HomeMy WebLinkAboutFishback - Dominick, Attorneys and Counselors at Law1M-111ru I la INN
ESTABLISHED 1935
ATT(ARNEYS _ NI) COUNSELORS AT LA11-
I FeeiRated far-H[ghest Reuel 2023
of P�t�fessional Excellence
Response to Request for Letters of Interest
Prepared for:
City of Ocoee
1 North Bluford Ave.
Ocoee, FL 34761
RLI #23-007—City Attorney Services
Date of Response: June 26, 2023
Richard S. Geller, Esquire
A. Kurt Ardaman, Esquire
Dan Langley, Esquire
FISHBACK DOMINICK, LLP
1947 Lee Road
Winter Park, FL 32789
Phone: (407) 262-8400
Fax: (407) 262-8402
rgeller@fishbacklaw com
Page 2 of 54
Title Page/Table of Contents/Transmittal Letter ................................. TAB 1
Experience of Our Firm................................................................ TAB 2
Experience of Our Attorneys.......................................................... TAB 3
FeeProposal.............................................................................. TAB 4
Conflicts of Interest and Miscellaneous .............................................. TAB 5
Additional References.................................................................... TAB 6
09
Page 3 of 54
EUMMMUMM
1947 LEE ROAD
WINTER PARK, FLORID 32789-1834
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June 26, 2023
VIA OCOEE.BONFIREHUB.COM
Mayor Rusty Johnson
Commissioner Rosemary Wilsen
Commissioner Scott Kennedy
Commissioner Richard Firstner
Commissioner Ages Hart
Ocoee City Hall
I North Bluford Avenue
Ocoee, Florida 34761
RE: RLI 23-007 — City Attorney Services
Dear Mayor Johnson and Commissioners:
FAX '4371 2E2-sdC2
'h 61'X, F 15 F E A.0 K L AY+, C 0110
' FLORIDA EAR IECA kD CEFTIIF ED 'N
CITY. COUNT-O AINC _0CF_ G0'VFRNMENT
Fishback Dominick is pleased to submit our proposal to serve as City Attorney in response
to your Request for Letters of Interest. One of Central Florida's oldest law firms, Fishback
Dominick has provided the highest quality legal services since 1935. Martindale -Hubbell rates our
firm, and all our equity partners, AV -Preeminent —the highest in competency and ethical stand-
ards —based on reviews by other attorneys. Martindale -Hubbell includes Fishback Dominick in
The Bar Register of Preeminent Lawyers, consisting of the nation's most distinguished law fines.
Fishback Dominick offers the City of Ocoee one of the deepest benches of Florida's most
skilled and experienced local government attorneys. Rick Geller will serve as Ocoee's primary
City Attorney. Kurt Ardaman, Dan Langley, Giffin Chumley, Andrew Mai, and other Fishback
Dominick attorneys may attend meetings and represent the City. The firm's attorneys have consid-
erable experience advising City Commissions, Planning and Zoning Boards, Code Enforcement
Boards, Zoning Adjustment Boards, Community Redevelopment Agencies, and other municipal
boards, departments, and committees. The firm is pleased to serve the City of Ocoee as special
counsel, assisting in analyzing election issues and facilitating the Charter Review Commission's
work. Rick, Kurt, Dan, and Giff are all board certified as experts and specialists in City, County,
and Local Government Law by the Florida Bar.
We are most proud of our firm's legacy of longstanding attorney -client relationships. We
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City Commission
City of Ocoee
June 25, 2023
Page 2
have had the privilege of representing Belle Isle for more than a half -century, Winter Garden for a
quarter -century, DeBary for 23 years, Longwood for 13 years, and Winter Park for 8 years. We
offer our cities stability, in-depth knowledge about municipal law, and efficiencies in legal research
and ordinance drafting. We forge strong relationships with our clients and enjoy meeting the myri-
ad challenges of representing cities.
Rick Geller frequently advises City Commissioners and staff as Deputy City Attorney
to municipalities we represent. He sits as Special Magistrate for the City of Cape Canaveral for
code enforcement cases. Rick obtained his J.D., cum laude, from Temple University in Philadelph-
ia, where he served as an associate research editor on the Temple Law Review. For several years,
Rick taught land use law to Master of Planning students at Rollins College.
Kurt Ardaman is past -President of the Florida Municipal Attorneys Association, elected
by our peers across the state. He has 39 years of experience representing local governments and
their boards, property owners, businesses, community associations, and other organizations, han-
dling day-to-day legal matters as well as highly complex transactions, litigation, appeals, and legis-
lative matters.
Dan Langley has vast experience with real estate acquisition, land use, zoning and de-
velopment matters, land use litigation, contracting and procurement, and general and revenue bond
issues.
Giff Chumley, who represents the Volusia County Tax Collector, augments our capa-
bilities in the areas of ad valorem taxes, tax certificates, and tax deeds.
Andrew Mai, Osceola County's County Attorney for a decade, recently joined our firm,
adding to our roster of highly qualified attorneys who can assist the City.
In accordance with the RFI, we are enclosing more detailed information about our finn's
experience, biographies of the attorneys who will perform work for the City, a proposed Fee Sched-
ule (including a courtesy reduction from our current fees), and references from city officials for
whom we have had the pleasure of providing municipal legal services.
