Agenda 06/11/2024 Item #16D 9 (Approved a revised Fourth Extension and Amendment to Interlocal Agreement between Collier County and the City of Naples-Beach Parking and Recreation arrangement)06/11/2024
EXECUTIVE SUMMARY
Recommendation to approve a revised Fourth Extension and Amendment to Interlocal Agreement between
Collier County and the City of Naples governing use of City of Naples beach parking facilities and park and
recreation programs extending the term to September 30, 2024, and authorize the Chair to sign the City of
Naples modified 4th Amendment.
_________________________________________________
OBJECTIVE: To continue the Beach Parking and Recreation arrangement enjoyed by the City of Naples and the
County.
CONSIDERATIONS: On November 18, 2008, Collier County and the City of Naples entered into an Interlocal
Agreement (“Interlocal” or “Agreement”) allowing residents from the unincorporated Collier County to use and
enjoy all of the City’s parks, recreational facilities, and recreational programs on the same basis as those afforded to
City residents in exchange for an annual base payment of $1,000,000 (adjusted each fiscal year by an adjustment
factor).
By agreement dated effective December 1, 2017, Collier County and the City of Naples entered into an Extension
and Amendment to the Interlocal extending the term to September 30, 2022, and increasing the payment to
$1,500,000 for the fiscal years within the extended term.
By agreement dated September 21, 2022, Collier County and the City of Naples entered into a Second Extension
and Amendment to the Interlocal further extending the term to June 30, 2023. This amendment maintained the total
annual payment of $1,500,000, but modified the payment schedule to a monthly basis.
By agreement dated June 21, 2023, Collier County and the City of Naples entered into a Third Amendment and
Extension to further extend the term to September 30, 2023, with no renewal period.
On October 10, 2023, the Board approved a Fourth Extension of the Agreement to further extend the term to
September 30, 2024, with no renewal period. The Agreement was forwarded to the City of Naples, who made the
following change:
3. County residents shall be afforded the same rights and privileges as those granted to City
residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and shall
pay the same fees and have access to the same parking as City Residents. The City and the
County shall retain independent discretion of the appropriate fee structure(s) for City residents or
County residents within their respective Parks, Recreational facilities, and Recreational Programs.
The change by the City of Naples underlined above was discussed during negotiations for the original 4th
Amendment, but were not included in the 4th Amendment approved by the Board. The City of Naples came back
with the revision in December 2023 to include the clarification. This additional language formalizes current
practices by both agencies in developing and maintaining their own rate structures for activities at “parks and
recreation” facilities including but not limited to: field and court rentals, park administered programing, league
sports, swimming pool rates as well as community center rental fees. These rate structures are adopted
independently through existing rate resolutions by the City and the County. This clarification will assist with future
beach permit discussions and use at city and county beach parking facilities.
FISCAL IMPACT: The Fourth Amendment and Extension allowed for 12 additional monthly payments to the
City of Naples totaling $1,500,000. The County will continue to remit monthly payments on the 25th of each month
in the amount of $125,000 through September 2024, for a total annual amount of $1,500,000.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
16.D.9
Packet Pg. 1650
06/11/2024
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The Board’s approval of
the October 10th version was essentially an offer to the City. The action by the City constitutes a rejection of the
County’s offer and a proposed counteroffer to the agreement that was approved by the Board. If the Board is
amenable to the change, the City’s version will need to be signed. This is a relatively rare event, as the County
generally requires its contracts to be first signed by the other side to avoid this issue. This policy does not extend to
agreements with other government agencies. With that noted, this item is approved as to form and legality, and
requires a majority vote for Board action. -JAK
RECOMMENDATION: To approve the revised Fourth Amendment and Extension to Interlocal Agreement
between Collier County and the City of Naples governing use of City beach parking facilities and park and
recreation programs extending the term to September 30, 2024, and authorize the Chair to sign the City of Naples
modified 4th Amendment.
Prepared by: Dan Rodriguez, Deputy County Manger
ATTACHMENT(S)
1. 2008 Interlocal Agreement - City of Naples Beach Parking (PDF)
2. 2017 Amendment to Interlocal Agreement - City of Naples Beach Parking (PDF)
3. 2nd Ext and Amendment to ILA - City of Naples Beach Parking (PDF)
4. 3rd Ext and Amendment to ILA - City of Naples Beach Parking (PDF)
5. 4th Ext and Interlocal Agreement - Beach Parking - city changes highlighted (PDF)
6. Interlocal Agreement - Beach Parking (county version) (PDF)
7. Interlocal Agreement - Beach Parking (city version)1 (PDF)
8. BCC Minutes 09_26_2023 (excerpt) (PDF)
16.D.9
Packet Pg. 1651
06/11/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.9
Doc ID: 29063
Item Summary: Recommendation to approve a revised Fourth Extension and Amendment to Interlocal
Agreement between Collier County and the City of Naples governing use of City of Naples beach parking facilities
and park and recreation programs extending the term to September 30, 2024, and authorize the Chair to sign the
City of Naples modified 4th Amendment.
