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Home My WebLink AboutR-96-0473N N RESOLUTION NO. 9 6 - 473 A RESOLUTION RESCINDING RESOLUTION NO. 96-306, ADOPTED MAY 23, 1996, AND SUBSTITUTING, NUNC PRO TUNC, THE HEREIN RESOLUTION RATIFYING AND APPROVING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRMS OF JOSEPH Z. FLEMING, ESQ., AND GARY M. HELD, ESQ., AT AN INCREASED HOURLY RATE OF $175.00, AS COMPENSATION FOR LEGAL SERVICES RENDERED IN REPRESENTING AND DEFENDING THE CITY OF MIAMI AND INDIVIDUAL CITY COMMISSIONERS, AS APPLICABLE, THROUGH ANTICIPATED OR ACTUAL TRIAL STAGES, APPELLATE PROCEEDINGS AND ADMINISTRATIVE HEARINGS IN CONNECTION WITH PROPERTY LOCATED AT 3471 MAIN HIGHWAY (A/K/A "COMMODORE BAY"), MIAMI, FLORIDA; ALLOCATING ADDITIONAL FEES THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000 FOR SUCH REPRESENTATION, FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 620103-661; FURTHER AUTHORIZING THE CITY ATTORNEY AND SPECIAL COUNSEL TO TAKE ALL NECESSARY LEGAL STEPS, INCLUDING INTERVENTION, IN THE NEWLY FILED KENNETH TREISTER, GERALD KATCHER AND HOWARD SCHARLIN VS. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA LITIGATION (CASE NO. 96-1730); AND PROVIDING FOR A RETROACTIVE EFFECTIVE DATE. WHEREAS, Resolution No. 96-306 authorized Parker Thomson, Esq., among others, to represent the City as Special Counsel; and WHEREAS, Parker Thomson has Tt represented the City of Miami in the latest phase of the Treister, et al., litigation (Case No. 96-1730) and had previously advised that he would not be able to undertake further representation of the City in this matter; and WHEREAS, it is the intent of the City Commission and City Attorney to correct the record regarding Mr. Thomson's representation of the City; and WHEREAS, the City Commission, pursuant to Resolution No. 86-401, adopted May 22, 1986, authorized employment and payment of $50,000.00 to the law firm of Joseph Z. Fleming, inter alia, as Special Counsel to serve the City in CITY COMMISSION MEETING OF J u N 2 7 1996 Resolution No. defending through the trial stage, lawsuits filed by Kenneth Treister, Howard Scharlin and Gerald Katcher ("Plaintiffs"), in connection with the City's denial of certain zoning applications at approximately 3471 Main Highway in Coconut Grove ("Commodore Bay Property") Miami, Florida; and WHEREAS, Resolution No. 88-991 authorized an additional $30,000 to the l above specified law firms, for services in the same litigation at the modified pro Bono rate of $50.00 per hour; and WHEREAS, Resolution No. 90-439 authorized an additional $50,000 to the above specified law firms, for services in the same litigation at the modified pro bono rate of $50.00 per hour; and WHEREAS, Resolution No. 90-439 also recognized the contribution of Gary M. Held, Esquire, to the City's defense team in the subject litigation and authorized his retention and compensation as Special Counsel; and WHEREAS, the Plaintiffs also initiated, but recently finally dropped, an intense and mutually costly challenge to the City's Comprehensive Neighborhood Plan 1989-2000 ("Comprehensive Plan"); and WHEREAS, Resolution No. 92-454 authorized an additional $50,000 to the above specified law firms for services in the same litigation at the modified pro bono rate of $50.00 per hour; and WHEREAS, the defense of the City and City Commissioners in litigation relative to the Commodore Bay Property, now in its tenth (loth) year, has consumed hundreds of man-hours, involved, sometimes simultaneously, as many as seven (7) different law firms and the City Attorney's Office, and has been litigated in the Circuit Court, Appellate Division of the Circuit Court, Third District Court of Appeal, Federal District Court, Federal Court of Appeals and the Florida Division of Administrative Hearings; and PA 96- 473 WHEREAS, the Plaintiffs' initial lawsuits against the City involved a monetary claim of $30 Million, challenged the legislative authority of the City Commission, and sought to hold individual City Commissioners personally liable for alleged improper actions; and WHEREAS, to date, the City's legal team has been victorious in its defense of the individual City Commissioners and the City on all fronts; and WHEREAS, on April 1, 1996, the law firm of JOSEPH Z. FLEMING, P.A., merged with the law firms of ALLEY AND ALLEY/FORD & HARRISON, with Joseph Z. Fleming, Esq., becoming a partner in ALLEY AND ALLEY/FORD & HARRISON; and WHEREAS, the subject litigation is presently still pending in Federal Court; and WHEREAS, the Plaintiffs have renewed their attack on the City by recently filing a new lawsuit against the Board of Trustees of the Internal Improvement Fund of the State of Florida ("Trustees") [Case No. 96-1730], seeking to force the State of Florida, through the Trustees, to acquire the Commodore Bay pursuant to an agreement between the Trustees and the City dated October 21, 1985. That agreement regarded the release of certain deed restrictions by the Trustees relative to the construction of the Bayside Specialty Center in Bayfront Park; and WHEREAS, the real and actual interests at stake in the aforementioned