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Agenda 12/08/2015 Item #16D2412/8/2015 16.D.24. EXECUTIVE SUMMARY Recommendation to consider a request by the Collier County ATV Ad Hoc Committee to extend its sunset date to December 12, 2016, so it may pursue several potential ATV park sites, and consider changes to the "Tickets to Ride" Program to allow All Terrain Vehicles, Recreational Off Highways Vehicles, and Off Highway Motorcycles to participate. OBJECTIVE: To provide opportunities for All Terrain Vehicle enthusiasts to ride their vehicles at ATV riding locations in Southwest Florida using funds from the South Florida Water Management District settlement agreement. CONSIDERATIONS: In 2011, Collier County and the South Florida Water Management District entered into a Settlement Agreement wherein the District paid Collier County $3 million to dispose of litigation arising out of a 2003 Agreement between the parties in which the District was to convey 640 acres to Collier County for recreational ATV use. Since that settlement, the Collier County Growth Management Department and later, the Collier County Parks and Recreation Division have been tasked with searching for land appropriate and suitable for an ATV Park site. On June 12, 2012, the Board of County Commissioners, through Resolution No. 2012 -110, established the Collier County ATV Park Ad Hoc Committee (Committee) to assist in identifying lands suitable for an ATV Park. Since that time, the Committee reviewed and recommended to the Board of County Commissioners a program entitled "Tickets to Ride" that allows for ATV enthusiasts to acquire admission to Lazy Springs Park and Croom Motorcycle Area at Withlacoochee State Park. This pilot program is using interest funds in the amount of $10,000 to provide Collier County residents with a place to ride as efforts continue to find a permanent site. With the beginnings of the pilot program, there is the recognition that the definition of ATV is too restrictive and the Committee is recommending that the definition be expanded to Off Highway Vehicles (OHV) to include: All Terrain Vehicles (ATV) Recreational Off Highway Vehicles (ROV) Off Highway Motorcycles (OHM) All other elements of the program would remain the same. The Committee will review the progress of this pilot program and report results to the Board once the $10,000 in admissions has expired. In addition, the Committee has reviewed several potential ATV sites in Collier County including: A collaborative agreement with the Immokalee Airport to establish a trail system on lands owned by the Airport in conjunction with the camping and drag racing activities that are at this facility. Currently the site has approximately 550 acres of land in and around the airport that could be developed to allow for ATV use. The Committee would like to pursue this option with the Airport Management and develop a business plan that would be discussed with the Federal Aviation Authority who ultimately has oversight Packet Page -1559- 12/8/2015 16.D.24. regarding this type of activities. Should a business plan be developed and receive FAA approval, a proposal would be brought back to the Board for consideration. The Committee is requesting approval from the Board to pursue this activity. • Continuing to discuss options associated with the Seminole Tribe of Florida on lands that they own near the Hendry County Correctional Facility. Discussions with key representatives of the Tribe indicate that they own 600 acres of land that is not currently assessable; however, has the potential for a future site with the County's cooperation. Staff would explore further discussions with the Tribe to determine feasibility of developing the site for ATV use. Directing staff to explore working with the State of Florida, Department of Agriculture and Consumer Services on amending the management plan to allow for ATV use at Picayune Forest. Currently, the Picayune Forest does not allow ATV use with its boundaries. Other State Forests do allow for ATV use and Picayune was identified as part of the Everglades Restoration project where ATV enthusiasts rode years ago. While the current land management plan of Picayune Forest does not allow for ATV use, the Parks and Recreation Division would like to work with the State Forest to review and make recommendations regarding changes to the plan to allow for ATV use. The Picayune State Forest management plan is scheduled to be updated in 2018. The Committee is schedule to sunset on December 12, 2015. Given, the review of these three potential ATV /OHV sites, the Committee is requesting that the Board extend its sunset date for an additional 12 months. This will allow the Committee the opportunity to fully investigate the three sites referenced above and conclude their review of the "Tickets to Ride" program. FISCAL IMPACT: Currently, there is $2,988,810.52 remaining from the settlement fund, with interest accruing on the principal. This interest is being kept within the same cost center and used as revenue for the program. