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2001-24452 RESO RESOLUTION NO. 2001-24452 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RE-APPOINTING MR. WARREN BITTNER, ESQ. TO SERVE AS SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S mSTORIC PRESERVATION BOARD UNTIL JULY 1,2004 AND SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A MAXIMUM PAYMENT OF $500.00 PER CASE, RETROACTIVE TO JANUARY 1,2001. WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that a process for the review of decisions rendered by the Historic Preservation Board has been established under City of Miami Beach City Code, Section 118-537; WHEREAS, affected parties have the right to seek a review by a Special Master appointed by the City Commission of projects approved by the Historic Preservation Board; WHEREAS, Mr. Warren Bittner, Esq., is a uniquely qualified individual, based upon his experience in the field of historic preservation and as a practicing attorney, to review decisions rendered by the Historic Preservation Board; WHEREAS, in City of Miami Beach Resolution No. 98-22778, the Mayor and City Commission re-appointed Warren Bittner, Esq. to serve as Special Master for appeals of decisions of the City's Historic Preservation Board through July 1, 200 I; and WHEAREAS, said Resolution No. 98-22778 established the compensation at the rate of $100.00 for each appeal case heard; and WHEREAS, Miami Beach City Code Section 30-37(b) establishes a compensation rate for other Special Masters of $1 00.00 per hour with a maximum payment of $500.00 per hearing session; and WHEREAS, in light of the time investment required by Mr. Bittner to oversee the appellate process and appeals from the Historic Preservation Board, his compensation requires adjustment to reflect the rate referenced hereinabove in City Code Section 30-37(b); and WHEREAS, the Administration thus recommends that Special Master Bittner's compensation be adjusted and set at the base rate of $1 00.00 per hour with a maximum payment of $500.00 per case, said compensation to be established retroactive to January 1,2001. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: That Mr. Warren Bittner, Esq., is hereby re-appointed to serve as a Special Master for appeals of decisions of the City's Historic Preservation Board for a period not to exceed three (3) years and to F:\CLERISALL\KERRY\B1TINER.200I.APT.O<X: set his compensation at the base rate of $1 00.00 per hour with a maximum payment of $500.00 per case, said compensation to be retroactive to January 1,2001. PASSED and ADOPTED this 6th d~aY of June ~,./~ A V1Ce- AYOR ,2001. ATTEST: JYJN-t} PaJ~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR CUlION S--~3-o t 0lIIll F:\C:LER\SALL\KERRY\B~200I.APT.DOC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci,miami-beach.fl.us COMMISSION MEMORANDUM NO. 3G 3-01 TO: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez \ ~ City Manager 0 ~~/ Murray H. DUbbi~/ ~ City Attorney DATE: June 6, 2001 FROM: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RE-APPOINTlNG MR WARREN BITTNER, ESQ. TO SERVE AS SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD UNTIL JULY 1,2004 AND SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A MAXIMUM PAYMENT OF $500.00 PER CASE, RETROACTIVE TO JANUARY 1,2001. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: On June 17, 1998 the City Commission passed Resolution No. 98-22778, re-appointing Mr. Warren Bittner, Esq. as Special Master of appeals of decisions of the City's Historic Preservation Board, for a three year period expiring July 1,2001, and setting Mr. Bittner's compensation at $100.00 for each appeal case heard. City of Miami Beach City Code, Section 118-537 (b) (I) provides for "the applicant, the owner(s) of the subject property, the city manager, Miami Design Preservation League, Dade Heritage Trust, or an affected person may appeal the board's decision to a special master appointed by the city commission." Pursuant to Miami Beach City Code, Section 118-537 (b) (3) "Special Masters appointed to hear F:\Q.ER\$ALL\KERRY\BITTNER1OO1.APT.DOC Agenda Item 070 Date (P-c,~OI appeals pursuant to this subsection (b) shall be attorneys who are members in good standing of the Florida Bar and have expertise in the area of historic preservation." Mr. Bittner has ample experience in historic preservation, as he was legal counsel to the City of Miami Historic Preservation Board and is the Chair of the Miami Shores Historic Preservation Board. Furthermore, Mr. Bittner is an attorney for a government entity, he is not expected to have conflicts of interest which would prevent him from hearing cases. Mr. Bittner has served the City of Miami Beach for the past three years in his capacity as Special Master. He has proven to be objective and thoughtful in his review of cases and his orders outlining his conclusions have been well written and on point as to the issues involved. In comparison with the Special Masters appointed to hear code enforcement cases, the Special Master appointed for Historic Preservation matters has less cases, but requires a sophisticated combination of dispute resolution, land use law, and historic preservation experience, given the nature and complexity of the matters coming before him. The volume oftime Mr. Bittner has had to invest in overseeing the appeals from the Historic Preservation Board has far outweighed his current level of compensation. Responsibilities of the Special Master include establishing briefing and oral argument dates, ruling on motions, preparing for hearings and oral argument, reviewing briefs, conducting appellate hearings and preparation of appellate orders, as well as ruling on motions filed after rendition of the appellate order. The Administration recommends setting the compensation at $100.00 per hour with a maximum payment of $500.00 per case, retroactive to January 1,2001. The cost of the retroactive payment will be no more than $1,000.00. JMG:~P:kah F:\Q.ER\SALlOCERRY\BITINER200I.APT,DOC