Agenda 06/28/2022 Item #16K 2 (Agreement w/SFWMD for construction of new communication tower)06/28/2022
EXECUTIVE SUMMARY
Recommendation to approve an Agreement with the South Florida Water Management District for
construction of a new communications tower to continue operation of the County’s flood control
system.
OBJECTIVE: To obtain approval of an Agreement with the South Florida Water Management Distict
for construction of a new communciations tower to continue operation of the County’s flood control
system.
CONSIDERATIONS: South Florida Water Management District (SFWMD) and Collier County’s
primary flood control system currently operates on cellular service and frequently loses connectivity. The
preferred standard for providing reliable flood control is radio frequency, which can only be
accomplished by constructing a new communications tower. Radio frequency is 99.9% reliable and
provides the effectiveness and reliability for the County’s primary flood control system, and further
provides the ability to control operations for flood control structures remotely. The County’s primary
flood control system and associated infrastructure is maintained and operated by the Big Cypress Basin.
The new tower will improve the County’s flood control system and ensure that flood control
communications are not lost during natural disasters, which will greatly benefit the County.
The new tower will be located in Immokalee, Florida, north of Lake Trafford Road, on a 447+/- acre
property owned by the SFWMD. A location map is attached to the Agreement as Exhibit A. SFWMD and
the County agree that the tower will be no more than 300 feet in height. Staff therefore recommends
approval of the attached Agreement.
FISCAL IMPACT: There is no fiscal impact associated with this request.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
request.
LEGAL CONSIDERATIONS: While the Land Development Code regulates communications towers
in the County, the issue of whether a state agency is immune from local zoning regulations is unclear and
has not been contemplated by the legislature. However, the Florida Attorney General has opined that state
agencies are generally immune from local zoning regulations as a matter of principle. To resolve any
uncertainty, SFWMD and the County wish to enter into this Agreement, allowing for SFWMD to
construct a communications tower not to exceed 300 feet in height, in order to provide essential flood
control operations for the County. -SAA
RECOMMENDATION: That the Board approve the proposed Agreement with the South Florida Water
Management Distict for construction of a new communciations tower to continue operation of the
County’s flood control system.
Prepared by: Sally Ashkar, Assistant County Attorney
ATTACHMENT(S)
1. South Florida Water Management District Local Gov. Agreement (PDF)
16.K.2
Packet Pg. 1795
06/28/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 22624
Item Summary: Recommendation to approve an Agreement with the South Florida Water
Management District for construction of a new communications tower to continue operation of the
County’s flood control system.
Meeting Date: 06/28/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
06/22/2022 12:45 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/22/2022 12:45 PM
Approved By:
Review:
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/22/2022 1:04 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/22/2022 1:07 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/22/2022 1:14 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/22/2022 1:57 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/22/2022 3:34 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM
16.K.2
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Packet Pg. 1797 Attachment: South Florida Water Management District Local Gov. Agreement (22624 : Agreement with SFWMD for construction of
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Packet Pg. 1798 Attachment: South Florida Water Management District Local Gov. Agreement (22624 : Agreement with SFWMD for construction of
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Packet Pg. 1799 Attachment: South Florida Water Management District Local Gov. Agreement (22624 : Agreement with SFWMD for construction of
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Packet Pg. 1800 Attachment: South Florida Water Management District Local Gov. Agreement (22624 : Agreement with SFWMD for construction of
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Packet Pg. 1801 Attachment: South Florida Water Management District Local Gov. Agreement (22624 : Agreement with SFWMD for construction of