Agenda 12/12/2017 Item #16H1 16.H.1
12/12/2017
EXECUTIVE SUMMARY
Recommendation that the Board approve a Resolution adopting a Government-to-Government
Tribal Communication Policy Pertaining to Tribal Governments located in Collier County,Florida.
OBJECTIVE: For the Board to approve a Resolution adopting a Government-to-Government Tribal
Communication Policy pertaining to Tribal Governments located in Collier County, Florida.
CONSIDERATIONS: On June 9, 2017, the Collier MPO adopted a Tribal Government-to- Government
Policy to promote effective communication with Tribal governments when MPO projects might affect
Tribal governments or its citizens. See attached copy of the MPO's adopted policy. The two federally
recognized Tribal governments, the Miccosukee Tribe of Indians of Florida and the Seminole Tribe of
Florida, and a third Tribe known as the Council of Aboriginal Peoples were all receptive to the MPO's
outreach and establishment of that policy.
Currently the Board of County Commissioners does not have a policy that addresses government-to-
government communications with Tribes located in Collier County. The attached Resolution and policy
provides a method of tribal communication similar to the policy adopted by the Collier MPO earlier this
year. The purpose of the proposed policy is to establish a policy that ensures Tribal participation in
County projects and processes that may affect Tribal governments or its citizens. Notwithstanding the
desire to promote communication with the Tribal governments, the proposed policy expressly
acknowledges that formal consultation will not be required in all situations.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
RECOMMENDATION: That the Board approve and authorize its Chair to sign a Resolution adopting a
Government-to-Government Tribal Communication Policy pertaining to Tribal Governments located in
Collier County, Florida.
Prepared by: Commissioner Penny Taylor, District 4
EXECUTIVE SUMMARY
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12/12/2017
Presentations (May Require Board Action)
Item 10C
Report on MPO Tribal Government-to-Government Public Involvement Policy
Objective:
For the Board to receive a report on the MPO Tribal Government-to-Government Public
Involvement Policy.
Considerations:
The draft MPO Tribal Consultation, Communication and Collaboration Policy has been renamed
the Collier MPO Tribal Government to Government Policy (Attachment 1) and revised to
include the Council of the Original Miccosukee Simanolee Nation Aboriginal Peoples (The
Council of Aboriginal Peoples). A redline version showing these changes is provided
(Attachment 1).
The Miccosukee Tribe of Indians of Florida and the Seminole Tribe of Florida are reviewing the
draft policy. Both Tribes have requested more time for review. The Council of Aboriginal
Peoples has reviewed and approved the draft policy with changes to contact information that as
noted in the redline version. Tribal comments are shown in Attachment 2.
Staff Recommendation:
That the Board receive staff's report on the Collier MPO Tribal Government-to-Government
Public Involvement Policy and postpone taking action until the effected Tribes have had
sufficient time to review and comment on the draft.
Staff anticipates bringing forward a revised draft to the Board to consider for adoption when
meetings resume in September.
Attachment(s):
1. Draft MPO Government-to-Government Public Involvement Policy
Tribal Comments on Government-to-Government Public Involvement
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12/12/2017
ATTACHMENT(S)
1. June 9 2017 MPO Board Agenda(Final) (DOCX)
2. MPO Resolution Tribal Communication(PDF)
3. 6-9-17 MPO Board Mtg Min (DOCX)
4. Collier MPO GTG Policy Adopted June 9 2017 (DOC)
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12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.H.1
Doc ID: 4361
Item Summary: Recommendation that the Board approve a Resolution adopting a Government-
to-Government Tribal Communication Policy Pertaining to Tribal Governments located in Collier
County, Florida.
Meeting Date: 12/12/2017
Prepared by:
Title: Executive Secretary to County Manager—County Manager's Office
Name: MaryJo Brock
12/06/2017 2:31 PM
Submitted by:
Title: County Manager—County Manager's Office
Name: Leo E. Ochs
12/06/2017 2:31 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/06/2017 2:36 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/06/2017 2:41 PM
County Attorneys Office Jeffrey A. Klatzkow Level 3 County Attorneys Office Review Completed 12/06/2017 4:12 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/06/2017 4:21 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
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s- C ^ - r, AGENDA
MPO
, Metropolitan
COLLIER(
Planning Organization
Metropolitan Planning Organization Board of County
Commissioners Chambers
3299 E. Tamiami Trail,Naples
June 9, 2017
9:00 a.m.
1. Call to Order 8. Regular Board Action(Roll Call Required)
lirC4.,
2. Roll Call A. Approval of Transportation Improvement 0
Program (TIP)for FY2018 -FY 2022
3. Pledge of AllegianceB. Approval of Amendment to FY2017—FY >
4. Approval of the Agenda and Consent Items 2021 TIPo
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A. Approval of May 12, 2017 MPO Meeting 9. Regular Board Action (No Roll Call) a
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Minutes A. Approval of MPO Priorities for 2017
B. Approval of Golden Gate City Walkable Approval of Regional Priorities for 2017
Community Study Selection&Fee0,-)C. Adoption of MPO Mission&Vision
C. Approval of Comprehensive Pathways Plan Statements
Selection&Fee Til
D. Approval of Fare Study Analysis Selection 10. Presentations (May Require Board Action) c
LT.
&FeeA. FDOT Presentation on SR951 PD&E Study 2,
E. Approval of Revised FY18 Transportation B. Report on Review of MPO By-Laws
Disadvantaged Planning Grant AllocationC. Report on MPO Tribal Government-to- ¢
5. Open to Public for Comments on Items not Government Public Involvement Policy -1
on the Agenda D. Report on Advisory Committee Attendance o
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6. Agency Updates 11. Member Comments
A. FDOT 12. Distribution Items
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B. MPO Executive Director 13. Next Meeting Date tz'
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7. Committee Chair Reports Meeting—September 8, 2017—9 a.m. 0
of County Board Commissioners Chambers =
A. Citizens Advisory Committee (CAC)
B. Technical Advisory Committee(TAC) 3299 East Tamiami Trail,Naples --s
C. Pathway Advisory Committee(PAC) o
D. Congestion Management System/ E
14. Adjournment
Intelligent Transportation System "
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Committee(CMS/ITS) L
E. Local Coordinating Board (LCB)
PLEASE NOTE:This meeting of the Collier Metropolitan Planning Organization(MPO) is open to the public and
citizen input is encouraged. Any person wishing to speak on any scheduled item may do so upon recognition of the
Chairperson.Any person desiring to have an item placed on the agenda shall make a request in writing with a
description and summary of the item,to the MPO Director or MPO Chairman 14 days prior to the date of the next
scheduled meeting of the MPO. Any person who decides to appeal a decision of this Board will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceeding is made,
which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the
Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting should
contact Anne McLaughlin,MPO Executive Director, 72 hours prior to the meeting by calling(239)252-8192. The
MPO's planning process is conducted in accordance with Title VI of the Civil Rights Act of 1964 and Related
Statutes. Any person or beneficiary who believes that within the MPO's planning process they have been
discriminated against because of race, color,religion, sex, age,national origin, disability,or familial sq Tinnyfila a
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complaint with the Collier MPO Executive Director,Anne McLaughlin at(239)252-8192 or by writing to Ms.
