2004-25710 Reso
RESOLUTION NO. 2004-25710
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 JULY 1, 2007 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 urlder 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. 2001-24452, 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, 2004; and
WHEREAS, said Resolution No. 2001-24452 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 July 1, 2007 and to set his co ensation at the base rate of$1 00.00
per hour with a maximum payment of $500.00 r
PASSED and ADOPTED this 13th
,2004.
ATTEST:~O ft1.A-.~
CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION .
/J 1/ .1A/fiJ1.fJL 10 - .., - () 'f
~ Date
CITY OF MIAIVII BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A resolution re-appointing Mr. Warren Bittner, Esq. to serve as Special Master for appeals of decisions of
the City's Historic Preservation Board until July 1, 2007 and setting the compensation at $100.00 per hour
with a maximum payment of $500.00 oer case.
Issue:
Shall the City Commission re-appoint Mr. Warren Bittner, Esq. to serve as Special Master?
Item Summa IRecommendation:
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; 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 six 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 resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Finance Dept.
Source of
Funds:
D
Ci Clerk's Office Le islative Trackin
Bob Parcher, City Clerk
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AGENDA ITEM
DATE
G7C
10-/3 --eX(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: October 13, 2004
From:
Jorge M. Gonzalez~ .~.
City Manager V'-' D
Murray H. Dubbin 1,.1 (\..A L...::-
City Attorney \\!\t)INN"
Subject:
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 JULY 1, 2007
AND SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A
MAXIMUM PAYMENT OF $500.00 PER CASE.
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 $1 00.00 for each appeal case heard. On June 6,2001 the Administration
passed Resolution No. 2001-24452, re-appointing Mr. Bittner and setting the compensation
at $100.00 per hour with a maximum payment of $500.00 per case.
City of Miami Beach City Code, Section 118-537 (b) (1) 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 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. Sittner 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 six 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. During his previous appointment, Mr. Bittner heard one (1) appeal case.
Jorge Gomez, Planning Director, William Cary, Assistant Planning Director and Thomas
Mooney, Preservation and Design Manager, support the re-appointment of Mr. Warren
Bittner as Special Master for the Historic Preservation Board appeals.
The Administration recommends that Mr. Bittner be reappointed for a three (3) year term
expiring on July 1,2007.
JMG/REP
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