Agenda 04/11/2017 Item #16K 104/11/2017
EXECUTIVE SUMMARY
Recommendation to approve the hiring of Tara Miller Dane, Esq., for mediation services relating to
the LASIP Project No. 51101, Wing South portion, and the eminent domain case styled Collier
County v. Lori R. Lear, et al., Case No. 15-CA-1599, now pending in the Twentieth Judicial Circuit
Court for Collier County, Florida, and authorize the County Attorney to retain Ms. Miller Dane for
future mediations in eminent domain litigation. (Fiscal Impact: $5,000)
OBJECTIVE: To secure the mediation services of Tara Miller Dane, Esq., 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: On February 16, 2017, the Court held a Judicial Status Conference in the
referenced case and ordered mediation be held by May 1, 2017, as reflected in the attached Order. The
County Attorney’s Office (CAO) and opposing counsel have agreed upon Tara Miller Dane, Esq. to
conduct the Court Ordered mediation. Pursuant to Fla. Stat. § 73.091(1), the County is required to pay
the cost of mediation in eminent domain cases. The CAO anticipates the cost to retain Ms. Miller Dane in
this case will not exceed $5,000, and requests the Board authorize her retention as mediator in any future
eminent domain litigation under the terms of the attached fee schedule.
FISCAL IMPACT: Funds in the amount of $5,000 are available from the Stormwater Capital
Improvement Fund 325. Source of funds is transfers from the General Fund (001) and Unincorporated
Area General Fund (111).
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 Tara Miller
Dane, Esq., for mediation services relating to the LASIP Project No. 51101, Wing South portion, and the
eminent domain case styled Collier County v. Lori R. Lear, et al., Case No. 15-CA-1599, now pending in
the Twentieth Judicial Circuit Court for Collier County, Florida, and authorize the County Attorney to
retain Ms. Miller Dane for future mediations in eminent domain litigation under the terms of the attached
fee schedule.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Court Order (PDF)
2. Fee Schedule for Tara Miller Dane, Esq., Mediation Services (PDF)
16.K.1
Packet Pg. 1200
04/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 2952
Item Summary: Recommendation to approve the hiring of Tara Miller Dane, Esq., for mediation
services relating to the LASIP Project No. 51101, Wing South portion, and the eminent domain case
styled Collier County v. Lori R. Lear, et al., Case No. 15-CA-1599, now pending in the Twentieth
Judicial Circuit Court for Collier County, Florida, and authorize the County Attorney to retain Ms. Miller
Dane for future mediations in eminent domain litigation. (Fiscal Impact: $5,000)
Meeting Date: 04/11/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/23/2017 4:16 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/23/2017 4:16 PM
Approved By:
Review:
Growth Management Department James French Additional Reviewer Completed 03/23/2017 8:14 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/24/2017 10:17 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/24/2017 11:40 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 03/24/2017 3:17 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/24/2017 3:26 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/27/2017 2:00 PM
Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 03/23/2017 4:13 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 03/28/2017 9:09 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/28/2017 1:54 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/29/2017 8:34 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/31/2017 1:19 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/03/2017 11:04 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM
16.K.1
Packet Pg. 1201
16.K.1.a
Packet Pg. 1202 Attachment: Court Order (2952 : Approve the hiring of Tara Miller Dane, Esq., for mediation services)
16.K.1.a
Packet Pg. 1203 Attachment: Court Order (2952 : Approve the hiring of Tara Miller Dane, Esq., for mediation services)
TARA MILLER DANE, ESQ.
MEDIATION SERVICES
Certified Circuit Civil Mediator and Certified Family Law Mediator
1100 Fifth Avenue South, Suite 201, Naples, Florida 34102
Tel.: 239-643-4338, E-Mail: Taradane7@aol.com
CIVIL MEDIATION FEE SCHEDULE 2017
* Please note that this mediator does not mediate with Pro-Se Parties.
HOURLY RATE: $ 300.00 per hour for two (2) parties;
$ 350.00 per hour with three (3) parties;
$ 400.00 per hour with four (4) or more parties;
Note: The number of parties is determined by the number of attorneys
involved in the case. The mediation fee will be divided equally unless
otherwise agreed to in advance.
MINIMUM FEE: Half-Day Sessions: Three Hours at the applicable rate listed above.
Full-Day Sessions: Six Hours at the applicable rate listed above.
MISCELLANEOUS:
No Charge for travel time to Collier or Lee County mediations.
No administrative fee charge.
Hourly rate is applicable to time spent reviewing summaries and summary documents.
CREDIT IS EXTENDED TO COUNSEL ONLY, COUNSEL IS RESPONSIBLE FOR
PAYMENT. THEREFORE, COUNSEL MAY WISH TO REQUIRE THAT CLIENT'S
PROVIDE THEM WITH A RETAINER TO COVER MEDIATION COSTS.
CONFERENCE ROOM:
Conference rooms (subject to availability) may be rented from Bayview Executive Suites at
1100 Fifth Ave. South, Suite 201, Naples, Florida, 34102, at the rate of $65.00 for half day,
and $130.00 for a full day. Contact telephone number above for scheduling.
CANCELLATION FEES:
Please note that the law firm scheduling the mediat ion MUST be the one canceling the
mediation.
Half-Day Sessions: No charge if canceled within Seven (7) Days, (Note: Seven (7)
consecutive 24 hour periods in advance of the scheduled mediation is required for avoidance
of Cancellation fee). If canceled with less than required notice, a fee of Two (2) hours will be
charged.
Full-Day Sessions: No charge if canceled within Seven (7) Days, (Note: Seven (7)
consecutive 24 hour periods in advance of the scheduled mediation is required for avoidance
of cancellation fee). If canceled with less than required notice, a fee of Four (4) hours will be
charged.
16.K.1.b
Packet Pg. 1204 Attachment: Fee Schedule for Tara Miller Dane, Esq., Mediation Services (2952 : Approve the hiring of Tara Miller Dane, Esq., for mediation