Agenda 03/14/2017 Item #16K303/14/2017
EXECUTIVE SUMMARY
Recommendation to approve for payment the attached invoice at the negotiated amount of $715 for
expert fees for the taking of Parcel 196RDUE in the pending case styled Collier County v. Juan E.
Navarro, et al, Case No. 15-CA-154, required for the Golden Gate Blvd. Project No. 60040 (12th
Street East to west of 16th Street East). (Fiscal Impact: $715)
OBJECTIVE: That the Board of County Commissioners (Board) approve for payment the attached
invoice at the negotiated amount of $715.00 for expert fees for the taking of Parcel 196RDUE required
for the Golden Gate Blvd. Project No. 60040 (12th Street East to west of 16th Street East).
CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 196RDUE
in order to construct roadway, drainage and utility improvements required for the expansion of Golden
Gate Blvd. from 12th Street East to west of 16th Street East. On July 30, 2015, the Court entered an
Order of Taking for the required property and the County subsequently deposited a good faith estimate of
value in the amount of $36,200.00 into the Court Registry. The right-of-way roadway, drainage and
utility easement, approximately 8,149 square feet in size, was taken from property owned by Thomas
Marshky, Jr. On February 28, 2017, the Board authorized a Joint Motion for Final Judgment in the
amount of $49,040.00, plus statutory attorney’s fees in the amount of $5,689.20, and expert fees in the
amount of $9,915.00. The Respondent’s counsel inadvertently left out an expert invoice to estimate
budget for relocation and installation of a fence in the amount of $950. Through negotiations, the County
Attorney’s Office was able to reduce this bill to $715.00. The County Attorney’s Office and
Transportation recommended that the Board approve the attached invoice for payment of the negotiated
amount of $715.00. Should this recommendation be denied, the property owner’s expert may petition the
court to award payment of a fee with the County being responsible for the cost of the expert’s legal
representation at the hearing. Under Fla. Stat. §73.091, the County is responsible for payment of the
owner’s expert witness fees in defense of the proceedings.
FISCAL IMPACT: Funds in the amount of $715.00 are available in the Golden Gate Blvd.
Transportation Capital Improvement Project No. 60040. The primary funding source for the acquisition
of right-of-way is impact fees. Should impact fees not be sufficient within a particular project, the
secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - JAB
RECOMMENDATION: To approve for payment the attached invoice at the negotiated amount of
$715.00 for expert fees in the pending case styled Collier County v. Juan E. Navarro, et al, Case No. 15-
CA-154, for the taking of Parcel 196RDUE required for the Golden Gate Blvd. Project No. 60040 (12th
Street East to west of 16th Street East).
PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Parcel 196 - invoice (PDF)
16.K.3
Packet Pg. 1155
03/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 2842
Item Summary: Recommendation to approve for payment the attached invoice at the negotiated
amount of $715 for expert fees for the taking of Parcel 196RDUE in the pending case styled Collier
County v. Juan E. Navarro, et al, Case No. 15-CA-154, required for the Golden Gate Blvd. Project No.
60040 (12th Street East to west of 16th Street East). (Fiscal Impact: $715)
Meeting Date: 03/14/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/06/2017 8:52 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/06/2017 8:52 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/06/2017 8:55 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/06/2017 9:07 AM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 03/06/2017 1:23 PM
Growth Management Department Michael Cox Additional Reviewer Skipped 03/06/2017 1:26 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 03/06/2017 1:26 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/06/2017 4:16 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2017 4:44 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/07/2017 9:27 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/07/2017 11:08 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/07/2017 1:38 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM
16.K.3
Packet Pg. 1156
t
SCHNEIDER
CONSTRUCTION
Invoke
Proposal Submitted to: Job Name:
Ken Jones Right-a-way
Roetzel & Andress LPA 110 10th St. SE
2320 First Street, Fort Myer Naples, FL
Date: 07/06/2015
1. Summary of Work: budget estimate for the above-referenced project includes labor and
material to relocate and install 270' of wire mesh fence with wooden posts, cap and reconfigure the
existing irrigation and landscape repair.
11. Time
10 Hours @ $95.00/Hr $ 950.00
Total Invoice $ 950.00
e7. Date 7--e -45
Tobey Schtelder, President
1465 Rosada Way Fort Myers, Florida 33901 Phone # (239) 462-3230, Fax # (239) 790-2690
E-mail : Tobey@SchneiderConstruction.us
16.K.3.a
Packet Pg. 1157 Attachment: Parcel 196 - invoice (2842 : Payment of expert fees - parcel 196RDUE - $715.00 - project 60040 - 15-CA-154 - Navarro)