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Agenda 11/14/2008 W BOARD OF COUNTY COMMISSIONER'S PRE 2009 LEGISLATIVE SESSION WORKSHOP MEETING AGENDA NOVEMBER 14, 2008 . . . . Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: (239) 252-8848 ~\\w.collicr1..!.o~:...nct November 7, 2008 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING PRE 2009 LEGISLATIVE SESSION WORKSHOP COLLIER COUNTY, FLORIDA FRIDAY, NOVEMBER 14, 2008 1-4P.M. Notice is hereby given that the Collier County Board of County Commissioners and the Collier County Legislative . Delegation will meet for a joint Pre 2009 Legislative Session Workshop on Friday, Nov. 14 from 1 to 4 p.m. in the Board of County Commissioners chambers located on the third floor of the W. Harmon Turner Building, Administration Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples. The agenda includes a discussion about Collier County's 2009 State Legislative Priorities. In regard to the public meeting: All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the meeting. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the Chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board will need a record of the proceedings pertaining thereto. and therefore, may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2004-05. as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi- judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 252-8380; assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. . For more information, call Communication and Customer Relations Director John Torre at 252-80 J 1 or Assistant to the County Manager Debbie Wight at 252-8383. -30- . RESOLUTION 2008-~ RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS IN OPPOSITION TO THE LEASING OF THE ALLIGATOR ALLEY TOLL FACILITY AND OBJECTING TO THE STATE'S LACK OF ADEQl:ATE PUBLIC NOTICE AND INVOLVEMENT RELATED THERETO. WHEREAS, The Florida Department of Transportation ("FDOT") issued a "Request for Qualifications to Lease, Maintain, Operate and Receive Toll Revenues From Alligator Alley (1- 75), through a Concession Agreement (A Public Private Partnership)" on May 8, 2008 (the "RFQ"); and WHEREAS, the State of Florida has expressed an intercst in seeking a private concessionaire to operate the Alligator Alley Toll Facility for a period of between fifty (50) and seventy-five (75) years; and WHEREAS, toll transactions during fiscal year 2007 produced approximately $23.5 million dollars in revenue compared to approximately $6.1 million in costs of operating and maintaining the Alligator Alley Toll Facility for that same period; and WHEREAS, the Collier County Board of Commissioners has previously stated its opposition to the State's efforts to lease the Alligator Alley Toll Facility and continues to oppose any plan to lease the operation of the Toll Facility. . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA THAT: I. The Collier County Board of Commissioners opposes the leasing of the Alligator Alley Toll Facility to a private concessionaire as initiated by the State's RFQ and objects to the State's lack of adequate advance notice and local public involvement and the Statc's failure to permit the Collier Metropolitan Planning Organization Board and its sub committees an adequate opportunity to review and comment on the potential lease of the Alligator Alley Toll Facility. This Resolution PASSED and duly adopted by the Collier County Board of Commissioners after majority vote on this 24th day of June, 2008. ATTEST: " . ~s..',."'.' DWIGHT j:;.ijROCK, Ctf.RK By: ~.' l)(. BOARD OF COUNTY COMMISSIONERS CO::!:OUNTY FLORID~ By. f}t-- Tom Henning, Chairman . Scott R. Teach, Deputy County Attorney . . . RESOLUTION 2008- 201 RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS IN OPPOSITION TO THE LEASING OF THE ALLIGATOR ALLEY TOLL FACILITY AND OBJECTING TO THE STATE'S LACK OF ADEQUATE PUBLIC NOTICE AND INVOLVEMENT RELATED THERETO. WHEREAS, The Florida Department of Transportation ("FDOT") issued a "Request for Qualifications to Lease, Maintain, Operate and Receive Toll Revenues From Alligator Alley (1- 75), through a Concession Agreement (A Public Private Partnership)" on May 8, 2008 (the "RFQ"); and WHEREAS, the State of Florida has expressed an interest in seeking a private concessionaire to operate the Alligator Alley Toll Facility for a period of between fifty (50) and seventy-five (75) years; and WHEREAS, toll transactions during fiscal year 2007 produced approximately $23.5 million dollars in revenue compared to approximately $6.1 million in costs of operating and maintaining the Alligator Alley Toll Facility for that same period; and WHEREAS, the Collier County Board of Commissioners has previously stated its opposition to the State's efforts to lease the Alligator Alley Toll Facility and continues to oppose any plan to \case the operation ofthe Toll Facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA THAT: 1. The Collier County Board of Commissioners opposes the leasing of the Alligator Alley Toll Facility to a private concessionaire as initiated by the State's RFQ and objects to the State's lack of adequate advance notice and local public involvement and the State's failure to permit the Collier Metropolitan Planning Organization Board and its sub committees an adequate opportunity to review and comment on the potential lease of the Alligator Alley Toll Facility. This Resolution PASSED and duly adopted by the Collier County Board of Commissioners aller majority vote on this 24th day of June, 2008. ATTEST: ~ . CS.'"'