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Home My WebLink AboutR-2001-010 White & Case to provide legal services RESOLUTION NO. 2001-010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF WHITE & CASE AS SPECIAL CITY ATTORNEYS, TO PROVIDE LEGAL SERVICES TO THE CITY IN CONNECTION WITH AN ENVIRONMENTAL IMPACT STATEMENT("E.I.S.") EXPECTED TO BE ISSUED IN CONNECTION WITH RUNWAY IMPROVEMENTS PROPOSED TO BE LOCATED AT THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the law firm of White&Case is appointed by the Dania Beach City Commission to serve as Special City Attorneys to the City in connection with an Environmental Impact Statement("E.I.S.") expected to be issued in connection with runway improvements proposed to be located at the Fort Lauderdale-Hollywood International Airport and for such other related matters as may be authorized by the City Commission with the following conditions: 1) The law firm of White & Case, as Special City Attorneys, will conduct a preliminary review of the EIS report; 2) The law firm of White&Case, as Special City Attorneys,will provide the City • with cost information on the EIS review process and on what is anticipated to be involved with the legal process at the February 271h City Commission Meeting; 3) The City agrees to pay the law firm of White & Case, as Special City Attorneys, the costs associated with their review between now and the February 27'h meeting; 4) The City is not under no obligation to go further with the law firm of White & Case, as Special City Attorneys, if they decide not to; 5) The initial legal documentation of the analysis will remain in the possession of the City if another law firm is selected; 6) City Manager Smith will invite Jay Field, Chairman of the Airport Advisory Board, to sit in on all discussions and meetings with the law firm of White & Case, as Special City Attorneys, relating to the ESI process. Section 2. That the range of attorney fees specified in the letter dated January 26, 2001, sent by Mr. Douglas Halsey on behalf of the law firm, is acceptable and both services rendered and fees and costs incurred shall be monitored, reviewed and approved by the City Manager and the City Attorney. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2001-010 Section 4. That this resolution shall be in force and take effect upon adoption. • PASSED AND ADOPTED ON THIS 6T" •D Y F EBRU RY,_2001. M OR - C 61 V IONER ATTEST: ROLL CALL: MAYOR McELYEA - YES 5 VICE-MAYOR BERTINO-YES SHERYl_ HAPMAN COMMISSIONER ETLING -YES ACTING CITY CLERK COMMISSIONER CALI - NO COMMISSIONER MIKES- YES APPROVED AS FO AND CORRECTNESS: BY: I -\ THO AS J. ANSB O CITY ATTORNEY • 2 RESOLUTION NO. 2001-010 JAN-31-2001 WED 02:25 PM WEISS SEROTA HELFMAN FAX NO, 954 764 7770 P. 02 SFa%T tIY=WHITF. & CASP' 1.1,P MIAMI : 1-26- .1 ; 6:03PM : WHITE & CASE 1-11 9_54 764 7770; P�l 2. L09 ANO A 04 ATY MIaMi WHITF- & CA5E- ANKARA NIW YOR! • IIM II IYCD UASILITY PATN[R6MIp 6A NOKOiI W ASPALO ALTO s OM6A'I HINOTPH,O,G, µANpl ,FIRST UNIQN FINANCIAL CENTER HU OHI MINK GITY ZOO SOUTH 013CAYNE gQULrLVAk0 HONK?JAKAT4 KONG r LWLiH RTA 3HAN0MAI rJIATIRLAYII MIAMI, FI_QRIDA 33I31-P33� rlHOAroR¢ YInUa]ELCBUDAP TOKYO D?tE*Q EN:T TiELEPHome; (I. 305) .37I.7700 IICbO ♦ D097ELOO1VF FI'lCSIM)L.F: (I`w`'1061 3lS 11 2.°7R�1 6AM RAiH FRANkFU01 pIAMr URa JEDDAM HE LHINKI niYAnN I ArANSUL LONOON Moscow MCKICO CItT PAn15 &An t1AU�v PRAOV I; Dkftt DI4I:( 9 T o C K H O L H 6-m*A:dh*Ay httiiIYY.