Loading...
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 Packet Page -2465- 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 Packet Page -2466- 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 Packet Page -2467- 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 Packet Page -2468-