Loading...
2017-29725 Reso RESOLUTION NO. 2017-29725 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING JOHN C. DELLAGLORIA, ESQ. TO SERVE AS A SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD FOR A ONE YEAR PERIOD, ENDING MARCH 10, 2018 WITH RENEWAL OPTIONS, AND SETTING THE COMPENSATION AT $150.00, PER HOUR, WITH A MAXIMUM PAYMENT OF $750.00, 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 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, John Dellagloria, is a uniquely qualified individual, based upon his experience with the City Code, and in particular, with the City's historic preservation code, and as a practicing attorney, and former City of Miami Beach Chief Deputy City Attorney, is able to review decisions rendered by the Historic Preservation Board; and WHEREAS, the City has established compensation for the position at a rate of $150.00, per hour, with a maximum payment of$750.00, per case; and WHEREAS, the City may hire more than one historic preservation special master, and it is important for the City to ensure that the City has more than one historic preservation special master to ensure an unbiased review process. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mr. John Dellagloria, is hereby reappointed to serve as a Special Master for appeals of decisions of the City's Historic Preservation Board for a one (1) year period, expiring on March 10, 2018 with renewal options and setting his compensation at the base rate of $150.00, per hour, with a maximum payment of $750.00, per case. PASSED AND ADOPTED this 8th day of February 2017. / ATTEST: • Raf-el E. Granado, C'y CI- k � ' y :,hilip evir.4, Mayor, APPROVED AS TO• * FORM &LANGUAGE INCORP ORATED: g FOR EXECUTION • T:IAGENDA1201712-February\City Clerk\John D ag1gtia.rgAppgintment?�3c�C (-3c-- ( City Attorney Date Resolutions - C7 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: February 8, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING JOHN C. DELLAGLORIA, ESQ. TO SERVE AS A SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD FOR A ONE YEAR PERIOD, ENDING MARCH 10, 2018 WITH RENEWAL OPTIONS, AND SETTING THE COMPENSATION AT $150.00, PER HOUR, WITH A MAXIMUM PAYMENT OF $750.00, PER CASE. RECOMMENDATION Reappoint Mr. John C. Dellagloria, Esq. to serve as Special Master for appeals of decisions of the City's Historic Preservation Board. ANALYSIS 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 decisions of the Historic Preservation Board to a Special Master appointed by the City Commission. Pursuant to Miami Beach City Code Section 118-537(b)(3), the Special Masters appointed to hear such appeals 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. On the determination of City Attorney Raul J. Aguila that John C. Dellagloria possesses the knowledge, skills and attributes to perform as a Special Master pursuant City Code Section 118- 537(b)(3), and my concurrence with such determination, I am recommending Mr. Dellagloria's reappointment as the Special Master for Appeals of Decision of the City's Historic Preservation Board for an additional term of one year. Mr. Dellagloria began serving in this position on March 12, 2015; he was reappointed in 2016 for an additional one-year term ending on March 10, 2017. If reappointed, Mr. Dellagloria will be the Special Master appointed to hear appeals of decisions of the City's Historic Preservation Board. Page 259 of 873 Mr. Dellagloria also serves as the General Counsel for the Palm Bay Community Redevelopment Agency; a position he has held since October 2007. Mr. Dellagloria also served as General Counsel to the South Miami Community Redevelopment Agency and to the Miami Beach Housing Authority. Mr. Dellagloria has vast municipal experience, having served as City Attorney for the City of North Miami from November 1995 to October 2004. Mr. Dellagloria also served as Chief Deputy City Attorney for the City of Miami Beach, City Attorney for South Miami and Deputy City Attorney for the City of North Miami Beach. Mr. Dellagloria is a faculty member at the University of Miami School of Business, teaching undergraduate and graduate sections of Business Law and Real Estate Law. In 2004, Mr. Dellagloria received the Excellence in Teaching Award at the University of Miami. Mr. Dellagloria received his Juris Doctorate from the University of Miami School of Law in 1979; and a Bachelor of Arts in English Literature form the State University of New York at Binghamton in 1976. Mr. Dellagloria is the recipient of numerous professional awards, and is the co-author, with the Honorable Alan R. Schwartz, Chief Judge of the Third District Court of Appeal, of the 1980 Supplement to Productions Liability in Florida. A copy of Mr. Dellagloria's curriculum vitae is attached hereto. CONCLUSION Mr. Dellagloria is a uniquely qualified individual, based upon his experience with the City Code, and in particular with the City's Historic Preservation Code. As a practicing attorney, and former City of Miami Beach Deputy City Attorney, Mr. Dellagloria is able to review decisions rendered by the Historic Preservation Board. Based on Mr. Dellagloria's knowledge, skills and attributes the City Attorney and I recommend that Mr. Dellagloria be reappointed for a one (1) year term, expiring on March 10, 2018; and setting his compensation at $150.00 per hour with a maximum payment of $750.00 per case. FINANCIAL INFORMATION In FY 2016, there were no such HPB appeals, and no payments were made to the Special Master. Amount 1 $150.00/hour Account 1 011-0210-000312 maxi mum $750.00 per case. Legislative Tracking Office of the City Clerk/Office of the City Attorney Page 260 of 873 ATTACHMENTS: Description ❑ Resume ❑ Resolution • Page 261 of 873 JOHN C. DELLAGLORIA Professional Experience John C. Dellagloria, P.A. October 2004—Present Full-Time Faculty University of Miami January 1982-December 2013 Undergraduate and Graduate sections of Contract Law and Real Estate Law, School of Business • Recipient of the 2004 Excellence in Teaching Award. City of Miami Beach General Master April 2015-present Historic Preservation Board • General Counsel, Palm Bay Community October 2007-May 2011 Redevelopment Agency City Attorney, City of North Miami November 1995- October 2004 General Counsel, South Miami Community Redevelopment Agency October 1999 - February 2002 General Counsel, Miami Beach Housing Authority January 1997 - July 2000 Chief Deputy City Attorney, City of Miami Beach March 1990 - February 1996 City Attorney, City of South Miami December 1986 - May 1990 Deputy City Attorney, City of North Miami Beach January 1983 - December 1986 Senior Associate, Cassel & Cassel, P.A. March 1981 - January 1983 Law Clerk, Honorable Alan R. Schwartz February 1980 -March 1981 Chief Judge, Third District Court of Appeal Education • University of Miami School of Law J.D., 1979 Recipient: Book Award: Conflict of Laws: Spring 1978 • Page 262 of 873 it Book Award:' Advanced Criminal Procedure: Spring 1978 Book Award: Insurance Law: Summer 1978 State University of New York at Binghamton B.A. English Literature, 1976 Professional Activities Co-Author, with the Honorable Alan R. Schwartz, Chief Judge Third District Court of Appeal of Florida Supplement to Products Liability in Florida (1980) (Continuing Legal Education outline se- ries) AV Martindale Hubble Rating • Alumnus Member, Eugene P. Spellman American Inn of Court 2004; Excellence in Teaching Award, U. of Miami School of Business 2004, 2005 Top Government Lawyer, South Florida Legal Guide • Who's Who in American Law Who's Who in America • Who's Who in American Education Lecturer,University of Miami L.L.M. Real Property Program Lecturer,Florida Bar, Government Law Section Moderator, Rachlin, Cohen& Holtz, Annual Government Law Symposium Personal: Married to Marilyn C. Dellagloria; two children, Rebecca and Caitlin. 2 • Page 263 of 873