=rI WARSAW JONANHrSPURO January 26,2001 'Q&FAQ1M_ME AND IL MAI4 Mr. Thomas J.Ansbro Weiss, Serota, Helf nan, Pastoriza&ourAC3 1132 S.E 2nd Avenue Ft. Lauderdale, Florida 33316 Dear Tom: As I mentioned to you on the phone the other day, my standard hourly rate for Miami-based clients is $375.00 an hour. For local government clients, I am authorized to offer a' discounted rate of$325.00, which is the rate I currently charge other South Florida municipalities and county government departments, Rates for other lawyers who would be working on this matter range from$180.00 an hour to $315.00 an hour. Large scale projects which are expected to have a significant impact, on the human and natural environment often affect numerous interests, which are frequently aligned in opposition to a particular project. In many cases we havc found the representation of multiple clients with similar interests in opposition to a project to be far more cost-effective than separate representation of individual entities, If the City of Danin is interested in engaging the Services of White&Case LLP,please let me know. Si rely, Dnu I � Halseyy DMH:dem mirnlnuau•I�54�AII,dpc) JHN-�l-ZUUI WLU ll :U3 Aft WEISS SEROTA HELFMAN FAX N0, 954 764 7770 P. 04 • CITY OF DANIA BEACH MEMORANDUM VIA F.-1VAII, TO: JAY FIELD, Chairperson, Dania Beach Airport Advisory Committee FROM: TIIOMAS ANSBRO, City Attorney DATE: January 24, 2001 RE: AIRPORT E.I.S. Jay, pursuant to direction from the City Commission at its meeting last night. (January 23, 2001), 1 contacted Assistant Broward County Attorney Barbara Hill, who informed me that it is anticipated that the draft C.I.S. report will be mailed out the first week of Fcbruaty; that the City w-ilI be receiving one of the one hundred twenty copies that are being mailed out and that accompanying it will be a notice of the upcoming F.A.A, hearing, to be held on March 21, 2001, both time and location to be determined. You were correct, that it had been scheduled for March 14, but it was moved when the F,A.A. was alerted by the County that scheduling on Tuesdays, which is the common meeting day fora number of various Broward city governing bodies, would likely cause conflicts. It is anticipated that first hour of the particular meeting will be a workshop, to be followed by a public hearing. In July, 2000 pursuant to your "e-mail" request, I believe I furnished you copies of qualifications of the Miami branch of the law firm known as White & Case, pertaining to the City enlisting the services of Mr, Doug Halsey, Mr. Joseph Richards and \2r. Paul Milmcd (who is associated with the New York office of the law firm). If you need copies of their qualifications (in case I did not furnish them to you last summer), please contact me and I will forward them. Please provide me with a mailing address or i f you prefer, it call be sent to City Hall where you can retrieve the copies. Mr. Steve Helfn,an of my office will be the lead attorney from my firm, who will coordinate with the White & Case attorneys to ensure that the City and its citizenry are fully and adequately protected. At this point however, I am awaiting information relative to the cost of White & Case providing their legal services, especially in light of the Commission's decision last night to retain counsel to solely represent the City, rather than share the cost with any other cities. At the present time, I have calenclared the expected date of receipt of the draft E.I.S.(to be received by Dania Beach at City )`Tall) as of February 7; if it is not received by that day, I intend to contact Barbara Hill to follow up. If you have any thoughts or suggestions in the meantime, please feel free to share them with me. cc: Mr. Mike Smith, City Manager (via e-mail) JHN-J1-000I WED 11 :U4 AM WEISS SEROTA HELFMAN FAX N0, 954 764 7770 P. 05 I'ROM WHITE &. / i_ L.LP (VHU) %. 20' 00 16:521G;40/N0. 48G210G;50 p y UNITED STATES LOS ANpCLfL W H ITE & CAS E ASIA .MIAMI LIMITED LIABILITr PARTNER9HIP ALMATY NEWYORK ANKwRw PALp Al TD BANGKOK WAy NINGro N, D C. FIRST UNION FINANCIAL CP14TER VOMBAY HANOI EUROPr 200 SOUTH BISCAYNE BOULEVARD NOC.41 No.HCITY C RATI5 LAVA HpNC KOMC aRU55EL; MIAM1, FLORIDA 33 1 a 1-2352 JAKARTA EIIIUAPEST SINGAPORE F ELSI UR7 TELEp►igNC: (I--305) 371- TOKYO tICLSINKI �7QQ ISTANRUI FACSIMILE: (1 -305) 35a-b'j44 I.pYUcN I-EISCOW 1'IIDAE.E EAST F'AR15 DIRFCT DIAL: (305) 9p5.52g0 9ANRAIN PRAGUE )EDOAH 9YPCKHO:M IIJYADN WARSAW AFRfCA LATIN AMFRICA J DHANNESB URC MCX'CC CITY SSG PAULp July 20, 2000 VIA FACSR4Tf.E AND U.S; MAiL Mr. Thomas J. Ansbro Weiss, Serota, Ilelfman, Pastoriza& Guedes 1132 S,F,. 