Agenda 09/10/2019 Item #6A (Public Petition - Wingate)09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 6.A
Item Summary: Public Petition request from Mr. Bill Wingate requesting that the Board of
County Commissioners discuss actions of Cope Lane Water Management.
Meeting Date: 09/10/2019
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
08/30/2019 2:14 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
08/30/2019 2:14 PM
Approved By:
Review:
County Manager's Office Leo E. Ochs County Manager Review Completed 09/03/2019 9:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
6.A
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Office of the County Manager
Leo E. Ochs, Jr.
Re
3299 Tamiami Trail East, Suite 202 . Naples Florida 34112-5746 ' (239) 252{383 . FAI(: (239) 2524010
August 29, 2019
Mr. Bill Wingate
5855 Cope Lane
Naples FL 341 12
Public Petition request from Mr. Bill Wingate requesting that the Board of County
Commissioners discuss actions of Cope Lane Water Management.
Dear Mr. Wingate:
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of September 10, 2019 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to one speaker for no more than ten
minutes. Please be advised that the Board will take no action on your petition at this meeting. However,
your petition may be placed on a future agenda for consideration at the Board's discretion. Ifthe subject
matter is currently under litigation or is an on-going Code Enforcement case, the Board will hear the item
but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to
advise them ofyour concem and the need for action by the Board at a filture meeting. Please be prepared
to respond to inquiries by Board members.
The meeting will begin at 9:00 a.m. in the Board of County Commission Chambers, Collier County
Govemment Center, 3d Floor, W. Harmon Tumer Building (Building "F"), 3299 Tamiami Trail East,
Naples, FL 341 12.
Ifyou require any further information or assistance, please do not hesitate to contact this office.
Sincere
Michael Cox
Administrative Services Manager
Jeff Klatzkow, County Attomey
Thaddeus Cohen, Growth Management Department Head
6.A.a
Packet Pg. 57 Attachment: Public Petition_Bill Wingate_Sept 10, 2019 (10013 : Public Petition Bill Wingate)
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PROCEDURE TO PETITION THE BOARD OF COUNTY COMMISSIONERS
Public Petitions are limited to a single speaker, with a maximum time of ten
minutes. Generally, the Board will not take action on public petition items on the
day the petition is presented, but ma y direct staff to take action, or bring back the
item to the Board at a future date for consideration. If the subject matter is
currently under litigation or is an on -going Code Enforcement case, the Board will
hear the item but will not discuss the item after it has been presented.
The County Manager may defer scheduling a public petition for a reasonable
period to allow sufficient time for staff to review the content and thus prepare for
questions from the Board.
Individuals wishing to petition the Board of County Commissioners should present
such a request to the County Manager a minimum of 13 days prior to the Board
meeting date on which the public petition is requ ested to be heard. The request
should be written on the following form and include any exhibits and/or backup
material that may be pertinent to the petition.
It should be noted that your request and all materials submitted will become public
record and will be retained for that purpose.
Public Petition requests should be mailed or delivered to:
Collier County Manager Leo Ochs
c/o Mike Sheffield, Director, Communications
3299 Tamiami Trail East, suite 102
Naples, FL 34112
Or emailed to: Mike.Sheffield@CollierCountyFl.Gov
The County Manager will review your request and determine if the Board of County
Commissioners has the ability to legally act upon the action you are requesting.
Final determination of this request is at the discretion of the County Manager’s
office.
Please direct all questions to Mike Sheffield at 239 -252-8569.
The County Manager’s office will notify you via mail of the status of your request.
6.A.b
Packet Pg. 58 Attachment: Public Petition Request Cope Ln 8 26 19 (10013 : Public Petition Bill Wingate)
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Request to Speak under Public Petition
Please print
Name: BILL WINGATE AND RESIDENTS OF COPE LN NAPLES , FL____
Address:__5855 COPE LN NAPLES FL 34112
_________________________________________________________
Phone: _2398601241____________
Date of the Board Meeting you wish to speak: _____09-10-2019____________
Must indicate Yes or No:
Is this subject matter under litigation at this time? NO
Is this subject matter an ongoing Code Enforcement case? NO
Note: If either answer is “yes”, the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are requesting to speak (attach additional
page if necessary):
T he residents of Cope Ln Naples, Fl have been adversely affected by the
installation of the weirs erected on County Barn Rd and Santa Barbara Blvd
canals which both flow South. Specifically, the water level in which they are
all set by Collier County water mgmt. All the weirs are adjustable and all
weirs when closed cause each canal to the east and west of cope ln to rise to
the point they flow water into the drainage ditch of Cope Ln until our swales
are ¾ full which at this level saturates our road bed and our properties for
months! When minor 1” rains occur water is forced into our yards before our
water slowly begin to drain to the west over the County Barn Rd Weir to
where our swales are back to ¾ full state. This holds water in our entire ditch
without draining for many months. Crews rd ditch South of Cope Ln is not
draining due to the closed weirs on Santa Barbara canal and directing water
back NORTH into the south side of the properties on cope ln. This is causing
water to come into the back of our land against the natural water flow which
6.A.b
Packet Pg. 59 Attachment: Public Petition Request Cope Ln 8 26 19 (10013 : Public Petition Bill Wingate)
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should flow south and west! No one, not even government is permitted to
direct water back on a private land upland against the natural flow of water.
