Agenda 02/10/2015 Item #16K3 2/10/2015 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve the hiring of Charles S. Stratton, P.A. to act as mediator in
the eminent domain case styled Collier County v. RTG, LLC., et al., Case No. 13-CA-259, in
order to conduct mediation regarding full compensation owed ABC Liquors for the taking
of parcels required for the US 41/CR 951 Intersection Project.
OBJECTIVE: To compensate a mediator retained to settle pending eminent domain litigation.
CONSIDERATIONS: The majority of eminent domain lawsuits pursued by the County are
resolved through mediation conducted by skilled and experienced mediators. Opposing counsel
and the County Attorney's Office have agreed on Charles S. Stratton to serve as mediator at the
upcoming mediation scheduled for February 23, 2015 in order to facilitate the settlement of full
compensation owed ABC Liquors for the taking of parcels as a part of the US 41/CR 951
Intersection project(Project No. 60010).
The cost of mediation for an all-day mediation, including preparation time and travel time, is not
expected to exceed $5,000. The County Attorney's Office is recommending that the Board
approves the expenditure of $5,000 for services rendered by Mr. Stratton for the upcoming
February 23rd mediation , and also that the Board gives prior approval for the retention of Mr.
Stratton for future mediations, so long as they are based on the rate set forth in the attached fee
letter. Funds for additional services from this vendor shall come from each individual using
department's budgets as projects are identified.
FISCAL IMPACT: Funds in the amount of $5,000 will be paid from gas taxes and/or road
impact fees. The acquisition of this right-of-way will not add any cost to the annual operating
and maintenance budget. Operating and maintenance costs for the Project will be considered
when the construction contract is brought before the Board for approval. Funds for additional
services 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. —ERP
RECOMMENDATION: That the Board of County Commissioners approves hiring Charles S.
Stratton as mediator for the February 23rd mediation with Respondent, ABC Liquors, and
authorizes the County Attorney to retain Mr. Stratton for future mediations under the terms of the
attached letter.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: February 4, 2015 fee letter
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2/10/2015 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve the hiring of Charles S. Stratton, P.A. to act
as mediator in the eminent domain case styled Collier County v. RTG, LLC., et al., Case No. 13-
CA-259, in order to conduct mediation regarding full compensation owed ABC Liquors for the
•
taking of parcels required for the US 41/CR 951 Intersection Project.
Meeting Date: 2/10/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
2/4/2015 3:38:32 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
2/4/2015 3:38:33 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/4/2015 3:41:44 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/4/2015 3:44:43 PM
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2/10/2015 16.K.3.
215 SOUTH MONROE STREET
SUITE 400
C PO DRAWER 11300(32302)
TALLAHASSEE,FLORIDA 32301
BROAD AND C_ASSEL TELEPHONE 850.681.6810
www.broadandcassel.com
ATTORNEYS A T LAW CHARLES S.STRATTON,P.A.
DIRECT LINE:850-681-6810
DIRECT FACSIMILE:850-521-1450
EMAIL:cstratton anbroadandcassel.com
February 4, 2015
VIA U.S. MAIL
Craig B. Willis, Esq. D. Tobyn DeYoung, Esq.
Fixel & Willis 449 Central Avenue, STE 200
211 S. Gadsden Street St. Petersburg FL 33701
Tallahassee FL 32301
A. Kurt Ardaman, Esq, Mark Buell, Esq.
Fishback, Dominick, Bennett, Ardaman, Buell & Elliget
Ahlers, Langley & Geller, LLP 3003 W. Azeele St. STE 100
1947 Lee Road Tampa FL 33609
Winter Park FL 32789
Charles P.T. Phoenix, Esq.
Rhodes Tucker Phoenix
2407 Periwinkle Way, STE 6
Sanibel FL 33957
Re: Mediation—Friday, February 23, 2015
Collier County, Florida vs. RTG, LLC; et al.
Case No. 13-CA-259
Fl. 20th Circuit, Collier County, Florida
Dear Counsel:
Thank you for selecting me to mediate the above-referenced matter. This will confirm
that mediation has been scheduled for Friday, February 23, 2015, beginning at 10:00 a.m., at the
office of the Collier County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112-
5 749.
The charge for my services as a mediator is $300.00 per hour, with a minimum of
guaranteed time of 4 hours. Unless otherwise agreed, Collier County will be responsible for
payment of my fees. Payment is due upon receipt of the statement.
I find mediation statements helpful, and would request that all counsel provide me with a
short statement of the case at least five (5) business days prior to the mediation. I will treat the
BOCA RATON • FT. LAUDERDALE • MIAMI • ORLANDO • TALLAHASSEE • TAMPA • WEST PALM BEACH
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February 4,2015
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statements as confidential unless instructed to do otherwise by the party submitting the
statement. Prior to mediation, I will review all materials submitted to me. Also, if this
mediation is court ordered, please provide me with a copy of the Order for my file.
If you need to reschedule or cancel the mediation for any reason, or if you settle your
dispute in advance of the scheduled mediation date, please let me know as soon as possible.
Otherwise, I look forward to meeting with you and your clients on February 23, 2015.
With respect to my serving as mediator in connection with the above-captioned matter, I
wish to make you aware that another lawyer in my Firm has ongoing representation of a client,
Narcoossee Land Holding Two, Inc. ("NLH2"), in matters adverse to ABC Liquors (the "ABC
Matters"). I believe that the ABC Matters present a potential conflict of interest under Rule
10.340 of the Florida Rules for Certified and Court Appointed Mediators and, as such, I am
required to disclose the potential conflict. In the ABC Matters, my firm represents NLH2 in
connection with a parcel of land in a planned development owned by NLH2. Our Firm
represented NLH2 in the now-completed sale of the parcel to ABC Liquors. In addition, our firm
will represent NLH2 in connection with ABC Liquors planned construction a free-standing
liquor store. The neighboring outparcels are either owned by NLH2 or by third parties and they
are under a development agreement for shared infrastructure, some of which NLH2 will deliver
over time. NLH2 also controls their architectural and use restrictions. Our Firm will represent
NLH2 in any matters arising from the planned construction by ABC Liquors. These ABC
Matters are wholly unrelated to the case underlying the proposed mediation. Furthermore, I do
not currently and, to the best of my knowledge, have never personally represented ABC Liquors
in any matter. Given these facts, I believe the potential conflict of interest will not compromise
or appear to compromise my impartiality as a mediator in this case.
If there is any hesitation by any party, I am more than willing to step down as your
proposed mediator. Additionally, at the beginning of the mediation, I will openly address this
issue to all parties present in order to orally reiterate this paragraph. Thank you.
Sincerely,
Charles S. Stratton, P.A.
CSS/pam
BROAD AND CASSEL
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