City Attorney's Office_December 1983 to January 1984CITY ATTORNSY' S MICE
Date
12/7/83 C Atty Memo 811-83, status of City Atty's
R -10A office; not reached - def. to 12/21/83.
40
12/21/83 C Atty Memo 811-83, status of C Atty's
R -10A office. Def'd until Mayor returns. Comr.
Singer requested Legal Opinion Index not
again be reproduced when item repl'd on
agenda.
1/4/84 C Atty Rev. Memo 811-83, status of C Atty's
R -10A Off. C Atty rev'd memo (covering opers.,
employment of counsel, etc.), submitted for
info only. No action required or taken.
Mems. of Comm. expressed appreciation to
-5-6 5-7
CfTy,ATTORNRYr8 OPPICB
Date (Cont' d)
1/4/84 C Atty for fine work of her office.
R -10A
4Y.
1/18/84 Memo 41-84, C Atty instructed to defer
R -8A prosecution of all matters re removal of
louvered doors, incl'g the imposition of a
sentence for 90 -day per., to allow int'd
parties to pres. alts. to City so they are
in compliance w/spirit & intent of the law.
(Fire Dept. to cont. enforcement in
interim). (see FIRE PREVENTION)
2/15/84 Memo 107-84, Bid 1-84, air conditioning
C -2C water cooling tower for CMB Youth Ctr.;
CITY ...ATTORNEY'S ..a ' 'TCE 42
Date (Cont'd)
2/15/84 awarded to Thermo Air -Contractors, Inca VM
C -2C Daoud asked C Atty to investigate whether
there are grounds for action against
construction contractor & to submit report.
(see AIR CONDITIONING & REPAIRS (CONTRS.),
RECREATION DIV. (CONTRS.), YOUTH CTR.
(CONTRS.))
2/15/84 Mayor Fromberg advised that he had requested
R -11F the C Atty's office to provide Comm. w/an
opinion re. the authority of the Housing
Auth. (see HOUSING AUTHORITY)
0
CITY ATTORNEY'S OFFICE 43
Date
3/14/84 C Atty Memo 158-84, C Atty's office status
R-10C update. Rep. on disposition of fol. cases
submitted for info only; no action required
or taken:
Freifelder v. CMB 11/1/83 Election
Canvassing Bd.
Retter v. CMB Zoning Bd. of Adj. re
Park Retirement Hotel
Metro Dade Co./City's Acting Tax
Collector CMB v. Golden Nuggett Group,
et al. re. 3% Cony. Development Bed
Tax.
(see SUITS AGAINST THE CITY, SUITS BROUGHT
BY THE CITY)
CITY ATTORNEY'S OFFICE 44
Date
4/4/84 C Atty Memo 204-84, litigation update. Dis-
R-10A positions submitted for info only, for fol.:
1. Ciment v. Miami Herald Publishing Co.,
et al. (re Govt. in the Sunshine Law)
2. CMB v. Grosz (alleged infringing on
rights to practice religious beliefs)
3. Retter v. Bd. of Adjustment (tax City's
costs against Appellant)
4. Sunset Islands 3 & 4 Prop. Owners, Inc.
v. M.B. Yacht Club & CMB (notice
requirements when Zoning Ord. 1891
enacted in 1971)
(see SUNSHINE LAW, ZONING)
CITY ATTORNEY'S OFFICE 43
Date
6/5/84 Memo 359-84, hrg. held & concluded re. ord.
R -3F amdg. Unclassifed Employees Salary Ord.
1605, deleting classifications of Asst. City
Atty I, II & III; establishing classifica-
tions of Asst. C Atty, Sr. Asst City Atty.
Fol. discussion, ord. revised per Comm.
memo & also amd'd by Comm. to provide that
except for classifications in C Atty's
Dept., overall avg. salary increases not
exceed 5%. Ord. 84-2416 adopted. NOTE:
This ordinance is numbered for record
purposes only. It is not final & will not
be implemented as is but will be repealed at
the 6/20 mtg., at which time, the correct
a (--(_ --•c- 7
CITY ATTORNEY'S OPFICE
Date (Cont'd)
6/5/84 ord. will be pres'd, which will carry out
R -3F the Comm's directions. (see SALARIES)
6/20/84
R -10C
C Atty Memo 413-84, consideration of
engaging the firm of Fine, Jacobson,
England, Klein, Colan & Simon, P.A.
counsel to pursue mun. revenues derived
franchise fees & pub. serv. taxes
telephone serv.; def. pending
negotiation; C Atty to submit rep.
recommendation. (see TAXES)
46
Block,
as sp..
fr.
on
fee
7/11/84 Discussion re. C Atty's position. At
R -9J suggestion of Comr. Shockett, w/no obj. fr.
