Loading...
Agenda 02/13/2018 Item #16K502/13/2018 EXECUTIVE SUMMARY Recommendation to approve the hiring of Anthony J. Stevens, Esq., of Stevens Mediation, LLC, for mediation services in eminent domain litigation. OBJECTIVE: To secure the mediation services of Anthony J. Stevens, Esq., of Stevens Mediation, LLC, 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 number of eminent domain cases pursued by the County are resolved through mediation conducted by skilled and experienced mediators. Pursuant to Florida Statutes § 73.091(1), the County is required to pay the cost of mediation in eminent domain cases. Mr. Stevens was employed for 25 years with the Florida Department of Transportation as an eminent domain trial attorney, and has since mediated several eminent domain cases throughout the state. Mr. Stevens has been appointed to the Florida Bar’s Eminent Domain Committee, and Grievance Mediation & Fee Arbitration Committee, and is a member of the Alternative Dispute Resolution Section. Mr. Stevens has agreed to a government rate of $200 per hour for Collier County and there is no charge for travel related expenses. It is the County Attorney’s Office’s opinion this rate is very reasonable considering Mr. Steven’s extensive experience in eminent domain law. FISCAL IMPACT: Funds for these services shall come from each individual using the department’s budgets as projects are identified. GROWTH MANAGEMENT IMPACT: None. 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 Anthony J. Stevens, Esq., of Stevens Mediation, LLC, for mediation services in eminent domain litigation, under the terms of the attached fee schedule. PREPARED BY: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. stevens mediation fee agreement letter (PDF) 16.K.5 Packet Pg. 1594 02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5 Doc ID: 4747 Item Summary: Recommendation to approve the hiring of Anthony J. Stevens, Esq., of Stevens Mediation, LLC, for mediation services in eminent domain litigation. Meeting Date: 02/13/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 02/02/2018 1:49 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 02/02/2018 1:49 PM Approved By: Review: Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/02/2018 1:54 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 02/02/2018 2:31 PM Growth Management Department Debbie Allen Additional Reviewer Skipped 02/02/2018 2:34 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/02/2018 3:18 PM Growth Management Department Gene Shue Additional Reviewer Completed 02/02/2018 6:24 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 02/05/2018 11:35 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 02/05/2018 12:05 PM Growth Management Department Jeanne Marcella Department Head Review Completed 02/05/2018 12:52 PM Growth Management Department James French Deputy Department Head Review Completed 02/05/2018 6:21 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/06/2018 7:32 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/06/2018 8:19 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/06/2018 10:14 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/06/2018 10:59 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 16.K.5 Packet Pg. 1595 STEVENS MEDIATION, LLC Anthony J. Stevens, Esq. P.O. Box 6893 Lakeland, FL 33807 Certified Circuit and County Mediator EMail: stevensmediation@aol.com Qualified Arbitrator (863) 521-8995 February 1, 2018 Nancy Bradley, Legal Assistant/Paralegal Collier County Attorney's Office 3299 East Tamiami Trail Suite 800 Naples, FL 34112 Re: Mediation Services Dear Ms. Bradley: Please accept this letter for consideration of my services as a mediator. I was certified initially as a circuit court mediator in 1997 and county in 1999. I was an attorney for the Florida Department of Transportation for 25 years representing District One in eminent domain cases. (This included Collier County.) My full time mediation practice began in 2015. In addition to circuit court, I am under contract with the 10th Circuit for county court mediations. Also, I am a member of the Florida Bar's Grievance Mediation and Fee Arbitration Committee, the DRC Mediator Qualifications & Discipline Review Board and the 10th Circuit mediation committee. My fee is $200 per hour for the mediation conference. Additionally, the hourly rate will be charged for the time spent reviewing any mediation summaries, telephone conferences with attorneys, preparation of any post mediation reports and any subsequent negotiations or mediation services requested by counsel or the Court. No additional fee is charged for travel or any other related expenses. Thank you for your consideration. Sincerely, Anthony J. Stevens 16.K.5.a Packet Pg. 1596 Attachment: stevens mediation fee agreement letter (4747 : hiring of Anthony J. Stevens, Esq., of Stevens Mediation, LLC, for mediation