We would very much appreciate an interview with the Commission. If selected, we will
uphold the City of Ocoee's Charter and ordinances, and provide counsel to the City in a prompt,
credible, and professional manner. We aim to help the City Commission achieve its goals. As
firm partners, we are authorized to commit Fishback Dominick to this important undertaking.
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Richard S. e11er Kurt Aram n
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4
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FISHBACK 1 DOMINICK
ESTABLISHED 4935
A1"T()I,NE1S ALAI) COUNSELORS AT L_Lw
Firm Rating and Board Certification
The Columbia Law School Law Library, which houses Alaytilidale-Hubbell's archives, in-
formed us that Fishback Dominick has held an AV -Preeminent rating since 1936. Afartilidale-
Hrrbbell rates all equity partners and seven of our attorneys AV -Preeminent. The Bar Register of
Preelviuellt I_a)�,yeis lists our attorneys in the practice areas of Municipal and Zoning Law, Civil Trial
Practice, Commercial Litigation, Eminent Domain, General Practice, and Real Estate.
Four of the firm's partners —Rick Geller, hurt Ardaman, Dan Langley, and Giff Chum -
ley —arc Board Certified by The Florida Bar as experts and specialists in City, County, and Local
Government Law. Board certification requires a rigorous evaluation of legal knowledge, compe-
tency, and professionalism.
A Legacy of LonLrstanding Attorney -Client Relationships
Fishback Dominick has represented local governments for more than 50 years, ever since
our founder, Ben Fishback, began representing the City of Belle Isle. Partner John Bennett suc-
ceeded Nir. Fishback (1972-2013), and Dan Langley has represented the Belle Isle to this day (2017-
present). We have also served as city attorneys for Winter Garden for a quarter century (1992-2000
and 2006-present), DeBary for 23 years (2000-present), Longwood for 13 years (2010-present), and
Winter Park for S years (2015-present). At the request of other city attorneys, we frequently serve
as special counsel, magistrates, and investigators on various matters.
As City Attorneys for municipalities experiencing rapid growth and redevelopment,
we have dealt with a tremendous spectrum of legal issues.
Who We Counsel: We counsel City Commissions, Planning and Zoning Boards, Code
Enforcement Boards, Development Review Committees, Community Redevelopment Agen-
cies, Redistricting Commissions, Charter Review Commissions, City Managers, Department Heads,
City Staff, Mayors, and Commissioners.
CounselinLr Board Members and Commissioners: We counsel Board Members and
Commissioners on Sunshine Law issues, parliamentary procedures, quasi-judicial proceedings,
home rule authority, public records law requirements, voting conflicts, ethical requirements, new
State legislation, and many other local government law topics. We advise Commissions during ex-
ecutive sessions when litigation is pending and in open meetings to best protect and advance the
interests of the public and our local government clients.
5
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Procurement Process: We assist and provide advice and counsel on all aspects of con-
tracting and procurement issues, including bid protests.
Bonds. Notes, and Public Financing: We assist our public clients and bond counsel
with bond and revenue note issuances to facilitate construction of crucial public infrastructure and
amenities. Projects have included construction of new city halls in both Winter Garden and De-
Bary, a new municipal parking garage in Downtown Winter Garden, road construction projects in
Longwood, and Winter Park's new $30 million Public Library and Civic Center.
Transportation Funding: We craft cost -sharing interlocal agreements and advise on mat-
ters affecting funding for transportation and other projects, impact fees, and grant opportunities.
Negotiating Contracts and Settlements: We negotiate extremely complex multi -party
agreements, vendor contracts, and litigation settlements.
Judicial and Administrative Proceedings: We effectively litigate administrative and judi-
cial proceedings involving large and sensitive matters, trials, appeals, and other proceedings involv-
ing public entities.
Real Estate and Land Use Issues: We deal with a multitude of real estate and land use
issues for local governments, including comprehensive plan amendments, land development regu-
lations, rezonings, variances, special exceptions, proceedings under the Florida Land Use and Envi-
ronmental Dispute Resolution Act (Florida Statutes § 70.51), property takings, inverse condemna-
tion, and Bert J. Harris Private Property Rights Act claims. We craft enabling documents and pro-
vide advice and counsel for CRAB and overlay districts.
Land Acquisition: We help our municipal clients acquire needed land and easements for
public projects without having to file formal eminent domain proceedings. When necessary, we
bring and litigate eminent domain lawsuits to trial.
Budget and Financial Matters: We assist our municipal clients with budgetary, ad val-
orem tax, special assessment, impact fee, and utility rate matters.
Ordinance & Resolution Preparation: We craft a broad variety of ordinances and resolu-
tions to protect, advance and serve the best interest of our local government clients and their citi-
zens.
Lake Maintenance. We craft NISTUs and INISBUs to enable those who benefit from liv-
ing on lakes to pay for lake maintenance.
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Litigation: Unless litigation is truly necessary, we endeavor to find ways to protect our mu-
nicipal clients and advance the public interest without lawsuits or administrative proceedings.
However, when litigation is warranted, we are prepared to represent and defend our local govern-
ment clients vigorously. Types of litigation include:
• Construction Litigation: We successfully defend our municipal clients in disputes with
contractors in construction litigation and bring actions when necessary.