CITY A'1"TORM2Y' S 0 'piCF 47
Date (Cont'd)
7/11/84 Comm., Mayor Fromberg will appt a Set. Com.
R -9J (reps. of lgr., top-quality law firms prac-
ting w/in city) to interview applicants;
committee to consist of Comr. Shockett, and
(if available) Judge Irving Cypen, Stuart
Simon, and Harry Smith; Comr. Shockett to
coordinate mtg schedule. Rep. and recommen-
dation of 3 finalists to be submitted
7/25/84 if possible. Later in mtg., appli-
cant David W. Rynders (cur. Naples C Atty)
responded to ques's fr. some mems. of Comm.
7/25/84 Memo 441-84, C. Atty. to res. need for spec -
R -3F ificity of penalty in criminal laws, per
CITY ATTORNEY'S OFpxa 48
Date (Cont'd)
7/25/84 Mayor prnmberg's suggestion that such ords.
R -3F cont. lang. that penalty incl. fine up to
max. allowable by St. law, thereby avoiding
need to amd. ords. should St. law chg. (see
8/1/84 memo fr. Louis Huss to M. Louise
Barrett, filed w/mtg. recs.) (see OFFENSES)
9/5/84 Report on C Atty Screening Committee. Mayor
R-90 Fromberg advised he will interview 2
finalists & will schedule mtg. w/David W.
Rynders (Naples C Atty). Comm. expressed
desire to also meet w/Mr. Rynders. Mayor
Fromberg advised he will attempt to schedule
Mr. Rynders' visit so all Comrs. can meet
-'-vo b-( . -f-/ 1‘, .
CITY ATTORNEY'S Op 'TCE 40
Date (Cont'd)
9/5/84 w/him on same day. Comr. Daoud requested
R-90 visit be scheduled after 9/12/84 budget
hearing.
9/19/84 Appt. of C Atty. Comr. Shockett gave rep.
R -9D of the selection committee. Sel. Com. mem.
Harry Smith appeared & advised bd.
recommended David Rynders & Arnold Weiner on
equal basis. Arnold Weiner unanimously
apptd. C Atty, effective 9/24/84. He
appeared briefly to express commitment to do
a good job. (see CITY ATTORNEY - ARNOLD M.
WEINER)
3o 57 -114 7
CITY ATTORNEY'S OFFICE 50
Date
9/19/84 C Atty Memo 585-84, City Atty's office sta-
R-10A tus update (for info only).
10/3/84 Res. 84-17870 adopted, designating auth sig -
C -4A natories as of 10/3/84 for imprest ckg.
acct. for Legal Dept. w/Jefferson Nati.
Bank. of M.B. (see VOUCHER SIGNATURES)
10/3/84 Memo 627-84, request of David Wallack to
R -1A discuss nonenforcement of ACLF zoning ordi-
nances. Mr. Wallack ques'd # of ACLF's that
have been "grandfathered in". Comr. Singer
suggested a rep. fr. Legal Dept. appear bef.
the Health Adv. Bd. to give them the cor. &
���,. ��y
CITY ATTORNEY'S OFFICE 51
Date (Cont'd)
10/3/84 cur. status of ACLF's in city. (see ZONING,
R -1A ADULT CONGREGATE LIVING FACILITIES, HEALTH
ADVISORY BD.)
2/6/85 Mayor Fromberg commended Legal Dept. for
R -1A prosecution of Code violation cases.
7/24/85 C Atty. rep., Judith Turgel heard re. "why
R -1A CMB legal proceedings are conducted in Ft.
Lauderdale by atty Mark Boyd & Assocs. &
ins. matters are handled by a Texas firm".
No action taken.
3607 -47czg?
CITY ATTORNEY'S OFFICE 52
Date
7/24/85 V-M Shockett advised he believed positions
R-10A reflected in cor. fr. Mascrete, Inc. (low
bidder) & Fryd Const. Corp. (2nd low bidder)
re. 21st St. Rec. Ctr. expansion & Collins
Canal/21st St. walkway bid award to
Mascrete, were adverse to City's best int.
because project would cost more as a result
of an alleged mistake by the low bidder. C.