2" Avenue Ft. Lauderdale, Florida 33316 • Re: Request for Qualifications Dear Mr. Ansbro: We are pleased to present information on our qualifications 1'or envirolun exit al legal representation regarding expansion of the Ft. Lauderdale Airport and the associated Invironrnental Impact Statement ("EIS")- The Miami office of White & Case has six lawyers with over 90 years combined experience practicing environmental law in Florida. Our extensive experience in representing regulated entities as well as local governments and community associations has given us a thorough understanding of Florida's unique regulatory environrtlent including the application of federal laws, including the National Environmental Policy Act CNEPA"), to projects within Florida. NEPA requires federal agencies to perform an environmental assessment ("EA") of the impact of their actions and adopt measures to minimize the adverse effects of their actions on the environment. If the irLitial EA shows that the project will significantly impact the human environment, then an EIS must be prepared outlining the environmental effects of the proposed action. During the EIS process, federal agencies must consider all available means of minimizing the harmful environmental effects of their actions, quantify the extent of environmental harms and weigh the costs and benefits of alternative courses of action as well as consider less environmentally harmful alternatives for carrying out its primary mission. NEPA does not prohibit, however, a federal agency from engaging in environmentally damaging activities, ►HN-�l-iUUI WED 11 :04 AM WEISS SEROTA HELFMAN FAX NO. 954 764 7770 P. 06 FT"tOM }titil r:•: & 0P,3E LL (THU) 7. 20' 00 iG: %/7f.' 16;48/N4. 4662406950 P 3 WHITE CASE LIMIT d:A l_14HI:.ITY NAi7TN F.iihMiP Mr, Thomas J. Ansbro . Page 2 provided that it has considered other means of accomplishing its primary goal and has weighed the costs and benefits of each potential alternative. The sufficiency of an EIS, therefore, is commonly open to scrutiny, Recently, we represented a community association in Lhe review and critique of a draft EIS regarding the redevelopment of the 14ornesteacI Air Base into a commercial airport. As is usually the concern with airport projects, our analysis focused on the likely noise impacts to our Client's community. Additionally, we participated in the NEPA process for the north runway expansion of Miami International Airport. We have also litigated NEPA issues in Florida and elsewhere A member of our environmental practice group in New York, as an Assistant U.S. Attorney, successfully defended EIS's prepared by the U.S. Military. We therefore have unique expertise in analyzing, and if need be, challenging the sufficiency of an EIS. We also have reviewed and commented upon numerous EIS's for proposed changes to the Central and .;outhcrn Florida Flood Control Project. Attached hereto are brief resumes of three of our rnvirolimental Practice group members who have extensive experience with NEI'A. If you have any questions comments or require further detail on our qualifications, please do not hesitate to contact us. Sincerely, Jos . Richards JDR:tcm Enclosures • orm o i cuu) wr,u 1 ! U4 tiff wr.1 bb br.KUi H HELhMAN FAX NO, 954 764 7770 P. 07 FROM V1111TE yc CA1F._ LLF Crl')U) 7, 20' 00 4SG1Q06950 ? n +� • Douglas M. Halsey Partner, Miami Office, White & Casa LLP Practice Experience Mr, Halsey's practice covers aft aspects of environmental law including litigation, transactional advice, and regulatory matters before governmental agencies, Turing the last twenty years, Mr. Halsey has tried numerous environmental cases in state and federal court with a special