Agenda 02/22/2011 Item #16K5
2/22/2011 Item 16.K.5.
EXECUTIVE SUMMARY
Approve an Agreed Order awarding expert fees in connection with the acquisition of Parcels 806, 906,
807 and 907 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 $22,548)
OBJECTIVE: That the Board approve the expert fees and costs associated with the acquisition of Parcels
806, 906, 807 and 907 in the lawsuit styled Collier County, Florida v. Vision & Faith, Inc., et ai, Case No.
05-l275-CA).
CONSIDERA TIONS: 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 $57,000
for Parcels 806, 906, 807 and 907 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 of this matter. Staff recommends payment of the
following fees:
planning fees in the amount of $1 ,500 and appraisal fees in the amount of $21 ,048
the terms of which are set out in the Agreed Order Awarding Expert Fees attached as Exhibit "A".
This case involved one parent tract. One appraisal was prepared by the appraiser. The planner did
preliminary work but did not issue a report. The planner's invoiced amount is $] 662.50. He has agreed to
accept $] 500. This is a 9.7% reduction. The appraiser's invoiced amount is $25,289. He has agreed to
accept $2] ,048. This reduction is approximately a 16.6% 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 IMP ACT: A budget amendment is required to transfer $22,548 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 of the Collier County Growth Management Plan.
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)
RECOMMENDA nON: That the Board of County Commissioners approve the Agreed Order, the
necessary budget amendment, and the expenditure and disbursement of funds as stated.
PREP ARED BY: Heidi Ashton-Cicko, Assistant County Attorney
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2/22/2011 Item 16.K.S.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5.
Item Summary: Approve an Agreed Order awarding expert fees in connection with the
acquisition of Parcels 806,906,807 and 907 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 $22,548)
Meeting Date: 2/22/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
2/3/2011 12:04:51 PM
Approved By
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 2/3/2011 12:53:00 PM
Name: SunyakMark
Title: Project Manager, Principal,Public Utilities Engineering
Date: 2/3/2011 5:36:22 PM
Name: AbbottAlicia
Title: Project Manager,Public Utilities Engineering
Date: 2/4/2011 11 :46:00 AM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 2/4/2011 2:02:11 PM
Name: WidesTol11
Title: Director - Operations Support - PUD,Utilities Fina
Date: 2/8/2011 10:51 :38 AM
Name: DeLonyJim
Title: Administrator - Public Utilities,
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2/22/2011 Item 16.K.5.
Date: 2/8/2011 11 :01 :35 AM
Name: AshtonHeidi
Title: Section ChieflLand Use-Transportation, County Attor
Date: 2/15/2011 1:45 :09 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/] 5/20 II 2:02:08 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 2/15/2011 4:50:09 PM
Name: OchsLeo
Title: County Manager
Date: 2/] 5/2011 5:2] :56 PM
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2/22/2011 Item 16.K.S.
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
EXHIBIT
1--8-
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.
Parcel Nos.: 806,906,807,907
VISION & FAITH, Inc., et al.,
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,
SEMBLER FAMILY PARTNERSHIP, 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, SEMBLER FAMILY PARTNERSHIP,
receive from Petitioner, COLLIER COUNTY, FLORIDA, the swn of Fifteen Hundred Dollars
and No/100 ($1,500.00) for planning fees incurred in connection with Parcels 806, 906, 807 and
907; it is further
ORDERED that Respondent, SEMBLER FAMILY PARTNERSHIP, receIve from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-One Thousand Forty-Eight
Dollars and No/100 ($21,048.00) for appraisal fees incurred in connection with Parcels 806,
906, 807 and 907; it is further
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 Twenty-Two
Thousand Five Hundred Forty-Eight Dollars and No/100 ($22,548.00) to the RUDEN
McCLOSKY TRUST ACCOUNT c/o Thomas R. Bolf, Esquire, P. O. Box 1900, Fort
1
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2/22/2011 Item 16.K.5.
Lauderdale, Florida 33302-1900 for the benefit of Respondent, SEMBLER FAMILY
PARTNERSHIP, for planning fees and appraisal fees for Parcels 806, 906, 807 and 907.
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 806, 906, 807 and 907.
Dated:
Dated:
~{K0
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
ATTOR1VEY FOR RESPONDENT,
SEMBLER FAMILY PARTNERSHIP
CP\05-1275-CA \2374
20f2
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