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Agenda 03/14/2017 Item #16K303/14/2017 EXECUTIVE SUMMARY Recommendation to approve for payment the attached invoice at the negotiated amount of $715 for expert fees for the taking of Parcel 196RDUE in the pending case styled Collier County v. Juan E. Navarro, et al, Case No. 15-CA-154, required for the Golden Gate Blvd. Project No. 60040 (12th Street East to west of 16th Street East). (Fiscal Impact: $715) OBJECTIVE: That the Board of County Commissioners (Board) approve for payment the attached invoice at the negotiated amount of $715.00 for expert fees for the taking of Parcel 196RDUE required for the Golden Gate Blvd. Project No. 60040 (12th Street East to west of 16th Street East). CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 196RDUE in order to construct roadway, drainage and utility improvements required for the expansion of Golden Gate Blvd. from 12th Street East to west of 16th Street East. On July 30, 2015, the Court entered an Order of Taking for the required property and the County subsequently deposited a good faith estimate of value in the amount of $36,200.00 into the Court Registry. The right-of-way roadway, drainage and utility easement, approximately 8,149 square feet in size, was taken from property owned by Thomas Marshky, Jr. On February 28, 2017, the Board authorized a Joint Motion for Final Judgment in the amount of $49,040.00, plus statutory attorney’s fees in the amount of $5,689.20, and expert fees in the amount of $9,915.00. The Respondent’s counsel inadvertently left out an expert invoice to estimate budget for relocation and installation of a fence in the amount of $950. Through negotiations, the County Attorney’s Office was able to reduce this bill to $715.00. The County Attorney’s Office and Transportation recommended that the Board approve the attached invoice for payment of the negotiated amount of $715.00. Should this recommendation be denied, the property owner’s expert may petition the court to award payment of a fee with the County being responsible for the cost of the expert’s legal representation at the hearing. Under Fla. Stat. §73.091, the County is responsible for payment of the owner’s expert witness fees in defense of the proceedings. FISCAL IMPACT: Funds in the amount of $715.00 are available in the Golden Gate Blvd. Transportation Capital Improvement Project No. 60040. 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: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To approve for payment the attached invoice at the negotiated amount of $715.00 for expert fees in the pending case styled Collier County v. Juan E. Navarro, et al, Case No. 15- CA-154, for the taking of Parcel 196RDUE required for the Golden Gate Blvd. Project No. 60040 (12th Street East to west of 16th Street East). PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney ATTACHMENT(S) 1. Parcel 196 - invoice (PDF) 16.K.3 Packet Pg. 1155 03/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3 Doc ID: 2842 Item Summary: Recommendation to approve for payment the attached invoice at the negotiated amount of $715 for expert fees for the taking of Parcel 196RDUE in the pending case styled Collier County v. Juan E. Navarro, et al, Case No. 15-CA-154, required for the Golden Gate Blvd. Project No. 60040 (12th Street East to west of 16th Street East). (Fiscal Impact: $715) Meeting Date: 03/14/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 03/06/2017 8:52 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 03/06/2017 8:52 AM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/06/2017 8:55 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/06/2017 9:07 AM Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 03/06/2017 1:23 PM Growth Management Department Michael Cox Additional Reviewer Skipped 03/06/2017 1:26 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 03/06/2017 1:26 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/06/2017 4:16 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2017 4:44 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/07/2017 9:27 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/07/2017 11:08 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/07/2017 1:38 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM 16.K.3 Packet Pg. 1156 t SCHNEIDER CONSTRUCTION Invoke Proposal Submitted to: Job Name: Ken Jones Right-a-way Roetzel & Andress LPA 110 10th St. SE 2320 First Street, Fort Myer Naples, FL Date: 07/06/2015 1. Summary of Work: budget estimate for the above-referenced project includes labor and material to relocate and install 270' of wire mesh fence with wooden posts, cap and reconfigure the existing irrigation and landscape repair. 11. Time 10 Hours @ $95.00/Hr $ 950.00 Total Invoice $ 950.00 e7. Date 7--e -45 Tobey Schtelder, President 1465 Rosada Way Fort Myers, Florida 33901 Phone # (239) 462-3230, Fax # (239) 790-2690 E-mail : Tobey@SchneiderConstruction.us 16.K.3.a Packet Pg. 1157 Attachment: Parcel 196 - invoice (2842 : Payment of expert fees - parcel 196RDUE - $715.00 - project 60040 - 15-CA-154 - Navarro)