Agenda 05/23/2017 Item #16A19 Proposed Agenda Changes
Board of County Commissioners Meeting
May 23, 2017
Withdraw Item 16A19: Recommendation to approve an
Agreement for Special Magistrate Services for Code Enforcement
with the law firm of Patrick Neale & Associates. (Staff's request)
Move Item 17B to Item 9A: This item requires that ex parte disclosure be provided by
Commission members.Should a hearing be held on this item,all participants are required to be
sworn in. Recommendation to approve Petition VAC-P120170000440 to disclaim, renounce and
vacate the County and the public interest in a portion of the 60-foot wide road right-of-way known
as 25th Avenue Northwest,approximately 665 feet in length, being a part of Tracts 1,2&3,Golden
Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida.The
subject road right-of-way is located west of 8th Street Northwest,just north of lmmokalee Road in
Section 21,Township 48 South, Range 27 East,Collier County,Florida. (Commissioner McDaniel's
request)
Item 16K10: Recommendation to authorize the County Attorney to pursue an Appeal in the
Eleventh Circuit Court of Appeals in the litigation styled Collier County v.Holiday CVS,LLC and
RTG,LLC,against one party,Realty Trust Group,LLC,and to settle the litigation with Holiday
CVS,LLC.
The County Attorney requests two changes be made to the Settlement Agreement with CVS on Item
I6KI0. Pursuant to agreement of the parties,the language "Underlying Condemnation Action"
appears in two places in Paragraph 2 of the Settlement Agreement,and it should be removed in both
places.
2. Mutual Release. The Parties shall mutually release each other and their respective successors,
assigns, servants, affiliates, subsidiaries,divisions,parents,predecessors, employees, agents, independent
contractors, consultants, affiliates, officers,directors,members, attorneys, and all other persons,
partnerships, firms, corporations or legal entities of whatsoever kind or nature in privity therewith,who
are or might be liable in any way,from any and all claims, actions,causes of action, legal,equitable or
administrative proceedings,demands,rights,damages, losses,relief of whatsoever kind or nature, costs,
expenses,fees and compensation whatsoever,which the Parties now have or which may hereafter accrue
on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen,
developed and undeveloped damage(s)or loss(es)and the consequences thereof resulting from the
.- • . • •. • - ':•,Action, Fee Claim and Appeal, from the beginning of the world to the
date this agreement is last signed including, but not limited to,all claims which were asserted or could
have been asserted, and all relief sought or that could have been sought in the Action. In making this
release,the Parties agree they had the advice of counsel in so doing, and do so freely and voluntarily. It is
also understood that the settlement terms under this Agreement are not construed as an admission of
liability,but as a compromise of the - •:- _ . . •, Action, Fee Claim and Appeal.
5/25/20178:55 AM
05/23/2017
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Special Magistrate Services for Code Enforcement
with the law firm of Patrick Neale & Associates.
OBJECTIVE: To approve an Agreement with the law firm of Patrick Neale & Associates (the “Firm”)
for attorney Patrick H. Neale to provide Special Magistrate Services for Code Enforcement (hereafter, the
“Agreement”), vendor payment dispute hearings, procurement bid protests and such other similar
administrative hearings (collectively, the “hearing services”).
CONSIDERATIONS: Attached for the Board of County Commissioners (Board) approval is an
Agreement with the Firm, through its principal Patrick H. Neale, to provide Special Magistrate hearing
services. Mr. Neale is an established local attorney with an extensive legal background in local
government and administrative law, which includes previously representing the Collier County
Contractors’ Licensing Board for fifteen years. A copy of Mr. Neale’s resume is attached as back-up to
this agenda item. The Agreement provides for a two-year initial contract term with the option to renew
for additional two-year terms consistent with the reappointment process set forth in Collier County
Ordinance Number 2010-04, Article III, Section 2(3), as amended. The selection and recommendation of
Mr. Neale as a Special Magistrate is exempt from the competitive solicitation process as a legal service
under Procurement Ordinance No. 2017-08, Section Eight, subsection 7.
Collier County Ordinance Number 2010-04, Article III, Section 2(1) authorizes the Board to appoint as
many Special Magistrates “as deemed necessary.” It has come to Staff’s attention that the current Special
Magistrate will be unavailable to conduct hearings for an indefinite period commencin g in June 2017
period. Having another Special Magistrate under contract will allow hearings to proceed uninterrupted
and create an opportunity for the Firm to cover the myriad of other hearings that regularly arise. Because
Special Magistrates are compensated for actual services provided, there is no additional cost in retaining
another Special Magistrate.
As part of this request for approval of the Agreement, Staff requests that the Board waive Ordinance
Number 2010-04’s requirement that the Special Magistrate be a Florida Supreme Court certified
mediator, an arbitrator qualified by a recognized Arbitration Association or a former judge. Mr. Neale
has previously served as a court appointed mediator and has agreed as a condition of the Agreement to
become a Florida Supreme Court certified mediator within twelve months of execution of the Agreement.
Further Mr. Neale’s background and years of experience qualify him to perform the scope of services
required under the Agreement.
FISCAL IMPACT: The approval and execution of the attached Agreement has no fiscal impact in and
of itself but there will be a fiscal impact in accordance with the terms and conditions of the contract upon
the Firm’s provision of services. The Agreement includes an hourly rate of $200.00, which is the same
amount of compensation currently provided to the existing Special Magistrate.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
16.A.19
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05/23/2017
RECOMMENDATION: To approve and authorize the Chair to execute the attached agreement with the
law firm of Patrick Neale & Associates for attorney Patrick H. Neale to provide Special Magistrate
Services for Code Enforcement, vendor payment dispute hearings, procurement bid protests and such
other similar administrative hearings and to waive Ordinance Number 2010-04’s requirement that the
Special Magistrate be a Florida Supreme Court certified mediator, an arbitrator qualified by a recognized
Arbitration Association or a former judge.
Prepared by: Michael Ossorio, Division Director, Code Enforcement
ATTACHMENT(S)
1. Special Magistrate Agreement (PDF)
2. Resume of Patrick H. Neale (PDF)
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05/23/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.19
Doc ID: 3204
Item Summary: Recommendation to approve an Agreement for Special Magistrate Services for
Code Enforcement with the law firm of Patrick Neale & Associates.
Meeting Date: 05/23/2017
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
05/11/2017 5:44 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
05/11/2017 5:44 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 05/12/2017 8:14 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 05/12/2017 8:45 AM
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 05/12/2017 9:22 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 05/12/2017 9:26 AM
Procurement Services Ted Coyman Additional Reviewer Completed 05/12/2017 9:51 AM
Growth Management Department Nancy CardinaleLower Level 2 Division Administrator Skipped 05/11/2017 5:35 PM
Growth Management Department James French Additional Reviewer Completed 05/12/2017 5:57 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/15/2017 8:40 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/15/2017 9:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/15/2017 10:59 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/15/2017 3:54 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/15/2017 4:07 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM
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Packet Pg. 536 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 537 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 538 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 539 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 540 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 542 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 543 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 544 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 545 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 546 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 548 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 549 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 550 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 551 Attachment: Special Magistrate Agreement (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 552 Attachment: Resume of Patrick H. Neale (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 553 Attachment: Resume of Patrick H. Neale (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 554 Attachment: Resume of Patrick H. Neale (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 555 Attachment: Resume of Patrick H. Neale (3204 : Special Magistrate Agreement - Neale)
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Packet Pg. 556 Attachment: Resume of Patrick H. Neale (3204 : Special Magistrate Agreement - Neale)