Agenda 02/23/2016 Item #12A 2/23/2016 12.A.
EXECUTIVE SUMMARY
Recommendation to consider appointing one of its own as its representative for the
upcoming required mediation with the North Collier Fire and Rescue District in the matter
relating to the pending case of North Collier Fire Control and Rescue District v. Board of
County Commissioners of Collier County, Case No. 15-CA-1871, now pending in the
Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida,
authorize the representative to negotiate on behalf of the Board, and to bring back any
proposed settlement to the Board for the Board's review and consideration.
OBJECTIVE: For the Board to consider appointing one of its own as its representative for the
mediation, authorize the representative to negotiate on behalf of the Board, and to bring back any
proposed settlement to the Board for the Board's review and consideration.
CONSIDERATIONS: As you know, the County is currently engaged in the Chapter 164
Florida Governmental Conflict Resolution process with the North Collier Fire and Rescue
District. Following the joint public meeting that was held January 25th, which did not result in
resolution of this dispute, the next step in this statutory process is for the parties to engage in
mediation (Section 164.1055(2), Fla. Stat.). This section provides that: (1) the mediation costs
shall be equally divided; (2) the parties shall endeavor in good faith to select a mutually
acceptable mediator; (3) upon the selection of the mediator, the parties shall schedule a
mediation to occur within 14 days; and (4) the parties shall issue a written agreement on the
issues in the conflict within 10 days of the conclusion of the mediation proceeding.
The statute further provides:
1. That any time requirements set forth in this act may be extended to a date certain by mutual
agreement in writing of the primary conflicting governmental entities. (Section 164.1061).
2. That failing to settle the dispute at mediation, the parties "may avail themselves of any
otherwise available legal rights."(Section 164.1056).
3. That settlement of a conflict "shall require passage of an ordinance, resolution, or interlocal
agreement that reflects the terms or conditions of the resolution to the conflict." (Section
164.1057).
Rule 1.720(d), Florida Rules of Civil Procedure regarding appearance at mediation by a public
entity, provides that a local government is authorized to designate a "representative with full
authority to negotiate on behalf of the entity and to recommend settlement to the appropriate
decision-making body of the entity."
It is the recommendation of the County Attorney that the Board appoint one of its own as its
representative for the mediation, authorize the representative to negotiate on behalf of the Board,
and to bring back any proposed settlement to the Board for the Board's review and consideration.
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2/23/2016 12.A.
The mediation date has not been set as of the date this item is going to print. Given its ability to
televise the event, the venue for the mediation will likely be the Board Room.
FISCAL IMPACT: Presently unknown.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners consider appointing one of
its own as its representative for the upcoming required mediation with the North Collier Fire and
Rescue District in the matter relating to the pending case of North Collier Fire Control and
Rescue District v. Board of County Commissioners of Collier County, Case No. 15-CA-1871,
now pending in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County,
Florida., authorize the representative to negotiate on behalf of the Board, and to bring back any
proposed settlement to the Board for the Board's review and consideration.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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2/23/2016 12.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.12.A.
Item Summary: Recommendation to consider appointing one of its own as its
representative for the upcoming required mediation with the North Collier Fire and Rescue
District in the matter relating to the pending case of North Collier Fire Control and Rescue
District v. Board of County Commissioners of Collier County, Case No. 15-CA-1871, now pending
in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, authorize
the representative to negotiate on behalf of the Board, and to bring back any proposed
settlement to the Board for the Board's review and consideration.
Meeting Date: 2/23/2016
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
2/12/2016 11:11:54 AM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
2/12/2016 11:11:55 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/12/2016 11:22:45 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/12/2016 11:33:29 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/12/2016 2:18:25 PM
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2/23/2016 12.A.
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/14/2016 12:50:51 PM
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2/23/2016 15.A.
Proposed Future Workshop Schedule
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
March 1, 2016—9:00 a.m.
Affordable Workforce Housing Workshop
April 5, 2016—1:00 p.m.
CRA Workshop
H-drive/bcc change sheet/future workshop topics sire item
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2/23/2016 15.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 15.15.A.
Item Summary: Current BCC Workshop Schedule
Meeting Date: 2/23/2016
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager,County Managers Office
Submitted by
Title: Executive Secretary to County Manager,County Managers Office
Name: BrockMaryJo
Approved By
Name: BrockMaryJo
Title: Executive Secretary to County Manager,County Managers Office
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