Agenda 09/13/2016 R Item #11A x`
09/13/2016
EXECUTIVE SUMMARY
Recommendation to consider the options regarding the settlement of the dispute between the City
of Marco Island and Collier County over the responsibility, need, and timing of improvements to
County Road 92A (Goodland Drive); and provide direction to the County Manager and County
Attorney. (Nick Casalanguida,Deputy County Manager)
OBJECTIVE: To explore options and provide direction to the County Manager and County Attorney
after considering the dialogue between the executive managers of Collier County and the City of Marco
Island.
CONSIDERATIONS: The ownership and responsibility for the maintenance of Goodland Drive was
transferred to the City of Marco Island in 2002 through an interlocal agreement recorded in OR book
3095 page 2878.As part of that agreement,the County agreed to transfer$1,000,000 each year to the City
for a period of 15 years for the safe operation and maintenance of Goodland Drive and other former
County roadways assumed by the City.There is a balance of$2,000,000 remaining in that obligation.
The condition of the road and the need for improvements have been a point of contention since the
transfer was made.The roadway has continued to degrade as water infiltrates the base layer and routinely
tops the asphalt layer. On December 2, 2014, the County and the City held a joint workshop to discuss
matters of common interest. The status of Goodland Drive was a principal topic during that workshop.
/-� Since that workshop,a defmitive funded improvement plan has not been developed.
On May 24, 2016, the Board approved Item 11C, which authorized the Chairman to send a letter to the
Marco Island City Council requesting that the City and the County develop a joint plan for the
improvement of Goodland Drive before releasing any more funding. On June 10, 2016, the City
responded to the County's proposal with a counter proposal which included transferring the road back to
the County and potentially forsaking the remaining funds due in the interlocal agreement. The letter
indicated that the City Council was "willing to come to the table to discuss renegotiating the current
interlocal agreement." On June 14, 2016, the Board directed the County Manager to work directly with
the Marco Island City Manager to negotiate a potential solution.
On July 15, 2016, the managers met to discuss the current situation and options that they felt might be
acceptable to their respective elected bodies. The County Manager suggested that the Board may be
receptive to taking back the road so long as both elected bodies agreed to make the road their highest
priority for grants and any existing and future funding allocated through the Metropolitan Planning
Organization(MPO).This would mean that other City and County projects sponsored by the MPO would
be deferred until CR 92A was fully funded. The City Manager expressed that he did not believe the
Council would be amenable to reprioritizing MPO funds to this project.
It is difficult to fully estimate the cost of improving the road without going through preliminary design
and permitting. The design, permitting, mitigation, if any, and construction inspection has been roughly
estimated between 4.5 and 6 million dollars. As the ownership currently exists,the County is responsible
for approximately 10%of these costs.
The road is continuing to deteriorate and flood on a regular basis. Under the current agreement, the City
has the responsibility to operate and maintain the majority of the road, along with the associated liability.
09/13/2016
The County has already committed to participate in the rehabilitation and budgeted sufficient funds to
reconstruct portion of the road.
Considering prior direction from the Board and based on recent discussions with the City Manager, Staff
has identified the following options for Board consideration:
1. Continue to withhold payment until the City proceeds with the design and agrees to a joint
participation agreement with the County that fully funds the project proportionately paid by the
respective jurisdictions.
❑ In essence this is status quo and will most likely lead to a forced mediation or additional
discussions between the elected bodies.
2. That the County retake ownership of CR92A, accept the offer to apply the $2,000,000 in
remaining funds to the road, and assume the responsibility for project management. (City
Proposal)
❑ Even with applying the $2,000,000 in remaining funds, this option increases the
County's financial upside exposure approximately tenfold to four million dollars.
❑ The County would become the project sponsor.
❑ A joint participation agreement would be needed to establish the details of the
transaction.
3. That the County retake ownership of CR92A after the road has been reconstructed, accept the
offer to apply the $2,000,000 in remaining funds to the road subject to a resolution jointly
prioritizing this project for grants and MPO funding; and assume the responsibility for project
management.(County Proposal)
Li This option prioritizes the project for grants and MPO funding and defers other projects
scheduled for the City and the County until this project is fully funded.
❑ The County would become the project sponsor.
❑ A joint participation agreement would be needed to establish the details of the
transaction.
If the collective will of the Board is to move expediently toward reconstructing the road with the least
fmancial impact to both parties,then staff would recommend option three. There is no firm commitment
from the City beyond option two at this time.
