2013-28253 Reso RESOLUTION NO. 2013-28253
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION 2013-28187, TO
AUTHORIZE, PURSUANT TO SECTIONS 118-537(6)(3) AND 142-108(6)(3)
OF THE MIAMI BEACH CITY CODE, THE PAYMENT OF $29436.00 TO
MURRAY GREENBERG, ESQ. AS REASONABLE FEES AND EXPENSES
FOR THE SERVICES RENDERED AS SPECIAL MASTER IN THE APPEAL OF
"IN RE: 42 STAR ISLAND DRIVE, MIAMI BEACH, FL," CASE NO. HPSM-13-
001, DRB FILE NO. 22936.
WHEREAS, on March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), by its
attorney Kent Harrison Robbins, filed an appeal of the March 6, 2013 City of Miami Beach Design
Review Board Order on File No. 22936, approving the Application for Design Review Approval for the
construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be
demolished, at 42 Star Island Drive; and
WHEREAS, Section 142-108(g)(3) of the Miami Beach City Code, required that this appeal be
heard by a Special Master appointed by the City Commission, in accordance with the procedures set
forth in Section 118-537(b) of the Miami Beach City Code; and
WHEREAS, the Special Master appointed by the City Commission to hear such appeals is
Warren Bittner, Esq.; and
WHEREAS, on April 4, 2013, Appellant, MDPL, filed a Verified Motion to Disqualify Special
Master Bittner; and
WHEREAS, on April 5, 2013, Special Master Bittner issued an order on the Appellant's
Verified Motion to Disqualify, whereby he ruled that although the Motion to Disqualify was legally
insufficient on various grounds, he would nevertheless voluntarily recuse himself as the Special
Master in this appeal as "it would be in the best interests for the administration of justice" and
"consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct"; and
WHEREAS, on April 17, 2013, the City Commission appointed Murray Greenberg, Esq. to
serve as the Special Master in the appeal of"In Re: 42 Star Island Drive, Miami Beach, FL," Case No.
HPSM-13-001, DRB File No. 22936 (See Resolution 2013-28187); and
WHEREAS, pursuant to Sections 118-537(b) and 142-108(g)(3) of the Miami Beach City
Code, the Special Master appointed to hear appeals of Miami Beach Design Review Board's orders
shall be an attorney who is a member in good standing of the Florida Bar and who has expertise in
the area of historic preservation; and
WHEREAS, the matter came on for hearing. before Special Master Greenberg on June 4,
2013, and Special Master Greenberg having reviewed comprehensive briefs and responses from all
parties; having heard well-presented argument of counsel for all parties; and having reviewed the
extensive record below, entered his Report of Special Master on June 10, 2013; and
WHEREAS, on June 11, 2013, Special Master Greenberg submitted an invoices for
professional services rendered and expenses incurred, listing $2,400.00 for 9.6 hours of service
($250.00/hourly rate) and $36.00 in expenses, for a total due of $2,436.00, as fully described and set
forth in the itemized schedule of services and expenses attached hereto as Exhibit A; and
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WHEREAS, pursuant to Sections 118-537(b) and 142-108(g)(3) of the Miami Beach City
Code, Compensation for the Special Master appointed to hear appeals of Miami Beach Design
Review Board's orders shall be determined by the City Commission; and
WHEREAS, the City Attorney has reviewed the invoice submitted by Special Master
Greenberg and has determined that $2,436.00 is reasonable compensation for the services rendered
and expenses incurred from April 17, 2013 to June 10, 2013; based on the time and labor required;
the novelty and difficulty of the questions involved; the skill required to perform the services properly;
and Special Master Greenberg's experience, reputation, diligence, and ability.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA THAT:
Based on the foregoing, the City Commission hereby authorizes the payment of $2,436.00 to
Murray Greenberg, Esq. as a reasonable fees and expenses for the services rendered in the appeal
of"In Re: 42 Star Island Drive, Miami Beach, FL," Case No. HPSM-13-001, DRB File No. 22936.
PASSED and ADOPTED this 17th day of July 2013.
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CITY CLERK .
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APPROVED AS TO
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T:\AGENDA\2013\July 17\Special Master Resolution 42 Star Island Authority to Pay Mr.Greenberg.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Amending Resolution 2013-28187 to Authorize The Payment Of $2,436.00 To Murray
Greenberg, Esq, As Reasonable Fees And Expenses For The Services Rendered As Special Master In
The Appeal Of"In Re: 42 Star Island Drive, Miami Beach, FL,"Case No. HPSM-13-001, DRB File No.
22936.
Key Intended Outcome Supported:
Protect Historic Building Stock.
Supporting Data (Surveys, Environmental Scan, etc.): In the 2012 Community Satisfaction Survey,
78%of the residents who had sufficient knowledge about historic preservation gave it positive ratings;and
82%of business owners rated the City of Miami Beach's historic preservation efforts as very or somewhat
effective.