McLaughlin at 2885 South Horseshoe Dr.,Naples,FL 34104.
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RESOLUTION NO.2017-
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY,
FLORIDA ADOPTING A GOVERNMENT-TO-GOVERNMENT TRIBAL COMMUNICATION
POLICY PERTAINING TO TRIBAL GOVERNMENTS LOCATED IN COLLIER COUNTY,
FLORIDA
WHEREAS, on June 9, 2017, the Collier MPO adopted a Tribal Government-to-
Government Public Involvement Policy to promote and encourage communication and collaboration with
two federally recognized and a third established Tribal Government located within Collier County,
Florida;and
WHEREAS,the Board of County Commissioners of Collier County, Florida(the "Board")
a)
believes there is a benefit to adopting a similar proactive policy that memorializes the means of
communication, consultation and collaboration between the Board and those Tribal Governments when
the Board engages in processes or projects that may affect"Fribal governments,Tribal programs and Tribal
citizens;and
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WHEREAS, the Government-to-Government Public Tribal Communication Policy
attached hereto as Exhibit "A," sets forth the purpose, goals, core principles and the application of the ••
consultation policy in furtherance of establishing steadfast relations with the County's Tribal
Governments and its citizens. ‘t
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. The Collier County Board of Commissioners adopts the Government-to-Government Tribal
Communication Policy attached hereto as Exhibit"A."
2. The Government-to-Government Tribal Communication Policy shall take effect upon
adoption by the Board.
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This Resolution PASSED and duly adopted by the Collier County Board of Commissioners after
majority vote on this 12th day of December,2017.
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ATTEST: BOARD OF COUNTY COMMISSIONERS 2
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
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By: By:
PENNY TAYLOR, CHAIR
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
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Exhibit"A"
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS'
GOVERNMENT TO GOVERNMENT TRIBAL COMMUNICATION POLICY
1. Purpose: To promote, initiate and maintain a positive working relationship between the Collier
County Board of County Commissioners ("BCC") and Tribal governments through effective
collaboration and communication between the BCC and Tribes.
II. Goals of Tribal Consultation:
• To create durable relationships between the Tribes and the BCC based on a mutual respect that
promotes service to all the County's citizens.
• For the BCC to take a proactive approach to consultation by ensuring Tribal participation in BCC
processes that may affect Tribal governments, Tribal programs and Tribal citizens.
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a)
Ill. Definitions E
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a)
Collaboration: - Indicates a process in which two or more parties work together to achieve a common >
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set of goals. Collaboration is the timely communication and joint effort that lays the groundwork 0
for mutually beneficial relationships, including identifying issues and problems, identifying 7is
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solutions and providing follow-up as needed. .c.
Communication: - Refers to verbal, electronic or written exchange of information between the BCC and
the Tribe. Generally, posting information on a website or in the newspaper does not constitute cD
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consultation. Written correspondence, whether electronic or letter/postal format, should generally be
sent to the Tribe Chair with a copy to staff, requesting review and comment on specific plans or
projects that will affect a Tribe. While Tribal review may occur concurrently with public review, ...=
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Tribes are not considered the"public"for purposes of such communication.
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Consultation - Means that one or more parties confer with other identified parties in accordance with E
an established process and, prior to taking action(s), considers the views of the other parties and o
periodically informs them about action(s)taken. (.)
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Government-to-Government Relations: Refers to an intergovernmental relationship between a federally- Pc
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recognized Tribe and the BCC during which consultation, meetings, and communications occur c
between top-level officials of the BCC or its staff and the Tribe. o
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Tribal Sovereignty: Refers to a unique, political relationship between American Indians and the United -6
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States government that recognizes that Tribes are sovereign nations with recognized powers of self- ci)
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government. 0
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1V. Effected Tribes E
The two Federally-recognized Tribes with land holdings within or abutting Collier County are: c
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• The Miccosukee Tribe of Indians of Florida, represented by the Business Council,
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consisting of Chairman, Assistant Chairman, Treasurer, Secretary,and Lawmaker Z.I
Mailing address:
PO Box 440021
Tamiami Station
Miami, Fl 33144
Tel: 305-223-8380
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• The Seminole Tribe of Florida, represented by the Tribal Council comprised of Chairman,
Vice Chairman, Big Cypress Councilman, Brighton Councilman, and Hollywood
Councilman
Mailing address:
Attn: Chairman and General Counsel
6300 Stirling Rd
Hollywood, FL 33024
Tel: 239-354-5220 x 11402
This policy also extends to The Council of the Original Miccosukee Simanolee Nation Aboriginal
Peoples,which has not sought Federal recognition. The Council's contact information is as follows:
Bobby C. Billie,One of the Clan Leaders and Spiritual Leader 1.11,
Council of the Original Miccosukee Simanolee Nation Aboriginal Peoples
PO Box 1452
Lake Placid, FL 33862
Email: \t1411111`0.:, ,011, 0
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For FedEx deliveries mail to:
Bobby C. Billie
258 Boston Way
(t)
Lake Placid, FL 33852
V. Core Principles
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1. The BCC wishes to establish a Government-to-Government relationship and communication
protocol in recognition of the principle of Tribal sovereignty.
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2. The BCC recognizes that good faith, mutual respect, and trust are fundamental to meaningful t.)
collaboration and communication between governmental entities. .2
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3. Formal communication and consultation will take place between the BCC Chair or Vice Chair oc
and the Tribal Chair or Assistant/Vice Chair. Written notification in the form of an email or
letter requesting consultation may be initiated by either the Tribal government or the MPO and
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should include the following information: cc
• Identify the proposed action, program or project requiring consultation; and
• Identify the personnel authorized to consult on behalf of the BCC and the Tribe.