-;",,, DWIGHT l':~~OCK, cLl2RK ~ 0(. BOARD OF COUNTY COMMISSIONERS CO~OUb By. ~ Tom Henning, Chairman Ap Scott R. Teach, Deputy County Attorney . . . RESOLUTION 2008- 201 RESOLUTION 01' THE COLLIER COUNTY BOARD OF COMMISSIONERS Il'i OPPOSITION TO THE LEASING OF THE ALLIGATOR ALLEY TOLL FACILITY AND OBJECTING TO THE STATE'S LACK OF ADEQUATE PUBLIC NOTICE AND INVOLVEMENT RELATED THERETO. WHEREAS, The Florida Department of Transportation ("FDOT") issued a "Request for Qualifications to Lease, Maintain, Operate and Receive Toll Revenues From Alligator Alley (1- 75), through a Conccssion Agreement (A Public Private Partnership)" on May 8, 2008 (the "RFQ"); and WHEREAS, the State of Florida has expressed an intcrest in seeking a private concessionaire to operate the Alligator Alley Toll Facility for a period of between fifty (50) and seventy-five (75) years; and WHEREAS, toll transactions during fiscal year 2007 produced approximately $23.5 million dollars in revenue compared to approximately $6.1 million in costs of operating and maintaining the Alligator Alley Toll Facility for that same period; and WHEREAS, the Collier County Board of Commissioners has previously stated its opposition to the State's efforts to lease the Alligator Alley Toll Facility and continues to oppose any plan to lease the operation ofthe Toll Facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR COLUER COUNTY, FLORIDA THAT: I. The Collier County Board of Commissioners opposes the leasing of the Alligator Alley Toll Facility to a private concessionaire as initiated by the State's RFQ and objects to the State's lack of adequate advance notice and local public involvement and the State's failure to permit the Collier Metropolitan Planning Organization Board and its sub committees an adequate opportunity to review and comment on the potential lease of the Alligator Alley Toll Facility. This Resolution PASSED and duly adopted by the Collier County Board of Commissioners after majority vote on this 24th day of June, 2008. ATTEST: " . \: ~.':.r:' .~.. DWIGHT ):rJ3~OCK, c4RK By: ~..' <J~ BOARD OF COUNTY COMMISSIONERS CO~OUNTY FLORID.A By. ~ Tom Henning, Chairman Scott R. Teach, Deputy County Attorney . . . B~~ARD ,!<'~.; COUNTY Co~r County - ~-- FLORIDA - October 14, 2008 Stephanie C. Kopelousos, Secretary Florida Department of Transportation 805 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 latger 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 ptactical issues. The following are some of our practical concerns with the project: . We have sought clarification from FOOT 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 appare'nt double standard in reimbursing emergency first responder services. . We have sought assurance that FOOT 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 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 subconttactors, 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, c;ffitu~ Lois Wexler, Mayor Broward County ~~ Tom Henning, Chairman Collier County Board of County Co missioners LW&TH/PL/EGL;cmt C: Colliet 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 . . . . ~ I ~u. ~~ @ h Harvey Ruvin CLERK OF THE CIRCUIT AND COUNTY COURTS Miami-Dade County, Fiorida CLERK OF THE BOARD OF COUNTY COMMISSIONERS STEPHEN P. CLARK MIAMI-DADE GOVERNMENT CENTER SUITE 17-202 111 N.W.1stStreet Miami, FL 33128-1983 Telephone: (305) 375-5126 October 20, 2008 Honorable Donna Fiala Vice Chairwoman, District I Collier County Board of County Conunissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Vice-Chairwoman Fiala: A copy of Resolution No. R-I066-08, adopted on October 7, 2008. is provided to you at the request of the Miami-Dade County Board of County Commissioners. If you have any questions or need additional information, please contact our office. Respectfully yours, HARVEY RUVIN, Clerk Circuit and County Courts By: Kay Sullivan, Director Clerk of the Board Division KS:fcd Attaclunents Centml Depoaitol)' - Civil Di...ision - Cia of the Board -- Code Enforcement ~ Comptroller I Auditor - County Recorder - Criminal Division - District Courts Division - Family Courts Division - Hwnan Resourocs I Administrative Services- Juvenile Division - Maniaae License - Parking Yiolatiol1ll- Records I Archives Management - Teclmical SCl"'iices Division -- Traffic Division - V.A.B. ClC2k's web address: www.miami-dadeclerk.com . . . . MEMORANDUM (Revised) TO: Honorable Chairman Bruno A. Barreiro DATE: and Members, Board ofCounly Commissioners October 7. 