HomeMy WebLinkAboutR-90-0439r /.30/PO
90-
RESOI.,UTION NO. 3
A RESOLUTION INCREASING THE MAXIMUM
COMPENSATION SET BY RESOLUTION NOS. 86-401
AND 88--991 BY AN ADDITIONAL $50,000.00 TO
ATTORNEYS JOSEPH Z. FLEMING, PARKER THOMSON,
AND GARY HELD, AT AN HOURLY RATE OF $ 50 .00 ,
AS COMPENSATION FOR LEGAL SERVICES RENDERED
AS SPECIAL COUNSEL IN DEFENDING THE CITY OF
MIAMI AND INDIVIDUAL CITY COMMISSIONERS
THROUGH TRIAL STAGE, APPELLATE PROCEEDINGS
AND ADMINISTRATIVE HEARINGS IN CONNECTION
WITH ZONING/COMPREHENSIVE NEIGHBORHOOD PLAN
RELATED LAWSUITS INVOLVING PROPERTY LOCATED
AT 3471 MAIN HIGHWAY; SAID FUNDS TO BE PAID
FROM THE CITY'S SELF-INSURANCE TRUST FUND.
WHEREAS, the City Commission, through Resolution No. 86-401,
adopted May 22, 1986, authorized employment of, and payment of
$50,000.00 to the law firms of Joseph Z. Fleming and Parker
Thomson as Special. Counsel to serve the City in defending through
the trial stage, lawsuits filed by Kenneth Treister, Howard
Scharlin and Gerald Katcher ("Plaintiffs/Appellants"), in
connection with the City's denial of certain zoning applications
at approximately 3471 Main Highway in Coconut Grove ("Commodore
Bay Property"); and
WHEREAS, Resolution No. 88-991 authorized an additional
$30,000 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, on April 12, 1989, the Plaintiffs/Appellants have
also initiated an intense and costly challenge to the City's
newly adopted Comprehensive Neighborhood Plan 1989-2000
("Comprehensive Plan"); and
WHEREAS, Gary Held, Esquire, previously associated with the
Parker Thomson law firm, has been an integral and essential
member of the City's legal defense team since the inception of
the subject litigation; and
CITY COMMISSION
MEETING € F ..
J U Pd 7 1990
99- 439
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consumed hundreds of man-hours, involved. several law firms, and
has been pursued in the Circuit Court, Appellate Division of the
Circuit Court, Third District Court of Appeal, Federal Court, and
the Florida Division of Administrative Hearings; and
WHEREAS, the subject litigation is presently still pending,
in one form or another, in Federal court, the Third District
Court of Appeal., and the Florida Division of Administrative
Hearings; and
WHEREAS, the Plaintiffs/Appellants' subject lawsuits involve
a monetary claim of $10 million dollars, challenges the
legislative authority of the City Commission, and seek 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, the Plaintiffs/Appellants have appealed the Circuit
Court's granting of Summary Judgment to the City, taking, once
again, the matter to the Court of Appeal; and
WHEREAS, the Plaintiffs/Appellants have also attacked the
City in yet another forum by appealing the State of Florida's
approval of the City of Miami's newly adopted Comprehensive
Neighborhood Plan's designation of the Plaintiffs'/Appellants'
Commodore Bay Property; and
WHEREAS, the subject litigation on the Commodore Bay
Property is now in its fourth year, and continues to consume many
hours of legal defense representation by Special Co -Counsel and
the City Attorney's Office; and
WHEREAS, the case now involves six law firms and the City
Attorney's Office; and
WHEREAS, potential exposure to the City remains great until
the last court rules on this matter in the City's favor; and
90- 439
WTTFPFAF,. there ba.ve been, a.n1-1, W1 1.1. COTIIJ.nue t.n be
hea,rizzgs , plesa.di.ng preparations. brief ��r. epa,rr�.t ir,nr . ort,l.
arguments, meetings, and requisite research in addition to the
time spent in the above activities;
WHEREAS, the City Attorney has advised the City Commission
of the superior quality of Joseph Z. Fleming, Parker Thomson, and
Gary Held's representation of the City to date on this subject
case; and
WHEREAS, the City Commission hereby recognizes, acknowledges
and applauds the highly competent and successful representation
heretofore provided on a modified pro bono basis by Messrs.
Joseph Fleming, Parker Thomson, and Gary Held; and
WHEREAS, the funds authorized for payment of said attorneys
has been expended, creating a need for further City Commission
action; and
WHEREAS, although the law firma of Joseph Fleming and Parker
D. Thomson's former associate, Gary Held, have reached the
maximum levels of their authorized compensation set by Resolution
88-991, they have continued to provide extremely competent and
dedicated legal services to the City, pending authorization for
additional funds by the City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The maximum compensation authorized by
Resolution No. 86-401, adopted May 22, 1986, as amended by
Resolution 88-991, for payment to the law fires of Joseph Z.
