Agenda 07/08/2014 Item #16K 87/8/2014 16.K.8.
EXECUTIVE SUMMARY
Recommendation to approve payment for mediation services by James A. Helinger, Jr. for
the settlements of parcels taken for the improvements to Collier Boulevard (Project No.
68056) and to authorize the County Attorney to retain Mr. Helinger for future mediations
under the terms of the attached letter.
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 James A. Helinger, Jr., who is one of those
experienced mediators for which the County has had success with in the past. The parties are
required by the Court to go to mediation over the payment of expert fees and costs for trial prior
to proceeding to a fee hearing.
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 not to exceed $5,000 for services rendered by Mr. Helinger for the
upcoming July 29th mediation, and also that the Board gives prior approval for the retention of
Mr. Helinger 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 -Nvay 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 an expenditure
for mediation services for James A. Helinger, Jr. for parcels relating to the improvements to
Collier Boulevard (Project No. 68056) and authorizes the County Attorney to retain Mr. Helinger
for future mediations under the terms of the attached letter.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: July 1, 2014 fee letter
10- 2690/2503
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7/8/2014 16.K.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.8.
Item Summary: Recommendation to approve payment for mediation services by James A.
Helinger, Jr. for the settlements of parcels taken for the improvements to Collier Boulevard
(Project No. 68056) and to authorize the County Attorney to retain Mr. Helinger for future
mediations under the terms of the attached letter.
Meeting Date: 7/8/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
7/1/2014 3:12:30 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 7/1/2014 3:57:19 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 7/1/2014 4:01:46 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 7/1/2014 4:01:53 PM
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 7/2/2014 8:46:19 AM
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 7/2/2014 11:04:50 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
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7/8/2014 16.K.8.
Date: 7/2/2014 11:12:35 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 7/2/2014 11:12:43 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 7/2/2014 11:39:52 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 7/2/2014 11:49:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/2/2014 11:55:05 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/2/2014 12:01:14 PM
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Lain Offices of
JANIES A. HELINGER, JR., P.A.
4756 CENTRAL AVENUE
ST. PETERSBURG, FLORIDA 33711
.1111.1 IIELINGER,.(R.
July 1, 2014
Kathy Crotteau, Legal Secretary
Office of the Collier County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112 -5749
Dear Kathy:
7/8/2014 16.K.8.
'rELEPHONE (727) 328 -7100
FAX (727) 328 -7103
jim@hclingcrlaw.com
Please be advised that my hourly rate for Mediations is $300.00. In addition to the
Mediation Conference, this will include any time reading and reviewing Mediation
Summaries, conferring with the attorneys before or after the Mediation, and traveling to
and from the Mediation.
If you require any further information, please contact me.
JAHjr:jr
Very truly vourm
JIM HELINGER J
Tax Identification No. 59- 1952574
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