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4. Informal Communications may occur between BCC staff and designated Tribal staff members
on an as-needed basis. The BCC will include designated Tribal staff members or
representatives on email distribution lists to receive notifications of all upcoming BCC
advisory committee and Board meetings. BCC staff will provide convenient access to meeting
agendas and packets for review and be available to answer questions.
VI. Application of Tribal Communication Policy
1. The BCC will make a good-faith effort to review all proposed plans, policies, rulemakings,
actions or other processes that may affect or impact Tribal resources and determine whether
Tribal consultation or collaboration may assist in the process. The BCC will notify Tribal
governments and inquire whether Tribal consultation should occur. Tribal Officials have the
discretion whether to engage in the consultation process. Consultation will be initiated by formal,
written request.
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2. If the BCC does not receive a response from a Tribe requesting a response to a proposed plan,
project, process or other matter that may affect or impact a Tribal government, the BCC is
encouraged to follow up further with the Tribal government to ascertain its level of interest. If no
response is provided, the BCC believes that it is only appropriate to move forward after the
following: (a) directly contacting a Tribal government authorized representative to solicit its
participation, review and comment after providing sufficient time for the Tribe's review and
response; (b) that the direct communication/request for information or comment include a date
when the BCC would like the response; and (c) that a minimum of thirty (30) days be provided
for the Tribal government to provide for requests for information, or review and comment on
draft documents.
3. The BCC recognizes that formal consultation may not be required in all situations or interactions.
Tribal staff members and BCC staff may communicate on an as-needed basis. These
communications do not negate the authority of the BCC and the Tribes to pursue formal
consultation.
4. This policy will not diminish any administrative or legal remedies otherwise available by law to
the BCC or the Tribe. This policy shall not be construed to waive the sovereign immunity of any
party or create a cause of action for either party for failing to comply with this policy.
5. This policy is a working document and may be revised as needed. The BCC will consult
periodically with the Tribes to evaluate its effectiveness and determine the need for revision.
6. The policy shall become effective upon the date adopted by the BCC. .o
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COLLIER METROPOLITAN PLANNING ORGANIZATION(MPO)BOARD MEETING
Board of County Commissioners Chambers
3299 E.Tamiami Trail,Naples
9:00 a.m.
June 9,2017
Meeting Minutes
1. Call to Order
Commissioner Taylor called the meeting to order at 9 a.m.
2. Roll Call E
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Ms. Otero,MPO Senior Planner,called the roll and confirmed that a quorum was present. p
Members Present is
Commissioner Penny Taylor,Collier County BCC District 4,Chair
Commissioner William L.McDaniel,Jr.,Collier County BCC District 5,Vice-Chair
Commissioner Andy Solis,Collier County BCC District 2
Councilman Reg Buxton,City of Naples
Councilman Joe Batte,City of Marco Island
Members Absent
Mayor Sammy Hamilton, City of Everglades
Commissioner Donna Fiala,Collier County BCC District 1
Commissioner Burt Saunders,Collier County BCC District 3 03
Vice-Mayor Linda Penniman,City of Naples
MPO Staff
Anne McLaughlin,MPO Executive Director
Brandy Otero,MPO Senior Planner
Eric Ortman,MPO Senior Planner
Gabrielle Gonzalez,MPO Administrative Secretary
FDOT
Steve Walls
Bessie Reina
Victoria Peters
Zach Burch
David Turley
Others Present
Frank Denninger,Everglades Community Council
Joe Bonness,PAC
Joe Adams,PAC
Dayna Fendrick,PAC
Alan Musico,PAC
Gary Shirk,CAC
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Pam Brown,CAC
Seth Bain,Seminole Tribe
Tamara Paquette,member of public
Norman Feder,member of public
Lorraine Lantz,Collier County Transportation Planning
Trinity Scott,Collier County Transportation Planning
Nick Casalanguida,Deputy County Manager
Ned Baier,Jacobs Engineering
David Dangel,Inwood Consultants
Scott Teach,Deputy County Attorney
Beth Brainard,Naples Pathway Coalition
3. Pledge of Allegiance
Commissioner McDaniel led the Pledge of Allegiance. vs
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4. Approval of Agenda and Consent Items
A. Approval of May 12,2017 Meeting Minutes
B. Approval of Golden Gate City Walkable Community Study
C. Approval of Comprehensive Pathways Plan Selection&Fee R
D. Approval of Fare Study Analysis Selection&Fee
E. Approval of Revised FY18 Transportation Disadvantaged Planning Grant Allocation
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Councilman Batte: I move to approve the agenda and consent items. to
Commissioner McDaniel: I second the motion. c
THE MOTION CARRIED UNANIMOUSLY.
5. Public Comment for Items not on the Agenda
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Ms.Otero stated that there were several public speakers and she called the name of each.Public comments are summarized Q
below: c"
Ms.Marlene Sherman,resident of Countryside Golf&Country Golf and Chair of Community Relations Committee,stated
that she recently attended a Collier County Planning Commission(CCPC) meeting where a new property was discussed
that is expected to be developed South of County Barn Rd with approximately 250 new residents that will come in. She
added that there was a lack of facilities along County Barn Rd and that there were very deep ditches on the sides of the
road. She stated that this is a concern at night as there are no street lights or sidewalks. Ms. Sherman added that she has E
sent a request to Commissioner Fiala and she understood that lighting for that corridor would be considered in long range
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planning but she'd like to see that advanced.
Mr. Nick Casalanguida, Deputy County Manager, stated that he was in conversation with the Florida Department of
Transportation(FDOT) District Secretary concerning maintenance issues of pathways. He added that the State has said
that they will be transferring maintenance of pathways on state roadways to the County. Mr. Casalanguida stated that the
Metropolitan Planning Organization (MPO) Board should take up a formal conversation on this along with FDOT to
address this issue. He also stated that further clarification from FDOT was needed as this could have implications on
projects going forward. Mr.Casalanguida then addressed item 10.B., at the pleasure of the Board,discussing formats the
County has used on their committees. He stated that the County has combined committees in the past, such as the CCPC
and the Environmental Advisory Council (EAC). He added that the combination proved to be more efficient. Mr.
Casalanguida explained that combining committees allowed staff to be more efficient in presenting items and allowed
more dialogue amongst committee members. Mr. Casalanguida stated that the County has had success with this format
and that so long as there is a structure in place,efficiency can be achieved.