Meeting Date: 06/11/2024
Prepared by:
Title: Management Analyst II – County Manager's Office
Name: Geoffrey Willig
06/05/2024 9:51 AM
Submitted by:
Title: – Parks & Recreation
Name: James Hanrahan
06/05/2024 9:51 AM
Approved By:
Review:
Parks & Recreation James Hanrahan Interim Division Director Completed 06/05/2024 9:56 AM
Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 06/05/2024 10:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/05/2024 10:14 AM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 06/05/2024 10:28 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/05/2024 3:24 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM
16.D.9
Packet Pg. 1652
INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING PARKS AND RECREATION
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this
i'%•V\,,,, day of 2008, by and between Collier County, Florida("County")
and the City of Naples,Florida("City"),
RECITALS:
WHEREAS, residents from the unincorporated areas of'Collier County currently enjoy
recreating within facilities owned and operated by the City of Naples, including but not limited
to, Fleischman Park and beach areas and related parking areas within the City of Naples;and
a WHEREAS, the parties have over the years entered into separate interlocal agreements
concerning the City's Parks and Recreational areas, including but not limited to an Interlocal
tt Agreement for City-County Beach Parking, recorded at OR Book 3563, Pg 1889, whichaOa
Pg
p agreement expired September 8, 2008; and
cx,
2 UZI WHEREAS, Collier County and the City wish to enter into a long term agreement which
r r would allow residents from unincorporated Collier County to use and enjoy all of the City's
c)
Parks, Recreational facilities and Recreational Programs, on the same basis as those afforded to
Le-)
Q City residents; and
441 N G
D WHEREAS, the City is willing to allow the use of all of its Parks,Recreational Facilities
and Recreational Programs to residents of unincorporated Collier County on the same terms and
conditions as those afforded to residents of the City in exchange for an annual payment by the
a County in the sum of S1,000,000, as adjusted in the manner set forth below,
PC
WITNESSETH:
IM V
N a NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good andG. lad
E I" valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
1
16.D.9.a
Packet Pg. 1653 Attachment: 2008 Interlocal Agreement - City of Naples Beach Parking (29063 : Beach Parking Agreement City revision)
OR: 4409 PG: 3952
2. This Agreement shall become effective as of October 1, 2008, and, unless
otherwise modified by written agreement, will end September 30, 2018. After the third year,
either party may terminate this Agreement by written notice to the other, at least 180 days prior
to the end of each fiscal year.
3. County residents shall be afforded the same rights and privileges as those granted
to City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and
shall pay the same fees and have access to the same parking as City residents.
4. With respect to beach access;
A. The City and the County hereby continue their established reciprocal
beach parking program whereby all residents of Collier County may obtain a
beach parking sticker valid for free parking at any County or City beach parking
location.
B. The City will operate a beach patrol and maintenance program within the
City to provide for beach and beach parking regulation enforcement, beach and
beach parking cleanup, and beach and beach parking maintenance.
C. For the term of this Agreement the City agrees to provide at Ieast 1048
parking spaces located at street beach ends or City Beach Parks that will be
available for vehicles of County residents with valid beach parking stickers.
These spaces may be metered, restricted for permit parking, or handicapped
parking spaces as determined by the City. All spaces regardless of designation
will be made equally available at no cost to City and County residents.
5. The first and second year payments (FY 2009 and FY 2010) to the City shall be
1,000,000 (one million dollars) for each fiscal year. Commencing October 1, 2010, and each
fiscal year thereafter, this payment will be adjusted, upward or downward, by multiplying the
1,000,000 base payment by an adjustment factor. The adjustment factor will be the ratio of ad
valorem taxes paid to the County's General Fund by property owners located within the City in
the fiscal year just ended, divided by the ratio of ad valorem taxes paid to the County's General
Fund by property owners located within the City during the fiscal year ending September 30,
2008.
6. A $500,000 payment due shall be paid to the City not later than March 31 of each
fiscal year. The remainder of the annual payment shall be paid not later than September 30 of
2
16.D.9.a
Packet Pg. 1654 Attachment: 2008 Interlocal Agreement - City of Naples Beach Parking (29063 : Beach Parking Agreement City revision)
OR: 4409 PG: 3953 ***
each fiscal year; this remainder payment shall be computed using the ratio identified in Section 5
above.
7. All notices required under this Agreement shall be directed to the following
offices;
For the County:Office of the County Manager
3301 East Tamiami Trail
Naples,Florida 34112
For the City: Office of the City Manager
735 Eighth Street South
Naples, Florida 34102
8. With respect to the subject natter herein, this Agreement is the entire agreement
between the parties, superseding all previous oral and written representations, understandings,
and agreements between the parties. This Agreement can only be changed by a writing signed
by both parties. The County shall record this Agreement at its sole cost in the Public Records of
Collier County.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
ATTEST: CITY OF NAPL
ar Norman,City Cler .)(
a) By: 411101'.
BILL BARNETT, MAYOR
ATTEST: BOARD OF COMMISSIONERS
DWINQR' 2::BT QCK, Clerk COLLIER COUNT FLORIDA
Aunt t3,,to !!'of Clerk TOM H NNING, CH: ' AN
sigisturit 004.! Date
Appr=:: e =• to form Approved as to form and
and l=i a . +;ci-' • legal sufficiency:
Jeffrey t . I atzkow Robert D. t,City ttorney
County Att, ey
Date i t 3
16.D.9.a
Packet Pg. 1655 Attachment: 2008 Interlocal Agreement - City of Naples Beach Parking (29063 : Beach Parking Agreement City revision)
INSTR 5484571 OR 5459 PG 277 I
RECORDED 12/18/2017 10:16 AM PAGES 5
DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00
AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES REGARDING PARKS AND RECREATION
DATED THE 1ST DAY OF NOVEMBER, 2008
WHEREAS, Collier County and the City of Naples, Florida entered into an
Interlocal Agreement on November 1st, 2008, and
WHEREAS, residents of Collier County and the City of Naples have benefited
from the use of City parks, recreation, and beach parking facilities, and
WHEREAS, the parties desire to amend certain provisions of the Interlocal
Agreement.
