders had to say, do we
reconvene? I mean, we run Conservation Collier. Do we -- and also,
is there anything that was on Brad Cornell's slide that maybe he
didn't -- he didn't vet out, you didn't vet out, but is any of that
possible? And maybe we go down the line, and it's all not possible.
But I think for us to just vote no and say, "Hey, I'm really sorry
about your farm, bye," I think we have more responsibility than that.
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So I'm not sitting here advocating for the homes, but I think
we -- you're also our constituents, and we're also here to represent
you. So working together and figuring out if we are going to
preserve this land, not just saying, "Too bad, so bad, you know.
Hope you find another farmer that can tear up all the land and put in
all new orange groves and whatnot," I don't think that's realistic.
So, you know, if that means reconvening and coming back here
and having our Collier -- Conservation Collier team come to the
podium, if there's other organizations -- you know, Brad Cornell and
a whole host of other environmental groups are following this, if they
want to come forward and give us an answer.
I think our job here is not just say to yes or no, but it's to help
solve problems. So if the building is not going to solve a
problem -- and I don't disagree with anything my colleagues said -- I
think we still have a responsibility to figure out -- you're not going to
be orange grove farmers anymore. Can't. The land doesn't support it.
What is possible?
So I'd like to see us come back here. And if this -- I mean, you
need four votes. You've already got two maybe three that are kind of
not supportive of it. But what I am supportive of is trying to figure
out the best possible solution.
And some of those environmental organizations have our ear.
We have an environmental organization that falls on us that we work
with closely in Conservation Collier. I think we still have a
responsibility to walk out of this room and figure out the best way to
protect, to utilize, whatever the right term is, that piece of property
because you're our constituent as well.
And there's a lot of people that were -- that spoke passionately at
the podium that even gave you praise, "Thank you for all that you've
done for your community." I bet you there's more than a handful on
this side that do care what happens to your family, and it's not just,
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"Hey, sorry. Sell it for five cents an acre," and you know, it
just -- you know, "It sucks to be an orange grove farmer right now."
None of us, I think, feel that way. So I want to help find an answer
that is the best possible solution not only for your family but for this
part of Collier County.
And so I think there are several things that were kicked around
here that need to be vetted to see if there is another alternative.
COMMISSIONER McDANIEL: Now I'm ready.
CHAIRMAN KOWAL: I want to do -- I know we're going on
seven hours now with this particular item, and we still have work to
do after you guys leave this room, believe it or not.
COMMISSIONER McDANIEL: I'm ready to go now.
CHAIRMAN KOWAL: Can I just give the court reporter a
little break? I've got a message that --
COMMISSIONER McDANIEL: You're going to miss
my -- you're going to miss my --
CHAIRMAN KOWAL: Are you all right? Can you go?
COMMISSIONER LoCASTRO: You're going to miss the best?
THE COURT REPORTER: (Nods head.)
CHAIRMAN KOWAL: All right.
COMMISSIONER McDANIEL: Ten minutes. You pick the
time, Chair.
CHAIRMAN KOWAL: If she's okay, we'll go on. I mean, I
kind of got a little message that it's time to take a break.
COMMISSIONER McDANIEL: I don't care. It's all good. If
you want to take a break, let's go.
COMMISSIONER SAUNDERS: Let's finish this item, because
I think we're at the end of this particular --
CHAIRMAN KOWAL: Sorry. I tried.
COMMISSIONER McDANIEL: Are you all right? You going
to make it? Because you're not -- she's not the only one that's
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hurting.
COMMISSIONER SAUNDERS: She's tough.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah, Commissioner
McDaniel. Thank you.
I want to say this. And I've told -- I told you this yesterday or
the day -- yesterday when we met. I've had a difficult time with this
project. I was a hard no on this at the transmittal hearing. I didn't
like this project. It was -- it was a lot for me, a lot in a not
appropriate location for what was being requested.
There's an enormous amount of public benefit that comes with
this. Can that public benefit be attained in another manner? That's
yet to be determined. Nobody's come forward to offer any
alternatives as of yet.
Enormous amount of drainage issues. The folks that live on
Sabal Palm that spoke got my heart. There's all kinds of rehydration
efforts that are going on to the north of Sabal Palm, and Tim called it
what I called it yesterday when we were talking about the damn dam,
Sabal Palm itself.
No one contemplated the rehydration efforts of $1.6 billion
worth of pumps out in the Picayune moving water and rehydrating up
north and then not having the proper capacity to move that water
south. Can that be accomplished in another manner? I don't know.
That is accomplished here, theoretically, if your hydrologist's
modeling is, in fact, correct.
I'm -- I've been sitting up here, and I don't -- I don't usually go
back and forth. I'm usually for or not for, and this particular instance
I don't think it's time to say no. I think that we -- I can count noses. I
mean, right now my move is to make a motion to continue the item,
do further exploration, and come back with a different approach.
MR. YOVANOVICH: That was -- I would like to give
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Commissioner Saunders' option time, see if there is another option. I
mean, I think that -- I think what he was suggesting was maybe there
is another option.
COMMISSIONER LoCASTRO: Yeah. So I was going to
make that motion, but I'll second that motion.
COMMISSIONER McDANIEL: You can do it.
COMMISSIONER LoCASTRO: Well, I'll make -- I'll make
the -- I'll second that motion. We're all paddling the same direction.
But what I would -- what I would echo is, please be more
aggressive in you-all communicating. If you just leave this room and
come back in two weeks and we just pick up where we left off, I
don't think we've done anything good for anybody here, the
community, the landowner, the County.
So now you can't force that. I mean, I remember I had an issue
in another part of my district, and basically I told the other side,
please meet with Mr. Yovanovich, and you know how that went.
They went to your office, said, "We're not here to meet with you. We
don't really want to talk." I think you have people here that are more
communicative and more professional, and I think there's other
options.
So I'll make the motion or second the motion that we continue
this, look at other possible options that would be fair to the
landowner and I think even the people here that want to -- that don't
want to see houses built there aren't looking to kick the landowner to
the curb. A lot of them were very complimentary. But that would be
my motion that -- and not that we necessarily come back in two
weeks. The timing is up to you.
COMMISSIONER McDANIEL: I was going to say, the timing
with advertising is an issue.
COMMISSIONER LoCASTRO: Yeah.
MR. YOVANOVICH: I would prefer that you leave it
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open-ended. We may have to readvertise.
COMMISSIONER LoCASTRO: Yeah. Well, you'd have to.
CHAIRMAN KOWAL: Yeah. We would have to probably
readvertise --
COMMISSIONER McDANIEL: That was my question.
CHAIRMAN KOWAL: -- once we get to a solution --
MR. YOVANOVICH: Right.
CHAIRMAN KOWAL: -- or attempted solution.
MR. YOVANOVICH: Right. And so I would like to leave it
open-ended.
COMMISSIONER McDANIEL: All right.
MR. YOVANOVICH: I'm happy to meet with Brad just about
any time. Brad knows where my office is, I think. I'll go to his
office. I've always been willing to talk. I've had instances where
people just show up to my office to say, "You know what, we're not
going to talk." We're willing to talk, always been willing to talk.
If they -- if we can find another option to be fair property
owner -- that may not be in Pulte -- in John's best interest, but the
property owner has an -- should -- you know, they may have to pick
up the tab from this point forward, but they should be given the
opportunity to talk.
And hopefully Brad's right, maybe there's another way to get to
exactly the same place.
COMMISSIONER LoCASTRO: Well, I think this case is going
to get enough publicity, enough coverage, I hope, and there might be
an organization out there, and even the citizens. You know, a lot of
you said a lot of passionate things. Don't just go home and hope that
this all works out. There's a lot of influential people in the
communities that are right around this area. Help us come to a
solution. Bring some people to the table. It might be a collection, a
group of environmental organizations that have an idea, an option.
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And so, you know, we're public servants, but in a way so are the
citizens. So I think we're all sitting here saying we want the right
thing to happen. And I think we're heading in that direction.
So there's -- maybe the solution is something we haven't even
thought about. It's not just Conservation Collier or nothing. There's
a lot of people here that are passionate about protecting this land, and
I'd love to see several options come to the table.
CHAIRMAN KOWAL: Commissioner Hall, you were queued
up next, so...
COMMISSIONER HALL: I just -- I don't mind kicking it down
the road, but this is what we have to decide, whether we're going to
rezone or not or change the FLUE. If we want to do something else,
I'll be glad to have that conversation. But I'm not going to support
changing the Comp Plan, and I don't think that we need to kick that
down the road just to come up with another solution. The other
solution's not going to include this.
MR. YOVANOVICH: It may. You may have to amend the
Comp Plan to implement a solution to do something other than what's
in front of you today. So I would hate to start all over and go back to
three years' worth of work.
CHAIRMAN KOWAL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Well, first of all, what I was
thinking was that this is a piece of property that is valuable from an
environmental standpoint. I would certainly volunteer to work with
Mr. Yovanovich and the property owner to come up with some sort
of a value to see if there's a value that would satisfy the property
owner.
Continuing this just generally, I guess I have a concern with that
because we've got two commissioners that have said we're not going
to support this project. We've got hundreds of people that are kind of
on the edge of their seats. If we continue this, they're going to still be
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on the edge of their seats because they're not going to know if this is
going to come back, you know, three months from now, and all of a
sudden we're going to sneak it through. And so I just -- I just think
that we need to dispose of that petition tonight.
