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Home My WebLink AboutReso 2016-2521 RESOLUTION NO. 2016 -2. 2, I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REAPPOINTING RAFAEL E. SUAREZ-RIVAS, ESQ. AND ELLEN LAVIN, ESQ., AND APPOINTING CRAIG H. COLLER,ESQ.AS SPECIAL MASTERS,FOR A PERIOD OF ONE YEAR, IN ACCORDANCE WITH SECTION 14-3 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 14-3 of the Code of Ordinances of the City of Sunny Isles Beach provides that appointments of Special Masters shall be made by the City Manager,as needed,on the basis of experience for a term of one year; and WHEREAS, said Section 14-3 of the City Code provides that appointments shall be submitted to the City Commission for ratification; and WHEREAS, Rafael E. Suarez-Rivas, Esq., and Ellen Lavin, Esq. were previously re- appointed last year as Special Masters (resumes attached); and the City being satisfied with their excellent work as Special Masters desires to reappoint them; and WHEREAS,Craig H. Coller,Esq.has extensive experience in administrative,zoning,land use, municipal, and governmental law and served as the Chief of the Zoning, Environmental, and Land Use Section from 2011 to 2015;Miami-Dade County Attorney's Office,from 1979 retiring in 2015, and served as Assistant County Attorney (resume attached); and WHEREAS,the City Manager desires to reappoint Rafael E. Suarez-Rivas and Ellen Lavin, and appoint Craig H. Coller as Special Masters for the City of Sunny Isles Beach. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Reappointments/Appointment of Special Masters. The City Manager's reappointments of Rafael E. Suarez-Rivas,Esq.,and Ellen Lavin,Esq.,and appointment of Craig H. Coller, Esq. as Special Masters for a period of one year, are hereby approved by the City Commission, in accordance with Section 14-3 of the City Code. Section 2. Effective Date. This Resolution shall become effective upon passage. PASSED AND ADOPTED this 18th day of February 2016. George . Scholl, Mayor R2016-Special Master Appointments Page 1 of 2 , ATTEST. - . ' . . iailkst i '1 11\1-. ..- (1-4^•—aii—D- 'c.,Tan ,A.A. Hines, MMC, City Clerk . APPROV _C •• S TO FORM AND .G/`i UFFICIENCY: Al'abilli H 7•'v not, City Attorney Moved by: C..0 w COO L ball 1 Seconded by: \(CO2, GAI TD Vote: 5-b Mayor Scholl ✓(Yes) (No) Vice Mayor Gatto V(Yes) (No) Commissioner Aelion ✓(Yes) (No) . Commissioner Goldman (Yes) (No) Commissioner Levin ✓(Yes) (No) R2016-Special Master Appointments Page 2 of 2 Rafael.E. Suarez-Rivas, Esq. .4766-Alton Road ..•Miami Beach, Florida (305)-6749546 Hbine (786)368-6797 Cellular suarezrivasr@bellsouth.net AREASOF Florida•Bar Board Certified—City, County and Local Government Law PROFESSIONAL Land Use/Real Estate Law and Litigation CONCENTRATION ProctirernentLaw CornmerciattaW—Public Works and Contracts LEGAL EXPERIENCE City of Miami,Florida, Assistant City Attorney, 2002-present • BrovVanIcOuntyfifating;Offieerii-20007 . _ • City'of.14611Y06d;TIorida;•Sehitir Assistant City Attorney, 1999-;2002 • City of13Oca.:RatOri, Florida Special Counsel 1999 BrowarcFCciuntY,.Assistant County Attotney;19921998 Katz,Kiitter-;SHaigler&Alderman,-Associate, 199J71992 City of Miramar, Florida, City-Ationey,_)98.9-1991 _ City of Miani4Florida, Assistant City Attorney,:1985-1989 City of Miaiiii4eacii.;Tloricia; Assistant City AttOrney, 1982-1985 Britton; Cohen,.ga-uffrnati;'BenSon; 4-,Scharitz, Associate, 1981-1982 MichaelN WeiSsEsti..,7AsSoCiatei.1-980. United States-AttOrney's offite, CivilDivision, Clerk 1979 ACTIVITIES Lecturer, Procurement and•PUblicReCOrds/Sunshine Law, Lorman Edi.Catibtia1Systenis•,--2001.-,present • Recipient;T:De.bOtali1M:SrifoOt Memorial Editor's Award; • Floarida00,i6orn'ai;:f99$ Member,Centtali'iatidaStlEtlitOpean:L*Initiative, AirierialWA,ROiation; 097-1998 Adjuncf,14rOfeSSOrgbiltiiiiiinateg0:Eddcation Program Florida ylotigoi4jt poiyet§ity;.Miami,Florida 1994-1997 Editor ii-kCiiietAtirtH4iid150Okr.for'Dade County Lawyers Association,Pub 1990 Editorial BOard•-Meniber,7:•F:IOridaBar Journal, 1989-2002, 2005 present Boatd.ofEditotS;:ThePublie j'.:JaWyeri•-1994-199.5. . . . . Member,Local Goveiiiment Law Section Executive Council Thef lotida-Bar;.1992--1994 Editor, Dade:Bat Bulletin, 1987-1988 • Member,'Editorial Advisory COmmittee, Local Government Law • • • • Symposium,Stetson Law Review, 1987.199 ' _ • ••••..