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Agenda 03/12/2013 Item #16K1 3/12/2013 16.K.1. EXECUTIVE SUMMARY Recommendation to adopt a Resolution extending the existence of the Collier County ATV Park Ad Hoc Committee for 12 additional months. OBJECTIVE: To adopt a resolution extending the existence of the ATV Park Ad Hoc Committee for 12 additional months from its current sunset date of June 12, 2013. CONSIDERATIONS: During the February 26, 2013 Board of County Commissioners meeting (item number 11F), the Board received a progress report from the Collier County ATV Park Ad Hoc Committee. During the discussion the chairman of the committee, Joseph Pelletier, requested that the Board extend the existence of the committee for 12 additional months. By unanimous vote this request was approved by the Board, to allow the committee time to continue exploring opportunities to establish an ATV Park. Resolution Number 2012-110, which was adopted on June 12, 2012, created the Collier County ATV Park Ad Hoc Committee, and provided for an automatic sunset date of one year from the date of the resolution "unless extended by Resolution of the Board." The attached proposed resolution formalizes the will of the Board as expressed by its vote at the last meeting. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Resolution was drafted by the County Attorney, is legally sufficient, and requires majority support for approval. -JAK RECOMMENDATION: That the Board of County Commissioners adopt the proposed Resolution extending the existence of the Collier County ATV Park Ad Hoc Committee for 12 additional months. SUBMITTED BY: Jeffrey A. Klatzkow, County Attorney 05-COA-01253/738 Packet Page -2010- 3/12/2013 16.K.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to adopt a Resolution extending the existence of the Collier County AN Park Ad Hoc Committee for 12 additional months. Meeting Date: 3/12/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 2/27/2013 3:01:06 PM Approved By Name: KlatzkowJeff Title: County Attorney Date: 2/27/2013 4:04:31 PM Name: GreenwaldRandy Title:Management/Budget Analyst,Office of Management&B Date: 2/28/2013 10:24:29 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 3/1/2013 2:54:17 PM Packet Page-2011- 3/12/2013 16.K.1. RESOLUTION NO.2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXTENDING THE SUNSET DATE OF THE COLLIER COUNTY ATV PARK AD HOC COMMITTEE FOR 12 ADDITIONAL MONTHS. 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, on June 12, 2012, the Board of County Commissioners adopted Resolution No. 2012-110, which established an ATV Park Ad Hoc Committee to assist the Board in identifying lands suitable for an ATV Park; and WHEREAS, Section Five of Resolution No. 2012-110 states that "Unless extended by Resolution of the Board, this Committee shall automatically sunset without further action one year from the date of this Resolution"; and WHEREAS,during the February 26,2013 meeting under item number 11F,the Board of County Commissioners by unanimous vote agreed to extend the existence of the ATV Park Ad Hoc Committee for an additional twelve months. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNIISSIONERS OF COLLIER COUNTY,FLORIDA,that the Collier County ATV Park Ad Hoc Committee shall be extended for an additional 12 months from its original sunset date, and unless further extended by Resolution of the Board, shall automatically sunset without further action on June 12,2014. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk GEORGIA A.HILLER,ESQ. CHAIRWOMAN E Ap; iov=j . .-,.;. and - s` ciency: t Itilihh`k Aft Je'let` A. . v ow County 1orney Packet Page-2012- 3/12/2013 16.K.1 . 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. Packet Page-2013- 3/12/2013 16.K.1. 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 Packet Page-2014- 3/12/2013 16.K.1 . 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 12A-1n day of Z C-. , 2012. ATTEST';, t''SF BOARD OF COUNTY COMMISSIONERS .s ••......, +fit+ DWIG T E..BR ?'C LERK COLLIER COUNTY, FLORIDA itik .1 •i. 1 k FRED W. COYLE, CHAI At i, asto" .,. ei 4i91latrr ia•i APPr• ;e. .;: ti orb and 1:ta,1 s -ncy: it .ik1I tom∎ Jeffrey • . I .tzkow County •tt o ey 3 Packet Page-2015-