Agenda 06/12/2018 Item #16K 406/12/2018
EXECUTIVE SUMMARY
Recommendation to approve a settlement for supplemental attorney’s fees in the amount of $8,103
related to the taking of Parcel 364RDUE in the case styled Collier County v. Steven A. Edwards, et
al., Case No. 16-CA-1327 required for improvements to Golden Gate Boulevard (Project No.
60145). [Fiscal Impact: $8,103]
OBJECTIVE: To settle compensation for supplemental attorney’s fees related to the taking of Parcel
364RDUE required for the road widening of Golden Gate Boulevard from 20th Street East to east of
Everglades Blvd., Project No. 60145, hereinafter referred to as the “Project.”
CONSIDERATIONS: On January 23, 2018, the Board approved a mediated settlement agreement for
Parcel 364RDUE, wherein the parties reserved the award of attorney’s fees incurred as a result of
apportionment proceedings to be brought back to the Board for subsequent approval. The estimated fees
incurred at that time were $8,800. In addition to statutory fees awarded based on the benefit formula in
Section 73.092(1), Florida Statutes, Section 73.092(2), F.S., requires the County to pay reasonable hourly
attorney’s fees incurred for proceedings apportioning the awarded funds amongst all interested parties, if
applicable.
Respondents filed their Motion to Tax Attorney Fees and Costs requesting the Court order the County to
pay $8,970.28 in attorney’s fees for supplemental proceedings. Through negotiations, the parties reached
a settlement in the amount of $8,103 for all outstanding fees. Respondents will not be entitled to any
further compensation, fees or costs regarding this taking.
The County Attorney’s Office and Staff recommend approval of the attached Stipulated Order for
Attorney Fees and Costs in the amount of $8,103 as (1) we believe that the attorney’s claims were fair and
reasonable; and (2) it would cost more for the County to hire an expert for a cost hearing than any
potential cost savings that could be realized.
FISCAL IMPACT: Funds in the amount of $8,103 will be paid from gas taxes and/or impact fees from
Golden Gate Blvd. Project No. 60145. 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: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: Approve payment of supplemental attorney’s fees and costs in the amount of
$8,103 related to the taking of Parcel 364RDUE, in the case styled Collier County v. Steven A. Edwards,
et al., Case No. 16-CA-1327 required for improvements to Golden Gate Boulevard (Project No. 60145).
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. 012318 executive summary.mediated settlement agree (PDF)
2. motion to tax attorney fees and costs.parcel 364.s (PDF)
3. proposed stipulated order on attorney fees and cos (PDF)
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06/12/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 5843
Item Summary: Recommendation to approve a settlement for supplemental attorney’s fees in the
amount of $8,103 related to the taking of Parcel 364RDUE in the case styled Collier County v. Steven A.
Edwards, et al., Case No. 16-CA-1327 required for improvements to Golden Gate Boulevard (Project No.
60145). [Fiscal Impact: $8,103]
Meeting Date: 06/12/2018
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
06/01/2018 8:47 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/01/2018 8:47 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/01/2018 11:14 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/01/2018 3:24 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 06/04/2018 10:39 AM
Growth Management Department Rosa Villarreal Additional Reviewer Skipped 06/04/2018 10:42 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 06/04/2018 10:44 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/04/2018 11:02 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/04/2018 11:09 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/04/2018 1:39 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/04/2018 4:23 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/05/2018 10:31 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM
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01/23/2018
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $58,250 for full
compensation for the taking of Parcel 364RDUE and $10,529.50 for statutory attorney fees, expert
fees and costs, in the case styled Collier County v. Steven A. Edwards, et al., Case No. 16-CA-1327
required for improvements to Golden Gate Boulevard (Project No. 60145). [Fiscal Impact:
$31,749.50]
OBJECTIVE: To settle full compensation owed for the taking of Parcel 364RDUE required for the road
widening of Golden Gate Boulevard from 20th Street East to east of Everglades Blvd., Project No. 60145,
hereinafter referred to as the “Project.”
