Agenda 06/13/2017 Item #16A15 Proposed Agenda Changes
Board of County Commissioners Meeting
June 13,2017
Move Item 16A15 to Item 11F: Recommendation to
direct the County Manager to bring back to the Board an
agreement amending the September 24, 2003 agreement
among Collier County, the South Florida Water
Management District, and the Florida Division of Forestry
Services, with regards to how the primary roadways
within the Picayune Strand State Forest, Southern Golden
Gate Estates area, will be kept in accordance to the post-
construction conditions, as permitted by the Florida
Department of Environmental Protection and maintained
by the Florida Division of Forestry Services.
(Commissioner McDaniel's request)
06/13/2017
EXECUTIVE SUMMARY
Recommendation to direct the County Manager to bring back to the Board an agreement
amending the September 24, 2003 agreement among Collier County, the South Florida Water
Management District, and the Florida Division of Forestry Services , with regards to how the
primary roadways within the Picayune Strand State Forest, Southern Golden Gate Estates area,
will be kept in accordance to the post-construction conditions, as permitted by the Florida
Department of Environmental Protection and maintained by the Florida Division of Forestry
Services.
OBJECTIVE: To provide the Board with an update regarding public access and maintenance for recreational
activities in the Picayune Strand State Forest and Restoration Project area.
CONSIDERATIONS: On September 24, 2003, the Board of County Commissioners (Board) entered into an
agreement with the State of Florida and the South Florida Water Management District (SFWMD), in which the
County vacated several roadways necessary to facilitate the preservation of wetlands in the Picayune Strand
Restoration Project, formerly known as the Southern Golden Gate Estates area. The agreement identified certain
primary roadways that were to be considered open for public access 24 hours per day and 7 days per week. A
supplemental agreement between the Board and the SFWMD was established on May 23, 2007, which
acknowledged that the State of Florida Division of Forestry Services (FFS) would have the responsibility for road
maintenance. This supplemental agreement further recommended formalizing the road maintenance and access
modification provisions. Per FFS policies and procedures, primary roads are major thoroughfares across the forest
providing traffic access for most two-wheel-drive vehicles, log trucks, campers, and emergency vehicles in most
weather conditions. Although there was a commitment to maintain the primary roadways within the agreement, the
post-construction conditions of the Restoration Project, as permitted by the Florida Department of Environmental
Protection, were not consistent with what the Board and the SFWMD agreed to. It should also be acknowledged that
per Florida Statutes and the Florida Administrative Code, the FFS has the authority to temporarily close roadways
due to various reasons such as safety, weather conditions, and maintenance.
Attached is a copy of a letter of support from the Golden Gate Estates Area Civic Association (GGEACA), dated
June 5, 2017, that does not support any action that would have the SFWMD pay for elevating and ma intaining roads
in the Picayune Strand State Forest. Instead, the GGEACA believes that the elevation and maintenance of roads
within this area is the responsibility of the FFS, per the 2007 supplemental agreement.
The Growth Management Department (GMD) staff is currently working with the identified parties within the
approved agreement on a Cooperative Agreement that updates the road maintenance and access modifications to this
area. GMD staff will be making additional recommendations regarding communicatio n protocols relating to access
and temporary road closures. Staff anticipates providing this updated Cooperative Agreement to the Board for
consideration by the end of calendar year 2017.
For clarification purposes, the recommended option to correct the d iscrepancy between the 2003 agreement and
actual ground conditions is to accept the roads as constructed and amend the 2003 agreement by way of the final
Cooperative Agreement. Another option would be to object to the road conditions as they are with the u nderstanding
that any funding needed to raise these roads would most likely come from local Big Cypress Basin (BCB) funds that
would otherwise support flood control and grant opportunities.
Staff is of the opinion that if the residents are satisfied with the recreational access provided and FFS is satisfied
with the grade as constructed, it would be in the best interest of the County to amend the requirement through the
Cooperative Agreement and accept the roads as permitted.
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06/13/2017
FISCAL IMPACT: No fiscal impact is associated with this agenda item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. In 2003 the County, under
threat of condemnation by the South Florida Water Management District, entered into an agreement with the District
in which, among other things, the County vacated all of its roads within the Southern Golden Gates Estates. In
consideration, the District agreed to (1) dedicate $1 million per year for twenty years for the operation, maintenance
and repair of the secondary canal system in Collier County; (2) convey 640 acres to Collier County for use as an
ATV park; and (3) maintain certain roads (including portions of Everglades Blvd., Miller Blvd., and Stewart Blvd.)
as “primary, all weather roads” which would be mai ntained above grade and open to the traveling public 24 hour a
day, seven days a week. The District did not convey the 640 acres, which led to a dispute with the County that
resulted in a monetary settlement, and the Forestry Service, who is responsible for maintenance of the roads, is
taking the position that they will not ensure that the Primary roads are all weather roads drivable at all times of the
year, and have in fact scrapped portions of the Primary Roads to at grade level.
On September 27, 2016, the Board directed the County Attorney to take any necessary legal recourse to ensure year
round public access to the Picayune Forest. On November 15, 2016, the item was reconsidered by the Board, and
the Board directed the County Manager to work further with the District. A copy of this direction is included as part
of the agenda package. Staff has been in discussions with the Forestry Service and the District in an effort to reach
an accommodation. At this time it appears that an amicable accommodatio n that does not have a material financial
impact is unlikely. If the Board still wants year round public access to the Picayune Forest, litigation to enforce the
terms of the 2003 Agreement will be required. In response, the District will likely consider removing funding for
various present and future projects in Collier County. The proposed alternative is to amend the 2003 Agreement to
remove the requirement of primary, all weather roads.
