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Agenda 04/12/2022 Item #16A13 (Freedom Park Bypass Canal Bank Study Agreement w/Naples Botanical Garden, Inc.)04/12/2022 EXECUTIVE SUMMARY Recommendation to approve and execute a Temporary Access and Landscape Easement and Agreement between Collier County and the Naples Botanical Garden, Inc., concerning the Freedom Park Bypass Canal Bank Study using native low-growing grasses and authorize the Chairman to sign and execute the Agreement. OBJECTIVE: Utilize a Temporary Access and Landscape Easement at the Freedom Park Bypass Canal to study native low-growing grasses to determine the feasibility of using an alternative to traditional sod to reduce mowing, operational costs, and improve water quality. CONSIDERATIONS: The Naples Botanical Garden (“Grantee”) seeks to conduct a Big Cypress Basin of the South Florida Water Management District contracted study using native low - growing ground cover plantings along a stretch of canal bank at the Freedom Park Bypass Canal. The purpose of the study is to determine the feasibility of using an alternative to traditional sod to reduce mowing and operational costs as well as maintain canal bank stabilization. This would also improve water quality in downstream water bodies by reducing the amount of organic-rich grass clippings in canals from mowing. The Naples Botanical Garden seeks to use two 80-foot sections on each of the north and south banks of the Canal located along the north side of the Fred W. Coyle Freedom Park for the Study and Plantings. The area is managed by Collier County Transportation Management Services Department staff. The Naples Botanical Garden will install the plantings at the onset of the 2022 wet season and monitor the plantings through August 2023. They will install, maintain, access, study, rope off, and provide public awareness signage for the plantings. During the time frame of the study, Collier County will have no maintenance obligations or responsibilities for the study or plantings. The Florida Communities Trust (FCT) provided written approval for the project, as required by the Freedom Park Management Plan and related covenants (OR Book 4103 PG 3425). FISCAL IMPACT: There is no fiscal impact associated with this action. Naples Botanical Garden, Inc. is responsible for all recording fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires a majority vote for Board approval. -DDP RECOMMENDATION: To approve and execute a Temporary Access and Landscape Easement and Agreement between Collier County and the Naples Botanical Garden, Inc., concerning a Freedom Park Bypass Canal Bank Study using native low-growing grasses and authorize the Chairman to sign and execute the Agreement. Prepared by: Pamela Lulich, PLA, CPM, Landscape Operations Manager ATTACHMENT(S) 1. Naples Botanical Garden - Temporary Access and Landscape Easement and Agreement (PDF) 2. Letter of Intent with Project Map (PDF) 3. 05-027-FF5.FCT.Approval.Temp.Easement (PDF) 16.A.13 Packet Pg. 769 04/12/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13 Doc ID: 21745 Item Summary: Recommendation to approve and execute a Temporary Access and Landscape Easement and Agreement between Collier County and the Naples Botanical Garden, Inc., concerning the Freedom Park Bypass Canal Bank Study using native low-growing grasses and authorize the Chairman to sign and execute the Agreement. Meeting Date: 04/12/2022 Prepared by: Title: Manager - Landscape Operations – Growth Management Department Name: Pamela Lulich 03/21/2022 10:16 AM Submitted by: Title: Deputy Department Head – Growth Management Department Name: Trinity Scott 03/21/2022 10:16 AM Approved By: Review: Road Maintenance Gerald Kurtz Additional Reviewer Completed 03/21/2022 8:27 PM Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 03/22/2022 9:25 PM Growth Management Department Ellen Sheffey Growth Management Department Completed 03/23/2022 9:50 AM Growth Management Department Pamela Lulich Growth Management Skipped 03/22/2022 3:56 PM Parks & Recreation Summer BrownAraque Additional Reviewer Completed 03/23/2022 2:34 PM Growth Management Department Trinity Scott Transportation Completed 03/24/2022 2:22 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/24/2022 4:40 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/25/2022 8:05 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/25/2022 11:31 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/25/2022 2:41 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 03/28/2022 10:15 AM Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM 16.A.13 Packet Pg. 770 16.A.13.a Packet Pg. 771 Attachment: Naples Botanical Garden - Temporary Access and Landscape Easement and Agreement (21745 : Recommendation to approve and 16.A.13.a Packet Pg. 772 Attachment: Naples Botanical Garden - Temporary Access and Landscape Easement and Agreement (21745 : Recommendation to approve and 16.A.13.a Packet Pg. 773 Attachment: Naples Botanical Garden - Temporary Access and Landscape Easement and Agreement (21745 : Recommendation to approve and 16.A.13.a Packet Pg. 774 Attachment: Naples Botanical Garden - Temporary Access and Landscape Easement and Agreement (21745 : Recommendation to approve and 16.A.13.a Packet Pg. 775 Attachment: Naples Botanical Garden - Temporary Access and Landscape Easement and Agreement (21745 : Recommendation to approve and 16.A.13.a Packet Pg. 776 Attachment: Naples Botanical Garden - Temporary Access and Landscape Easement and Agreement (21745 : Recommendation to approve and 16.A.13.a Packet Pg. 777 Attachment: Naples Botanical Garden - Temporary Access and Landscape Easement and Agreement (21745 : Recommendation to approve and BIG CYPRESS BASIN GOVERNING BOARD BASIN ADMINISTRATOR Charlette Roman, Chair Dan Waters, Vice Chair Lisa Koehler Andrew D. W. Hill Nanette Rivera March 11, 2022 Marshall Miller, Manager of Stormwater Maintenance Growth Management Department 4800 Davis Boulevard Naples, FL 34104 Dear Mr. Miller: Subject: Letter of Intent Project: Canal Bank Study Using Native Low-Growing Grasses The Big Cypress Basin (Basin) is contracting Naples Botanical Garden (Garden) to conduct a study using native low-growing ground cover along a stretch of canal bank at the Freedom Park Bypass Canal (See Attached Map). The purpose of the study is to determine the feasibility of using an alternative to traditional sod in order to reduce mowing and operational costs as well as maintain canal bank stabilization. This would also improve water quality in downstream water bodies by reducing the amount of organic-rich grass clippings in canals from mowing. The Garden intends to use two 80-foot sections on each of the north and south banks of the canal for their study area. Native grasses to be installed will include Saltgrass, Seashore Paspalum, and Seashore Dropseed which are known to be low maintenance, tolerant to a wide range of environmental conditions, and to have a stronger root system than traditional sod. Plants will be installed at the onset of wet season (~June 1, 2022) and monitoring will occur for one year. The study is anticipated to be complete by August of 2023 with a final report to the Big Cypress Basin Board on October 26, 2023. Assistance will be needed from Collier County to provide access, rope off the project area, and provide signage for public awareness. We look forward to working with you on this important study. Please direct any questions to Shawn Meyer at (239) 263-7615 or at smeyer@sfwmd.gov. Sincerely, Lisa Koehler Big Cypress Basin Administrator 16.A.13.b Packet Pg. 778 Attachment: Letter of Intent with Project Map (21745 : Recommendation to approve and execute a Temporary Access and Landscape Easement - Study Locations Canal Bank Study Site Locations 16.A.13.bPacket Pg. 779Attachment: Letter of Intent with Project Map (21745 : Recommendation to approve and execute a Temporary Access and Landscape Easement F LORIDA D EPARTMENT O F Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary 3/24/2022 Mr. Derek D. Perry Assistant County Attorney Collier County Attorney Office 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Re.: Temporary Easement Freedom Park, FCT Project Number 05-028-FF5 Dear Attorney Perry: Greetings from the Florida Communities Trust (FCT). Thank you for submitting Collier County’s request for FCT review of the above referenced temporary easement. The easement will grant temporary access to the Naples Botanical Garden to conduct a study of the effectiveness of various low-growth wetland grasses on the banks of the Bypass Canal. The term of this temporary easement is June 1, 2022 through September 1, 2023. I’ve spoken with our main FCT contact for Freedom Park, Melissa Hennig. The park is in full support of this temporary easement. OUR FCT Program Attorney has reviewed the temporary easement for conformance with FCT Program Rules and the terms and conditions of the grant award. We find no conflicts. Therefore, FCT approves of this temporary access easement. FCT suggests that the Naples Botanical Garden staff use the service entrance off of Goodlette-Frank Road in the northwest former of Freedom Park for all planting related activities. We understand that this was very likely the plan from the beginning. We make this suggestion to minimize disruption to normal park operations. Ms. Hennig agrees with this suggestion. Once the planting is in place, Ms. Hennig states that Botanical Garden staff may use the regular park entrance for monitoring activities. 16.A.13.c Packet Pg. 780 Attachment: 05-027-FF5.FCT.Approval.Temp.Easement (21745 : Recommendation to approve and execute a Temporary Access and Landscape Again, thank you for forwarding the proposed easement for FCT review and approval. If you have questions, please call me at 850-245-2783 or email Bill.Bibby@FloridaDEP.gov with c.c. to FloridaCommunitiesTrust@FloridaDEP.gov. Sincerely, Bill Bibby, FCCM Planner IV /bb 16.A.13.c Packet Pg. 781 Attachment: 05-027-FF5.FCT.Approval.Temp.Easement (21745 : Recommendation to approve and execute a Temporary Access and Landscape