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this action. LEGAL CONSIDERATIONS: A Resolution of the Board of County Commissioner is necessary to extend the Committee's sunset date. The County Attorney drafted the proposed Resolution, reviewed this item, and approved it as to form and legality. Majority support is required for approval. - JAK RECOMMENDATION: That the Board of County Commissioners: 1. Approved the attached Resolution extending the Committee's sunset date to December 12, 2016. 2. Provide direction to staff to pursue the three potential permanent ATV /OHV sites and bring back recommendations to the Board on each site 3. Amend the definition of the "Tickets to Ride" program to include vehicles identified as OHV's Prepared by: Barry Williams, Division Director, Parks and Recreation Attachment: Extension Resolution Packet Page -1560- 12/8/2015 16.D.24. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.24. Item Summary: Consider a request by the Collier County ATV Ad Hoc Committee to extend its sunset date to December 12, 2016, so it may pursue several potential ATV park sites, and consider changes to the "Tickets to Ride" Program to allow All Terrain Vehicles, Recreational Off Highways Vehicles, and Off Highway Motorcycles to participate. Meeting Date: 12/8/2015 Prepared By Name: BetancurNatali Title: Operations Analyst, Parks & Recreation 11/16/2015 9:40:34 AM Submitted by Title: Division Director - Parks & Recreation, Parks & Recreation Name: WilliamsBan°y 11/16/2015 9:40:35 AM Approved By Name: BetancurNatali Title: Operations Analyst, Parks & Recreation Date: 11/16/2015 1:05:58 PM Name: WilliamsBarry Title: Division Director - Parks & Recreation, Parks & Recreation Date: 11/16/2015 4:45:36 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 11/16/2015 4:56:20 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 11/18/2015 4:41:37 PM Packet Page -1561- Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 11/19/2015 9:26:58 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/19/2015 12:05:43 PM Name: FirmEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 11/19/2015 5:51:22 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 11/22/2015 11:21:07 AM Packet Page -1562- 12/8/2015 16.D.24. 12/8/2015 16.D.24. RESOLUTION NO. 2015 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXTENDING THE SUNSET DATE OF THE COLLIER COUNTY ATV PARK AD HOC COMMITTEE FOR AN ADDITIONAL 12 MONTHS. WHEREAS, in 2011, Collier County and the South Florida Water Management District entered into a Settlement Agreement wherein the District paid Collier County $3 million to dispose of litigation arising out of a 2003 Agreement between the parties in which the District was to convey 640 acres to Collier County for recreational ATV use; and WHEREAS, it has been the desire of the Board of County Commissioners (Board) to utilize these funds to locate and establish an ATV Park; and WHEREAS, Collier County Ordinance No. 2001 -55, as amended, provides that the Board may, by resolution, appoint an Ad Hoc or Task Force Committee for a specific project. The resolution must set forth the duties and responsibilities of the Committee and contain language that automatically dissolves the Committee upon completion of the project; and WHEREAS, on June 12, 2012, the Board adopted Resolution No. 2012 -110, which established the Collier County ATV Park Ad Hoc Committee to assist the Board in identifying lands suitable for an ATV Park; and WHEREAS, on June 9, 2015, the Board adopted Resolution No. 2015 -116, which re- established the Collier County ATV Park Ad Hoc Committee and extended its sunset date; and WHEREAS, Section Five of Resolution 2015 -116 states that "Unless extended by Resolution of the Board, this Committee shall automatically sunset without farther action after six (6) months through and including December 12, 2015. "; and WHEREAS, the Board desires to extend the existence of this Committee for an additional 12 months NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier County ATV Park Ad Hoc Committee shall be extended for an additional 12 months from its current sunset date, and unless farther extended by Resolution of the Board, shall automatically sunset without finther action on December 12, 2016. 1 Packet Page -1563- 12/8/2015 16.D.24. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this day of , 2015. ATTEST: DWIGHT E. BROCK, CLERK I: , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN 2 Packet Page -1564- 0