Loading...
Agenda 09/14/2010 Item #16K 9 Agenda Item No. 16K9 September 14, 2010 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve increasing a Purchase Order to Hahn Loeser to add an additional $150,000 to the current $100,000 cap for the Hussey v. Collier County litigation cases, to be paid by funds currently within the County Attorney's approved budget. OBJECTIVE: That the Board of County Commissioners approve increasing a Purchase Order to add an additional $150,000 which will exceed the $100,000 cap for Hahn Loeser in accordance with Collier County's contract with Hahn Loeser to provide continued litigation support services in the Hussey v. Collier County litigation cases, to be paid by funds currently within the County Attorney's approved budget. CONSIDERATIONS: As stated in the last litigation update to the Board, on September 11, 2008, the Plaintiffs' Francis D. Hussey, Jr. and Mary P. Hussey, husband and wife, and Winchester Lakes Corporation, a Florida corporation, filed an Inverse Condemnation suit seeking monetary damages from Collier County, the Honorable Charlie Crist, the Governor of the State of Florida and the Florida Department of Community Affairs. The Husseys contend that the designation of certain real property owned by them by a Growth Management Plan Amendment adopted in 2002, had the effect of precluding mining activities on property, thereby resulting in a substantial diminution in value of the real estate, which the Plaintiffs contend to be compensable under Florida law. The Complaint alleges damage claims, as of June, 2002, in the amount of $67,300,000, and as of July, 2007, in the amount of $91,500,000. The Plaintiffs have also presented a claim for "inverse condemnation based on a regulatory taking of Plaintiffs' property," in an amount not specified in the Complaint. The Wildlife Federation and Collier County Audubon Society was granted leave to intervene in the suit by the Court on April 29, 2009. On July 9, 2009, the Florida Wildlife Federation and Collier County Audubon Society served upon Defendants Francis and Mary Hussey a Notice of Intent to Sue over Violations of the Endangered Species Act of 1973 (16 V.S.C. 1531 et ~ Land Clearing of Primary Panther Habitat, RCW Foraging Habitat, and Wood Stork Foraging Habitat. The cases are in the discovery stage. The County has retained the law firm of Hahn Loeser and specifically, Theodore L. Tripp, Esq. of that finn to assist the County and act as co-counsel in this litigation. Exhibit A of the Continuing Retention Agreement with Garvin & Tripp dated January 28, 2010 has a provision which states: "Hahn Loeser' fee shall not exceed $100,000.00 per Purchase Order/Case without the approval of the Board of County Commissioners." As noted in the budget workshop materials, I reduced my request for outside counsel fees for defending these cases because I knew the money was budgeted this year and it was my intent to roll it over instead of requesting additional funds. FISCAL IMP ACT: The funds for the referenced outside counsel fees are currently in the budget of the Office of the County Attorney. There is no additional fiscal impact associated with this Executive Summary. GROWTH M~~AGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve increasing a Purchase Order to add an additional $150,000 which will exceed the $100,000 cap for Hahn Loeser in accordance with Collier County's contract with Hahn Loeser to provide continued litigation support services in the Hussey v. Collier County litigation cases, to be paid by funds currently within the County Attorney's approved budget. Prepared by: Jeffrey A. Klatzkow, County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 16K9 September 14, 2010 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K9 Recommendation to approve increasing a Purchase Order to Hahn Loeser to add an additional $150,000 to the current $100,000 cap for the Hussey v. Collier County litigation cases, to be paid by funds currently within the County Attorneys approved budget. 9/14/20109:00:00 AM Prepared By Jeff Klatzkow County Attorney Date Approved By 9/7/201010:28:22 AM Jeff Klatzkow County Attorney Date Approved By 9/7/20101:10 PM OMB Coordinator County Manager's Office Date Office of Management & Budget 9/7/20101:29 PM Approved By Randy Greenwald Office of Management & Budget Management/Budget Analyst Date Office of Management & Budget 9/7/20102:13 PM Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 9/7/2010 3: 37 PM