Agenda 01/26/2021 Item #16D 8 (SFWMD Settlment Funds/Big Cypress National Preserve)01/26/2021
EXECUTIVE SUMMARY
Recommendation to authorize the use of South Florida Water Management District settlement
funds to offset the annual $100 Off-Road Vehicle riding permit fee assessed by the Big Cypress
National Preserve by fifty percent (50%) for Collier County residents to provide riding
opportunities at the Preserve and to sunset Resolution No. 2012-110 as amended, which established
the Collier County ATV Park Ad Hoc Committee, and approve any necessary budget amendments.
CONSIDERATIONS: In 2011, Collier County and SFWMD entered into a Settlement Agreement
wherein SFWMD paid Collier County $3,000,000 to settle litigation arising out of a 2003 Agreement
between the parties in which SFWMD was to convey 640 acres to Collier County for recreational ATV
use. Since that settlement, the Collier County Growth Management Department and Collier County Parks
and Recreation Division were tasked with searching for land appropriate and suitable for an ATV Park
site. To date, and despite an exhaustive search, no land suitable for an ATV Park has been located within
or outside of Collier County.
Big Cypress National Preserve (Preserve) provides annual riding permits for ATV riders at a rate of $100
per year. The Preserve is a unit of the national park system, which was established in 1974, as the nation’s
first National Preserve. The Preserve allows a number of activities not typically found in other units of the
system. The National Park Service (NPS), a bureau of the Department of the Interior, has day -to-day
authority and responsibility on Federal parklands. The original Preserve was 574,000 acres. In April 1988,
Congress passed the Big Cypress National Preserve Addition Act increasing the authorized acreage. The
Preserve now totals 720,000 acres.
Visitor and property use includes off-road vehicle operation on designated trails for hunting, fishing,
frogging, camping, wildlife observation, transportation to private property, and other traditional nature -
based activities and are consistent with the Preserve enabling legislation and the Addition Act, and are,
therefore authorized in the Preserve.
Staff recommends authorizing a fifty percent (50%) reimbursement ($50) for the Preserve $100 annual
riding permit fee for Collier County residents. Only interest income associated with the ATV Settlement
cost center will be used to fund the reimbursement of riding permits. Once the funds have been expended
for the fiscal year, the program will end. If approved, staff will define and publish the process and
requirements for such reimbursements; which are generally anticipated to be proof of Collier residency
and proof of having paid the $100 annual Preserve permit fee. Also, in no event will the total amount of
reimbursements exceed the interest available on the fund.
On June 12, 2012, the Board of County Commissioners’ (Board) established the Collier County ATV
Park Ad Hoc Committee (Resolution No. 2012-110) to assist the Board in researching and identifying
lands based on acreage and amenities that are appropriate and suitable for an ATV park. On April 24,
2018 (Agenda Item# 11.C), the Board approved to table further ATV Ad Hoc Committee meetings.
During the last two (2) years attendance of the ad hoc committee has been sporadic and often the group
has not met a quorum in order to conduct official business. In addition, there are limited opportunities for
the purchase of land identified that would be suitable to establish an ATV Park in Collier County and for
this reason, staff is requesting that the Board sunset Resolution No. 2012-110 as amended. Should a
suitable location or opportunity arise for an ATV park, the ad hoc committee can be reestablished.
FISCAL IMPACT: Currently, there is $102,200 in unspent interest earnings available in the ATV
Settlement Fund (305) that can be used to fund this program. A budget amendment will be needed to
decrease Reserves and increase the reimbursement program in amount of $102,200. In the future, interest
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01/26/2021
earnings will continue to fund this program, leaving the $3 million intact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: To authorize the use of settlement funds to offset annual riding permit fee of
$100 by fifty percent (50%) for Collier County residents to provide riding opportunities at Big Cypress
National Preserve and to sunset Resolution No. 2012-110 as amended, which established the Collier
County ATV Park Ad Hoc Committee, and approve any necessary budget amendments.
Prepared By: Matthew Catoe, Contract Administration Specialist, Public Services Department
ATTACHMENT(S)
1. Executive Summary - Agenda Item 11C - April 24 2018 (PDF)
2. Resolution 2012-110 (PDF)
3. Resolution 2016-246 (PDF)
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01/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.8
Doc ID: 14771
Item Summary: Recommendation to authorize the use of South Florida Water Management
District settlement funds to offset the annual $100 Off-Road Vehicle riding permit fee assessed by the Big
Cypress National Preserve by fifty percent (50%) for Collier County residents to provide riding
opportunities at the Preserve and to sunset Resolution No. 2012-110 as amended, which established the
Collier County ATV Park Ad Hoc Committee, and approve any necessary budget amendments.
