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Agenda 11/15/2016 Item #10A 10A 11/15/2016 EXECUTIVE SUMMARY Recommendation to direct County Attorney to use any necessary legal recourse to enforce the Board of County Commissioner's 2003 agreement with the South Florida Water Management District mandating all roads in the Picayune Strand State Forest are to remain open for free public access to the preserve and to authorize the Board Chairman to submit a letter of explanation to the Governor on SFWMD refusal to maintain the Picayune roadways. (This item was first heard at the September 27, 2016 BCC meeting and approved for reconsideration at the October 11, 2016 BCC Meeting.) (Commissioner Taylor) OBJECTIVE: To reconsider the Board's previous decision on this matter taken on September 27,2016. CONSIDERATIONS: It is not my intention,with this request for reconsideration,to undermine the hard work and leadership of Commissioner Henning. Commissioner Henning was the Chairman of the Board of County Commissioners when the 2003 Everglades Restoration Project agreement for the Southern Golden Gate Estates and the Picayune State Forest was negotiated.The Board of County Commissioners of Collier County and Commissioner Henning's constituents were promised access to the former `open' lands in 'all weather' as well as a gift of land to Collier County for a 640 acre ATV Park. Today, in 2016,access to this area is limited and there are no 'all weather' roads throughout the forest that can be used for recreation as outlined in the agreement; 9. DISTRICT and /or STATE agree that the general public will be given access for recreational uses on lands within the Project Area and in the adjoining Picayune Forest. As part of this commitment the Picayune Strand State Forest Recreation Program will provide for dispersed recreational opportunities and will recognize the following uses as compatible with resource protection and passive recreation: horseback riding; fishing; off -road bicycling; hiking; primitive camping; some types of hunting; wildlife viewing and nature study.... The lands subsequently identified by South Florida Water Management for a 640 acre ATV park have been unusable due to the presence of arsenic. Thirteen years have passed and frustrations are understandably high on the part of the public. However,unintended consequences came in to play with the unanimous decision of the Board of County Commissioners to ask our Attorney to enforce the 2003 agreement"using any necessary legal recourse". It appears,at least to the public and to the press that the Board of County Commissioners is determined to sue over what we have deemed were and are broken promises by South Florida Water Management. It was very important that Commissioner Henning brought this matter before the Board of County Commissioner. I want to personally thank him for his work in this matter. A courtroom battle will be unproductive at this time, in my opinion. We have an opportunity to begin a dialogue with South Florida Water Management and other involved parties right now. And we have an opportunity to work toward fair solutions for these very important issues in a collaborative manner. Packet Pg 111 10.A 11/15/2016 Subsequent to the Board's decision to reconsider this item,the County Manager met with the Executive Director of the South Florida Water Management District to discuss the County Commission's public access concerns and to explore opportunities for collaborative solutions. The action items resulting from those discussions are outlined in the enclosed memorandum. FISCAL IMPACT: No fiscal impact. RECOMMENDATION: That the Board directs the County Manager to continue to work with the South Florida Water Management District and the State Department of Forestry on a land management plan for the Picayune Strand State Forest restoration lands that maximizes reasonable public access to the greatest extent practicable,consistent with the intent of the 2003 Agreement. Prepared by: Commissioner Penny Taylor,District 4 ATTACHMENT(S) 1.Original ES 9-27-16 meeting (PDF) 2.PSRP Update for Collier Co_3Nov2016(PPT) 3.Picayune November 15 2016 (DOCX) Packet Pg.112 10.A.a 11/15/2016 COLLIER COUNTY Z.:. Board of County Commissioners o U I Item Number: o Item Summary: Reconsideration of Agenda Item 10A from the September 27, 2016 BCC "a Meeting to direct County Attorney to use any necessary legal recourse to enforce the Board of County o Commissioner's 2003 agreement with the South Florida Water Management District mandating all roads m in the Picayune Strand State Forest are to remain open for free public access to the preserve and to s authorize the Board Chairman to submit a letter of explanation to the Governor on the SFWM District's o refusal to maintain the Picayune roadways. o c a) Meeting Date: 11/15/2016 .2 a) co L.c 0 Prepared by: m Title: Operations Analyst, Senior—Administrative Services Department ii Name: Bendisa Marku 11/02/2016 1:56 PM as N Submitted by: ai Title: Department Head-Administrative Svc—Administrative Services Department a0i Name: Len Price c 11/02/2016 1:56 PM > ct a) to 7 Approved By: o a) Review: E `o r Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/02/2016 2:46 PM Q A r Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 11/02/2016 4:13 PM 0 O County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/03/2016 8:08 AM U 46 U County Manager's Office Level 4 County Manager Review Pending i) 6 Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM N M N D7 C a+ N E to ti (la a) N W c 8— t d E t