new Trustee's lawsuit are very much the City's inasmuch as the Plaintiffs in this new action, Messrs. Kenneth Treister, Gerald Katcher and Howard Scharlin, are once again making allegations and seeking judicial relief which could result in an unwarranted and extraordinary cost to the City of many millions of dollars, if the City's interests are not adequately protected; and WHEREAS, the potential fiscal exposure to the City remains great until I the last court rules on this matter in the City's favor; and 3 96- 473 s WHEREAS, there have been, and will, undoubtedly, continue to be, j. countless hearings, pleading preparations, brief preparations, oral arguments, meetings, and requisite research in addition to the time spent in the above activities; and WHEREAS, the City Attorney has continually advised the City Commission of the superior quality of Messrs. Joseph Z. Fleming's and Gary M. Held's representation of the City on the subject cases; and WHEREAS, the City Commission hereby recognizes, acknowledges and applauds the highly competent and successful representation heretofore provided during the previous ten years, on a modified pro bono basis, by i Messrs. Joseph Z. Fleming and Gary M. Held; and WHEREAS, the City Commission further acknowledges the fact that the $50.00 modified pro bono fee paid to Messrs. Fleming and Held for the past decade is no longer adequate in light of the general increase in litigation expenses and legal fees since 1986; and WHEREAS, the proposed $175.00 fee herein is less than the current usual hourly rate for subject Special Counsel; and WHEREAS, the funds previously authorized for payment of said attorneys have been expended, creating a need for further City Commission action; and WHEREAS, although the law firms of Joseph Z. Fleming and Gary M. Held, have reached the maximum levels of their authorized compensation set by Resolution No. 92-454, they have continued to provide extremely competent and dedicated legal services to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as 4 96- 473 E if fully set forth in this Section. Section 2. Resolution No. 96-306, adopted May 23, 1996, is hereby rescinded in its entirety, and the herein resolution is hereby adopted, nunc pro tune, in full substitution therefore. Section 3. The City Attorney's continued engagement as Special Council 11 of Attorneys Joseph Z. Fleming (of ALLEY AND ALLEY/FORD & HARRISON) and Gary E M. Held (of MILLEDGE, IDEN & HELD) at an increased hourly rate of $175.00, as j, compensation for legal services rendered in representing and defending the City of Miami and individual City Commissioners, as applicable, through anticipated or actual trial stages, appellate proceedings and administrative hearings, in connection with property located at 3471 Main Highway (a/k/a "Commodore Bay"), Miami, Florida, is hereby ratified and approved, with additional fees therefor, in an amount not to exceed $35,000 for such representation, from the City of Miami Self -Insurance and Insurance Trust Fund, Index Code. 620103-661. Section 4. The City Attorney and said Special Counsel are hereby III authorized to take all necessary legal steps, including intervention, in the newly filed case of KENNETH TREISTER GERALD KATCHER AND HOWARD SCHARLIN VS. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA i litigation (Case No. 96-1730) to protect the City of Miami's interests. Section 5. This Resolution shall have a retroactive effective date of May 23, 1996. PASSED AND ADOPTED this 27th day of /�4ne 1996. 5 0 GORT, VICE -MAYOR 96- 473 BUDGETARY AND FINANCIAL REVIEW: 09. MANORAR S ASSISTANT MANAGER APPROVED AS TO FORM AND CORRECTNESS: 3 y6-r 473 9 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 8 A Honorable Vice -Mayor and Members of the City Commission tr�� A. y Att II City Atto DATE: June 20, 1996 FILE: A#96-378 SUBJECT: Treister,_ et _al. vs. Board of Trustees of the Internal Improvement Fund of the State of Florida (Case No. 96-1730); REFERENCES: City Commission Meeting of June 27, 1996; Resolution rescinding and replacing ENCLOSURES: Resolution No. 96-306 Adopted 5/23/96 On May 23, 1996, the City Commission adopted Resolution` No. 96-306 that approved, among other things, the City Attorney's continued use of Joseph Z. Fleming, Parker Thomson and Gary Held as Special Counsel in the newly filed Treister, et al. vs. Board of Trustees of the Internal Improvement Fund of the State of Florida (Case No. 96-1730). Although Messrs. Fleming and Held had represented the City, without cost, in the subject matter prior to Resolution No. 96-306, Mr. Thomson was not involved. Further, Mr. Thomson had advised that he would be unable to undertake representation of the City in this matter. Consequently, the accompanying new resolution totally rescinds Resolution No. 96-306 and 1 replaces it, Nunc Pro Tung (retroactively), as of May 23, 1996. It is the same as previously �{{ approved Resolution No. 96-306, with the exception that it does not include Parker i Thomson. Attachment cc: Cesar H. Odio, City Manager Joel E. Maxwell, Deputy City Attorney Joseph Z. Fleming, Esq. Gary M. Held, Esq. 1 96- 473