HomeMy WebLinkAboutReso 2007-1085
RESOLUTION NO. 2007- ID & S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ATHORIZING THE CITY
ATTORNEY TO RETAIN THE SERVICES OF THE LAW FIRM OF
SHUTTS & BOWEN, AND SPECIFICALLY, SIDNEY C. CALLOWAY,
ESQ. AS OUTSIDE COUNSEL, SPECIFICALLY TO HANDLE ALL
LITIGATION ARISING FROM THE LAWSUIT CITY OF SUNNY ISLES
BEACH V. 18100 COLLINS AVENUE SHOPPING CENTER, INC. AT AN
HOURLY RATE OF TWO HUNDRED FIFTY DOLLARS ($250.00);
AUTHORIZING THE CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City wishes to retain outside counsel to provide legal representation in
the eminent domain lawsuit involving 18100 Collins Avenue, Inc; and
WHEREAS, Sidney C. Calloway, Esq. is highly qualified to represent the City in the
matter of City of Sunny Isles Beach v. 18100 Collins A venue, Inc.; and
WHEREAS, the City Attorney desires to enter into an agreement to retain the services of
Sidney C. Calloway, Esq., attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CtTY COMMISStON OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Approval of Agreement. The City Commission hereby approves the retainer
agreement of the Law Firm of Shutts & Bowen, LLP. as Special Counsel at an hourly rate not to
exceed Two Hundred Fifty Dollars ($250.00).
Section 2. Authority of the City Attorney. The City Attorney is hereby authorized to do all
things necessary to effectuate this agreement.
Section 3.
Effective Date. This Resolution is effective upon adoption
PASSED AND ADOPTED this 191h day of April 2007,
~~.AL
Jane . Hmes. CMC, City Clerk
mm"~;~';~~/
.-\uthorizing The i\greement \'\/ith Shutts & Bowell, Specifl<.:ally Sidney Callow,lY E$tj.
Page I of 2
APPROVED AS TO FORM
AND E L S F CIENCY:
~
Moved by: VICJ.. Mr:>r4(j2., Wrtt..~R
Seconded by: (I~,rN.JY.\\Ill\)'i& ~R.~7 IU
Vote: '-1-0-1
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brczin
Commissioner Goodman-kb<;fM, o;j--'
Commissioner Iglesias
~(Ycs)
LdYes)
!"dYes)
_(Yes)
v(Yes)
_(No)
(No)
(No)
(No)
(No)
Authorizing The Agreement \'\hlh Shutts & Bowen, Specifically Sidney Calloway Esq.
Page 20f2
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SHWTS
BOWEN
LLP
Sidney C. Calloway
954-847-3833
scalloway@shutts.com
Mr. Calloway joined Shutts & Bowen's government practice group as a partner in 1998 and
is resident in the firm's F0I1 Lauderdale office. He currently serves as Governor Jeb Bush's appointee
to the Florida Transportation Commission where he presides as the Commission's elected secretary.
Mr. Calloway has broad governmental affairs, real estate acquisition and litigation experience
arising from his representalion of a diverse array of both govern menial and private sector clients. Past
governmental clients have included the Florida Depm1ment of Transportation, the School Board of
Miami-Dade County, the Broward County Aviation Depm1ment, the Broward County Supervisor of
Elections, the City of Fort Lauderdale Community Redevelopment Agency and the Broward County
Legislative Delegation. As an Assistant Attorney General lor then Attorney General, Bob
Butterworth, Mr. Calloway served as Chief of Eminent Domain, and was directly responsible for
administering a staff of lawyers and support personnel who ultimately acquired over 200 real estate
parcels on behalf of the Florida Department of Transportation, At the same time, Mr. Calloway also
represents an array of private sector development clients on wireless infrastructure aevelopment,
transportation policy and proeuremeut, land use and zoning, trust and indentures, project
management, commercial and economic development.
