C7G-Re-Appoint Warren Bittner To Serve As Special Master For Appeals Of HPBCOMMISSION ITEM SUMMARY
· n reappointing Mr. Warren Bittner, Esq. to serve as Special Master for the City
·on Board.
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 Summary/Recommendation:
Mr. Bittner has served the City of Miami Beach with distinction for the past 18 years in his capacity as
Special Master to the City's Historic Preservation Board. 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.
Mr. Bittner has ample experience in historic preservation, as he was legal counsel to the City of Miami
Historic Preservation Board, was the Chair of the Miami Shores Historic Preservation Board and has been
the recipient of the Dade Heritage Trust Annual Historic Preservation Award (1994-1 995) for individual
service. Mr. Bittner has demonstrated progressively responsible experience in his legal career with the City
of Miami, advancing from Assistant City Attorney to his present position of Deputy City Attorney.
The Administration recommends that Mr. Bittner be reappointed for a three (3) year term expiring on
September 16, 2016, and setting his compensation at $100.00 per hour with a maximum payment of
$500.00,
Board Recommendation:
Financial Information:
Source of Amount
Funds: 1 $1 00.00/hour 011-0210-000312
maximum $500 per
case. ,. 2
3
OBPI Total $500.00 011-0210-000312
Financial Impact Summary:
Clerk's Office Le islative Trackin
Si n-Offs:
Department Director ity Attorney
REG
Ml MIBEA H 250
Account
JM
AGENDA JTEM _C-_7_(;-__
DATE 7-/7-13
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Matti Herrera Bower and
FROM:
Jose Smith, City AttorneY
C.
DATE: July 17, 2013
COMMISSION MEMORANDUM
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REAPPOINTING MR. WARREN BITTNER, ESQ. TO
SERVE AS SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE
CITY'S HISTORIC PRESERVATION BOARD UNTIL SEPTEMBER 16,2016,
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 October 27, 2010, the City Commission passed Resolution No. 2010-27524,
reappointing 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, 2013, and
setting Mr. Bittner's compensation at$100.00 perhourwith a maximum paymentof$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, was the Chair of the Miami Shores Historic Preservation Board and has
been the recipient of the Dade Heritage Trust Annual Historic Preservation Award ( 1994-
1995) for individual service. Mr. Bittner has demonstrated progressively responsible
experience in his legal career with the City of Miami, advancing from Assistant City Attorney
to his present position of Deputy City Attorney. A copy of Mr. Bittner's resume is attached
hereto.
251
Mr. Bittner has served the City of Miami Beach with distinction for the past 18 years in his
capacity as Special Master to the City's Historic Preservation Board. 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.
Richard Lorber, Acting Planning Director, William Cary, Assistant Planning Director, and
Thomas Mooney, Preservation and Design Manager, support the reappointment of Mr.
Warren Bittner as Special Master for the Historic Preservation Board appeals.
During his present appointment as Special Master, Mr. Bittner was called upon three times
to preside over appeals; one of which, 42 Star Island Drive where he ruled that although the
Motion to Disqualify him 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."
The Administration recommends that Mr. Bittner be reappointed for a three (3) year term
expiring on September 16, 2016, and setting his compensation at $100.00 per hour with a
maximum payment of $500.00 per case.
JM/JS/REG
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252
Legal:
1985-86
1980-83
Undergraduate:
1977-80
1977-80
1976-77
1972-76
Jul 08-date
Miami Shores, 33138
(305) 416-1813
Tulane University of
Louisiana, Law School
New Orleans, LA
University of Miami
School of Law
Coral Gables, FL
University of Miami
Coral Gables, FL
University of Miami
Coral Gables, FL
Villanova University
Villanova, PA
Valley Forge Military Academy
Wayne, PA
LL.M. in Admiralty
J.D.
(Mathematics)
B.A. (Anthropology)
H.S. Diploma
Deputy Attorney, City of Miami, City Attorney's
Office, Miami, FL -supervisor of all litigation involving
the City of Miami, including tort, commercial, civil
rights, labor & employment, and land use; Direct
supervisor of Litigation Division (6 ACAs) and
Labor /Employment Division (5 ACAs); litigation
practice in state and federal court in the areas of: (a)
police-related civil rights (1st, 4th & 14th Amendments)
and torts; (b) maritime law; (c) medical malpractice
(Fire-Rescue related); (d) land use (outdoor advertising
253
Jun 01-Jul 08
Nov 89-Jun 01
Sept 86-Nov 89
Florida;
and adult entertainment); (e) commercial
(landlord/tenant); (f) class actions; and (g) government
financing and taxation (ex: Braman challenge to Marlins
Stadium and Parking Garage).
Assistant Attorney, Division , City of Miami,
City Attorney's Office, Miami, FL -direct supervisor of
the Litigation Division (7 A CAs); litigation and appellate
practice concentrating in civil rights, medical
malpractice, commercial, land use and class actions, in
both state and federal court.