Meeting Date: 01/26/2021
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
01/15/2021 4:59 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
01/15/2021 4:59 PM
Approved By:
Review:
Parks & Recreation Barry Williams Additional Reviewer Completed 01/19/2021 8:21 AM
Parks & Recreation Matthew Catoe Additional Reviewer Skipped 01/19/2021 8:28 AM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 01/19/2021 9:21 AM
Public Services Department Todd Henry Public Services Deapartment Completed 01/19/2021 9:50 AM
Public Services Department James C French PSD Dept Head Review Completed 01/19/2021 1:35 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/19/2021 1:50 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/19/2021 2:16 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 01/20/2021 10:36 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 01/20/2021 3:30 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/20/2021 3:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/26/2021 9:00 AM
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Packet Pg. 704 Attachment: Executive Summary - Agenda Item 11C - April 24 2018 (14771 : Annual ATV Riding Permits for Big Cypress National Preserve)
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Packet Pg. 705 Attachment: Executive Summary - Agenda Item 11C - April 24 2018 (14771 : Annual ATV Riding Permits for Big Cypress National Preserve)
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Packet Pg. 706 Attachment: Executive Summary - Agenda Item 11C - April 24 2018 (14771 : Annual ATV Riding Permits for Big Cypress National Preserve)
RESOLUTION NO. 2012 - 1 10
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER
COUNTY ATV PARK AD HOC COMMITTEE, AND APPOINTING THE
INITIAL MEMBERSHIP.
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 to utilize
these funds to locate and establish an ATV Park; and
WHEREAS, the Collier County Growth Management Division and Collier County Parks
and Recreation Department have conducted public information meetings to solicit input from
stakeholders and ATV riders in this search for land suitable for an ATV Park site; and
WHEREAS, Collier County Ordinance No. 2001-55, as amended, provides that the
Board of County Commissioners 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; and
WHEREAS, the Board of County Commissioners desires to establish an ATV Park Ad
Hoc Committee to assist the Board in identifying lands appropriate and suitable for an ATV
Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Creation and Purpose of the ATV Park Ad Hoc Committee.
Pursuant to the provisions of Collier County Ordinance No. 2001-55, as amended, the
Board of County Commissioners hereby establishes the Collier County ATV Park Ad Hoc
Committee (Committee) to assist the Board in researching and identifying lands based on
acreage and amenities that are appropriate and suitable for an ATV park.
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Packet Pg. 707 Attachment: Resolution 2012-110 (14771 : Annual ATV Riding Permits for Big Cypress National Preserve)
SECTION TWO: Appointment of Members, Terms of Office, Failure to Attend
Meetings.
There shall be seven regular and two alternate members to this Committee, who shall
serve a one year term. Alternate members may vote in the absence of a regular member. The
Board hereby appoints Jeff Close, Felix Garcia, Jonathan Harraden, Mario Menendez, and Joe
Pelletier to the Committee. Additional and replacement members shall, to the extent possible, be
comprised of community members who are ATV riders and who have demonstrated a substantial
interest in working with Collier County staff to determine a potential site for the ATV Park.
Collier County staff who are interested in ATV issues may serve on this committee.
If any member of the Committee is absent from two or more consecutive meetings
without satisfactory excuse, such member's position may be declared vacant by the Board as
prescribed by Collier County Ordinance No. 2001-55, as amended, or its successor ordinance.
SECTION THREE: Officers, Quorum, and Composition.
At the Committee's first meeting, the membership shall elect a Chair and Vice-Chair.
The presence of a majority of the memberships shall constitute a quorum. The Committee shall
follow Robert's Rules of Order for the transaction of business and shall keep records of the
meetings, findings, and determinations. The members of the Committee shall serve without
compensation, but may be reimbursed for travel, mileage, and/or per diem expenses if approved
in advance by the Board.
SECTION FOUR: Functions, Powers, and Duties of the Committee.
The functions, powers, and duties of this Committee shall be to aid and assist the Board
in researching and identifying lands appropriate and suitable, based on acreage and amenities, for
an ATV park. Additionally, the Committee may evaluate options for the use of private land for
the establishment of an ATV Park. These options include but are not limited to:
A. Purchase or lease of private land;
B. Easements for the establishment of ATV trails over private land to connect with
lands of other property owners;
2
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Packet Pg. 708 Attachment: Resolution 2012-110 (14771 : Annual ATV Riding Permits for Big Cypress National Preserve)
C. Private/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
D. Volunteer assistance and funding from the ATV community.
SECTION FIVE: Dissolution of Committee.
Unless extended by Resolution of the Board, this Committee shall automatically sunset
without further action one year from the date of this Resolution.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this lzkIn day of 2012.
ATTEST, "° ? D , BOARD OF COUNTY COMMISSIONERS
DWIC 'I E..BRQCK LERK COLLIER COUNTY, FLORIDA
By
Matt Si .to 7
s} 1lezk FRED W. COYLE, CHAI AN
Appr4e, ' t• orb
and l:ta s icy:
Jeffrey • . •tzkow
County •tti ,, ey
3
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Packet Pg. 709 Attachment: Resolution 2012-110 (14771 : Annual ATV Riding Permits for Big Cypress National Preserve)
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Packet Pg. 710 Attachment: Resolution 2016-246 (14771 : Annual ATV Riding Permits for Big Cypress National Preserve)
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Packet Pg. 711 Attachment: Resolution 2016-246 (14771 : Annual ATV Riding Permits for Big Cypress National Preserve)