I will volunteer to work with Mr. Yovanovich to see if
there's -- and of course, and perhaps it's really working with the
property owner -- to see if there's a solution.
Are you thinking -- is what you're thinking that maybe there's a
low-density development? Is that --
COMMISSIONER LoCASTRO: No. Well, first off, let me just
say this is my district, so I'll volunteer to work with the attorney and
with the landowner.
COMMISSIONER SAUNDERS: No, no. I'm out of it. I've
been told that it's Commissioner LoCastro's district, and I agree with
that. So I'm out of it, but -- so --
COMMISSIONER LoCASTRO: I mean, it doesn't preclude any
of us from talking with Mr. Yovanovich and everything separately as
what -- but as far as, like, the team approach and, you know, my -- I
think everybody knows my phone number as well.
But I agree with you, I think we don't -- we don't have the
appetite for this -- or the approval for this project, so I don't know
what the right course of action is. Do we have to -- we take a motion
to vote against this and changing the zoning and whatnot, and
then -- you know, let's make sure we're doing this correctly.
MR. YOVANOVICH: Well, here's my thought. There's
nothing that says we can't modify the text of the Comp Plan
amendment to do some of the things that Commissioner Saunders is
discussing. I'd hate to start over and go through the expense of doing
this. We heard loud and clear that a 423-unit project is not going to
get approved. That doesn't mean that something else that Brad and
others can agree to that would result in a tweak, maybe a significant
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tweak to what's there, and not have to start over and start a two-year
odyssey again.
We're just asking for that continuance for that period to discuss
potential options.
COMMISSIONER McDANIEL: As long as we leave the
continuance open --
COMMISSIONER LoCASTRO: That means we didn't approve
it.
COMMISSIONER McDANIEL: -- we don't have to -- we
don't -- it still allows them to not put away the good that has, in fact,
been offered up as of yet. It allows an -- it allows for other
alternatives to come through to provide viability, so I think we should
continue the item.
COMMISSIONER SAUNDERS: Well, Mr. Chairman, we have
a motion and second. Why don't we just go ahead and call for the
vote then.
CHAIRMAN KOWAL: All right. So we have a motion to
continue it?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN KOWAL: And a second. All in favor of
continuing it -- oh, God. I can't even talk anymore -- please identify
by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
Oppose continuing it?
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN KOWAL: So I have 3-2. We only need three to
continue, correct? Four to pass.
COMMISSIONER McDANIEL: Yes. Correct.
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CHAIRMAN KOWAL: All right. So we're continued. Look
for other options.
COMMISSIONER McDANIEL: We going on a break?
CHAIRMAN KOWAL: Yeah. Let's go on a break right now.
So we'll be back. Make it a 15-minute break.
(A recess was had from 7:00 p.m. to 7:16 p.m.)
(Commissioner Saunders is absent for the remainder of the
meeting.)
MS. PATTERSON: Chair, you have a live mic. Chair?
CHAIRMAN KOWAL: All right. We're going to -- we still
have work to do. There's nobody left in the audience.
MS. PATTERSON: All right.
CHAIRMAN KOWAL: You understand Commissioner
Saunders had to go to a commitment?
MS. PATTERSON: Okay.
CHAIRMAN KOWAL: So he departed the property. So you
know it's the four of us left.
MS. PATTERSON: Okay. Well, we do have -- we have two
items left.
Item #12A
RESOLUTION 2026-17: APPOINT THOMAS SABOURIN TO
THE COASTAL ADVISORY COMMITTEE. - MOTION TO
APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – ADOPTED
MS. PATTERSON: We are onto Item 12A, which is formerly
16K1. This is a recommendation to appoint Thomas Sabourin
to the Coastal Advisory Committee. This item was moved to the
regular agenda at Commissioner McDaniel's request.
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COMMISSIONER McDANIEL: Yeah. And if I may, I'd like
to go ahead and make a motion to approve the gentleman that was
recommended to be approved. I found out that the position that's
available on the Coastal Advisory Committee is for an
unincorporated resident.
CHAIRMAN KOWAL: Yes, sir.
COMMISSIONER McDANIEL: And Scott's in the city.
CHAIRMAN KOWAL: Yeah, he's a city resident.
COMMISSIONER McDANIEL: And I missed that correl- -- I
didn't know the other fellow from Adam. And he obviously is a nice
fellow, but I didn't know him. But I'll make a motion for his
approval.
CHAIRMAN KOWAL: All right. So we have a motion for his
approval. Have we got a second?
COMMISSIONER HALL: Second.
CHAIRMAN KOWAL: We've got a motion and a second by
Commissioner Hall. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN KOWAL: Ayes have it. It passed.
COMMISSIONER LoCASTRO: It did?
CHAIRMAN KOWAL: It did.
COMMISSIONER LoCASTRO: It did?
COMMISSIONER McDANIEL: Then we've got 12B.
CHAIRMAN KOWAL: 12B, I believe.
COMMISSIONER HALL: It's about the removal of the exotics.
MS. PATTERSON: It went back -- it went back to summary, so
we're good on that one.
Okay. All right. Sorry. We're having a sidebar.
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Item #12B
PROCLAMATION/RESOLUTION 2026-18: A PROCLAMATION
DECLARING A LOCAL STATE OF EMERGENCY TO REPAIR
PRIVATE, IMPASSABLE ROADS WITHIN UNINCORPORATED
COLLIER COUNTY WHICH POSE A THREAT TO THE HEALTH,
SAFETY, AND WELFARE OF COLLIER COUNTY CITIZENS
AND FINDING A VALID PUBLIC PURPOSE FOR EXPENDING
PUBLIC FUNDS TO IMMEDIATELY REPAIR PRIVATE,
IMPASSABLE ROADS. - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: All right. That brings us to Item 12B,
formerly 16K19. This is a recommendation to approve a
proclamation declaring a local state of emergency to repair private
impassable roads within unincorporated Collier County which pose a
threat to the health, safety, and welfare of Collier County citizens,
and finding a valid public purpose for expending public funds to
immediately repair private, impassable roads. This one did have an
updated fiscal impact of $1,238,800 and is being moved to the
regular -- or was moved to the regular agenda at Commissioner
LoCastro's request.
COMMISSIONER LoCASTRO: Yeah. Crystal, this
informative booklet here, did every commissioner get one?
MS. KINZEL: Yes.
COMMISSIONER LoCASTRO: Okay. So here's all I would
say -- and I'll be brief. It's been a long day. Amy and I talked about
this a bit. This has to do with the Six L Farm road being unpassable,
right, basically? And others, right?
COMMISSIONER McDANIEL: It has to do with 78 miles in
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our county that are still unpassable.
COMMISSIONER LoCASTRO: Yeah, and others. Usually we
sort of -- at least from my district, so point well taken.
So I'll just say in summary, it's great to hear 10 reasons why we
can't do something. I think we need to figure out what we can do.
So I could read 100 volumes of things that say illegal, immoral,
unethical, illegal, immoral, unethical. Okay. Then what's our
direction to the citizens of all these unpassable roads?
Because I will tell you, if my grandmother lived at the end of the
unpassable road and had a heart attack -- what's more concerning to
me are the letters we got from EMS saying, "We're worried we
can't -- we can't make it through those roads."
And I think if I sent them a copy of this, I'd be embarrassed to
do that. And not that this isn't -- this isn't valuable, it is, but we have
to come up with an answer of how we're going to be able to make
those -- bring those roads up to standard.
And what I don't want to talk about for three hours is what the
citizens should have done and it's a -- we got that, okay. Nobody's
got a DeLorean. We're not going back in time and getting the
citizens to do what they should have done in many cases. But what
can we do now?
So I don't know if this is something -- you know, I think it's
something that we -- should be continued. I just got this on my desk
today. We probably all did. As I was flipping through it, it's like,
there's, you know, a whole lot of things in here that we can't do, but I
would like to know what we can do.
Go ahead, sir.
COMMISSIONER McDANIEL: Well, he's -- there's somebody
ahead of me.
CHAIRMAN KOWAL: Commissioner Hall was ahead of you.
COMMISSIONER HALL: Thank you, Chairman.
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I have two things that concern me about this, and they may be
able to be worked out. The one of them is declaring an emergency
when we don't have an emergency just to say that we can get to
the -- and the other thing was in lieu -- in align with that -- along with
that, is it only lasts for 42 days. Now, we may be able to get around
that in some kind of way, but those were the two things that I
understood -- I just didn't have peace about declaring an emergency
when we don't have one.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Okay. And now for the rest
of the story.
I -- we have been working on this circumstance forever, and it
preceded this entire board, clear back -- ever since time in memorial.
There are multiple ways to cure this issue. My suggestion is the
County Attorney and I -- and he has told me that by the declaration of
emergency we stay in the envelope of allowable expenditure of
public -- public funds on private property.
Regardless -- I mean, the Clerk gave me the book -- I haven't
read it yet. I will, I promise. I usually don't read your stuff, but I will
read it.
But the bottom line is, the County Attorney, who I rely upon to
give me legal advice as to what we can and can't do, has
recommended that we do the declaration of emergency, which is
what this is for.
Second -- in part to that, we are going to the AG for an opinion
of the AG to ensure that we don't engage a contractor, hire a
contractor, and then she's feeling obligated or being told that she can't
do it because of a legality. That will lift that shroud.
