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Agenda 10/24/2017 Item #11D10/24/2017 EXECUTIVE SUMMARY Recommendation not to proceed with construction of an Off-Highway Vehicles (OHV) Park at the Immokalee Regional Airport due to prohibitive project development cost projections and to re- institute a modified version of the “Tickets to Ride” program for Board consideration. OBJECTIVE: To provide opportunities for OHV enthusiasts to ride their vehicles using funds from the 2011 South Florida Water Management District (SFWMD) settlement agreement. CONSIDERATIONS: In 2011, Collier County and the SFWMD entered into a Settlement Agreement wherein the SFWMD paid Collier County $3M to dispose of litigation arising out of a 2003 Agreement between the parties in which the SFWMD was to convey 640 acres to Collier County for recreational all terrain vehicle (ATV) use. An ATV is a type of Off Highway Vehicle (OHV). In 2012, The Board created the Collier County ATV Park Ad Hoc Committee with the issuance of Resolution No. 2012-110 to research potential opportunities for OHV use in Collier County. T he 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. On March 22, 2016, based on the Committee’s recommendation, the Board directed staff to explore the use of the Immokalee Airport for a potential location for riders and to conduct an environmental study on the lands identified for OHV use (Agenda Item# 16D8). A feasibility analysis was conducted for the project, which included a preliminary site review to document existing site conditions within the project site and attending pre-application meetings with the environmental permitting agencies to determine the feasibility of obtaining environmental permits for the proposed project. The project was deemed permittable by these agencies. Within the airport property, there is an “Area Reserved for Future Non-Aviation Development” and an “Area Reserved for Future Aviation Development.” The Parks and Recreation Division understands that if a future aviation development were proposed, the property must be returned to an aviation use in the required time period per FAA regulations (see attached correspondence from FAA). The Parks and Recreation Division hired RWA to design a conceptual plan for the airport site to determine the parameters related to the improvements required to support recreational ATV use at t he airport. Part of this strategy was also to attempt to minimize affecting the Secondary Panther Zone, which would drive upward mitigation costs associated with the project. RWA as part of this contract, subcontracted with Passarella and Associates to approach the US Fish and Wildlife Service with this conceptual plan to determine mitigation costs further. US Fish and Wildlife confirmed the entire area would be impacted thus subject to the panther mitigation requirements. It is estimated that costs associated with panther mitigation would be from $2.5M to $3.6M alone. Associates). Also, as part of this discussion, the Parks and Recreation Division provided a preliminary operating budget associated with the project. The current proposal shows an anticipated cost recovery of 84% (see table below). 11.D Packet Pg. 158 10/24/2017 Elements Year 1 Year 2 Year 3 Year 4 Year 5 Personnel Costs $(409,000) $(419,225) $(429,705) $(440,448) $(451,459) Operating and Maintenance $(247,850) $(260,242) $(273,255) $(286,917) $(301,263) Capital Outlay $(125,000) N/A N/A N/A N/A Investment Costs $(3,000,000) N/A N/A N/A N/A Total Operating Costs $(3,781,850) $(679,467) $(702,960) $(727,365) $(752,722) Minus New Revenues $409,000 $409,000 $409,000 $409,000 $409,000 Remittance to the Immokalee Airport $(73,350) $(73,350) $(73,350) $(73,350) $(73,350) Net Revenues $335,650 $335,650 $335,650 $335,650 $335,650 Net Operating Cost/Revenue $(3,446,200) $(343,817) $(367,310) $(391,715) $(417,072) New Personnel 2 2 2 2 2 Finally, with permitting and design costs estimated at $3.6M to $3.9M, capital construction is anticipated to be in the $3M range for a total anticipated project cost of $6.6M to $6.9M. The project currently has a little over $3M available. Grant funds are another way to subsidize the effort and can be pursued through the T Mark Schmidt and Recreational Trails grant opportunities identified by the State of Florida. However, to pursue those funds, a long-term agreement must be solidified by the Board for the use of the Airport lands of approximately 25 years. Since 2003, efforts from the Board and SFWMD have attempted to locate a suitable place for enthusiasts who used to enjoy the “south blocks” associated with Picayune Strand State Forest. Several efforts, both to locate leased and purchased lands have not resulted in a suitable location. Locating land within the confines of the budgeted amount available present a challenge as land costs, permitting, and construction costs have escalated since 2003. While the Immokalee Airport site could be potentially developed, it would be with considerable expense and permit requirements. Ad Hoc Committee Recommendations: The OHV Ad Hoc Committee met on October 12, 2017 and voted 4-0 to: 1. Recommend to the Board to accept the report regarding the Immokalee Airport site and continue to pursue developing the site as an ATV Park. 2. Continue to the duties of the Ad Hoc Committees until a suitable location is found for OHV enthusiasts. 