Agenda 10/11/2016 Item #10A `10A,
10/11/2016
EXECUTIVE SUMMARY
It is not my intention,with this request for reconsideration,to undermine the hard work and leadership of
Commissioner Henning.
Commissioner Henning was the Chairman of the Board of County Commissioners when the 2003
Everglades Restoration Project agreement for the Southern Golden Gate Estates and the Picayune State
Forest was negotiated.The Board of County Commissioners of Collier County and Commissioner
Henning's constituents were promised access to the former `open' lands in'all weather' as well as a gift
of land to Collier County for a 640 acre ATV Park. Today,in 2016,access to this area is limited and
there are no 'all weather' roads throughout the forest that can be used for recreation as outlined in the
agreement;
9. DISTRICT and /or STATE agree that the general public will be given access for
recreational uses on lands within the Project Area and in the adjoining Picayune Forest.
As part of this commitment the Picayune Strand State Forest Recreation Program will
provide for dispersed recreational opportunities and will recognize the following uses as
compatible with resource protection and passive recreation: horseback riding; fishing; off
-road bicycling; hiking; primitive camping; some types of hunting; wildlife viewing and
nature study....
The lands subsequently identified by South Florida Water Management for a 640 acre ATV park have
been unusable due to the presence of arsenic. Thirteen years have passed and frustrations are
understandably high on the part of the public.
However,unintended consequences came in to play with the unanimous decision of the Board of County
Commissioners to ask our Attorney to enforce the 2003 agreement"using any necessary legal recourse".
It appears,at least to the public and to the press that the Board of County Commissioners is determined to
sue over what we have deemed were and are broken promises by South Florida Water Management.
It was very important that Commissioner Henning brought this matter before the Board of County
Commissioner. I want to personally thank him for his work in this matter. A courtroom battle will be
unproductive at this time,in my opinion. We have an opportunity to begin a dialogue with South Florida
Water Management and other involved parties right now. And we have an opportunity to work toward
fair solutions for these very important issues in a collaborative manner.
ATTACHMENT(S)
1.EMail from Lee Willer-Spector (DOCX)
2.Reconsideration(PDF)
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10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Item Summary: Reconsideration of Item 10A from the September 27, 2016 BCC Meeting titled:
Direct County Attorney to use any necessary legal recourse to enforce the Board of County
Commissioner's 2003 agreement with the South Florida Water Management District mandating all roads
in the Picayune Strand State Forest are to remain open for free public access to the preserve and to
authorize the Board Chairman to submit a letter for explanation to the Governor on the SFWM District's
refusal to maintain the Picayune roadways. (Commissioner Taylor)
Meeting Date: 10/11/2016
Prepared by:
Title: Executive Secretary to County Manager—County Manager's Office
Name: MaryJo Brock
09/29/2016 10:45 AM
Submitted by:
Title: County Manager—County Manager's Office
Name: Leo E. Ochs
09/29/2016 10:45 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/29/2016 3:05 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 4:42 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/30/2016 9:33 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2016 9:23 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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From: WillerSpectorLee
Sent: Friday, September 30, 2016 11:29 AM
To: KlatzkowJeff
Cc: TaylorPenny
Subject: Considerations for the Reconsideration Executive Summary
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Good Morning Jeff,
Commissioner Taylor has composed the attached and requests that her comments be included in the
executive summary for the reconsideration of 9.27.16 BCC Agenda Item 10.A. proposed for the 10.11.16 m
BCC meeting. tO
Thank you,
Lee
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Commissioner Penny?ayCor, District 4
3299 Tamiami Trail East,Suite#303
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BrockMaryJo
"—Nfrom: WillerSpectorLee
Sent: Thursday, September 29,2016 9:25 AM
To: OchsLeo
Cc: BrockMaryJo; KlatzkowJeff;TaylorPenny
Subject: Reconsideration of 9-27-16 BCC Agenda(tern 10A-Public Access to Roads
Leo,
Commissioner Taylor is requesting a reconsideration of 9-27-16 BCC Agenda Item 10A-Public Access to Roads c
to be made at the 10-11-16 BCC meeting. m
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10.A.b
09/27/2016
EXECUTIVE SUMMARY
Direct County Attorney to use any necessary legal recourse to enforce the Board of County
Commissioner's 2003 agreement with the South Florida Water Management District mandating all
roads in the Picayune Strand State Forest are to remain open for free public access to the preserve
and to authorize the Board Chairman to submit a letter of explanation to the Governor on the
SFWM District's refusal to maintain the Picayune roadways.