FISCAL IMPACT:None at this time
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -JAK
RECOMMENDATION: To consider the options regarding the settlement of the dispute between the
City of Marco Island and Collier County over the responsibility, need, and timing of improvements to
County Road 92A(Goodland Drive);and provide direction to the County Manager and County Attorney.
Prepared by:Nick Casalanguida,Deputy County Manager
ATTACHMENT(S)
1. Summary (PDF)
=If ' ' 6 xi.
11.A
09/13/2016
2.Recap 06142016 R (PDF)
3.June Summary (DOCX)
4.Response to Chairman Fiala June 16 (PDF)
5.Marco City Council-92A (DOCX)
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11.A
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Item Summary: Recommendation to consider the options regarding the settlement of the dispute
between the City of Marco Island and Collier County over the responsibility, need, and timing of
improvements to County Road 92A (Goodland Drive); and provide direction to the County Manager and
County Attorney. (Nick Casalanguida,Deputy County Manager)
Meeting Date: 09/13/2016
Prepared by:
Title: Executive Secretary to County Manager—County Manager's Office
Name: MaryJo Brock
09/07/2016 8:15 AM
Submitted by:
Title: County Manager—County Manager's Office
Name: Leo E. Ochs
09/07/2016 8:15 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2016 8:37 AM
Budget and Management Office Mark lsackson Level 3 OMB 1st Reviewer 1-4 Completed 09/07/2016 8:45 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2016 11:30 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/07/2016 3:43 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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11.A.a
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to send a letter to the Marco Island City
Council requesting clarity on the funding, timing, and scope for the Goodland Drive (92A)
roadway improvements.
OBJECTIVE: To move forward with a fully funded, well-planned, and coordinated effort to
provide safe access and egress to the Goodland residents.
CONSIDERATIONS: The ownership and responsibility for the maintenance of Goodland
Drive was transferred to the City in 2002 through an interlocal agreement recorded in OR book
3095 page 2878. As part of that agreement, the County agreed to transfer $1,000,000 a year to
the City for a period of 15 years for the maintenance of Goodland Drive and other former County
roadways maintained by the City. There is a balance of$2,000,000 remaining in that obligation.
The condition of the road and the need for improvements have been a point of contention since
the transfer was made. The Goodland residents and the County believe that the intention of the
agreement was to prioritize Goodland Drive and allow the remaining funds to be discretionary.
The meeting minutes from the adoption of the agreement, correspondence between staff, and a a
recent review by Councilman Honig all referenced a commitment toward improving Goodland a
Drive.
C7
In 2007, the City hired the engineering firm of Kimley-Horn and Associates to develop co
preliminary plans for the roadway improvement. The plans indicated that the road would need to °-)
be raised several feet to provide a base that would be above the water table and assure that tidal
influences and storm surges would not make the road impassible. The project was estimated at co
several million dollars and ultimately delayed indefinitely. E
cn
The roadway has continued to degrade as water routinely infiltrates the base layer and a
occasionally tops the asphalt layer. In 2014,the County hired the firm of CH2MHILL to evaluate
the road and confirm that the road should be raised and improved. In 2015, the City conducted a
hydrology study in order to provide additional supporting documentation for a complete design.
The original design by Kimley-Horn and Associates, the CH2MHILL evaluation, and FDOT
design criteria all identify that the road should be raised approximately two to three feet.
Goodland Drive is the only transportation facility that serves the residents of Goodland.
On December 2, 2014, the County and the City held a joint workshop to discuss matters of
common interest. The status of Goodland Drive was a principal topic during that workshop. All
participants agreed that improvements were needed but a commitment for funding and a detailed
scope was not mutually agreed upon. In FY 2015, the County transferred an additional
$1,000,000 to the City. The funds were not set aside for Goodland Drive.
The current estimate for a compliant roadway improvement is approximately $4,000,000,
inclusive of design, construction, and inspection. The County's share is approximately 10%. The
County staff is concurrently in the process of developing the preliminary FY 2017 budget and is
proposing to set aside $400,000 for this project. Over the past several months, the County and
the City have worked cooperatively to develop a scope for the Goodland Drive roadway --�
improvements. The solicitation for design services is currently being advertised and is expected
to close by the end of May.
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11.A.a
The City Manager has recently inquired as to the status of the first of two $500,000 payments
due to the City for FY 2016. To date, the City has not identified sufficient funds to complete
their share of this project. In order to move this project forward, it would be prudent to develop a
joint Project Management Plan (PMP) that is fully funded and an updated interlocal agreement
that would clearly articulate the commitments from both parties before the County
administratively releases the remaining $2,000,000. Specifically, staff is recommending that the
City and the County develop a joint PMP, establish a project specific escrow account, update the
interlocal agreement, and aggressively seek Federal and State grants to supplement this project.