3. Re-institute the “Tickets to Ride” program after reviewing the parameters of the program and making needed improvements before its implementation. Staff respects and appreciates the diligent, persistent work of the Ad Hoc Committee and their desire to move forward with developing the Airport site. That said, staff does not concur with that recommendation due to the prohibitive cost to develop the site coupled with the knowledge that the FAA could reclaim the land for aviation purposes at any time in the future. FISCAL IMPACT: Currently, there is $3,016,261.52 remaining from the settlement fund, with interest accruing on the principal. This interest is being kept within the same cost center and used as revenue for the program. GROWTH MANAGEMENT IMPACT: There is no growth management impact. 11.D Packet Pg. 159 10/24/2017 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Advisory Committee approval. - JAB RECOMMENDATION(S): Staff recommendations include: 1. Accept the report provided regarding the OHV Park at Immokalee Airport. 2. Do not proceed with plans to construct an OHV park at the Immokalee Airport. 2. Convene the Ad Hoc in the future on an “as needed” basis to evaluate any potential properties that may be identified for purchase. 3. Bring back a separate agenda item to re-institute a modified version of the “Tickets to Ride” program. Prepared by: Barry Williams, Division Director, Parks and Recreation Division ATTACHMENT(S) 1. OHV Concept Plan Immokalee Airport (PDF) 2. Exhibit 4 Aerial w-Boundary Panther Zones (PDF) 3. Figure 2 ATV Recreational Park Boundary and FLUCFCS (PDF) 4. Figure 1 Aerial with Airport-UMA-ATV Park Boundaries (PDF) 5. FAA Email (DOCX) 11.D Packet Pg. 160 10/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doc ID: 3940 Item Summary: Recommendation not to proceed with construction of an Off-Highway Vehicles (OHV) Park at the Immokalee Regional Airport due to prohibitive project development cost projections and to re-institute a modified version of the “Tickets to Ride” program for Board consideration. (Barry Williams, Director, Parks and Recreation Division) Meeting Date: 10/24/2017 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 10/13/2017 3:01 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 10/13/2017 3:01 PM Approved By: Review: Parks & Recreation Barry Williams Additional Reviewer Completed 10/13/2017 3:02 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/13/2017 3:31 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/13/2017 6:46 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 10/16/2017 8:06 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/16/2017 11:40 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/17/2017 2:51 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/17/2017 2:59 PM Budget and Management Office Ed Finn Additional Reviewer Completed 10/17/2017 4:08 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/17/2017 4:08 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/17/2017 4:45 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM 11.D Packet Pg. 161 SAND PITPICNICAREAMAINTENANCEAREAUTVTRACKBEGINNERSTRACKMOTOCROSSTRACKROCKYTRAILADVANCEDTRAILPEE WEETRACKAREA ENTRY/EXITSTATIONFIELD FOR OPEN RIDING/OVERFLOW PARKINGPARKING PARKINGAREAPARKINGAREAPARKINGAREAOFFICESRESTROOMSONE WAY TRAILSMUDAREARVPARKINGLAKEFeet0300600TITLE:CLIENT:PROJECT:PROJECT NO.:6610 Willow Park Drive, Suite 200Naples, Florida 34109(239) 597-0575 FAX: (239) 597-0578www.consult-rwa.comFlorida Certificates of AuthorizationEB 7663 LB 6952FILE NAME:IMMOKALEE REGIONAL AIRPORTATV PARKCOLLIER COUNTY CONCEPT PLAN130063.00.301300630030 CONCEPT PLAN11.D.1Packet Pg. 162Attachment: OHV Concept Plan Immokalee Airport (3940 : Off Highway Vehicles (OHV) Park at Immokalee Airport) D.B.K.S.S.J.REVISIONS7/1/167/1/16DATEDATE7/1/16DATEDRAWING No.SHEET No.16CCG2468DATESCALE: 1" = 300'13620 Metropolis AvenueSuite 200Fort Myers, Florida 33912Phone (239) 274-0067Fax (239) 274-0069DRAWN BYDESIGNED BYREVIEWED BYIMMOKALEE REGIONAL AIRPORT ATV PARKEXHIBIT 4AERIAL WITH BOUNDARY AND PANTHER ZONESRevised legend8/29/1611.D.2Packet Pg. 163Attachment: Exhibit 4 Aerial w-Boundary Panther Zones (3940 : Off Highway Vehicles (OHV) Park at Immokalee Airport) `)12*'44+&)'4&`+//1-#.'' 4')+10#. #+42146 +//1-#.'' 4')+10#. #+42146 +//1-#.'' 