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Ms. Pam Brown, Citizen Advisory Committee(CAC)representative&citizen of Immokalee, stated that there has been a
lot of traffic fatalities North of Immokalee on SR 29. She added that there were no Project Development&Environmental
(PD&E)studies currently planned for that section of 29.Ms.Brown stated that she'd like to know whether funding for the
PD&E on other portions of SR29,South of Immokalee/Oil Well Road,Gator Slough on SR 82/29 and North to the Hendry
County line,can be reprogrammed to the South portion where there is a high volume of crashes. She also read from a crash
report stating that there has been a total of over 300 crashes over the last 6 months,with 248 involving property damage,
48 injury crashes,9 pedestrian crashes,and 9 bicycle crashes. Ms.Brown added that 1 or 2 of those have been fatalities.
Mr. Walls stated that FDOT has studied SR29 as one corridor and the projects North of Immokalee have ongoing design
being completed. He added that there are PD&E studies going on for the South section of SR29 and design was
programmed to begin in FY 2019.Mr.Walls added that he can meet with Ms.Brown to bring her up to date on what FDOT
has planned for the corridor.
Commissioner McDaniel suggested that this be brought back as an agenda item at their next meeting with statistics from
FDOT for further discussion.He clarified that it was his understanding that all sections of SR 29 were being studied either
currently or in the near future.
Discussion ensued amongst Board members concerning this topic. Ms. Brown then continued with her comments stating a
that her goal was to have this brought back as a formal agenda item,and thanked the Board. d
Mr. Walls stated that FDOT will be prepared to come back to the September Board meeting with further information to
address the Board's concerns.
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6. Agency Updates
A. FDOT
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Ms. Victoria Peters, FDOT District 1 Liaison, stated that FDOT announced the appointment of a new Department
Secretary, Mr. Mike Dew. She also stated that the resurfacing of 951 from the Jolly Bridge to Fiddlers Creek would be
advanced from FY21/22 to FY19.
Commissioner Taylor requested that FDOT address the concerns expressed by the Deputy County Manager on the new
maintenance agreement for pathways.Mr. Steve Walls stated that the department will be happy to meet with all entities in
Collier County who may be affected by this agreement and go through the entire document to explain all the requirements a.
and address any concerns.
B. MPO Executive Director
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None.
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7. Committee Chair Reports
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A. CAC
Mr. Shirk, CAC Chair, read from the committee chair report which detailed all items brought before the committee. He
also addressed the fact that there was no quorum at their last two meetings. He stated that most committee members have
had a good track record over the years and this is something new. He added that some of the absences have been due to
medical issues.Mr. Shirk stated that his concern was that many of the members who were absent did not call to state that
they would miss the meetings.He added that he didn't believe this was an emergency issue but that it should be addressed.
The full committee chair report can be made available to anyone who requests it.
Commissioner McDaniel asked MPO staff what the normal protocol is for reminding committee members that there is an
upcoming meeting.Ms.McLaughlin responded stating that staff sends out an email reminder with meeting dates and info
a week in advance where members are asked to inform staff if they will not be able to attend. She added that hard copies
of agenda packets are sent out by mail, also a week in advance. Ms.McLaughlin stated that after the first meeting where
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there was no quorum staff subsequently called members to remind them of upcoming meetings. She also stated that she
has spoken to those who have had excessive absences and will report on that under item 10.D.
B. TAC
Mr. Ortman, MPO Senior Planner, read from the Technical Advisory Committee (TAC) chair report. He discussed all
items brought before the committee and actions taken at the meeting.The full committee chair report can be made available
to anyone who requests it.
C. PAC
Ms.Fendrick,Pathways Advisory Committee(PAC)Chair,read from the committee chair report discussing all items that
were brought before the committee and actions taken at the meeting. She added that during a presentation on 951 made by
FDOT the committee requested that they add a 6ft sidewalk on the west side of that project if feasible instead of the 5ft
sidewalk they have planned. Ms. Fendrick also stated that the committee took note of the fact that there were no regional
priorities for Collier County this year and that they needed to work to come up with other regional connectors that can be
added to the list.The full committee chair report can be made available to anyone who requests it. 0.1
D. CMS/ITS (1)0
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Ms.McLaughlin read from the Congestion Management System/Intelligent Transportation System(CMS/ITS)committee
chair report detailing all items brought before the committee and actions taken. She added that the primary outcome of the
committees work on the Congestion Management Process (CMP) is a recommendation to perform a biennial system F
performance report which will identify congested roadway sections and intersections and aide the committee in developing r
priority projects to address congestion. Ms. McLaughlin stated that the committee feels that the funding hiatus, due to co
suspension of the 40/40/20 SU split, represents a good opportunity to do more planning. The full committee chair report nr
can be made available to anyone who requests it. _
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E. LCB
None.
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8. Regular Board Action(Roll Call) p
A. Approval of Transportation Improvement Program(TIP)for FY2018-FY2022
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Ms.Otero stated that there was one public speaker to be heard before the Board votes on this item.
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Ms. McLaughlin stated that staff was asking the Board to approve the FY2018-2022 TIP. She gave background on the
document explaining its purpose and how it is developed each year. Ms.McLaughlin stated that once the Board approved
the TIP it would go back to FDOT for their final approval. She also stated that the document was distributed for a 21-day
public comment period in accordance with the MPO's Public Involvement Plan (PIP) and no comments were received.
Ms.McLaughlin added that the TAC and PAC endorsed the document but that the CAC did not as they lacked a quorum.
Zis
Mr.Norman Feder,public speaker, stated that there were several events that have occurred over the past 5-10 years that
have changed the MPO process. Specifically,he stated that funds could not be rolled over from one year to the next which
was an issue for smaller MPOs that had to come up with big chunks of money to fund larger projects.Mr.Feder also stated
that the new maintenance agreement of multi-use paths was also an issue. He stated that he believed the MPO has moved
away from addressing the mobility of people and goods within the community.Mr.Feder stated that he believes the MPO
has done a lot of lower cost improvements instead of addressing the core issues and doing larger projects,which in turn
has diminished the Collier MPOs ability to compete for larger pools of federal and state funding.He continued by saying
that Collier has very little on FDOT's Strategic Intermodal System(SIS). He explained that smaller projects were placed
under the state and federal umbrella, meaning that projects cost significantly more because the DOT's costs are much
greater than local costs. He added that using local funds gets the biggest bang for the back with generally the same
specifications.Mr.Feder stated that the MPOs decision to suspend the SU split has segregated all policies and won't allow
the MPO to focus dollars on projects that will get the biggest bang for the buck,adding that projects do not come in three
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year chunks. Mr. Feder stated that it would be productive for the MPO to have a workshop with FDOT to discuss issues
such as the inability to roll funds from one year to the next,what funding sources are eligible for,and maintenance.
