2010-27524 Reso RESOLUTION NO. 2010 - 27524
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 HISTORIC
PRESERVATION BOARD UNTIL SEPTEMBER 16, 2013, AND
SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A
MAXIMUM PAYMENT OF $500.00 PER CASE.
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 (b)(3); and
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; and
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; and
WHEREAS, in City of Miami Beach Resolution No. 2007 - 26642, the Mayor and
City Commission re- appointed Mr. Warren Bittner, Esq. to serve as Special Master for
appeals of decisions of the City's Historic Preservation Board through September 16,
2010; and
WHEREAS, Resolution No. 2004 -25710 established the compensation at the
rate of $100.00 per hour with a maximum payment of $500.00 per case.
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 of three (3) years expiring on September
16, 2013, and to set his compensation at the base rate of $100.00 per hour with a
maximum payment of $500.00 per case.
PASSED and ADOPTED this 21fi day of 0 C. &.tr , 2010.
ATTEST: "
tA,“ MAYOR
CITY CLERK
T:WGENDA\2010 \September 15 \Consent \Warren Bittner -RES rev.doc APPROVED AS TO
FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
A resolution re- appointing Mr. Warren Bittner, Esq. to serve as Special Master for the City's Historic
Preservation Board.
Key Intended Outcome Supported:
Ensure all historically significant structures, sites, and districts are considered for local designation by the
Commission.
Supporting Data (Surveys, Environmental Scan, etc.): in 2009, the City has an inventory of 1,515
contributing properties within existing Local Historic Districts and a total number of 1,861 properties
located within the existing Local Historic Districts.
Issue:
Shall Mr. Warren Bittner, Esq. be re- appointed to serve as a Special Master for the City's Historic
Preservation Board until September 16, 2013?
Item Summary /Recommendation:
Mr. Bittner has ample experience in historic preservation, as he was legal counsel to the City of Miami
Historic Preservation Board and was the Chair of the Miami Shores Historic Preservation Board.
Furthermore, Mr. Bittner is an attorney for a government entity and 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 with
distinction for the past nine 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.
The Administration recommends approving the resolution. It should be noted that the last time an Appeal
was heard was prior to FY 2009 -2010.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds:
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Bob Parcher, City Clerk
Sign -Offs:
Department Director s Assistant City Manager City Manager
F
Agenda Item 7 E
MIAMIB Date /4 -a2 to
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
Jose Smith, City Attorney \(.) oso
i '/ / ,
DATE: October 27, 2010 1 •
Cdr
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RE- APPOINTING MR. WARREN 1BITTNER, ESQ.
TO SERVE AS SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE
CITY'S HISTORIC PRESERVATION BOARD UNTIL SEPTEMBER 16, 2013,
AND SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A
MAXIMUM PAYMENT OF $500.00 PER CASE.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On September 17, 2007, the City Commission passed Resolution N. 2007 - 26642, re-
appointing Mr. Warren Bittner, Esq. as Special Master for appeals of decisions of the City's
Historic Preservation Board, for a three year period expiring September 16, 2010, and
setting Mr. Bittner's compensation at $100.00 per hour with a maximum payment of $500 per
case.
City of Miami Beach City Code, Section 118 -537 (b) (1) provides that "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 appeals pursuant to this subsection (b) shall be attorneys who are members in good
standing with the Florida Bar and have expertise in the area of historic preservation. Special
Masters shall serve terms of three years, provided however, that they may be removed
without cause upon a majority vote of the city commission." Mr. Bittner has ample
experience in historic preservation, as he was legal counsel to the City of Miami Historic
Preservation Board and was the Chair of the Miami Shores Historic Preservation Board.
Furthermore, Mr. Bittner is an attorney with 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 with distinction for the past nine 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.
F: \CLER \$ALL \MARIA -M \Warren Bittner Commission Memo.doc
Richard Lorber, Planning Director, William Cary, Assistant Planning Di hector, and Thomas
Mooney, Preservation. and Design Manager, support the re- appointment of Mr. Warren
Bittner as Special Master for the Historic Preservation Board appeals.
Since the item was deferred from the September 15, 2010 Commission Meeting, at the
request of the Commission, Warren Bittner met with Commissioner Edward L. Tobin and
Commissioner Jerry Libbin.
The Administration recommends that Mr. Bittner be re- appointed for athree (3) year term
expiring on September 16, 2013. It should be noted that the last time an Appeal was heard
was prior to FY 2009 -2010.
JMG /REP
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