FISCAL IMPACT: The County's funding for this project in the amount of $400,000 is
programmed within the Growth Management Department FY2017 capital budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. -JAK
RECOMMENDATION: That the Board of County Commissioners authorizes the Chairman to .c
sign and send the attached letter asking the City of Marco Island to work with Collier County to
develop a joint PMP and an updated interlocal agreement with a project specific escrow account
for the Goodland Drive roadway improvement prior to releasing additional funds.
0
Prepared by: Nick Casalanguida,Deputy County Manager
Attachments:
E
1. Draft Letter to the City cin
2. Interlocal Agreement in OR book 3095 page 2878
3. Meeting Minutes commitment from Councilman Minozzi E
4. Councilman Honig White Paper 5
5. CH2MHILL Report
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11.A.b
10. BOARD OF COUNTY COMMISSIONERS
Added (Per Agenda Change Sheet)
A. Recommendation to consider a proposal from the Marco Island City Council
to return County Road 92A(Goodland Drive) to Collier County's
jurisdiction and authorize the County Manager to further explore this option
with the Marco Island City Manager.
Motion to approve and bring back to the Board for further discussion—
Approved —5/0
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve the Collier County Housing Plan Project and
Stakeholder Charter, and approve a Resolution establishing a time limited ad
hoc Stakeholder committee to report to the Affordable Housing Advisory C5
as
Committee, and authorize the Chair to send a letter of invitation to each
Stakeholder entity to participate in the process of the Housing Plan o
Development. (Kim Grant, Community and Human Services Division
Director)
Resolution 2016-135 Adopted—4/0 (Commissioner Hiller absent)
12. COUNTY ATTORNEY'S REPORT 0
13. OTHER CONSTITUTIONAL OFFICERS fa-
Moved from Item #16I (Per Agenda Change Sheet) c
A. Miscellaneous Correspondence
Request to move item "Items to be Authorized by BCC for Payment"
from #16I1 to the part of the agenda "Other Constitutional Officers",
approve the items on this list that they serve a valid public purpose and
authorize the Clerk to pay per Judge Shenko's Order—Approved—5/0
Moved from Item #16J2 (Per Agenda Change Sheet)
B. To record in the minutes of the Board of County Commissioners, the check
number (or other payment method), amount, payee, and purpose for which
the referenced disbursements were drawn for the periods between May 12
to June 1, 2016 pursuant to Florida Statute 136.06.
Motion to accept the report—Approved 4/1 (Commissioner Hiller
opposed); Motion for the Board to accept for the County Manager to
review the 136.06 Disbursements for payments that are made and to --�
Page 5
June 14,2016
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11.A.c
EXECUTIVE SUMMARY
,.� Recommendation to consider a proposal from the Marco Island City Council to return
County Road 92A (Goodland Drive) to Collier County's jurisdiction and authorize the
County Manager to further explore this option with the Marco Island City Manager.
(Commissioner Fiala)
OBJECTIVE: To explore options and authorize dialogue between the executive managers of
Collier County and the City of Marco Island in order to further refine a mutually acceptable
agreement that will provide safe access and egress to the Goodland residents.
CONSIDERATIONS: The ownership and responsibility for the maintenance of Goodland Drive
was transferred to the City in 2002 through an interlocal agreement recorded in OR book 3095
page 2878. As part of that agreement,the County agreed to transfer$1,000,000 a year to the City
for a period of 15 years for the maintenance of Goodland Drive and other former County roadways
maintained by the City. There is a balance of$2,000,000 remaining in that obligation.
The condition of the road and the need for improvements have been a point of contention since the
transfer was made. The roadway has continued to degrade as water infiltrates the base layer and -a
routinely tops the asphalt layer. On December 2, 2014, the County and the City held a joint
workshop to discuss matters of common interest. The status of Goodland Drive was a principal
topic during that workshop. Since that workshop, a definitive funded improvement plan has not
been developed.