Commissioner Taylor asked Board members if there was a desire to have such a workshop with FDOT.The Board agreed
that it would be a good idea and Mr.Walls stated that FDOT would be pleased to have that workshop.
Discussion ensued amongst Board members and staff concerning what date would be best for this workshop. Board
members,FDOT,and MPO staff agreed that the workshop will be held directly following the September 8th MPO Board
meeting.
Commissioner McDaniel pointed out that there were several scrivener's errors in the TIP and he'd like to discuss those
with staff.He also asked that staff provide a delineation of all projects in the TIP and how funds were spent in the TIP.He
explained that he wants to know how much money is spent on each category such as landscaping,lighting,etc.
Commissioner McDaniel: I move to approve the TIP.
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Councilman Buxton: I second the motion.
as
Ms.Otero called the roll.
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Commissioner Taylor: Yes. Fs
Commissioner Solis: Yes.
Commissioner McDaniel: Yes.
Councilman Buxton: Yes. _
Councilman Batte: Yes.
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THE MOTION PASSED UNANIMOUSLY.
CO
B. Approval of Amendment to FY2017-FY2021 TIP p
Ms.Otero stated that FDOT requested that the MPO Board amend the FY2017-2021 TIP to advance the preemption project 2
for the City of Naples, as requested by the Board. She added that the project would fund preemption devices at 22
intersections. Ms. Otero added that the amendment had been released for a 21-day public comment period in accordance
with the MPO's PIP. «%
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Councilman Buxton: I move to approve the amendment.
Commissioner McDaniel: I second the motion.
Ms.Otero called the roll.
Commissioner Taylor: Yes.
Commissioner Solis: Yes.
Commissioner McDaniel: Yes.
Councilman Buxton: Yes.
Councilman Batte: Yes.
THE MOTION PASSED UNANIMOUSLY.
;Packet Pg 57$
16.H.1.c
9. Regular Board Action(No Roll Call)
A. Approval of MPO Priorities for 2017
Ms. Otero stated that the 2017 MPO priorities included highway,bridge,CMS,pathway,and transit priorities. She added
that the MPOs new funding policy would begin in the 5th year of the TIP.Ms.Otero provided background on the origination
of the proposed priorities,adding that all of them have been vetted through the MPO's various committees and many were
endorsed by the Board in the past. She also stated that the staff was in the process of updating the CMP,and the next time
funding for CMS projects would be available is for FY 2025. Ms. Otero added that there were no additions to pathways
priorities as there was currently a backlog of unfunded projects.
Commissioner McDaniel asked if it whether the priorities should be changed to include an updated bridge study for the
future. Ms. Otero responded stating that it was best to transit the list as is to FDOT and bring forward new priority
suggestions in the next year.
Commissioner McDaniel: I move to approve the 2017 MPO Priorities.
Councilman Buxton: I second the motion.
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THE MOTION CARRIED UNANIMOUSLY. To
B. Approval Regional Priorities for 2017 F-
Ms.Otero stated that the priorities being submitted for approval were Transportation Regional Incentive Program(TRIP),
Regional Transportation Alternatives Program(RTAP),and SIS priorities. She went on to explain that eligibility for TRIP
funding required roadways to be on the regional map which is adopted in conjunction with Lee County. She added that
TRIP requires a 50%match.Ms.Otero stated that Collier County submitted 5 TRIP applications and provided the location
of each. She went on to state that there were no applications received from Collier County agencies for RTAP priorities
and that the list presented to the Board consisted of Lee County's priorities.Ms.Otero explained that the SIS priorities had 2
to be on the SIS network, currently the region has I-75, SR 80, and SR 29. She added that SR 31 and SR 32 were part of03
the emerging SIS facilities.She continued to explain the way the SIS projects were prioritized.Ms.Otero stated that FDOT mo
requires submittal prior to July 1st and a resolution is required for approval. p
a-
Commissioner Taylor asked what FDOT was planning on SR 31 and questioned why it was a SIS facility.Mr.Walls stated 2
that he didn't believe the area was in Collier County and that the road was identified as an emerging SIS facility.
Commissioner Taylor also asked what was being anticipated on Oil Well Road and what the time frame was for that
project. Ms. Scott responded stating that Oil Well Road from Everglades Blvd. to Oil Well Grade Road has been on the
Long-Range Transportation Plan (LRTP) for many years and this is the last portion of Oil Well Road that needs to be E
widened. She added that the LRTP identified widening from 2 lanes to 6 lanes and that the County would be applying for
TRIP funds in FY 2020/21,meaning that it's further out in the work program.
Councilman Batte: I move to approve the priorities.
Councilman Buxton: I second the motion.
THE MOTION CARRIED UNANIMOUSLY.
During this item staff noticed that there was a public speaker registered for item 9.A.whom was skipped,she spoke at this
moment and her comments are summarized below:
Ms.Tamara Paquette,concerning item 9.A.,stated that it was important that the MPOs priorities were keeping the citizens
in mind,especially those in Immokalee, and not for any one particular interest.
C. Adoption of MPO Mission&Vision Statements
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Ms. McLaughlin stated that this item was a follow-up to prior discussions and the Board's requests to draft a vision and
mission statement. She explained the difference between a vision and mission statement and presented a compilation of
various statements from other MPOs as well as several options for the vision&mission statements for Collier MPO.
Commissioner Solis stated that he preferred the first mission and vision statements. There was consensus amongst Board
members.
Commissioner McDaniel: I move to approve vision statement#1 and mission statement#1.
Councilman Batte: I second the motion.
THE MOTION CARRIED UNANIMOUSLY.
10. Presentations
A. FDOT Presentation on SR951 PD&E Study
Mr. David Turley, FDOT PD&E Project Manager, stated that this was a Statewide Acceleration and Transformation
(SWAT)project, which meant that the PD&E and design process would be overlapped so that the process moves more
quickly.He introduced Mr.David Dangel,Inwood Consultants.