And so my suggestion is go forward with the declaration of
emergency. We'll then submit -- we may need to continue the item or
do whatever we need to do timewise until we get the AG's opinion
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back, but that should lift the veil with the Clerk with regard to
whether or not she can, in fact, hire the contractor.
The good news about all this, because of what our Clerk has
brought forward, by the methodology that's, in fact, been put in place,
there was 110, 111 miles of private roads that weren't being tended
before. Now, with this opt-out provision that the County Attorney
worked -- and I worked with, we have formal written commitments
from property owners on those lands to tend that -- those
40-some-odd miles that weren't there before.
So there's bonuses coming out of these -- what we feel -- what I
feel like are gyrations. They're not gyrations. But my suggestion is,
our -- our County Attorney has said with this -- I don't -- she's
standing there at the podium. But with this declaration of emergency,
this helps the cause with regard to this methodology.
CHAIRMAN KOWAL: And before I go to you, Commissioner,
I just want some clarity. And since the attorneys are here -- when I
spoke to the attorney and when I asked -- I posed the question, I
think -- I think in his legal mind or mindset was if we just go to the
AG and ask if we can use public money for private roads, I think he
knew the answer already. I think this was an avenue to get something
in front of the Attorney General's Office with this mindset. I don't
think this was to declare the emergency. This was just a mindset to
get another opinion if we went this route and get an opinion on this
route, not that we're declaring anything and not doing anything until
we get an opinion. Is that clear, or is that --
MS. ASHKAR: If I may, Sally Ashkar, Assistant County
Attorney.
So the reason that this is before you today is that there is an
existing AG opinion that says if there is a declared state of
emergency, then public funds may be expended for private use. In
this case, it would be for the roadway.
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CHAIRMAN KOWAL: But that's state. You just said state;
"declared state of emergency."
MS. ASHKAR: Yes.
CHAIRMAN KOWAL: So that would have to come from the
Governor's office.
MS. ASHKAR: No, sir. Under chapter --
COMMISSIONER HALL: State of --
CHAIRMAN KOWAL: Oh. As in state, okay.
MS. ASHKAR: Yes, sir. So --
COMMISSIONER McDANIEL: And we --
CHAIRMAN KOWAL: Let her finish, because this is --
COMMISSIONER McDANIEL: I'm sorry.
CHAIRMAN KOWAL: This is something that I was trying to
get clarity on, and I don't know if I got clarity, so I want to hear what
you --
MS. ASHKAR: Yes, sir. So Chapter 252 of the Florida Statutes
is the emergency management power statute in the state of Florida,
and that gives local governments the broad powers to declare state of
emergencies.
And to answer Commissioner Hall's question from earlier,
"emergency" is a very broad definition under that statute. It means
any occurrence or threat, whether natural, technological, or
man-made which results or may result in substantial injury or harm to
the population or substantial damage to or loss of property. So that
broad definition of emergency gives us the ability as a local
government to declare that state of emergency in this case to be able
to fix those roads.
CHAIRMAN KOWAL: Okay. So by that means, then -- by
your definition, then, we have an ordinance with Conservation
Collier that if we declare a state of emergency, we can use their
funds?
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COMMISSIONER McDANIEL: Correct.
MS. ASHKAR: Yes.
COMMISSIONER LoCASTRO: That's one option.
COMMISSIONER McDANIEL: That's an option.
COMMISSIONER LoCASTRO: It's an option.
COMMISSIONER McDANIEL: That's not the option being
proposed for this right now, but that's an option.
CHAIRMAN KOWAL: I know. I'm just saying, because the
way that's verbalized -- and we created that ordinance.
COMMISSIONER HALL: Make a motion to declare
emergency.
CHAIRMAN KOWAL: We created that ordinance --
COMMISSIONER McDANIEL: I'm trying to do that.
CHAIRMAN KOWAL: -- in a way. And what you're saying --
MR. TEACH: Commissioner, I could tell you in other context,
in procurement and construction context, there's case law out there
that says that if the Board determines there is an emergency, there's
deference to what you determine is an emergency. So, basically,
what you say is an emergency is an emergency.
In this context, I don't have the background that Sally has, but I
know in other contexts in the state of Florida, whatever you deem is
an emergency will be accepted as an emergency.
MS. ASHKAR: And that definition in the state statute is
consistent with what Mr. Teach just told you.
And so based on that prior AG opinion that says that in a
declared state of emergency those public funds may be expended to
repair private roads, and we've got a specific AG that says that, that's
the reason for this being before you --
CHAIRMAN KOWAL: That's what I thought.
MS. ASHKAR: -- so that when we do go to the AG we can say,
"Look, you've already got this AG opinion from years prior that says
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if you have a declared state of emergency we can move forward with
this MSTU." And so that is the purpose of this.
Commissioner Hall, to answer your other question about the
dating on this, what we can do is make the effective date of the state
of emergency after we get the AG opinion back.
CHAIRMAN KOWAL: Yeah. That's what I was hoping, that it
would be after the fact of the AG opinion.
MS. ASHKAR: Of course, depending on the result. So if the
result is in our favor, then, of course, we would simply date the state
of emergency after we receive that opinion to give us the full 42 days.
CHAIRMAN KOWAL: Do we have to revisit it, though? I
think that was the other question.
MS. ASHKAR: There's an extension, so it can be extended. So
based on the time frames in the statute, it would have to come back
for an extension. But other than that, the total time frame is 42 days,
and that's all you would have to do.
COMMISSIONER HALL: It comes in seven-day increments.
CHAIRMAN KOWAL: Yeah, seven-day increments, that's
what I understand.
MS. ASHKAR: Exactly, exactly.
COMMISSIONER HALL: So just let me be clear, the
emergency would be that we can't get down the roads and the
people's health and people's welfare are in jeopardy. So it's not like a
state of emergency where we have to have a flood or a tornado or a
hurricane?
COMMISSIONER McDANIEL: Correct.
MS. ASHKAR: Correct. And you can also think about it,
Commissioner, from the perspective of evacuations, wildfires, the
spreading of wildfires --
COMMISSIONER HALL: Okay.
MS. ASHKAR: -- to be able to access the areas. If we can't get
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there, those wildfires will spread, as, you know, flooding and other
types of natural disasters and things like that. So this is a preemptive
measure to address that need.
CHAIRMAN KOWAL: Yeah. I just didn't want this to be a
vote that leaves this dais tonight, and then Trinity goes out hires
somebody to fix these road, and the AG comes back and says, "Oh,
no, you can't do that."
MS. ASHKAR: We are still going to proceed with the AG --
CHAIRMAN KOWAL: I just want to make sure we're still
going to proceed with the AG --
MS. ASHKAR: We are still going to proceed, but this gives us
teeth so --
CHAIRMAN KOWAL: Yeah, that's what I thought. It was
kind of a way of going around it to get an opinion.
MS. ASHKAR: Yeah, it gives us teeth.
CHAIRMAN KOWAL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Well, I just want to remind
everyone -- I don't want to debate the semantics of state of
emergency. If it helps us or hurts us, you know, you do whatever you
think's best. But I just want to remind everyone, when -- like you
said, we've been talking about this for a while, and I don't know about
you-all, but I got several letters from EMS folks because like you
said, it's not just my Six L Farm road -- it's many more -- but that's
the one I'm focused on that actually sent letters that talked about an
emergent need.
And, you know, when you have EMS saying, "We're really
worried about being able to go down and save a life" -- I mean, I can
dig those letters out. We had -- some of those were just -- were
verbal conversations. But there was a -- when we first started talking
about this, our first responders felt this was an emergent requirement
to solve.
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MS. ASHKAR: Yes, sir. When you have your Emergency
Services division saying, "We can't access the area," who better to
tell you that there's an emergency.
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER McDANIEL: If I can just reiterate --
CHAIRMAN KOWAL: Go ahead, Commissioner McDaniel.
I'll take you off the list.
COMMISSIONER McDANIEL: Good. I am still president of
the Corkscrew Island Neighborhood Association when Coletta tapped
me 25 years ago, because we used to establish MSTUs for private
roads, and he wanted to do one individually for the Corkscrew
Swamp area, No. 1.
Number 2, I lost a friend on Frangi -- or on Lilac,
who -- because we couldn't get an ambulance in there to get him
when he had his heart attack.
And this -- this path that we're on right now has been done in the
past. We have established a state of emergency on Platt Road twice
and spent an inordinate amount of money fixing Platt Road which
was the access point that the ambulance needed to do to get to my
friend on Lilac.
So this -- what we're -- what we're proposing here hasn't not
been done. The Clerk's Office has been able to pay under a -- under a
declaration of emergency. We have expended public money on
private property and fixed those roads in the past.
For your brain, my plan is, staff's looking at this. We're aware
of these circumstances on these -- on these -- on the condition of
these roads.
We had fire, EMS, and Sheriff go inspect. All three of them
gave us reports and rated these roads. This -- the estimates of
this -- my battle plan is is once this construction and the repairs are
complete, then -- because we're going to lift the cap. Remember we
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set a one mil cap on this tax? We're going to lift the cap and then
allow for an appropriate charge to go back to the roads that we're, in
fact, going to fix so that it's not burdening the rest of the people for
the balance of the ongoing expenses. So there's more to this than just
this.
