Backup Documents 04/10/1998 EEMERGENCY MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
APRIL I0, 1998
April 10, 1998
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, April 10, 1998
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY
ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO
BE~DDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SIIBJECTS WHICH ARE NOT ONTHIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE
COUNTY AE~INISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE
M~TINGANDWILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL
N-R~D A RECORD OF THE PRYINGS PERTAINING THERETO, AND
THEREFORE MAY ~ 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.
ALL REGISTE~ PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE
CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAII~ ARE
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
pT.RnGE OF ALT.RGIANCE
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA DECLARING OPPOSITION TO THE ENACTMENT OF SENATE
BILL 30 AND REQUESTING THE VETO OF SAID BILL BY THE HONORABLE
LAWTON CHILES, GOVERNOR.
Resolution 98-98 - Adopted 3/0 (Comm{ssioner Mac'Kie and
Hancock absent )
ADJOURN
Page 1
RESOLUTION NO. 98-98
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA DECLARING OPPOSITION TO TItE
ENACTMENT OF SENATE BILL 30 AND REQUESTING TIIE VETO OF
SAID BILL BY THE HONORABLE LAWTON CHILES, GOVERNOR.
WHEREAS. on October 6. 1990 Arthur D. Messick was a passenger in a motor vehicle driven by his
brother, Joe Randall Messick, in the Southern Golden Gate Estates area of Collier County: and
WIIEREAS. a single vehicle automobile accident occurred which resulted in the death of Arlhur D.
Messick; and
WHEREAS, following a jury trial, Collier County was found to be 85 percent negligent in the death of
Arthur D. Messick and the driver. Joe Randall Messick, was found to be 15 percent negligent: and
WHEREAS. a final judgment was entered in the amount of S237,223 in favor of the Estate of Arthur D.
Messick and Collier County has tendered 5;100,000. the limit provided by Florida statutes, to the Estate of
Arthur D. Messick: and
WHEREAS. Senate Bill 30 has been passed by the Florida Legislature on behalf of ibc Estate of Arthur
D. Messick and seeks Collier County to be required by law to pay an additional excess claim amount of
$101,639.55; and
WItEREAS. it is the position of the Board of County Commissioners of Collier County that the Florida
Constitution and statutes providing for yet limiting liability of the state, its agencies and its subdivisions are
based on reason, logic and fairness, and that it is appropriate and just that the general statutory liability
limitation of SI00.000 claim payment to any one person against a local government not be superseded by
enactment of this excess claims bill where negligence was found against the operator of the vehicle in which
Arthur D. Messick was a passenger; and
WHEREAS, the approval of Senate Bill 30 by the Governor would result in higher costs to Collier
County government and local taxpayers; and
WItEREAS, it is in the best interests of the citizens of Collier County to oppose such increased costs.
NOW. THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA that the Board hereby declares its opposition to the enactment of Senate Bill
30 and respectfully urges the veto of Senate Bill 30 by the Honorable Lawton Chiles. Governor, State of
Florida.
This Resolution adopted after motion, second and majority vote favoring same this ../~, day of April.
1998.
A'VFEST:
DWIGHT E. BROCK, Clerk
Approved as to fo~ and
)cga] su~cicncy: ....
Coun~ Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BA~R~.ARA B. BERI~ Cha~arn~
John C. Norris
District 1
Timothy L. Hancock, AICP
District 2
Tlmot _hy J. Constantine
District 3
Pamela S. Mac'Kie
District 4
Barbara B. Berry
Distdct 5
3301 East Tarniaml Trail · Naples, Florida 34112-4977
(941) 774-8097 · Fax (941) 774-3602
April I0, 1998
The Honorable Lawton Chiles
Governor, State of Florida
The Capitol
Tallahassee, Florida 32399
VIA Telefax & Federal Express
Re:
Board of County Commissioners' Resolution in Opposition to Enactment of
Senate Bill 30
Dear Governor Chiles:
. Provided herewith for your consideration is a copy of Collier County Resolution No.
98-98 opposing the enactment of Senate Bill 30, a claims bill against Collier County. The
original of this letter and a certified copy of this Resolution are being transmitted to you this date
via Federal Express.
The Board of County Commissioners respectfully requests the veto of this Bill for the
reasons described in the attached Resolution.
Very truly yours,
Chairman