Resolution 2023-32842RESOLUTION NO' . ' 2023-32842
A RESOLUTION OF THE MAYOR ANb CITY COMMISSION OF, THE CITY
OF MIAMI BEACH, FLORIDA, REAPPOINTING CRAIG H. COLLER TO
SERVE AS THE SPECIAL MAGISTRATE FOR APPEALS OF DECISIONS
OF THE HISTORIC PRESERVATION BOARD, PURSUANT TO SECTION
2.2.4.8(b)(1)(B) OF THE MIAMI BEACH RESILIENCY CODE, FOR A TERM
OF THREE (3) YEARS.
WHEREAS, pursuant to Section 2.2.4.8(b.)(1)(B), appeals of decisions of the Historic
Preservation Board (as to Certificate of Appropriateness) shall be 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, Craig H. Coller is uniquely qualified, based upon his professional experience
and having served as the City's Historic Preservation Special Magistrate from 2020-2023, to
continue to serve as the City's Historic Preservation Special Magistrate; and
WHEREAS, Mr. Coller served in the Miami -Dade County Attorney's Office for more than
35 years,; as Assistant County Attorney and Chief of the Zoning, Environmental, and Land Use
Section;. and
WHEREAS, as Chief of the Zoning,. Environmental, and Land Use Section, Mr. Coller
oversaw all legal aspects of the Countys litigation, appeals, ordinance drafting, and advice for
comprehensive planning, zoning, platting, historic preservation, environmental, eminent domain,
annexation and incorporation, and other related matters;. and
WHEREAS, Mr. Coller has also served as State Chair of the Florida Bar City, County, and
Local Government Law Section, and currently serves on the Executive Council; and
WHEREAS, for the reasons set forth herein, the Mayor and City Commission hereby find
that Mr. Coller 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 Craig H. Coller is hereby reappointed to serve as
Special Magistrate for appeals of decisions of the Historic Preservation Board, pursuant to Section
2.2.4.8(b)(1')(B) of the Resiliency Code, for a term of three (3) years, expiring on December 13,
2026; provided, further, that Mr. Coller shall be compensated at the rate of $175.00 per hour.
PASSED AND ADOPTED this 43 day of December, 2023.
ATTEST: •
Rafael E. Granado, City Clerk
DEC 1 q 2023
ncou�0WE
Steven Meiner, Mayor
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
I Z-- b — 2.3
City Attorney Date
h
Resolutions - C7 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney and Rafael E. Granado, City
Clerk
DATE: December 13, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,, REAPPOINTING CRAIG H. COLLIER TO
SERVE AS THE SPECIAL MAGISTRATE FOR APPEALS OF DECISIONS
OF THE HISTORIC PRESERVATION BOARD, PURSUANT TO SECTION
2.2.4.8(B)(1)(B) OF THE MIAMI BEACH RESILIENCY CODE, FOR A TERM
OF THREE (3) YEARS.
RECOMMENDATION
Appoint Craig H. Coller to serve as Special Master for appeals of decisions of the City's
Historic Preservation Board.
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 Master.
The City Code requires that Historic Preservation Special Masters 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 Masters shall
serve terms of three years; provided, however, that they may be removed without cause upon a
majority vote of the City Commission.
Upon the determination of the City Attorney that Craig H. Coller possesses the knowledge,
skills, and attributes to perform as a Special Master pursuant to City Code Section 1.18-9(c)(2)
(A)(ii), and my concurrence in such determination, I am recommending that the City
Commission appoint Mr. Coller to serve as the City's Special Master for appeals of decisions of
the Historic Preservation Board.
Mr. Coller has extensive experience as a local government attorney, having served in the Miami -
Dade County Attorneys Office for more than 35 years, as Assistant County Attorney and Chief
of the Zoning, Environmental, and Land Use Section. As Chief of the Zoning, Environmental,
and Land Use Section, Mr. Coller oversaw all legal aspects of the County s litigation, appeals,
Page 261 of 1118
ordinance drafting, and advice for comprehensive planning, zoning, platting, historic
preservation, environmental, eminent domain, annexation and incorporation, and other related
matters.
Since retiring from the County Attorneys Office, Mr. Coller has represented a number of
municipalities on matters relating to land use, zoning, historic preservation, and other matters,
and serves as a Special Magistrate on Florida Land Use and Dispute Resolution Act
(FLUEDRA) proceedings.
Mr. Coller has served as State Chair of the Florida Bar City, County, and Local Government
Law Section; and currently serves on the Executive Council. Mr. Coller has also taught land use
law and zoning at the Florida I ntemational University School of Law, as Co -lecturer.
Mr. Coller holds a Juris Doctor degree from the University of Miami School of Law, and a
Bachelor of Science degree from Washington and Lee University.
A copy of Mr. Coller's curriculum vitae is attached to this Memorandum.
Consistent with the compensation for the City's code enforcement special masters, Mr. Coller is
proposed to be compensated at the rate of $175.00 per hour.
SUPPORTING SURVEY DATA
N/A.
FINANCIAL INFORMATION
N/A
CONCLUSION
Mr. Coller'is uniquely qualified, based upon his professional experience, to serve as the City's
Historic Preservation Special Master. The City Attorney and I therefore recommend that Mr.
Coller be appointed for a term of three (3) years, pursuant to the City Code, which term shall
expire on November 18, 2023.
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?
No No
Legislative Tracking
Office of the City Attomey/Office of the City Clerk
ATTACHMENTS:
Description
❑ Resume
Page 262 of 1118
Resolution
Page 263 of 1118
Craig H. Coller
1680 Michigan Avenue, Suite 700
Miami Beach, FL 33139
Telephone:305-978-3969
craig.collerL;coller-law.com
PROFESSIONAL EXPERIENCE
Craig H. Coffer, P.A.
2015-present
• Represent a number of municipalities as outside counsel on matters related to land use, zoning, historic
preservation, annexation, special taxing districts, impact fees, and other matters.
• Serve as Special Magistrate on Florida Land Use and Dispute Resolution Act (FLUEDRA) proceedings.
• Special Magistrate, City of Miami Beach, Historic Preservation Appeals (appointed 2020)
Miami -Dade County Attorney's Office (retired) 1979-2015
Chief, Zoning, Environmental, and Land Use Section
• Oversaw all legal aspects of the County's litigation, appeals, ordinance drafting, and advice for
comprehensive planning, zoning, platting, historic preservation, environmental, eminent domain, annexation
and incorporation, and other related matters
• Directed a team of nine lawyers and support staff members
• Advised Board of County Commissioners, Mayor, County Manager, and administration concerning all
aspects of land development and environmental regulation and related litigation
• Regularly attended and participated in meetings for the Board of County Commissioners, Board committees,
and Board land use meetings; counseled during all legislative and quasi-judicial land use proceedings
• Prepared and reviewed agendas for Board meetings
• Assigned and supervised attorneys for nine elected zoning boards and all other land development -related
boards, ensuring they accurately address issues including school concurrency, historic preservation, planning,
rapid transit planning, airport and seaport planning, and impact fees
• Oversaw attorneys in drafting all land development -related ordinances and resolutions regarding zoning,
comprehensive planning, platting, impact fees, creation of special districts, historic preservation and other
matters
• Assigned and supervised attorneys for all federal, state, and administrative litigation (trials and appeals) in
land development -related matters
• Collaborated and advised 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
• Advised and provided 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
• Negotiated, drafted and reviewed interlocal agreements and other contracts (including grant agreements)
regarding annexation and incorporation, rapid transit, transfer of zoning authority, etc.
• Provided 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 Couty in Tallahassee during committee meetings and sessions of the Florida Legislature.
• Coordinated hiring for County Attorney's Office
Page 264 of 1118
Craig H. Coller
PAGE ,
AWARDS AND RECOGNITION
• Guardian Ad Litem Pro Bono Attorney Award Recipient, 2000
• Paul S. Buchman Award Recipient. City, County and Local Government Law Section award for
outstanding legal public service in Florida, 1999
• "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
• 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, 2015-2016
PUBLICATIONS
• FLTJEDRA: 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 Dural, 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
• 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 bane 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
Page 265 of 1118