CHAIRMAN KOWAL: No, I agree, I agree. I just felt we
wanted to make sure we had clarity on this step what we're going to
take into consideration today.
COMMISSIONER McDANIEL: Yes, sir.
CHAIRMAN KOWAL: So I have nobody else lit up.
Do you have anything else you want to add?
MS. ASHKAR: I have nothing else. I'm happy to answer any
other questions you may have.
COMMISSIONER McDANIEL: I'll move for approval.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN KOWAL: I have a move for approval and a
second. All in favor, signify by saying aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN KOWAL: Aye.
COMMISSIONER HALL: Aye.
MS. KINZEL: Commissioner.
CHAIRMAN KOWAL: Oh, Lord. I didn't even see you
standing there.
MS. KINZEL: That's okay. I just --
COMMISSIONER McDANIEL: Oh, Lord.
MS. KINZEL: -- did want to put on the record that we agreed,
obviously, that we were moving forward with the Attorney General
Opinion.
Commissioner McDaniel, please do read the totality of the
packet that I have provided you. There's quite a bit of information.
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Because there are specific examples in the AG already put forward
that whether an ambulance or a school bus or any of those things
cannot go on a road does not make it a public purpose.
And so I think the problem and the difference of declaring an
emergency right away and doing some repairs right away, the
difference here is that it is purely private property not accessible to
the public, and those are some of the differences that we can explain
in the AGO.
But I did want to put on the record this came forward rather
surprisingly. Because we had worked with the County Attorney's
Office on the AGO. We sent them a draft of our position. They were
going to add the County's position. And then this was put forward.
So I provided you additional information on all the research that
we've done, and we'll work it forward. I hadn't spoken to Sally till 10
minutes ago.
COMMISSIONER McDANIEL: And I'm sorry, by the way --
MS. KINZEL: But the AGO's the end.
COMMISSIONER McDANIEL: -- from me to you.
MS. KINZEL: Go.
COMMISSIONER McDANIEL: I have always contemplated
being a state of emergency as a portion of what we were, in fact,
doing. I didn't ever know that it wasn't part of the original
transaction. So I may -- could have communicated that to you.
MS. KINZEL: There are multiple definitions of the emergency
and the purpose they're used. So I would say -- we will hash that out
and do a proper AGO, and then we'll both get an answer. No need to
argue it here, I guess, but --
COMMISSIONER McDANIEL: We're not arguing.
COMMISSIONER LoCASTRO: Crystal, you agree there's a
way that we could at least approach it? What you listed are ways that
we shouldn't do it. Because I did scan this, and I was like, "Wow,
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these are things we should not do," but, you know --
MS. KINZEL: Commissioner, I think there are ways that the
public -- that the private individuals have to take care of their private
property. We create an HOA in our private community, and we
contribute to that, and that pays it. Not everything is a public
purpose.
And very specifically, the AGOs say just because an ambulance
can't get there, it's still the individual's responsibility for their own
property, where they choose to live and the repairs for those.
If I don't repair my driveway, he says, "Oh, that doesn't make
sense." Well, why? You need -- there are private responsibilities,
and I think that's what the statute's set out to do. But let's go back
and ask the people that made the laws, and I'm willing to do that.
That should clear it up.
COMMISSIONER McDANIEL: Well, the last thing we want to
do is put you in a spot --
MS. KINZEL: Thanks.
COMMISSIONER McDANIEL: -- where you aren't willing to
pay a contractor that we've hired to take care of a circumstance
prevalent within our community.
MS. KINZEL: And I really appreciate that.
COMMISSIONER McDANIEL: And that's where I threw out
the anchor a month or so ago -- two months ago and then brought this
forward.
MS. KINZEL: Correct.
COMMISSIONER McDANIEL: One point of clarity. You've
said this multiple times on the record. These are private roads, but
they are accessible by anybody that chooses to drive down them.
Remember that. You said it multiple times that they're private roads
and they're not accessible to the public. These are accessible to the
public. You can't --
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MS. KINZEL: There's no purpose for the public to be on them;
hence, they are not public roads as declared for a public road.
COMMISSIONER McDANIEL: Not unless you're deer hunting
or coming to my house.
COMMISSIONER LoCASTRO: If you're visiting somebody,
yeah.
COMMISSIONER McDANIEL: I mean, now on some of these
roads, you've got to have a four-wheel drive if you want to go down
them, but you're allowed to go.
COMMISSIONER LoCASTRO: My concern is that our job is
public safety --
COMMISSIONER McDANIEL: Right.
COMMISSIONER LoCASTRO: -- and if the citizens drop the
ball and they can't get there from here now because it's been too long,
great. But we can't undo that. But I think we still -- it's still our
responsibility for public safety.
MS. KINZEL: And some of the -- and just to offer, some of the
solutions, it's the same thing you do with Code Enforcement. If
people have a house that's a danger to them, you cite them, but they're
responsible for making the repair.
And as a matter of fact, then you penalize them if they don't
make the repair appropriate for their own well-being and safety. And
that's probably an even-up approach as we do with other elements of
private homes, private pools, private things, and something that you
might want to consider.
COMMISSIONER McDANIEL: Thank you.
MS. KINZEL: Thank you.
CHAIRMAN KOWAL: Thank you, Crystal.
All right. So we've got -- I guess we already took the vote.
COMMISSIONER HALL: We passed it.
CHAIRMAN KOWAL: I didn't realize she was at the podium.
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That's all right. All right. So that's been passed.
COMMISSIONER McDANIEL: Did we vote on that?
CHAIRMAN KOWAL: Yeah, we did, but then Crystal -- I
didn't realize she was standing there.
All right. So 12B's done.
MS. PATTERSON: That brings us to Item 15, staff and
Commission general communications.
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: 15A is public comments on general topics
not on the current or future agenda by individuals not already heard
during previous public comments in this meeting.
MR. MILLER: I think we heard from everyone in the county
already.
CHAIRMAN KOWAL: Thanks, Troy.
Item #15B
STAFF PROJECT UPDATES
MS. PATTERSON: Item 15B is staff project updates. We have
none.
Item #15C
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STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: That brings us to 15C, staff and
Commission general communications. I'll hold anything I was going
to say to the next meeting.
County Attorney.
MR. TEACH: No comment.
CHAIRMAN KOWAL: Okay. Commissioner Saunders -- oh,
no, you're gone.
Commissioner Hall.
COMMISSIONER HALL: I have nothing.
Commissioner LoCastro, good luck tomorrow. Prayers with
you.
COMMISSIONER LoCASTRO: Oh, yeah, thank you.
Tomorrow's not going to be a great day because of my mom. Do you
want me to go next?
CHAIRMAN KOWAL: Go ahead, Commissioner LoCastro.
COMMISSIONER LoCASTRO: I was going to bring up the
pedestrian ordinance and e-bikes and whatnot. It's been a long day,
so I'm going to table that for a future meeting, but I think it's worth
possibly discussing it here to see if we've got all the details covered
in there.
You know, Commissioner Kowal did a great job bringing us a
draft and adding more things into it, but, you know, I can tell you I
was driving down Fifth Avenue yesterday and I saw four kids on
e-bikes popping wheelies, going on the wrong side of the road. And
I'm not saying an ordinance fixes all that. But I'm also getting emails
from people that are still asking, kind of, questions. Things are a
little ambiguous. Some people sent me some suggestions.
So it's another time for another meeting. What I would just tell
my colleagues is if you have an upcoming town hall or you have a
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newsletter or something, you know, you might want to mention to
citizens, "Hey, I'm looking for feedback of" --
And then what I did in my last newsletter, I attached our
ordinance and said, "Here's what it says." I sort of summarized it a
little, too, to make it easy, and then I did get some input.
And, you know, lastly -- and I don't want to ramble, but this is
important to me; it should be to all of us.
So recently at the Naples Pier, right, a lot of activity, right,
finally, three years later. So there were podiums and a lot of elected
officials and a lot of people were making big speeches and taking a
lot of credit and doing a lot of things.
But I tell you where podiums weren't and where the news was
absent was when our county crew -- and I've got a list of names here.
People like Marshal Miller; John Benoit; Coastal Zone Management,
Andy Miller; solid waste team, you know, led by Kari; Eric Short
from facilities; Robert von Holle from Wastewater; we have Lisa
Blacklidge; Jaime Cook; Trinity Scott; Jamie French; James
Hanrahan from Parks and Rec; and a host of other people who right
after the hurricane were doing unbelievable work, were performing
miracles.
I can tell you there was no podium or Fox News down at
Caxambas when we opened it in record time at basically zero
expense to the County.
I didn't see any podiums at a boat launch on 951 across from
Isles of Capri when I was out there with Jamie and his team, and, you
know, we were standing out there by ourselves looking at this
unbelievable beautiful boat launch that had been almost totally
destroyed by Ian.
And I'm saying that that's the same as the pier. The pier's a
landmark. It's huge. I'm not taking anything away from that. But I
just wanted to give a shout-out to our team who did a lot of stuff
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behind the scenes and didn't get Fox News coverage. There were no
podiums. I didn't see any congressmen there, you know, bragging
about what a great job Collier County was doing.
So to those people I just listed and the other people that they
represent, thank you very much.
