Agenda 11/15/2016 Item #10A 10A
11/15/2016
EXECUTIVE SUMMARY
Recommendation to 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 SFWMD refusal to maintain the Picayune roadways. (This item was first heard at the
September 27, 2016 BCC meeting and approved for reconsideration at the October 11, 2016 BCC
Meeting.) (Commissioner Taylor)
OBJECTIVE: To reconsider the Board's previous decision on this matter taken on September 27,2016.
CONSIDERATIONS: 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.
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10.A
11/15/2016
Subsequent to the Board's decision to reconsider this item,the County Manager met with the Executive
Director of the South Florida Water Management District to discuss the County Commission's public
access concerns and to explore opportunities for collaborative solutions. The action items resulting from
those discussions are outlined in the enclosed memorandum.
FISCAL IMPACT: No fiscal impact.
RECOMMENDATION: That the Board directs the County Manager to continue to work with the South
Florida Water Management District and the State Department of Forestry on a land management plan for
the Picayune Strand State Forest restoration lands that maximizes reasonable public access to the greatest
extent practicable,consistent with the intent of the 2003 Agreement.
Prepared by: Commissioner Penny Taylor,District 4
ATTACHMENT(S)
1.Original ES 9-27-16 meeting (PDF)
2.PSRP Update for Collier Co_3Nov2016(PPT)
3.Picayune November 15 2016 (DOCX)
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11/15/2016
COLLIER COUNTY Z.:.
Board of County Commissioners o
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I Item Number: o
Item Summary: Reconsideration of Agenda Item 10A from the September 27, 2016 BCC "a
Meeting to direct County Attorney to use any necessary legal recourse to enforce the Board of County o
Commissioner's 2003 agreement with the South Florida Water Management District mandating all roads m
in the Picayune Strand State Forest are to remain open for free public access to the preserve and to s
authorize the Board Chairman to submit a letter of explanation to the Governor on the SFWM District's o
refusal to maintain the Picayune roadways. o
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Meeting Date: 11/15/2016 .2
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Prepared by: m
Title: Operations Analyst, Senior—Administrative Services Department
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Name: Bendisa Marku
11/02/2016 1:56 PM
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Submitted by: ai
Title: Department Head-Administrative Svc—Administrative Services Department a0i
Name: Len Price c
11/02/2016 1:56 PM >
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Approved By: o
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Review: E
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Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/02/2016 2:46 PM Q
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Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 11/02/2016 4:13 PM 0
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County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/03/2016 8:08 AM U
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County Manager's Office Level 4 County Manager Review Pending i)
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Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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11/15/2016
EXECUTIVE SUMMARY
Reconsideration of Agenda Item 10A from the September 27,2016 BCC Meeting to 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 -a
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 m
to maintain the Picayune roadways.
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OBJECTIVE: To ensure the Picayune Strand State Forest roadways remain open to the public as ami
outlined in a 2003 legal agreement between the South Florida Water Management District and Collier
County and to notify the Governor how the roadways have been submerged under water with the re- N
flooding of the area. z
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CONSIDERATION: On September 24, 2003, the Board of County Commissioners approved an
agreement between the Board of Trustees of the Internal Improvement Trust Fund, South Florida Water
Management District and Collier County to vacate certain rights of way within the Southern Golden Gate
Estates and adjacent state-owned lands. The Board approved this agreement 4/1. In the agreement N
conditions were outlines for restoring natural surface water flow in the Southern Golden Gate Estates
including the Picayune Strand State Forest as part of the Everglades Restoration project.
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) q
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
Restoration Project in the Picayune Strand State Forest and to seek legal recourse against SFWMD to L
ensure the flooded roadways are maintained and remain open to the public as previously agreed upon.
FISCAL IMPACT: Unknown at this time.
