20141217 SM1r-f. -f.6)I-,.-.
1915.2015
MIAMIBEACH
Gity Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
December 17,2014
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Comm issioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visft us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Glerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code sections.
Copies of the City Code sections on lobbyists laws are available in the Office of the City Clerk.
Questions regarding the provisions of the Code should be directed to the Office of the City Attorney.
SUPPLEMENTAL AGENDA
R10 - Citv Attornev Reports
R10A City Attorney's Status Report.
(Office of the City Attorney)
(Memorandum)
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MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: RaurAsuira, city Attor""?t q.,\-
DATE: December 17,2014
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
Case No. 14-28302 CA06 (Circuit
Judicial Circuit, in and for Miami-Dade County, Florida)
This is an action for Breach of Contract and lnjunctive Relief filed by Anthony Parks in
response to his failure to timely pay his utility bills for service at his residence located
at 2321 N. Bay Road, Miami Beach, Florida. The Summons and Emergency Petition
were served on the City on November 7,2014.
The parties attended a preliminary hearing on November 10, 2014 and a continuation
of the hearing on November 18,2014. The Court dismissed the action without
prejudice on November 18, 2014.
2. GEORGIOS MARKOGLOU. a Greek citizen. v. CINZIA NIGOTRA. a Florida
resident GUIUSEPPE NICASTRO. a Florida resident: Mt. SINA! MEDICAL
CENTER OF GREATER MlAMl. d/b/a Mt. SINAI MEDICAL CENTER: Dr. GABRIEL
SALLOUM: and CITY OF MIAMI BEAGH Case No. 13-20492 CA01 (Circuit Court -
County, Florida)
The City was served with this complaint on December 2,2014 alleging that on March
28, 2013, the plaintiff, Georgios Markoglou, was treated and transported by City of
Miami Beach EMS at the intersection of 1Sth Street and West Avenue in Miami Beach,
Florida and taken to Mount Sinai hospital due to injuries that he sustained from a
motor vehicle accident at that location. He was billed $858.00 for the services
provided by City of Miami Beach EMS. The plaintiff then filed a lawsuit subsequent to
his treatment and transportation and settled the case for a lot less than the value of
the case, which they peg at about one and a half million dollars. They have now filed
a declaratory action seeking to reduce the City's EMS bill of $858.00 to somewhere
between $30.61 to $58.00 pursuant to Fla. Stat. 768.76 to conform to the reduced
settlement of the underlying personal injury reduced settlement. We shall file a
response or negotiate the EMS bill with plaintiff to settle the declaratory relief action.
Asenda ltem Rl0A
Date D-17'lt{3
City Attorney's Repoft
November 19,2014
Page 2
3. JOEL NAMAD v. CITY OF MIAM! BEACH. PARKEON. lNC.. f/Ua
SCHLUMBERGER E-CITY. lNC. a foreiqn corporation. and LGN. lNC.. a Florida
PARK!Case No. 14-014167-
22 (Circuit Court - 11'n Judicial Circuit, in and for Miami-Dade County, Florida)
The City was served with this complaint on December 08, 2014 alleging that on May
31,.2010, the plaintiff, Joel Namad, at approximately 8:26 p.m. parked his car at the
23'o Street parking lot located on the south side of the street, west of Collins Avenue
and east of Washington Avenue in Miami Beach, Florida. He then put cash into a "pay
and display machine" to pay the subject parking fee. As he attempted to retrieve his
change, he felt an immense pressure on his finger. As he pulled his finger out of the
change slot, he found that the tip of his finger was severed as a result of being
crushed or trapped within the subject "pay and display machine." He has sued the
City of Miami Beach and the designers and manufacturers of the ticket machine for
the injuries to his severed finger. We shall file our answer and propound discovery to
the plaintiff.
CHU INC
v. CITY OF MIAMI BEACH Case No.: 14-473 AP (Circuit Court - 11
Circuit, Appellate Division, in and for Miami-Dade County, Florida)
Judicial
The City was served with this appeal, a petition for certiorari, of the Historic
Preservation Special Master Order issued on October 31, 2014. The Special Master
Order remanded the Church's application to the Historic Preservation Board to
conduct a second rehearing of its unanimous decision to approve the Church's
application. The Petitioners allege that the Order disregarded the limits of the Special
Master's jurisdiction and the "basic tents of Florida law" by ruling on a constitutional
tenet. The Court will issue a scheduling order and per the direction of the Mayor and
City Commission, the City Attorney's office will file the appropriate answer brief to the
petition.
MIAM! BEACH COMMUNITY CHURCH. !NG. AND SOUTH BEACH TRISTAR. LLC
v. GITY OF MIAMI BEAGH
Shortly prior (several hours prior) to filing the petition for certiorari indicated above,
the Petitioners also filed an alternative dispute resolution "claim" pursuant to 70.51,
Florida Statutes. A person aggrieved by a governmental action regarding a
development order or an enforcement action on a development order, can, as of right,
request a proceeding under this statute. The City is not formally served with a
complaint, but, rather a claim expressing how the development order caused the
Petitioners unreasonable harm or unfairly burdens real property. The parties select a
mediator, who in this case is Murray Greenberg. The only parties to the Special
Master proceeding are the Petitioners and the City, although those persons that
participated during the quasi-judicial proceeding, and adjacent property owners, are
provided notice and may speak during the proceeding. The Special Master plays two
rolls: first as a mediator, and if that fails, then as a Special Master, making findings on
the allegations of unreasonable action or an unfair burden. Ultimately, the entire
alternative dispute resolution proceeding is not to exceed 165 days in length from
start to finish, and is not binding on the parties, unless both parties agree to be bound.
The petition for certiorariwould be stayed while this proceeding moves fonruard.
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