Loading...
Agenda 02/22/2011 Item #16K4 2/22/2011 Item 16.K.4. EXECUTIVE SUMMARY Approve an Agreed Order awarding expert fees in connection with the acquisition of Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905, 830, 930, 831, 931, 832R and 932R in the lawsuit styled Collier County, Florida v. Vision & Faith, Inc., et ai, Case No. 05- 1275-CA, SCRWTP RO Wellfield Expansion Project #70892 (Fiscal Impact $73,390) OBJECTIVE: That the Board approve the expert fees and costs associated with the acquisition of Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905,830,930,831, 931, 832R and 932R in the lawsuit styled Collier County, Florida v. Vision & Faith, Inc., et aI, Case No. 05- 1275-CA). CONSIDERATIONS: On October 5, 2005, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the SCRWTP RO Wellfield Expansion Project (Project No. 70892). On October 20, 2005, Collier County deposited with the Registry of the Court the sum of $285,900 for Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905, 830, 930,831,931, 832R and 932R in accordance with the Order of Taking. These parcels were required as part of the South County Regional Water Treatment Plant Reverse Osmosis expansion, and more particularly, the 20-MGD wellfield expansion to support the treatment facility. On November 9, 2010, the Board of County Commissioners approved a Stipulated Final Judgment in settlement of these parcels. Pursuant to Section 73.091 (1), Florida Statutes, the County is required to pay reasonable expert fees and expenses incurred in the defense ofthis matter. Staff recommends payment of the following fees: engineering fees in the amount of $10,252 and appraisal fees in the amount of $63, 13 8, the tenns of which are set out in the Agreed Order Awarding Expert Fees attached as Exhibit "A". This case involved three parent tracts. There were some issues with the location of the wells and pipelines requiring utility crossings and the relocation of a portion of Rattlesnake Hammock Ext. to bypass a well. The extension of Rattlesnake-Hammock Road to the east is a proposed developer commitment in the Hacienda lakes project. Three separate appraisals were prepared by the appraiser. (2 residential and 1 commercial) The engineer produced a written report with drawings. The engineer's invoiced amount is $12,814. He has agreed to accept $10,252. This is a 20% reduction. The appraiser's invoiced amount is $73,753. He has agreed to accept $63,138. This reduction is approximately a 16.7% reduction. 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 engineer and another appraiser. 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: A budget amendment is required to transfer $73,390 from Capital Reserves to Project #70892, South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD. Source of funds are Water Impact Fees. GROWTH MANAGEMENT IMPACT: This item is included in the 2005 Water Master Plan update adopted by the Board of County Commissioners on June 6, 2006, item lOB, and will further the goals and policies ofthe Collier County Growth Management Plan. Packet Page -1269- 2/22/2011 Item 16.K.4. LEGAL CONSIDERATIONS: The proposed Agreed Order was prepared by the County Attorney's Office and is legally sufficient for Board action. This is a regular matter requiring simple majority vote. (HF AC) RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order, the necessary budget amendment, and the expenditure and disbursement of funds as stated. PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney Packet Page -1270- 2/22/2011 Item 16.K.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4. Item Summary: Approve an Agreed Order awarding expert fees in connection with the acquisition of Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905, 830, 930, 831, 931, 832R and 932R in the lawsuit styled Collier County, Florida v. Vision & Faith, Inc., et ai, Case No. 05-1275-CA, SCRWTP RO Wellfield Expansion Project #70892 (Fiscal Impact $73,390) Meeting Date: 2/22/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary, County Attorney 2/3/2011 11 :24:02 AM Approved By Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 2/3/2011 12:50:36 PM Name: SunyakMark Title: Project Manager, Principal,Public Utilities Engineering Date: 2/3/2011 5:35:44 PM Name: AbbottAlicia Title: Project Manager,Public Utilities Engineering Date: 2/4/2011 11:45:06 AM Name: ChmelikTom Title: Project Manager, Principal,Public Utilities Engine Date: 2/4/2011 2:01 :58 PM Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 217/2011 12:32:49 PM Name: DeLonyJim Packet Page -1271- 2/22/2011 Item 16.K.4. Title: Administrator - Public Utilities, Date: 2/7/2011 12:51 :25 PM Name: AshtohHeidi Title: Section Chief/Land Use-Transportation, County Attor Date: 2/15/2011 1 :43:35 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/15/2011 2:01 :58 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 2/15/2011 4:28:43 PM Name: OchsLeo Title: County Manager Date: 2/15/2011 4:41 :00 PM Packet Page -1272- 2/22/2011 Item 16.K.4. THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No.: 05-1275-CA v. Parcels: 70IR, 901 R, 80IN, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903,704,904,705,905,830,930, 831, 931, 832R, 932R VISION & FAITH, et aI, Respondent. / AGREED ORDER THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, WILTON LAND COMPANY, LLC, (hereinafter "WILTON LAND COMPANY"), by and through its undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, WILTON LAND COMPANY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Ten Thousand Two Hundred Fifty- Two Dollars and No/lOO ($10,252.00) for engineering fees incurred in connection with Parcels 70IR, 90IR, 80IN, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905,830,930,831,931, 832R, and 932R; it is further ORDERED that Respondent, WILTON LAND COMPANY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Sixty-Three Thousand One Hundred Thirty- Eight Dollars and No/lOO ($63,138.00) for appraisal fees incurred in connection with Parcels 701R, 90IR, 801N, 902AN, 902RA' 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905, 830, 930, 831, 931, 832R, and 932R; it is further EXHIBIT lof2 Packet Page -1273- I~ 2/22/2011 Item 16.K.4. 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 Seventy-Three Thousand Three Hundred Ninety Dollars and NollOO ($73,390.00) to the RUDEN McCLOSKY TRUST ACCOUNT c/o Thomas R. Bolf, Esquire, P. O. Box 1900, Fort Lauderdale, Florida 33302-1900 for the benefit of Respondent, WILTON LAND COMPANY, for engineering fees and appraisal fees for Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704,904, 705, 905, 830,930, 831, 931, 832R, and 932R. DONE AND ORDERED this _ day of Florida. ,2011, in Naples, Collier County, CYNTHIA A. PIV ACEK CIRCUIT COURT JUDGE Conformed copies to: Heidi Ashton-Cicko, Esquire Thomas R. Bolf, Esquire Toni Mott, Manager, Property Acquisition & Construction Management, Facilities Management Bookkeeping JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905, 830, 930, 831, 931, 832R, and 932R. Dated: Dated: 0~ HEIDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER THOMAS R. BOLF, ESQUIRE Florida Bar No.: 454419 RUDEN McCLOSKY, P.A. P. O. Box 1900 Fort Lauderdale, FL 33302-1900 (904) 754-6660- Telephone (904) 764-4996 - Facsimile ATTORNEY FOR RESPONDENT, WILTON LAND CaMP ANY, LLC CP\05-1275-CA\2418 2of2 Packet Page -1274-