Agenda 11/10/2015 Item #16A25 11/10/2015 16.A.25.
EXECUTIVE SUMMARY
Recommendation to approve increasing a Purchase Order for outside counsel, Smolker Bartlett
Loeb Hinds & Sheppard P.A., in the amount of$30,000 for anticipated attorney fees in support of
eminent domain litigation for the US-41 / Collier Boulevard Intersection Improvement Project
(Project No. 60116). Fiscal Impact$30,000.
OBJECTIVE: To support the pending litigation over the matter of full compensation and
business damages for the taking of property required for the construction of improvements to the
intersection of US-41 and Collier Boulevard.
CONSIDERATIONS: The County retained the law firm of Smolker Bartlett Loeb Hinds &
Sheppard, P.A. ("Smolker Bartlett") to assist with the eminent domain litigation for the US-41 /
Collier Boulevard Intersection Improvement Project, Project No. 60116.
There are nine parcels remaining in this project being handled by Smolker Bartlett. Seven of the
remaining parcels were condemned from Lowe's Home Centers, Inc. Those parcels are
scheduled to go to trial in February, but it is expected that the parties will be able to resolve the
case through mediation. With that in mind, it is estimated that an additional $30,000 will be
required to negotiate final judgments with opposing counsel on the remaining parcels.
FISCAL IMPACT: Funds in the amount of $30,000 are available in the Transportation US
41/SR-CR-951 Intersection Improvement Project (#60116) for increasing the existing vendor
purchase order. There is no incremental maintenance cost associated with this action. Source of
funds will be gas taxes and/or road impact fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact association
with this recommendation.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. -ERP
RECOMMENDATION: To approve increasing a Purchase Order in the amount of$30,000 to
cover attorney fees anticipated in support of eminent domain litigation for the US-41 / Collier
Boulevard Intersection Improvement project; and approve any and all budget amendments which
may be required in order to carry out the collective will of the Board.
Prepared by: Emily Pepin, Esq., Assistant County Attorney
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11/10/2015 16.A.25.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.25.
Item Summary: Recommendation to approve increasing a Purchase Order for outside
counsel, Smolker Bartlett Loeb Hinds &Sheppard P.A., in the amount of$30,000 for anticipated
attorney fees in support of eminent domain litigation for the US-41/Collier Boulevard
Intersection Improvement Project (Project No. 60116). Fiscal Impact $30,000.
Meeting Date: 11/10/2015
Prepared By
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
10/21/2015 12:17:32 PM
Submitted by
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Name: HendricksKevin
10/21/2015 12:17:33 PM
Approved By
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 10/21/2015 1:59:27 PM
Name: AhmadJay
Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management
Date: 10/21/2015 2:53:46 PM
Name: KearnsAllison
Title: Manager-Financial &Operational Sprt, Capital Construction &Maintenance Budget/Fiscal
Date: 10/21/2015 8:33:26 PM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 10/22/2015 8:38:14 AM
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11/10/2015 16.A.25.
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction &Maintenance Budget/Fiscal
Date: l 0/22/2015 2:56:27 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 10/23/2015 9:26:36 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/26/2015 11:57:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2015 4:52:13 PM
Name: UsherSusan
Title: ManagementBudget Analyst, Senior, Office of Management&Budget
Date: 11/2/2015 10:24:48 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/2/2015 2:48:16 PM
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