• Administrative Proceedings: `V e successfully defend our municipal clients in adminis-
trative proceedings challenging comprehensive plan amendments and land development
regulations.
• Code Enforcement Decisions: We successfully defend our municipal clients in appel-
late challenges to code enforcement decisions.
• Constitutional Challenges: We successfully defend challenges to ordinances on the
basis of the Florida and United States Constitutions.
• Manatee Insurance Counsel: We frequently advise our clients to turn over matters to
insurance counsel to lessen legal fees. We monitor such cases and advise insurance de-
fense attorneys on local government law matters outside of their normal practice areas.
Examples of our Local Government Work
Fishback Dominick advises in implementation, and defends the policies and decisions of
each city's governing commission. The following are several examples of our local government
work:
• On June 21, 2023, an appellate panel of the Orange County Circuit Court affirmed an
Order of the City of Winter Park's Code Compliance Board, appealed by a residential developer
fined for destroying a protected oak tree on a neighbor's property. Rick Geller handled the appeal.
• The firm defeated legal challenges to Winter Park's Orange Avenue Overlay District in
the Orange County Circuit Court.
• The firm defeated legal challenges to the location of the City of Winter Park's new Public
Library and Civic Center in Martin Luther hing, Jr. Park. The Orange County Circuit Court reject-
ed arguments by opponents against the park location in two separate proceedings. One lawsuit
brought by Fishback with bond counsel validated a $30 million bond offering for the project ap-
proved by voters. The Final Judgment confirmed the City Commission's selection of the park site.
In the other litigation, a panel of three appellate judges dismissed a suit to enforce an initiative by
an organized citizens group to prohibit construction in the park.
7
Page 8 of 54
• Fishback Dominick represented the City of Winter Garden in negotiating an interlocal
agreement with Orange County to widen C.R. 535, a principal arterial highway in NWest Orange
County.
• Fishback Dominick wrote a new Downtown Winter Garden Outdoor Dining Ordinance,
facilitated construction of a new Downtown parking garage and shared parking standards for
downtown businesses, and drafted the City's Downtown Historic District Ordinance. Over a quar-
ter century, Fishback has crafted the legal framework to help to facilitate Downtown Winter Gar-
den's renaissance as a desirable, economically thriving destination.
• Fishback Dominick defeated a Federal lawsuit against the City of Winter Garden chal-
lenging election results.
• Fishback Dominick defeated a challenge to the Ciry of Winter Park's off-street parking
requirements that alleged violations of the Americans with Disabilities Act.
• Fishback Dominick defeated a challenge to the City of Winter Park's tree ordinance in
the Orange County Circuit Court by an aggrieved citizen who was found to have violated the ordi-
nance by the City's Code Compliance Board.
• Fishback Dominick prepared new lobbying disclosure standards for a special district.
Pro Bono Service: Several years ago, the Florida Supreme Court awarded Fishback
Dominick the Chief Justice's Law Firm Commendation for Pro Bobo Service for the Firm's out-
standing services to the underprivileged. In 2015, the Florida Supreme Court conferred the
same award on our partner, Eric Jontz. Chuck Stepter, now of -counsel to the firm, is Past Presi-
dent and Trustee of the Legal Aid Society of Orange County.
Lobbying Registration: Rick Geller, ILurt Ardaman, Andrew Mai, Eric Jontz, Michael
Tempkins, and Dan Langley are registered to lobby Orange County Commissioners for the firm's
municipal and private clients. Lobbying has involved land use issues and road restrictions.
Professional Liability Insurance: Fishback Dominick carries $7 million in professional
liability insurance. Our office manager advises that no one has made a claim in at least two dec-
ades. The firm also carries $2 million in insurance for cyber theft.
ud menu and Lawsuits
No one has brought a lawsuit or obtained a judgment against any attorney who would rep-
resent the City.
8
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Governmental Clients and References
Fishback Dominick provides city attorney/general counsel services to the following governmental
clients, presently and within the last five years. The City and District Managers can attest to the
quality of legal services provided by the firm.
City of Belle Isle
Bob Francis, former City Manager (2017-2023)
rfrancis@wallawallawa.gov
(509) 524-4345
Central Florida Tourist Oversight District
Glenton Gilzean, Jr., District Manager
(407) 828-3548
City of DeBary
Carmen Rosamonda, City Manager
cro samonda@debary. org
(386) 668-2040
City of Longwood
Clint Gioielli, Cliy Manager
cgioielll@lonpvood.org
(407) 260-3445
City of Sebastian
Paul E. Carlisle, City Manager
pcarlisle@citvofsebastian.org
(772) 388-8203
City of Winter Garden
John `Williams, City Manager
j-,,villiams@cwgdn.com
(407) 407-656-4111
City of Winter Park
Randy Knight, City Manager
rknight@cityoftvinterpark.org
(407) 599-3235
In addition, hurt Ardaman and Rick Geller have provided special counsel services to the City of
Ocoee.
Page 10 of 54
RICHARD S. GELLER / Equity Partner
E: rgeller@fishbacklaw.com
P: (407) 262-8400 Q�cl
Areas of Practice
Local Government Laws
Land Use and Development
Civil Trials and Appeals,, _®
An attorney for more than 30 years, Rick Geller is a tireless advocate for his clients' interests,
and often comes to the table with creative solutions to legal challenges. Afar-indale-Hlrhhell rates Rick
AV -Preeminent, its highest rating in legal ability and ethics based on reviews from other attorneys.
