Ad 1005 FLUM amendments A5
dailybusinessreview.com
DAILY BUSINESS REVIEW THURSDAY, APRIL 2, 2015
FROM THE COURTS
CITY OF MIAMI BEACH
CITY COMMISSION
NOTICE OF
SECOND PUBLIC HEARINGS
NOTICE OF AMENDMENT TO THE
FUTURE LAND USE MAP (FLUM)
OF THECITY OF MIAMI BEACH
COMPREHENSIVE PLAN
AND ZONING MAP CHANGES
NOTICE IS HEREBY given that second readings/public hearings will be held by the M
Commissioners of the City of Miami Beach, Florida, in the Commis
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, May 6, 2015 at 10:00 a.m., or as
COURTESY OF NAGEL RICE
soon thereafter as the matter can be heard, to consider adopting
th
File No. 2237. 1100 15 Street - FLUM Amendment
An Ordinance Of The Mayor And City Commission Of The City Of Mia
The Future Land Use Map Of The Comprehensive Plan By Changing Th
Pursuant To Section 118-166 Of The Code Of The City Of Miami Bea
Statutes, And Section 163.3187, Florida Statutes, By Changing Th
Parcel Of Land Located At 1100 15th Street, And Which Is Compris
Current Low Density Multifamily Residential Category (RM-1), T
Intensity Commercial Category (CD-1); Providing For Inclusion I
Repealer, Severability And An Effective Date.
th
File No. 2238. 1100 15 Street - Zoning Map Change
An Ordinance Of The Mayor And City Commission Of The City Of Mia
that discovery revealed the rail was eight
by Mary Pat Gallagher
feet closer to the road than required by
Florida, Pursuant To Section 118-162, Petitions For Changes And
mgallagher@alm.com
the plan. The defense contended that un-
Of Less Than 10 Acres, From The Current RM-1, Residential Multi
derground power lines and a light tower
A company hit with a $175 million
prevented placing the rail at the origi-
whistleblower verdict in Texas last fall
Date.
nally intended spot. The defense also
over allegedly defective guardrails now
claimed driver error.
faces a motion in New Jersey state court
Air Brook settled for $2.9 million,
seeking to reopen a suit over a fatal ac-
according to court documents. Three
cident on the New Jersey Turnpike.
other defendants paid a combined
The plaintiffs contend in their motion
$6.85 million.
that Trinity Highway Industries got the
J. Fletcher Creamer & Son of
New Jersey suit dismissed based on the
Hackensack, New Jersey, which installed
same allegedly fraudulent concealment
the guardrail, paid $4 million on its own
of information concerning the design
behalf and on behalf the New Jersey
and safety of its products that was at the
Turnpike Authority, which accepted the
heart of the Texas verdict.
rail even though it was not built accord-
There, the jury found that the Dallas-
ing to the design plans, according to court
based company defrauded the U.S. gov-
documents. Another $2.25 million came
ernment, in violation of the False Claims
from Maitra Consultants of Somerset,
Act, by failing to inform the Federal
the engineering firm hired by the state
Highway Administration of changes it
to oversee the project, which signed off
made to the guardrails in 2005, accord-
on it when it was completed. The final
ing to court papers and media reports.
$600,000 portion was from DMJM Harris
The plaintiffs claimed those changes in-
Engineering, which prepared the plans
volved narrowing the end caps, which al-
for a project that replaced the guardrail
legedly increased the possibility that the
end caps in the area with Trinitys ET-
rails would impale vehicles that hit them,
2000 Plus not long before the accident,
along with their occupants. Trinity has de-
according to court documents.
nied any wrongdoing in the Texas case.
With an October 2009 trial date ap-
The New Jersey case,
Sweeney v. Air
Inquiries may be directed to the Planning Department at 305.673.
proaching, Trinity was let out on summa-
, was brought by the
Brook Limousine
ry judgment in Sept. 23, 2009, according
family of Patrick Sweeney, a 34-year-old
INTERESTED PARTIES are invited to appear at this meeting, or be
to court documents.their views in writing addressed to the City Commission, c/o the
computer salesman from Pearl River,
st
1 Floor, City Hall, Miami Beach, Florida 33139. These items are a
Judge Robert Polifroni rejected the
New York.
st
Floor, City Hall,
Sweeneys expert report as a net opin-
On Aug. 15, 2006, he was a passen-
Miami Beach, Florida 33139. These items may be continued, and un
ion that failed to establish a prima facie
ger in a Lincoln Town Car being driven
legal notice need not be provided.
claim for a design defect under the New
to Newark International Airport when
Pursuant to Section 286.0105, Fla. Stat., the City hereby advise
Jersey Product Liability Act.
the driver, Jose Lordello, lost control and
appeal any decision made by the City Commission with respect to
The report failed to demonstrate a
veered into a guardrail on the Turnpike
or its hearing, such person must ensure that a verbatim record o
prima facie showing that a practicable
near Teaneck, New Jersey, according to
includes the testimony and evidence upon which the appeal is to
and feasible design alternative would
court papers. The guardrail entered the
consent by the City for the introduction or admission of otherwi
have prevented or reduced the harm un-
limousine, striking Sweeney, who died
does it authorize challenges or appeals not otherwise allowed by
about 20 minutes later of blunt-force der the circumstances of this particular
-
trauma, the plaintiffs claimed.case, Polifroni said.
tion on access for persons with disabilities, and/or any accommo-
The ensuing lawsuit, filed one month A critical element of the decision
pate in any city-sponsored proceedings, call 305.604.2489 and se
later in Bergen County Superior Court by was that the Sweeneys other liability ex-
option 6; TTY users may call via 711 (Florida Relay Service).
Sweeneys family, alleged that Lordello perts clearly and unequivocally blame
was negligent, and claims were later the incorrect and negligent placement of
Rafael E. Granado, City Clerk
City of Miami Beach
added alleging the guardrail had a de-the guardrail system, Polifroni said.
sign defect and had been installed too
Ad 1005
close to the roadway.
4/2 15-190/2423643M
The plaintiffs claimed in court papers