•. : , PROFESSIONAL - Florida Bar Association, member since 1980 •- - ASSOCIATIONS - -American Bar Association, member • . • Dade County Bar ASsociation, member - • • • Cuban-American Bar Association, member • EDUCATION Nova University Law Center,Juris Doctor, 1979 • • • University Of Miarrii, Bachelor of Arts, 1976 . . REFERENCES: Daniel L. Abbott, Weiss, Serota, Ft. Laud, Florida • . • Lucia A:Dougherty,Esq.;Greenberg, Traurig,Miami Florida • • Writing saMples aild additional references available upon request. . • Rafael E. Sfiarez-Rivas, Esq. 4766 Alton_Road Miami Beach ,Florida 33140 (305) 674-9546 Home (786) 3_68-6797 Cellular suarezrivagr@bellsouth.net Joel E. Maxwell, Esq., Akerman, Senterfitt, Miami, Florida Writing samples and additional references available upon request. Ellen:Lavin, Attorney At Law h: 305-935-0195..c: 612-385-4488 ellenlavin@ayahoo.com 17555 Collins Avenue, #1205 Sunny Isles Beach Fl 33160 Objective To use my legal,administrative and govern mental experience;_strong communication skills,and interest in local government to make:a positive contribution=to:my community. - RelevantSkills. • COMMUNICATION:,Excellent written and.verbal•communication:skills. • PROJECT MANAGEMENT:Outstanding,self-motivated project manager with-extensive history of navigating:detailed projects from mceptionto completion Forty years of demonstrated•capability"in managing assistants and volunteers. • MEDIATION 'Skilled group mediator,,labor arbitrator,and hearing officer. • STRONG BACKGROUND IN LOCAL GOVERNMENT. Professional Experience Field & Stream Licenses Company,Plymouth MN 1996 2002 • in:hOttelegat counsel providing services;relating tolitigation,real estate:and human resources: • Negotiated purchases;,sales°and leases relating to commercial real estate. Human Resources Manager involved in.personnel.decisions=and'the processing of employee hiring,benefits,.payroll,• termination•and'COBRA. City 6010131d411441".0:-01.14.0.13!Council Mernber, Hopkins,MN 1981 -.1987 " Supervisedthe operarion and management of the City of Hopkins,comprised of 92 employee_s,and.16000 residents. Determined=the annual city:budget: Set=goals and objectives for the Council and Manager. Hued the city Manager and the City Attorney,as'well as consultant specialists. Chaired the City councilmeetings: • Lobbied and testified at the State-Legislature,the Hennepin County Commission;and the Metropolitan=Council. Hosted a local cable network television show interviewing subjects about topics of local:interest: = Participated andTfacilitated numerous community-meetuig`s with l usiness::leaders coinmunity-activists.senior citizens; • residential groups;school:districtmcmbers,and officialsof other:municipalities. Independent Labor Arbitrator.and Hearing Examiner,Minnesota:and Wisconsin, 1975—.1981 State of Wisconsui7Wisconsm State Employees Union; • Labor Arbrtrator conducting hearings;^preparing written Findings of Fact and Conclusions of Law,and issuing Orders on violations-under'the contract. • State of Minnesota Office of Hearing Examiners. • Hearing Officer holding pre hearing conferences,hearings on Motions,final-hearings and preparing Findings; : . --'Conclusions,and Orders for the Department Of Education, he Human nghts>Department,the Department_of Public Welfare,the Department of Labor and=Industry;the Department of Public Welfare,the Department:ofLabor and'_ . • •_Industry OSHA,the Department of Revenue the Department of Health;the Department of Commerce-Securities ,and Banking Divisions,City-Council'of St.Paul=Personnel Board,Board of-°Nursing and the Mnmeapolis Public• ' Schools: Sussman and Lavin,general practice of law, Minneapolis MN 1972- 1976 1VIN Departmentof Human Rights,EEOC Special Counsel, St. Paul MN, 1971 -.1972 Litigation preparation • - Supervised the investigations of large companies-for patterns of discrimination-in-hiring and recruiting.. Prepared Policy Letters for the Commissioner of Hutnan•Rights. Prepared Guidelmesfor the>Departnent.