A lot of the damage was in my district, but all of us had -- had
issues. And those things, as far as I know, are -- in my district,
they're all long resolved, and the outcome was beautiful and a huge
improvement. And I hope, you know, the pier has the same end
result. But there was a whole lot of things that happened in Collier
County well before people made speeches in front of the pier
bragging about that they're finally going to get started on it.
So thank you to all those folks that I mentioned and everybody
in between.
COMMISSIONER McDANIEL: Well said. Well said.
COMMISSIONER LoCASTRO: Thank you, sir.
CHAIRMAN KOWAL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I've got two. Quick like a
bunny, where are we at on the fire ban?
MS. PATTERSON: We haven't hit the drought index yet. I'll
check in again with Chief Burn, but I did tell him that we're prepared
to implement the burn ban as soon as we hit the 600 drought index.
COMMISSIONER McDANIEL: Okay.
MS. PATTERSON: And that's the -- that's the standard that's
used in forestry, et cetera.
COMMISSIONER McDANIEL: Lean in on that. And I know
every time we get to talking about it, then the good Lord sends us
some rain. But we need to lean in on that --
MS. PATTERSON: Agreed.
COMMISSIONER McDANIEL: -- sooner than later.
MS. PATTERSON: Yes, sir.
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COMMISSIONER McDANIEL: I'm watching what's going on.
I mean, the hydration's good in some of -- in our wetland areas and
things, but it's close, and I don't want to be late ever.
MS. PATTERSON: No, sir. As soon as we get there, we'll do
it.
COMMISSIONER McDANIEL: And then probably at -- not in
comparison. We all know we're about -- we are celebrating our 250th
anniversary of our country, and I would like for us as a government,
as our county, to do as much as we possibly can to acknowledge that,
celebrate it. Some of you in the back that think up really happy
things think up something really happy. And I'm looking at you,
Trinity, because she thinks up happy things all the time.
So I would like for -- I would like for -- some -- something to be
done by our government, by our county in acknowledgment of this
historic event. I'd like to see that.
COMMISSIONER LoCASTRO: You think an event
proclamation or --
COMMISSIONER McDANIEL: Yes, all of the above.
CHAIRMAN KOWAL: All the above.
COMMISSIONER McDANIEL: All of the above.
CHAIRMAN KOWAL: I'll grab a six-pack and some sparklers.
COMMISSIONER McDANIEL: I'm down.
COMMISSIONER HALL: Wasn't Trinity Square
Bob -- Square Pants -- Sponge Bob Square Pants or something? She
dressed up.
COMMISSIONER McDANIEL: That would -- I just --
MS. PATTERSON: Piñata.
COMMISSIONER McDANIEL: I think that's something we
ought to do.
CHAIRMAN KOWAL: Yeah, for sure. It's not every time -- I
remember the 200th year anniversary, 1976.
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COMMISSIONER McDANIEL: You weren't born yet. I was
born. I was 10 years old. Stop. I'm an old man.
But I just want to -- I kind of -- I'm going to -- I might as well
just bring it up now, but -- I don't know if there's an appetite for it,
but I've been getting a lot of -- in my district -- you know, I have a
ton of gated communities with their own HOAs and their own little
governments and things like that exist. And I've had a couple
situations where I have HOAs, like, allow -- like, their particular
board at the time allows to park, like, a small RV or something like
that in their driveways, but our ordinance does not allow it. So they
get these letters, and then they're getting hit from the County even
though their community -- or the people they elect in their HOAs
allow those type of things.
And I was talking with staff and talking that maybe -- even if we
put maybe an extra line or two at the end of our ordinance that puts
all the responsibility back on the HOA. If that's something they
allow within their gated community, put it back on them, and then,
you know, like a little thing that says in there, as long as you have
written permission, you know, from your HOA, you know, that
ordinance -- it could be in the ordinance, but remember that if your
board changes and they don't approve it anymore, then you have to
abide by your HOA rules, so --
COMMISSIONER LoCASTRO: Jeff Klatzkow gave me a good
two-liner that I cut and pasted. I had several that reached out to me
and said, "Oh, they're making us do A, B, C, D, and E, but the
County doesn't allow it." And Jeff basically, in really clean English
said, "Once you drive through that gate of your HOA" -- I mean, it's
not like, oh, you can do whatever you want, but the things that the
people had listed that they were upset about, "Hey, that's -- if you
want to live in Fiddler's Creek and they don't want you to park a boat
in your driveway and you don't like that, then don't -- you don't live
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in Fiddler's Creek." It was that kind of thing.
CHAIRMAN KOWAL: Yeah.
COMMISSIONER HALL: Subject to HOA rules.
COMMISSIONER LoCASTRO: Yeah, yeah, absolutely.
CHAIRMAN KOWAL: Yeah, subject to HOA rules, like, that
pertain to RV, you know, recreational vehicle parking on their own
property.
Maybe we'll visit something. I can get good language written up
with the staff and figure out and maybe bring that back.
But I just want to thank everybody for being gentle on me
today --
COMMISSIONER HALL: You did a good job.
CHAIRMAN KOWAL: -- for my first chairmanship.
COMMISSIONER HALL: Just 406 speakers.
COMMISSIONER LoCASTRO: 7:44. You should be ashamed
of yourself for keeping us here that long.
CHAIRMAN KOWAL: I know. Maybe I'll keep you here a
little longer. No.
All right, guys. I appreciate it. We are adjourned.
*******
****Commissioner Hall moved, seconded by Commissioner Kowal
and carried that the following items under the consent and summary
agendas by approved and/or adopted****
Item #16A1
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $37,640, WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
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PL20230006651 FOR WORK ASSOCIATED WITH ST.
KATHERINE’S GREEK ORTHODOX CHURCH – THE AS-BUILT
LAKES WERE INSPECTED BY DEVELOPMENT REVIEW ON
NOVEMBER 18, 2025
Item #16A2
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $25,000, WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20230003023 FOR WORK ASSOCIATED WITH SIENA LAKES
WEST – THE AS-BUILT LAKES WERE INSPECTED BY
DEVELOPMENT REVIEW ON NOVEMBER 18, 2025
Item #16A3
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $271,708, WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20240003520 FOR WORK ASSOCIATED WITH OPUS STONE
– THE AS-BUILT LAKES WERE INSPECTED BY
DEVELOPMENT REVIEW ON NOVEMBER 24, 2025
Item #16A4
COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) IN THE
AMOUNT OF $19,515.20 TO THE PROJECT ENGINEER OR
DEVELOPER’S DESIGNATED AGENT FOR FIDDLER’S CREEK
GOLF CLUBHOUSE, PL20240002827 – THE BCC GRANTED
FINAL ACCEPTANCE OF UTILITIES ON NOVEMBER 12, 2024
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Item #16A5
COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) IN THE
AMOUNT OF $26,539.86 TO THE PROJECT ENGINEER OR
DEVELOPER’S DESIGNATED AGENT FOR ALLEGRO AT
HACIENDA LAKES, PL20230012818 – THE BCC GRANTED
FINAL ACCEPTANCE OF UTILITIES ON NOVEMBER 12, 2024
Item #16A6
COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) IN THE
AMOUNT OF $12,537 TO THE PROJECT ENGINEER OR
DEVELOPER’S DESIGNATED AGENT FOR FIDDLER’S CREEK
MARSH COVE PH. 2 - 8" FORCE MAIN REPLACEMENT,
PL20240007859 – THE BCC GRANTED FINAL ACCEPTANCE
OF UTILITIES ON NOVEMBER 12, 2024
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE WATER UTILITY FACILITIES FOR
BRICKYARD CARWASH AT RANDALL CURVE,
PL202500010708 – ON NOVEMBER 3, 2025, STAFF
CONDUCTED A FINAL INSPECTION AND FOUND THE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A8
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Page 315
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR
TERRENO AT VALENCIA GOLF AND COUNTRY CLUB PHASE
3B, PL20250007730 – ON OCTOBER 1, 2025, STAFF
CONDUCTED A FINAL INSPECTION AND FOUND THE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A9
RESOLUTION 2026-01: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE
IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT
DEDICATIONS, FOR THE FINAL PLAT OF MAPLE RIDGE AT
AVE MARIA, PHASE 6B, APPLICATION NUMBER
PL20180001175 (PPL) AND PL20190000868 (PPLA) AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITIES IN THE AMOUNT OF $428,299.92
Item #16A10
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $1,367,905.69 FOR A REDUCED
PAYMENT OF $30,770.50 IN THE CODE ENFORCEMENT
ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS.
RONALD ABEL, IN SPECIAL MAGISTRATE CASE NO.
