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Agenda 02/10/2015 Item #16K3 2/10/2015 16.K.3. EXECUTIVE SUMMARY Recommendation to approve the hiring of Charles S. Stratton, P.A. to act as mediator in the eminent domain case styled Collier County v. RTG, LLC., et al., Case No. 13-CA-259, in order to conduct mediation regarding full compensation owed ABC Liquors for the taking of parcels required for the US 41/CR 951 Intersection Project. 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 Charles S. Stratton to serve as mediator at the upcoming mediation scheduled for February 23, 2015 in order to facilitate the settlement of full compensation owed ABC Liquors for the taking of parcels as a part of the US 41/CR 951 Intersection project(Project No. 60010). 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 of $5,000 for services rendered by Mr. Stratton for the upcoming February 23rd mediation , and also that the Board gives prior approval for the retention of Mr. Stratton 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-way 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 hiring Charles S. Stratton as mediator for the February 23rd mediation with Respondent, ABC Liquors, and authorizes the County Attorney to retain Mr. Stratton for future mediations under the terms of the attached letter. Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: February 4, 2015 fee letter Packet Page-843- 2/10/2015 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.3. Item Summary: Recommendation to approve the hiring of Charles S. Stratton, P.A. to act as mediator in the eminent domain case styled Collier County v. RTG, LLC., et al., Case No. 13- CA-259, in order to conduct mediation regarding full compensation owed ABC Liquors for the • taking of parcels required for the US 41/CR 951 Intersection Project. Meeting Date: 2/10/2015 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 2/4/2015 3:38:32 PM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 2/4/2015 3:38:33 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 2/4/2015 3:41:44 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/4/2015 3:44:43 PM Packet Page-844- 2/10/2015 16.K.3. 215 SOUTH MONROE STREET SUITE 400 C PO DRAWER 11300(32302) TALLAHASSEE,FLORIDA 32301 BROAD AND C_ASSEL TELEPHONE 850.681.6810 www.broadandcassel.com ATTORNEYS A T LAW CHARLES S.STRATTON,P.A. DIRECT LINE:850-681-6810 DIRECT FACSIMILE:850-521-1450 EMAIL:cstratton anbroadandcassel.com February 4, 2015 VIA U.S. MAIL Craig B. Willis, Esq. D. Tobyn DeYoung, Esq. Fixel & Willis 449 Central Avenue, STE 200 211 S. Gadsden Street St. Petersburg FL 33701 Tallahassee FL 32301 A. Kurt Ardaman, Esq, Mark Buell, Esq. Fishback, Dominick, Bennett, Ardaman, Buell & Elliget Ahlers, Langley & Geller, LLP 3003 W. Azeele St. STE 100 1947 Lee Road Tampa FL 33609 Winter Park FL 32789 Charles P.T. Phoenix, Esq. Rhodes Tucker Phoenix 2407 Periwinkle Way, STE 6 Sanibel FL 33957 Re: Mediation—Friday, February 23, 2015 Collier County, Florida vs. RTG, LLC; et al. Case No. 13-CA-259 Fl. 20th Circuit, Collier County, Florida Dear Counsel: Thank you for selecting me to mediate the above-referenced matter. This will confirm that mediation has been scheduled for Friday, February 23, 2015, beginning at 10:00 a.m., at the office of the Collier County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112- 5 749. The charge for my services as a mediator is $300.00 per hour, with a minimum of guaranteed time of 4 hours. Unless otherwise agreed, Collier County will be responsible for payment of my fees. Payment is due upon receipt of the statement. I find mediation statements helpful, and would request that all counsel provide me with a short statement of the case at least five (5) business days prior to the mediation. I will treat the BOCA RATON • FT. LAUDERDALE • MIAMI • ORLANDO • TALLAHASSEE • TAMPA • WEST PALM BEACH Packet Page -845- 2/10/2015 16.K.3. February 4,2015 Page 2 statements as confidential unless instructed to do otherwise by the party submitting the statement. Prior to mediation, I will review all materials submitted to me. Also, if this mediation is court ordered, please provide me with a copy of the Order for my file. If you need to reschedule or cancel the mediation for any reason, or if you settle your dispute in advance of the scheduled mediation date, please let me know as soon as possible. Otherwise, I look forward to meeting with you and your clients on February 23, 2015. With respect to my serving as mediator in connection with the above-captioned matter, I wish to make you aware that another lawyer in my Firm has ongoing representation of a client, Narcoossee Land Holding Two, Inc. ("NLH2"), in matters adverse to ABC Liquors (the "ABC Matters"). I believe that the ABC Matters present a potential conflict of interest under Rule 10.340 of the Florida Rules for Certified and Court Appointed Mediators and, as such, I am required to disclose the potential conflict. In the ABC Matters, my firm represents NLH2 in connection with a parcel of land in a planned development owned by NLH2. Our Firm represented NLH2 in the now-completed sale of the parcel to ABC Liquors. In addition, our firm will represent NLH2 in connection with ABC Liquors planned construction a free-standing liquor store. The neighboring outparcels are either owned by NLH2 or by third parties and they are under a development agreement for shared infrastructure, some of which NLH2 will deliver over time. NLH2 also controls their architectural and use restrictions. Our Firm will represent NLH2 in any matters arising from the planned construction by ABC Liquors. These ABC Matters are wholly unrelated to the case underlying the proposed mediation. Furthermore, I do not currently and, to the best of my knowledge, have never personally represented ABC Liquors in any matter. Given these facts, I believe the potential conflict of interest will not compromise or appear to compromise my impartiality as a mediator in this case. If there is any hesitation by any party, I am more than willing to step down as your proposed mediator. Additionally, at the beginning of the mediation, I will openly address this issue to all parties present in order to orally reiterate this paragraph. Thank you. Sincerely, Charles S. Stratton, P.A. CSS/pam BROAD AND CASSEL Packet Page-846-