Agenda 05/24/2022 Item #16K 6 (Attorney Fees for Purchase of Golden Gate Golf Course)
Proposed Agenda Changes
Board of County Commissioners Meeting
May 24, 2022
Add On Item 5C: Minto US Open Pickleball Championships Presentation (Commissioner Taylor’s request)
Continue item 10A to the June 28, 2022, BCC Meeting: Recommendation to consider Board support of the
colocation of a proposed Saint Padre Pio College of Osteopathic Medicine on the campus of Ave Maria
University. (Sponsored by Commissioner McDaniel) (District 5) (Commissioner McDaniel’s request)
Continue item 16A14 to the June 14, 2022, BCC Meeting: Recommendation to adopt a resolution approving
and authorizing the execution of a Public Transit Grant Agreement (PTGA) between Collier County and the
Florida Department of Transportation (FDOT) to accept Federal Transit Administration (FTA) Section
5339 Bus and Bus Facilities funds in the amount of $222,355, for the necessary improvements to bus stops in
accordance with the Americans with Disabilities Act (ADA) in the rural service area and authorizing the
necessary budget amendments. (Transit Grant Fund 424) (District 5) (Staff’s request)
Move Item 16K6 to Item 12A: Recommendation to pay Richard Yovanovich, Esq. for attorney’s fees in the
amount of $9,060, for Sellers Robert Vocisano and Mario Vocisano in connection with the rezoning of the
Golden Gate Golf Course, including the hotel site to a Mixed-Use Planned Unit Development, pursuant to
the terms of the Second Amendment to Agreement relating to the County’s purchase of the Golden Gate
Golf Course. (All Districts) (Commissioner Taylor’s request)
Move Item 16A17 to Item 11E: Recommendation to amend Exhibit “A” to Resolution No. 2013-238, as
amended, the list of Speed Limits on County Maintained Roads, to reflect speed limit changes at six separate
locations. (Estimated Fiscal Impact: $1,000, Transportation Operating Fund 101) (All Districts)
(Commissioner LoCastro’s request)
Move Item 17C to 9B: ** This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve an Ordinance amending Ordinance Number 08-41, the First Assembly Ministries Education &
Rehabilitation Campus MPUD, as amended, to change the name of the MPUD to Collier Boulevard Lord’s
Way MPUD; to remove the daycare use and allow the church use as an interim use for up to 5 years; to
increase the number of dwelling units from 306 units to 690 units with 76 affordable housing units; and to
reallocate the uses, revise the development standards and the PUD master plan for the PUD property
consisting of 69± acres located on the northeast corner of the intersection of Collier Blvd. (C.R. 951) and
Hacienda Lakes Parkway formerly Lord’s Way, in Section 14, Township 50 South, Range 26 East, Collier
County, Florida; and by providing an effective date. [Petition Number PL20200000114]. (This is a
companion item to 17D, The companion item must be approved concurrent with this item.) (District 1)
(Commissioner Taylor’s request)
Move Item 17D to 9C: ** An Ordinance of the Board of County Commissioners amending Ordinance 89-05,
as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use
Element and maps to change the Mixed Use District, Collier Boulevard Community Facility Subdistrict; to
increase the maximum dwelling units from 306 to 690 with some affordable housing; to remove childcare
facilities as an allowed use and allow the church to continue as an interim use for up to 5 years, and
furthermore directing transmittal of the adoption amendment to the Florida Department of Economic
Opportunity. The subject property is located at the northeast corner of the intersection of Collier Boulevard
and Hacienda Lakes Parkway formerly known as Lord’s Way in Section 14, Township 50 South, Range 26
East, consisting of 69± acres. (This is a companion item to 17C, The companion item must be approved
concurrent with this item.) (Adoption Hearing). (District 1) (Commissioner Taylor’s request)
Notes: ** Applicant for the now Items 9B & 9C is asking for a continuance on these items.
‐ “PL20210001560 – Originally heard at the May 10th Board hearing (then Item 9D), being continued to the
June 28, 2022, BCC hearing ‐ Recommendation to approve an Ordinance of the Board of County
Commissioners of Collier County, Florida, that Simplifies Replatting Golden Gate Estates Tracts by
Amending Ordinance Number 04‐41, as amended, the Collier County Land Development Code, Which
Includes the Comprehensive Land Regulations for the Unincorporated Area of Collier County, Florida, to
Create Site Design Standards and Waive Subdivision Improvements for the Subdividing of Golden Gate
Estates Tracts, by Providing for: Section One, Recitals; Section Two, Findings Of Fact; Section Three,
Adoption of Amendments to the Land Development Code, More Specifically Amending the Following:
Chapter Four – Site Design and Development Standards, Including Section 4.03.06 – Golden Gate Estates
Lot Divisions; and Appendix B – Typical Street Sections and Right‐Of‐Way Design Standards; Section Four,
Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and
Section Six, Effective Date.” (Staff’s request)
Time Certain Items:
Item 5A to be heard at 11:00 AM: Update for the Logan Boulevard Emergency Pump Operations
Items 11C and 11D will be heard immediately following their companion Item 9A: Emergency Rental
Assistance 1 and 2 programs, and Six Full-Time Equivalent (FTE) time-limited positions
6/6/2022 11:47 AM
05/24/2022
EXECUTIVE SUMMARY
Recommendation to pay Richard Yovanovich, Esq. for attorney’s fees in the amount of $9,060, for
Sellers Robert Vocisano and Mario Vocisano in connection with the rezoning of the Golden Gate
Golf Course, including the hotel site to a Mixed-Use Planned Unit Development, pursuant to the
terms of the Second Amendment to Agreement relating to the County’s purchase of the Golden
Gate Golf Course.