o asa Packet Pg.116 10.A.a 11/15/2016 EXECUTIVE SUMMARY Reconsideration of Agenda Item 10A from the September 27,2016 BCC Meeting to direct County Attorney to use any necessary legal recourse to enforce the Board of County Commissioner's 2003 agreement with the South Florida Water Management District mandating all roads in the Picayune -a Strand State Forest are to remain open for free public access to the preserve and to authorize the Board Chairman to submit a letter of explanation to the Governor on the SFWM District's refusal m to maintain the Picayune roadways. a) 0 OBJECTIVE: To ensure the Picayune Strand State Forest roadways remain open to the public as ami outlined in a 2003 legal agreement between the South Florida Water Management District and Collier County and to notify the Governor how the roadways have been submerged under water with the re- N flooding of the area. z a) CONSIDERATION: On September 24, 2003, the Board of County Commissioners approved an agreement between the Board of Trustees of the Internal Improvement Trust Fund, South Florida Water Management District and Collier County to vacate certain rights of way within the Southern Golden Gate Estates and adjacent state-owned lands. The Board approved this agreement 4/1. In the agreement N conditions were outlines for restoring natural surface water flow in the Southern Golden Gate Estates including the Picayune Strand State Forest as part of the Everglades Restoration project. The executive summary read, "The State of Florida in conjunction with the South Florida Water Management District has agreed to a number of conditions in the event these roads are vacated, most importantly of which is the continued maintenance of a number of these roadways to as to provide historical access to all property owners who might be affected. Another condition agreed to by the State and SFWMD provides for continued access and maintenance of all FPL, Sprint, and Lee County Electric facilities currently located within these road rights of way." (See Agenda Item 8-I-9-23-030000.pdf in backup) q The agreement is a binding agreement and SFWMD has notified the County it does not intend on maintaining the roadways as outlined in the 2003 agreement. Therefore, it is necessary for the Board of County Commissioners to notify the Governor of the roadways issues caused by the Everglades Restoration Project in the Picayune Strand State Forest and to seek legal recourse against SFWMD to L ensure the flooded roadways are maintained and remain open to the public as previously agreed upon. FISCAL IMPACT: Unknown at this time. GROWTH MANAGEMENT IMPACT: a) a) w LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to E form and legality, and requires majority vote for approval. -JAK r. RECOMMENDATION: Direct County Attorney to use any necessary legal recourse to enforce the a' Board of County Commissioner's 2003 agreement with the South Florida Water Management District w mandating all roads in the Picayune Strand are to remain open for free public access to the preserve and to c authorize the Board Chairman to submit a letter of explanation to the Governor on the SFWM District's refusal to maintain the Picayune roadways. p PREPARED BY: Commissioner Tom Henning t6 Q+r Packet Pg'.114 10.A.a _ 11/15/2016 ATTACHMENT(S) c 1.Agenda Item 8-I-9-23-030000 (PDF) tj 2.Agenda Item 10-K-9-23-030000 (PDF) 3.Documents 09_23-24_2003 R (PDF) ea 4�. O Y y 01 L cc d cn 0 Q v d L_ al 4.0 v- 44. N iu O 4.; Q Packet Pg. 115 Wa ter Resources Advisory Commission Meeting October 6, 2016 Janet Starnes, Principal Project Manager Everglades Policy and Coordination Division Picayune Strand Restoration Project Update Background §Golden Gate Estates was originally designed as the largest suburban development in the country §Golden Glade Estates was created in the 1960s §Four major canals very effectively drained the area, resulting in an altered ecosystem 2 Picayune Strand Restoration Project §Purpose •Restores pre-drainage watershed flow pattern to a sheet flow condition •Restores upland/wetland habitat in watershed •Increases groundwater levels •Restores habitat for endangered/threatened species (panther, woodstork) •Restores freshwater flows to estuaries •Provides for better fire management 3 Project Features §Three pump stations •Merritt –810 cfs •Faka Union –2650 cfs •Miller –1250 cfs §Plugging 42 miles of canals §Removing 285 miles of roads §Removing 62 miles of tram roads §Protection features for adjacent lands §Manatee mitigation feature 4 1250 CFS 2650 CFS 810 CFS Prairie Canal Restoration 5 Prairie Canal March 2016 Prairie Canal, Summer 2008 Southern End of Plugged Prairie Canal, 2016 Prairie Canal, March 2016 Prairie Canal Plugging, Circa 2004 Prairie Canal Phase §Prairie Canal plugging was completed 2007 §7 miles of canal was plugged §All roads east of Merritt Canal were degraded to natural grade §Stewart Boulevard was left at the existing grade §Culverts installed at 3 locations on Stewart Blvd. between Patterson Blvd. and Prairie Canal §Culverts installed at 3 locations on Janes Scenic Drive 6 Merritt Canal Phase §Construction Complete –September 2014 §Canal Plugging – November 2014 –June 2015 §Operational Testing and Monitoring Period - October 2014 to June 2016 §Transfer to SFWMD - June 2016 §Pump station fully operational 7 Merritt Pump Station & Spreader Basin Merritt Spreader Basin Merritt Canal Phase §10 miles of canal was plugged §All roads east of Faka Union Canal were degraded to natural grade §Stewart Boulevard was left at the existing grade §Culverts