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Agenda 12/10/2013 Item #11G 12/10/2013 11 .G. EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to consider the All Terrain Vehicle (ATV)Park Ad Hoc Committee's recommendations with regard to settlement funds. OBJECTIVE: To present the committee's recommendations and obtain Board guidance with regard to ATV settlement funds. 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 on September 28, 2011 and on March 29, 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. Staff had maps created identifying potential areas that did not appear to be environmentally sensitive, and could therefore be utilized for ATV park purposes. Real Property contacted 73 property owners who own more than 200 of the parcels identified as potentially viable for an ATV Park to solicit interest in discussing the use of private land for an ATV Park. Staff and the committee followed up with additional individual correspondence and phone calls to determine if there was any interest in the following: • Purchase or lease of private land; • Easements for the establishment of ATV trails over private land to connect with lands of other property owners; • Private and public partnerships where private property owners develop and operate an ATV park on their land with possible assistance and/or funding by the County; and • Volunteer assistance and funding from the ATV community. In February 2013, staff and the ATV Committee Chairman reported to the Board that no property owners in Collier County had been found willing to pursue an ATV park via land acquisition, grant of easements or through public/private partnerships. Also, noted at that time was that the settlement funds of$3 million will most likely not purchase enough land and fund construction of an ATV park within the limits of Collier County. The committee then received Board approval to pursue the potential of utilizing the funds allotted for an agreement with one or more ATV Park(s) established or in the process of being established outside of Collier County. A Request for Information (RFI) was distributed to contacts in nearby counties and five responses were received. The Committee, which has met 13 times since July 2012, has studied the responses and would now like to recommend the following actions: 1. Segregate the remaining settlement funds into a restricted interest bearing account with the principle and interest held for ATV riding purposes; Packet Page-706- 12/10/2013 11.G. 2. Initiate a Request for Proposals (RFP) to select a vendor(s) that has property with a suitable ATV riding facility to negotiate with using the following criteria: a. Have greater than 800 acres; b. Have uplands and wooded areas (less lakes); c. Have camping accommodations; d. Accommodate operating times that include many hours of use/open year round (not limited to a few weekends each year); e. Have proximity to Collier County (the closer the better); f. Accommodate a variety of vehicles to be permitted on site; g. Accommodate a directional trail system (better for safety); h. Ensure that safety provisions are provided; i. Has a business plan(for sustainability); j. Provide facilities that accommodate a majority of ATV rider interests (quantity/quality); and k. Be an existing facility for ATV riding or shovel ready with a planned opening soon. If a vendor (or vendors) acceptable to the majority of the committee and the Board is identified, staff will again seek Board direction for continued future action. FISCAL IMPACT: The ATV project account has an approximate balance of$2,965,127.58 GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues at this time, and requires majority vote for Board action. -JAI( RECOMMENDATION: That the Board: 1) Accepts the ATV Ad Hoc Committee's progress briefing; 2) Approves the segregation of the balance of settlement funds into a separate interest bearing account; and 3) Provides direction to the County Manager or his designee and the committee on future action. Prepared by: Nick Casalanguida, Administrator, Growth Management Division Packet Page-707- 12/10/2013 11 .G. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.G. Item Summary: Recommendation for the Board of County Commissioners to consider the All Terrain Vehicle (ATV) Park Ad Hoc Committee's recommendations with regard to settlement funds. (Nick Casalanguida, Growth Management Administrator) Meeting Date: 12/10/2013 Prepared By Approved By Name: LynchDiane Title:Administrative Assistant Date: 11/22/2013 4:46:47 PM Name: KlatzkowJeff Title: County Attorney Date: 11/25/2013 9:00:33 AM Name: CasalanguidaNick Title: Deputy Administrator-GMD,Business Management&B Date: 11/25/2013 9:35:00 AM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 11/25/2013 5:39:25 PM Name: KlatzkowJeff Title: County Attorney Date: 11/26/2013 1:35:17 PM Name: OchsLeo Title: County Manager Date: 11/26/2013 4:54:54 PM Packet Page-708-