2008 FROM ~~l County Attorney SUBJECT: Agenda Item No. 1l(A)(12) Please note any items checked. "4-Day Rule" (U3-Day Rule" for committees) applicable if raised 6 weeks ....equil'"ed between first readin~ and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Hid waiver requiring County Manager's written recommendation Ordinance creating a new board requires detailed County Manager's report for public hearing Housekeeping item (no policy decision required) No committee review :L . . . Approved Veto Override ~. MayoJ: Agenda Item No. H(A) (2) 10-7-08 R-1066-08 @SOLUTION NO. RESOLUTION OPPOSING THE STATE OF FLORIDA LEASING ALLIGATOR ALLEY TO A PRIVATE FIRM; OPPOSING ANY DIVERSION OF ALLIGATOR ALLEY REVENUE A WAY FROM EVERGLADES RESTORATION AND SOUTH FLORIDA ROAD PROJECTS; URGING THE LEGISLATIVE BUDGET COMMISSION NOT TO APPROVE ANY LEASE OF ALLIGATOR ALLEY; URGING THE LEGISLATURE TO REPEAL STATUTES AUTHORIZING FDOT TO LEASE ALLIGATOR ALLEY TO A PRIV ATE FIRM WHEREAS, Alligator Alley is a 78 mile section of Interstate 75 connecting Southeast Florida and Southwest Florida; and WHEREAS, during Fiscal Year 2007, approximately 8.3 million toll transactions on AlligatoT Alley produced approximately $23.5 million in revenues, while operations and maintenance costs for that same period were approximately $6.1 million; and WHEREAS, pursuant to section 338.26, Florida Statutes, most toll revenues generated in excess of the amount needed to meet operate and maintain Alligator Alley, pay outstanding contractual obligations, and pay for certain legislatively-approved projects, are used for Everglades restoration; and WHEREAS, during the 2007 regular legislative session, the Florida Legislature passed HB 985 (Chapter 2007-196. Laws of Florida), an omnibus transportation bill. which included a provision that authorized the Florida Department of Transportation (FDOT) to lease to a private firm state toll roads such as Alligator Alley and the Sunshine Skyway Bridge in the Tampa Bay area. but not the FlorIda Turnpike; and WHEREAS, HB 985 provided that such leases would nol need to be approved by the Florida Legislature, but instead need only be approved by the Legislative Budget Cornmission, a statutorily-created subset of the Legislature designed to approve mid-year budget revisions; and 3 . . . Agenda Item No. 11(A) (12) Page No.2 WHEREAS, pursuant to the authority provided in HB 985. FDOT in April issued a Request for Qualifications (RFQ) to lease, maintain. operate and receive toll revenues from Alligator Alley tluough a Concession Agreement for between 50 and 75 years; and WHEREAS, in recent months, concerns have been expressed that leasing Alligator Alley to a private firm might result in a reduction in Everglades restoration funding, in an increase in tolls from the current $2.50 to as much as $10.00, in Alligator Alley income being diverted away from South Florida; and in Alligator Alley as a public asset, being placed in the hands of private finns, including foreign firms; and WHEREAS. FDOT has currently re-issued an RFQ with further clarifications and continues to move forward with plans to lease Alligator Alley to a private firm fur between 50 and 75 years, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section I. Opposes any legislative or administrative action thai would lease Alligator Alley to a private firm. Section 2. Opposes any diversion of Alligator Alley revenue away from Everglades Restoration and South Florida road projects. Se.elioll 3. Urges the Legislative Budget Commissioll lIot to approve any lease of Alligator Alley to a private firm. Section 4. Urges the Florida Legislature to repeal statutes authorizing FDOT to lease Alligator Alley to a private firm. Section 5. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor. the Chair and Members of the Miami-Dade Stale Legislative Delegation, the Mayor and Members of the Broward County Board of County Conunissioners, t . . . R-1066-0B Agenda Item No. 11 (A) (12) Page No.3 the Chair and Members nf the Collier County Board nf County Commissioners, and the Secretary of the Florida Department of Transportation. Section 6. Directs the County's state lobbyists to advocate for lhe issues identified in Sections I through 4 above, and directs the Office of Intergovernmental Affairs to include this item in the 2009 slate legislative package. The Prime Sponsor of the foregoing resolution is Commissioner Katy Sorenson, and the Co-Sponsor is