WITNESSTH:
NOW, THEREFORE, the Parties agree to amend the Interlocal Agreement as
follows:
1. Section 2 is amended as follows:
This Agreement shall become effective as of October 1, 2008 December 1, 2017, and,
unless otherwise modified by written agreement, will end September 30, 2022. After the
t. t. -
Section 5 is amended as follows:
The payments (FY 2009 and FY 2010) to the City for FY 2018-19,
through F Y20-22 shall be $1,500,000 (one million, five-hundred thousand dollars) for
each fiscal year. _ _ --• - • _ _ e _ _ _-I, - -e -_ _ -- -- •- -_ - •.-
e.9,99f. _
September 30, 2008.
No beach stickers shall be sold or otherwise provided to non-Collier County residents by
Collier County or the City of Naples.
IN WITNESS HER4pFttlealarties hereto have set their hands and seals the day and
year first above w . .. Q;
Attest:
0til -- t
ri
5 Teles
r' I/167 `/
ricia L. Rambosk,Ci . - ""r
ett M- or ItYY
16.D.9.b
Packet Pg. 1656 Attachment: 2017 Amendment to Interlocal Agreement - City of Naples Beach Parking (29063 : Beach Parking Agreement City revision)
Approv d as to form and legality:
Robert D. Pritt, City Attorney
Atst7- Board of Commissioners
Collier Cou Florida
D ig t • . Brock, ClAttest as to Chairman's Penny Taylor, Cha' (-4
signature only
Approvedf s to form and legair y:
Jeffrey a latzkow
Count Attorney
16.D.9.b
Packet Pg. 1657 Attachment: 2017 Amendment to Interlocal Agreement - City of Naples Beach Parking (29063 : Beach Parking Agreement City revision)
16U 2
SECOND EXTENSION AND AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING PARKS AND RECREATION
This Second Amendment to Interlocal Agreement is made and entered into this
sr'day of e re/n/3G,e, , 2022, by and between Collier County, a political
subdivision of the State o1 Florida ("COUNTY") and the City of Naples, Florida, a Florida
municipal corporation("CITY").
RECITALS:
WHEREAS, on November 18, 2008, COUNTY and CITY entered into an Interlocal
Agreement (hereinafter referred to as the "Interlocal Agreement") allowing residents from the
unincorporated Collier County to use and enjoy all of the CITY's parks,recreational facilities, and
recreational programs on the same basis as those afforded to City residents in exchange for an
annual payment; and
WHEREAS, on December 1, 2017, COUNTY and the CITY entered into an amendment
to the Interlocal Agreement extending the term to September 30, 2022 and increasing the annual
payment; and
WHEREAS,the residents of Collier County and the City of Naples have benefitted from
the use of City parks, recreation, and beach parking facilities, and
WHEREAS, the parties wish to further extend and amend the Interlocal Agreement as set
forth below.
WITNESSETH:
NOW, THEREFORE, the COUNTY and CITY agree to amend the Interlocal as follows:
1. The recitals above are true, correct and incorporated herein.
2. The Interlocal Agreement, as previously amended, is hereby extended to June 30,
2023, with no renewal period.
3. Section 6 of the Interlocal Agreement is amended so that commencing October 1,
2022, County will make monthly payments of $125,000, with payment due the 25th of the
following month. The first monthly payment under the second amendment is accordingly due
November 25, 2022.
4. Except as modified by this Amendment, the Interlocal Agreement as previously
amended shall remain in full force and effect.
IN WITNESS HEREOF, the parties hereto have set their hands and seals the day and year
first written above.
INSTR 6320917 OR 6183 PG 3585
1 RECORDED 10/24/2022 9 19 AM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$18.50
16.D.9.c
Packet Pg. 1658 Attachment: 2nd Ext and Amendment to ILA - City of Naples Beach Parking (29063 : Beach Parking Agreement City revision)
160 2
CITY:
ATTEST: CITY OF NAPLES
45/ 7 Alli .
atic osli:CiTy Clerk Teresa Lee eitmann, Mayot
ApQroVet`a*wfbrnyind legality:
me'
µ (
V'11/ 11
la
I
V
City ttomey
COUNTY:
ATTEST::,:• 2P4(,,,?n BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K•. KINAL, Clerk COLLIER CO ' i P A
6-42 IP ler OA"
By. r.
4/ l
est as to Chairman' `P ' ' W.'iam. L. McDaniel, Jr., Chairman
signature ori; • , ;, ,e,
Approv l r
r/ ; and legality:
IVe 4
Jeffrey /li .1,kow, ounty Attorney
2
16.D.9.c
Packet Pg. 1659 Attachment: 2nd Ext and Amendment to ILA - City of Naples Beach Parking (29063 : Beach Parking Agreement City revision)
ibF6
THIRD EXTENSION AND AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING PARKS AND RECREATION
This Third Amendment to Interlocal Agreement is made, And entered into this
day of_ . Am_ 2023, by and between Collier County, a pojilical
subdivision of the State of Florida ("COUNTY") and the City of I1aph's, Florida; a Ebriila
municipal corporation("CITY").