• Assisted.in the drafting_of legislation.• MIN Department of Human Rights, Director of Enforcement St. Paul MN 1970—1971 Hired and supervised a staff of uivestigatois. • Supervisedthe investigations of allegations of discrimination under the State Human Rights Act. Conducted-;conciliation_hearings. Assisted the State of MN Assistant Attorney.General in the preparation of litigation.• •ADMITTED TOME MN STATE BAR:IN 1970;currently on-retired status. • • El lenLavin- Attorney At Law h: 305-935-0195 c: 612-385-4488 _ le lit o corn 1 555 Collins • enue #1205 Sunn Isles Beach Fl 33 60 VOltinteetC,Oni tit ittee and Boards : - The Blake School Trustees, MiineaoliMN, 1986-1993 Board member Aiicr Chairperson of the.buiTding,Conimitt6:. Jewish Vocational Services, Board of DirectorS,-Htipkins'-/M1 1985 -1987 _ - Metropolitan Council Transportation Advisory Board;•miuneapoli§-mN; 1985-- 1986 Hennepin County Regional-Railroad AutliToritESW Advisory Board,Minneapolis MN. 1987 Hennepin County-Light.Rail.Transit_JOinfPOwerS'EtOniiniSSIOn;Minneapolis MN, 1987 City of Hopkins Centennial Committee; Cii .Crifair, Hopkins MN,'1986-1997 City of Hopkins Zoning and Planning Coriimissioli,Hopkins-MN-= 1981 1983 HopkinS-:Mailistfeet-:TaSk Force, 1981 - 1895 . :Edficatibii The'UhiVersity,OUMinnesota:baW Minneapolis T.TY,-- 1970 Hunter C the City Univet§ity-ofNeW-WrkIWY-NZ-4967 Craig H. Coller 1680 Michigan Avenue,Suite 700 Miami Beach,Florida 33139 Telephone: 305-978-3969 craig.coller@coller-law.com PROFESSIONAL EXPERIENCE Miami-Dade County Attorney's Office (retired) 1979-2015 Chief,Zoning, Environmental, and Land Use Section 2011-2015 • Oversee all legal aspects of the County's litigation, appeals, ordinance drafting, and advice for comprehensive planning, zoning, platting, environmental,eminent domain, annexation and incorporation, and other related matters • Direct a team of nine lawyers and support staff members • Advise Board of County Commissioners, Mayor, County Manager, and administration concerning all aspects of land development and environmental regulation and related litigation o Regularly attend and participate in meetings for the Board of County Commissioners, Board committees, and Board land use meetings; counsel during all legislative and quasi-judicial land use proceedings o Prepare and review agendas for Board meetings. • Assign and supervise attorneys for nine elected zoning boards and all other land development-related boards, ensuring they accurately address issues including school concurrency planning, rapid mm. transit planning, airport and seaport planning, and impact fees • Oversee attorneys in drafting all land development-related ordinances and resolutions regarding zoning, comprehensive planning, platting, creation of special districts, and other matters • Assign and supervise attorneys for all federal, state, and administrative litigation (trials and appeals) in land development-related matters • Collaborate and advise staff for all development departments, including Planning and Zoning, Public Works, Environmental Resources Management, Miami-Dade Transit, General Services Administration, Fire, Police, and Parks Assistant County Attorney • Advise and provide assistance in connection with ethics and conflict of interest laws and regulations (state and local) regarding voting conflicts, lobbying restrictions, transaction of business with the County, and financial disclosure obligations;public records and Government in the Sunshine Law legal issues; charter review and reform; and annexation and incorporation • Negotiate, draft and review interlocal agreements and other contracts (including grant agreements) regarding annexation and