The City Manager has recently inquired as to the status of the first of two $500,000 payments due
to the City for FY 2016.To date,the City has not identified sufficient funds to complete their share co
of this project. On May 24, 2016, the Board approved Item 11C, which authorized the Chairman
to send a letter to the Marco Island City Council requesting that the City and the County develop
a joint plan for the improvement of Goodland Drive before releasing any more funding. On June
10, 2016, the City responded to the County's proposal with a counter proposal which included
transferring the road back to the County and potentially forsaking the remaining funds due in the
interlocal agreement. The letter indicated that the City Council was "willing to come to the table
to discuss renegotiating the current interlocal agreement."
The offer to renegotiate this agreement should be accepted.That said,the County Manager and his
staff are best equipped to begin discussions with their counterparts in Marco Island in order to
develop potential options for both elected bodies to consider.
FISCAL IMPACT: None at this time
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
a majority vote for Board approval. -JAK
RECOMMENDATION: Recommendation to consider a proposal from the Marco Island City
Council to return County Road 92A (Goodland Drive) to Collier County's jurisdiction and
authorize the County Manager to further explore this option with the Marco Island City Manager.
Prepared by: Commissioner Donna Fiala, District 1, Chairman of the Board
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June 10, 2016
Chairman Donna Fiala
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples, Florida 34112-5746
0
Dear Chairman Fiala, c
ca
This in in response to your letter dated May 25, 2016. Following the discussion at a public
meeting on June 6, 2016, the Marco Island City Council is willing to come to the table to discuss o
renegotiating the current Interlocal Agreement as suggested in your letter. However, in the
interim, we expect the terms of the current Interlocal Agreement to be honored by the County,
especially the outstanding $2 million due to the City.
Since 2001, the City of Marco Island has spent$52,293,774 on the former roads and assets that CO
were previously under the County's jurisdiction. That said, in the spirit of cooperation, several of
the City Councilors expressed a willingness to return CR92A to Collier County's jurisdiction and
responsibility in exchange for a City payment/contribution of$2 million to the County so that the ca
County can proceed to design and award a construction contract to reconstruct the road (CR92A)
at a higher elevation to make the road less susceptible to nature (global warming, rain events and
tidal impacts). 1°
Ir
If the County wishes to timely address this matter, which both the City Council and the County z
Commission agree is a priority for Goodland residents, we urge the County Commissioners to v
come to understand that either the County must obtain grants or provide supplemental County
funding to contribute the difference between the City's proffered $2 million contribution and the N
actual cost of an enhanced road reconstruction project. The new agreement can be triggered by
acceptance of the CR92A maintenance responsibility by the County and include a guarantee that
the City will make its proffered payment upon the County's acceptance of the CR92Act
maintenance responsibility. Otherwise, the City will have no alternative but to proceed under the
original terms and conditions contained within the current Interlocal Agreement. Pursuant to that
agreement, we will repair the road in the manner we deem appropriate, assuming the City's
timely receipt of the agreed biannual contributions from the County.
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Sincerely,
Robert C. Brown, Chairman
Marco Island City Council
cc: City Council
City Manager Hernstadt
Collier County Commissioners
County Manager Ochs
50 Bald Eagle Drive, Marco Island, 'Florida 34145
(239) 389-5000 FAX (239) 389-4359
www.cifyormareoisland.coni
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,s 11.Ae
Board of Collier County Commissioners
Donna Fiala Georgia A. Hiller, Esq. Tom Henning Penny Taylor Tim Nance
District 1 District 2 District 3 District 4 District 5
May 25,2016
Chairman Bob Brown
City of Marco Island
50 Bald Eagle Drive
Marco Island, FL 34102
Dear Chairman Brown,
C
I would like to thank you and the entire City Council on behalf of the Collier County
Board of Commissioners and the residents of Goodland for moving forward with the solicitation �?
of an engineering firm to design the Goodland Drive improvements. Our Commission is
committed to budgeting our share of these improvements in FY 2017.
Q
I would like to request on behalf of the entire Board of Commissioners, that we
cooperatively develop a joint project management plan and an updated interlocal agreement that
assures the residents of Goodland that we are mutually committed to improving their only form
of access and egress as soon as possible. To that end,we are respectfully requesting that you
endorse making these improvements a priority by directing the remaining interlocal payments
from the County into an escrow account specifically for this project. We will do the same with
our funds and also agree to aggressively pursue additional Federal and State funding e
opportunities with the City. 2
It is our deepest desire that we collectively recognize that the citizens of Goodland are
deserving of our joint commitment to this project. c
Sincerely,
/p.m,}444,.
Donna Fiala, Chairman
Collier County Board of County Commissioners
Cc: Marco City Council
BCC
City Manager
County Manager
Deputy County Manager
3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 Packet Pg.273