4')+10#. #+42146 #68 4'%4'#6+10#.2#4-                        ,>>EEI>>ÄÄ/GGVKPI>(KIWTG#684GETGCVKQPCN2CTM$QWPFCT[CPF(.7%(%5FYI6CD:Ä%6$,WNÄCO2NQVVGFD[&QP$D.B. K.S. S.J. REVISIONS 7/1/16 7/1/16 DATE DATE 7/1/16 DATE DRAWING No. SHEET No. 16CCG2468 DATE SCALE: 1" = 300' 13620 Metropolis Avenue Suite 200 Fort Myers, Florida 33912 Phone (239) 274-0067 Fax (239) 274-0069 DRAWN BY DESIGNED BY REVIEWED BY ATV RECREATION PARK AERIAL WITH BOUNDARY AND FLUCFCS MAP 016'5 #'4+#.2*161)4#2*59'4'#%37+4'&6*417)* 6*'%1..+'4%1706;2412'46;#224#+5'4ž5 1((+%'9+6*(.+)*6&#6'51(,#07#4; #0&,#07#4; FIGURE 2 .')'0& 5(9/&16*'4574(#%'9#6'45 11.D.3 Packet Pg. 164 Attachment: Figure 2 ATV Recreational Park Boundary and FLUCFCS (3940 : Off Highway Vehicles (OHV) Park at Immokalee Airport) #68 4'%4'#6+10#.2#4- +//1-#.'' 4')+10#. #+42146 +//1-#.'' 4')+10#. #+42146 722'4 /#0#)'/'06 #4'#722'4 /#0#)'/'06 #4'# 722'4 /#0#)'/'06 #4'# 722'4 /#0#)'/'06 #4'# 722'4 /#0#)'/'06 #4'#,>>EEI>>ÄÄ/GGVKPI>(KIWTG#GTKCNYKVJ#KTRQTVÄ7/#Ä#682CTM$QWPFCTKGUFYI6CD:Ä%6$,WNÄCO2NQVVGFD[&QP$D.B. K.S. S.J. REVISIONS 7/1/16 7/1/16 DATE DATE 7/1/16 DATE DRAWING No. SHEET No. 16CCG2468 DATE SCALE: 1" = 600' 13620 Metropolis Avenue Suite 200 Fort Myers, Florida 33912 Phone (239) 274-0067 Fax (239) 274-0069 DRAWN BY DESIGNED BY REVIEWED BY ATV RECREATION PARK 016'5 #'4+#.2*161)4#2*59'4'#%37+4'&6*417)* 6*'%1..+'4%1706;2412'46;#224#+5'4ž5 1((+%'9+6*#(.+)*6&#6'1(,#07#4; FIGURE 1 AERIAL WITH BOUNDARIES OF IMMOKALEE AIRPORT, UPPER MANAGEMENT AREA, AND ATV RECREATIONAL PARK 11.D.4 Packet Pg. 165 Attachment: Figure 1 Aerial with Airport-UMA-ATV Park Boundaries (3940 : Off Highway Vehicles (OHV) Park at Immokalee Airport) From: Krystal.Ritchey@faa.gov [mailto:Krystal.Ritchey@faa.gov] Sent: Monday, October 16, 2017 1:35 PM To: LobbJustin <JustinLobb@colliergov.net>; Pedro.Blanco@faa.gov Subject: RE: Immokalee Airport - ATV Concept Good afternoon Justin, I apologize for the delay in getting back to you on this proposed land use. As you are aware, the southern 2/3rds (approximate) of the land in question is designated as future aeronautical use. The northern 1/3 (approximate) is designated as non-aeronautical use. Grant Assurances 5b and 29 address changing the use of airport land from aeronautical to nonaeronautical use. 5b. [The sponsor] will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. 29.a.4 and b.- all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. For certain types of releases, FAA must provide the public an opportunity for notice and comment at least 30 days prior to approving the release request (typically through the Federal Register Notice), unless the use is an interim change of 5 years or less. We typically recommend month to month type leases of nonaeronautical uses on land that is designated as aeronautical use, however for a development of this size, a month to month lease may not be appropriate for the size and cost of the development. If the lease is less than 5 years, then you should follow the guidelines in the Compliance Manual chapter 22 paragraph 22.6. 11.D.5 Packet Pg. 166 Attachment: FAA Email (3940 : Off Highway Vehicles (OHV) Park at Immokalee Airport) Are you anticipating leasing the property for longer than a period of 5 years? If so, they you have to provide a formal request for concurrent use of aeronautical property for other uses. In this situation, no request for release is required, however if you are considering to use the land for recreational purposes, then you need to assess the potential applicability of section 4(f) of the DOT Act of 1966. (We want to ensure that this land will not be converted or presumed to become a park which could not be returned to aeronautical use.) If the lease is for longer than 5 years and you don’t anticipate an aeronautical need for this land over the next 50 to 100 years we would recommend requesting a release from the surplus property obligations to change the land use permanently from aeronautical to nonaeronautical or a complete release and disposal of the property. (See paragraph 22.16 of the Compliance Manual.) If the property has always been owned by the sponsor and has never been surplus property, then no release is required, simply an ALP update is required. Chapter 22 offers many answers to some of the nuanced situations that may be applicable to your airport. You may want to take a look at it to see exactly what you need to submit formally to us. https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/media/5190_6b_ chap22.pdf As a reminder, all development must be reviewed through iOEAAA for airspace compatibility prior to construction. -Krystal Krystal G. Ritchey, P.E. Program Manager FAA-Orlando Airports District Office T 407-812-6331 x 136 F 407-812-6978 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 11.D.5 Packet Pg. 167 Attachment: FAA Email (3940 : Off Highway Vehicles (OHV) Park at Immokalee Airport)