Board certified by the Florida Bar in City, County, and Local Government Law, Rick serves
as Deputy City Attorney to Winter Park, Winter Garden, DeBary, and Belle Isle. He frequently sits
with City Commissions and Councils, Planning and Zoning Boards, Code Enforcement Boards,
Boards of Zoning Adjustment, and Election Canvassing Boards. In 2023, the City of Ocoee retained
Rick as facilitator for its Charter Review Commission. He also served as special counsel to the City
of Groveland in the development of their cutting -edge, form -based zoning code, which aims to revi-
talize their downtown. Rick advises on parliamentary procedure, quasi-judicial procedures and due
process, the Florida Sunshine Act, public records laws, comprehensive planning and zoning, and eth-
ics compliance for public officers. He drafts resolutions and ordinances, code enforcement orders,
and reviews proposed public contracts for compliance with Florida law.
Once a month, Rick sits as Special Magistrate for the City of Cape Canaveral, adjudicating
code enforcement proceedings and, in contested matters, prepares judicial opinions intended to be
bulletproof on appeal.
Rick has a perspective not shared by many other city- attorneys —more than 30 years' experi-
ence as a civil trial attorney in Federal and State courts. In the area of municipal and local govern-
ment law, Rick has handled court and quasi-judicial proceedings involving construction defects and
delays, cell tower denials, code enforcement appeals, competitive bid challenges, public contracts,
ADA claims, billboard location denials, and land use and zoning entitlements. Rick's local govern-
ment experience goes back 25 years, when he began representing housing authorities.
An Orange County Planning and Zoning Board Commissioner (2008-2012), Rick adjudicated
countless comprehensive plan and zoning applications. He helped to amend the County's Horizon
West Code to improve aesthetics and walkability. As counsel to the City of Winter Garden, he
helped craft the city's Downtown Historic Code, contributing the downtown's revitalization. From
9
Page 11 of 54
RICHARD S. GELLER (colimilled)
2011-14, Rick taught land use law and urban zoning codes as an adjunct professor in Rollins Col-
lege's Master of Planning program.
Rick is a recreational cyclist, runner, and swimmer. He is vice -chair of Bike/Walk Central
Florida and past -chair of the Florida chapter of the Congress for the New Urbanism, the country's
most innovative and influential organization dedicated to revitalizing and creating great urban cities,
towns, and neighborhoods. A champion of pedestrian and bicyclist safety, Rick has written exten-
sively on the subjects of safe road design and walkable neighborhood schools. His articles have ap-
peared in the Orlalido Sentinel, the Florida State University Law School's Jorrrilnl of'Lalid Use alid Eliz)i-
rorrrrlerrtal Lair, and PJzhlic .Square, the national publication of the Congress for the New Urbanism.
PROFESSIONAL ACTIVITIES
Special Magistrate, City of Cape Canaveral (2020 - present)
Deputy City Attorney, City= of Winter Garden (2008 - present)
Deputy City Attorney, City of DeBary (2008 - present)
Deputy City Attorney, City of Winter Park (2015 - present)
Deputy City Attorney, City of Belle Isle (2008 - 2013 and 2017 - present)
Adjunct Professor, teaching Land Use Law and leading independent studies in sustainability,
Rollins College (Master of Planning in Civic Urbanism program), Winter Park, Florida
(2011 — 2015).
Judicial intern to the late Honorable Judge Stanley Brotman, U.S. District Court for the
District of New Jersey (1991-1992).
Judicial intern to the Late Honorable Judge Carl B. Rubin, U.S. District Court for the
Southern District of Ohio (1991).
RATINGS AND LISTINGS
Board Certified in City, County and Local Government Law
AV -Preeminent rated by Alartirrrinle-Hubbell (2008-present)
Illartilidale-HIlbbell Peer Review: 5.0/5.0 (highest rating)
Orlcrrrclo Hole & Leisure's `Orlando's Top Lawyers" (2008-present).
PROFESSIONAL ASSOCIATIONS
Florida Bar Association (City, County and Local Government Law section)
Orange County Bar Association
Florida Municipal Attorneys Association
Page 12 of 54
RICHARD S. GELLER (corrlinlled)
LEGAL AND OTHER PUBLICATIONS
"The Legality- of Form -Based Zoning Codes," 26 jorrrrral of'Lnncl Use & Elm'tolrlJrelrtal
Lnrr (Florida State University College of Law), Number 1 (Fall 2010).
"Civil Procedure —Expanding the Minimum Contacts Doctrine," 64 Temple Lanr Rerrerr
1025 (1991).
"Roundabouts: A tool for Placemaking," PublicSquare (with Ken Sides, P.E.), available
at: https://www.cnu.org/publicsquare/2018/04/19/urban-roundabouts-tool-
placemaking.
"The Front Burner: For Greater Safety, design roads to fit environment," Orlando Senti-
nel Quly 26, 2013), available at: https://bikewalkcentralflorida.org/bikewalk-central-fl-
responds-to-sentinel-series/.
"Let's bring European style to Central Florida's roads," Orlando Serrtirrel (June 23, 2009).
