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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 Page 2 of 4 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 f le: / /C: \AgendaTest \Export\ 114- October% 2014, %202008 \10. %2000UNTY %20MANAG... 10/8/2008