Agenda 12/13/2016 Item #16K 9 16.K.9
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve retaining William B. Smith, Esq., for mediation services in the
eminent domain case styled Collier County v. Octavio M. Alfonso, et al, Case No. 15-CA-230, now
pending in the Twentieth Judicial Circuit Court for Collier County, Florida, and authorize the
County Attorney to retain Mr. Smith for additional mediations under the terms of the attached
letter.
OBJECTIVE: To retain a mediator in order to settle pending eminent domain litigation(s).
CONSIDERATIONS: The majority of eminent domain lawsuits pursued by the County are resolved
through mediation conducted by skilled and experienced mediators. Opposing counsel in the above
referenced case, and the County Attorney's Office, have agreed to use William B. Smith, Esq., as a
mediator.
Pursuant to Ch. 73, Florida Statutes, the County is required to pay all costs of litigation, including
mediation for eminent domain litigation. The cost of mediation for one 8-hour mediation, including
preparation time and travel time is not expected to exceed $5,000.00. The County Attorney's Office is
recommending that the Board approve the hiring of William B. Smith, Esq., for the upcoming mediation
in the referenced case, and that the Board gives prior approval for the retention of Mr. Smith for
additional mediations, so long as they are based on the rate set forth in the attached fee letter. Funds for
additional service from this vendor shall come from each individual department using budgets as projects
are identified.
FISCAL IMPACT: Funds are available and will be paid from gas taxes and/or impact fees. Costs are
approximately $5,000/mediation. 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. Funds for additional service from this vendor shall come from each individual using
department's budgets as projects are identified.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office, is
approved as to form and legality, and requires a majority vote for Board approval. -CMG
RECOMMENDATION: For the Board of County Commissioners to approve the hiring of William B.
Smith, Esq., for mediation services for the case-styled Collier County v. Octavio M. Alfonso, et al, Case
No. 15-CA-230, and authorize the County Attorney to retain Mr. Smith for additional mediations under
the teiius of the attached letter.
Prepared By: Colleen M. Greene,Assistant County Attorney
ATTACHMENT(S)
1. Fee Schedule Letter (PDF)
Packet Pg. 2514
16K.9
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Item Summary: Recommendation to approve retaining William B. Smith, Esq., for mediation
services in the eminent domain case styled Collier County v. Octavio M. Alfonso, et al, Case No. 15-CA-
230, now pending in the Twentieth Judicial Circuit Court for Collier County, Florida, and authorize the
County Attorney to retain Mr. Smith for additional mediations under the terms of the attached letter.
Meeting Date: 12/13/2016
Prepared by:
Title: Legal Office Administrator—County Attorney's Office
Name: Debbie Allen
11/30/2016 4:47 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
11/30/2016 4:47 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/01/2016 7:12 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 12/02/2016 1:58 PM
Growth Management Department David Wilkison Additional Reviewer Completed 12/05/2016 10:44 AM
County Attorneys Office Colleen Greene Level 2 Attorney Review Completed 12/05/2016 1:20 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/05/2016 1:48 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/05/2016 3:04 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 12/05/2016 4:49 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/06/2016 1:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
Packet Pg.2515
16.K.9.a
WILLIAM B. SMITH
ATTORNEY AT LAW ^
CERTIFIED MEDIATOR
N
a)
U
Mediation Fee Schedule 2016-2017
Q7
U)
0
rt+
Hourly rate for mediation services: $250.00
Hourly rate charged for time spent in preparing for and attending the mediation conference,
including telephone conferences with attorneys,review of expert witness reports,review of
mediation summaries,travel to and from the mediation conference,preparation of
post-mediation reports to the Court and counsel,and any subsequent negotiations or usi
mediation services requested by the Court or counsel.
An itemized invoice for mediation services will be forwarded to you within three work E
days following mediation conference.The invoice will itemize the date of each service,a
description of each service,the time spent in rendering each service and the incremental
charge for each service,followed by the total charge for mediation services for the case.
The invoice is due and payable within thirty days from the date of receipt. f6
Please contact us if you have any questions regarding the charges for our mediation
services.
._
d
m
O
0
s.1 7,2 —
U-- ra
_fir-
0
U
N
co)
• L
C)
Q)
P.O.BOX 1030• NEW SMYRNA BEACH,FL•32170-1030 I (81 3)251-0530 I WBSMITHPA@AOL.COM as
d7
r
U
N
d
LL
w
d
t6
.r+
Q ^�
Packet Pg. 2516