incorporation, rapid transit,transfer of zoning authority,etc. o Provide representation for numerous entities including: Miami-Dade County in tort cases before juries, trial courts and appellate courts; Property Appraiser in ad valorem disputes before administrative bodies, trial courts, appellate courts, and Florida Supreme Court; Public Health Trust (Jackson Memorial Hospital); and Miami-Dade County in Tallahassee during committee meetings and sessions of the Florida Legislature • Coordinated hiring for County Attorney's Office AWARDS AND RECOGNITION o Guardian Ad Litem Pro Bono Attorney Award Recipient,2000 o Paul S. Buchman Award Recipient. City, County and Local Government Law Section award for outstanding legal public service in Florida, 1999 o "Top Government Attorney,"South Florida Legal Guide PROFESSIONAL AND CIVIC ACTIVITIES • The Florida Bar City, County, and Local Government Law Section, State Chair, 2004-2005, and Executive Council, 1997-present o Florida International University School of Law, Co-lecturer, Land Use Law and Zoning Course,2013-2015 • Florida Supreme Court Certified Circuit Civil Mediator, 2015 • President,La Gorce/Pinetree Homeowners Association, 2015 8 Craig H.Coller PAGE 2 PUBLICATIONS • FLUEDRA: Flawed, but Fixable? Craig H. Coller &Dennis A. Kerbel, 86 Fla B.J. 6(June 2012) ° Should the Narrowing Scope of Second-Tier Certiorari Mandate Findings of Fact in Local Government Quasi- Judicial Decisions?76 AUG Fla. B.J. 67 (July/August 2002) SELECT REPRESENTATIVE MATTERS • City of Dora!, Village of Palmetto Bay, and Town of Miami Lakes v. Miami-Dade County. Successfully defended the County's right to 29 million in mitigation payments from three recently incorporated cites by having declared unconstitutional a Florida Statute that would have prevented such payments o Bystrom v. Valencia Center. Successfully argued before the Florida Supreme Court that a Florida Statute relating to valuation of property for ad valorem tax assessment purposes was unconstitutional • Metropolitan Dade County v. Fontainebleau Gas and Wash. Obtained opinion from the Third District Court of Appeal, holding that even though the County had erroneously issued a building permit for construction of a gas station that was 80 % complete,the County was not estopped from imposing a stop work order on the construction, as property owners are on notice of zoning restrictions • Metropolitan Dade County v. Blumenthal. Co-authored the brief for en banc proceedings before the Third District • Court of Appeals, which held that lay testimony from neighborhood residents constituted substantial competent evidence to support local zoning decisions • Metropolitan Dade County v. Fuller. Obtained decision from the Third District Court of Appeal, affirming the County Commission's grant of an "unusual use" zoning request, holding that the initial zoning decision is entrusted to the local authority and should not be disturbed unless there is an absence of any substantial competent evidence BAR ADMISSIONS AND MEMBERSHIPS State of Florida; State of Maryland (inactive); U.S. Courts of Appeals, Fifth and Eleventh Circuits; U.S. District Court, Southern District of Florida; Dade County Bar Association;American Bar Association EDUCATION University of Miami School of Law, J.D., cum laude, 1979 Washington and Lee University, B.S., 1976 { { { I { { { `'''NNY `5` City of Sunny Isles Beach F _ FS . � w -T, 18070 Collins Avenue r ` i r..;� l t; ; Sunny Isles Beach, Florida 33160 iP °9,.F o 447. 4 (305)947-0606 City Hall "qv op s,,+ #,''c . (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: 2/18/2016 RE: 2016 Special Master Appointments RECOMMENDATION: The City Manager recommends the reappointment of Rafael E. Suarez- Rivas, Esq. and Ellen Lavin, Esq., and the appointment of Craig H. Coller, Esq. as Special Masters. REASONS: Special Masters preside over cases involving code violations and are appointed on an annual basis. ATTACHMENTS: Description Resolution Resumes . Item Number: 10.B. 65