Agenda 06/14/2011 Item #16K2
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EXECUTIVE SUMMARY
Recommendation to hire outside trial counsel Bricklemyer, Smolker & Bolves, P.A. in
the matter of Collier County v. First National Bank of Naples, Case Numbers 04N3S87
and 04N35S8 under contract # 06-4047 "Eminent Domain Legal Services".
OBJECTIVE: To obtain outside counsel to help represent Collier County in complex litigation
involving an eminent domain matter concerning the widening of Immokalee Road at and near the
intersection with Airport Pulling Road.
CONSIDERATIONS: In 2004, Collier County commenced an Immokalee Road road-widening
project for the second time in an approximate ten-year period. As a result of the road widening-
project, turning movements in and out of the Greentree Shopping Center (on the Southwest corner
of Immokalee and Airport Pulling Road) were altered. The owner of the Shopping Center has
asserted that altering the turning movements has damaged the entire shopping center in excess cl
$6,000,000.00. This sum does not include the value of the property that was taken in the road
widening project, which the parties have largely agreed upon, nor does it include attorney's al1ld
expert fees.
This item is the subject of complex litigation as a result of the parcel owners' assertion that the
County agreed during the first Immokalee Road widening project that the median openings would.
not be altered in the future. The primary dispute is the closure of a median opening during the six-
laning of Immokalee Road. It is the position of the County Attorney that in the interest of public.
safety the County possesses the absolute police power to close medians, that there never was MY
such agreement by the County that it would never do so, and that if there were an agreement it
would be unenforceable as a county cannot contract away its police power. Accordingly, it Is the
position of the County attorney that as a matter of law no damages are owed to the Sliob)ping
Center itself as a result of this taking.
This appears to be a test case for plaintiff's counsel, a statewide eminent domain firm, and
ultimately appears headed to the Florida Supreme Court.
The firm of Bricklemyer, Smolker & Bolves, P.A will be engaged under contract # 06-4047 "Eminent
Domain Legal Services" which was approved on 04/24/07, as Agenda Item 16K1. A second
executive summary to extend the contract was approved by the Board on 01/25/11, as Agenda
Item 16K1.
GROWTH MANAGEMENT IMPACT: There are no anticipated growth impacts with this item.
FISCAL IMPACT: It is anticipated that the hiring of outside counsel will lead to fees on behalf of
the firm of approximately $250,000. Funds are available in the FY 2011 Transportation budget.
Funds will come from gas taxes and/or impact fees.
RECOMMENDATION: That the Board of County Commissioners authorize the hiring of the firm
Bricklemyer, Smolker & Bolves, P.A. to help represent Collier County in the eminent domain matter
concerning the alleged loss of access as a result of widening of Immokalee Road.
. PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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6/14/2011 Item 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
Item Summary: Recommendation to hire outside trial counsel Bricklemyer, Smolker &
Bolves, P.A. in the matter of Collier County v. First National Bank of Naples, Case Numbers 04M
3587 and 04-3588 under contract # 06-4047 "Eminent Domain Legal Servicesu.
Meeting Date: 6/14/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/12/2011 8:23:37 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 5/]2/2011 1 :42:07 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 5/12/2011 3:16:21 PM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 5/12/201] 4:37:43 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Dat~: 5/24/2011 3:] 8:14 PM
Name: Williams Steven
Title: Assistant County Attorney,County Attorney
Date: 5/26/2011 3:58:28 PM
Name: FederNon11an
Title: Administrator - Growth Management Div,Transportati
Date: 5/26/2011 4:31 :11 PM
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6/14/2011 Item 16.K.2.
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/27/2011 11:27:51 AM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 6/2/2011 4:59:38 PM
Name: OchsLeo
Title: County Manager
Date: 6/5/2011 2:44:40 PM
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6/14/2011 Item 16.K.2.
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613 RiCkLEMYER: '"
.,- SMOLKER ge BOLyES
AT T 0 R,N r;,ys A T -L^,~,
JEFFREY L HIND~. ~SQ:
]effreyH@bsbfirm.cam
March ,7, 2011
BY E,MArL ONLY
cJ J~ JJS-,l)ro
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Jeffrey A.K1~tzkaw~: Cbllier:CollOty A!Xarn~r
Heidi Asht9n"-CickC!, Sectia,ri Chief ' ';' '
Office, of theCouDt}rAttorney "
3299 East Tamiann Trail. Suite 800 '
NapleS, FL' 34ll7.-4902 .
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Re; ColIie~ County y. First National BlrOkof Naples, et a1
Case Na.:' .', - 04-:3S87,CA & 04..3588..CA ,
Parcels: ' ' ' 131,131A,131B. ' . :, {
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Dear Jeff 8JldI:Jeidi.
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, Think you far takirlg'tiine to meet with Jay and tWe are looking fprward to. repreSenting
the COUDtyon this- v.ery significant matter. , ' . , ' "
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, You asked us to provide yd~' wi.ch,anon;bindingestimateof the County'scostsup t(f~d'
including tri,a~ We estimate the C<;lunty's potential. costs to., be - hetween $200,000.00 and,
$225,000.00. including attorney and ~pert time tog~thet with litigation costs. ,This estimate ~es'
not include owners' fees ~d costs, 'outdOes take into-acco.unt ~iir mutUal underStan~g that'due 'to
the age of the file, the County's experts'may need to. ~akea .fresh look at the case~ '
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_ As we discussed"our'~stimate ~ay 'Vary greatiyJrom the County's'ac~al cost depending on a
variety of factors, maIiy of which ,are not'~t$in. the ,CountY's control. Notwithst?nding, Jay and I
are committed to ~ng the Co~nty's costs wbile praviding a vigorous defense and taking
, action to vindicate the principles ~7e discussed last Friday.: , ,:, ;
Please feel -free to' call eitb.er Jay' or I With ~y qU,estionsyou may have. In the meantime,
ha~g yourfileS duplica~edand-sent to useithe~ electr6~tallyor in hardcopy would~help-us begfu
preparingtom~etthedead1in~iri theAgreed,CaseM~,ageInentOrder.' -, -
Y9urS Sincerely,
: By:
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Jlli!dc , _ .
cc: Jay Bartlett
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500 East Kennedy Bouleva;d, SUlte'2oo.:Ta:mp~;'i=L33602 :'~',~'1~~~~~3888', F 813~22s:.6422
1645 East Highway 50, Syite102,GleilTlo(lt. FL 341'11 ,:,": ,:P'S52-404-93,i'1' :F352~404~9042:
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