RECITALS:
WHEREAS, on November 18, 2008, COUNTY and CITY entered into an Interlocal
Agreement (hereinafter referred to as the "Interlocal Agreement") allowing residents from the
unincorporated Collier County to use and enjoy all of the CITY's parks,recreational facilities,and
recreational programs on the same basis as those afforded to City residents in exchange for an
annual payment; and
WHEREAS, on December 1, 2017, COUNTY and the CITY entered into an amendment
to the Interlocal Agreement extending the term to September 30, 2022 and increasing the annual
payment; and
WHEREAS, on September 21, 2022, COUNTY and the CITY entered into a second
amendment to the Interlocal Agreement extending the term to June 30, 2023 and changing the
semi-annual payment requirement of$750,000 in March and September to a prorated$125,000 to
be paid monthly, and
WHEREAS, the residents of Collier County and the City of Naples have benefitted from
the use of City parks,recreation, and beach parking facilities,and
WHEREAS, the parties wish to further extend and amend the Interlocal Agreement as set
forth below.
WITNESSETH:
NOW, THEREFORE,the COUNTY and CITY agree to amend the Interlocal as follows:
1. The recitals above are true, correct and incorporated herein.
2. The Interlocal Agreement,as previously amended,is hereby extended to September
30, 2023, with no renewal period.
3. Except as modified by this Amendment, the Interlocal Agreement as previously
amended shall remain in full force and effect.
IN WITNESS HEREOF, the parties hereto have set their hands and seals the day and year
first written above.
1
16.D.9.d
Packet Pg. 1660 Attachment: 3rd Ext and Amendment to ILA - City of Naples Beach Parking (29063 : Beach Parking Agreement City revision)
1 6 F 6
CITY:
i';?..4-Z-6,
14.,
V::?--- "-•-•,
ATSST:CITY OF NAPLES
iia,ONirrfEk. i 7.•
G.treF -
e...--,—. 4,,,. .._._ "11,1----_-_-
Pattivid-4.RanibeAlc,gity Clerk Teresa Lee Heitmann,Mayor
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1,«fp •-r,1 ..
fillihif rWti 90" '67,
Approved as to form and legality:
Z.-
City Attorney
COUNTY: - -
AFfitgT:., ' 7, BOARD OF COUNTY COMMISSIONERS OF
CRYSTALK..KINZEL,Clerk COLLIER COUNTY, FLORIDA,
By:
u Cf&k.'' •' Attest as to Chairman'sbp Rick LoCastro, Chairman
gnature onl .
Appro
1
2,:a.,Agri,
i
and legality:
411111:11 c
MLA a,
4
Jeffrey •T'
r
la ow,County Attorney
2
16.D.9.d
Packet Pg. 1661 Attachment: 3rd Ext and Amendment to ILA - City of Naples Beach Parking (29063 : Beach Parking Agreement City revision)
FOURTH EXTENSION AND AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING PARKS AND RECREATION
This Fourth Amendment to Interlocal Agreement is made and entered into this 30th day of
September, 2023, by and between Collier County, a political subdivision of the State of Florida
("COUNTY") and the City of Naples, Florida, a Florida municipal corporation ("CITY").
RECITALS:
WHEREAS, on November 18, 2008, COUNTY and CITY entered into an Interlocal
Agreement (hereinafter referred to as the "Interlocal Agreement") allowing residents from the
unincorporated Collier County to use and enjoy all of the CITY's parks, recreational facilities, and
recreational programs on the same basis as those afforded to City residents in exchange for an
annual payment;and
WHEREAS, on December 12, 2017, COUNTY and the CITY entered into an amendment
to the Interlocal Agreement extending the term to September 30, 2022 and increasing the annual
payment; and
WHEREAS, on September 13, 2022, COUNTY and the CITY entered into a second
amendment to the Interlocal Agreement extending the term to June 30, 2023 and changing the
semi-annual payment requirement of $750,000 in March and September to a prorated $125,000 to
be paid monthly, and
WHEREAS, on June 27,2023, COUNTY and the CITY entered into a third amendment
to the Interlocal Agreement extending the term to September 30, 2023
WHEREAS, the residents of Collier County and the City of Naples have benefitted from
the use of City parks, recreation, and beach parking facilities, and
WHEREAS, Collier County and the City agree to amend Section 3. to read as
follows: County residents shall be afforded the same rights and privileges as those granted to
City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and
same parking as City residents. The City and the County shall retain independent discretion of
the appropriate fee structure(s) for City residents or County residents within their respective
Parks, Recreational facilities, and Recreational Programs, and
WHEREAS, the parties wish to further extend and amend the Interlocal Agreement as set
forth below.
WITNESSETH:
NOW, THEREFORE, the COUNTY and CITY agree to amend the Interlocal as follows:
1.The recitals above are true, correct and incorporated herein.