CONSIDERATIONS: On April 26, 2016, the Board approved Condemnation Resolution 2016-89 to
acquire the necessary property to construct the Project. Pursuant to the Order of Taking entered
November 22, 2016, the County condemned Parcel 364RDUE and deposited a good faith estimate of
value in the amount of $37,200 into the Court Registry. Parcel 364RDUE is a road right-of-way,
drainage, and utility easement containing 8,939 square feet taken from property jointly owned by Ostin
Stinfila, Yonel Joseph, and Felix Iglesias, which is improved by a single-family residence. The Court
ordered the parties conduct mediation, which was held on November 21, 2017. The property owners’
appraiser valued compensation for the parcel of $93,000, citing negative impacts to the property after the
taking that included a loss of utilization of the front yard, a loss of buffering from the road, and a 46%
reduction in setback. The parties agreed to full compensation for the property interest taken in the amount
of $58,250, in addition to the amount of $10,529.50 for statutory attorney fees, and expert fees and costs.
Attorney fees for supplemental proceedings involving apportionment, provided for in § 73.092(2), Florida
Statutes, are not included in this settlement and are estimated to cost the County an additional $8,800.
This amount may increase depending on the time spent by the attorney for the apportionment hearing, and
will be brought back to the Board for approval at a later date.
The County Attorney’s Office (CAO) and Staff recommend approval of the attached Mediated Settlement
Agreement since a better result is not expected at trial. Upon approval, the CAO will file a Stipulated
Final Judgment, incorporating the same terms and conditions, with the Circuit Court. A fee of $170 is
required by the Clerk for the deposit of funds into the Court Registry.
FISCAL IMPACT: Funds in the amount of $31,749.50 are available in the Transportation Capital
Golden Gate Blvd. Improvement Project No. 60145. 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: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: Recommendation to approve a Mediated Settlement Agreement in the amount
of $58,250 for full compensation of the taking of Parcel 364RDUE, and $10,529.50 for statutory attorney
fees, expert fees, and costs, plus a $170 Clerk fee, in the case styled Collier County v. Steven A. Edwards,
et al., Case No. 16-CA-1327 required for improvements to Golden Gate Boulevard.
Prepared by: Emily R. Pepin, Assistant County Attorney
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Packet Pg. 2092 Attachment: 012318 executive summary.mediated settlement agree (5843 : Recommendation to approve settlement supplemental attorney's
01/23/2018
ATTACHMENT(S)
1. Mediated Settlement Agreement (PDF)
2. Aerial Photograph.Parcel 364RDUE (PDF)
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Packet Pg. 2093 Attachment: 012318 executive summary.mediated settlement agree (5843 : Recommendation to approve settlement supplemental attorney's
Filing # 71208510 E-Filed 04/25/2018 11:11:44 AM 16.K.4.b
Packet Pg. 2094 Attachment: motion to tax attorney fees and costs.parcel 364.s (5843 : Recommendation to approve settlement supplemental attorney's fees in
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Packet Pg. 2095 Attachment: motion to tax attorney fees and costs.parcel 364.s (5843 : Recommendation to approve settlement supplemental attorney's fees in
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Packet Pg. 2096 Attachment: motion to tax attorney fees and costs.parcel 364.s (5843 : Recommendation to approve settlement supplemental attorney's fees in
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Packet Pg. 2097 Attachment: motion to tax attorney fees and costs.parcel 364.s (5843 : Recommendation to approve settlement supplemental attorney's fees in
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Packet Pg. 2098 Attachment: motion to tax attorney fees and costs.parcel 364.s (5843 : Recommendation to approve settlement supplemental attorney's fees in
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Packet Pg. 2099 Attachment: motion to tax attorney fees and costs.parcel 364.s (5843 : Recommendation to approve settlement supplemental attorney's fees in
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Packet Pg. 2100 Attachment: proposed stipulated order on attorney fees and cos (5843 : Recommendation to approve settlement supplemental attorney's fees
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Packet Pg. 2101 Attachment: proposed stipulated order on attorney fees and cos (5843 : Recommendation to approve settlement supplemental attorney's fees
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Packet Pg. 2102 Attachment: proposed stipulated order on attorney fees and cos (5843 : Recommendation to approve settlement supplemental attorney's fees
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Packet Pg. 2103 Attachment: proposed stipulated order on attorney fees and cos (5843 : Recommendation to approve settlement supplemental attorney's fees