Agenda 10/14/2008 Item #10HAgenda item No. 10H
October 14, 2008
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners approves and
authorizes the Chairman to sign a joint letter from Collier County and Broward County to
the Florida Department of Transportation expressing unified opposition to the leasing of
Alligator Alley to private entities
Obiective: To communicate to the State of Florida, the Florida Department of Transportation
(FDOT), the Florida Legislature, county governments statewide and all residents that from the
beginning Collier and Broward counties have been unified in their opposition to the privatization
of Alligator Alley and they continue to be.
Considerations: At a recent Florida Association of Counties (FAC) Conference in Clearwater
(September 24 -26), a County Commissioner said at a Finance, Transportation and
Administration Policy Committee meeting during an Alligator Alley discussion that Florida
Department of Transportation (FDOT) Secretary Stephanie Kopelousos had said Collier and
Broward counties were disputing allocations of funds between the two counties.
Following the meeting, Collier County staff, Broward representatives and FAC staff discussed
this issue and concluded that there is no feud between the two counties. In fact, there exists a
bond in that both Collier and Broward have shared the position of opposing the lease since the
�-^ beginning when both Boards of County Commissioners passed Resolutions to that effect.
At the FAC Conference in September it was recommended that a joint letter be written to
demonstrate that Collier and Broward counties are together on this issue.
Fiscal Impact: There is no fiscal impact associated with this Executive Summary.
Growth Management Impact: There is no growth management impact associated with this
Executive Summary.
Legal Considerations: The County Attorney has reviewed this proposed letter and has no
objections. -JAK
Recommendation: That the Collier County Board of County Commissioners approves and
authorizes the Chairman to sign a joint letter from Collier County and Broward County to the
Florida Department of Transportation expressing unified opposition to the leasing of Alligator
Alley to private entities.
Prepared by Debbie Wight, Assistant to the County Manager
Agenda Item No. 1 O
October 14, 2008
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October 8, 2008
Stephanie C. Kopelousos, Secretary
Florida Department of Transportation
605 Suwannee Street
Tallahassee, FL 32399 -0450
Re: Alligator Alley Concession Agreement
Dear Secretary Kopelousos:
On behalf of the Boards of County Commissioners of Collier and Broward Counties, we
are writing to express our continued opposition to the Florida Department of
Transportation's (FDOT) efforts to lease Alligator Alley to private entities.
We have recently learned you have expressed to one of our North Florida colleagues
your belief that Broward and Collier counties oppose this project because of a
disagreement over which county should receive the larger share of revenues produced
from the proposed concession. Let us reassure you that both counties have opposed
the privatization of Alligator Alley from the beginning, we have unanimously passed
resolutions expressing the reasons for our opposition, and the opposition to leasing
Alligator Alley to foreign firms is overwhelmingly disfavored by our residents.
Please have no doubts that Broward and Collier counties are united in our strong
opposition to privatizing Alligator Alley. Indeed, the only obvious disagreement is with
the Department's continued rush to lease the Alley in view of opposition from the public
and local elected officials.
As you may be aware, we have advised FDOT district officials of our concerns with the
Department's current proposal, which are both philosophical and practical issues. The
following are some of our practical concerns with the project:
We have sought clarification from FDOT as to why fire and rescue expenditures
made by our counties cannot be reimbursed from current project revenues when
the state intends to use such revenues to defray its state law enforcement costs.
To date, we have not received an answer from the Department concerning this
apparent double standard in reimbursing emergency first responder services.
• We have sought assurance that FDOT is maintaining adequate control over
rights -of -way along the Alley to secure the ability to undertake future competitive
transportation initiatives (e.g., regional rail service along the Alligator Alley
corridor). Once again, no response has been received.
• We have concern over how the quality and efficiency of services provided along
the Alley today will be maintained if the Department ultimately enters into its
- proposed long -term lease for Alligator Alley. It would appear that, if the Alley is
Agenda Item No. 1CH
October 14, 2003
Page 3 of 4
leased, the private concessionaire will be responsible for providing such
necessary services, which will likely be achieved through subcontracts. Will the
Department have the ability to address service deficiencies directly with the
selected firm's subcontractors, or will it simply address subcontractor deficiencies
through the selected firm?
At public hearings and in private meetings, FDOT officials have declared that, by
law, revenues received from the project must be used to fund transportation
projects in Broward and Collier Counties. We have sought assurance in this
regard and were told provisions in the draft concession agreement address this
issue. More specifically, it was represented to us that "upfront" revenues the
Department receives at closing, and excess revenues collected during the
project's life, will be used exclusively for transportation projects in Broward and
Collier Counties as approved by the respective Boards of County
Commissioners. Unfortunately, the Department has yet to make available the
citations to these provisions, despite repeated requests for this information.
To close, our counties and the Department have and continue to work in partnership to
confront the critical transportation needs in our respective areas. Our objective is
always to improve the methods for moving the people and goods so vital to our state.
We hope the Department will work with our two counties to address all our concerns
before making any final decision to privatize Alligator Alley.
If you or your staff has any questions, please feel free to contact us.
Sincerely,
Lois Wexler, Mayor Tom Henning, Chairman
Broward County Collier County Board of County Commissioners
LW&TH /PL/EGL:cmt
C: Collier County Board of County Commissioners
Broward County Board of County Commissioners
Jim Mudd, County Manager, Collier County
Bertha Henry, County Administrator, Broward County
Pamela L. Madison, Assistant County Administrator, Broward County
Debbie Wight, Assistant to the County Manager
Pamela Landi, Governmental Relations Manager, Broward County
Page I of 1
Agenda Item No. 10H
October 14, 2008
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 10H
Item Summary: Recommendation that the Collier County Board of County Commissioners approves and
authorzes the Chairman to sign a joint letter from Collier County and Broward County to the
Florida Department of Transportation expressing unified opposition to the leasing of Alligator
Alley to private entities. (Debbie Wight, Assistant to the County Manager)
Meeting Date: 10/14/2008 9:00:00 AM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 101812008 3:37 PM
Approved By
James V. Mudd County Manager Date
Board of County 1018/2008 4:25 PM
County Manager's Office
Commissioners
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