Mr. Calloway's civic and professional affiliations includes service on the Board of Directors
for the Urban League of Broward County, the Fort Lauderdale NAACP, Legal Aid of Broward
County, the City of Fort Lauderdale Economic Development Advisory Board, and the Broward
League of Cities, Growth Management and Transportation Committees. I-Ie is a eUITent member of
the Florida Bar Speakers Bureau and former Chair of a Florida Bar Grievance Committee for the 17'''
Judicial Cireuil. Mr. Calloway also serves as the Vice-Chair of the Early Learning Coalition of
Broward County and is a member of the Board of Directors for the Central Chal1er School of
Lauderdale Lakes, and the Fort Lauderdale Community Development Corporation,
Mr. Calloway received a Bachelor of Arts degree from Florida State University and his J.D.
from Washington University/SI. Louis. He was admitted to the Florida Bar in 1989 and is also
admitted to practice in the U.S. District Courls for the Southern and Middle Districts of Florida, and
the U.S. Court of Appeals for the 11 th Cireuil. He is a Florida Supreme Court certified circuit civil
court mediator and an active member of the American Bar Association, National Bar Association, and
the Broward County Bar Association.
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BOWEN
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Shutts & Bowen History
SHUTTS & BOWEN has been in continuous existence since 1910. It was
founded by Frank B. Shutts, who played an important role in many of the
significant developments which transformed Miami from the small community
of approximately 5,000 residents it was when he arrived, to the major
international city it is today. It was Colonel Shutts' contribution to these key
developments that began the tradition of service to our state that we maintain
to this day,
Past and present attorneys of the firm have served the community and the
profession as: members of the judiciary in the U,S. Supreme Court, the U, S.
Court of Appeals, the Supreme Court of Florida, on the Federal and State
Court Benches; as elected members of the legislature as a U. S. Senator, a
U. S. Congressman, a State Senator, a State Representative, a Mayor of
Miami-Dade County, a Mayor of the City of Miami; and, as elected officers of
the Florida Bar, and the House of Delegates of the American Bar Association.
Just as Colonel Shutts saw the bright future of Miami in the early 1900s, so
too do we see the bright future of all of Florida today, To serve the needs of
our clients, we have offices in Miami, Fort Lauderdale, West Palm Beach,
Orlando, Tampa and Tallahassee, as well as two offices in Europe. In the
years to come, we will maintain our tradition of service to our clients, We will
strive always to be worthy of the reputation established by our founders in
1910. Thus, while we are proud of our heritage of providing legal service to
our clients continuously for nearly a century, we are most excited not about
our past, but about our future,
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BO~EN
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Litigation
Shutts & Bowen's litigation attorneys vigorously represent clients at all levels
of our federal and state court systems and before numerous state and federal
agencies, commissions, boards, and other regulatory and administrative
authorities,
We handle the litigation process from counseling and alternative-dispute-
resolution mechanisms, through prosecution or defense of discovery, pretrial,
and trial proceedings in lawsuits, to post trial remedies and review in
appellate courts.
The litigation department's practice includes a wide variety of administrative,
trial, and appellate cases in the following areas: antitrust, administrative law,
class actions, banking, real estate, franchising, bankruptcy, admiralty, life,
health and disability insurance, claims against insurance agents and
agencies, employment discrimination, construction litigation representing
contractors and owners/developers, labor, product liability, personal injury,
lender liability, commercial torts, civil rights, general business litigation,
commercial collections, contract litigation, mortgage foreclosures,
repossessions and replevins, land use litigation, securities litigation,
trademark and copyright litigation, defamation, white collar criminal defense
and constitutional issues,
We represent domestic and foreign corporations and individuals in cases
ranging from single tort actions to multi-party, complex commercial litigation.
