Agenda 05/12/2015 Item #16A18CC v. Morgan – 07-4400-CA
4/28/15 - #4408
EXECUTIVE SUMMARY
Recommendation to authorize a budget amendment for attorney’s fees awarded by the
Court for supplemental proceedings in the case of Collier County v. Andy Morgan, Case
No. 07-4400-CA. (Santa Barbara Extension Project No. 60091). (Fiscal Impact: $58,829)
______________________________________________________________________________
OBJECTIVE : That the Board of County Commissioners authorize a budget amendment for
attorney’s fees awarded by the Court for supplemental proceedings in the case of Collier County
v. Andy Morgan, Case No. 07-4400-CA (Santa Barbara Extension Project No. 60091).
CONSIDERATIONS: On April 23, 2015, the Court at a fee hearing entered an order approving
attorney’s fees in the amount of $58,829 for supplemental proceedings relating to hearings on a
Motion for Interest on Deposit and a Motion for Apportionment. On August 17, 2009, the case
was settled by entry of a Stipulated Final Judgment for $734,100 and the funds were deposited in
the court registry. The property owner and various financial institutions made claims to the
funds from August 2009 until resolution in August of 2014, and depositions and contested
hearings were held during this period. Cardillo, Keith and Monaco originally claimed attorney’s
fees of $5,065 for the deposit proceeding and $66,624.41 for the apportionment proceeding and
subsequently agreed to reduce their fees.
FISCAL IMPACT : A budget amendment is necessary to move funds from District 2 Impact
Fee Reserves. This will allow payment of this award. The project had been previously closed,
as additional settlement costs were not anticipated. Source of funds is impact fee reserves.
GROWTH MANAGEMENT IMPACT : There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS : This item is approved as to form and legality, and a majority
vote is needed for Board approval - HFAC
RECOMMENDATION : Authorize a budget amendment for attorney’s fees as awarded by the
Court for supplemental proceedings in the case of Collier County v. Andy Morgan, Case No. 07-
4400-CA.
Attachments: Order on Motion
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, Growth Management Dept.
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5/12/2015 16.A.18.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to authorize a budget amendment for attorney’s fees
awarded by the Court for supplemental proceedings in the case of Collier County v. Andy
Morgan, Case No. 07-4400-CA. (Santa Barbara Extension Project No. 60091). (Fiscal Impact:
$58,829)
Meeting Date: 5/12/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
4/30/2015 9:09:20 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
4/30/2015 9:09:21 AM
Approved By
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 4/30/2015 9:16:46 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Capital Construction & Maintenance Budget/Fiscal
Date: 4/30/2015 10:11:36 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Capital Construction & Maintenance Budget/Fiscal
Date: 4/30/2015 11:24:21 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/30/2015 11:47:08 AM
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Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 4/30/2015 12:43:40 PM
Name: AhmadJay
Title: Division Director - Transportation Eng, Transportation Engineering & Construction Management
Date: 4/30/2015 1:15:59 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 4/30/2015 4:46:10 PM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 4/30/2015 5:49:59 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/30/2015 5:54:53 PM
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