"Code fixes could salvage hope for Horizon `Vest," Orlando Sentinel (April 23, 2009),
REPRESENTATIVE SPEAKING ENGAGEMENTS
Speaker, American Planning Association, Orlando Chapter, "The Live Local Act `Vebi-
nar on Affordable Housing" (forthcoming on July 26, 2023).
Speaker, "Walkable Thoroughfares: Incorporating an ITE Recommended Practice in
FDOT Standards," at the Florida Statewide Conference of the Institute of Transporta-
tion Engineers, Naples, Florida, (June 2011).
Speaker, "Complete Streets: How do we convince the Florida Legislature?" Florida
Chapter, Congress for the New Urbanism, Seaside, Florida Qan. 2011).
COMMUNITY ACTIVITIES
CNU Florida, Statewide Chair (2018-2023)
Bike/Valk Central Florida, Vice Chair (2018-2023) and Board Member (2013-
2023)
Winter Park Health Foundation, Healthy Communities `York Group (2013-2017)
District 1 Commissioner, Orange County Planning & Zoning Board (2009-2012)
IN
Page 13 of 54
A. KURT ARDAMAN / Equity Partner
E: ardaman(:,,�fishbacklaw.com
P: (407) 262-8400 t,.,,, , hi<`1 iuhh ll
Areas of Practice
Local Government Law
Land Use and Development s Rj q
Real Estate Law 1� `
Eminent Domain and Inverse Condemnation
hurt Ardaman relishes challenges, particularly when confronted with problems others could
not solve. A determined and creative legal practitioner, lair. Ardaman is a persistent advocate for his
clients' objectives. He has been a member of the Florida Bar since 1984 and is Board Certified by
the Florida Bar in City, County and Local Government Law since 2009.
Over the course of his 39-year career at Fishback Dominick, hurt has represented local
governments, businesses, landowners, developers, property/homeowner and condominium owner
associations, and others in administrative proceedings, civil litigation, special master hearings, ap-
peals, land use and development projects, eminent domain and inverse condemnation lawsuits, Bert
J. Harris proceedings, public records law disputes, and complex multi -party to simple real estate de-
velopment projects and transactions. His areas of expertise include eminent domain, local govern-
ment, land use and development, and real property.
hurt is past President of the Florida Municipal Attorneys Association — which represents
over 400 municipal attorneys statewide. He is also past chair of the Florida Bar Eminent Domain
Committee. He is a requested speaker on eminent domain, inverse condemnation, land use and de-
velopment, sunshine and public records law, annexation, and other topics.
His leisurely pursuits include reading, bicycling, boating, and, because he loves a good chal-
lenge, mountain climbing.
EDUCATION AND HONORS
University of Florida, Juris Doctor (1984)
University of Florida, Bachelor of Science irrtb bigb boiios (1980)
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Page 14 of 54
A. KURT ARDAMAN (continued)
COURTS OF PRACTICE
All State of Florida Courts (Admitted in 1984)
RATINGS AND LISTINGS
Board Certified in City, County and Local Government Law
AV -Preeminent rated by 1 ai-lilidale-Hubbell
111nitilidale-Hubbell Peer Review: 5.0/5.0 (highest rating)
AVVO: Superb —rated 10 out of 10
Orlando HoIlle & Leisrrr-e's `Top Lawyers" list for multiple years.
MUNICIPAL EXPERIENCE
City Attorney, City of DeBary (2003-present)
City Attorney, City of Winter Garden (1992-2000 and 2006-present)
City Attorney, City of Winter Park (2015-present)
Deputy General Counsel, Central Florida Tourism Oversight District (2023-present)
PROFESSIONAL ACTIVITIES
Florida Municipal Attorneys Association
President (2019-21) and Vice -President (2018-19)
The Florida Bar Association
Chair (2009-2010) and Vice -Chair (2008-09), Florida Bar Eminent Domain
Committee
City, County and Local Government Law section
Orange County Bar Association
Association of Eminent Domain Professionals
Page 15 of 54
DANIEL W. LANGLEY / Equity Partner
E: dlangley�fishbacllaw.com
P: (407) 262-8400
Areas of Practice
Local Government Law
Eminent Domain and Inverse Condemnation
Real Estate and Construction Litigation a
Land Use and Real Estate Development cEli��
Land Use Litigation
Dan Langley gets immense professional satisfaction out of helping clients meet their goals
and providing them with efficient and sound legal guidance in courteous and understandable fash-
ion.
He achieved board certified by the Florida Bar in City, County, and Local Government Law,
and has a broad range of experience representing public sector and private clients in all aspects of
local government law, land use and development, real estate, and eminent domain matters. He also
serves as a city attorney to the firm's municipal clients, as general counsel to condominium and
homeowner's associations, and has served as special counsel to several municipalities. He also repre-
sents individuals, property owners, and businesses before cities and counties on various government
and regulatory issues.
Dan advises elected and appointed public officials and board members on all pertinent legal
issues, including requirements of state laws and municipal codes, quasi-judicial procedures, parlia-
mentary procedures, compliance with Florida's Sunshine Act, Public Records Law, and the Code of
Ethics for Public Officers. He has attended hundreds of municipal board meetings as legal counsel,
advising City Councils/Commissions, Code Enforcement Boards, Planning & Zoning Boards,
Board of Adjustments, Redistricting Commissions, Development Review Committees, Charter Re-
view Committees, Civil Service Boards, and Employee Grievance Adjustment Boards.