Mr. Dangel presented a Power Point in which he discussed project limits, work to be done, and project cost. Mr. Dangel
explained the current conditions of the roadway and bridges and stated that proposed changes involved widening the
roadway to 6 lanes. He added that there would be a little bit of widening along the shoulder,addition of a I Oft shared use M
path along the road, and addition of a 5ft sidewalk. He noted that the PAC requested to have a 6ft sidewalk instead and
that the team was considering whether that would be feasible. Mr. Dangel continued with his presentation further
explaining alternatives,Right of Way acquisition, schedule, and overall cost of about 11.8 million dollars. He added that
ROW acquisition and construction was not currently funded in the FDOT Five Year Work Program, but the LRTP
identifies funding for construction in the 2026-2030 timeframe. Mr. Dangel added that there would be a public meeting 2
held at the Rookery Bay Environmental Learning Center on June 15th. The presentation can be made available to anyone as
who requests it. m
Commissioner McDaniel asked for further explanation on the 2 million dollars appropriated for "minor" right of way 0.
(ROW).Mr.Dangel responded stating that he used the term"minor"in reference to the impact,not that the cost would be ti
"minor". He further explained that there were two storm water ponds proposed in this plan which would require some
ROW acquisition which total about$300,000,the construction of the storm water ponds would comprise the remaining of a'
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that 2 million.
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Commissioner Taylor asked what was planned further out beyond Manatee Rd.Mr.Turley responded that when the project
was first proposed it was supposed to continue further south however,the Florida Highway Administration(FHWA)did v
not see the need to go further south as there were many obstacles with storm water and environmental issues beyond that.
to
He added that if the Board wanted to add that portion that they would need to add it back into the LRTP in the future. Q
Councilman Batte stated that the section beyond Manatee should also be looked at. Mr. Walls stated that the current
proposal takes into consideration future development in the area and beyond. He added that this can be looked at further
at a later date.
Discussion ensued amongst Board members concerning Mr.Dangel's presentation.The presentation can be made available
to anyone who requests it.
Public comment was heard at this point;comments are summarized below:
Mr.Norman Feder stated that the Board may want to look at making the proposed 10ft multi-use pathway on the East side
an 8ft path instead so that County wouldn't be required to take on the maintenance.
Packet Pg. 1580
16.H.1.c
Mr. Walls stated that this was something that should come through the process and the that the County can propose this
change.
Ms. Trinity Scott stated that she attended a meeting on May 19th where the new maintenance agreement was brought up
adding that many things in the agreement were alarming. She stated that Secretary Nandam had indicated that the State
was willing to maintain an 8ft sidewalk and that the County would prefer an 8ft sidewalk so that the County would not be
required to assume maintenance responsibilities. Ms. Scott added that as plans are updated,the maintenance agreement is
something that needs to be discussed, and for plans that are already in process it should be considered during the PD&E
portion.
Commissioner Taylor requested that staff draw up a letter to that effect, stating that the MPO Board would like the
department to consider and 8ft path instead.There was consensus from the Board.
Ms. Scott clarified that neither the MPO Board nor the County has made a commitment regarding the maintenance yet.
Mr. Walls responded that until the document was signed there was no commitment.
The Board took a 10-minute break,and reconvened at 11 a.m.
Upon return from break Mr.Zach Burch stated that comments for the proposal on 951 can be sent by mail,email,or even
over a phone call to FDOT if any member of the public cannot attend the public meeting.He added that all comments are
weighed the same and taken with much seriousness,regardless of their format in which they are submitted.
B. Report on Review of MPO By-Laws
Ms. McLaughlin stated that staff has reviewed the MPO by-laws based on Board's direction at their last meeting. She to
explained that she researched and reviewed four other MPOs by-laws and compared them to those of Collier MPO. She
found that most MPOs had the same characteristics in terms of membership structure and responsibilities on their TAC
and CAC, as do we, but that PAC structures and responsibilities vary amongst MPOs. Ms. McLaughlin explained that
based on her experience in the field and research she's conducted,it is the TAC who is in the driver's seat when producing
plans for the MPO as transportation planning is a very technical field. She added that there were lots of design standards,
nomenclature,and issues that a technical person would be best suited to provide feedback on. P.
Ms. McLaughlin also discussed issues with absences across all committees, stating that there are requirements in the
bylaws for dealing with absences. She continued discussing PAC membership,adding that the membership seems to vary o..
across MPOs but that there is generally a geographic diversity and a diversity in experience and expertise. She explained
that this could include having representatives from the Department of Health, safety experts, and local advocacy groups.
Ms.McLaughlin recommended that the MPO establish term limits and consistency in language pertaining to removal from
office, and integrate the mission statement into the bylaws. She also recommended transferring oversight of the
Comprehensive Pathways Plan(CPP)to the TAC.She explained that the 2012 plan contained good data and strong analysis
and that it was a concern that the plan was not implemented by the PAC and that projects pushed forward may not reflect
the 2012 plan. Ms. McLaughlin provided some alternatives for the makeup of the PAC including adding TAC members
to the PAC,having joint quarterly PAC/TAC meetings,or keep things the way they are currently. ct
Public comment was heard at this point. Comments are summarized below:
Mr.Musico expressed his concern for combining the TAC with PAC or giving control of the CPP over the TAC. He stated
that he believed the Board was better served keeping them both separate and having a natural dynamic and interaction
between the two groups. He added that the PAC does not just pick any projects that are submitted, stating that they have
developed a very robust scoring model that proved an effective way to prioritize projects. Mr.Musico stated that he would
advocate for a County staff person to have a seat on the PAC to provide technical advice.He also stated that the 2012 plan
contained big gaps in data as it did not look at ROW that was already attained and road projects in the works. He also
added that the GIS data in the plan was wrong and it was never corrected.Mr.Musico reiterated that the Board would be
best served by keeping the PAC as a separate entity and adding County Staff to its members.
Mr. Feder stated that he has worked closely with the PAC in the past and they he believes they do a very good job. He
stated that the Board should acknowledge the work they have done to make sure commitment from the group is maintained.
Packet Pg. 1581
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Mr. Feder stated that it was a requirement to have a TAC and CAC but that there was no requirement to have a pathways
committee. He added that the PAC was developed when the MPO noticed that there wasn't much attention given to
pathways issues. Mr. Feder recommended that the PAC and CAC be joined together, and that the TAC should bring
forward technical merit for projects.
Mr. Joe Adams, PAC member, stated that he agreed with Mr. Musico's statement. He stated that term limits were not a
good idea because wisdom was gained with experience.He added that he was on the PAC because he felt the need to give
back to the community,and all the members on the committee were at-large and interested in the community as a whole.
