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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 Packet Page -2257- 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 Packet Page -2258- 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 Packet Page -2259- 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 Packet Page -2260- 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 helianatelna uraol.coni carlos.kellv�Zihenlaw.coni jeanne.culek'zi;:henlaww.con� i ,: 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 service' .con, Pa _ o' 2 Packet Page -2261- 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 z- 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 Packet Page -2262-