City City of Miami, City Attorney's
Office, Miami, FL varied municipal practice
concentrating in litigation and appeals of state tort,
federal civil rights, medical malpractice, land use, code
enforcement, commercial and general municipal issues;
served as counsel to City's Historic Preservation Board
for several years.
Lillick McHose & Charles, San Francisco, CA-
(comprehensive maritime litigation and appellate
practice concentrating in personal injury and death,
carriage of goods by sea, maritime liens, charter parties,
marine insurance, commercial law and arbitration;
pioneered expansion of firm's maritime litigation
practice into new branch office in Long Beach, CA (firm
now known as Lillick & Charles).
United States District Court, Southern District of Florida;
United States Court of Appeals for the Eleventh Circuit;
United States Supreme Court
Clann Bell & Murphy 1986 Admiralty Writing Competition;
Dade Trust Annual Historic Preservation Award (1994-
1995), for Individual Service;
Nominee, City of Miami "Outstanding Employee of the Year" (1998);
Finalist, Daily Business Review's "Most Effective Lawyers 2009",
Complex/Business Litigation Category.
254
"The Validity and Effect of Choice of Law Clauses in Marine Insurance
Contracts," 53 Ins. Counsel J. 573 (1986);
"The Louisiana Removal of Sunken Vessels Act of 1985-A Look at State Wreck
Removal Statutes in Perspective," 11 Maritime Lawyer 49 (1986).
Speaker, 1995 Planning Workshop for Local Government Board
Members, The South Florida Chapter of The Florida Planning & Zoning
Association (14 Oct 1995);
2008 PERF Conference, "Sue the Police: A View from the Lawyers'
Bench" (26 Apr 2008).
1995 -date Special Master, City of Miami Beach, FL (appointed by City
Commission to hear appeals from decisions of City's Historic
Preservation and Design Review Boards
1991-2002 Board Member Miami Shores Village Historic
Preservation Board -review of applications for historic
designation and certificates of appropriateness (elected
Chairman 1993)
1993-1995 Author and Proponent, Historic Cuban Tile Amendment to
South Florida Building Code [ s. 104.11 ][now incorporated into
Florida Building Code] -permits and encourages the salvage
and reuse of Historic Cuban roof tile.
1993-1996 Member and Chair, Florida Bar Grievance
Committee 11 "F";
1987-1992 Assisted national civil rights organization, as primary
cooperating attorney, appeal decision of State of Wisconsin
denying health insurance benefits to long term domestic
partner of Wisconsin State Employee (where statutory
255
prohibition existed against discrimination on the basis of
sexual orientation) to the Wisconsin Personnel Commission,
then to the Wisconsin Circuit Court, and finally to the
Wisconsin Court of Appeals. Result: Denial of Benefits
AFFIRMED. Phillips v. Wisconsin Personnel Com'n, 482 N.W. 2d
121 (Wis. Ct. App. 1992);
1985-1987 Assisted indigent pro se federal inmate incarerated in Alabama
in appealing order of Michigan Probate Court terminating his
parental rights in minor child for failure to pay support.
Result: Termination Order REVERSED. Matter of Fernandez,
399 N.W. znd 459 (Mich. Ct. App. 1987).
Julie 0. Bru, City Attorney
City of Miami
Office of the City Attorney
Miami Riverside Center, Suite 945
444 S.W. znd Avenue
Miami, FL 33130-1910
(305) 416-1800
Alejandro Vilarello, Esq.
Alejandro Vilarello, P.A.
16400 N.W. 59th Ave., FL 2
Miami FL 33014-5602
(305) 827-5665 x148
256
Ronald J. Cohen, Esq.
Ronald J. Cohen, P.A.
8100 Oak Lane
Suite 403
Miami Lakes, FL 33016-5876
(305) 823-1212
Thomas J. Scott, Esq.
Cole, Scott & Kissane, P.A.
9150 S. Dadeland Blvd., Ste 1400
Miami, FL 33156-7855
(305) 350-5300
RESOLUTION NO •. ______ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING MR. WARREN
BITTNER, ESQ. TO SERVE AS SPECIAL MASTER FOR APPEALS OF
DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD
UNTIL SEPTEMBER 16, 2016, 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. 2010-27524, the Mayor and City
Commission reappointed Mr. Warren Bittner, Esq. to serve as Special Master for appeals of
decisions of the City's Historic Preservation Board through September 16, 2013; and
WHEREAS, Resolution No. 2001-24452 originally 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 reappointed 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, 2016, and setting
his compensation at the base rate of $100.00 per hour with a maximum payment of $500.00 per
case.
PASSED and ADOPTED this __ day of----------' 2013.
ATTEST:
Rafael E. Granado, City Clerk
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257
Mayor Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
· & FOR EXECUTION