Dan has developed an extensive level of expertise in the following type matters:
• Land use litigation, including comprehensive plan consistency challenges, writ of certiorari pro-
ceedings, and administrative challenges to comprehensive plan amendments
• Comprehensive Plan amendments and development order applications, including, re -zonings,
plats, special exceptions, conditional use permits, variances, and development agreements
• Florida Land Use and Environmental Dispute Resolution Act — Section 70.51, F.S. proceedings
• Real estate contracts, acquisitions, transactions, and litigation
15
Page 16 of 54
DANIEL W. LANGLEY (cortialred)
• Eminent domain and inverse condemnation
• Bert J. Harris Act claims
• Public procurement and bid protests
• Public construction contracts and litigation
• Code enforcement proceedings and appeals
• Ordinance, procedure and regulation drafting and interpretation
• Public Records Act and Sunshine Law compliance and litigation
• Public sector general and revenue bonds, loans, grants and equipment leases
• Special assessments, impact fees and user fees
• Contract review, negotiations and drafting, public — private partnerships, interlocal agreements
and mutual aid agreements
• State ethics laws and Commission on Ethics complaints and proceedings
• Condominium and homeowner's association law
MUNICIPAL EXPERIENCE
City Attorney, City of Longwood (2010-present)
City Attorney, City of Belle Isle (2017-present)
Acting General Counsel, Central Florida Tourism Oversight District (March 2023-present)
Deputy City Attorney, City of Winter Park (2015-present)
Assistant City Attorney, City of DeBary (2003-present)
Assistant City Attorney, City of'Winter Garden (2006-present)
EDUCATION
Florida State University, Juris Doctor (with horrors) (2002)
Florida State University, blaster of Business Administration (2002)
Florida State University, Bachelor of Science, c111v laude (1999)
RATINGS AND LISTINGS
AV -Preeminent rated by Marthidale-Hubbell
Selected to SrperLnmyers Florida Rising Stars list (2013-2017).
Selected to Orlalido Houle & Leisure's 'Top Lawyers" list for multiple years.
COURTS OF PRACTICE
All State of Florida Courts (Admitted in 2002)
Federal District Court, Florida Nliddle District
UM
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E: amaiGfishbacklaw.com
P: (407) 262-8400
Areas of Practice
Local Government Law
Appellate Practice
Land Use and Development
Real Property
Practicing law for 22 years, including 13 years as the County Attorney for Osceola County,
Florida and the City Attorney for Sioux City, Iowa, Andrew W. Mai represents cities, counties,
towns, villages and municipal agencies for a wide range of legal matters. For city commissions,
councils and their boards, local planning, code enforcement and boards of adjustments, and public
safety- divisions, he handles simple and complex legal matters related to public private partnerships,
development matters, contracts, bond issues, intergovernmental matters with the federal govern-
ment, state, cities, special districts and Community Development Districts.
Mr. Nlai served as a board member of the Florida Association of County Attorneys and the
Florida Co -Chair and County Chair to the International Municipal Attorneys Association. He has
been a speaker at various association conferences including the International Association of Gov-
ernment Officials on such topics as bond issuance, working with elected officials, development,
and county government, among others. Mr. Mai has taught fire service law and business law as an
adjunct professor.
Mr. Mai attended Georgetown Law Center, William Mitchell College of Law and studied
law for a summer at Heidelberg University in Germany. He has participated in the Autism Society
of Greater Orlando and has saved dozens of puppies and grown dogs through the Husky and
Springer Spaniel Pet Rescue. In his free time, he enjoys writing, biking, travel, and spending time
with his family.
EDUCATION
Georgetown Law Center, William Mitchell College of Law, J.D. (2001)
University of Minnesota, B.A. (1995)
PROFESSIONAL ACTIVITIES
Interim City Attorney, City of Sebastian (2023-present)
Attorney, NVaterset North Community Development District (2021-present)
County Attorney, Osceola County (2011-2021)
Florida Association of County Attorneys
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J. GIFFIN CHUMLEY / Partner
E: giffin.chumleN-@fishbacklaw.com
P: (407) 262-8400
Areas of Practice
Local Government Law
cEaz �
Land Use and Development
Public Procurement
Americans with Disabilities Act
State Taxation
An Assistant County Attorney for eight years in Volusia County, in 2020 Giffin Chumley
returned as a partner to Fishback Dominick, where he started his legal career in 2006. Board certi-
fied by the Florida Bar in City, County, and Local Government Law, Giff has extensive experience
with Florida's Sunshine Act and public records laws, the Americans with Disabilities Act, property
taxes, tax certificates and deeds, public procurement, public transportation, fire and emergency
services, ethics, and contracts (including debarment matters), risk management, and land use and
zoning.
Giff served as Volusia County's principal attorney navigating the Americans with Disabili-
ties Act (ADA). He developed a program to train county employees about their duties and obliga-
tions under the ADA, and consulted on the county's ADA cases in litigation.
Giff also has extensive experience in matters involving tourist and ad valorem taxes, tax
certificates, and tax deeds. Giff worked regularly with Volusia County's procurement department
to draft, review, and negotiate contract terms and conditions. He is deeply familiar with the re-
quirements and inner workings of local government solicitation processes involving invitations to
bid, requests for proposals, qualifications, or information, or letters of interest. Chumley assists
our municipal clients in avoiding flawed procurement awards.
Mr. Chumley also represents creditors before the United States Bankruptcy Courts. While
in law school, he interned with the late United States Chief Bankruptcy Judge, Paul X1. Glenn, and
has since continued to defend his clients and prosecute claims for creditors in Chapters 7, 11, and
13 cases. Mr. Chumley also served as a judicial intern to United States District Judge Mary S.
Scriven of the Middle District of Florida.
Outside of his professional pursuits, Mr. Chumley enjoys sampling exotic foods, research-
ing and sharing pop culture trivia, and collecting inexpensive mechanical wristwatches.
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GIFFIN CHUMLEY (colimilled)
EDUCATION
Stetson University College of Law, Juris Doctor, l'lllll lalide (2006)
University of Central Florida, Legal Studies, B.A. (2003)
University of Florida, English, B.A. (2000)
COURTS OF PRACTICE
All State of Florida Courts (admitted in 2006)
United States, Florida Middle and Northern Districts (Bankruptcy Courts included)
CERTIFICATION
Board Certified by the Florida Bar in City, County and Local Government Law
(since 2012)
LOCAL GOVERNMENT ACTIVITIES AND PROFESSIONAL ASSOCIATIONS
General Counsel to Volusia County Tax CollectorWill Roberts (2021 — present)
Attorney to the City of Palm Coast Code Enforcement Board (2021 - present)
Assistant City Attorney, City of DeBary (2006 — 2011; 2020 — present)
Assistant County Attorney, County of Volusia, Florida (2011 — 2020)
Assistant City Attorney, City of `y'inter Garden (2006 — 2011; 2020 — present)
Assistant City Attorney, City of Longwood (2010 — 2011; 2020 - present)
Assistant City Attorney, City of Belle Isle (2020 - present)
Assistant City Attorney, City of Winter Park (2020 — present)
Judicial Intern to United States Chief Bankruptcy Judge Paul N1. Glenn (2006)
Judicial Intern to United States District Court Judge Mary S. Scriven (2005)
Florida Bar Association
Orange County Bar Association
Florida Nlunicipal Attorneys Association
COMMUNITY ASSOCIATIONS
Sergeant at Arms, Seminole County South Rotary Club
Z
Page 20 of 54
3'ro'
I�m�
HILLARY GRIFFITH / Associate
E: hgriffith@fishbacllaw.com
P: (407) 262-8400
Areas of Practice
Real Estate
Land Use and Development
Hillary Griffith is an Associate with Fishback Dominick. `while she focuses on real estate
and land use law for the firm's municipal clients, she brings to the table considerable experience in
corporate and business law. Before joining Fishback Dominick, Mrs. Griffith was Associate Gen-
eral Counsel for a private equity firm, where she provided analysis and legal support across the
firm's corporate entities and properties.
Before moving to Florida, _ lrs. Griffith lived and worked in Texas, where she developed
her legal expertise through direct experience in multiple facets of real estate law. She provided legal
and business advisory services to investors and financial institutions through her practice at a multi
-state law firm that specialized in the real estate market. Additionally, Mrs. Griffith worked at a title
company providing exclusive title insurance services to a national residential real estate company.
Mrs. Griffith graduated from the University of Texas at Austin in 2013 with a degree in
Geography and Environmental Studies. She then went on to graduate from Texas A&M Universi-
ty School of Law in 2017. She is licensed to practice law in Texas, Maryland, and Florida.
Mrs. Griffith has lived in Central Florida since 2021 and loves to explore the natural beauty
of Florida with her wife, Corrie, and their two rescue dogs, Bear and Goose.
EDUCATION
University of Texas, B.A. (2013)
Texas A & N1 University School of Law, J.D. (2017)
COURTS OF PRACTICE
Florida (2022)
Texas (2017)
Rol
Page 21 of 54
E: bpownall�fishbacklaw.com
P: (407) 262-8400
Areas of Practice
Local Government Law
Real Estate Law
Brandon Pownall, an associate, practices in the areas of local government and real estate law.
He brings previous experience in business and employment law. Prior to joining Fishback
Dominick, Mr. Pownall served as in-house counsel for an Orlando technology consulting firm. In
practice, Mr. Pownall assists with researching, drafting, and advising decision -makers on strategy.
A 2020 graduate with honors from the University of Florida Levin College of Law, he served
as an Articles Editor of the Flor-ida La)), Rerierr). During law school, Mr. Pownall was awarded the OF
Pro Bono Certificate for outstanding achievement in public service.
A native of Orlando, Mr. Pownall spends his free time exploring the many nature preserves
and hiking trails throughout the state of Florida. He enjoys reading, cooking Italian food, and travel-
ing.
EDUCATION
University of Florida, J.D., crud laude (2020)
Florida Lai), Rerierr,, Member & Articles Editor (2018-2020)
Emory University, Bachelor of Arts in English (2017)
COURTS OF PRACTICE
Florida (2020)
R
Page 22 of 54
FISHBACK 1 DOMINICK
ESTABLISHED 1935
ATT(PNEZ S _iNI) COUNSELUPS ._1'1' L_kw
Fishback Dominick proposes the following fee structure:
A. Hourly Rates. Fishback Dominick proposes a flat fee of $5,000.00 per month for up to
20 hours per month, which will apply to attendance at Commission and Planning and Zoning Board
meetings as well as consultation with staff and Commissioners.