CEPM20180004112, RELATING TO THE PROPERTY LOCATED
AT 2172 41ST TER SW, COLLIER COUNTY, FLORIDA
Item #16A11
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January 13, 2026
Page 316
THE SECOND AMENDMENT TO AGREEMENT NO. 25-8360
“NORTH COLLIER REGIONAL PARK FOOD SERVICES” WITH
TEXAS TONY’S BBQ, INC., (“TEXAS TONY’S”), TO REMOVE
THE INITIAL 25% PAYMENT AND AUTHORIZE THE CHAIR
TO SIGN THE ATTACHED AMENDMENT
Item #16A12
STAFF TO ADVERTISE AND BRING BACK FOR A PUBLIC
HEARING AN ORDINANCE AMENDING THE LAND
DEVELOPMENT CODE, PURSUANT TO F.S. 125.022, TO
REVISE TIMEFRAMES FOR PROCESSING APPLICATIONS
FOR APPROVAL OF DEVELOPMENT PERMITS OR
DEVELOPMENT ORDERS [PL20250010243]
Item #16A13 – Continued to the January 27, 2026, BCC Meeting
(Per Agenda Change Sheet)
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
Item #16A14
CONSERVATION COLLIER HENDRIX HOUSE PROPERTY
INTERIM MANAGEMENT PLAN UNDER THE
CONSERVATION COLLIER PROGRAM AND TO NAME THE
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January 13, 2026
Page 317
PROPERTY BLACK BEAR PATH PRESERVE – THE 17.66-ACRE
PROPERTY WAS PURCHASED ON JUNE OF 2025
Item #16A15 – Moved to Item #11E (Per Agenda Change Sheet)
PROPERTIES ON THE CONSERVATION COLLIER LAND
ACQUISITION ADVISORY COMMITTEE’S NOVEMBER AND
DECEMBER 2025 RECOMMENDED ACTIVE ACQUISITION
LISTS AND DIRECT STAFF TO PURSUE THE PROJECTS
RECOMMENDED WITHIN THE A-CATEGORY, FUNDED BY
THE CONSERVATION COLLIER LAND ACQUISITION FUND –
Item #16A16
TERMINATION OF GRANT AGREEMENT (L2301) BETWEEN
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) AND COLLIER COUNTY FOR THE
LEGISLATIVE LINE-ITEM COLLIER COUNTY PARKS AND
RECREATION ATHLETIC COURTS RESURFACING PROJECT
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS
– THE COUNTY HAS OT RECEIVED ANY GRANT REVENUE
TODATE FOR THIS PROJECT
Item #16B1
ISSUANCE OF A PURCHASE ORDER UNDER AGREEMENT
NO. 21-7842 “ROADWAY CONTRACTORS” TO AUTHORIZE
THE REPLACEMENT OF THE MULTI-USE GREENWAY PATH
ON VANDERBILT DRIVE TO QUALITY ENTERPRISES USA,
INC., IN THE AMOUNT OF $845,066. (PROJECT #1617-162543)
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January 13, 2026
Page 318
Item #16B2
RESOLUTION 2026-02: THE REMOVAL OF UNCOLLECTIBLE
ACCOUNTS RECEIVABLE IN THE AMOUNT OF $109.03 FROM
THE FINANCIAL RECORDS OF THE MPO GRANTS FUND
(1809) IN ACCORDANCE WITH RESOLUTION 2006-252,
DETERMINE THAT THIS ADJUSTMENT IS IN THE BEST
INTEREST OF THE COUNTY, AND AUTHORIZE THE CHAIR
TO EXECUTE THE ATTACHED RESOLUTION
Item #16B3
AGREEMENT FOR THE DONATION OF A DRAINAGE
EASEMENT (PARCEL 120DE) REQUIRED FOR THE
EVERGLADES CITY DRAINAGE IMPROVEMENT PROJECT
(ESTIMATED FISCAL IMPACT: $100) – ON COLLIER AVENUE
Item #16B4
RESOLUTION 2026-03: A RESOLUTION AUTHORIZING THE
CHAIR TO EXECUTE A PUBLIC TRANSPORTATION GRANT
AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), FPN# 452749-1-84-04, IN THE
AMOUNT OF $565,316, PROVIDING FOR STATE FUNDING
FOR ELIGIBLE COLLIER COUNTY FIXED-ROUTE TRANSIT
ADMINISTRATIVE MANAGEMENT AND OPERATIONAL
EXPENSES ON THE US 41 CORRIDOR, AND APPROVE THE
NECESSARY BUDGET AMENDMENT
Item #16B5
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January 13, 2026
Page 319
RESOLUTION 2026-04: A RESOLUTION AUTHORIZING THE
CHAIR TO EXECUTE SECTION 5339 PUBLIC TRANSIT
GRANT AGREEMENT (FPN 457348-2-94-25) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO ACCEPT
FEDERAL TRANSIT ADMINISTRATION GRANT FUNDING IN
THE TOTAL AMOUNT OF $208,305 TO IMPROVE EXISTING
BUS STOPS TO SUPPORT FIXED ROUTE SERVICES IN THE
RURAL AREAS OF COLLIER COUNTY AND TO APPROVE
THE NECESSARY BUDGET AMENDMENT
Item #16B6
AN ADMINISTRATIVE AMENDMENT TO THE FEDERAL
TRANSIT ADMINISTRATION (FTA) FOR THE SECTION 5307
FHWA FLEX FUND (FL-2017- 055) AND THE SECTION 5339
BUS AND BUS FACILITIES FORMULA GRANT (FL-2017-017)
GRANT AWARDS; TO ADD THE PERIOD OF PERFORMANCE
(POP) FIELD WITHIN THE AGREEMENT AND TO
INCORPORATE THE RESPECTIVE POP END DATE; AND TO
AUTHORIZE THE EXECUTION OF THE AMENDMENT IN THE
FTA’S TRANSIT AWARD MANAGEMENT SYSTEM (TRAMS)
Item #16B7
A BUDGET AMENDMENT TO THE SECTION 5324 FY18 (2019-
025-02) EMERGENCY RELIEF FOR IRMA GRANT AWARD
BETWEEN THE FEDERAL TRANSIT ADMINISTRATION AND
COLLIER COUNTY TO OBLIGATE THE ADDITIONAL
ALLOCATION IN THE AMOUNT OF $10,505,421; AUTHORIZE
THE EXECUTION OF THE AMENDMENT THROUGH THE FTA
TRANSIT AWARD MANAGEMENT SYSTEM (TRAMS),
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January 13, 2026
Page 320
ACCEPT THE AWARD AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS
Item #16B8
STAFF TO UPDATE THE COLLIER COUNTY WELLFIELD
PROTECTION ZONE MAPS ALONG WITH THE
ACCOMPANYING SECTIONS OF THE LAND DEVELOPMENT
CODE AND GROWTH MANAGEMENT PLAN AND BRING THE
UPDATE BACK TO THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS FOR CONSIDERATION –
ENSURING THE PRESERVATION AND SAFETY OF PUBLIC
DRINKING WATER SUPPLIES
Item #16C1 – Moved to the January 27, 2026, BCC Meeting (During
Agenda Changes by Commissioner McDaniel)
AWARDING REQUEST FOR PROPOSAL NO. 25-8412,
“DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES,”
TO ASHBRITT, INC., CERES ENVIRONMENTAL SERVICES,
INC., CROWDER GULF JOINT VENTURE, INC., DRC
EMERGENCY SERVICES, LLC, AND PHILLIPS
ENVIRONMENTAL, LLC, AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED AGREEMENTS
Item #16C2
BOARD OF COUNTY COMMISSIONERS, AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, AWARD INVITATION TO BID NO. 25-8380
TO QUALITY ENTERPRISES USA, INC., FOR THE PINE RIDGE
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January 13, 2026
Page 321
ROAD & I-75 IQ MAIN REPLACEMENT PROJECT, IN THE
AMOUNT OF $1,921,026, APPROVE AN OWNER’S
ALLOWANCE OF $100,000, AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED AGREEMENT (PROJECT NUMBER
70289) – RELOCATING AN ESISTING 10’ IQ WATER PIPELINE
ACCOMMODATING FDOT PROPOSED IMPROVEMENTS AT
PINE RIDGE AND THE I-75 INTERCHANGE
Item #16C3
BOARD OF COUNTY COMMISSIONERS, AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, AWARD INVITATION TO BID NO. 25-8392
TO UNIVERSAL CONTROLS INSTRUMENT SERVICES, INC.,
FOR INSTRUMENT CALIBRATION, REPAIR, AND
REPLACEMENT SERVICES, TERMINATE FOR CONVENIENCE
AGREEMENT #20-7750 WITH UNIVERSAL CONTROLS
INSTRUMENT SERVICES, INC., TRINOVA INC., AND BENRO
ENTERPRISES INC., AND AUTHORIZE THE CHAIR TO SIGN
THE ATTACHED AGREEMENT
Item #16C4
BOARD OF COUNTY COMMISSIONERS, AS THE EX OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, APPROVE UPDATED AGREEMENTS WITH
THE GREATER NAPLES FIRE CONTROL AND RESCUE
DISTRICT AND THE NORTH COLLIER FIRE CONTROL AND
RESCUE DISTRICT TO PROVIDE ACCESS TO RAW WATER
FOR FIREFIGHTING PURPOSES
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January 13, 2026
Page 322
Item #16D1
CHAIR TO SIGN A MOU BETWEEN COLLIER COUNTY AND
THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC., TO
SUPPORT THE LOW-INCOME POOL FOR MENTAL HEALTH
AND SUBSTANCE USE SERVICES (GENERAL FUND-
(MENTAL HEALTH) 0001)
Item #16D2
CHAIR TO SIGN THE FIRST AMENDMENT BETWEEN METRO
TREATMENT OF FLORIDA, L.P., D/B/A NEW SEASON
TREATMENT CENTER 9 (NEW SEASON) AND COLLIER
COUNTY TO UPDATE THE PAYMENT DELIVERABLE
LANGUAGE, EXTEND THE PERIOD OF PERFORMANCE, AND
UPDATE GRANT COORDINATOR INFORMATION (OPIOID
GRANT FUND 1850)
Item #16D3
CHAIR TO EXECUTE TWO (2) RELEASES OF DECLARATIONS
OF RESTRICTION FOR IMMOKALEE FRIENDSHIP HOUSE,
INC., (ST. MATTHEW’S HOUSE) RELATED TO ACTIVITIES
FUNDED UNDER THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT EMERGENCY SOLUTIONS GRANT
(ESG) PROGRAM IN THE TOTAL AMOUNT OF $194,473, AND
TO APPROVE THE CORRESPONDING BUDGET
AMENDMENTS RECOGNIZING NON-GRANT REVENUE OF
$181,232.96 AND ESG PROGRAM INCOME OF $13,240.04.
