Agenda 05/09/2017 Item #16K 105/09/2017
EXECUTIVE SUMMARY
Recommendation to approve the hiring of Philip Greenwald, Esq., for mediation services relating
to the Golden Gate Boulevard road widening Project No. 60040, and the eminent domain case
styled Collier County v. GG1 Naples, LLC, et al., Case No. 15-CA-0329, now pending in the
Twentieth Judicial Circuit Court for Collier County, Florida, and to authorize the County Attorney
to retain Mr. Greenwald for future mediations in eminent domain litigation. (Fiscal Impact: $5,000)
OBJECTIVE: To secure the mediation services of Philip Greenwald, Esq., to comply with Court
directives in eminent domain litigation, and to enable the County to reduce further litigation costs by
resolving disputes with property owners through mediation.
CONSIDERATIONS: A substantial amount of eminent domain cases pursued by the County are
resolved through mediation conducted by skilled and experienced mediators. The County Attorney’s
Office (CAO) and opposing counsel in the referenced case have agreed on Mediator Philip Greenwald,
Esq. Pursuant to Florida Statute § 73.091(1), the County is required to pay the cost of mediation in
eminent domain cases. The CAO anticipates the cost to retain Mr. Greenwald as mediator in this case to
not exceed $5,000, and requests the Board authorize his retention as mediator in any future eminent
domain litigation under the terms of the attached fee schedule.
FISCAL IMPACT: Funds in the amount of $5,000 will be paid from gas taxes and/or impact fees from
Golden Gate Blvd. Project No. 60040. 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.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
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. - ERP
RECOMMENDATION: That the Board of County Commissioners approve the hiring of Philip
Greenwald, Esq., for mediation services relating to the Golden Gate Boulevard road widening Project No.
60040, and the eminent domain case styled Collier County v. GG1 Naples, LLC, et al., Case No. 15-CA-
0329, now pending in the Twentieth Judicial Circuit Court for Collier County, Florida, and authorize the
County Attorney to retain Mr. Greenwald for future mediations in eminent domain litigation under the
terms of the attached fee schedule.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Fee Schedule for Philip Greenwald, Esq., Mediation Services (PDF)
16.K.1
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05/09/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 3093
Item Summary: Recommendation to approve the hiring of Philip Greenwald, Esq., for mediation
services relating to the Golden Gate Boulevard road widening Project No. 60040, and the eminent domain
case styled Collier County v. GG1 Naples, LLC, et al., Case No. 15-CA-0329, now pending in the
Twentieth Judicial Circuit Court for Collier County, Florida, and to authorize the County Attorney to
retain Mr. Greenwald for future mediations in eminent domain litigation. (Fiscal Impact: $5,000)
Meeting Date: 05/09/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
04/21/2017 4:12 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/21/2017 4:12 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 04/21/2017 4:19 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/24/2017 7:12 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 04/24/2017 9:01 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/24/2017 9:01 AM
Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 04/21/2017 4:09 PM
Growth Management Department James French Additional Reviewer Completed 04/26/2017 10:51 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 04/27/2017 8:56 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/27/2017 11:04 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/27/2017 1:17 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/27/2017 1:49 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2017 9:38 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM
16.K.1
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1
BradleyNancy
From:Philip Greenwald <philipgreenwald@yahoo.com>
Sent:Tuesday, April 18, 2017 4:21 PM
To:BradleyNancy
Subject:RE: Mediation Availability
Hi Ms. Bradley,
Thank you for your interest. I am unavailable the first two weeks of June, but am currently available the balance of June
and July. My hourly rate is $250, with a 4‐hour minimum. There is a $500 cancellation fee if the mediation is cancelled
on less than 2‐business days’ notice. I include, at no charge, 2 hours of car travel in each direction from my home office
in Boca Raton, with time in excess of that being billed at the $250 per hour rate.
Thanks again for the inquiry. I look forward to working with your office.
Phil Greenwald
Philip E. Greenwald
Certified Circuit Mediator
19536 Estuary Drive
Boca Raton, Fl. 33498
philipgreenwald@yahoo.com
561‐929‐7126
Website: Philipegreenwald.com
16.K.1.a
Packet Pg. 868 Attachment: Fee Schedule for Philip Greenwald, Esq., Mediation Services (3093 : Hire Phillip Greenwald Esq for mediation services for eminent