Agenda 01/28/2014 Item # 11Cn
n
1/28/2014 11.C.
EXECUTIVE SUMMARY
Recommendation to approve the draft letter, directed by the Board, requesting that the
City of Marco Island initiates a plan to repair Goodland Road (CR 92A).
OBJECTIVE: To engage in a conversation with the City of Marco Island regarding the need to
make improvements to Goodland Road also known as County Road 92A.
CONSIDERATIONS: On January -19, 1999, the County and the City of Marco Island (the
City) entered into an interlocal agreement to transfer ownership of all public roads and road
right -of -ways from the County to the City with exceptions. A second interlocal agreement was
executed on July 30, 2002, effective October 1, 2002, that immediately transferred County Road
92 and subsequently CR 92A within two years. In exchange for the City assuming these roads
the agreement contemplated that the County would pay the City one million dollars a year for a
period of 15 years and that the City would take full responsibility for the operation and
maintenance of these facilities. The County has reliably completed the annual transfer required
by the agreement and expects the City to fulfill its corresponding maintenance responsibilities.
The residents of Goodland have repeatedly expressed concern to the City that Goodland Road is
experiencing routine flooding and deteriorating road conditions. The residents have also
approached the County to seek assistance and guidance. Goodland Road is the only means of
vehicular access and egress to Goodland. The road has been completely flooded on several
occasions making it difficult if not impossible for vehicles to safely pass.
On December 11, 2013, under general communications, the Board directed the county manager
to bring back an item for Board approval that included a draft letter to the City requesting that
they review the situation and respond to the Board within 90 days identifying their plan to
maintain Goodland Road.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT: There is no growth impact associated with this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board reviews and approves the attached draft letter and
authorizes the Chairman to sign it on behalf of the Board.
Prepared by: Nick Casalanguida, Administrator, Growth Management Division
Attachments: 1) Photograph of Goodland Road partially flooded; 2) Interlocal agreement; and 3)
Draft Letter
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1/28/2014 11.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.C.
Item Summary: Recommendation to approve the draft letter, directed by the Board,
requesting that the City of Marco Island initiates a plan to repair Goodland Road (CR 92A). (Nick
Casalanguida, Growth Management Division Administrator)
Meeting Date: 1/28/2014
Prepared By
Name: LynchDiane
Title: Administrative Assistant
1/21/2014 9:54:01 AM
Approved By
Name: LynchDiane
Title: Administrative Assistant
Date: 1/21/2014 11:29:46 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/21/2014 11:46:39 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/21/2014 2:05:29 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/21/2014 4:25:43 PM
Name: OchsLeo
Title: County Manager
Date: 1/21/2014 5:14:06 PM
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1/28/2014 11. C.
Retn: 3034471 OR. 3095 PG; 2878 R8C FEE 24.00
CLERK 70 TITS BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COU11 ?I, IL COPIES 5100
IHTEROFFICS 4TH FLOOR 08/22/2002 at 01:09FH DWIGHT S. BROCK, CLERK
117 7240
IN`TERLOCAL AGREEMENT
BETWEEN THE CITY OF MARCO ISLAND AND COLLIER COUNTY
TRANSFERRING JURISDICTION OF PUBLIC ROADS
AND ROAD RIGHTS- OF-WAY WITHIN
THE CITY PIMITS OF MARCO ISLAND
This Interlocal Agreement between Collier County and the City of Marco Island made
this day of 011t, 2002, by and between Collier County, a
political subdivision of the State of Florida, hercinafter refereed to as "County," and the City of
Marco Island, a municipal corporation, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, on January 19, 1999, the County and the City entered into an lnterlocal
Agreement to transfer ownership of public roads and road rights -of -way from the County to the
City; and
WHEREAS, the above referenced lnterlocal Agreement exempted from said transfer of
jurisdiction certain specific roadway segments identified herein in Exhibit "A" to this
Agreement; and
WHEREAS, the County and the City agree that said exemption is no longer necessary or
desirable.
WITNESSETH:
NOW, THEREFORE, in consideration of the premises, the above - stated clauses and
other good and valuable consideration received and acknowledged by the parties to be sufficient,
the County and City agree as follows:
1. The County does henceforth and in perpettMty, transfer the ownership and relinquish
responsibility to the City for the maintenance and operation of the entirety of County
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1/28/2014 11.C.
OR; 3095 PG, 2879
Road 92 (CR 92) as it currently exists within the boundaries of the City as further
described herein and all appurtenances thereto, including, but not limited to its road
right -of -way, its traffic signs and pavement markings and its stonn water drainage
culverts crossing under or along CR 92 from its westerly terminus at the intersection
of Collier Boulevard (SR 951) in a generally easterly direction to the western end of
the approach to the Goodland Bridge (Collier County Bridge Number 030184, a
distance of approximately 24,725 feet (approximately 4.7 miles).
2 The County shall relinquish and transfer to the City, two (2j years after the execution
of this agreement, all of its ownership to the entirety of County Road 92A (CR 92A),
also known as Goodland Road as it then exists within the boundaries of the City
limits.