OBJECTIVE: To ensure the Picayune Strand State Forest roadways remain open to the public as
to
outlined in a 2003 legal agreement between the South Florida Water Management District and Collier 2
County and to notify the Governor how the roadways have been submerged under water with the re-
flooding of the area.
CONSIDERATION: On September 24, 2003, the Board of County Commissioners approved an 0
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agreement between the Board of Trustees of the Internal Improvement Trust Fund, South Florida Water N:
Management District and Collier County to vacate certain rights of way within the Southern Golden Gate
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Estates and adjacent state-owned lands. The Board approved this agreement 4/1. In the agreement a
conditions were outlines for restoring natural surface water flow in the Southern Golden Gate Estates a)
including the Picayune Strand State Forest as part of the Everglades Restoration project.
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The executive summary read, "The State of Florida in conjunction with the South Florida Water
Management District has agreed to a number of conditions in the event these roads are vacated, most
importantly of which is the continued maintenance of a number of these roadways to as to provide
historical access to all property owners who might be affected. Another condition agreed to by the State
and SFWMD provides for continued access and maintenance of all FPL, Sprint, and Lee County Electric
facilities currently located within these road rights of way." (See Agenda Item 8-I-9-23-030000.pdf in
backup) a,
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The agreement is a binding agreement and SFWMD has notified the County it does not intend on
maintaining the roadways as outlined in the 2003 agreement. Therefore, it is necessary for the Board of
County Commissioners to notify the Governor of the roadways issues caused by the Everglades re
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Restoration Project in the Picayune Strand State Forest and to seek legal recourse against SFWMD to co
ensure the flooded roadways are maintained and remain open to the public as previously agreed upon.
FISCAL IMPACT:
GROWTH MANAGEMENT IMPACT:
(7)
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
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form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: Direct County Attorney to use any necessary legal recourse to enforce the
Board of County Commissioner's 2003 agreement with the South Florida Water Management District
mandating all roads in the Picayune Strand are to remain open for free public access to the preserve and to (a
authorize the Board Chairman to submit a letter of explanation to the Governor on the SFWM District's
refusal to maintain the Picayune roadways.
PREPARED BY:Commissioner Tom Henning
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0.A.b
09/27/2016
ATTACHMENT(S) --
1.Agenda Item 8-I-9-23-030000 (PDF)
2.Agenda Item 10-K-9-23-030000 (PDF)
3.Documents 09_23-24_2003 R (PDF)
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10.A.b
Sheet I or 2
AVROWZ003-AR4719
EXECUTIVE SUMMARY
PETITION BY THE STATE OF FLORIDA, BY-AND THROUGH THE FLORIDA
DEPARTMENT ' OF ENVIRONMENTAL PROTECTION, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN .11
THE PLATTED ROAD RIGHTS OF WAY IN THE SOUTHERN GOLDEN GATE
ESTATES, DEDICATED TO THE COUNTY BY THE PLATS OF GOLDEN GATE
ESTATES, UNITS 98, 98A, 99, 99A, 100, 100A, 101 THROUGH 113, 113A, 114,
114A, 118, 119, 121, 123, 123A, 124, 127, 130, 13I, 134, 135, 136, 137, 140
THROUGH 167, 171 AND 172, (LOCATED IN TOWNSHIPS 50 & 51 SOUTH,
RANGES 27 & 28 EAST)AND TO DISCLAIM, RENOUNCE AND VACATE A 1.12
MILE OF ROAD RIGHT-OF-WAY KNOWN AS MILLER BOULEVARD
EXTENSION LOCATED IN SECTIONS 25 AND 36, TOWNSHIP 51 SOUTH,
RANGE 27 EAST AND TO DISCLAIM, RENOUNCE AND VACATE THAT �?
PORTION OF A ROAD RIGHT-OF-WAY KNOWN AS JANES SCENIC DRIVE
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DESCRIBED IN OFFICIAL RECORDS BOOK 76,PAGE 394,LYING NORTHERLY
OF THE SOUTH LINE OF THE NORTH 150 FEET OF THE SOUTH 660 OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 52 SOUTH, RANGE 29
EAST.
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OBJECTIVE: To adopt a Resolution to disclaim, renounce and vacate the platted road rights of way a
located in the southern Golden Gate Estates, Miller Boulevard Extension and a portion of Janes Scenic
Drive.