Item Summa /Recommendation:
On March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), by its attorney Kent Harrison
Robbins,filed an appeal of the March 6,2013 City of Miami Beach Design Review Board Order on File No.
22936,approving the Application for Design Review Approval for the construction of a new 2-story home,
to replace an existing home constructed prior to 1942, to be demolished, at 42 Star Island Drive. Section
142-108(8)(3) of the Miami Beach City Code, required that this appeal be heard by a Special Master
appointed by the City Commission, in accordance with the procedures set forth in Section 118-537(b)of
the Miami Beach City Code.The Special Master appointed by the City Commission to hear such appeals is
Warren Bittner.
On April 4,2013,Appellant, MDPL,filed a Verified Motion to Disqualify Special Master Bittner. On April 5,
2013, Special Master Bittner ruled that although the Motion to Disqualify was legally insufficient, he would
nevertheless voluntarily recuse himself as"it would be in the best interests for the administration of justice"
and "consistent with Cannon 2 & 3 of.the Florida Code of Judicial Conduct."
On April 17,2013,the City Commission appointed Murray Greenberg, Esq.to serve as the Special Master
on this appeal. The matter came on for hearing before Special Master Greenberg on June 4, 2013, and
Special Master Greenberg having reviewed comprehensive briefs and responses from all parties; having
heard well-presented argument of counsel for all parties;and having reviewed the extensive record below,
entered his Report of Special Master on June 10, 2013. On June 11, 2013, Special Master Greenberg
submitted an invoices for professional services rendered and expenses incurred, listing$2,400.00 for 9.6
hours of service ($250.00/hourly rate) and $36.00 in expenses, for a total due of$2,436.00. The City
Attorney reviewed the invoice submitted by Special Master Greenberg and has determined that$2,436.00
is reasonable compensation for the services rendered and expenses incurred.
Based on the foregoing, it is hereby requested that the City Commission authorize the compensation of
Murray Greenberg, Esq. in the amount of$2,436.00, pursuant to Sections 118-537(b)and 142-108(g)(3)
of the Miami Beach City Code, for the services rendered in the appeal of"In Re: 42 Star Island Drive,
Miami Beach, FL," Case No. HPSM-13-001, DRB File No. 22936.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 $2,436.00 011-0210-000312
OBPI Total $2,436.00
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Rafael E. Granado, City Clerk
Sign-Offs:
Department Director City A ney City qnager
REG JS JM
TAAGENDA\2013Wuly 7\SP IAL MASTE RY 42 R ISLANDAm
A END�1 ITEM a 7y
MIAMMEACH - -
DATE � �7 13
MIAMIBEACH
City of Miami Beath, 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: Jose Smith, City Attor
Jimmy L. Morales, City anager
DATE: July 17, 2013
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, A ENDING RESOLUTION 2013-28187, TO
AUTHORIZE, PURSUANT TO SECTIONS 118-537(B)(3) AND 142-
108(G)(3) OF THE MIAMI BEACH CITY CODE, THE PAYMENT OF
$2,436.00 TO MURRAY GREENBERG, ESQ. AS REASONABLE FEES
AND EXPENSES FOR THE SERVICES RENDERED AS SPECIAL
MASTER IN THE APPEAL OF "IN RE: 42 STAR ISLAND DRIVE, MIAMI
BEACH, FL," CASE NO. HPSM-13-001, DRB FILE NO. 22936.
ADMINISTRATION RECOMMENDATION
Authorize the payment of $2,436.00 to Murray Greenberg, Esq. as a reasonable fees and
expenses for the services rendered in the appeal of "In Re: 42 Star Island Drive, Miami Beach,
FL," Case No. HPSM.
FUNDING
$2,436.00 Funding is available from Account 011-0210-000313.
BACKGROUND
On March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), by its attorney Kent
Harrison Robbins, filed an appeal of the March 6, 2013 City of Miami Beach Design Review
Board Order on File No. 22936, approving the Application for Design Review Approval for the
construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be
demolished, at 42 Star Island Drive.
Section 142-108(8)(3) of the Miami Beach City Code, required that this appeal be heard by a
Special Master appointed by the City Commission, in accordance with the procedures set forth
in Section 118-537(b) of the Miami Beach City Code. The Special Master appointed by the City
Commission to hear such appeals is Warren Bittner, Esq.
On April 4, 2013, Appellant, MDPL, filed a Verified Motion to Disqualify Special Master Bittner.
Mr. Robbins stated that Special Master Bittner is representing the City of Miami, as Deputy City
Attorney, in two preexisting, ongoing and "contentious" litigation cases where Mr. Robbins is the
opposing counsel. For said reasons, Mr. Robbins explained that the MDPL "fears that it will not
receive a fair hearing and determination in the present appeal due to specific prejudice and/or
bias of the Special Master as a result of the ongoing adversarial relationship between its
counsel and Special Master Bittner."