emphasis on cost recovery claims and land use dis- putes. Ile has represented manufacturers, developers,property owners and operators in enforcement actions brought by EPA, the Florida Department of Environmental Protection and local government agencies under CERCI,A,RCRA,and parallel state and local government regulatory schemes. Mr, ifalsey frequently appears before environmental agencies on regulatory and pennilling matters for industrial and developer clients, including the nation's largest solid waste company. He has coordinated wetlands permitting,endangered specics and complex land use matters in highly regulated development areas throughout the State of Florida. In addition, he regularly advises corporate clients and financial in- stitutions on environmental risks associated with business transactions. For major national investment banking firms Mr. Halsey has coordinated the environmental due • diligence on real estate portfolios in excess of$1 billiori and provided advice re- garding;environmental risks in the securitization of such portfolios. Primarily knowtt for his representation of corporate clientele and industry in litiga- tion and sophisticated business transactions, Mr. Halsey has also been engaged by local governments to assist in developing strategies for cost-effective response ac- tions and cost recovery litigation at polluted public facilities. Mr. Ifalsey has experience with all major federal environmentat taws, including CERCLA, RCRA, CWA, CAA,TSCA, FIFRA and NFPA. He is the former chair- man of the Environmental and Land Use Law Section of the Norida Bar and he has lectured opt a wide range of environmental law topics for the American Bar Associa- tion, the Florida Bar Association, the Florida Chamber of Commerce, and numerous other continuing legal education organizations. Prior to joining White &Case in 2000,Mr. Halsey was tine faundet and managing partner of an environmental law firm in Miami. Bars and Courts The Florida Bar [United States Dktrict Court for the Southern District of Florida United States Courts of Appeal for the Fifth and Eleventh Circuits Jruv o t-4�uu l Wt;U 1 1 :U4 Aft WE I SS SEROTA HELFNAN FAX N0, 954 764 7770 P. 08 FRUM WXVIL' 4. CAST. r,r,p ('rI'IU) 7. 20' 00 16:52Ac7_I ;�iFiNO, 1y�240(950 P c Douglas M.Halsay Page 2 Education B.A.; Columbia University, 1976 J,D„cunt laude, University of Miami School of Law, 1979; Research Editor, University of minmi l.mv Review Bar Associations and Memberships Past Chairman and Fxecutive Council Member, Environmental and Land Use Law Section of the Florida Bar Nlcmbcr,American Bar Association Section of Environment, Energy, and Resources Law Fellow,Florida Bar Foundation Member,Alexis de Toequeville Society, United Way of Miami-Dade County Chairman of the Board, Children's Rome Society of Florida Member, Board of Directors, Foster Care Review, Inc. Listed in Leading Florida Attorneys-, Who's li'ho in America and Who',s Who in Amerlcun Lcav • Citizenship United States " ! (_V u t wLt) i t U4 ty1 j Wt;t bb btKU I H HELh MAN FAX NO, 954 764 7770 P. 09 r730d'W141'1'E ?k cP.Sl: t.;,P (rttu) '7. 2C' Gd 16:53�T..1G;�t8/NV. �18t2�OG950 P G ' 1 Joseph 13. Richards Assalciate, Miami Office, White & Case LLP Practice Experience Mr. Richards practices environmental law, representing businesses in regulatory and compliance matters relating to hazardous substances and waste handling, environ- mental permitting and land use matters;property owners in matters relating to the en- virorunental liabilities associated with the ownership and transfer of real property, mangrove perrrdtti ig,landlord tenant environmental disputes and environmental issues in bankruptcy; insurance interests regarding liabilities for hazardous waste contamina- tion; lenders in investigating and evaluating environrrtenW risks in loan transactions; and landowners rcgardiltg land use planting, zoning and natural rctenurce