After the first 20 hours, we will charge the same hourly rates we have billed to the City since
January 2021, when we began work as the City's special counsel. For all matters, including litigation,
(and except for opinion letters concerning issuance of bonds or notes and development pass -
through services, as described below), we will bill in increments of a quarter hour at the following
hourly rates:
Board Certified Attorneys and Partners $325.00
Associates
$285.00
Paralegals & Law Clerks $155.00
Legal Assistants
$ 100.00
At the beginning of each fiscal year, fees will increase by 30/, to the nearest $5.00 increment, unless
otherwise approved by the City Manager or City Commission.
B. Municipal Bond Opinion Letters. For legal services relating to issuance of opinion
letters concerning the legality of the City's issuance of bonds or notes, in order to compensate the
firm for the increased risk of issuing such letters, the City shall pay a lump sum fee to Fishback
Dominick (in lieu of an hourly fee for the time incurred in reviewing and revising the bond
documents and the drafting and negotiations of legal opinion letters) as follows:
.005 of bond amount for bonds up to $10,000,000.00 (minimum $7,500.00); Over
$10,000,000.00, the above fee plus .002 of the amount over $10,000,000.00.
C. Real Estate Closings. Fishback Dominick will perform real estate closing services for
all of the City's real estate transactions and charge on a hourly basis for work performed. Title
insurance premiums shall be paid at promulgated rates.
W
Page 23 of 54
D. Development Pass -Through. For legal services provided by the Firm in which third
parties reimburse the City (including for plan review under Section 1-12 of the City's Land
Development Code), the Firm's hourly attorney rates will be one-third higher than the hourly rates
after the first 20 hours stated above in paragraph A.
E. Expenses
The City shall reimburse the City Attorney for expenses reasonably incurred in the course of
rendering legal services, including but not limited to court filing fees, court reporter's fees, process
server fees, third party facsimile charges, real estate closing costs, express delivery charges, postage,
printing, costs of reproducing documents (in -firm copies billed at $0.20 per copy), and necessary
travel expenses at IRS standard mileage rates (not to include mileage to and from to City buildings or
facilities).
Unlike many firms, Fishback Dominick does not pass -on costs to clients for long
distance telephone calls or for using electronic legal research on Lexis-Nexis or Westlaw.
F. No Retainer
Fishback Dominick trusts that the City timely pays its invoices. Therefore, the Firm is not
requesting payment of a retainer fee.
G. Invoices.
Invoices are sent on a monthly basis, normally within two weeks after month -end.
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Page 24 of 54
Fishback Dominick adheres strictly to Florida Rules of Professional Conduct, including Rule
4-1.7, which governs conflicts of interest.
The Firm has no matters currently pending before the City for any other client.
In the unlikely and rare event of a conflict of interest between the City and another firm cli-
ent, Fishback Dominick would recuse itself from representing the City and the other client in the
conflicting matter and would promptly arrange for conflict counsel to provide representation. Anv
conflict counsel for the City would be AV -preeminent rated, board certified in City, County and Lo-
cal Government Law, and willing to accept fees at rates no more than those in effect with Fishback
Dominick.
Accessibility:
If the City desires, Mr. Geller will provide office hours at City Hall one morning a week.
Our attorneys are accessible by cell phone, email, and video conference calls. We endeavor to re-
spond promptly. We are open to scheduling meetings with City staff and individual Commissioners
as needed.
Board Meeting Attendance:
Although Fishback Dominick will be the City Attorney, Rick Geller will be the primary city
attorney to attend regularly scheduled and special City Commission meetings and workshops, as well
as meetings of the Planning and Zoning Board and other board and city meetings as requested.
ILurt Ardaman, Dan Langley, Giff Chumley, Andrew Mai, and other Fishback Dominick attorneys
may attend and be available to advise, counsel, and represent the City.
Page 25 of 54
_ 11U__ILN
ESTABLISHED 1935
ATTOR ,S AN1) COUNSELOVs AT LA\N
The City and District Managers listed under "Experience of the Firm," can attest to the
quality of legal services provided by Fishback Dominick. The following can attest to the firm's and
Rick Geller's legal abilities, in particular.
1) Mr. Bob Francis
Former City Manager, Belle Isle (2017-2023)
rfrancis@vallawallawa.gov
(509) 524-4345
2) Mr. Randy Knight
City Manager, City of Winter Park
rknight@cityofwinterpark.org
(407) 599-3235
3) Mr. Michelle DeValle
Assistant City Manager, City of `Winter Park
mdelvalle@cityofwinterpark.org
(407) 599-3236
4) Ms. Keri Martin
Director of Risk Management, Ciry of Winter Park
kmartin@cityofwinterpark.org
(407) 427-3809
5) Mr. Brian Palmer
Senior Code Enforcement Officer
b.palmer@city,ofcapecanaveral.org
(321) 868-1220 (ext. 115)
Mr. Palmer represents the City of Cape Canaveral at hearings over which Rick
Geller presides as Special Magistrate.
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