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Naples begins Chapter 164 process with airport authority, authorizes $125,000 initial legal cap
Summary
Council voted 6–1 to initiate the statutory intergovernmental Chapter 164 conflict‑resolution process with the Naples Airport Authority and authorized the city attorney and manager to act on the city's interests with an initial legal cap of $125,000; the council emphasized mediation but acknowledged litigation is a potential next step.
The City of Naples on April 15 authorized the first formal step of a statutory intergovernmental dispute process intended to try to resolve differences with the Naples Airport Authority (NAA). The resolution begins the Chapter 164 conflict‑resolution process that Florida requires when one governmental entity intends to bring a suit against another and directs the city attorney and city manager to pursue all actions necessary to protect the city’s legal interests, subject to an initial $125,000 cap on outside litigation spending.
City Attorney Matthew McConnell framed the action as a mandatory legal step if the city wishes to preserve its ability to seek judicial relief against another local governmental entity: "Chapter 164 process is specific to governmental entities… it is a requirement" he said, and told council the city’s legal view is that recent state legislation "has frustrated the purpose of the lease," a position that underlies the city’s decision to pursue the Chapter 164 procedure.
Council members spent considerable time debating the likely costs and political consequences of pursuing a legal path. Opponents warned of the expense and potential reputational damage from suing an authority established by state law; at least one public speaker, Jose Cabrera of the Naples Jet Center, urged council to respect the state legislature’s action and avoid litigation. Supporters argued the city must protect municipal authority and that mediation under Chapter 164 is an appropriate first step.
Motion and spending cap: after discussion the council approved the Chapter 164 resolution and an initial budget limit of $125,000 for legal spending related to the process; council agreed the city attorney would return to council before exceeding that amount.
What this means: the Chapter 164 process includes an opportunity for the parties to meet and a joint public meeting within a statutory timetable (the process can last as long as 50 days). If mediation or negotiation does not resolve the dispute within the statutory window, the city may pursue litigation. City staff said staff and outside counsel will seek a joint meeting with the NAA and attempt to resolve the dispute in the Chapter 164 process before filing suit.
Public comment: multiple speakers urged restraint and collaboration; the city also said it will continue parallel conversations about potential injunction options if circumstances warrant.
