File #: RES 2023-115    Name: Retainer Agreement in Opposition to Turnpike Expansion
Type: Resolution Status: Passed
File created: 6/5/2023 In control: City Commission
On agenda: 6/8/2023 Final action: 6/8/2023
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A RETAINER AGREEMENT WITH THE LAW FIRM OF TRIPP SCOTT, P.A. TO ASSIST THE CITY WITH THE OPPOSITION TO FLORIDA'S TURNPIKE EXPANSION FROM ATLANTIC BOULEVARD TO WILES ROAD ADJACENT TO THE CITY OF COCONUT CREEK, INCLUDING BUT NOT LIMITED TO THE PREPARATION FOR AND ATTENDANCE AT THE PUBLIC HEARINGS AND MEETINGS SCHEDULED BY FLORIDA'S TURNPIKE ENTERPRISE (FTE) AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND PREPARATION OF A COMPLAINT REGARDING SAME TO BE FILED ON BEHALF OF THE CITY IN COURT. (NEW ITEM)
Indexes: Agreement, City Attorney, FDOT, Legal Services, Resolution, Retainer , Turnpike Expansion
Attachments: 1. RESOLUTION 2023-115-Tripp Scott Retainer Agrmt-Turnpike Expansion, 2. EXHIBIT A-Tripp Scott Retainer Agreement-Turnpike Expansion

AGENDA ITEM REPORT

TITLE:

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A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A RETAINER AGREEMENT WITH THE LAW FIRM OF TRIPP SCOTT, P.A. TO ASSIST THE CITY WITH THE OPPOSITION TO FLORIDA’S TURNPIKE EXPANSION FROM ATLANTIC BOULEVARD TO WILES ROAD ADJACENT TO THE CITY OF COCONUT CREEK, INCLUDING BUT NOT LIMITED TO THE PREPARATION FOR AND ATTENDANCE AT THE PUBLIC HEARINGS AND MEETINGS SCHEDULED BY FLORIDA’S TURNPIKE ENTERPRISE (FTE) AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND PREPARATION OF A COMPLAINT REGARDING SAME TO BE FILED ON BEHALF OF THE CITY IN COURT. (NEW ITEM)

 

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BACKGROUND:

The City of Coconut Creek is opposed to Florida’s Turnpike expansion from Atlantic Boulevard to Wiles Road adjacent to the City of Coconut Creek (entire project I-595 to Wiles Road) due to the proposed addition of lanes to the west side of the centerline of the Turnpike adjacent to the eastern border of the City between Atlantic Boulevard and Wiles Road. The City has been opposed to this westward shift since we learned about it in 2017 and successfully got the project postponed at that time. Florida’s Turnpike Enterprise (FTE) is again proposing to expand the Turnpike from six (6) lanes to ten (10) lanes with all four (4) additional lanes to be constructed to the west side of the centerline of the road.  This will put the Turnpike dramatically closer to many of our residents’ backyards, impacting properties along the entire eastern boundary of the City.    

DISCUSSION:

Based on the direction given at the May 11, 2023, City Commission Meeting, this item is before you to approve a team of attorneys from the Law Firm of Tripp Scott, P.A. (“the Firm”) to assist the City with its opposition to the Turnpike Expansion, including but not limited to: preparation for and attendance at upcoming public hearings and meetings, and preparation of a Complaint to be filed on behalf of the City regarding the Turnpike Expansion. The Firm’s primary attorneys that will assist us in this matter include, but are not limited to: Daniel E. Taylor, Esq., Wilson C. Atkinson, III, Esq., Paul O. Lopez, Esq. and Ed J. Pozzuoli, Esq.

RECOMMENDATION:

Staff recommends approval of this resolution.

FISCAL IMPACT:

REVENUES:                                          $ 0

EXPENDITURES:                     $ 30,000.00 (estimated)

BUDGETED?                                          Yes

NOTES:                     Funds available in Account Number 0113-3112, Outside Legal Counsel.  This Firm's rate is $525.00 per hour with an estimated 50 - 60 hours to complete the project. Litigation time and costs may result in additional time and amounts beyond the above estimates, but the agreement can be terminated at any time.