3. Immediately upon the execution of this agreement, the County shall relinquish all of
its operation of and responsibility for the maintenance of the entirety of County Road
92A (CR 92A), also known as Goodland Road as it currently exists within the
boundaries of the City limits, and all appurtenances thereto, including, but not limited
to its road right -of =way, its traffic signs and pavement markings and its storm water
drainage culverts crossing under or along CR 92A from its northerly terminus at the
intersection of San Marco Road (CR 92) in a generally southerly direction to the City
of Marco Island corporate line, a distance of approximately 2950 feet (approximately
0.55 miles).
4. The City agrees it will not, in any way, impede egress and ingress to the residential
and commercial currently unincorporated grpa known as "Goodland ", an area located
at tite southerly end of CR 92A, currently outside the corporate boundaries of the City
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1/28/2014 11.C.
OR: 3095 PU: MU
and within Collier County, except Gor temporary closure for maintenance and
construction.
5. The County agrees to budget and appropriate on an annual basis and pay to the City
the sum of One Million Dollars [$1,000,000.00] per year for a period of fifteen [15]
rr years, in return for the City assuming, from October 1, 2002 and in the future, all
SM c %�� l/UV,Y
maintenance and operational responsibilities for the roadway segments set forth in
i ►� �/' paragraphs one and two above, and for all roadways within the City as permitted
under Florida Law.
6. The City, subject to the limitations of Florida Statutes, Section 768.28, shall
indemnify and hold harmless the County its officers and employees from liabilities,
damages, losses, and costs, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the City and persons employed or utilized by the
City in the performance of this Agreement.
7. The County, subject to the limitations of Ronda Statutes. Section 768.28, shall
Indemnify and hold harmless the City, its officers and employees, from liabilities,
damages, losses, and costs, caused by the negligence, recklessness, or intentional
wrongful misconduct of the County and persons employed or utilized by the County
in the performance of this Agreement.
8. The payments shalt be made semi - annually, beginning with the first payment in the
amount of Five Hundred Thousand Dollars ($500,000) on or before March 31, 2003
and each March thereafter; and the second payment in the amount of Five Hundred
Thousand Dollars ($500,000) beginning on, or before .tune 30, 2003, and each June
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1/28/2014 11.C.
OR. 3095 PG; 2881
thereafter, until paid in full. The date and method of payments may be changed with
the mutual prior written consent of the parties.
9. The source of funding for the County for the payments due pursuant to this
Agreement shall be at the sole discretion of the County.
10. The effective date of this Agreement shall be October 1, 2002.
11. This lnterlocal Agreement shall be recorded in the Public Records oFCollier County.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their respective authorized signatories.
DATE; �
ATTEST:'
Dwight E. Brock, Clerk
BY:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COU�'TY, FLORID4 .
' -- -
BY:
Jana.&— 1. COMM, Chairnani
1,� /OCRI
APPROVED AS TO FORM AND LEGAL
SUFFICIIENC
k�c>a lA tl a 6
cg1JOine Hubbard Robinson
ssistant County Attorney
DATE: -7 - 3o- 0Z
ATTEST:
Laura Litzan, City Clerk
BY:
cputy -C erk
CITY OF MARCO ISLAND
BY: �vi1. 7k L
E . Glenn Tucker, Chairman
APPROVED AS TO FORM & LEGALITY:
Kenneth B. Cuyler
City Attorney
t'age 4
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1/28/2014 11.C.
January 28, 2014
Mr. Kenneth E. Honecker, Chairman
City of Marco Island
50 Bald Eagle Drive
Marco Island, FL 34145
Dear Mr. Honecker,
The Board has been recently approached by members of the Goodland community concerned over their
wellbeing regarding safe access and egress to and from their community. As I am sure you are aware,
Goodland Road (CR 92A) is the only road that provides vehicular access to their community. The road has
been inundated with water on multiple occasions and is experiencing deterioration due to the water flowing
through the base and pavement courses. Goodland Road was transferred to the City of Marco Island by
agreement in 2002. The terms of that agreement includes a County transfer of one million dollars annually to
the City of Marco Island. In exchange, the City is responsible for the operation and maintenance of Goodland
Road. The Board of County Commissioners are concerned that the needed improvements to Goodland Road
have not been programmed in the near future.
We recognize that local governments experienced a significant reduction in revenues through the economic
downturn. We also know that the City shares the County's aspiration to maintain physical assets associated
with health, safety and welfare. The preservation of vehicular and pedestrian access via Goodland Road is
essential to the health, safety and welfare of the residents of Goodland. Please accept this letter as our
request to ask the City of Marco Island to evaluate this issue and respond to the Board of County
Commissioners within ninety days with an action plan to address the needed improvements to Goodland
Road. The County would be willing to consider supporting the City in grant applications through the
Metropolitan Planning Organization or other opportunities in order to accelerate this much needed
improvement.
Sincerely,
Tom Henning, Chairman
Collier County Board of Commissioners
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