Cnmmissioner Rebeca Sosa. It was offered by Commissioner Rebeca Sosa who moved its adoption. The motion was seconded by Commissioner Jose "Pepe" Diu and upon being put to a vote, the vote was as follows: Bruno A. Barreiro, Chairman aye Barbara J. Jordan, Vice-Chairwoman aye Jose "Pepc" Diaz aye Audrey M. Edmonson Carlos A. Gimenez aYe Sally A. Heyman Joe A. Martinez aye Dennis C. Moss Dorrin D. Rolle aye Nataeha Seijas Katy Sorenson aye Rebeca Sosa Sen. Javier D. Souto absent aye aye aye absent aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of October, 2008. This resolution shall becorne effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN. CLERK By_ Kay Sullivan Deputy Clerk Approved by County Attorney as to form and legal sufficiency. ..J""" Jess M. McCarty 5 COUNTY OF MIAMI-DADE ) ) SS: ) . STATE OF FLORIDA I. HARVEY RUVlN. Clerk of the Circuit and County Courts. in and for Miami-Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution R-I066-08. which was adopted by the Miami-Dade Board of County Commissioners at its meeting held on October 7.2008. as appears of record. . IN WITNESS WHEREOF. I have hereunto set my hand and official seal on this 20th day of October, A.D., 2008. HARVEY RUVIN. Clerk Board of County Commissioners rvliami-[>ade CJunty. Florida -~~{! By' Board of County Commissioners Miami-Dade County. Florida . . . . "" '1 ii 1'7 , ~11. CJr' ~. [,. ~ ~ .; .,~ Harvey Ruvin CLERK OF THE CIRCUIT AND COUNTY COURTS Miami-Dade County, Florida CLERK OF THE BOARD OF COUNTY COMMISSIONERS STEPHEN P. CLARK MIAMI-DADE GOVERNMENT CENTER SUITE 17-202 111 N.W.1stStreet Miami, FL 33128-1983 Telephone: (305) 375-5126 October 20. 2008 Honorable Donna Fiala Vice Chairwoman, District 1 Collier County Board of County Conunissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Vice-Chairwoman Fiala: A copy of Resolution No. R-1066-08, adopted on October 7, 2008, is provided to you at the request of the Miami-Dade County Board of County Commissioners. If you have any questions or need additional information. please contact our office. Respectfully yours, HARVEY RUVIN, Clerk Circuit and County Courts By: Kay Sullivan, Director Clerk oftbe Board Division KS:fcd Attachments Central Depository - Civil Division - Clerk of the Boani ~ Code Enforcement - Comptroller I Auditor - CoWlty Recorder - Criminal Division - District Courts Division - Family Courts Division - Human RQIOurces I Administrative Services- Juvenile Division - Manillse UcC'ruK: - Parking Violations - Records! Mhives Management - Technical ServicC5 Division - Traffic Division - V,A.B, Clerk's web address: w...~YI.millmi-dadecleR..com . . . . MEMORANDUM (Revised) TO: Honorable Chairman Bruno A. Barreiro DATE: and Members, Board of County Commissioners October 7. 2008 ~'ROM ~Ssl County Attorney SUBJECT: Agenda Item No. U(A) (12) Please note any items checked. "4~Day Rule" ("3-Day Rule" for committees) applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues Of" increases expenditures without balancing budget Budget required Statement of fiscal impact required Bid waiver requiring County Manager's written recommendation Ordinance creating a new hoard requires detailed County Manager's report for public hearing Housekeeping item (no policy decision required) No committee review :I- . . . Approved Veto Override -~Q! Agenda Item No. ll(A) (12) 10-7-08 R-1066-08 ~SOLUTION NO. RESOLUTION OPPOSING THE STATE OF FLORIDA LEASING ALLIGATOR ALLEY TO A PRIVATE FIRM; OPPOSING ANY DIVERSION OF ALLIGATOR ALLEY REVENUE AWAY FROM EVERGLADES RESTORATION AND SOUTH FLORIDA ROAD PROJECTS; URGING THE LEGISLATIVE BUDGET COMMISSION NOT TO APPROVE ANY LEASE OF ALLIGATOR ALLEY; URGING THE LEGISLATURE TO REPEAL STATIJTES AUTHORIZING FOOT TO LEASE ALLIGATOR ALLEY TO A PRIV ATE FIRM WHEREAS, Alligator Alley is a 78 mile section of Interstatc 75 connecting Southeast Florida and Southwest Florida; and WHEREAS, during Fiscal Year 2007, approximately 8.3 million toll transactions on Alligator Alley produced approximately $23.5 million in revenues, while operations and maintenance costs for that same period were approximately $6.1 million; and WHEREAS, pursuant to section 338.26, Florida Statutes, most toll revenues generated in excess of the amount needed to meet operate and maintain Alligator Alley, pay outstanding contractual obligations, and pay for certain legislatively-approved projects. are used for Everglades restoration; and WHEREAS, during the 2007 regular legislative sessioo. the Florida Legislature passed HB 985 (Chapter 2007-196. Laws of Florida), an omnibus transportation bill, which included a provision that authorized the Florida Department of Transportation (FOOT) to lease to a private firm state toll roads such as Alligator Alley and the Sunshine Skyway Bridge in the Tampa Bay area, but not the Florida Turnpike; and