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
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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
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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
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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.
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