Backup Documents 09/11/2004 E
BCC
EMERGENCY
MEETING
SEPTEMBER 11, 2004
NOTICE OF SPECIAL MEETINGS OF THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS TO
REVIEW HURRICANE IV AN PREPAREDNESS PLANS
Notice is hereby given that the Board of County Commissioners of Collier County will
hold special meetings on FRIDAY, SEPTEMBER 10, 2004 at 3:30 p.m. and SATURDAY,
SEPTEMBER 11, 2004, at 3:30 P.M. in the Boardroom, 3rd Floor of the W. Harmon Turner
Building (Administration Building F), Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida. The Board's Agenda will include:
Discussion will include but not be limited to:
A. Updated track information for Hurricane Ivan and its effects on the citizens of
Collier County.
B. Any appropriate action for the Board to take.
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 special meeting.
All registered public speakers will be limited to five (5) minutes unless permission for
additional time is granted by the Chairman.
Any person who decides to appeal a decision of the 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. 2003-53, as amended, requires that all lobbyists shall,
before engaging in any lobbying activities (including, but not limited to, addressing the Board of
County Commissioners), 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 East
Tamiami Trail, Naples, FL 34112 (239) 774-8380.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Donna Fiala, CHAIRMAN
Dwight E. Brock, CLERK
by: /s/
(SEAL)
, DEPUTY CLERK
,,^~_._...~,--~-~
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
EMERGENCY
AGENDA
September 11,2004
3:30 p.m.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chair, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES
THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS 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.
1
September 11, 2004
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
Reconvened Meeting from Friday, September 10, 2004
1. Pledge of Allegiance
2. Update on Hurricane Ivan and its affect on Collier County - Dan Summers, Collier
County Emergency Management Director
Presented
3. Golden Gate Parkway/Airport Road Grade Separated Overpass
Mediation/Litigation
Resolution 2004-257 - Adopted 5/0
4. Adjourn
2
September 11, 2004
~
COLLIER COUNTY MANAGER'S OFFICE
330 I East Tamiami Trail .. Naples, FL 34112 . 239-774-8383 . Fax 239-774-40 I 0
Via Certified Mail and Hand Delivery
September 13, 2004
Bill Barnett, Mayor
and
Robert E. Lee, City Manager
City Hall
735 Eighth Street South
Naples, Florida 34102
Re: Response to City of Naples:
Notification of September 7, 2004
Request for Pre-Litigation Negotiation, Florida Statutes,
Chapter 164
Dear Mr. Lee:
The County, acknowledging receipt of the above-referenced notice from the City, hereby
responds affirmatively to your request. By passage of its own resolution, a copy of which
is attached hereto, and by otherwise following the procedures of Florida Statutes,
Chapter 164, Collier County hereby agrees to join the conflict resolution process as a
primary conflicting governmental entity. By so joining this process, Collier County does
not waive any defenses it may have to any lawsuit later filed by the City of Naples, nor
does the County relinquish any right to pursue any lawful method of asserting its rights as
they pertain to the Golden Gate Overpass in any available forum. Additionally, by
agreeing to participate in a negotiation of the issues of conflict between the County and
the City, the County does not hereby consent to consolidating within the negotiation
process any issues currently pending in the DOAH Case.
A copy of Resolution 2004 - ;;;57 , adopted by the Collier County Board of County
Commissioners on September 11, 2004, is attached and incorporated herein.
Therefore, with the above-stated caveats, the County replies as follows:
1). As to the suggested dates, Collier County requests the negotiations not occur until
after the conclusion of the pending DOAH matter referenced above, since that proceeding
pertains to Policy 1-10 and is expected to conclude within the next 90 to 120 days, or on
or about December 1, 2004.
c " (~~ ð f
c
I)
(
,.
t
,~
-
Bill Barnett, Mayor
Robert E. Lee, City Manager
September 13,2004
Page Two
2). If the City of Naples refuses to wait the final decision on the DOAH matter, then
Collier County requests the following accommodations, as permitted under Florida
Statutes, Chapter 164:
a). Collier County requests the participation of a mutually acceptable,
unbiased facilitator to aid in the drafting of the issues.
b). Collier County states that the nature of the conflict includes the following:
1). The necessity for the County to construct an overpass, including
maintaining an acceptable level of service;
2). Whether there is preemption by the Legislature to the County for
the planning of County roads;
3). Whether the City will concede that the County is vested in the
Golden Gate Overpass;
4). Whether there is lack of any further need for the County to
consider other alternatives;
5). Whether there exists any lawful authority by the City to halt or
delay the construction of the Golden Gate Overpass;
6) Whether a failure to proceed to with the construction of the
Golden Gate Overpass would be inimical to the health, safety, and
welfare of the citizens of Collier County.
3). Collier County requests the presence of representatives of the Southwest Florida
Regional Planning Council and the Metropolitan Planning Organization at both the
assessment meeting [ s] and the negotiation meeting. Collier County believes these local
governmental entities are in conflict with the City of Naples.
4). The justification for joining the conflict resolution process is that the County is
aware that the City wishes to initiate litigation to challenge the County's construction of
the Golden Gate Overpass and the County welcomes the opportunity to convince the City
that to do so would be unreasonable under the circumstances of this matter. The County
would prefer to enter into a dialogue with the City and other interested and affected
entities to try and resolve the matter short of further litigation.
2
Bill Barnett, Mayor
Robert E. Lee, City Manager
September 13,2004
Page Three
5). The statute calls for a conflict assessment meeting. The proposed date and
location for the conflict assessment meeting to be held pursuant to Section 164.1053 F.S.
is as follows:
Date: October 5, 2004
Time: 1 :30 p.m.