(HOUSING GRANT MATCH FUND 1836 & HOUSING SUPPORT
FUND 1806)
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January 13, 2026
Page 323
Item #16D4
CHAIR TO SIGN EIGHT (8) MORTGAGE SATISFACTIONS FOR
THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN
PROGRAM IN THE AMOUNT OF $145,000.00 AND TO
APPROVE A BUDGET AMENDMENT TO RECOGNIZE
$66,666.67 IN REVENUE FROM LOAN PAYOFFS (SHIP GRANT
FUND 1053)
Item #16D5
CHAIR TO SIGN ONE (1) MORTGAGE SATISFACTION FOR
THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN
PROGRAM IN THE AMOUNT OF $10,000.00 DUE TO THE
DEATH OF THE BORROWER(S) (SHIP GRANT FUND 1053)
Item #16D6
CHAIR TO SIGN ONE (1) RELEASE OF LIEN IN THE AMOUNT
OF $7,570.20 FOR PROPERTIES THAT HAVE REMAINED
AFFORDABLE FOR THE REQUIRED 15-YEAR PERIOD SET
FORTH IN THE STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) IMPACT FEE PROGRAM DEFERRAL AGREEMENTS
FUND 1053 – Folio #61737480002
Item #16D7
CHAIR TO SIGN ONE (1) RELEASE OF LIEN IN THE AMOUNT
OF $2,537.92 FOR A PROPERTY THAT HAS MET THE PERIOD
OF AFFORDABILITY FOR THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) DISASTER ASSISTANCE PROGRAM.
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Page 324
(FUND 1053) – LOCATED AT 273 QUAIL ROOST UNIT II-A
Item #16D8
CHAIR TO SIGN FOUR (4) RELEASES OF LIEN FOR FULL
PAYMENT IN THE AMOUNT OF $59,807.71, PURSUANT TO
THE AGREEMENT FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR OWNER-OCCUPIED
AFFORDABLE HOUSING DWELLINGS – LOCATED AT 1172
ALLEGIANCE WAY, IMMOKALEE; 1474 DURSO CT,
IMMOKALEE; 3752 JUSTICE CIRCLE, IMMOKALEE; AND
1823 FREY CT, NAPLES
Item #16E1
RATIFYING 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 THIRD AND FOURTH QUARTERS OF FY 25
Item #16E2
ADMINISTRATIVE REPORT BY THE PROCUREMENT
SERVICES DIVISION FOR VARIOUS COUNTY DIVISIONS’
AFTER-THE-FACT PURCHASES IN ACCORDANCE WITH
PROCUREMENT ORDINANCE NO. 2025-34, AND THE
PROCUREMENT MANUAL AND AUTHORIZE THE TIMELY
PAYMENT OF OUTSTANDING INVOICES IN THE AMOUNT OF
$19,956.25 – FOR THE AFTER-THE-FACT FORM SUBMISSION
BY EARTHTECH ENTERPRISES, INC.
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January 13, 2026
Page 325
Item #16E3
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR THE DISPOSAL OF
PROPERTY THAT IS NO LONGER VIABLE AND REMOVE
CAPITAL ASSETS FROM THE COUNTY’S CAPITAL ASSETS
RECORDS
Item #16F1
AGREEMENTS FOR INVITATION FOR QUALIFICATION NO.
24-8200, “ANNUAL AGREEMENT FOR GENERAL
CONTRACTORS,” FOR COUNTY-WIDE GENERAL
CONTRACTOR SERVICES TO O-A-K/FLORIDA, INC., CAPITAL
CONTRACTORS, LLC, A2 GROUP, INC., ENVIROSTRUCT LLC,
RYCON CONSTRUCTION, INC., FL STAR CONSTRUCTION,
LLC, MADE IN RIO, INC., DEC CONTRACTING GROUP, INC.,
EBL PARTNERS, LLC, WM. J. VARIAN CONSTRUCTION
COMPANY, INC., VANTAGE CONSTRUCTION SERVICES,
LLC, VETOR CONTRACTING SERVICES, LLC, AND TO
AUTHORIZE THE CHAIR TO SIGN THE ATTACHED
AGREEMENTS
Item #16F2
CHAIR TO EXECUTE THE EMERGENCY MANAGEMENT
PERFORMANCE GRANT (EMPG) AGREEMENT G0635 FROM
THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT
(FDEM) IN THE AMOUNT OF $100,739.99 FOR EMERGENCY
MANAGEMENT PROGRAM PLANNING, RESPONSE, AND
MITIGATION EFFORTS, AND AUTHORIZE NECESSARY
Page 332 of 3707
January 13, 2026
Page 326
BUDGET AMENDMENTS. (FUND 1833, PROJECT NO. 33973) –
THIS GRANT IS EFFECTIVE AS OF OCTOBER 1, 2025, THRU
SEPTEMBER 30, 2026
Item #16F3
DRAINAGE EASEMENTS FROM THE CONTESSA
CONDOMINIUM ASSOCIATION, INC., (“CONTESSA”), AND
BAY COLONY COMMUNITY ASSOCIATION, INC.,
(“BCCA”), FOR ACCESS AND DRAINAGE MAINTENANCE OF
THE MASTER PELICAN BAY STORMWATER SYSTEM – PBSD
TO ASSUME THE ADDITIONAL DRAINAGE MAINTENCE
RESPONSIBILITIES WITHIN BAY COLONY
Item #16F4
RESOLUTION 2026-05: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING RESERVES) TO THE
FISCAL YEAR 2025-26 ADOPTED BUDGET
Item #16F5
RESOLUTION 2026-06: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2025-26 ADOPTED BUDGET
Item #16F6
A REPORT OF ADMINISTRATIVE BUDGET AMENDMENTS TO
THE FISCAL YEAR 2025-26 ADOPTED BUDGET APPROVED
Page 333 of 3707
January 13, 2026
Page 327
BY THE DESIGNATED BUDGET OFFICER IN ACCORDANCE
WITH BUDGET AMENDMENT POLICY AND PROCEDURE
RESOLUTION NO. 2025-188 AND SECTION 129.06, FLORIDA
STATUTES
Item #16J1
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS IN THE
AMOUNT OF $40,334,526.49 WERE DRAWN FOR THE
PERIODS BETWEEN NOVEMBER 27, 2025, AND DECEMBER
10, 2025, PURSUANT TO FLORIDA STATUTE 136.06
Item #16J2
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF DECEMBER 17,
2025
Item #16J3
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 $113,606,560.94 WERE DRAWN FOR THE
PERIODS BETWEEN DECEMBER 11, 2025, AND DECEMBER
31, 2025, PURSUANT TO FLORIDA STATUTE 136.06
Page 334 of 3707
January 13, 2026
Page 328
Item #16J4
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF JANUARY 7,
2026
Item #16K1 – Moved to Item #12A (Per Agenda Change Sheet)
APPOINTING THOMAS SABOURIN TO THE COASTAL
ADVISORY COMMITTEE – FILLING IN A VACANT TERM
THAT EXPIRES ON MAY 22, 2027
Item #16K2
RESOLUTION 2026-07: REAPPOINTING ERIC KELLY TO THE
PARKS AND RECREATION ADVISORY BOARD – TO A FOUR-
YEAR TERM EXPIRING ON DECEMBER 31, 2029
Item #16K3
RESOLUTION 2026-08: REMOVING TWO MEMBERS AND
APPOINT FOUR NEW MEMBERS TO THE BLACK AFFAIRS
ADVISORY BOARD – REMOVING JIMMY BAYES AND
MICHAEL PATTERSON; APPOINTING JEAN PAUL, PHYLLIS
TYLER (BOTH W/TERMS EXPIRING ON JUNE 25, 2029),
AUBREY FULTON (W/TERM EXPIRING ON JUNE 25, 2026)
AND KEESHA MORISMA (W/TERM EXPIRING ON JUNE 25,
2027)
Item #16K4
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January 13, 2026
Page 329
RESOLUTION 2026-09: REAPPOINTING TARIK AYASUN TO
THE COLLIER COUNTY CODE ENFORCEMENT BOARD –
WITH TERM EXPIRING ON FEBRUARY 14, 2029
Item #16K5
RESOLUTION 2026-10: APPOINTING JOHN MCKINNON TO
THE COLLIER COUNTY CITIZEN CORPS – REPRESENTING
THE RED CROSS FILLING A VACANT TERM EXPIRING ON
NOVEMBER 11, 2026
Item #16K6
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$80,000 PLUS $22,324 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1283FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249 – SETTLING FULL
COMPENSATION FOR THE TAKING OF THE PARCEL
Item #16K7
THE COUNTY ATTORNEY TO MAKE A SETTLEMENT OFFER
OF $2,500, AS A NUISANCE THRESHOLD FOR LITIGATION
STRATEGY PURPOSES, IN THE MATTER STYLED
ANTONIETTA IANNELLI COLBOURN V. COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, CASE NO. 24-CA-
2582, PENDING IN THE CIRCUIT COURT OF COLLIER
COUNTY, FLORIDA
Item #16K8
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January 13, 2026
Page 330
A THIRD AMENDMENT TO A RETENTION AGREEMENT FOR
LEGAL SERVICES WITH WOODS WEIDENMILLER MICHETTI
& RUDNICK, LLP, EXTENDING THE TERM OF
PERFORMANCE AND INCREASING PARTNER HOURLY
RATES FOR THE FIRST TIME IN OVER FOUR YEARS –
EXTENDING THE AGREEMENT THROUGH JANUARY 13, 2029
Item #16K9
THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN
THE LAWSUIT STYLED COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS VERSUS CABULL-LINK, INC.,
(CASE NO. 25-CC-3391), NOW PENDING IN THE COUNTY
COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA, FOR THE SUM OF $16,773.56
Item #16K10
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$190,000 PLUS $45,971 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1295FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249
Item #16K11
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$120,000 PLUS $22,063 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1297FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249 – FOR APPROXIMATELY
Page 337 of 3707
January 13, 2026
Page 331
0.38 ACRES IN EXTENT
Item #16K12
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$142,500 PLUS $30,911 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1354FEE1 REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249, AND DELEGATE
AUTHORITY TO THE COUNTY MANAGER OR HER
DESIGNEE TO PROCESS PAYMENT OF ADDITIONAL
STATUTORY ATTORNEY’S FEES FOR SUPPLEMENTAL
PROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73, FLA.