installed at 11 locations on Stewart Blvd. between Faka Union Canal and Patterson Blvd. §Berson Ave. (52nd Ave.) was closed during construction from Faka Union Canal to the eastern end of Berson Ave. – is now open to the public §5 miles of canal still to be plugged at southern end east of Faka Union Canal 8 Faka Union Pump Station §Construction Complete - December 2015 §Operational Testing and Monitoring Period -January 2016 to December 2016 §Tr ansfer to SFWMD - January 2017 §Canal Plugging -March 2020 9 Faka Union Pump Station Faka Union Pump Station –Intake Area Faka Union Canal Phase §8 miles of canal will be plugged §All roads east of Miller Canal to the west bank of the Faka Union Canal were degraded to natural grade §Everglades Boulevard was left at the existing grade §Culverts installed at 11 locations on Everglades Blvd. between 94th Avenue and Stewart Blvd. §Culverts installed at 8 locations on Stewart Blvd. between Everglades Blvd. and Faka Union Canal §Berson Ave. (52nd Ave.) was closed during construction from Faka Union Canal to the eastern end of Berson Ave. – is now open to the public 1 0 Miller Pump Station §Contract Award (USACE) - September 5, 2013 §Notice to Proceed (USACE) - November 2013 §Construction Complete -August 2017 §Operational Testing and Monitoring Period -one-year duration following completion of construction §Transfer to SFWMD -TBD §Miller Road Removal -Earliest March 2017 §Canal Plugging -March 2020 11 Miller Pump Station, September 2016 Miller Pump Station, Au gust 2016 11 Miller Canal Phase §11.5 miles of canal will be plugged §55 miles of roads and remaining trams west of Miller Canal to the western boundary of the “South Blocks” will be degraded to natural grade –March 2018 to February 2019 §Miller Boulevard will be left at the existing grade from Berson Avenue south to 82nd Avenue §Everglades Boulevard is closed during construction of the Miller Pump Station –anticipate opening to public access in Fall 2018 §Alternate route is down Miller Blvd. to Stewart Blvd. 1 2 Manatee Mitigation Feature §South of Port of the Islands on the western bank of Faka Union Canal §Mitigates for effect on warm water refugium in Port of the Islands §Construction Start –April 2015 §Construction Complete – April 2016 §Long-term monitoring to determine effectiveness 13 Manatee Mitigation Feature Southwestern Protection Feature §Southwestern corner of project impact area §Provides flood protection for existing agricultural and residential properties §Construction Start – October 2018 §Construction Complete – February 2020 14 Current Status of Hydrologic Restoration 15 Current Recreational Opportunities §Picayune Strand State Forest is open to public access in all areas east of the Faka Union Canal, west of Miller Canal and south of Stewart Boulevard §Berson Avenue, Miller Boulevard and Stewart Boulevard are open to licensed vehicles as road conditions allow §Wildlife Management Area with active hunting (per the Florida Wildlife Commission regulations) is open east of Faka Union Canal §Non-motorized use of the levees is allowed –horseback, cycling, walking §Everglades Boulevard is closed during construction of the Miller Pump Station –anticipate opening to public access in Fall 2018 §Alternate route is down Miller Blvd. to Stewart Blvd. 1 6 Merritt Canal Restored “…hard to recognize, but there used to be a canal somewhere in the foreground.” Merritt Canal Plugged November 2015 41, 10.A.c C641"ler County c Office of the County Manager o U 48 MEMO Ti ra 0 m Date: November 8,2016 U w To: Board of County Commissioners aa) 0 w From: Leo E.Ochs,Jr.,County Manager 0 0 Subject: Picayune Strand Restoration Supplemental Information o L Ta a) _0 Commissioners, u`) N ai Please accept the following information and attached Power Point created by the South Florida i Water Management District(SFWMD)for your consideration as part of the backup for Item 10A. >, c • On October 21,2016,the County Manager met with Peter Antonacci,Executive Director 0, of the SFWMD,to discuss the status of the Picayune Strand restoration project and the o C concerns expressed by the Board about public access.Mr.Antonacci explained that the y, project was ongoing and would not be completed for several more years. He extended an c 1 offer to allow us to participate in ongoing discussions with the Department of Forestry as o they develop the final management plan and stated that the SFWMD was committed to :t public access. • On October 28,2016,David Wilkison,GMD Department Head,participated in a a conference call with SFWMD and Forestry to discuss public access and identified U himself as the point of contact for future discussions as they develop the management 0 plan. During the meeting,the group discussed that: p 3 o The restoration project is not anticipated to be completed until the spring of M 2020. o The primary roads identified for access would be made available post restoration. c N o The Picayune Strand State Forest restoration lands will be available to the 10 public. m o There will be intervals during the next four years where roads will be closed .0 during construction and for maintenance activities. o The final management plan is still being developed while they work through the o z short term and long term responsibilities of SFWMD and Forestry. a) c a Staff intends to continue to participate with the SFWMD and Forestry during the development of 0 the management plan and will be available to answer questions during your deliberation of this 'n. item. •' c a) E 1 VR, c 1 Leo ° Q Packet Pg. 134 1