| | | | | | | |  | Resolutions - C7 M
COMMISSION MEMORANDUM |
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| | | | | | | | | 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), FOR A TERM OF THREE (3) YEARS. |
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| | | | | | | | RECOMMENDATION
| | Appoint Miriam Maer to serve as a Special Magistrate for appeals of decisions of the City's Historic Preservation Board. |
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| | | | | | | | 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 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 FIU, 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.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhance Historic Preservation Process |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | 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. |
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| | | | | | | | Applicable Area
| | Not Applicable |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning/Office of the City Attorney |
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