Atty advised of unsuccessful attempts to
schedule mtg. w/Mascrete reps. C Atty will
proceed as necessary. (see 21st STREET
RECREATION CTR.)
vagi. -s�5
CITY ATTOI3NY' S _OPFTCE 53
Date
9/4/85 C Atty Memo 497-85, res. auth'g execution of
R 7F interlocal agreement w/Town of Surfside to
provide Surfside Code Enforcement prosecu-
tion by CMB Legal Dept., def. to 9/18/85; C.
Atty. to provide more info. (see TOWN OF
SURFSIDE)
11/6/85 C Atty M#620-85, C Atty's office status rep;
R -10A not reached - def. to 11/20/85.
11/20/85 C Atty M#620-85, rep. on fol. cases submit -
R -10A ted for info. only; no action regd/taken:
I. Litigation
a. Plissner v. CMB - Circuit Ct. granted
va�j. -v y�5
CITY Ar'rc NEY' S oVVIC 54
Date (Cont'd)
11/20/$5 City's Motion for Summary Judgment
R -10A re. emergency ambulance care Svcs.
b. Carner-Mason v. CMB - Circuit Ct.
granted Defs' Motion to Dismiss Com-
plaint re. M.B. Marina lease.
II. Recap of Code Enf. prosecutions - 8/85
a. Co. Ct. Cases (Fire & So. FL Bldg.
Code).
b.Code Enf. Bd. prosecutions. (see CITY
ATTORNEY - LITIGATION UPDATES)
11/20/85 Comr. Singer rev. 11/5/85 memo fr. Personnel
R -11G Dir. to Mgr re. salaries of local govt. ch.
exec. offs./ch. assts. & attys./ch. assts.
17D5--( 474
CITY ATTORNEY'S OFFICE 55
Date (Cont'd)
11/20/85 Motions offered to set C Atty's salary at
R -11G $75,000, & to incr. by $1,000/mo. for
$77,000 tot. Matter def. to 12/4/85 per
Atty's request for opportunity to submit
info. re. Dept. operation. (see SALARIES)
12/4/85 Discussion re C Atty's salary. Def. to
R -9B 12/18/86 pending rep. fr. C Atty as to op.
of Legal Dept. and its interrelation to
City. (see SALARIES)
12/18/85 C Atty advised his office has researched
R -11N ques. o City filing legal action to compel
State Ins. Dept. to exercise its statutory
3aG'/. -5�5�r%
CITY ATTORNEY'S OVPtCH 56
Date (Cont'd)
12/18/85 regulatory auth. w/respect to prop. & lia-
R-11N bility ins. rates; will be filing soon and
soliciting other cities similarly situated
to join. He further advised he only has
auth. to file on behalf of City (cannot file
class action on behalf of Hotel Assoc. or
other affected people). (see FLORIDA, STATE
OF, INSURANCE)
3/5/86 C Atty M#165-86, status rep. on fol. cases
R -10A submitted for info only; no action req'd or
taken:
I. Litigation
a. Grappone v. CMB (employment contr.) -
� moi- <--/c/ F5
CM ATT012NV' S 0rrtCC 5y
Date (Cont'd)
3/5/86 City's motion to Dismiss w/Prejudice,
R-l0A .granted.
b. W.R. Cooper, Inc. v. CMB and Garcia-
Allen Constr. Co., Inc. (suit re.
funds w/held for wage violations) -
suit dismissed
c. MB Homeowners' Assn. & Mildred Falk v.
CMB (41st St./Off-St. Pkg.) - appeal
of ct. order granting CMB Motion to
Dismiss complaint, dismissed.
d. CMB v. Abe Resnick (41st St./Off-St.
Pkg. Project) - $175,000 atty fees
awarded Fuller & Feingold, P.A. re.
parcels 1, 4, 5, & 6. (Cont'd)
CM MONEY'S OFFICE 58
Date (Cont'd)
3/5/86 11. Recap of Code Enforcement prosecutions
R -10A in 2/86
a. Co. Ct. cases (Fire, So. FL Bldg Code)`
b. Code Enforcement Bd. prosecutions
7/23/86 C Atty M#507-86, status rep. on Co. Ct.
R -10A cases (Fire & So. FL Bldg. Code) & Code Enf.
Bd. prosecutions for 6/86; for info only, no
action req./taken.
10/15/86 C Atty M#706-86, rep. on Co. Ct. cases
R -10A (Fire & So. FL Bldg. Code) & Code Enf. Bd.
prosecutions for 9/86; filed for info.
only.
ar(i. I''C7
CITY ATTORNEY'S OEEYCE 50
Date
1/21/87 C Atty M#61-87, status rep. on Code Enforce-
R-10A ment prosecutions for 12/86, filed for info
only.
3 Dom/ C > �