Resolution 2004-257
RESOLUTION NO. 2004-257
A RESOLUTION RELATING TO THE COUNTY'S PLANS TO CONSTRUCT
THE GOLDEN GATE OVERPASS; STATING THE INTENTION OF THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO
RESPOND IN KIND TO THE NAPLES CITY COUNCIL INITIATION OF
THE CONFLICT RESOLUTION PROCEDURES OF THE FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT, CHAPTER 164,
FLORIDA ST A TUTES; SPECIFYING THE ISSUES OF CONFLICT;
AUTHORIZING AND DIRECTING THE COUNTY MANAGER WITHIN
FIVE DAYS TO SEND A LETTER IN ACCORDAKCE WITH SECTION
164.1051, AND CERTIFIED COPY OF THIS RESOLUTION TO THE
NAPLES CITY MANAGER BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County intends to construct an overpass on Golden Gate Parkway
over Airport-Pulling Road, a small portion of which lies within the City limits of the City of
Naples however wholly within County owned right-of-way, and
WHEREAS, the failure to construct the overpass is deemcd by the Board of County
Commissioners to be inimical to the health, safety and welfare ofthe residents, visitors, workers,
and travelers in Collier County; and
WHEREAS, the regulation of County Roads has been preempted by the Florida
Legislature to the Board of County Commissioners; and
WHEREAS, Golden Gate Parkway is a County Road.
NOW THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY BOARD OF
Section 1.
COUNTY COMMISSIONERS:
Section 2.
Section 3.
Section 4.
The Board of County Commissioners hereby states its intention to invoke
the Florida Governmental Conflict Resolution Act, Chapter 164, Florida
Statutes, with the City of Naples, concerning the City's indication of its
intent to engage in litigation to halt or impede Collier County's plans and
intention to construct an overpass on Golden Gate Parkway over Airport-
Pulling Road. The procedures are intended to be invoked prior to the
filing of court proeeedings.
The issues of thc contlict include the necessity for the County to construct
an overpass; whether there is prcemption by the Legislature to the County
for thc planning of County roads; whether the City will concede that the
County is vested in the Golden Gate Overpass; whether there is lack of
any further need for the County to consider either other alternatives or the
feasibility of other alternatives; whether thcrc cxists any lawful authority
by the City to halt or delay the construction of the Golden Gatc Overpass.
The justification for instituting the conflict resolution process is that the
County believes the City may not have considered all alternatives to
litigation of this contlict or the ramifications and cost of such litigation.
The proposed date and location for the asscssment meeting is Octobcr 5,
2004, at 1 :30 p.m., in Courtroom 3 C, at the Collier County Courthouse,
located on 3301 Tamiami Trail East, Naples, Florida 34102.
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Section 5.
Section 6.
Section 7.
Collier County also wishes to have a facilitator present to frame the issues
and shall suggest a neutral party, with the costs shared equally by both
parties.
The County Manager is authorized and directed to send a letter by
certified mail, return receipt requested, along with a certitied copy of this
resolution to the City Manager within 5 days of adoption of this
rcsolution, conforming with the requirements of stating the cont1ict,
Southwest Florida Regional Planning Council; the Metropolitan Planning
Organization, and other governmental entities in conflict not yet
identified, the justification for initiating the contlict resolution process in
response to the City of N aplcs' actions, the proposcd date and location for
the conflict assessment meeting (see Section 4), and suggestions as to all
officials, who should be present. The County is also authorized and
directed to mail a copy ofthis resolution to the state of Florida Department
of Transportation, the State of Florida Department of Community Atfairs,
the Regional Planning Council and the Metropolitan Planning
Organization.
This resolution shall take effect immediately upon adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
This Resolution adopted this 11 th day of September 2004 after motion, second and
ATTEST:
DWIGHT E. B~9~'(~}erk
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Approved as to form an'd
legal sufficiency:
majority vote favoring it.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Item #
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