WHEREAS. HB 985 provided that such leases would not need to be approved by the Florida Legislature, but instead need only be approved by the Legislative Budget Commission, a statutorily-created subset of the Legislaturc designed to approve mid-year budget revisions; and 3 . . . Agenda Item No. II fA) (12) Page No.2 WHEREAS, pursuant to the authority provided in HB 985, FOOT in April issued a Request for Qualifications (RFQ) to lease, maintain~ operate and receive toll revenUes from AHigator Alley through a Concession Agreement for between 50 and 75 years; and WHEREAS, in recent months, concerns have been expressed that leasing Alligator Alley to a private firm might result in a reduction in Everglades restoration funding, in an increase in tolls from the current $2.50 to as much as $10.00, in Alligator Alley income being diverted away from South Florida; and in Alligator Alley as a public asset, being placed in the hands of private firms, including foreign firms; and WHEREAS, FOOT has currently re-issued an RFQ with further clarifications and continues 10 move forward with plans to lease Alligator Alley to a private firm for between 50 and 75 years, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, Ihat this Board: Section 1. Opposes any legislative or administrative action that would lease Alligator Alley to a private firm. Section 2. Opposes any diversion of Alligator Alley revenue away from Everglades Restoration and South Florida road projects. Se.ction J. Urges the Legislative Budget Commission not to approve any lease of Alligator Alley to a private firm. Section 4. Urges the Florida Legislature 10 repeal statutes authorizing FOOT to lease Alligator Alley to a private firm. Section 5. Directs the Clerk of the Board to transmit certified copies of this resolution to lhe Governor, the Chair and Members of the Miami~Dade Slate Legislative Delegation, the Mayor and Members of the Broward County Board of Counly Conunissioners, Lf . R-1066-0B Agenda Item No. 11 (A) (12) Page No.3 the Chair and Members of the Collier County Board of County Cornrnissioners, and the Secretary of the Florida Department of Transportation. Section 6. Directs the County's state lobbyists to advocate for the issues identified in Se<:tions 1 through 4 above, and directs the Office of Intergovernmental Affairs to include this item in the 2009 state legislative package. The Prime Sponsor of the foregoing resolution is Commissioner Katy Sorenson, and the Co-Sponsor is Commissioner Rebeca Sasa. It was offered by Commissioner Rebeca Sosa who moved its adoption. The motion was seconded by Commissioner Jose "Pepe" Diu and upon being put to a vote, the vote was as follows: . Bruno A. Barreiro, Chairman aye Barbara J. Jordan, Vice-Chairwoman aye Jose "Pepe" Diaz aye Audrey M. Edmonson Carlos A. Gimenez aye Sally A. Heyman Joe A. Martinez aye Dennis C. Moss Dorrin D. Rolle aye Natacha Seijas Katy Sorenson aye Rebeca Sosa Sen. Javier D. Souto shoent aye aye aye absent aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of October, 2008. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Approved by County Attorney as to form and legal sufficiency. HARVEY RlJVIN. CLERK By_ Kay Sullivan Deputy Clerk .J1'1h . Jess M. McCarty 5 COUNTY OF MIAMI-DADE ) ) ss: ) . STATE OF FLORIDA 1. HARVEY RUVlN, Clerk of the Circuit and County Courts. in and for Miami-Dade County. Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution R-I066-08. which was adopted by the Miami-Dade Board of County Commissioners at its meeting held on October 7. 2008. as appears of record. . [N WITNESS WHEREOF, I have hereunto set my hand and official seal on this 20th day of October, A.D.. 2008. c HARVEY RUVIN. Clerk Board of County Commissioners ::):'t";" Board of County Commissioners Miami-Dade County, Florida . . Consultants Competitive Neqotiation Act (CCNA): SUMMARY OF THE CCNA PROCUREMENT PROCESS: The law governs how local and state agencies procure the services of professional engineers, architects, landscape architects, surveyors and mappers. It includes professional services associated with construction projects and/or "study activities." "Competitive Selection" and "Competitive Negotiation" are distinct steps under the process. The Selection step directs that firms are to compete on the basis of qualifications and that the agency is to rank the firms in order of qualifications based on pre-established evaluation criteria. Agencies are prohibited from considering compensation prior to completing the selection process (i.e.; after a shortlist of not less than three firms has been established). . During times of revenue constriction as is now being experienced by many local governments, the procurement of professional services can be a challenge in terms of acquiring the best value, best service for the least amount of money. The