Agenda 04/22/2025 Item #16K 8 (Resolution - Authorizing Robert White, P.E., and Richard Arico, P.E., to testify and bind the County to construction plans for the Vanderbilt Beach Road Extension Order of Taking hearing.)4/22/2025
Item # 16.K.8
ID# 2025-1369
Executive Summary
Recommendation to approve a Resolution to delegate authority to the County Project Manager, Robert White, P.E., and
County engineer of record, Richard Arico, P.E., from Kimley Horn, to testify at the Vanderbilt Beach Road Extension
Order of Taking hearing as to the project construction plans and bind the County to the plans. (Project No. 60249).
OBJECTIVE: To seek Board authorization for engineering testimony at Order of Taking hearings.
CONSIDERATIONS: The Board authorized the condemnation of designated parcels for the Vanderbilt Beach Road
Extension Project from 16th Street NE to Everglades Blvd. with Resolution No. 2024-135 on July 9, 2024 (Agenda item
11A). Collier County filed Petitions for Condemnation in the 20th Judicial Circuit for Collier County and is now
required to conduct Order of Taking Hearings to acquire the designated parcels. The Board approved a contract for
Professional Design and Related Services for Vanderbilt Beach Road Extension Phase II with Kimley Horn on October
24, 2023 (Item 16B6). The County’s Engineer of Record, Richard Arico, P.E., or his designee, from Kimley Horn, is
required to testify at the Order of Taking hearing as to the construction and engineering plans and specifications that
have been prepared for the Project. 90% Construction plans dated November 2024 are complete and have been filed
with the Court. The County’s Project Manager, Robert White, P.E. from Transportation Engineering, may also be
required to testify. This Resolution delegates the authority to the Project Manager and Engineer of Record or their
designees to: (a) bind the County as to the Project construction plans and all engineering aspects and specifications
relative to the Project; and (b) provide fact and expert testimony on behalf of the County in any eminent domain
proceeding relative to the Project.
Engineering testimony is required for the County to successfully proceed with the Vanderbilt Beach Road Extension
eminent domain litigation.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds in the amount of up to $20,000 are available. The primary funding source for the acquisition
of right of way is through Road Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the Vanderbilt
Beach Road from 16th to Everglades Project (60249). Should impact fees not be sufficient, the secondary funding
source will be Road Construction Gas Tax Fund (3083) and Transportation Capital Fund (3081).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. –
CMG
RECOMMENDATIONS: To approve a Resolution to delegate authority to the County Project Manager, Robert White,
P.E., and the County engineer of record, Richard Arico, P.E., from Kimley Horn, or their designees, to testify at the
Vanderbilt Beach Road Extension Order of Taking hearing as to the project construction plans and bind the County to
the plans. (Project No. 60249).
PREPARED BY: Colleen M. Greene, Managing Assistant County Attorney
ATTACHMENTS:
1. Resolution - Delegate Authority
2. Certified Copy - Resolution 2024-135
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RESOLUTION NO. 2025-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE
COUNTY PROJECT MANAGER FROM TRANSPORTATION
ENGINEERING AND THE COUNTY ENGINEER OF RECORD FROM
KIMLEY HORN TO TESTIFY AT THE VANDERBILT BEACH ROAD
EXTENSION ORDER OF TAKING HEARINGS AS TO THE PROJECT
CONSTRUCTION PLANS AND BIND THE COUNTY TO THE PLANS.
(PROJECT NO. 60249).
WHEREAS, Collier County (the "County") is authorized by Chapter 73 and 74, Florida
Statutes to condemn necessary lands and property for public purposes or uses; and
WHEREAS, the Board of County Commissioners authorized the condemnation of
designated parcels for the Vanderbilt Beach Road Extension Project from 16th Street NE to
Everglades Blvd. with Resolution No. 2024-135 on July 9, 2024; (Project No. 60249); and
WHEREAS, Collier County filed Petitions for Condemnation in the 20th Judicial Circuit for
Collier County and is now required to conduct Order of Taking Hearings to acquire the designated
parcels; and
WHEREAS, the County's Project Manager, Robert White, P.E., and Engineer of Record,
Richard Arico, P.E., from Kimley Hom, or their designees, are required to testify at the Order of
Taking hearing as to the construction and engineering plans and specifications that have been
prepared for the Project. 90% construction plans dated November 2024 are complete and have
been filed with the Court; and
WHEREAS, the Board wishes to delegate certain authority to County staff and engineers
to facilitate acquisition of the parcels required for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1.The above recitals are incorporated herein and made a part hereof by this reference.
2.As set forth in Resolution No. 2024-135, the Board has authorized the County
Manager or her designee and the Office of the County to acquire by gift, purchase,
or condemnation the parcels identified in Resolution No. 2024-135; and
3.The County Project Manager, Robert White, P.E., and Engineer of Record, Richard
Arico, P.E., or their designees are hereby authorized to: (a) Bind the County as to
the Project construction plans and all engineering aspects and specifications relative
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