OBJECTIVE: To pay reasonable attorney’s fees of Seller for the rezoning of the hotel site which w as
included in the rezoning of the Golden Gate Golf Course to the Golden Gate Golf Course Mixed Use
Planned Unit Development in accordance with the terms of the Second Amendment to Agreement.
CONSIDERATIONS: On June 15, 2019, the Board ratified an Agreement for Sale and Purchase,
Amendment to Agreement, and a Second Amendment to Agreement and Post Closing Agreement with
Robert & Mario Vocisano for the purchase of the Golden Gate Golf Course located at 4100 Golden Gate
Blvd.
Section 7 of the Second Amendment to the Agreement provides:
7. After the Closing Date, County shall rezone the Property, together with the
Hotel, to allow County to use the Property as it deems best, and to allow
Seller to operate the Hotel as a hotel, as well as any uses permitted under
the current zoning as of the Closing Date. Seller shall join County in any
rezoning application or related process necessary for such rezoning. All
costs and expenses incurred by Seller in such rezoning shall be paid by
County, including all reasonable fees for Seller’s attorneys’ fees and costs,
and the fees of other professionals retained by Seller in connection with
the rezoning. [Emphasis added].
Per Section 7 of the Second Amendment to Agreement, “all costs and expenses incurred by Seller in such
rezoning shall be paid by the County, including all reasonable fees for Seller’s attorneys’ fees and costs”.
Counsel for Seller has submitted to the County 3 invoices for payment of attorney fees, billing for a total
of 13 hours at an hourly rate of $700. The 3 invoices cover the period from January 18, 2022 through
March 28, 2022, and total $9,060.
The hourly rate of Sellers’ Counsel of $700 is higher than the County pays for legal services. For
reference, below is a table reflecting the contracted hourly rates of the County’s Hearing Examiner, the
Special Magistrate, and various outside counsel firms, detailing the type of law and expertise. These rates
range from $175 to $550 per hour.
NAME OF ATTY/FIRM RATE PER
HOUR
TYPE OF SERVICE/EXPERTISE
Andrew Dickman, Esq. $225 County’s Hearing Examiner
Patrick Neale, Esq. $195 County’s Special Magistrate
Greg N. Woods, Esq. $275 - $350 Litigation
Nabors Giblin $175 - $200 Bond Counsel
Hopping, Green & Sams $200 - $330 Expertise in Land Use, CDDs and
Environmental Law
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Baker Donelson $230 - $550 Expertise in FEMA Litigation
Allen, Norton & Blue $270 Employment Law
Fixel Law Firm $220 Expertise in Eminent Domain
Mr. Yovanovich was asked to consider a reduction to his attorney’s fees. In response, he stated that he
believes the fee is fair and reasonable, and he did not bill for all of his time in the matter. See email
attachment.
FISCAL IMPACT: Funding is available in the Golden Gate Golf Course Project # 80412 within the
County-Wide Capital Project fund (301).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. (HFAC)
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: To pay the attorney’s fees of Seller in the amount of $9,060 for the rezoning of
the hotel site which was included in the rezoning of the Golden Gate Golf Course to the Golden Gate Golf
Course Mixed Use Planned Unit Development in accordance with the terms of the Second Amen dment to
Agreement.
Prepared by: Heidi Ashton-Cicko, Managing Assistant County Attorney
ATTACHMENT(S)
1. Second Amendment to Agreement (PDF)
2. Feb., Mar., Apr. Invoices from Coleman Yovanovich & Koester, P.A. (PDF)
3. Email from Richard E. Yovanovich dated May 3, 2022 (PDF)
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05/24/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 22143
Item Summary: Recommendation to pay Richard Yovanovich, Esq. for attorney’s fees in the
amount of $9,060, for Sellers Robert Vocisano and Mario Vocisano in connection with the rezoning of
the Golden Gate Golf Course, including the hotel site to a Mixed-Use Planned Unit Development,
pursuant to the terms of the Second Amendment to Agreement relating to the County’s purchase of the
Golden Gate Golf Course.
Meeting Date: 05/24/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
05/05/2022 10:57 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/05/2022 10:57 AM
Approved By:
Review:
Facilities Management Jennifer Belpedio Additional Reviewer Completed 05/05/2022 2:20 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/05/2022 4:06 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/06/2022 8:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/06/2022 2:48 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/15/2022 11:22 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/18/2022 12:27 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/24/2022 9:00 AM
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Packet Pg. 1456 Attachment: Second Amendment to Agreement (22143 : payment of attorney's fees - Golden Gate Golf Course rezone)
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Packet Pg. 1484 Attachment: Feb., Mar., Apr. Invoices from Coleman Yovanovich & Koester, P.A. (22143 : payment of attorney's fees - Golden Gate Golf Course
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Packet Pg. 1490 Attachment: Email from Richard E. Yovanovich dated May 3, 2022 (22143 : payment of attorney's fees - Golden Gate Golf Course rezone)