Mr.Adams added that the committee would be well served with a technical advisor on the committee to address technical
issues on projects before the PAC submits them.
Ms.Fendrick stated that the committee has developed a great project selection process over the years. She added that the
PAC does need technical input during the process. Ms. Fendrick stated that although the 2012 plan was good, it was
missing GIS and safety data. The committee recognized the need for safety data and conducted the 2015 bike/pedestrian
safety study which provided good information. She added that the committee has been diligent in seeking public input and
providing first hand knowledge.
Commissioner Taylor asked Ms. Fendrick's opinion on combining the PAC with the CAC as Mr. Feder had suggested.
Ms.Fendrick responded stating that she believed it best to keep separate entities in order to focus on bike/pedestrian issues.
She added that having a formalized technical member may help.
Ms. Beth Brainard, Naples Pathways Coalition, stated that she believed that it was important to keep the voice of the
citizens who are involved in multi-modal transportation involved in the decision making process.She expressed agreement
with Mr. Feder's suggestion to combine the PAC and CAC. She added that there are great members on the PAC but
something is clearly not working when projects are going in one area and other areas seemed to be ignored.
Discussion ensued amongst Board members. They discussed their opinions on the subject specifically concerning term
limits,committee structure,membership,responsibility amongst other ideas.
Mr.Teach stated that whatever suggestion came out from this would have to be looked at for compliance with the Sunshine
Law. He stated that he would get with MPO staff to ensure everything was in the Sunshine.
Public comment continued,comments are summarized below:
Ms.Trinity Scott stated that her staff is already at every PAC meeting and she'd be fine with formalizing their membership.
Her only concern was the sunshine law as it prohibits conversations outside of the meetings. She stated that perhaps there
should be a formalized commitment from technical staff of other entities to attend meetings and provide feedback.
Mr. Shirk stated that he has served on both the PAC and CAC. He stated that the CAC looks at broader issues while the
PAC zeros in on issues with connectivity and pathways. Mr. Shirk stated that it was not a good idea to combine the two E
committees as public input may be diluted.
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There was further discussion amongst Board members and the Executive Director.Ms.McLaughlin stated that her greatest
concern was that the 2012 plan had not been implemented.She added that the committee was sort of at a standstill because
staff had to keep bringing back safety data,crash data,EJ data,and state requirements in an effort to get them to prioritize
based on the data provided. She expressed heavy concern that the MPO was not able to move forward because the
committee was not taking note of this data and planning based on it. Ms. McLaughlin added that she was looking to
maintain citizen input but also have technical input,and a technical force driving the plan.
Discussion continued amongst Board members concerning the topic and what each individual Board member believed
should be done to handle this.
Commissioner McDaniel stated that there should be term limits and that the TAC should have a seat on the PAC.
Commissioner Solis was not in favor of term limits. He discussed having broad representation and meetings that were
accessible to the working public.He deferred to Ms. McLaughlin's recommendation to merge the TAC and PAC.
Packet Pg. 1582
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Councilman Buxton stated that there should be term limits,broad representation,and that the TAC should have control of
developing the CPP.
Councilman Batte stated asked that the Board should not give specific direction today until other Board members that were
absent could comment. He added that he believed the PAC was doing a good job and that they should remain a separate
entity with technical assistance to vet their plans. Councilman Batte was not in favor of term limits nor in favor of
transferring responsibility of the CPP to the TAC.
Commissioner Taylor stated that she favored term limits,broad representation,and possibly merging the TAC with PAC.
She added that she did not believe a citizens group has the proper knowledge to develop a technical plan. She asked Ms.
McLaughlin to flush this out and bring it back to the Board for action in September.
C. Report on MPO Government to Government Public Involvement Policy
)»
Ms. McLaughlin reported on the background of the development of this policy. She added that the Miccosukee and
Seminole Tribes had provided a letter in support of the policy.The Seminole Tribe and the Council of Original Miccosukee
Simanolee Nation Aboriginal People also provided updated contact info.Ms.McLaughlin encouraged the Board to adopt L
the plan.
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Public comment was heard at this point;comments are summarized below:
Mr. Seth Baine, Seminole Tribe, stated that the Tribe reviewed the entire policy and was fully in support. He added that
there were no substantive changes besides a change in address.
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Councilman Buxton: I move to approve the Policy.
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Commissioner Solis: I second the motion.
THE MOTION CARRIED UNANIMOUSLY.
D. Report on Advisory Committee AttendanceCO
Ms. McLaughlin stated that the current policy stated that 4 out of 6, or three consecutive absences equaled termination
from a committee. She stated that perhaps there should be excused absences or a warning before terminating a member.
Ms. McLaughlin stated that she had reached out to all members who have had excessive absences this year and several
expressed that they have had medical issues but that they wished to remain on the committees. Mr. Tom Dunne, CAC
member, stated that he would like to resign from the committee. Mr. Jim Klug, PAC member, is willing to resign if it's
the Board's wish. Ms. McLaughlin stated that she will work on writing in excused absences etc. and will bring this item
back to the Board in September.
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11. Member Comments
Commissioner McDaniel expressed his excitement for the relocation of FDOT headquarters from Bartow to Ft.Myers.
Commissioner Solis thanked all committee members and stated that their work is greatly appreciated.
Commissioner Taylor requested an update on the Rich King Pathway project. She also asked that FDOT provide a
presentation on the SIS and why the Immokalee Airport fell of off the SIS list.
12. Distribution Items
None.
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13. Next Meeting Date
Friday, September 8th at 9 a.m.—Workshop with FDOT after regular meeting
14. Adjournment
With no further items to discuss Commissioner Taylor adjourned the meeting at 12:35 p.m.
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COLLIER MPO TRIBAL GOVERNMENT TO GOVERNMENT POLICY
Adopted June 9, 2017
I. Purpose: To promote Tribal involvement in the MPO planning process; initiate and maintain a
positive working relationship between the MPO and Tribal governments; promote effective
collaboration and communication between the MPO and Tribes.
II. Goals of Tribal Consultation:
• To create durable relationships between the Tribes and the MPO based on a mutual respect that
promotes coordinated transportation partnerships in service to all of our citizens. CD
I
• For the MPO to take a proactive approach to consultation by ensuring Tribal participation in
MPO planning processes that may affect Tribal governments,Tribal programs and Tribal citizens.