protection, lie iLls extensive experience with Superfund, NEPA, the Clears Water Act, Florida's Environmental Protection Acts,Water Resources laws, Pollutant Discharge Prevention and Removal laws, Public Records Act and Administrative Procedures Act, and water quality, environmental resaurCe pernutting and storage tank regulations. Mt'. Richards has worked on large, natiorWly significant envirownental litigation in- cluding the Everglades water quality lawsuit. He represents clients before.the U.S. Environmental Protection Agency, the Florida Department of Environmental Protec- tion, the South Florida Water Management District, the Division of Administrative • Hearings and Dadc County's Department of Environmental R"ourccs Management. Bars and Courts rIhe Florida Har Unitcd States District Court for the Southern District of Florida Education B.A., Baylor lituvcrsity, 1984 J.D., Universit}•of Florida College of Law, 1987 Bar Associations and Memberships Executive Council, Enviro)umetital and Land Use Law Section of The Florida Bar Atnericzln Bar Association, Section on Natural Resources, EnoW and Environmental Law Policy Advisory Committee, Florida Institute of Phosphate. Research Chairman, City of Miami Historic and Environmental Preservation Hoard Publications and Presentations Ftrvrri,nrr,erztcrl Issues Afade F,asy? Recent Reforms That Facilitate Dead-making, The Florida Newspaper at 5, March 24, 1999 (Author) JHN—Jl-ZUU1 WLU 11 :U4 AM WEISS SEROTA HEYMAN FAX NO. 954 764 7770 P. 10 FiiGbr 'WHITE & CAf>E LLF (TH1J) 7. 20' 00 16:6"/S,T. 16:4H/N0. 4sr,2f106y5-0 F 7 Joseph t)_mdurda Page 2 A%711ironmental Legislation Update: Reforms to Facilitate s-Cleanu Le islativc U - p � � n date and Recent Case Review, Real Property, Probate and Trust Law Section Serni- nar, The Florida Bar, Palm Beach, Florida, July 24, 1998 (Author and Speaker) Does Kyoto Protocol hall Short of the Mark.? New York Law Journal at S4,April 27, 1998 (Co-Author) InvironmentalIssues in Commercial Leasing.' Negotiation, Drafting and Tenant Management, Current Topics in Shopp _Centes iavy International Council of Shopping Centers, 1997(Author) Environmental Liability: Superfund Reforms and Brownfield Initiatives, 1996 iC5C U.S. S!]o�pingCen�er T,aw Conference. The International Council of Shopping Cen- ters, Orlando, Florida, October 26, 1996 (Roundtable Discussion Leader) CA'RCI.A Update, Annual Er!yironM_gnt and Land Use Law Update and Section_Ati_ nual_Mq;Bing. Ilic Florida Bar Seminar,Amelia Island, Florida, August 15-17, 1996 (Author and Speaker) L'?rvirorlmet7tal Focus, call-in television program covering various environmental is- sues including air,water and waste regulation, natural resource protection and con- tamination liability,Dade County Cable TAP and Industry-) nvironmental Association of Florida, Inc., July-December 1996 (HoWProduccr) Minimizing 14osure to Environmental Liability, 1995 1CSC U.S. Shpppin Cxq r haw Conference. The International Council of Shoppilig Centers, Scottsdale,Arizona, ® October 21, 1995 (Roundtable Discussion Leader) ttvironment�I_(�orLlpllance: Self-Exrnination� i irtt4c Release Ret�ortin�. Envi- ronmental and Land Use Law Section Workshop, The Florida Bar, Tampa, Florida, September 18, I995 (Program Chair) Marshalling,*&Disposition of Estate Assets: Environmental Asues in the Abandon- ment and Valuation of Property, Bankruptcy ues_Confronting the_Env_ironmental Tr aci'Tuner. Enviroruncntal and Land Use Law Section Serninar, The Florida Bar, Miami, Florida, January 13, 1995 (Author and Speaker) Environmental Liabilities in Commercial Leasing: Perspectives in Litigation, Drafting and Tenant Management,Florida Bar Jourrial,at 64,January 1995 (Co-Author) Securing Irrnancing in an Uncertain J;nvironment, Post-Kelley Jitters, Florida Real Estate Journal,No. 19 at 3, October 1-15, 1994 (Co-Author) Shielding the Commercial Landlord from Environmental Liabdiry: Issues in Nego- tiotion and Tenant Management, Environmental and Land Use Law Section Reporter (l-lorida Bar)No, 6 at 2, July 1994 (Co-Author) Citizenship 11nited Suites JAN-31-2001 WED 11 :05 AM WEISS SEROTA HELFMAN FAX NO. 954 764 7770 P. 12 "'ROM VV'.I1'rc: I,, CA",F, L,.,F ('1'F!U) %. 