Our practice includes using cutting-edge litigation support technologies like
Summation, We regularly explore cost-effective alternative litigation
resolution mechanisms, We are well-acquainted with the demands and
exigencies of working with sophisticated in-house counsel and are prepared
to provide legal services tailored to fit our clients' budgets,
In the area of bank-related litigation, attorneys including former federal and
state prosecutors have defended banks in lawsuits brought by customers
alleging violations of financial privacy in reporting suspicious activity. Fully
conversant with U.S. and foreign anti-money laundering laws and regulations,
members of the litigation department are frequently called upon to assist our
financial services clients in responding to foreign and domestic legal
procedures, including grand jury investigations, document subpoena
responses, We provide advice and counsel on the Bank Secrecy Act,
regulatory examination issues, wire transfer monitoring, necessary internal
controls for financial institutions, "know your customer" and due diligence
procedures, suspicious activity reporting and privacy issues,
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SH~!TS
BO~EN
LLP
Rea I Estate
Real Property and Development
It takes a strong combination of skills to compete in today's real estate
market. And our team can help you cover the industry. From first assessment
to final sale, our attorneys have the experience to know what works, the
knowledge to solve tough problems and the sophistication to use the latest
strategies,
With a large group and statewide resources, we handle projects of all sizes:
residential and condominium developments, office buildings, shopping
centers, industrial parks, hotels and resort properties, hospitals and
manufacturing plants. And with experienced attorneys in more than 35
practice areas, we offer combined knowledge in finance, corporate law,
litigation and many others.
We've helped clients reach their goals with successful deals and effective
negotiations, Lawyers in our group also have Florida Bar board certification
and training as environmental, electrical and environmental engineers, as
well as architects and real estate brokers. These top attorneys use a hands-
on approach to work directly with you from start to finish,
Using this combination of skills, experience and client service, we've served
as trusted advisors to major companies in U,S. and international markets,
Clients & Services
. Development - In projects ranging from single buildings to
developments of regional impact, we help developers, property
owners and investors with buying, developing, selling, leasing and
converting residential and commercial property.
. Finance - We work with lenders and borrowers on interim and
permanent mortgage loans on commercial projects. We also handle
workouts, bankruptcies, foreclosures and restructurings of troubled
projects.
. Construction - We help developers, home builders and contractors
with contracts and other construction-related issues. We also have a
large construction litigation team with experience in defects, delays
and contract disputes.
. Land Use and Zoning - We advise companies on land use and
zoning, and regularly appear before local, state and federal agencies.
. Litigation - A large litigation team helps clients resolve disputes
involving contracts, tax protests, zoning, construction and related
areas.
. Eminent Domain and Condemnation - We represent property
owners, business owners, lessees and mortgagees in eminent
domain and condemnation proceedings and appeals, as well as in
inverse condemnation proceedings.
. Title Insurance - We act as agents for most major title insurance
companies, in issuing owners and mortgagee title insurance policies
for both residential and commercial transactions,
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SHlJTTS
BO~EN
LLP
Government Law
At a time when businesses and industries face high levels of government
regulation, it's more important than ever to have experienced legal partners
who know the system inside and out. Whether you're appearing before a
publiC agency, requesting approvals, lobbying for change or seeking a
government contract, we have skilled attorneys who can help.
We know how to work with local and state government. In fact, Shutts &
Bowen has been a part of Florida's legal and political tradition for the past
century. We are proud of our experience appearing before agencies at all
levels and many of our lawyers have held positions with municipalities and
counties, as well as state, regional and federal agencies.
Our team is armed with the substantive and procedural experience, as well
as the insight and the contacts to guide you. We appear often before federal
agencies, the state legislature, state administrative agencies and a variety of
local governments including counties, cities, school boards, hospital boards
and special districts, We also represent local governments,
With offices throughout Florida, we are heavily involved as leaders in our
local communities and know the challenges that affect your business, And
with a Florida history dating back to 1909, we're not only part of the local
landscape; we're also a Florida institution with the experience and statewide
influence to help you meet those challenges,
Port and Airport-Related Services
Florida's tourism and commerce sectors rely heavily on our ports, airports
and related services. Shutts & Bowen has a sophisticated group of
practitioners with a broad range of experience in legal, regulatory and political
matters in this area, Because of this, we have an in-depth understanding of
the master plans, programs, services, restrictions and managers in all major
markets in Florida.