Florida Law prohibits this act.
Cope Ln runs East and West between two canals that have natural water flow
from north to south on County Barn Rd and Santa Barbara Blvd. The closed
weirs just south of Cope Ln on each side extends periods of full swales on
our street which saturate into our yards for months on end. All residents on
Cope Ln have wells and septic systems, None of us need saturated yards
from June to November. T he high water table the county is forcing on our
swales is also damaging the Asphalt on Cope Ln. by saturating our road bed.
We are developing sinkholes!! We have little runoff for months, and we have
all complained about in previous 4 years with this board after this County
Barn Rd weir was erected.
We should never be forced to take this type action year after year after year
against people that are paid to serve our best interests!
Please explain in detail the action you are asking the Commission to take (attach
additional page if necessary):
We want the Board to take action today and direct county employees in
charge of these weirs to lower them today, and maintain a water elevation in
the canals East and West of Cope Ln below our east and west water flow
exits on Cope Ln; This will keep the water elevation in our swales from
breaching into our yards and saturating our asphalt road bed. And under no
circumstance should the county be permitted to restrict our drainage rights,
nor should they be permitted to divert water back onto an upstream
property! Which is what Water Mgmt is doing to the East and South of Cope
Ln. with the closed weirs on Santa Barbara Blvd.
T he Collier County Lake on the NW end of Cope ln discharge drain into the
County Barn Rd canal shall never be set above the bottom elevation of the
North West drainage ditch on Cope Ln. that flows into the lake. This is the
ditch that receives over flow from the Unity Church lake into our small ditch.
6.A.b
Packet Pg. 60 Attachment: Public Petition Request Cope Ln 8 26 19 (10013 : Public Petition Bill Wingate)
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The current elevation of the county lake is slowing the flow out of our north
ditch and allowing schools of fish to swim into our entire drainage ditch.
This creates a mess year after year when the ditches dry up and all the
marine life is stranded to die and rot in our swales.
FURTHER EXPLAINAT ION FOR THIS ACTION;
The North side of Cope Ln takes on overflow from the community of Falling
Waters. County weirs are not permitting the private property owners on Cope
Ln to pass this water unobstructed down to the next with the flow of the
swales. This is in violation of our common law drainage rights. Florida
drainage law states a lower land owner is obligated to receive surface water
received on adjoining higher land and pass it down, not even public
authority can stop flow or re direct it on the upstream property and this is
exactly what Collier County is doing to the residents of Cope Ln. especially
when it exacerbates a flooding issue we already have on Cope Ln without
outside interference. Collier County is diverting water from our South side of
cope ln, and is diverting water North via drain pipe against natural flow
directly into our east ditch instead of allowing water from outside
communities and stretches of Santa Barbara Blvd from our north and east to
flow south into the Santa barbara Blvd canal thru their pipe in which it is
connected!
Developments are erecting all around us. Cope Ln has been here almost 50
years, decades before any of these PUD’s around Cope Ln. We have all the
water we can handle year round on our own and do not need collier county
stopping any of our water flow out that we take from northern PUD’s with the
weirs to our east or west which floods our properties, and damages our
asphalt road. It has been documented for years with this board.
In close; These weirs have been lowered in past years so the water level is
below our ditch line, with no ill effect to any community south of Cope Ln!
Even w hen the weirs are lowered our ditch still holds plenty of water due to
our low elevation and the constant flow we receive from northern PUD of
6.A.b
Packet Pg. 61 Attachment: Public Petition Request Cope Ln 8 26 19 (10013 : Public Petition Bill Wingate)
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falling waters and unity church we pass south in perpetuity, so there is no
excuse for the county to add additional water to our street or force us to
retain water on our street. There is no reason these weirs cannot stay at the
elevation the property owners on Cope Ln are requesting.
Respectfully,
Property Owners of Cope Ln
6.A.b
Packet Pg. 62 Attachment: Public Petition Request Cope Ln 8 26 19 (10013 : Public Petition Bill Wingate)