GROWTH MANAGEMENT IMPACT:
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LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to E
form and legality, and requires majority vote for approval. -JAK
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RECOMMENDATION: Direct County Attorney to use any necessary legal recourse to enforce the a'
Board of County Commissioner's 2003 agreement with the South Florida Water Management District w
mandating all roads in the Picayune Strand are to remain open for free public access to the preserve and to c
authorize the Board Chairman to submit a letter of explanation to the Governor on the SFWM District's
refusal to maintain the Picayune roadways. p
PREPARED BY: Commissioner Tom Henning
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ATTACHMENT(S)
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1.Agenda Item 8-I-9-23-030000 (PDF) tj
2.Agenda Item 10-K-9-23-030000 (PDF)
3.Documents 09_23-24_2003 R (PDF)
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Wa ter Resources Advisory Commission Meeting
October 6, 2016
Janet Starnes, Principal Project Manager
Everglades Policy and Coordination Division
Picayune Strand Restoration Project
Update
Background
§Golden Gate Estates was
originally designed as the
largest suburban
development in the country
§Golden Glade Estates was
created in the 1960s
§Four major canals very
effectively drained the area,
resulting in an altered
ecosystem
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Picayune Strand Restoration Project
§Purpose
•Restores pre-drainage
watershed flow pattern to a
sheet flow condition
•Restores upland/wetland
habitat in watershed
•Increases groundwater levels
•Restores habitat for
endangered/threatened
species (panther, woodstork)
•Restores freshwater flows to
estuaries
•Provides for better fire
management
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Project Features
§Three pump stations
•Merritt –810 cfs
•Faka Union –2650 cfs
•Miller –1250 cfs
§Plugging 42 miles of canals
§Removing 285 miles of roads
§Removing 62 miles of tram roads
§Protection features for adjacent
lands
§Manatee mitigation feature
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1250
CFS
2650
CFS
810
CFS
Prairie Canal Restoration
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Prairie Canal March 2016
Prairie Canal, Summer 2008
Southern End of Plugged Prairie Canal, 2016 Prairie Canal, March 2016
Prairie Canal Plugging, Circa 2004
Prairie Canal Phase
§Prairie Canal plugging was completed 2007
§7 miles of canal was plugged
§All roads east of Merritt Canal were degraded to
natural grade
§Stewart Boulevard was left at the existing grade
§Culverts installed at 3 locations on Stewart Blvd.
between Patterson Blvd. and Prairie Canal
§Culverts installed at 3 locations on Janes Scenic
Drive
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Merritt Canal Phase
§Construction Complete
–September 2014
§Canal Plugging –
November 2014 –June
2015
§Operational Testing and
Monitoring Period -
October 2014 to June
2016
§Transfer to SFWMD -
June 2016
§Pump station fully
operational
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Merritt Pump Station & Spreader Basin
Merritt Spreader Basin
Merritt Canal Phase
§10 miles of canal was plugged
§All roads east of Faka Union Canal were degraded to
natural grade
§Stewart Boulevard was left at the existing grade
§Culverts installed at 11 locations on Stewart Blvd. between
Faka Union Canal and Patterson Blvd.
§Berson Ave. (52nd Ave.) was closed during construction
from Faka Union Canal to the eastern end of Berson Ave. –
is now open to the public
§5 miles of canal still to be plugged at southern end east of
Faka Union Canal
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Faka Union Pump Station
§Construction Complete -
December 2015
§Operational Testing and
Monitoring Period -January
2016 to December 2016
§Tr ansfer to SFWMD -
January 2017
§Canal Plugging -March 2020
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Faka Union Pump Station
Faka Union Pump Station –Intake Area
Faka Union Canal Phase
§8 miles of canal will be plugged
§All roads east of Miller Canal to the west bank of the Faka
Union Canal were degraded to natural grade
§Everglades Boulevard was left at the existing grade
§Culverts installed at 11 locations on Everglades Blvd.
between 94th Avenue and Stewart Blvd.