Ports
For companies involved in port-related activities, we provide legal services
and government relations services, Our attorneys have extensive experience
working on the design, permitting and implementation of capital programs for
berths, cargo terminals, passenger and parking facilities, dredging projects,
container yards, recycling terminals, intermodal transportation projects and
container cranes. We counsel underwriters on the financing of port
improvements as well.
We are counsel to shipping companies, stevedoring companies, cruise
companies and companies involved in certified Foreign Trade Zones, Our
firm also represents companies that import, store and distribute petroleum
products and those that provide vessel bunkering services. Other clients
include tug boat companies; environmental service companies; taxi, limo and
bus service firms; and passenger and employee shuttle services. We're also
well versed on the latest TSA and Coast Guard security requirements for
ports.
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BO~EN
LLP
Airports
For many years, we have provided legal services, counsel and lobbying
services to those companies who design, construct and operate airports and
airport facilities. Examples of the clients and projects we represent include:
airport design teams; program management; design-build; CM at risk
programs; airport people movers; intermodal transportation; ground
transportation; janitorial; parking; baggage screening; retail concessions;
aviation consultants; fixed base operators; fuel farms; FAR Part 150 noise
studies; environmental permitting and wetland mitigation services; relocation
and noise mitigation; public finance and underwriters' counsel; airport leases;
developments of regional impact; environmental impact statements; FAA
regulations; and airport advertising.
Government Law Services
. Lobbying Services
. Legislative and Executive Branch
. Land Use and Zoning
. Government Procurement Issues
. Construction Contracts
. Ad Valorem Tax Issues
. Civil Rights
. Affordable Housing
. School Boards
. Eminent Domain
. Telecommunications
. Public-Private Ventures
. Environmental
. Special Benefit Districts
. Health Law
. Relocation Incentives
. Transportation/Airports/Ports
. Public Finance
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BO~EN
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Labor & Employment
Shutts & Bowen's Labor & Employment Practice Group represents private
and public sector employers in a variety of labor and employment matters,
The firm has defended management in federal and state court lawsuits
involving employment discrimination, sexual harassment, minimum wage and
overtime compensation, employment contracts, and disability issues under
the Americans with Disabilities Act. The firm also represents clients in
investigations and audits by the U.S. Equal Employment Opportunity
Commission, the Florida Commission on Human Relations, the U.S,
Department of Labor and other administrative agencies, and in connection
with union elections and unfair labor practice charges before the National
Labor Relations Board, We also represent employers involved in arbitration,
mediation. or other alternate dispute resolution forums.
In addition to our litigation practice, we advise clients on a variety of federal,
state and local labor and employment laws, We provide legal input into
decisions regarding hiring, terminations, discipline, reorganizations,
reductions-in-force and other personnel matters, This advice involves such
matters as reviewing personnel policies for issues concerning equal
employment opportunity, family and medical leave, drug testing,
accommodation of disabilities, progressive discipline, compensation and
benefits. We advise clients on union avoidance, including assisting clients in
responding to union organizing drives. Our goal is to help our clients solve
legal problems without needless expenditure of time and money,
Our private sector clients include employers in various fields such as retail
department stores, hotels, restaurants, entertainment, health care,
construction, banks, manufacturing, cruise lines, airlines, schools,
amusement parks, personnel leasing and high technology industries. Our
representation of cities, counties, and other public employers throughout
Florida involves issues similar to those in the private sector, We also handle
public employment issues under the United States Constitution and Florida
law, including qualified immunity for public officials.
The Group advises employers and litigates in the following areas:
. Employment Discrimination
. Sexual Harassment
. Wage and Hour Audits
. Personnel Policies
. Labor Union Avoidance
. Family and Medical Leave
. NLRB Elections
. Reductions-in-ForceIWARN Act
. NLRB Unfair Labor Practice Charges
. Occupational Safety and Health (OSHA)
. Collective Bargaining
. Privacy Issues
. Child Labor Laws
. Unemployment Compensation
. Drug Testing
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SH~!TS
BO~EN
LLP
. ERISA/COBRA and Employee Benefits
. Employment Agreements
. Employment Torts
. Severance Agreements
. AIDS in the Workplace
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SH~!TS
BO~EN
LLP
Land Use & Zoning
The Shutts & Bowen Land Use Practice Group provides legal services to
address the complex regulatory and political environment placed on our
clients. The Practice Group provides comprehensive and effective
representation in applying and interpreting land use regulations at local, state
and federal government levels. We assist clients in clarifying regulatory and
zoning laws, as those laws apply to the acquisition, development, sale or
litigation of real property matters.