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CONSIDERATIONS: Petition AVROW2003-AR4719 has been received from the State of Florida,
by and through the Florida Department of Environmental Protection, requesting the vacation of those
road rights of way described in composite Exhibit A attached hereto. The State is requesting the
vacation in furtherance of its efforts to restore the natural surface water flow in the southern Golden
Gate Estates as part of the Everglades Restoration project,
The State of Florida in conjunction with the South Florida Water Management District has agreed to a 26
number of conditions in the event these roads are vacated, most importantly of which is the continued
maintenance of a number of these roadways so as to provide historical access to all property owners
who might be affected. Another condition agreed to by the State and SFWMD provides for continued Ir
access and maintenance of all FPL, Sprint and Lee County Electric facilities currently located within
these road rights of way. The specific terms of this proposal are contained in an agreement included in
the petition package and attached hereto.
A list of property owners in the area of the rights of way requested to be vacated and a copy of the 2
assessment maps may be examined in the Engineering Services Department at Community
Development and Environmental Services.
Letters of No Objection and(if submitted) Letters of Objection will be available for examination at the
Public Hearing.
AGE/4)A C ITEM
No, \�
SEP 2 3 2003
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10.A.b
Sheet 2 of 2
Av ROW-ZOO-ARV 19
. FISCAL IMPACT: Petitioner has requested a waiver of the S1,000 "Petition to Vacate" fee. If the
waiver is approved, the cost to the County is 51,000.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan eli
associated with this Executive Summary. T1
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ENGINEERING SERVICES STAFF RECOMMENDATION:
Recommendation that the Board of County Commissioners: (..)
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1. Adopt the Resolution for Petition for the vacation of the Road Rights of Way for the southern 0
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Golden Gate Estates, Miller Boulevard Extension and a part of Janes Scenic Drive as described in r--
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Composite Exhibit A; and L..
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2. Approve requested waiver of petition filing fee of S1,000, and in doing so deem that such a request .2.).
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is within the public good and authorize the transfer of funds from the General Fund (001) to the cD
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Development Services Fund (113) for payment of the assessed fees; and g
3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to E
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record a certified copy of the Resolution in the Official Records; and
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4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plats.
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PREPARED BY: ... a, DATE: q-te_o-e," 'S c
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Rick Grigg, P.S.M. o
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Engineering Services
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REVIEWED BY. 17 ,
DATE: if- ..\
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pirr Thomas E. Kuck, .E., st
Engineering Services Director Ti
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APPROVED BY: ..------.—, ,4?-4.--.....-74 DATE: 'iliCia-3 c
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Jo ph K. Schmitt, Administrator E
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AGEND
SEP 2 3 2003
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J. This item to be heard after 10E and 9B. Approval of Resolution
authorizing the Issuance of Capital Improvement and Refunding Half-Cent
Sales Tax Revenue Bonds Series 2003 in an not to exceed amount of
$51,000,000. (Mdse Smykowski,Director, Office of Management and
Budget)
Resolution 2003-334 Adopted—5/0 cth
K. This item to be heard at 5:00 pm.,9/24/03 and is a companion to
Item 81. Approve agreement between the Board of Trustees of the Internal m
,4 Improvement Trust Fund, South Florida Water Management District and
Collier County contingent on the Board's approval of Florida Department of
Environmental Protection's Petition to vacate certain rights of way within
the Southern Golden Gate Estates and adjacent state-owned lands.
Approved—4/1 (Commissioner Coletta opposed)
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Added
L. Recommendation to waive formal competitive process and approve a o
contract with 3001 (The Spatial Data Company) as a single source vendor
for ground survey and LIDAR analysis survey work in the amount of
$49,425 to satisfy a FEMA requirement for certification of existing LIDAR c
topography of Collier County. (Staff request.)
Approved 4/0(Commissioner Coyle out)
Moved from Item#16E4
M. Report and ratify staff-approved administrative changes to work orders.
Discussed w/Item #9E to determine better review, legal requirements,
processing, liability, and more documentation to determine reasons for
the changes to be made and by what staff personel. County Manager to
follow-up with suggestions for a better process. CO's are brought to the
board if the amount is 10% over the amount on work order and staff
authorizes amounts under 10% (w/monthly report submitted to BCC).
Each change order should have a review process for the scope of work C
and if the design engineer and/or contractor is in error in their
responsibility/determinations. d
Approved-5/0
Moved from Item#16A1 a
N. Approve the transfer of$75,000 from the Current Planning section FY03
budget to Comprehensive Planning Section FY03 budget to restore funds
previously transferred to fund the Vanderbilt Beach RT Overlay Study.
Approved—5/0; Staff to bring back policy on a future agenda.
10
September 23.24,2003
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