§Culverts installed at 8 locations on Stewart Blvd. between
Everglades Blvd. and Faka Union Canal
§Berson Ave. (52nd Ave.) was closed during construction
from Faka Union Canal to the eastern end of Berson Ave. –
is now open to the public
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Miller Pump Station
§Contract Award (USACE) -
September 5, 2013
§Notice to Proceed (USACE) -
November 2013
§Construction Complete -August
2017
§Operational Testing and Monitoring
Period -one-year duration following
completion of construction
§Transfer to SFWMD -TBD
§Miller Road Removal -Earliest March
2017
§Canal Plugging -March 2020
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Miller Pump Station, September 2016
Miller Pump Station, Au gust 2016 11
Miller Canal Phase
§11.5 miles of canal will be plugged
§55 miles of roads and remaining trams west of Miller Canal
to the western boundary of the “South Blocks” will be
degraded to natural grade –March 2018 to February 2019
§Miller Boulevard will be left at the existing grade from
Berson Avenue south to 82nd Avenue
§Everglades Boulevard is closed during construction of the
Miller Pump Station –anticipate opening to public access in
Fall 2018
§Alternate route is down Miller Blvd. to Stewart Blvd.
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Manatee Mitigation Feature
§South of Port of the Islands
on the western bank of Faka
Union Canal
§Mitigates for effect on warm
water refugium in Port of the
Islands
§Construction Start –April
2015
§Construction Complete –
April 2016
§Long-term monitoring to
determine effectiveness
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Manatee Mitigation Feature
Southwestern Protection Feature
§Southwestern corner of
project impact area
§Provides flood protection
for existing agricultural
and residential properties
§Construction Start –
October 2018
§Construction Complete –
February 2020
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Current Status of Hydrologic Restoration
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Current Recreational Opportunities
§Picayune Strand State Forest is open to public access in all
areas east of the Faka Union Canal, west of Miller Canal and
south of Stewart Boulevard
§Berson Avenue, Miller Boulevard and Stewart Boulevard are
open to licensed vehicles as road conditions allow
§Wildlife Management Area with active hunting (per the Florida
Wildlife Commission regulations) is open east of Faka Union
Canal
§Non-motorized use of the levees is allowed –horseback, cycling,
walking
§Everglades Boulevard is closed during construction of the Miller
Pump Station –anticipate opening to public access in Fall 2018
§Alternate route is down Miller Blvd. to Stewart Blvd.
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Merritt Canal Restored
“…hard to recognize, but there used to be a canal
somewhere in the foreground.”
Merritt Canal Plugged
November 2015
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Office of the County Manager o
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MEMO Ti
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Date: November 8,2016
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To: Board of County Commissioners aa)
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From: Leo E.Ochs,Jr.,County Manager 0
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Subject: Picayune Strand Restoration Supplemental Information o
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Commissioners, u`)
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Please accept the following information and attached Power Point created by the South Florida i
Water Management District(SFWMD)for your consideration as part of the backup for Item 10A. >,
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• On October 21,2016,the County Manager met with Peter Antonacci,Executive Director 0,
of the SFWMD,to discuss the status of the Picayune Strand restoration project and the o
C concerns expressed by the Board about public access.Mr.Antonacci explained that the y,
project was ongoing and would not be completed for several more years. He extended an c
1 offer to allow us to participate in ongoing discussions with the Department of Forestry as o
they develop the final management plan and stated that the SFWMD was committed to :t
public access.
• On October 28,2016,David Wilkison,GMD Department Head,participated in a a
conference call with SFWMD and Forestry to discuss public access and identified U
himself as the point of contact for future discussions as they develop the management 0
plan. During the meeting,the group discussed that: p
3 o The restoration project is not anticipated to be completed until the spring of M
2020.
o The primary roads identified for access would be made available post
restoration. c
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o The Picayune Strand State Forest restoration lands will be available to the 10
public. m
o There will be intervals during the next four years where roads will be closed .0
during construction and for maintenance activities.
o The final management plan is still being developed while they work through the o
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short term and long term responsibilities of SFWMD and Forestry. a)
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Staff intends to continue to participate with the SFWMD and Forestry during the development of 0
the management plan and will be available to answer questions during your deliberation of this 'n.
item. •'
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