III. Consultation Requirements
0
Federal Transportation Planning Requirements 2
23 USC§ 135(f)(2)c applies to FDOT, as follows: "With respect to each area of the State under the
jurisdiction of an Indian Tribal government, the statewide transportation plan shall be developed in
consultation with the Tribal government."
23 CFR § 450.316(c), Interested parties, participation and consultation, applies to MPOs where an
MPO includes Indian Tribal lands and provides: N
0,
• "When the MPO includes Indian Tribal lands, the MPO(s) shall appropriately involve the Indian
Tribal government(s) in the development of the metropolitan transportation plan and the
TIP."
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23 CFR§450.316(e), Interested parties, participation and consultation, provides: -a
ct
• "MPOs shall, to the extent practicable, develop a documented process(es) that outlines roles,
responsibilities, and key decision points for consulting with other governments and agencies, a
as defined in paragraphs (b), (c), and (d) of this section, which may be included in the
agreement(s) developed under§450.314."
In addition to the above-referenced consultation requirements, if a Tribe wishes to access federal a
transportation funds available to MPOs, the Tribe must do so through the MPO processes as 2
provided by law. °'
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IV. Definitions v
Collaboration: — Indicates a process in which two or more parties work together to achieve a
common set of goals. Collaboration is the timely communication and joint effort that lays the t
groundwork for mutually beneficial relationships, including identifying issues and problems,
identifying solutions and providing follow-up as needed.
Communication: - Refers to verbal, electronic or written exchange of information between the MPO
and the Tribe. Generally, posting information on a website or in the newspaper does not
constitute consultation. Written correspondence, whether electronic or letter/postal format,
should generally be sent to the Tribe Chair with a copy to staff, requesting review and comment on
specific plans or projects that will affect a Tribe. While Tribal review may occur concurrently with
public review,Tribes are not considered the"public"for purposes of such communication.
1
ate,(, a. I
16
Consultation— Means that one or more parties confer with other identified parties in accordance with
an established process and, prior to taking action(s), considers the views of the other parties and
periodically informs them about action(s) taken. (See 23 CFR Part 450 Planning Assistance and
Standards, subpart A§450.104).
Government-to-Government Relations: Refers to an intergovernmental relationship between a
federally-recognized Tribe and the MPO Board during which consultation, meetings, and
communications occur between top-level officials of the MPO and the Tribe.
Tribal Sovereignty: Refers to a unique, political relationship between American Indians and the United
States government that recognizes that Tribes are sovereign nations with recognized powers of self-
government.
V. Effected Tribes E
m
The two Federally-recognized Tribes with land holdings within or abutting Collier County are:
• The Miccosukee Tribe of Indians of Florida, represented by the Business Council, as
consisting of Chairman, Assistant Chairman,Treasurer,Secretary, and Lawmaker
Mailing address:
PO Box 440021
Tamiami Station ,.
Miami, Fl 33144 N
(o) 305-223-8380 0�
• The Seminole Tribe of Florida, represented by the Tribal Council comprised of Chairman,
Vice Chairman, Big Cypress Councilman, Brighton Councilman, and Hollywood Councilman
a
Mailing address:
Attn: Chairman and General Counsel v
6300 Stirling Rd o.
Hollywood, FL 33024
(o) 239-354-5220 x 11402
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This policy also extends to The Council of the Original Miccosukee Simanolee Nation Aboriginal
Peoples, which has not sought Federal recognition. The Council's contact information is as
0
follows: 0
Bobby C. Billie,One of the Clan Leaders and Spiritual Leader
Council of the Original Miccosukee Simanolee Nation Aboriginal Peoples
PO Box 1452
Lake Placid, FL 33862
Email:Ancientrees@hotmail.com
For FedEx deliveries mail to:
Bobby C. Billie
258 Boston Way
Lake Placid, FL 33852
VI. Core Principles
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16,11.14
1. The MPO wishes to establish a Government-to-Government relationship and communication
protocol in recognition of the principle of Tribal sovereignty.
2. The MPO recognizes that good faith, mutual respect, and trust are fundamental to
meaningful collaboration and communication between governmental entities.
3. Formal communication and consultation will take place between the MPO Chair or Vice Chair
and the Tribal Chair or Assistant/Vice Chair. Written notification in the form of an email or
letter requesting consultation may be initiated by either the Tribal government or the MPO
and should include the following information:
• Identify the proposed action, program or project requiring consultation; and
• Identify the personnel authorized to consult on behalf of the MPO and the Tribe. 0
4. Informal Communications may occur between MPO and designated Tribal staff members on
an as-needed basis. The MPO will include designated Tribal staff members or representatives c7
on email distribution lists to receive notifications of all upcoming MPO advisory committee 2
and Board meetings. MPO staff will provide convenient access to meeting agendas and
packets for review and be available to answer questions.
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VII. Application of Tribal Consultation Policy
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1. The MPO will make a good-faith effort to review all proposed plans, policies, rulemakings, a)
actions or other aspects of the transportation planning process that may affect or impact Tribal
resources and determine whether Tribal consultation or collaboration may assist in the process.
The MPO will notify Tribal governments and inquire whether Tribal consultation should occur. d
Tribal Officials have the discretion whether to engage in the consultation process. Consultation c
will be initiated by formal,written request.
2. If the MPO does not receive a response from a Tribe requesting a response to a proposed plan,
project or other matter that may affect or impact a Tribal government, the MPO is encouraged a
to follow up further with the Tribal government to ascertain its level of interest. If no response cD
is provided, the MPO believes that it is only appropriate to move forward after the following: F'
(a) directly contacting a Tribal government authorized representative to solicit its participation, p
review and comment after providing sufficient time for the Tribe's review and response; (b) that 2
the direct communication/request for information or comment include a date when the MPO
would like the response; and (c) that a minimum of thirty (30) days be provided for the Tribal
government to provide for requests for information, or review and comment on draft U
documents.
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3. The MPO recognizes that formal consultation may not be required in all situations or r
interactions. Tribal staff members and MPO staff may communicate on an as-needed basis.
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These communications do not negate the authority of the MPO and the Tribes to pursue formal
consultation.
4. This policy will not diminish any administrative or legal remedies otherwise available by law to
the MPO or the Tribe.This policy shall not be construed to waive the sovereign immunity of any
party or create a cause of action for either party for failing to comply with this policy.
5. This policy is a working document and may be revised as needed. The MPO will consult
periodically with the Tribes to evaluate its effectiveness and determine the need for revision.
6. The policy shall become effective upon the date signed by the MPO Chair following approval by
the MPO Board.
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