Agenda 02/25/2014 Item #11D2/25/2014 11. D.
EXECUTIVE SUMMARY
Recommendation to consider the All Terrain Vehicle (ATV) Park Ad Hoc Committee's
recommendation to (1) adopt a Resolution to allow the committee to continue for an additional
year; (2) develop a voucher program and (3) initiate a Request for Proposals (RFP) to select a
vendor(s) that has property with a suitable ATV riding facility.
OBJECTIVE: To present the committee's recommendations and obtain Board of County
Commissioners (Board) approval and guidance.
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 Division and Collier County Parks and Recreation
Department have been tasked with searching for land appropriate and suitable for an ATV Park
site. Public information meetings were held in fall of 2011 and spring of 2012 to solicit input
from ATV users /stakeholders. An ATV Park Site Ad Hoc Committee was formed with the
Board's approval on June 12, 2012. The seven - member committee plus two alternate members
has assisted staff in exploring and identifying potential ATV park sites, with the goal of
providing citizen recommendations to the Board. After an exhaustive search no land suitable for
an ATV Park has been located within Collier County.
The committee last presented requests to the Board in December 2013. The committee recently
met on January 23, 2014 and respectfully requested that the Board consider the following three
items:
1. The ATV Park Ad Hoc Committee is requesting a twelve -month extension to their sunset
period.
The Committee was created as an ad hoc committee by Resolution No. 2012 -110, and was
originally scheduled to sunset in a year. The sunset date was subsequently extended by the
Board through Resolution No. 2013 -64 for an additional year, and the Committee is now
scheduled to sunset June 12, 2014. Ordinance 2001 -55, as amended (Standards for the Review
and Creation of Advisory Boards) provides in relevant part as follows:
"The commission may, by resolution, appoint an ad hoc or task force committee for
a specific project, if the duration of the committee does not exceed three years
duration. The resolution must set forth the duties and responsibilities of the
committee and contain language that automatically dissolves the committee within
the specified year from the date of adoption of the committee members by the
commission."
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As resolutions are best amended by resolution, the County Attorney has drafted a proposed
Resolution to extend the term of this Committee an additional year. At the end of this final year
the Committee would be also be at the end of the three -year ad -hoc committee rule. Staff has no
objection to the request.
2. The committee is asking the Board for permission to work with the County Attorney's
office and the Public Services Division to explore and develop a voucher system that
would help offset costs of ATV riders who are currently required to travel outside Collier
County to ride ATVs The system would be managed by the Parks and Recreation
Department similar to how they handle other permitted uses for recreational services, i.e.,
beach parking sticker program camping at t Pepper Ranch overnight parking permits etc
The committee respectfully requests setting aside a portion of the settlement funds to
offset costs for ATV riders who visit other parks in Florida to ride since there is no park
in Collier County. In concept the committee is asking that a legally sufficient process is
developed that would allow ATV riders to seek reimbursement of a stipulated amount of
funds for each time an ATV rider travels outside Collier County to another location
within Florida.
The County Attorney has communicated that he is generally comfortable with the concept
presented, but would prefer that the Board direct the County Attorney to work with the County
Manager to bring back to the Committee several alternatives for their review and
recommendation which would then come to the Board for approval. Since there is only a
handful of these ATV facilities within driving distance of Collier County (which are both private
and State owned), Staff will need to establish a standard approach that would be mutually
acceptable, auditable and legally sufficient.
3. The committee would like to ask the Board to direct the Co2pt y L Attorney's Office and
staff to assist them in developing _a legally sufficient Request for Proposals (RFP) for a
public private partnership. A Request for Information/Interest (RFI) was distributed to
contacts in nearby counties and five responses were received. The Committee studied
those responses and would like to initiate a Request for Proposals (RFP) to select a
vendor(s) that has property with a suitable ATV riding facility. Proposals would be
evaluated and a contract negotiated using the criteria listed below.
WHERE THE SITE:
a. Has greater than 800 acres;
b. Has uplands and wooded areas (less lakes);
c. Has camping;
d. Can accommodate operating times that include many hours of use /open year
round (not limited to a few weekends each year);
e. Is proximate to Collier County (the closer the better);
£ Includes or can accommodate a variety of vehicles to be permitted on site;
g. Includes or can accommodate a directional trail system (better for safety);
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2/25/2014 11. D.
h. Includes or can accommodate facilities that accommodate a majority of ATV
rider interests (quantity /quality); and
i. Is an existing facility for ATV riding or can be shovel ready with a planned
opening soon.
WHERE THE SITE OPERATOR:
j. Ensures that appropriate safety provisions are provided;
k. Has a business plan and financial wherewithal (for long -term sustainability).
It is the County Attorney's and staff's belief that the third proposal (which seems like an
alternative to the voucher program), may be premature and in any event needs to be better
defined before an RFP can be properly drafted. If the concept is to enter into a permanent
arrangement with an ATV park(s), the proposal may be untimely if the voucher program is
chosen, as it would give County staff the opportunity over a year or so to better evaluate the
issues before committing the entire $3 million. If it is the Board's desire to move forward with
this option now, then the time and effort needed to establish a voucher program would be
unproductive, as all of the funds would shortly be committed to this approach. In any event, a
further meeting between staff and the committee would help better define the RFP, which RFP
could then come to the Board for approval before it is put out to the street.
FISCAL IMPACT: There is no fiscal impact associated with these recommendations at this
time other than staff time to resource the pursuit of these options. The remaining balance in the
ATV account is approximately $2,965,000.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality and requires majority vote for Board action. -JAK
RECOMMENDATION: That the Board reviews the Advisory Committee's recommendations
and staff's comments and that the Board takes the following actions:
1) Adopt the attached Resolution which will extend the ATV Ad Hoc Committee for an
additional year;
2) Approve the exploration and development of a voucher system; or as an alternative
3) Approve the solicitation of a public private partnership.
Prepared by: Nick Casalanguida, Administrator, Growth Management Division
Steve Carnell, Administrator, Public Services
Attachment: Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.1).
2/25/2014 11. D.
Item Summary: Recommendation to consider the All Terrain Vehicle (ATV) Park Ad Hoc
Committee's recommendation to (1) adopt a Resolution to allow the Committee to continue for
an additional year; (2) to develop a voucher program and (3) to initiate a Request for Proposals
(RFP) to select a vendors) that has property with a suitable AN riding facility.
Meeting Date: 2/25/2014
Prepared By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
2/11/2014 11:15:22 AM
Submitted by
Title: Administrator - Growth Management Div, Business Management & Budget Office
Name: Casa] angui daNi ck
2/11/2014 11:15:23 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 2/11/2014 12:12:54 PM
Name: WilliamsBarry
Title: Director - Parks & Recreation, Parks & Recreation
Date: 2/12/2014 2:51:57 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/12/2014 3:33:43 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 2/12/2014 4:34:30 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 2/13/2014 1:28:01 PM
2/25/2014 11. D.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2014 10:54:01 AM
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2/25/2014 11. D.
RESOLUTION NO. 2014 -
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, if the
duration of the committee does not exceed three years; 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, Section Five of Resolution No. 2012 -110 states that "Unless extended by
Resolution of the Board, this Committee shall automatically sunset without further action one
year from the date of this Resolution "; and
WHEREAS, through Resolution No. 2013 -64, the Board extended the initial sunset date
of this Committee to June 12, 2014; 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 further extended by Resolution of the Board, shall automatically sunset without
further action on June 12, 2015.
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2/25/2014 11. D.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this day of 2014.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
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