Fleming, Parker Thomson and Gary Held for legal services rendered
as Special Counsel in connection with land use matters involving
3471 Main Highway, is hereby increased by an additional
$50,000.00, with the hourly rate remaining at a modified pro bono
rate of $50.00 per hour, for defending the City of Miami and
individual City Commissioners, as applicable, through trial
stage, appellate proceeding and administrative bearings.
Section 2. Funds allocated herein shall be paid from the
City's Self Insurance Trust Fund.
96- 49
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immef l,-..tely vPon t.t,s a.d.opt'_on .
PASSED AND ADOPTED this _ 7th day of _ June 1990.
XAVI ER i, . S A Z , MAYOR
ATT9ST
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
j
/JOEL E. MAXWELL
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS: 1
4GJ`L. VE ANDEZ
ATTOR Y
JEM/db/M1476
-4-
90 - 439
CITY OF MIAMI. FLORIDA 16
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members DATE
of the City Commission
SUBJECT
FROM Jorge L. Fernandez REFERENCES
City Attorney
ENCLOSURES
RECOMMENDATION:
May 30, 1990 FIL6J-90-383
Increase in Maximum
Compensation allowed
for Special Co -Counsel
in Commodore Bay case
It is respectfully recommended that the City Commission
approve the attached Resolution authorizing, from the City's
Self -Insurance Trust Fund, a $50,000 increase in the maximum
compensation which can be paid to the law firms of Joseph Z.
Fleming, Parker D. Thomson, and Gary M. Held, at an hourly
modified pro bono rate of $50.00 per hour, as compensation for
legal services rendered to the City as Special Counsel in
defending the City of Miami and individually named City
Commissioners. Said representation would continue through the
trial stage, appellate proceedings, and administrative hearings
in connection with the alleged $30 million dollar damage claims
emanating from the zoning/comprehensive neighborhood plan
lawsuits filed by Messrs. Kenneth Treister, Howard Scharlin, and
Gerald Katcher ("Plaintiffs").
BACKGROUND
As you are very much aware, for more than 4 years the City
of Miami has been embroiled in litigation with Messrs. Kenneth
Treister, Gerald Katcher, and Howard Scharlin relative to the
City Commission's March 27, 1986, denial of their zoning
application for development activitl on property located at 3471
Main Highway. Not only have the Plaintiffs appealed the rezoning
denial, but they also sued the City of Miami and individual City
Commissioners who voted against their position. Furthermore,
their initial request for damages has escalated from $10 million
dollars to a claim of $30 million dollars; which was set forth in
their Settlement Proposal transmitted to you under cover of my
memo to you dated May 24, 1990.
On May 22, 1986, the City Commission initially adopted
Resolution 86-401, authorizing employment of, and payment of
$50,000 to the law firms of Joseph Z. Fleming and Parker D.
Thomson as Special Counsel to assist in defending the City in
lawsuits filed by Plaintiffs. Subsequently, on October 27, 1988,
the Commission passed Resolution No. 88-991, authorizing an
90- 439
L -
G
The Honorable Mayor and Members
of the City Commission
May 30, 1990
Page ?.
additional $30,000 to the above -specified law firms for services
rendered to the City in the same litigation, at the modified pro
bono rate of $50.00 an hour.
In the ensuing- years this litigation has developed into one
of the most intense legal cases the City is involved in. In
addition to the potential personal liability for individual City
Commissioners, it also has the potential, although remote, for
great monetary liability as well.
Joseph Fleming (Lead Counsel), Parker Thomson, and Gary Held
have served as Special Co -Counsel on this case, and have served
the City extraordinarily well. Working along with the City
Attorney's Office, this Defense team has successfully defeated
the Plaintiffs in the Appellate Division of the Circuit Court,
and the Third District Court of Appeal. They have also obtained
Summary Judgment in the Circuit Court, and placed the
Petitioners, in the Comprehensive Plan Administrative Hearing
process, in a position where, presumably, they no longer are
confident that they can prevail.
All of these proceedings are going on unabated, and now
include the concerted efforts of numerous law firms and
governmental agencies. Plaintiffs have retained the services of
attorneys in the City of Miami, the City of Tallahassee, and the
City of Tampa to fight the City of Miami. In spite of the array
of legal talent aligned against the City, the City's legal
defense team, has not, to date, occurred one single setback.
Messrs. Fleming, Thomson, and Held have represented this City in
an extremely competent fashion.
All of this success, of course, requires the expenditure of
time and money. In fact it has required the commitment of
hundreds of hours of research, pleadings and memoranda drafting,
meetings, consultation, depositions, and hearings on the part of
the Ci.ty's defense team. Consequently, there are legal invoices,
even at the modified pro Bono rate, which have accrued and will
continue to accrue, until such time as these matters are finally,
resolved.
J LF/JEM/db/Pll60
Attachment
cc: Cesar Ii. Odi.o, City Manager (w,/attach. )
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