present system does not allow cost to be considered in the initial selection of a firm. Only qualifications are considered. Passage of changes to the Consultants Competitive Negotiation Act would give local and state agencies discretion to use an alternative procedure where price could be considered with qualifications among qualified firms. This would be advantageous to our County in selecting professional services. . . . . PROPOSED REVISIONS TO THE CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA) LJ The proposed legislation affords agencies the option of continuing to use the existing qualifications based selection method C'QBS") or using an alternative "best value" method. o The alternative best value method gives agencies the ability to compare prices competitively among pre-qualified firms, which leverages the price to help agencies obtain better pricing results. l The alternative method is as a "middle of the road" option that enables agencies to be more responsive to constituent expectations. o The alternative method limits the weighting of the pricing factor to not more than 50% to ensure that qualifications and experience remain significant considerations in the selection process. rl A summary of the optional alternative process is as follows: 1. Firms submit qualifications and other information to the agency. Price information is not submitted or evaluated in this step. 2. The agency ranks the firms based on qualifications only and then solicits compensation proposals from the top-ranked or most qualified firms. 3, The agency re-ranks the most qualified firms based on qualifications and price and selects the best overall proposal (or "best value" to the agency). 9/29/08 . . . (2) DEFINITIONS (m) "A best value selection" means a selection of a firm(s) whose proposal provides the greatest overall benefit to the agency in accordance with the requirements of a formal solicitation. (12) APPLICABILITY TO BEST VALUE SELECTIONS.. a) Except as provided for in this subsection, this section is not applicable to the selection of a firm(s) on a best value basis by any agency, and the agency shall make such selections in accordance with the procurement laws, rules and ordinances applicable to the agency. b) Every agency shall adopt rules or ordinances governing the selection of a firm(s) on a best value basis. Procedures for the use of a best value selection process shall include as a minimum, the following: 1. The preparation and distribution of a public solicitation consistent with the requirements of Sections (3) and (4)(a). 2. A distinct two step selection process, which shall include as a minimum, the following: a. Under the first step, competing firms shall be evaluated in the manner set forth under subsection (4)(b) except as otherwise set forth in this section. Proposals for compensation to be paid under the contract will not be solicited or accepted during this step of the process. b. Under the second step, the firms selected under subsection 2.a shall be asked to submit a compensation proposal for the proposed work, which shall be evaluated along with the information evaluated under subsection 2.a and any other information the agency chooses to request with the compensation proposal to make a best value selection(s). 3. The criteria, procedures and standards for the evaluation of proposals considered under subsections 2.a and 2.b respectively, which shall be published in the public solicitation. In no instance shall the criterion pertaining to compensation exceed 50 percent of the total weight of the published evaluation criteria. 4. In the case of valid public emergencies, for the agency head to declare an emergency and authorize negotiations with the best firm available at that time. ~ c('~ .' "i;:~:,'" ~~]. II> , '. . ,. ,." ftS i :,,' ';..c: I-- "'UJ ,.' c >a~ ..... <C t: ~ - o o . ... CI) -- - - o o ftS C .- E .- ... o '::.>""'::: 'f;':'::]}.':: t:'.".o ,;>;jh/:, ''':'1' E rn ~ s.::. i.i::: tJ) (J) e t:: a..~ - 0) "0 ~t:: """ co co C/) C\J (J) (J) E ~ 0 '+- <:..:> o ...... ~ 8 (J) "- ~ c tJ) ~ ~ o ~ ...... t:: CI) "C ... CI) ..... C ::J :I: c o C :1 .- ... 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I.t) .0 OJ en 0 CIl 0 <( ..... :J CIl CIl Q) ..... :J CIl ..c: ..c: <( <( CO CO CO CO CO CO 0 0 0 0 . 1::: 0 0.. 0.. ::J 00 "0 c: ro 00 0) 00 c: c: 0 -c a.>.- a.> 0- L-ro ..c =:J0l - O:+::i ro C/)W Ol a.> a.> c: a.> L-> C/) 0 0 ~.~ Ol .- c: - c: L- ro .- a.> ro- > N wro .- Ol c: ro E .- 00._ 00 - - a.> E 1:5 a.> - - -c: 0._ 00 .- a.> L- 0 ro .- .~ 0 0 '--, > .- c: 0 00 00 00 C/)- 00 a.> 00 a.> a.>~ ::J - a.> a.> a.> 00 a.> 0 0 0 >.- "0 "0 .y: '+- L- i~ E ::J ::J 0'- ::J .- .~ L-- > > 0 "0 "0 o..C: 0 0.. 0 y L- a.> a.> E~ L- L- a.. 0::: 0::: a...9 a.. -.- . . . . '"C C co c o .