STAT., BUT NOT TO EXCEED $4,000 – FOR APPROXIMATELY
0.38 ACRES IN EXTENT
Item #16K13
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$145,000 PLUS $31,694 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1354FEE2 REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249 AND DELEGATE
AUTHORITY TO THE COUNTY MANAGER OR HER
DESIGNEE TO PROCESS PAYMENT OF ADDITIONAL
STATUTORY ATTORNEY’S FEES FOR SUPPLEMENTAL
PROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73, FLA.
STAT., BUT NOT TO EXCEED $4,000 – FOR APPROXIMATELY
0.38 ACRES IN EXTENT
Item #16K14
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January 13, 2026
Page 332
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$92,000 PLUS $25,004 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1279FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249 – FOR APPROXIMATELY
0.17 ACRES IN EXTENT
Item #16K15
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$125,000 PLUS $27,472 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1287FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249 – FOR APPROXIMATELY
0.41 ACRES IN EXTENT
Item #16K16
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$90,000 PLUS $16,702 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1349FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249 – FOR APPROXIMATELY
0.24 ACRES IN EXTENT
Item #16K17
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$83,000 PLUS $22,499 IN STATUTORY ATTORNEY FEES,
EXPERT FEES, AND COSTS FOR THE TAKING OF PARCEL
1276FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
Page 339 of 3707
January 13, 2026
Page 333
EXTENSION PROJECT NO. 60249 – FOR APPROXIMATELY
0.17 ACRES IN EXTENT
Item #16K18
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$250,000 PLUS $54,643 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1509RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60249 – FOR APPROXIMATELY
0.15 ACRES IN EXTENT
Item #16K19 – Moved to Item #12B (Per Agenda Change Sheet)
A PROCLAMATION DECLARING A LOCAL STATE OF
EMERGENCY TO REPAIR PRIVATE, IMPASSABLE ROADS
WITHIN UNINCORPORATED COLLIER COUNTY WHICH
POSE A THREAT TO THE HEALTH, SAFETY, AND WELFARE
OF COLLIER COUNTY CITIZENS AND FINDING A VALID
PUBLIC PURPOSE FOR EXPENDING PUBLIC FUNDS TO
IMMEDIATELY REPAIR PRIVATE, IMPASSABLE ROADS (PER
AGENDA CHANGE SHEET) [UPDATED] (FISCAL IMPACT:
$1,238,800) (COMMISSIONER LOCASTRO)
Item #16M1
AFTER-THE-FACT SUBMITTAL OF AMENDMENT NO. 3 TO
AGREEMENT 21CO1 WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION BUREAU OF BEACHES
AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING
ASSISTANCE PROGRAM TO EXTEND THE AGREEMENT TO
Page 340 of 3707
January 13, 2026
Page 334
DECEMBER 31, 2026, TO CONTINUE COLLIER COUNTY
BEACH RENOURISHMENT AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM
Item #16M2
AFTER-THE-FACT SUBMITTAL OF AMENDMENT NO. 4 TO
AGREEMENT 20CO3 WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION BUREAU OF BEACHES
AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING
ASSISTANCE PROGRAM THAT EXTENDS THE GRANT
AGREEMENT TO DECEMBER 31, 2026, TO CONTINUE
COLLIER COUNTY BEACH NOURISHMENT AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM
Item #16M3
AFTER-THE-FACT SUBMITTAL OF AMENDMENT NO. 2 TO
AGREEMENT NO. 23CO3 WITH THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES
AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING
ASSISTANCE PROGRAM THAT EXTENDS THE GRANT
AGREEMENT TO DECEMBER 31, 2026, TO CONTINUE
ELIGIBLE RESTORATION ACTIVITIES FOR DAMAGE
CAUSED BY HURRICANES IAN AND NICOLE AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM
Item #17A
RESOLUTION 2026-11: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
Page 341 of 3707
January 13, 2026
Page 335
PROVIDING FOR AN ESTATES REGIONAL TRANSPORTATION
FACILITY AS AN ANCILLARY PLANT FOR THE SCHOOL
DISTRICT OF COLLIER COUNTY, FLORIDA WITHIN THE
ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION
2.03.01.B.1.C.10 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR A 28.75± ACRE PROPERTY
LOCATED AT THE NORTHWEST CORNER OF IMMOKALEE
ROAD AND 47TH AVENUE NE, IN SECTION 10, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA
[PL20240005691]
Item #17B
RESOLUTION 2026-12: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL
USE TO ALLOW A 140-FOOT-TALL MONOPOLE
COMMUNICATIONS TOWER AND RELATED EQUIPMENT
WITHIN THE ESTATES (E) ZONING DISTRICT PURSUANT TO
SECTIONS 2.03.01.B.1.C., 5.05.09.E.1 AND 5.05.09.H OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE, FOR A
6.23+ ACRE PROPERTY LOCATED AT 4670 43RD AVENUE NE,
IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA. [PL20240000441 - GRIZZLY
RANCH TOWER CONDITIONAL USE (CU)]
Item #17C
RESOLUTION 2026-13: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL
Page 342 of 3707
January 13, 2026
Page 336
USE TO ALLOW A 160-FOOT-TALL MONOPOLE
COMMUNICATIONS TOWER WITHIN THE ESTATES (E)
ZONING DISTRICT PURSUANT TO SECTIONS 2.03.01.B.1.C.12
AND 5.05.09 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, FOR A 2.65+ ACRE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF EVERGLADES
BOULEVARD NORTH AND 58TH AVENUE NE, IN SECTIONS
31 AND 32, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA. [PL20240008204 - MILESTONE TOWERS-
ESTATES CONDITIONAL USE (CU)]
Item #17D
ORDINANCE 2026-01: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS AMENDING THE URBAN
ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA
MASTER PLAN OF THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN SPECIFICALLY TO AMEND THE
GOLDEN GATE PARKWAY AND COLLIER BOULEVARD
SPECIAL PROVISIONS OF THE CONDITIONAL USE
SUBDISTRICT TO ALLOW A CHURCH THE SUBJECT
PROPERTY IS LOCATED AT 5890 GOLDEN GATE PARKWAY,
IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 2.81± ACRES.
[PL20230012851] (THIS ITEM IS A COMPANION TO ITEM #17E)
Item #17E
RESOLUTION 2026-14: A RESOLUTION FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH ON PROPERTY ZONED ESTATES (E) PURSUANT TO
Page 343 of 3707
January 13, 2026
Page 337
SECTION 2.03.01.B.1.C.1 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, ON PROPERTY LOCATED AT 5890
GOLDEN GATE PARKWAY IN SECTION 29, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 2.81+ ACRES [PL20230010505] (THIS ITEM IS
A COMPANION TO ITEM #17D)
Item #17F
ORDINANCE 2026-02: AN ORDINANCE AMENDING THE
LAND DEVELOPMENT CODE TO UPDATE THE
REGULATIONS PERTAINING TO THE REMOVAL OF
PROHIBITED EXOTIC VEGETATION [PL20250006145]
Item #17G
RESOLUTION 2026-15: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2025-26 ADOPTED BUDGET
Item #17H – Continued to the January 27, 2026, BCC Meeting (Per
Agenda Change Sheet)
RECOMMENDATION TO APPROVE AN AUTHORIZE THE 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
Page 344 of 3707
January 13, 2026
Page 338
EXCAVATION ACTIVITIES WITHIN THE PUBLIC RIGHT-OF-
WAY
Page 345 of 3707
January 13, 2026
Page 339
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 7:44 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
___________________________________
DAN KOWAL, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
These minutes approved 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 346 of 3707