Location: Courtroom 3 C
Collier County Courthouse
Naples, Florida 34102
It is recommended that the parties present be as follows:
City Manager, City of Naples and County Manager, Collier County
City and County Attorneys
City and County Public Services Directors, or Transportation Administrators
City and County Traffic Engineers, or their equivalents
City and County Traffic Consultants
The County further proposes a joint public meeting, pursuant to the section
164.1055 F .S. and would propose that the date be set by mutual agreement after the
conclusion of the assessment meeting.
It is proposed that the parties present be those parties set forth above for the later
conflict negotiation meeting and in addition be comprised of the following:
Mayor and City Council, City of Naples
Collier County Board of County Commissioners
We look forward to your positive response.
Sincerely yours,
/~~ ?~ ~¿?
( ~{/.//~
~. - \
,,::Y James V. Mudd, County Manager
cc: Commissioner Donna Fiala, Chairman-District I
Commissioner Fred W. Coyle, Vice-Chair- District 4
Commissioner Tom Henning- District 3
Commissioner Jim Coletta-District 5
Commissioner Frank Halas-District 2
David C. Weigel, County Attorney
,.,
-'
Jacqueline Williams Hubbard, Assistant County Attorney
Ron Heatherington, Southwest F.Iorida Regional Planning Council-via certified mail
John Limbaugh, Metropolitan Planning Organization-via certified mail
Shaw Stiller, Esquire, Department of Community Affairs- via certified mail
4
RESOLUTION NO. 2004-257
A RESOLUTION RELATING TO THE COUNTY'S PLANS TO CONSTRUCT
THE GOLDEN GATE OVERP ASS; STATING THE INTENTION OF THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO
RESPOND IN KIND TO THE NAPLES CITY COUNCIL INITIATION OF
THE CONFLICT RESOLUTION PROCEDURES OF THE FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT, CHAPTER 164,
FLORIDA ST A TUTES; SPECIFYING THE ISSUES OF CONFLICT;
AUTHORIZING AND DIRECTING THE COUNTY MANAGER WITHIN
FIVE DAYS TO SEND A LETTER IN ACCORDANCE WITH SECTION
164.1051, AND CERTIFIED COPY OF THIS RESOLUTION TO THE
NAPLES CITY MANAGER BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County intends to construct an overpass on Golden Gate Parkway
over Airport-Pulling Road, a small portion of which lies within the City limits of the City of
Naples however wholly within County owned right-of-way, and
WHEREAS, the failure to construct the overpass is deemed by the Board of County
Commissioners to be inimical to the health, safety and welfare of the residents, visitors, workers,
and travelers in Collier County; and
WHEREAS, the regulation of County Roads has been preempted by the Florida
Legislature to the Board of County Commissioners; and
WHEREAS, Golden Gate Parkway is a County Road.
NOW THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1.
Section 2.
Section 3.
Section 4.
The Board of County Commissioners hereby states its intention to invoke
the Florida Governmental Conflict Resolution Act, Chapter 164, Florida
Statutes, with the City of Naples, concerning the City's indication of its
intent to engage in litigation to halt or impede Collier County's plans and
intention to construct an overpass on Golden Gate Parkway over Airport-
Pulling Road. The procedures are intended to be invoked prior to the
filing of court proceedings.
The issues of the conflict include the necessity for the County to construct
an overpass; whether there is preemption by the Legislature to the County
for the planning of County roads; whether the City will concede that the
County is vested in the Golden Gate Overpass; whether there is lack of
any further need for the County to consider either other alternatives or the
feasibility of other alternatives; whether there exists any lawful authority
by the City to halt or delay the construction of the Golden Gate Overpass.
The justification for instituting the conflict resolution process is that the
County believes the City may not have considered all alternatives to
litigation of this conflict or the ramifications and cost of such litigation.
The proposed date and location for the assessment meeting is October 5,
2004, at 1 :30 p.m., in Courtroom 3 C, at the Collier County Courthouse,
located on 3301 Tamiami Trail East, Naples, Florida 34102.
- 1 -
Section 5.
Section 6.
Section 7.
Collier County also wishes to have a facilitator present to frame the issues
and shall suggest a neutral party, with the costs shared equally by both
parties.
The County Manager is authorized and directed to send a letter by
certified mail, return receipt requested, along with a certified copy of this
resolution to the City Manager within 5 days of adoption of this
resolution, conforming with the requirements of stating the conflict,
Southwest Florida Regional Planning Council; the Metropolitan Planning
Organization, and other governmental entities in conflict not yet
identified, the justification for initiating the conflict resolution process in
response to the City of Naples' actions, the proposed date and location for
the conflict assessment meeting (see Section 4), and suggestions as to all
officials, who should be present. The County is also authorized and
directed to mail a copy of this resolution to the state of Florida Department
of Transportation, the State of Florida Department of Community Affairs,
the Regional Planning Council and the Metropolitan Planning
Organization.
This resolution shall take effect immediately upon adoption.
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
This Resolution adopted this 11 th day of September 2004 after motion, second and
majority vote favoring it.
ATTEST:
DWIGHT E. B~9qs~if}erk
",,~ """',,, ,/ /)
.:.¡;'" , . '"",.'
.~,- ~ ' .." .../' ;:'I"';~-'" t( ,
:: <.-:.~ ,.', ".'; '\ '-
- It;; : !', ", 'f'" ~ J'; .:;-...
~ ;;~: .y' '~l~" ~ f~: ,:: ...~.:.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~Jd
"
Item #
Agenda' n II 4
Date -, .. ~O
Date q '13
Rec'd 'OLf
~r~
~
- 2 -