Agenda 07/07/2015 Item #16K47/7/2015 16.K.4.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution granting Marlene Messam, as Project Manager,
authority to make a binding commitment to the construction plans for the US 41/951
Intersection Improvement Project (Project No. 60116) for the purposes of trial and all
pretrial motions in the case styled Collier County v. RTG, LLC, et al., Case No. 13 -CA -259.
OBJECTIVE: To delegate authority to a staff person to testify as to the construction plans for
the US 41/951 Intersection Improvement Project, Project No. 60116 (hereinafter referred to as
"the Project ").
CONSIDERATIONS: On March 26, 2013, Collier County condemned Parcels 119FEE and
119TCE owned by ABC Liquors in the case styled Collier County v. RTG, LLC, et al, Case No.
13 -CA -259. The County hired Craig Willis of Fixel and Willis in Tallahassee, Florida, as trial
counsel. Attempts to settle this dispute have been unsuccessful to date since the damages alleged
by Respondent greatly outweigh the appraised value determined to be full compensation by the
County. In preparation for trial, Mr. Willis has requested that the Board of County
Commissioners delegate to a staff person the authority to testify at trial and make a binding
commitment as to the construction plans for the Project on behalf of the Board of County
Commissioners. The purpose of such testimony is to limit the damages claimed as a result of
perceived or speculative designs of the intersection improvements, which would not otherwise be
valid under the current construction plans.
Attached is a resolution granting such authority to Marlene Messam, as Project Manager for the
Project.
This authority will commence upon approval of the Resolution and will terminate upon
completion of the Project.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. — ERP
RECOMMENDATION: That the Board approves the attached Resolution granting Marlene
Messam, as Project Manager, authority to make a binding commitment to the construction plans
for the Project at trial and all pretrial motions in the case styled Collier County v. RTG, LLC, et
al.
Prepared by: Emily R. Pepin, Assistant County Attorney
Attachments: Proposed Resolution
Packet Page -2551-
7/7/2015 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.4.
Item Summary: Recommendation to approve a Resolution granting Marlene Messam, as
Project Manager, authority to make a binding commitment to the construction plans for the US
41/951 Intersection Improvement Project (Project No. 60116) for the purposes of trial and all
pretrial motions in the case styled Collier County v. RTG, LLC, et al., Case No. 13 -CA -259.
Meeting Date: 7/7/2015
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
6/30/2015 12:11:46 PM
Approved By
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 6/30/2015 12:25:19 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/30/2015 1:09:40 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/30/2015 1:31:14 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/30/2015 2:59:04 PM
Packet Page -2552-
7/7/2015 16.K.4.
RESOLUTION NO. 15-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY GRANTING MARLENE MESSAM, AS PROJECT
MANAGER, AUTHORITY TO MAKE A BINDING COMMITMENT TO
THE CONSTRUCTION PLANS FOR THE US 41/951 INTERSECTION
IMPROVEMENT PROJECT (PROJECT NO. 60116) ON BEHALF OF
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY.
WHEREAS, through an Order of Taking entered on March 26, 2013, Collier County
condemned parcels required for the US 41/951 Intersection Improvement Project, Project No.
60116, (hereinafter referred to as "the Project ") in the case styled Collier County v. RTG, LLC, et
al., Case No. 13 -CA -259; and
WHEREAS, it is in the County's best interest to grant a staff person authority to testify
on behalf of the County and make a binding commitment to the construction plans as needed to
further the County's position in the above - styled case; and
WHEREAS, the Board wishes to grant such authority to Marlene Messam, as Project
Manager for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Marlene Messam, who is
Project Manager for the Project, an intersection improvement project, is hereby granted on behalf
of the Board of County Commissioners of Collier County, Florida, the authority to make a
binding commitment to construct the intersection improvements in the manner depicted on the
construction plans that were received into evidence at the Order of Taking hearing in the case
Collier County v. RTG, LLC, et al., Case No. 13 -CA -259.
BE IT FURTHER RESOLVED that this authority shall commence immediately upon
approval by the Board and shall terminate upon completion of the Project.
THIS RESOLUTION IS HEREBY PASSED AND DULY ADOPTED by the Board
of County Commissioners of Collier County, Florida, on this the day of
, 2015.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form an d legality:
ly R. Pepi
Assistant County Attorney
7/7/2015 16.K.4.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
Tim Nance, Chairman