- ~ en Q) :J o . . . Support Florida Governmental Utility Authority (FGUA) being under State Public Service Commission oversight FGUA was created by local agreement in accordance with Florida Statute 163.01 (7) (g) 1, which states: . Notwithstanding any other provisions of this section, any separate legal entity created under this section, the membership of which is limited to municipalities and counties of the state, and which may include a special district in addition to a municipality or county or both, may acquire, own, construct, improve, operate, and manage public facilities, or finance facilities on behalf of any person, relating to a governmental function or purpose, including, but not limited to, wastewater facilities, water or alternative water supply facilities, and water reuse facilities, which may serve populations within or outside of the members of the entity. Notwithstanding s. 367.171(7), any separate legal entity created under this paragraph is not subject to Public Service Commission jurisdiction. The separate legal entity may not provide utility services within the service area of an existing utility system unless it has received the consent of the utility, On February 27, 1996 the Board of County Commissioners (Bee) adopted Resolution No. 96-104, exercising the County's authority under Section 367.171(1), Florida Statutes, to rescind any Florida Public Service Commission jurisdiction over private water and wastewater utilities within Collier County, thereby assuming County jurisdiction over such private water and wastewater utilities. Additionally, an inter-local agreement between the FGUA and the Collier County Water and Sewer District (BCC) dated April 11 , 2000 provides FGUA with exclusive consent to operate in the Golden Gate (City) service area. . An act of the Florida Legislature gave governments the ability to create an entity like FGUA, which currently includes only Collier and Lee counties. Citrus, Nassau, Polk and Sarasota counties were previously part ofFGUA as well, but those counties bought out their respective utilities. FGUA must have at least two counties to continue to exist. According to the FGUA Web site, the Board is made up of local government representatives from participating counties, for a total of three regular members and three . . . alternates. However, per Resolution No. 99-169 signed by the BCC on March 9, 1999 there are no Collier County representatives as members of the FGUA Board. In the BCC minutes of the March 9, 1999 meeting when the original inter-local agreement was approved, Commissioners affirmed they retained rate oversight. According to the Florida Public Service Commission (PSC) Web site, the PSC mission statement is "to facilitate the efficient provision of safe and reliable utility services at fair prices." During 2007 the PSC regulated five investor-owned electric companies, seven investor-owned natural gas utilities, and more than 160 investor-owned water and/or wastewater utilities. The PSC also has regulatory authority over one rate-base-regulated telephone company and competitive market oversight for more than 1,250 telecommunications companies in the State of Florida. Whenever a jurisdictional rate-base-regulated gas, electric, telephone, water or wastewater company wants to change its rates, it must receive permission from the PSc. The PSC then investigates its request and sets new rate levels if the request is valid. The PSC has the responsibility to set rates that are fair, just and reasonable. It is also required to set rates to allow utility investors an opportunity to earn a reasonable return on their investment. RESOLUTION NO. 2008 - . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN SUPPORT OF THE AMENDMENT OF THE FLORIDA STATUTES TO REQUIRE ELECTION OF THE GOVERNING BOARDS OF THE FLORIDA WATER MANAGEMENT DISTRICTS WHEREAS, the State is divided into five (5) Water Management Districts, which were created to manage and improve water quality, water supply, provide flood control and to protect and enhance natural systems through land and water management; and WHEREAS, each Water Management District is a special taxing district authorized by law to collect ad valorem (property) taxes from landowners located within their multiple county jurisdictions; and WHEREAS, current Florida law provides that the Governing Board for the Water Management Districts consist of members appointed by the Governor who reside in the respective Districts; and WHEREAS, those Governing Boards are delegated with substantial authority to directly influence local and regional interests including the expenditure of tax dollars assessed against landowners within those districts; and . WHEREAS, the Board of County Commissioners after consideration of the above factors supports an amendment to the Florida Statute(s) creating the Florida Water Management Districts to provide for