The members of our Practice Group handle complex land use issues,
including:
. Zoning and Permitting Issues
. Comprehensive and Master Plan Amendments
. Developments of Regional Impact (ORis)
. Governmental and Regulatory Takings
. Concurrency Requirements
. Coastal Water Development
. Tax and Other Governmental Development Incentive Programs
. Historic Preservation Requirements (local, state, and federal)
. Environmental Issues Involving Permitting and Compliance at a local,
state and federal level
. Environmentally Sensitive Issues Involving Wetlands, Marine Life,
Mitigation, Assessments and Remediation of Environmentally
Contaminated Lands
. Vested Rights Issues
. Covenants and Deed Restrictions
. Water and Sewer Issues
. Land Use Litigation
We regularly represent clients before a variety of governmental agencies,
boards and commissions, and the members of our Practice Group enjoy high
visibility throughout the State. Our reputation for integrity and
professionalism results in positive working relationships with local
government employees and officials at all levels, These relationships,
coupled with our experience in regulatory and zoning laws, allow the Land
Use Practice Group to be effective in issues involving acquisition,
development, sale and litigation of real property matters.
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 160
. (305) 947-0606 City Hall
(305) 949-311 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Allorney
Jane A. Hines,CMC, City Clerk
MEMORANDUM
TO: Hans Ottinot, City Attorney
FROM: Priscilla Walker,CMC, Deputy City Clerk ?W ~
DATE: April 24, 2007
RE: Authorization to Retain Shutts & Bowen (Sidney Calloway) as Outside Counsel
At its regular meeting of April 19, 2007, the City Commission adopted Resolution No. 2007-
1085, which authorized the City Attorney to retain Shutts & Bowen, specifically Sidney
Calloway, to handle all litigation for City of Sunny Isles Beach vs. 18100 Collins A venue
Shopping Center, Inc. Attached is a copy of the approving resolution to assist you in processing
this item.
Thank you.
:pw
Attachment
cc: Anice Paul, Administrative Assistant to Finance Director
Shutts & Bowen (Sidney Calloway) Retainmem Memo
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
] 8070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin. Commissioner
Gerry Goodman, Commissioner
nanny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable City CommiSSn1 ~
Hans Otlinot, City AtlOrneY&f!V
April 19, 2007
Resolution Authorizing the City Attorney to Retain the Services of Shutts &
Bowen, LLP And Specifically, Sidney Calloway As Outside Counsel
RECOMMENDA TION:
It is recommended that the City Commission approve the attached Resolution.
REASONS:
I have determined that the City is in need of hiring an additional counsel to represent the City in
the eminent domain matter: City of Sunny Isles Beach v. 18100 Collins Avenue, Case No.: 04-
12891 CA 10. As such, I have retained Sidney Calloway Esq., a partner with the law firm of
Shutts & Bowen, LLP. He is an accomplished eminent domain litigator, who has represented
public and private entities in various eminent domain cases. These clients include the Florida
Department of Transportation.
The case is set for trial on May 7, 2007. Please note that Mr. Norman Malinski has advised me
that he has no interest in serving as co-counsel in the case. This case is beginning to take an
inordinate amount of time and in order to provide the most efficient and effective representation
to the City, considering our already voluminous workload, I am recommending the retention of
Mr. Calloway, who is highly qualified to represent the City in the aforementioned matter.
Moreover, he has agreed to provide these services at the discounted rate of two hundred fifty
dollars ($250.00) an hour. Mr. Calloway's regular rate is $375.00 an hour.
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I Attachment
Agenda Item i 0 F>
Date 1:19 - 07