1
16.D.9.e
Packet Pg. 1662 Attachment: 4th Ext and Interlocal Agreement - Beach Parking - city changes highlighted (29063 : Beach Parking Agreement City revision)
2. The Interlocal Agreement Section 3. is hereby amended to read as follows: Countyresidents shall be afforded the same rights and privileges as those granted to City residents toutilize all City Parks, Recreational facilities, and Recreational Programs, and same parking as Cityresidents. The City and the County shall retain independent discretion of the appropriate feestructure(s) for City residents or County residents within their respective Parks, Recreationalfacilities, and Recreational Programs.3. The Interlocal Agreement, as previously amended, is hereby extended to September30, 2024, with no renewal period.4. Except as modified by this Amendment, the Interlocal Agreement as previouslyamended shall remain in full force and effect.IN WITNESS HEREOF, the parties hereto have set their hands and seals the day and yearfirst written above.Approved as to form and legality:City AttorneyCOUNTY: ATTEST: CRYSTAL K. KINZEL, Clerk, Deputy ClerkApproved as to form and legality:Jeffrey A. Klatzkow, County Attorney CITY OF NAPLES�J__ ./4 I c__ Teresa Lee Heitmann, M�BOARD OF COUNTY COMMISSIONERS OFCOLLIER COUNTY, FLORIDABy:----------------Rick Locastro, Chairman2
16.D.9.e
Packet Pg. 1663 Attachment: 4th Ext and Interlocal Agreement - Beach Parking - city changes highlighted (29063 : Beach Parking Agreement City revision)
16.D.9.f
Packet Pg. 1664 Attachment: Interlocal Agreement - Beach Parking (county version) (29063 : Beach Parking Agreement City revision)
16.D.9.f
Packet Pg. 1665 Attachment: Interlocal Agreement - Beach Parking (county version) (29063 : Beach Parking Agreement City revision)
FOURTH EXTENSION AND AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING PARKS AND RECREATION
This Fourth Amendment to Interlocal Agreement is made and entered into this 30th day of
September, 2023, by and between Collier County, a political subdivision of the State of Florida
("COUNTS") and the City of Naples, Florida, a Florida municipal corporation ("CITY").
RECITALS:
WHEREAS, on November 18, 2008, COUNTY and CITY entered into an Interlocal
Agreement (hereinafter referred to as the "Interlocal Agreement") allowing residents from the
unincorporated Collier County to use and enjoy all of the CITY'S parks, recreational facilities, and
recreational programs on the same basis as those afforded to City residents in exchange for an
annual payment; and
WHEREAS, on December 12,2017, COUNTS and the CITY entered into an amendment
to the Interlocal Agreement extending the term to September 30, 2022 and increasing the annual
payment; and
WHEREAS, on September 13, 2022, COUNTY and the CITY entered into a second
amendment to the Interlocal Agreement extending the term to June 30, 2023 and changing the
semi-annual payment requirement of $750,000 in March and September to a prorated $125,000 to
be paid monthly, and
WHEREAS, on June 27,2023, COUNTY and the CITY entered into a third amendment
to the Interlocal Agreement extending the term to September 30, 2023
WHEREAS, the residents of Collier County and the City of Naples have benefitted j&om
the use of City parks, recreation, and beach parking facilities, and
WHEREAS, Collier County and the City agree to amend Section 3. to read as
follows: County residents shall be afforded the same rights and privileges as those granted to
City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and
same parking as City residents. The City and the County shall retain independent discretion of
the appropriate fee structure(s) for City residents or County residents within their respective
Parks, Recreational facilities, and Recreational Programs, and
WHEREAS, the parties wish to further extend and amend the Interlocal Agreement as set
forth below.
WITNESSETH:
NOW, THEREFORE, the COUNTY and CITY agree to amend the Interlocal as follows:
1. The recitals above are true, correct and incorporated herein.
16.D.9.g
Packet Pg. 1666 Attachment: Interlocal Agreement - Beach Parking (city version)1 (29063 : Beach Parking Agreement City revision)
2. The Interlocal Agreement Section 3. is hereby amended to read as follows: County
residents shall be afforded the same rights and privileges as those granted to City residents to
utilize all City Parks, Recreational facilities, and Recreational Programs, and same parking as City
residents. The City and the County shall retain independent discretion of the appropriate fee
stmcture(s) for City residents or County residents within their respective Parks, Recreational
facilities, and Recreational Programs.
3. The Interlocal Agreement, as previously amended, is hereby extended to September
30, 2024, with no renewal period.
4. Except as modified by this Amendment, the Interlocal Agreement as previously
amended shall remain in full force and effect.
IN WITNESS HEREOF, the parties hereto have set their hands and seals the day and year
first written above.
CITY:,,
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Approved as to form and legality:
CITY OF NAPLES
Teresa Lee Heitmann, Mayor
Ci Attorney
COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTS, FLORIDA
, Deputy Clerk
By
Rick LoCastro, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
16.D.9.g
Packet Pg. 1667 Attachment: Interlocal Agreement - Beach Parking (city version)1 (29063 : Beach Parking Agreement City revision)
September 26, 2023
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida September 26, 2023
LET IT BE REMEMBERED that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following Board members present:
Chairman: Rick LoCastro
ChrisHall
DanKowal
WilliamL. McDaniel, Jr.
Burt L. Saunders
ALSO PRESENT:
Amy Patterson, County Manager
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Derek Johnssen, Clerk's Office, Finance & Accounting Director
Troy Miller, Communications & Customer Relations
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going to see exotics being removed. There's still work to be done on
any piece of property, but the big moving parts, the big muscle
movements by the 6th and soon thereafter, should be slowly
disappearing.
And then once they start -- and you said they already
have -- start to spread that crushed rock, that lot starts to look more
aesthetically, you know, acceptable, I guess.
So keep us posted, and, you know, I'm sure you and I will talk.
I don't see any of the commissioners lit up. That was just basically
an update. Thank you.
County Manager, any other updates?
Item #15C
STAFF AND COMMISION GENERAL COMMUNICATIONS
MS. PATTERSON: Yep. So we're to Item 15C, staff and
Commission general communications. Just a reminder, we do have
our upcoming workshop next Tuesday. This is regarding insourcing,
outsourcing ring, contracting, consulting, CEI. These are the topics
that we've been pretty regularly talking about here, the things that we
hire out for, the things we do in-house. Each group is a little bit
different, so we'll be prepared to discuss that with you.
