Agenda 02/09/2021 Item #16K4 (Exprenses - Mediation & Arbitration Services Project 60168)02/09/2021
EXECUTIVE SUMMARY
Recommendation to authorize the expenses for Mediation and Arbitration Services relating to the
Vanderbilt Beach Road Extension Project No. 60168, now pending in the Twentieth Judicial Circuit
Court for Collier County, Florida for three mediators, including Larry Gendzier, Esq., Phillip
Greenwald, Esq., and Stephen Tabano, Esq., and to authorize the Transportation Engineering
Division to select and work with additional mediators as necessary.
OBJECTIVE: To seek Board authorization for mediation and arbitration expenses to comply with Court-
Ordered Mediations and Arbitrations in the pending Vanderbilt Beach Road Extension Project eminent
domain litigation.
CONSIDERATIONS: The majority of eminent domain cases are resolved through mediati on conducted
by experienced mediators. The Transportation Engineering Division and the County Attorney’s Office
have experience working with three eminent domain mediators including: Larry Gendzier, Esq., Phillip
Greenwald, Esq., and Stephen Tabano, Esq. Based on the number of parcels involved in the litigation,
additional mediators may be required, and Staff seeks approval to select additional mediators and
authorization for expenses as necessary. Pursuant to Florida Statute § 73.091, the County is required to
pay the cost of mediation in eminent domain cases. Mediation and arbitration fees range from $275 to
$300 per hour. The average mediation can last approximately 8 hours. ($300 x 8 hours = $2,400). The
mediators listed herein do not charge for travel time but do charge for preparation as needed. Courts are
routinely scheduling arbitrations in addition to mediations.
Pursuant to the County’s Procurement Ordinance, mediation and arbitration services are exempt from the
Competitive Process. Ordinance No. 08-28, §4(7), provides: Legal services including retaining services
of law firms or other outside counsel for any reason, expert witnesses, court reporter services, appraisal
services, trial consultants or similar persons or firms deemed by the Co llier County Attorney as
necessary to address the legal needs of Collier County, together with document management and
production, legal research, and information technology products and services. Mediators and
Arbitrators are necessary for the County to successfully proceed with the Vanderbilt Beach Road
Extension eminent domain litigation.
FISCAL IMPACT: Funds in the amount of up to $600,000 will be paid from the gas tax/and or impact
fees from Vanderbilt Beach Road Extension Project No. 60168. 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.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - CMG
RECOMMENDATION: For the Board to authorize the expenses for Mediation and Arbitration Services
relating to the Vanderbilt Beach Road Extension Project No. 60168, now pending in the Twentieth
Judicial Circuit Court for Collier County, Florida for three mediators, including Larry Gendzier, Esq.,
Phillip Greenwald, Esq., and Stephen Tabano, Esq. and to authorize the Transportation Engineering
Division to select and work with additional mediators as necessary. (Fiscal Impact: $600,000)
Prepared by: Colleen M. Greene, Managing Assistant County Attorney
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ATTACHMENT(S)
1. Mediators (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 14896
Item Summary: Recommendation to authorize the expenses for Mediation and Arbitration
Services relating to the Vanderbilt Beach Road Extension Project No. 60168, now pending in the
Twentieth Judicial Circuit Court for Collier County, Florida for three mediators, including Larry
Gendzier, Esq., Phillip Greenwald, Esq., and Stephen Tabano, Esq., and to authorize the Transportation
Engineering Division to select and work with additional mediators as necessary.
Meeting Date: 02/09/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
02/01/2021 1:43 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/01/2021 1:43 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/01/2021 1:56 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/02/2021 8:10 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 02/02/2021 8:12 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/02/2021 8:16 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/02/2021 9:43 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/02/2021 9:51 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/02/2021 10:19 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/02/2021 12:43 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 02/02/2021 2:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/09/2021 9:00 AM
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Name Cost Minimum Hour per Mediation Charged Cancelation Penalty Travel Prep Time, Pre and Post mediation Conferences, Post Mediation Reports, and Similar Preparation.
Larry Gendzier $300 per hour Five (5) Hour Forty-eight (48) Hour No Charge Charged at Regular Hourly Rate
Phillip Greenwald $275.00 per hour Four (4) Hour in person, Two (2) Hour Online Two (2) Business Days' Notice or $550 cancelation charge No Charge Charged at Regular Hourly Rate
Stephen Tabano $300 per hour None None No Charge Charged at Regular Hourly Rate
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Packet Pg. 1396 Attachment: Mediators (14896 : Mediation and Arbitration Services relating to the Vanderbilt Beach Road