Agenda 12/12/2017 Item #16K 612/12/2017
EXECUTIVE SUMMARY
Recommendation to approve an increase in hourly rate fees for mediation services of Philip
Greenwald, Esq., beginning in January 2018 for eminent domain litigation.
OBJECTIVE: To approve an increase in hourly rate fees for 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: On May 9, 2017, the Board approved the hiring of Philip Greenwald, Esq., for
mediation services in eminent domain litigation, at a rate of $250 per hour. Mr. Greenwald has notified
the County Attorney’s Office (CAO) of a rate increase from $250 per hour to $275 per hour beginning in
January 2018. A substantial amount of eminent domain cases pursued by the County are resolved
through mediation conducted by skilled and experienced mediators. Mr. Greenwald has over 35 years’
experience in practicing and mediating eminent domain law, with extension experience on behalf of
condemning authorities. The current rates of our mediators are as follows:
Gaylord, Merlin, Ludovici & Diaz $250.00
Lawrence Gendzier $300.00
Philip Greenwald $275.00
Jim Helinger $300.00
Charlie Stratton $275.00
Charlie Forman $300.00
Tara Miller Dane $300.00
The rate increase requested by Mr. Greenwald remains within the range of rates charged by other
mediators utilized by the CAO and is in line with Mr. Greenwald’s experience and success in mediations.
The CAO requests the Board authorize the increase in Mr. Greenwald’s mediation rates to $275 per hour
beginning in January 2018 for eminent domain litigation.
FISCAL IMPACT: Funds for these services shall come from each individual using the department’s
budgets as projects are identified.
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 hourly rate increase
from $250 per hour to $275 per hour for mediation services of Philip Gr eenwald, Esq., beginning in
January 2018 for eminent domain litigation.
Prepared by: Emily R. Pepin, Assistant County Attorney
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 4266
Item Summary: Recommendation to approve an increase in hourly rate fees for mediation
services of Philip Greenwald, Esq., beginning in January 2018 for eminent domain litigation.
Meeting Date: 12/12/2017
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
11/21/2017 3:46 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/21/2017 3:46 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/27/2017 3:13 PM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 11/27/2017 4:45 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/28/2017 7:26 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 11/28/2017 10:12 AM
Growth Management Department Gene Shue Additional Reviewer Completed 11/28/2017 10:56 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 11/28/2017 11:37 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/28/2017 11:42 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/28/2017 3:16 PM
Growth Management Department James French Deputy Department Head Review Skipped 11/28/2017 6:23 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/29/2017 8:03 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/29/2017 3:36 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/30/2017 10:15 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/01/2017 2:28 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM