Agenda 04/10/2012 Item #16K14/10/2012 Item 16.K.1.
Executive Summary
Recommendation to approve an Agreed Order Awarding Expert Fees in connection with
Parcels 110FEE and 110TCE in the lawsuit styled Collier County v. A L Subs, Inc., et al., Case
No. 09- 3691 -CA, Collier Boulevard Project No. 60092 (Fiscal Impact: $9,953.75).
OBJECTIVE: That the Board of County Commissioners approve payment of expert fees
associated with the acquisition of Parcels 110FEE and 110TCE in the lawsuit styled Collier County
v. A L Subs, et. al., Case No. 09- 3691 -CA.
CONSIDERATIONS: On December 13, 2011, the Board of County Commissioners approved a
Stipulated Final Judgment in settlement of these parcels. The primary issues in this case were
construction of a driveway to Beck Boulevard on the adjacent Circle K property, and the non-
conforming one -foot landscape buffer along Beck Boulevard that may remain after the taking until
the site is combined with another lot or the owner voluntarily elects to remove the building and
redevelop the site.
Pursuant to Section 73.091 (1), Florida Statutes, the County is required to pay reasonable expert fees
and expenses incurred in the defense of this matter. Staff recommends payment of the following
fees:
Janus & Curran (business damages) $4,533.75
Realmark Research, Inc. (parking analysis) $3,920.00
Intracoastal Builders Corporation (construction costs) $1,500.00
TOTAL $9,953.75
the terms of which are set out in the Agreed Order Awarding Expert Fees attached as Exhibit "A ".
Staff has reviewed the expert fees as set forth in the Agreed Order and considers them to be
reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning
authority. If the County goes to a cost hearing, the County is not required to pay the expert that is
requesting the fee, but the County is required to pay reasonable fees of any experts that are retained
by owner to testify as to the reasonableness of the fee. This means another CPA, another building
contractor and perhaps another research firm. Plus the County will need to hire experts to counter
owner's experts, and the County will have to pay owner's attorney hourly for supplemental
proceedings.
FISCAL IMPACT: Funds in the amount of $9,953.75 are available in impact fees. Source of
funds are Impact Fees.
GROWTH MANAGEMENT IMPACT: This project will further the goals and policies of the
Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and the expenditure and disbursement of funds as stated.
PREPARED BY: Steven T. Williams, Assistant County Attorney
Attachment: (1) Agreed Order
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
4/10/2012 Item 16.K.1.
Item Summary: Recommendation to approve an Agreed Order Awarding Expert Fees in
connection with Parcels 110FEE and 110TCE in the lawsuit styled Collier County v. A L Subs, Inc.,
et al., ase No. 09- 3691 -CA, Collier Boulevard Project No. 60092 (Fiscal Impact: $9,953.75).
Meeting Date: 4/10/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/22/2012 11:43:35 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 3/22/2012 12:54:09 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 3/22/2012 1:45:03 PM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 3/26/2012 3:56:14 PM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 3/28/2012 11:02:04 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/29/2012 8:30:55 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/29/2012 3:24:51 PM
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Name: KlatzkowJeff
Title: County Attorney
Date: 3/29/2012 4:26:45 PM
4/10/2012 Item 16.K.1.
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 3/30/2012 9:04:06 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/30/2012 1:12:49 PM
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4/10/2012 Item 16.x.1.
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
f T%"T s f -rrnxr
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner,
VS.
A L SUBS, INC., et al,
Respondents.
AGREED ORDER
Case No.: 09- 3691 -CA
Parcel Nos.: I I OFEE, I I OTCE
EXHIBIT
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
ROBERT VOCISANO and MARIO VOCISANO, Co- Trustees of Unrecorded Trust (hereafter
"Respondents "), by and through their undersigned counsel, for entry of an Agreed Order, and the
Court being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondents receive from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Four Thousand Five Hundred Thirty-Three Dollars and
751100 ($4,533.75) for expert fees incurred by Janus & Curran in connection with Parcels
1 l OFEE and 1 l OTCE; it is further
ORDERED that Respondents receive from Petitioner, COLLIER COUNTY, FLORIDA,
the sum of Three Thousand Nine Hundred Twenty Dollars and No /100 ($3,920.00) for expert
fees incurred by Realmark Research, Inc. in connection with Parcels I IOFEE and I IOTCE; it is
further
ORDERED that Respondents receive from Petitioner, COLLIER COUNTY, FLORIDA,
the sum of One Thousand Five Hundred Dollars and No /100 ($1,500.00) for expert fees
incurred by Intracoastal Builders Corporation in connection with Parcels 1 l OFEE and I IOTCE; it
is further
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4/10/2012 Item 16.K.1.
ORDERED that within thirty (30) days of receipt of the Agreed Order entered by the
Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Nine Thousand
Nine Hundred Fifty -Three Dollars and 75 /100 (59,953.75) to the FOERSTER, ISAAC &
YERKES, P.A. TRUST ACCOUNT c/o Fred C. Isaac, Esquire, 2468 Atlantic Boulevard,
Jacksonville, Florida 32207 for the benefit of Respondents, ROBERT VOCISANO and MARIO
VOCISANO, Co- Trustees of Unrecorded Trust, for expert fees for Parcels 11 OFEE and I I OTCE.
DONE AND ORDERED this _ day of , 2012 in Naples, Collier County,
Florida.
CYNTHIA A. PIVACEK
Circuit Court Judge
Conformed Copies:
Steven T. Williams, Esquire
Fred C. Isaac, Esquire
Michael A. Durant, Esquire
Brenda C. Garretson, Esquire
Thad Kirkpatrick, Esquire
John M. LeRoux, Esquire
Raymond Building Supply Corporation
Kevin Hendricks, Transportation ROW Acquisition Manager
Bookkeeping
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 11 OFEE and 11 OTCE.
ao
Ic
�
FRED C. ISAAC, ESQUIRE
Florida Bar No.: 119132
FOERSTER ISAAC & YERKES, P.A.
2468 Atlantic Boulevard
Jacksonville, Florida 32207
Telephone: (904) 396 -1900
ATTORNEY FOR RESPONDENTS,
ROBERT VOCISANO AND K4 RIO
VOCISANO, CO- TRUSTEES OF
UNRECORDED TRUST
CP\09- 369114887
Dated:
STEVEN T. WILLIAMS, ESQUIRE
Florida Bar No.: 740101 51�d 3l1•41112-
COLLIER COUNTY ATTORNEY'S OFFICE
3299 East Tamiarni Trail, Suite 800
Naples, Florida 34112
Telephone — (239) 252 -8400
ATTORNEY FOR PETITIONER, COLLIER
COUNTY
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