With that noted, this item is approved as to form and legality and requires majority vote for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this agenda
item.
RECOMMENDATION: To have the Board direct the County Manager to bring back to the Board an agreement
amending the September 24, 2003 among Collier County, the South Florida Water Management District, and the
Florida Division of Forestry Services, with regards to how the primary roadways within the Picayune Strand State
Forest, Southern Golden Gate Estates area, will be kept in accordance with the post-construction conditions, as
permitted by the Florida Department of Environmental Protection and maintained by the Florida Division of
Forestry Services.
Prepared by: James French, Deputy Department Head, Growth Management Department
ATTACHMENT(S)
1. SFWMD Agreements (PDF)
2. 2017 0605 PSSF ROAD MAINT LETTER (PDF)
3. Agenda Item 10-A - 9-27-16 (PDF)
4. 9-27-16 BCC Minutes - Item 10-A (PDF)
5. Agenda Item 10-A - 11-15-16 (PDF)
6. 11-15-16 BCC Minutes - Item 10-A (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 3308
Item Summary: Recommendation to direct the County Manager to bring back to the Board an
agreement amending the September 24, 2003 agreement among Collier County, the South Florida Water
Management District, and the Florida Division of Forestry Services, with regards to how the primary
roadways within the Picayune Strand State Forest, Southern Golden Gate Estates area, will be kept in
accordance to the post-construction conditions, as permitted by the Florida Department of Environmental
Protection and maintained by the Florida Division of Forestry Services.
Meeting Date: 06/13/2017
Prepared by:
Title: Operations Analyst – Growth Management Operations & Regulatory Management
Name: Judy Puig
06/02/2017 3:39 PM
Submitted by:
Title: Deputy Department Head - GMD – Growth Management Department
Name: James French
06/02/2017 3:39 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/02/2017 3:39 PM
Growth Management Department Judy Puig Level 2 Division Administrator Skipped 06/02/2017 3:32 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/02/2017 3:47 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/05/2017 12:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2017 2:31 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/07/2017 3:27 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM
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Packet Pg. 555 Attachment: SFWMD Agreements (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate Estates area)
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The Golden Gate Estates Area Civic Association, Inc.
P.O. Box 990596, Naples, FL 34116-6002
www.estates-civic.org
05 June 2017
Board of County Commissioners Collier County
3299 Tamiami Trail East
Suite 303
Naples, FL 34112
RE: GGEACA does not support the Big Cypress Basin paying for the cost of Elevating Roads
and Annual Perpetual Maintenance in the Picayune Strand State Forest Restoration Area -this
action does not support the BCB's Primary Mission of Flood Control.
Commissioners,
Golden Gate Estates Area Civic Association (GGEACA) does not support the proposal that the
Big Cypress Basin (BCB) of the South Florida Water Management District (SFWMD) should
have to pay for the cost of raising roads and maintaining them in perpetuity in the Restoration
area of the Picayune Strand State Forest (PSSF).
It is the GGEACA's position that the elevating and annual maintenance of roads in the PSSF
Restoration Area is the responsibility of the Florida Forestry Service (FFS). Evidence of this
direct responsibility to the FFS in the PSSF is cited in the 2007 Supplemental Agreement
Between the SFWMD & Collier County, the 2008 - 10 Year Resource Management Plan and the
5 Year Recreation Plan.
Furthermore, it is GGEACA's understanding that BCB's Primary Mission in Collier County is
Flood Control for the protection of Collier County's residents' property and safety from flooding -
not the maintenance of little used dirt roads for an extremely small number of people in the PSSF
Restoration area.
North Golden Gate Estates is the largest subdivision in Collier Co. in land area. Those residents
are extremely dependent on the expenditures of BCB to provide flood control for those residents'
homes and safety. Expenditure of BCB funds for dirt roads in the PSSF will not provide any
type of flood protection or safety for the residents of North Golden Gate Estates.
GGEACA does not support the proposal that BCB should expend flood control budget dollars
to elevate and maintain dirt roads in the PSSF that will never provide any type of flood control
to any part of Collier County.
Sincerely,
Michael R. Ramsey
PresidentGolden Gate Estates Area Civic Association
http://www.estates-civic.org
Michael.R.Ramsey@embarqmail.com
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Packet Pg. 599 Attachment: 2017 0605 PSSF ROAD MAINT LETTER (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
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Packet Pg. 655 Attachment: Agenda Item 10-A - 11-15-16 (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate Estates
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Packet Pg. 656 Attachment: Agenda Item 10-A - 11-15-16 (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate Estates
16.A.15.e
Packet Pg. 657 Attachment: Agenda Item 10-A - 11-15-16 (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate Estates
16.A.15.e
Packet Pg. 658 Attachment: Agenda Item 10-A - 11-15-16 (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate Estates
16.A.15.e
Packet Pg. 659 Attachment: Agenda Item 10-A - 11-15-16 (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate Estates
16.A.15.e
Packet Pg. 660 Attachment: Agenda Item 10-A - 11-15-16 (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate Estates
16.A.15.f
Packet Pg. 661 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 662 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 663 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 664 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 665 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 666 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 667 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 668 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 669 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 670 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 671 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate
16.A.15.f
Packet Pg. 672 Attachment: 11-15-16 BCC Minutes - Item 10-A (3308 : Primary roadways within the Picayune Strand State Forest, Southern Golden Gate