electing the Governing Boards rather than appointment of those members by the Governor; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board hereby resolves and supports amending the Florida Statutes to require election of the Governing Boards of the Florida Water Management Districts. THIS RESOLUTION is adopted after motion, second, and majority vote favoring adoption this 18th day of November, 2008. By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ATTEST DWIGHT E. BROCK, Clerk Tom Henning, Chairman . Jeffre w, County Attorney . . . Agenda Item 18 Meeting of 11/5/08 RESOLUTION 08-12263 A RESOLUTION OF THE CITY OF NAPLES, FLORIDA. URGING MEMBERS OF THE LEGISLATIVE DELEGATION TO SUPPORT THE FOLLOWING ISSUES DURING THE PRE-DELEGATION WORKSHOP TO BE HELD NOVEMBER 14, 2008, IN THE COLLIER COUNTY BOARD CHAMBERS AND DURING THE REGULAR DELEGATION MEETING SCHEDULED FOR DECEMBER 10, 2008; DIRECTING THAT THE CITY CLERK PROVIDE A COPY OF THIS RESOLUTION TO THE LEGISLATIVE DELEGATION AND TO THE FLOR~DA LEAGUE OF C~TIES; AND PROV~DING AN EFPECTIVE DATE. WHEREAS, the Florida Fish and Wildlife Conservation Commission is considering draft legislation that would adversely impact the Home-Rule powers of municipalities; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the City of Naples, Florida, urges the Legislative Delegation to: . Oppose legislation that impairs Home-Rule Authority. . Support legislation that provides for local government control of waterway regulations. . Oppose legislation municipalities. imposing Florida mandates upon . Support legislation that eliminates the practice of dictating mandates without funding. . Support legislation that increases local control over municipal police and fire pensions. . Oppose the lease of the I-75 toll road known as l1Alligator Alley" . . Support legislation that prohibits leasing the toll road to a private firm. . Oppose legislation that eliminates or diminishes the municipal utility surcharge currently provided in Section 180.191, Florida Statutes. Section 2. That the city Clerk is hereby directed to provide a copy of this resolution to the Legislative Delegation and to the Florida League of Cities. . . . Resolution 08-12263 Page 2 Section 3. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 5TH DAY OF NOVEMBER, 2008. Bill Barnett, Mayor Attest: Approved as to form and legality: Tara A. Norman, City Clerk M:\REF\COUNCIL\RES\200B\OB-12263 Robert D. Pritt, City Attorney Date filed with City Clerk: . . . Agenda Item 18 Meeting of 11/5/08 RESOLUTION 08-12263 A RESOLUTION OF THE CITY OF NAPLES, FLORIDA, URGING MEMBERS OF THE LEGISLATIVE DELEGATION TO SUPPORT THE FOLLOWING ISSUES DURING THE PRE-DELEGATION WORKSHOP TO BE HELD NOVEMBER 14, 2008, IN THE COLLIER COUNTY BOARD CHAMBERS AND DURING THE REGULAR DELEGATION MEETING SCHEDULED FOR DECEMBER 10, 2008; DIRECTING THAT THE CITY CLERK PROVIDE A COPY OF THIS RESOLUTION TO THE LEGISLATIVE DELEGATION AND TO THE FLORIDA LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, WHEREAS * WHEREAS, WHEREAS. the Florida Fish and Wildlife Conservation Commission is considering draft legislation that would adversely impact the Home-Rule powers of municipalities; and Florida's municipalities are dependent on other governmental entities for financial stabilitYi and municipal self-determination and local self-government are constantly under attack from a variety of public and private interestsi and the role and function of municipal government is constantly evolving from new demands from its citizens and businesses; Section 1. NOW* THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, PLORIDA: Section 2. That the City of Naples, Florida, urges the Legislative Delegation to: . Oppose legislation that impairs Home-Rule Authority. . Support legislation that provides for local government control of waterway regulations. . Oppose legislation municipalities. imposing mandates upon Florida . Support legislation that eliminates the practice of dictating mandates without funding. . Support legislation that increases local control over municipal police and fire pensions. . Oppose the lease of the I-75 toll road known as "Alligator Alley" . . Support legislation that prohibits leasing the toll road to a private firm. . Oppose legislation that eliminates or diminishes the municipal utility surcharge currently provided in Section 180.191, Florida Statutes. That the City Clerk is hereby directed to provide a copy of this resolution to the Legislative Delegation and to the Florida League of Cities. . . . Resolution 08-12263 Page 2 Section 3. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 5TH DAY OF NOVEMBER, 2008. Bill Barnett, Mayor Attest: Approved as to form and legality: Tara A. Norman, City Clerk M:\REF\COUNCIL\RES\2008\08-12263 Robert D. Pritt, City Attorney Date filed with City Clerk: