Resolution 2022-32192 RESOLUTION NO. 2022-32192
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPOINTING MIRIAM MAER TO SERVE AS
A SPECIAL MAGISTRATE FOR APPEALS OF DECISIONS OF THE
HISTORIC PRESERVATION BOARD, PURSUANT TO CITY CODE
SECTION 118-9(c)(2)(A), FOR A TERM OF THREE (3)YEARS.
WHEREAS, pursuant to City Code Section 118-9(c)(2)(A)(i), appeals of decisions of the
Historic Preservation Board (as to Certificate of Appropriateness) are heard by the City's Historic
Preservation Special Magistrate; and
WHEREAS,' Historic Preservation Special Magistrates shall be "attorneys who are
members in good standing of the Florida Bar and have expertise in the area of historic
preservation," and "shall serve terms of three years"; and
WHEREAS, Miriam Maer is uniquely qualified, based upon her professional experience,
to serve as a Historic Preservation Special Magistrate; and
WHEREAS, Ms. Maer served in the Miami City Attorney's Office for 23 years, including
as Chief Assistant City Attorney; and
WHEREAS, Ms. Maer represented the City of Miami on matters pertaining to planning
and zoning, historic preservation, code enforcement, procurement, public works, real estate, and
a range of other municipal law issues; and
WHEREAS, Ms. Maer has served as Chair of the Florida Bar City, County, and Local
Government Law Section, and as Co-Chair of its initial City/County Local Government Law
Certification Committee; and
WHEREAS, for the reasons set forth herein, the Mayor and City Commission hereby find
that Ms. Maer is duly qualified to serve as Historic Preservation Special Magistrate.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that Miriam Maer is hereby appointed to serve as a
Special Magistrate for appeals of decisions of the Historic Preservation Board, pursuant to City
Code Section 118-9(c)(2)(A), for a term of three (3) years, expiring on June 22, 2025; provided,
further, that Ms. Maer shall be compensated at the rate of$175.00 per hour.
PASSED and ADOPTED this as day of /twi - , 2022.
ATTEST: /4121-________
/
JUN 3 2022 Dan Gelber, Mayor
Rafael . G ado, City Clerk APPROVED AS TO FORM AND
LANGUAG D FO EXECUTION
City Attorney `V Date
Resolutions-C7 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 22, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPOINTING MIRIAM MAER TO SERVE AS
A SPECIAL MAGISTRATE FOR APPEALS OF DECISIONS OF THE
HISTORIC PRESERVATION BOARD, PURSUANT TO CITY CODE
SECTION 118-9(C)(2)(A), FORA TERM OF THREE (3)YEARS.
RECOMMENDATION
Appoint Miriam Maer to serve as a Special Magistrate for appeals of decisions of the City's
Historic Preservation Board.
ANALYSIS
Pursuant to City Code Section 118-9(c)(2)(A)(i), appeals of decisions of the Historic
Preservation Board (as to Certificates of Appropriateness) are heard by the City's Historic
Preservation Special Magistrate.
The City Code requires that Historic Preservation Special Magistrates be "attorneys who are
members in good standing of the Florida Bar and have expertise in the area of historic
preservation." City Code Section 118-9(c)(2)(A)(ii). Historic Preservation Special Magistrates
shall serve terms of three years; provided, however, that they may be removed without cause
upon a majority vote of the City Commission.
On November 18, 2020, the City Commission appointed Craig H. Coller to serve as a Special
Magistrate for the Historic Preservation Board. Mr. Coller's term expires on November 18,
2023. Due to an unusually large number of pending appeals, the appointment of a second
Special Magistrate is necessary to continue to process cases on a timely basis.
Upon the City Attorney's determination that Miriam Maer is qualified to serve as a Special
Magistrate pursuant to City Code Section 118-9(c)(2)(A)(ii), and my concurrence in such
determination, I am recommending that the City Commission appoint Ms. Maer to serve as a
Special Magistrate for appeals of decisions of the Historic Preservation Board.
Ms. Maer has extensive experience as a local government attorney, having served in the Miami
City Attorney's Office for 23 years, including as Chief Assistant City Attorney. Ms. Maer
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represented the City of Miami on matters pertaining to planning and zoning, historic
preservation, code enforcement, procurement, public works, real estate, and a range of other
municipal law issues.
Since retiring from the Miami City Attorney's Office, Ms. Maer serves as Special Counsel to
municipalities on matters relating to zoning, land use, code enforcement, legislation, and general
municipal law. Ms. Maer also advises private clients regarding planning, zoning and land use
issues, and other local government matters.
Ms. Maer has served as Chair of the Florida Bar City, County, and Local Government Law
Section, and as Co-Chair of its initial City/County Local Government Law Certification
Committee. Ms. Maer was Florida Bar Board Certified in City/County Local Government Law
from 1996 until 2016.Additionally, Ms. Maer served as Chair of the State-wide Florida Planning
and Zoning Association(FPZA)and of its South Florida Chapter.
Ms. Maer has also taught Planning Law and Ethics (graduate program) as adjunct professor at
F I U, and has lectured at Florida Bar seminars and other professional conferences. Ms. Maer
holds a Juris Doctor degree from the University of Miami School of Law, and a Bachelor of Arts
degree from Florida Atlantic University. A copy of Ms. Maer's resume is attached to this
Memorandum.
Consistent with the compensation for the City's code enforcement special magistrates, Ms.
Maer is proposed to be compensated at the rate of$175.00 per hour.
SUPPORTING SURVEY DATA
Enhance Historic Preservation Process
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
Ms. Maer is uniquely qualified, based upon her professional experience, to serve as a Historic
Preservation Special Magistrate. The City Attorney and I therefore recommend that Ms. Maer
be appointed for a term of three (3)years, pursuant to the City Code,which term shall expire on
June 22,2025.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Trackina
Planning/Office of the City Attorney
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ATTACHMENTS:
Description
o Resume
o Resolution
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G.MIRIAM MAER
Attorney at Law
1750 Chucunantah Road
Coconut Grove,Florida 33133
(786)208 7129
GMHAUKE@GMAIL.COM
Attorney with more than 20 years of experience practicing local government law
with the City of Miami City Attorney's Office, including serving as Chief Assistant
City Attorney for Land Use and Zoning.
PROFESSIONAL EXPERIENCE
2003 to present: Areas of practice include general practice, with emphasis on city, county and
municipal law. Special Counsel to municipalities on matters relating to zoning, land use, code
enforcement, legislation, and general municipal law. Advise and represent private clients regarding
planning,zoning and land use issues and other matters of local government.
1977—1980; 1983—2003: CITY OF MIAMI,CITY ATTORNEY'S OFFICE
Chief Assistant City Attorney;Assistant City Attorney
• Planning/Zoning/Code Enforcement: Defended the City against challenges to its land use
decisions; Drafted legal opinions and memoranda and researched evaluated and counseled
clients (elected officials, appointed board members, City Manager's Office, Department
directors,staff,and at times,members of the public)regarding innumerable land use and zoning
issues and land use permit applications; attended hundreds of public hearings, staff meetings,
agenda review sessions, and administrative and judicial proceedings; drafted legislation for a
wide variety of municipal matters, including, inter alia, zoning ordinances, and city codes;
• Contracts/procurement: Drafted new procurement code; drafted debarment regulations;
prepared and reviewed City contracts; counseled City regarding Cone of Silence; counseled
City clients regarding bid disputes and bid protests; represented City officials before Miami-
Dade County Commission on Ethics;
• Public Works: Drafted legislation,counseled and defended City against challenges relating to
platting, alley and street closures, rights of way and professional consultant contracts;
drafted/evaluated contracts, and related issues, represented City before State of Florida
Construction Industry Advisory Board;
• Real Estate: Represented and counseled the City and its authorities and agencies in
planning/soliciting/awarding bids and implementing development of major projects on City-
owned land,including post-development issues relating to contract interpretation and revenue
collection. Such projects included: Bayside Specialty Center, Bayfront Park Redevelopment,
Miami Arena and Watson Island projects.
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G. Miriam Maer
Page 2
• Municipal law: Advised administration and commission on various legal issues; served as
counsel to and represented most major city boards, authorities, committees and councils, both
quasi-judicial and advisory, including, inter alia, Miami City Commission, Zoning Board,
Planning Advisory Board, (now, the Miami Planning, Zoning and Appeals Board); Historic
and Environmental Preservation Review Board, Plat & Street Committee, Off Street Parking
Authority,Coconut Grove Parking Trust(now,Coconut Grove BID),Downtown Development
Authority (DDA), Bayfront Park Management Trust, Mayor's Council for Arts and
Entertainment, Solid Waste Committee; Miami Sports and Exhibition Authority; represented
City at judicial and administrative levels in matters arising from Board decisions; prepared
legal opinions and legal memoranda. Represented City and Off-Street Parking Authority in
the drafting, interpretation and implementation/enforcement of the City's Parking Trust Fund.
Represented City before various other governmental boards and agencies at state and county
level.
Admitted to the Florida Bar in 1977,Ms.Maer served as Chair of its City,County and Local Government
Law Section,co-chaired its initial City/County Local Government Law Certification Committee(Florida
Bar Board Certified in City/County Local Government Law from 1996 until 2016); served as Chair of
the State-wide Florida Planning and Zoning Association(FPZA)and of its South Florida Chapter;taught
Planning Law and Ethics (graduate program) as adjunct professor at FIU, and served as lecturer at
Florida Bar seminars and other professional conferences.
EDUCATION
UNIVERSITY OF MIAMI, SCHOOL OF LAW, cum laude,J.D., 1977
FLORIDA ATLANTIC UNIVERSITY,cum laude;Faculty Scholar, B.A. (English), 1974.
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