20' 00 16:54/8T. .16:48/NO. 4362QOb950 i 9 Prul K.Milmed Page 2 i partment of Justice awarded Mr. Milmed a Special Commendation for Outstanding Service. Prior to his government service, Mr.Milmed served ajudicial clerkship and was in Estivate practice. Bars and Courts New York State Bar, admitted 1976 New Jersey State Bar, admitted 1975 United States Court of Appeals Ior the Second Circuit e U.S_ District Coutis for the Southern and Eastern Districts of New York and the District of New Jersey Education A.B., Amherst College, 1966 M.Sc., London School of Economics and Political Science, University of London, 1968 Fd.M., Harvard University, 1969 J.D., New York University Scitoot of L,aw, 1975, Research Editor,N Y.U. Rerreiy of Low and Social Change Bar Associations and Memberships American Bar Association, Member, Section of Litigation and Section of Nitural Resources, Energy and Environmental Law Association of the Bar of the City of New York Fordharn Environmental Law Journal,Member, Editorial Advisory Hoard Trustee,The Town School, New York City Citizenship United States f Weiss Sergta Helfma" Pastorizaj& Guedes PAz L x M s tc;M 0 To: Mayor and,City Commissioners Mike Smith, City Manager Jay Field, Chairperson, Dania Beach Airport Advisory Committee From: Tom Ansbro, City Attorney Date: January 29, 2001 Re: Representation of City in Connection With Ft. Lauderdale/Hollywood International Airport Environmental Impact Statement (E.LS.) Review • As a result of direction given by the City Commission at the January 23, 2001 regular meeting, attached you will find copies of "e-mail" correspondence I sent to the City Manager and to Mr. Field, reporting the status of the draft Environmental Impact Statement ("EIS") which is expected to be sent to the City and other recipients by the end of the first week of February. My report also mentioned that the FAA hearing is expected to be held on March 21, 2001 (instead of March 13`' or 14', 2001, as it was originally scheduled). This information is based upon my telephone call with Assistant Broward County Attorney (Aviation Department) Barbara Hill the day after the Commission meeting. The Commission also requested a report as to the anticipated cost of representation of the City in connection with the EIS. Attached you will find a copy of a July 20, 2000 letter sent to me by Joseph Richards, an attorney with the White & Case law firm, which outlined the firm's familiarity with the particular type of environmental work at issue, as well as copies of biographical sketches of three attorneys in the firm who would be available to assist the City. In addition, a copy of a January 26, 2001 letter sent to me by Mr. Douglas Halsey, reporting the anticipated hourly rates for such representation, is also enclosed. At this time, it is anticipated that Nancy Stroud of my office will be the primary contact attorney in my firm who would, in turn, request the assistance of the White & Case lawyers when their expertise would be needed. As the Commission discussed, no "client" other than the City is to be represented with respect to the E.I.S. services of special counsel and, therefore, I intend to monitor the costs associated with special counsel services so that only those services are sought when it is necessary to do so. • Page 2 of 2 At this point, Commission direction is requested. If the White & Case law firm and the designated attorneys are acceptable, the Commission may adopt a resolution regarding the employment of such firm, as is authorized by the City Charter (Part III, Article V, Section 3, entitled "Assistant City Attorney and Special City Attorneys"). Attachments