Agenda 09/22/2015 Item #16K1 9/22/2015 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve the hiring of Larry Gendzier, Esq. for mediation services in
the eminent domain case styled Collier County v. Grover C. Woody, III, et al, Case No. 15-
CA-199, now pending in the Twentieth Judicial Circuit Court for Collier County, Florida,
and authorize the County Attorney to retain Mr. Gendzier for future mediations under the
terms of the attached letter (Golden Gate Boulevard Road Widening project# 60040).
OBJECTIVE: To hire a mediator in order 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
in the referenced case and the County Attorney's Office have agreed on Larry Gendzier, Esq.,
who is one of those experienced mediators for which the County has had success with in the past.
In eminent domain, the County is required to pay all costs of litigation, including mediation. The
cost of mediation for one 8-hour mediation, including preparation time and travel time is not
expected to exceed $5,000.00. The County Attorney's Office is recommending that the Board
approves the hiring of Larry Gendzier, Esq. for the upcoming mediation in the referenced case
and that the Board gives prior approval for the retention of Mr. Gendzier for future mediations,
so long as they are based on the rate set forth in the attached fee letter. Funds for additional
service from this vendor shall come from each individual using department's budgets as projects
are identified.
FISCAL IMPACT: Funds in the amount of $5,000.00 will be paid from gas taxes and/or
impact fees from Golden Gate Blvd. Project # 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. Funds for additional service
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 the hiring_ of
Larry Gendzier, Esq. for mediation services for the case-styled Collier County v. Grover C.
Woody, ci al., Case No. 15-CA-199, and authorizes the County Attorney to retain Mr. Gendzier
for future mediation under the terms of the attached letter.
Prepared By: Emily R. Pepin, Assistant County Attorney
1 5-CA-199/596
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9/22/2015 16.K.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve the hiring of Larry Gendzier, Esq. for
mediation services in the eminent domain case styled Collier County v. Grover C. Woody, Ill, et
al, Case No. 15-CA-199, now pending in the Twentieth Judicial Circuit Court for Collier County,
Florida, and authorize the County Attorney to retain Mr. Gendzier for future mediations under
the terms of the attached letter (Golden Gate Boulevard Road Widening project# 60040).
Meeting Date: 9/22/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
9/3/2015 11:31:16 AM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
9/3/2015 11:31:17 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way, Growth Management Department
Date: 9/3/2015 12:21:33 PM
Name: AhmadJay
Title: Division Director-Transportation Eng, Growth Management Department
Date: 9/8/2015 9:25:58 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support. Growth Management Department
Date: 9/10/2015 1:48:51 PM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
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9/22/2015 16.K.1 .
Date: 9/10/2015 6:52:05 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Growth Management Department
Date: 9/14/2015 9:10:53 AM
Name: MarcellaJeanne
Title:Executive Secretary, Growth Management Department
Date: 9/14/2015 9:15:38 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/14/2015 9:40:27 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/14/2015 10:28:40 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 9/14/2015 11:22:46 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/14/2015 1:30:27 PM
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Filing # 31256085 E-Filed 08/25/2015 08:34:06 AM 9/22/2015 16.K.1 .
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner, Case No. 15-CA-199
V.
PARCELS: 136FEE1; and 136FEE2
GROVER C. WOODY, III, ET AL.,
Respondents.
PETITIONER COLLIER COUNTY'S NOTICE OF MEDIATION
PLEASE TAKE NOTICE that a Mediation Conference has been scheduled in the instant
action, specifically for Parcels 136FEE , and 136FEE2, to be held on Friday, October 2, 2015,
10:00 a.m.. at the Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples.
FL 34112. before Mediator Larry Gendzier. Esq.
Respectfully submitted.
,
Bi:
E. ILY A. PEPIN, ESQUIRE
Florida Bar No. 92956
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples. FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 7744)225
COUNSEL FOR PETITIONER
emilvnepiaiivollieruov.net
jenniferbelpedio(&collier2o-v.net
nancybradiev,-iicollicrLiov.net
Pagc 1 of 2
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9/22/2015 16.K.1 .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of Collier County's Notice of
Mediation wwvas electronically filed with the Florida Courts F-Filing Portal which will send a
notice of electronic filing to parties appearing via electronically, and by U.S. mail to parties as
indicated on the Service List below on this -X day of August, 2015.
BY: ( —
EMILY R. I ' . , ESQUIRE
Pursuant to Fla. R. Jud. Admin. Rule 2.540
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost- to you, to the
provision of certain assistance. Please contact Charles Rice, Administrative
Services Manager, whose office is located at 3315 East Tamiami Trail, Suite
#501, Naples, Florida 34112, and whose telephone number is (239) 252-8800,
at least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
SERVICE LIST
PARCEL 136FEE1
Grover C. Woody. III. as Successor Trustee of Collier County Tax Collector
the Anita F. Wood Revocable Trust cio Carlos Kelly, Esquire
c•o Bella Y. Patel_ Esquire , Henderson Franklin
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jeanne.culek'zi;:henlaww.con�
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PARCEL 136FE1. 2
F o\cr C. Woody. III. as Successor Trustee of Collier County "Fax Collector
the Anita F. Wood Revocable Trust c!o Carlos Kelly. Esquire
c o Bella Y. Patel. Esquire Henderson Franklin
hcliirnaie117-"CI aoi.com C 1:los,kellv(u'henlaww'.cool
Deanne'.culek Ealenlaww.con
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Pa _ o' 2
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9/22/2015 16.K.1 .
LAW OFFICE OF
Lawrence S. Gendzier, P.A.
Emily R. Pepin
Assistant County Attorney
Collier County C)
n.
3299 Tamiami Trail E.,Suite 800 >-n
Naples, Florida 34112-5749
cn rr,
-'G
August 20, 2015 --i-n
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Re: Collier County v.Woody w m rn
Case No.: 2015-CA-00199
Dear Ms. Pepin:
Thank you for selecting me to serve as mediator in mediator in the upcoming mediation
scheduled Friday, October 2, 2015, at 10:00 AM, at the offices of the Collier County Attorney
Office, 3229 Tamiami Trail East,Suite 800, Building F, Naples, Florida 34112. Please feel free to
call me or to provide me with any material or summaries of the facts of the case that you feel
may be helpful to orient me prior to the mediation date. I have found that it is helpful to have
an understanding of the differences between the parties prior to the outset of the mediation
conference.
My fee structure is $300.00 per hour for mediation, including time for preparation, pre and
post-mediation communications, mediation conferences, post mediation reports and time for
documentation. Since I do not charge Collier County for travel, I do have a minimum charge of 5
hours and a 48 hour cancellation notice requirement. It is my understanding that Collier
County will be responsible for payment of my invoices.
I look forward to working with you and your clients.
Yours t_rtIly,
i
(
Lawrence S endzier
618 E. South Street, Suite 700• Orlando, Florida 32801
407.426.9703 * LGENDZIER @CFL.RR.COM
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