98-22778 RESO
RESOLUTION NO. 98-22778
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RE-APPOINTING MR. WARREN BITTNER,
ESQ., TO SERVE AS A SPECIAL MASTER FOR
APPEALS OF DECISIONS OF THE CITY.S HISTORIC
PRESERVATION BOARD AND JOINT DESIGN REVIEW
HISTORIC PRESERVATION BOARD AND SETTING THE
COMPENSATION FOR EACH APPEAL CASE HEARD.
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 and the Joint Design
Review/Historic Preservation Board has been established under
Subsection 19 of the Zoning Ordinance; 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 the Joint Design
Review/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 the Joint Design
Review/Historic Preservation Board; and
WHEREAS, On June 7, 1995, the City Commission appointed Mr.
Warren Bittner to serve as the Historic Preservation Special
Master, for a three (3) year period which expires on July 1,
1998.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
1. 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 and Joint Design Review/Historic
Preservation Boards for a period not to exceed three (3) years
and to set his compensation at $100.00 for each appeal case
heard.
PASSED and ADOPTED this 17th day
of June , 1998.
lJJYOR
ATTEST:
_~u-u d RIA (~
CITY CLERK
TRM:tm
T:\AGENDA\JUN1798\REGULAR\RES-SPMS.WPD
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
,1I;,.t(~/~
C "A may
6/ fttd-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO. 371 - g R
TO:
Mayor Neisen Kasdin and
Members of the City C
DATE: June 17, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A Resoluti n of the Mayor and City Commission of the City of Miami Beach,
Florida, re-Appointing Mr. Warren Bittner, Esq., to Serve as a Special Master
for Appeals of Decisions of the City's Historic Preservation Board and Joint
Design Review Historic Preservation Board and to Set Compensation for Each
Appeal Item.
,.
RECOMMENDATION
The Administration recommends that the City Commission re-appoint Mr. Warren Bittner, Esq., to
serve as a Special Master for appeals of decisions of the City's Historic Preservation and Joint
Design ReviewlHistoric Preservation Boards and to set compensation at $100.00 for each appeal
case heard.
BACKGROUND
On April 14, 1994, the revised Historic Preservation Section of the Zoning Ordinance became
effective and one of the changes in said Section of the Ordinance provided for the appointment of
a Special Master to hear appeals of decisions ofthe City's Historic Preservation and Joint Design
ReviewlHistoric Preservation Boards. Specifically, Section 19-13.B of the Ordinance, regarding
appeals, states that "The Applicant, The owner(s) of a subject property, the City Manager, Miami
Design Preservation League, Dade Heritage Trust, or a party aggrieved by a decision of the Historic
Preservation Board or Design ReviewlHistoric Preservation Board may appeal the Board's decision
to a Special Master appointed by the City Commission".
This section of the Code further states that "Special Masters appointed to hear appeals pursuant to
this Subsection shall be attorneys who are members in good standing of the Florida Bar and have
expertise in the area of historic preservation. Special Masters shall serve terms of three (3) years,
provided however, that they may be removed without cause upon a majority vote of the City
Commission. Compensation for Special Masters shall be determined by the City Commission".
DATE
C.IO
l,-11..98
AGENDA ITEM
On June 7, 1995, the City Commission appointed Mr. Warren Bittner to serve as the Historic
Preservation Special Master.
ANALYSIS
In comparison with the Special Masters appointed to hear code enforcement and licensing 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 them.
With regard to compensation, each individual case heard by the Special Master is not anticipated to
last longer than two (2) hours, as the appeal is not a de novo hearing and no new testimony may be
taken; only the facts as presented at the original public hearing are applicable. Accordingly, a set
payment of $1 00.00 per appeal item should suffice and is similar to compensation provided for other
City Special Masters, given a comparable period of time.
As indicated herein, the Special Master to be appointed by the City Commission must have
experience in the areas of historic preservation and land use law. Mr. Bittner has ample experience
in historic preservation, as he is legal counsel to the City of Miami Historic Preservation Board and
is the Chair of the Miami Shores Historic Preservation Board. Furthermore as Mr. Bittner is an
Attorney for a government entity, he is not expected to have many conflicts of interest which would
prevent him from hearing cases.
Mr. Bittner has served the City of Miami Beach exceptionally 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.
CONCLUSION
The Administration recommends that the City Commission re-appoint Mr. Warren Bittner, Esq., to
serve as a Special Master for appeals of decisions of the City's Historic Preservation Board and Joint
Design ReviewIHistoric Preservation Board and to set compensation at $100.00 for each appeal
case heard.
SR~~TRM
F:\PLAN\SALL\CC _MEMOS\CM-HSPMS. WPD
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
CLERK OF THE SPECIAL MASTER
TELEPHONE:
FAX:
June 18, 1998
Warren Bittner, Esq.
10108 N.E. First Avenue
Miami Shores, Florida 33138
\JJ~
Dea~.~ner.:
Congratulations! At the June 17, 1998 Commission meeting City Manager Sergio
Rodriguez recommended, and the Mayor and City Commission approved, your
reappointment to serve as Special Master for appeals of decisions of the City's Historic
Preservation and Joint Design Review/Historic Preservation Boards.
Your appointment will be for a three-year period beginning on July 1, 1998 at a rate of
$100.00 for each case heard.
If you have any question, please call me at (305) 673-7411.
Sincerely,
~f PCNccL
Robert E. Parcher
City Clerk
cc: Sergio Rodriguez, City Manager
kah
-
(305) 673-7181
(305)673-7254
CITY OF MIAMI BEACH, FLORIDA
DATE:
June 19, 1998
TO:
FROM:
Jacqueline Gonzalez, Director
Parking DePartment
R'e~. ~k
City Clerk's Office
SUBJECT:
CITY HALL TEMPORARY PARKING PERMIT FOR SPECIAL MASTER
At the June 17,1998 Commission meeting, Mr. Warren Bittner was reappointed to
serve as Special Master for appeals of decisions of the City's Historic Preservation and
Joint Design Review/Historic Preservation Boards for a period of three years. beginning
on July 1. 1998.
Please issue Mr. Bittner a City Hall parking permit accordingly.
Please send the parking permit interoffice to Kerry A. Hernandez, Clerk of the Special
Master, City Clerk's Office. Ms. Hernandez extension is 6541.
Thank you for your assistance.