COMMISSIONER SAUNDERS: Mr. Chairman, if I may.
CHAIRMAN LoCASTRO: Yes, sir, go ahead.
COMMISSIONER SAUNDERS: On that, the Productivity
Committee would like to make a report on some of their activities
that will mesh very well with that discussion. At the end of the
meeting, let me give you one of the committee member's names and
phone number. She's putting together a little report, and I think your
involvement with her would be very helpful.
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MS. PATTERSON: Okay. Absolutely. No problem.
One other item, I received some communication from the David
Lawrence Center regarding their upcoming participation with AHCA
for the LIPP program because of their status as a central receiving
facility. So, statutorily, they need us to fill out a questionnaire and
sign a nonbinding letter of agreement, and this is relative to money
going up to the State to be leveraged, then, for federal dollars back.
Unfortunately, that has to be done by September 30th.
So we have conferred with AHCA. This is a nonbinding letter,
and they don't need your action on it now. I can fill the forms out
and sign, and then we're planning on being back to you the first
meeting in October. We can ratify that because we're going to need
to have a conversation about the funding that goes along with this. I
just wanted to advise the Board of that process.
Otherwise, if we haven't submitted those on behalf of the county
to David Lawrence, they will not be eligible to participate.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: My understanding from that
program is that if there's a commitment of dollars from Collier
County to David Lawrence Center, the question is, is that a -- not to
use the best of words -- is that a gift to David Lawrence Center, or do
we get those dollars back? Because typically we would get those
dollars back.
MS. PATTERSON: They're used to leverage dollars coming
back to David Lawrence. So the way this is being -- and this is what
we're going to be coming back to you in October to discuss. We
don't want to close the door by not filling out these questionnaires
and agreements but, also, we don't want to be bound by our
understanding of the situation as it stands as well as how this plays
into both the funding for the current facility as well as moving
forward with the larger.
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COMMISSIONER SAUNDERS: Do you have any idea how
much money is going to be involved in that transfer?
MS. PATTERSON: Five hundred sixty-eight thousand dollars
for this one, but there's a -- obviously, that number grows as the
facility gets larger and as we move towards the construction of the
central receiving facility.
COMMISSIONER SAUNDERS: Just one last question:
What is the markup when it comes back from Washington? What's
the magic increase?
MS. PATTERSON: They had indicated to us -- and we'll be
verifying these numbers -- that the money comes back will be about
double that or maybe a little bit better.
COMMISSIONER SAUNDERS: Thank you.
MS. PATTERSON: Mr. Rodriguez does have an update on
beach parking as well.
MR. RODRIGUEZ: Good afternoon, Commissioners. Dan
Rodriguez, your Deputy County Manager.
We've actually had some successful meetings with the city, as
we mentioned to you during our one-on-ones. And they did go to
their council members through a workshop.
And they've agreed, tentatively, to extend the beach permit
process for the next year and keep the rate at the $1.5 million.
They did ask for the county's support in taking some operational
costs and capital improvements for beach access to the TDC as well
as spending this next year to really look at the expenses associated
with the beach access and also participation rates for the city and the
county, so that, coming to you in the future with future extensions,
probably a more sound method for allocating taxpayer funds.
And there were some -- if you get a chance, there were some
very positive comments from the council members there who spoke,
that the city residents are county residents.
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And kudos to Jay Boodheshwar, the city manager there, in that
he was very collaborative. They had their key positions, but at the
end, we all worked as a team. So it speaks volumes to the
coordination.
And I believe also that the work done by the county government,
your county manager, as well as emergency services during that
trying time of Hurricane Ian helped to kind of bridge relationships
there, letting them know that we are there to support the city when we
need to, and they're there to support us and our residents on these
very important issues.
And, additionally, unless there's any objections, the County
Manager's going to administratively approve the extension, and we'll
bring that back to you on the 10th for official improvement.
MS. PATTERSON: That's all we have.
County Attorney?
MR. KLATZKOW: Nothing, thank you.
MS. PATTERSON: Commissioners.
CHAIRMAN LoCASTRO: Okay. I'll start at the opposite end
this time. Commissioner Hall, sir, final comments?
COMMISSIONER HALL: Yes. I'd like to -- you know, we
talked about -- the other night about bringing a third party in to take a
deep dive into the county operations. I don't know procedurally
what has to happen, if I need to make a motion and have that done.
I've had some conversation with the Productivity Committee to see if
they would be willing to help participate in locating some -- three or
four different companies as options with, you know, what their plans
are, what their costs are, what their time frames are, et cetera, et
cetera.
And since we just have a chance here to talk together, I didn't
know -- I didn't know what needed to be done to move forward.
COMMISSIONER SAUNDERS: Can I make a comment in
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reference to the Productivity Committee?
CHAIRMAN LoCASTRO: Yes, sir.
COMMISSIONER SAUNDERS: That's really not in their
wheelhouse. I mean, they're volunteers that are really doing a great
job in terms of looking at different aspects of the budget. Just as an
example, right now they're looking at our outsourcing of engineering.
They made a great number of recommendations on how to improve
some of the park and recreation operations.
But to ask them to start digging into finding consultants, I think
that -- I think, really, just our staff would be much better at that
because these folks are pretty busy to begin with.
