Agenda 12/14/2021 Item #16K10 (Payment of statutory attorney fees for an Eminent Domain project action of the Golden Gate Blvd Expansion)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize payment of statutory attorney's fees and costs pursuant
to Section 73.092, Fla. Stat. incurred by attorney ad litem appointed by the Court to assist with
Collier County v. George A. Nestory, et. al., Case No. 16-CA-1347 regarding Collier County's
Eminent Domain project action for the expansion of Golden Gate Blvd., Project No. 60145.
OBJECTIVE: To authorize the payment of statutory attorney's fees incurred by attorney ad litem in
Eminent Domain litigation.
CONSIDERATIONS: On April 26, 2016, the Board authorized, via Resolution No. 2016-90, the
condemnation of Parcel 388RDUE for the construction of roadway, drainage and utility improvements
required for the expansion of Golden Gate Blvd. from 201h Street East to Everglades Blvd. During the
course of litigation, in April 2019, the Court appointed attorney James Goetz to serve as ad litem attorney
to assist the County and the homeowners with settling final compensation for this parcel. Attorney Goetz
completed the Court's request and submitted a $1,500 invoice for payment. The ad litem attorney
working on this Eminent Domain action is entitled to having the fees and costs paid pursuant to Section
73.092, Fla. Stat. The $1,500 attorneys' fees, which staff considers to be reasonable, will be paid directly
to the property owner's ad litem attorney, James Goetz, at the law firm Goetz and Goetz.
The Transportation Engineering Division recommends approval of payment of the Respondent's
attorney's fees and costs in compliance with Section 73.092, Fla. Stat.
FISCAL IMPACT: Funds in the amount of $1,500 are available in the Golden Gate Blvd. expansion
fund, Project 60145. The primary funding source for the acquisition is impact fees. Should impact fees
not be sufficient within the project, the secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Section 73.092, Fla. Stat. requires attorney's fees and costs to be paid
by the Petitioner Collier County. This item is approved as to form and legality and requires a majority
vote for Board approval. - CMG
RECOMMENDATION: To approve and authorize payment of statutory attorney's fees and costs
incurred by attorney ad litem appointed by the Court to assist with Collier County v. George A. Nestory,
et. al., Case No. 16-CA-1347 regarding Collier County's Eminent Domain project action for the
expansion of Golden Gate Blvd., Project No. 60145.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. Statement l_from Goetz_Goetz80336 (PDF)
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16.K.10
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doe ID: 20725
Item Summary: Recommendation to approve and authorize payment of statutory attorney's fees
and costs pursuant to Section 73.092, Fla. Stat. incurred by attorney ad litem appointed by the Court to
assist with Collier County v. George A. Nestory, et. al., Case No. 16-CA-1347 regarding Collier County's
Eminent Domain project action for the expansion of Golden Gate Blvd., Project No. 60145.
Meeting Date: 12/14/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Jessica Hayes
11/30/2021 2:46 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
11/30/2021 2:46 PM
Approved By:
Review:
Transportation Engineering
Robert Bosch
Additional Reviewer
Transportation Engineering
Jay Ahmad
Additional Reviewer
Growth Management Department
Lisa Taylor
Additional Reviewer
Growth Management Department
Trinity Scott
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell
County Attorney's Office
Colleen Greene
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Growth Management Operations Support
Christopher Johnson
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
11/30/2021 3:26 PM
Completed
12/01/2021 7:35 AM
Completed
12/06/2021 11:27 AM
Completed
12/06/2021 1:11 PM
Additional Reviewer Completed
Completed
12/07/2021 9:29 AM
Completed
12/07/2021 9:37 AM
Additional Reviewer Completed
Completed
12/07/2021 1:49 PM
Completed
12/07/2021 2:21 PM
12/14/2021 9:00 AM
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Goetz & Goetz
Statement
16.K.10.a
33 Barkley Circle
Unit 100
Fort Myers, FL 33907-7678
Phone # 239-936-2841 Fax # 239-936-4197
To:
Collier County Board of County
Commissioners c/o Collier
County Attorney's Office
3299 E. Tamiami Trail, Ste 800
Naples, FL 34112
Date
10/19/2021
Amount Due
Amount Enc.
$1,500.00
Hearing Date
Transaction Description
Fee Amount
04/10/2019
INV #48956. Due 04/10/2019. Orig. Amount $750.00.
750.00
--- 106, 3 @ $250.00 = 750.00
02/13/2020
INV #49820. Due 02/13/2020. Orig. Amount $750.00.
750.00
--- 106, 3 @ $250.00 = 750.00
CURRENT
1 30 DAYS DUE
31-60 DAYS PAST
61-90 DAYS PAST
OVER 90 DAYS
Amount Due
DUE
DUE
PAST DUE
0.00
0.00
0.00
0.00
1,500.00
$1,500.00
Make Funds payable to Goetz and Goetz.
Tax ID 59-2032641
Thank you for your business!
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