On April 5, 2013, Special Master Bittner issued an order on the Appellant's Verified Motion to
Disqualify, whereby he ruled that although the Motion to Disqualify was legally insufficient on
various grounds, he would nevertheless voluntarily recuse himself as the Special Master in this
appeal as "it would be in the best interests for the administration of justice" and "consistent with
Cannon 2 & 3 of the Florida Code of Judicial Conduct."
On April 17, 2013, the City Commission appointed Murray Greenberg, Esq. to serve as the
Special Master in the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL," Case No.
HPSM-13-001, DRB File No. 22936 (See Resolution 2013-28187). Mr. Greenberg is a member
in good standing of the Florida Bar, and has expertise in the area of historic preservation.
The matter came on for hearing before Special Master Greenberg on June 4, 2013, and Special
Master Greenberg having reviewed comprehensive briefs and responses from all parties;
having heard well-presented argument of counsel for all parties; and having reviewed the
extensive record below, entered his Report of Special Master on June 10, 2013. On June 11,
2013, Special Master Greenberg submitted an invoices for professional services rendered and
expenses incurred, listing $2,400.00 for 9.6 hours of service ($250.00/hourly rate) and $36.00 in
expenses, for a total due of $2,436.00, as fully described and set forth in the itemized schedule
of services and expenses attached hereto as Exhibit A.
The City Attorney reviewed the invoice submitted by Special Master Greenberg and has
determined that $2,436.00 is reasonable compensation for the services rendered and expenses
incurred from April 17, 2013 to June 10, 2013; based on the time and labor required; the novelty
and difficulty of the questions involved; the skill required to perform the services properly; and
Special Master Greenberg's experience, reputation, diligence, and ability.
CONCLUSION
Pursuant to Sections 118-537(b) and 142-108(g)(3) of the Miami Beach City Code,
Compensation for the Special Master appointed to hear appeals of Miami Beach Design Review
Board's orders shall be determined by the City Commission. Based on the foregoing, it is
hereby requested that the City Commission authorize the payment of $2,436.00 to Murray
Greenberg, Esq. as a reasonable fees and expenses for the services rendered in the appeal of
"In Re: 42 Star Island Drive, Miami Beach, FL," Case No. HPSM-13-001, DRB File No. 22936.
JLM/JS/reg
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RESOLUTION NO. 2013-28187
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND APPOINTING,
PURSUANT TO SECTIONS 142-108(G)(3) AND 118-537(B) OF THE
MIAMI BEACH CITY CODE, MURRAY GREENBERG, TO SERVE AS
SPECIAL MASTER, ON THE APPEAL OF "IN RE: 42 STAR ISLAND
DRIVE, MIAMI BEACH, FL", CASE NO. HPSM-13-001, DRB FILE NO.
22936.
WHEREAS, on March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), by its
attorney Kent Harrison Robbins, filed an appeal of the March 6, 2013 City of Miami Beach Design
Review Board Order on File No. 22936, approving the Application for Design Review Approval for the
construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be
demolished, at 42 Star Island Drive; and
WHEREAS, Section 142-108(8)(3) of the Miami Beach City Code, requires that this appeal be
heard by a Special Master appointed by the City Commission, in accordance with the procedures set
forth in Section 118-537(b) of the Miami Beach City Code; and
WHEREAS, the Special Master appointed by the City Commission to hear such appeals is
Warren Bittner, Esq.;'and
WHEREAS, on April 4, 2013, Appellant, MDPL, filed a Verified Motion to Disqualify Special
Master Bittner; and
WHEREAS, on April 5, 2013, Special Master Bittner issued an order on the Appellant's
Verified Motion to Disqualify whereby he ruled that although the Motion to Disqualify was legally
insufficient on various grounds, he would nevertheless voluntarily recuse himself as the Special
Master in this appeal as "it would be in the best interests for the administration of justice" and
"consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct"; and
WHEREAS, the City Attorney's Office has identified and circulated resumes to the City
Commission and counsel for the parties to the appeal for three candidates for appointment, as an
alternate Special Master to replace Special Master Bittner; and
WHEREAS, while all the candidates are eminently qualified to serve, counsel for the parties
have indicated they have no objection to the appointment of Murray Greenberg to serve; and
WHEREAS, the City Attorney's Office has confirmed that Murray Greenberg satisfies the
requirements and expertise to perform as Special Master in this appeal; and
WHEREAS, since Murray Greenberg's appointment is limited to one appeal, his service will
not preclude other attorneys of the law firm in which he serves as Of Counsel, Stearns Weaver, from
appearing before the City Commission or any City Board on any issue, nor would the firm be
prohibited from lobbying or litigating against the City.
EXHIBIT A
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA THAT:
Based on the foregoing, Murray Greenberg is hereby appointed to serve as Special Master, in
the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL", Case No. HPSM-13-001, DRB File No.
22936.
PASSED and ADOPTED this 17th day of April 2013.
A I HERRE BO ER,
y AYOR
.INCORP ORATED:
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
56 E TION
,17 3
rney ate
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