COMMISSIONER HALL: Okay. I mean, I'm listening but,
you know the old adage, you never ask an insurance salesman if you
need insurance. I've got some sources coming in with some work
using a process that would be providing that information to the
Productivity Committee. That was the conversation that I had. I've
only had one.
But, no, I understand that that's not in their wheelhouse. I didn't
know if they could bring those companies to us as a recommendation
or if we could, you know -- I don't mind having staff look into that,
but I'd prefer outside -- to keep it outside.
COMMISSIONER SAUNDERS: We are going to have a
representative of the committee at our workshop on October 3rd, and
I'll get ahold of her and see if she can talk to -- just give that some
thought without violating the Sunshine Law. She has to be a little
careful.
COMMISSIONER HALL: Mr. Magel is who I had the
conversation with.
COMMISSIONER SAUNDERS: Yes, yes. And I'll talk to
Mr. Magel as well and see what they think about that, and...
MS. PATTERSON: Commissioners, if I may, the choice to
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bring an outside consultant or not is purely up to you, and we use
outside consultants for a lot of different things, which we'll be talking
about on Tuesday, coincidentally; however, we do have to consider
the procurement ramifications for whatever we choose.
So within certain thresholds, we have more flexibility. When
you get into more detailed or elaborate processes, we will have to
utilize a different procurement method.
So we just want to probably think through those. What we can
do is we can collect our thoughts here before the next meeting and be
prepared even --
Recording stopped.)
MS. PATTERSON: -- be prepared to have a conversation
about that because, of course, we don't want to enter into a type of
procurement that's actually going to delay us to the point that it's not
effective for this process.
We're really looking to kick this off here pretty quickly, and as
we move towards the end of this year and the beginning of next year,
be prepared to have a very productive conversation with you before
the setting of any kind of budget policy.
COMMISSIONER HALL: I just want to get the ball rolling.
COMMISSIONER McDANIEL: Yeah.
CHAIRMAN LoCASTRO: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. Well, then, on that
note, why don't you work with our staff, with our county manager,
and find out the most expeditious path for us to travel and then give
us an update next Tuesday when we're together in a
workshop -- we're not going to vote on anything then, but we can
certainly have an update on the process because, again, if we go into
an RFP process -- whoa, it's not going to be good.
So there are other ways for us to travel to get there, other
contractual arrangements that are out there that may be able to be
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utilized to be able to move us forward with a selection of somebody
to help us with that.
And I just want to say thank you to the County Manager and the
Deputy County Manager and -- with regard to the interlocal
agreement with the City of Naples. Commissioner Saunders tasked
me with that, and then I ran into a wall, but we got through it and we
brought to light a lot of circumstances with regard to our county's
utilization of our beaches and clarity coming from the City of Naples
with how they're spending the money, what they're spending the
money on, and so on.
So really, the accolades go to our county manager and deputy
county manager for formalizing that agreement and moving over into
some further discussions over in the TDC, the Tourist Development
Council, with regard to future expenditures. So thank you.
MS. PATTERSON: Thank you.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Well, I'd like to just revisit how, at the very beginning of this
meeting, thanking the staff and Mr. Finn on -- for what we put you
guys through last Thursday.
I know Mr. Finn had said they ran. When he woke up on
Thursday, he was probably thinking, well, we ran all those models.
We got it down to a certain amount of time, you know, and when
we're finally given the football and we've got to go run to the goal
line -- but I can almost guarantee that he didn't run that model that we
handed him sometime after midnight on Thursday.
And the tasks they were given and how they completed it in a
timely fashion, I have to commend them and thank the staff and
Mr. Finn and his staff on what they accomplished. They were given
a mission, and they brought it to fruition, and we had the opportunity
to vote on it.
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And I will be addressing the City of Naples, the mayor, and their
council, I think, next Wednesday or two Wednesdays from now.
So, Mr. Rodriguez, if you could definitely get me some
information on where we're at with that, the parking and the beach
stuff, because it seems like that's always the topic I always end up
talking about when I'm there, giving them the status of the county and
what we're doing and working in partnership, so --
But I think we had a pretty productive meeting today, and I
think, once again, we got ideas out there, and we all raise our
eyebrows and look at each other and say, huh, I didn't think of that,
but let's see what we can do with it. So thank you.
COMMISSIONER SAUNDERS: Well, I will tag on a little bit
to what Commissioner Kowal has said. The most amazing thing
about that workshop -- or that hearing was that, really, nobody got
mad. We had a lot of disagreement on some very big issues,
and -- but it never got heated. It was all a very professional
conversation, and I think that says a lot about our staff. It says a lot
about the Commission, but also the public. The public was -- they,
perhaps, didn't agree with everything that happened, but everybody
was very cordial and worked together professionally.
But you're right, Commissioner Kowal; our staff really rose to
the task. But what's amazing about our staff is that Thursday was
not the only time that they've had to spend a lot of extra hours. I
think if you call the county at 7:00 or 8:00 on any day during the
week, I think Mr. Finn is probably at his desk, or at least he's
somewhere with his computer, and hopefully he'll get a little bit of
rest. But that goes for everybody on our staff that worked so hard on
that. It was job well done, and I think everybody handled it well.
CHAIRMAN LoCASTRO: Yeah. And I'll just close by
saying, the reason why all five commissioners wanted to bring
Mr. Finn and his group up here was because a lot of times, like I said,
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it's the people behind the scenes that never get seen that are doing a
lot of the heavy lifting, and so it truly is a team effort. It's never one
commissioner. It's never one person. It's never one department.
