2007-26642 ResoRESOLUTION NO. 2007-26642
A RESOLUTION OF THE MAYOR AND CIT'
THE CITY OF MIAMI BEACH, FLORIDA, RI
WARREN BITTNER, ESQ. TO SERVE AS
FOR APPEALS OF DECISIONS OF THE
PRESERVATION BOARD UNTIL SEPTEMI
UNTIL A SUCCESSOR HAS BEEN APPOIN'
THE COMPENSATION AT $100.00 PEF
MAXIMUM PAYMENT OF $500.00 PER CASE
' COMMISSION OF
-APPOINTING MR.
SPECIAL MASTER
CITY'S HISTORIC
•ER 16, 2010, OR
ED, AND SETTING
HOUR WITH A
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. 2004-25710, the Mayor and
City Commission re-appointed Mr. Warren Bittner, Esq. to serve as Special Master for
appeals of decisions of the City's Historic Preservation Board through July 1, 2007; and
WHEREAS, Resolution No. 2004-25710 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 re-appointed to serve as a Special Master for appeals of decisions of the
City's Historic Preservation Board for a period of three (3) y ars e piring on September
16, 2010, or until a successor has been appointed, and t et hi compensation at the
base rate of $100.00 per hour with a maximum payment $ 00. per case.
PASSED and ADOPTED this 17th day of Sept mb r , 2007.
A~ EST:
~t.t--t~ ~l.'~-L~-~ R
avid Dermer
..
CITY CLERK Robert Parcher
APPROVED A ~O FORM &
UAGE FOR EXECUTION
- ~A, T NEY A
GENDA 7\sep1707 budget\Regular\Warren Bittner-RES rev.doc
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COMMISSION ITEM SUMMARY
V VIIVGIIJGIA 1 I~Ir..
A resolution re-appointing Mr. Warren Bittner, Esq. to serve as Special Master for the City's Historic
Preservation Board.
Key Intended Outcome Supported:
Ensure all historically significant structures, sites, and districts are considered for local designation by the
Commission.
Supporting Data (Surveys, Environmental Scan, etc.): In 2006, out of 2,979 Miami Beach properties
surveyed, 1,528 were designated as Historic Properties.
Issue:
Shall Mr. Warren Bittner, Esq. be re-appointed to serve as Special Master for the City's Historic
Preservation Board until September 16, 2010, or until a successor has been appointed?
item 5ummaryirtecommenaation:
Mr. Bittner has ample experience in historic preservation, as he was legal counsel to the City of Miami
Historic Preservation Board and was the Chair of the Miami Shores Historic Preservation Board.
Furthermore, Mr. Bittner is an attorney for a government entity and 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 with
distinction for the past nine 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.
The Administration recommends approving the resolution.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Bob Parcher, City Clerk
Si n-Offs:
Department Director sistant City Manager ity Manager
T:\AGENDA\2007\sep1707 budget\Regular\War Bittner Item Summary.doc ,
~~ ~ I ~ ~ A~ErtDa irl:M 9- ~-0-7
' r~AT
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~~
Jose Smith, City Attorne ~
DATE: September 17, 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMIS SION OF THE CITY OF
MIAMI BEACH, FLORIDA, RE-APPOINTING MR. WA RREN BITTNER, ESQ.
TO SERVE AS SPECIAL MASTER FOR APPEALS O F DECISIONS OF THE
CITY'S HISTORIC PRESERVATION BOARD UNTIL SEPTEMBER 16, 2010,
OR UNTIL A SUCCESSOR HAS BEEN APPOINTE D, AND SETTING THE
COMPENSATION AT $100.00 PER HOUR WITH A M AXIMUM PAYMENT OF
$500.00 PER CASE.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On October 13, 2004, the City Commission passed Resolution No. 2004-25710, re-
appointing Mr. Warren Bittner, Esq. as Special Master for appeals of decisions of the City's
Historic Preservation Board, for a three year period expiring July 1, 2007, and setting Mr.
Bittner's compensation at $100.00 per hour with a maximum payment of $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 and was the Chair of the Miami Shores Historic Preservation Board.
Furthermore, Mr. Bittner is an attorney with 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 with distinction for the past nine 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.
Jorge Gomez, Planning Director, William Cary, Assistant Planning Director, and Thomas
Mooney, Preservation and Design Manager, support the re-appointment of Mr. Warren
Bittner as Special Master for the Historic Preservation Board appeals.
The Administration recommends that Mr. Bittner be re-appointed for a three (3) year term
expiring on July 1, 2007, or until a successor has been appointed.
JMG/REP
T:\AGENDA\2007\sep1707 budget\Regular\Warren Bittner Commission Memo.doc