HomeMy WebLinkAboutReso 2007-1157
RESOLUTION NO. 2007-~1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING THE AGREEMENT TO
RETAIN THE SERVICES OF THE LAW FIRM OF COFFEY
BURLINGTON AND SPECIFICALLY KENDAL COFFEY, ESQ. AS CO-
COUNSEL, TO HANDLE ALL APPELLATE LITIGATION MATTERS
ARISING FROM THE LITIGATION RELATING TO PUBLIX'S SITE
PLAN 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 Publix litigation has generated two related appeals; first, in the
Appellate Division of the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade
County in the case styled Publix Supermarkets, Inc. v. City of Sunny Isles Beach, Case No. 07-
362 AP 10, and second, in the Third District Court of Appeal for the State of Florida, in the case
styled City of Sunny Isles Beach v. Publix Supermarkets, Inc., Case No. 3D07-1895; and
WHEREAS, Kendal Coffey, Esq. is a highly qualified appellate attorney to represent
the City in appellate matters involving the Publix Supermarkets, Inc v. City of Sunny Isles Beach
lawsuit; and
WHEREAS, the City Attorney desires to enter into an agreement to retain the services of
Kendal Coffey, Esq., attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves the appointment
of Kendal Coffey of the Law Firm of Coffey Burlington 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 20111 day of September 2007.
Authorizing The Agreement With Coffey Burlington Page 1 of 2
~~
Jane A.ines, CMC, City Clerk
S TO FORM
FFICIENCY:
Moved by: Co ~ &.<e.. '2...IN
Seconded by: V I U YY\ ~,( -r \-t kL ~_
Vote: 1..\-0- \
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias - k'bs~
V(Y es)
0Yes)
L./(Yes)
l/'{Yes)
(Yes)
_(No)
_(No)
(No)
_(No)
_(No)
Authorizing The Agreement With Coffey Burlington Page 2 of 2
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlog
City Manager
Hans Ottinal
City Attorney
Jo ne A. Hines
City Clerk
July 2,2007
Via Fax & US Mail
Kendall Coffey, Esquire
2699 S. Bayshore Dr. Ph
Miami, FL. 33] 33
Re: Publix Supermarket. Inc. v. Citv of Sunny Isles Beach
Case No:07 01659 CA 15
Dear Kendall:
This is to confirm that you have agreed to represent the City in an appeal of the above
referenced case. The City has agreed to pay you a fee of two hundred fifty dollars ($250.00)
an hour, plus reasonable expenses related to the representation.
It is noted that your agreement to represent the City is contingent on the resolution of a
potential conflict with Michael Dezer. As discussed, I certainly believe that Mr. Dezer
would waive any conflict in this matter if the need arises. In the meantime, we will forward
copies of the pleadings to you.
I look forward to working with you.
SiJJCJr~J~
~ I,'
.~
,/ Hans Ottinot
City Attorney
cc: . Fernando Amuchastegui, Assistant City Attorney
,- 'Jasmine Barnes, Exec. Admin. Assistant to City Attorney
Exhibit "A"
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5 107 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 Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Hans Ottinot, City Attorney
Priscilla Walker, CMC, Deputy City Clerk V~
September 25,2007
Ratification of Professional Services Agreement with Kendal Coffey, Esq.
At its regular meeting of September 20, 2007, the City Commission adopted Resolution No.
2007-1157, which ratified an agreement with Coffey Burlington, specifically Kendal Coffey,
Esq., for professional services for Publix Supermarkets, Inc. vs. City of Sunny Isles Beach.
Attached is a copy of the approving legislation for your files.
Thank you.
/pw
cc: Anice Paul, Finance Department Administrative Assistant
Kendall Coffey Hourly Agrmt Approval Memo