You know, we all move forward. You know the old adage, a
rising tide lifts all boats, and I think, you know, we're starting to see a
lot of that.
And, you know, to Commissioner Saunders' point, at a
time -- and we sort of have talked about this informally, you know,
sometimes when we're grabbing a cup of coffee, it's disappointing to
see even groups of elected bodies even close to this county, maybe
even in this county, but certainly across the nation, that are struggling
to show professionalism and work closely together. I'm really -- I
think we're all proud of how we do it here even when we agree to
disagree. We can be disagreeable and we can -- we can voice those
concerns, but, you know, once we get outside this building, I think
the real strength of -- and when I say the Collier County Commission,
I really mean the entire Collier County team -- is that on the outside,
it's one decision, one voice. We look professional. And if we stray,
we talk to each other, but then, you know, we get back in the same
lane, and not a lot of elected bodies are doing that right now across
the country. So I can only say I'm really personally proud of this
group and the team that's not even in this room, that's in this building,
that's doing so much to support all of us.
I did make some notes on -- you know, we've touched on it here.
I had written the county operations analysis, basically, as we're
talking about. So maybe next Tuesday would be a time to continue
that discussion. None of us want to see it die on the vine. I think
it's more than just a consultant. I think you have expertise up here,
and we all sort of voice different possibilities of diving into a
different department.
And, you know, we don't want too many cooks in the kitchen,
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that's for sure. But there might be something that we can all
brainstorm, and I think we're all sitting here burning some brain cells
on what we could probably bring to Tuesday's meeting as maybe
taking the next step forward and not letting anything die on the vine.
Ms. Patterson and I talked about yesterday -- and we're getting a
lot of questions about the surtax that's going to sunset at the end of
this calendar year. At some point, we need to start talking about that
or deciding we're not. But we have the City of Marco, I think, that
either has sent us a letter or is about to, and Ms. Patterson mentioned
that we might shake the trees a little from some outsiders just to see if
anybody wants to give us some input, but I just -- I don't think we
want to be oblivious to it and then watch -- you know, and miss a
window. And I'm not being -- taking a side one way or another as to
I think it should be put back on the ballot and voted for or it shouldn't
be, but I just don't think we should be, you know, oblivious to it and
then find out that maybe we could have had more aggressive talks to
either continue it or at least give it that opportunity, or not. But it's
definitely a data point.
Did you want to say something, Ms. Patterson?
MS. PATTERSON: Yes, Chair. To your point is we have had
questions from some of our other governmental partners about the
future of the surtax. So what we're trying to avoid is if you have a
number of these send a letter or make their intentions clear that the
surtax is important to them, we want the Board to have adequate
visibility on that to make a decision so that it isn't that, you know, we
get to a point in time where it's too late and then it appears that, you
know, we didn't have the conversation early enough. And that was
to your point, Chair.
So we have committed to talking to those groups that have come
to us to talk about this, and no -- no putting the Board into any kind
of position of a yes or a no but simply just collecting those opinions
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and then being able to provide that to the Board so that they
can -- they can decide kind of the future. Maybe it's yes, maybe it's
no, maybe it's in a couple of years, but at least that way you kind of
have a pulse on those that have been -- either have been recipients of
the surtax or expressed their interest in being included, if possible, in
a future surtax.
CHAIRMAN LoCASTRO: I also wanted to thank all the
people from the arts community that not only came today but sent us
so many emails speaking with great passion and sincerity. Without a
doubt, we unanimously up here, with no reservation, voted on a -- on
a full funding; however, with plenty of conversation, very valuable
conversation, I think we certainly have sent a message that, you
know, we want to make sure that we're continuing to blow the dust
off of things and things are being documented and justified and that
we may be -- we have a better chance to maybe spread the wealth
around over the years than just writing a bunch of blank checks. So
I think that was very valuable conversation, and we look for
Mr. Beirnes to be bringing us improvement to that part as well.
And then, lastly, just for the record, so we had some scientists
down in the basement check. There are two Sheboygan locations.
One in Wisconsin and one in Michigan. It's true.
COMMISSIONER McDANIEL: They're spelled different.
CHAIRMAN LoCASTRO: They are spelled different, they
are, but they sound the same, right, Mr. Rodriguez? Mr. Rodriguez
doesn't have a lot to do over there, so he was -- I don't want to say he
was the expert, but --
COMMISSIONER McDANIEL: I had him leaning. I had him
leaning.
MR. RODRIGUEZ: Being a former Michigander, I take great
pride in being --
Simultaneous crosstalk.)
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COMMISSIONER McDANIEL: And for the record, Terri can
just write a bunch of -- "everybody talking at the same time" can go
into the --
CHAIRMAN LoCASTRO: No, the only thing I would like on
the record, there are two Sheboygan cities in Michigan and
Wisconsin, and that was confirmed for today's meeting.
But having said that, unless -- anybody else?
No response.)
CHAIRMAN LoCASTRO: It was a great meeting. A lot of
great things happened here today.
Thank you very much, you-all, and we're adjourned.
Commissioner McDaniel moved, seconded by Commissioner
Saunders, and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1 - Moved to Item #11D (Per Agenda Change Sheet)
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF
THE SEWER FACILITIES FOR DESTINY CHURCH,
PL20230007154 – A FINAL INSPECTION BY STAFF FOUND
THESE FACILITIES TO BE SATISFACTORY AND
ACCEPTABLE ON JULY 14, 2023
Item #16A3
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