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HomeMy WebLinkAboutcocc_richard_geller_spec_magistrate_interest_ltr RFQ 2019-01 CODE ENFORCEMENT SPECIAL MAGISTRATE August 21,2019 Respondent: Richard S. Geller Fishback Dominick 1947 Lee Road Winter Park, FL 32789 (407) 262-8400 rgeller@fishbacklaw.com FISH -:;ACK ir t MINICK ATTORNEYS AT LAW 1947 LEE ROAD WINTER PARK, FLORIDA 32789-1834 G. BEN FISHBACK (1893-1983) TEL (407) 262-8400 JULIAN K. DOMINICK (1924-2003) FAX (407) 262-8402 WWW.FISHBACKLAW.COM MARK F. AHLERS *A. KURT ARDAMAN CHRISTOPHER R. CONLEY FLORIDA BAR BOARD CERTIFIED IN KURT H. GARBER *CITY,COUNTY AND LOCAL GOVERNMENT RICHARD S. GELLER ERIC B. JONTZ LANCE D. KING 'DANIEL W. LANGLEY MICHAEL D. TEMPKINS OF COUNSEL JOHN F. BENNETT JEFFRY R. JONTZ DAVID H. POPPER CHARLES R. STEPTER, JR. August 21, 2019 VIA EXPRESS MAIL Mr. David Dickey Community Development Director City of Cape Canaveral City Hall 100 Polk Avenue Cape Canaveral, Florida 32920 RE: RFQ 2019-01 –Code Enforcement Special Magistrate Brief Profile and Statement Dear Mr. Dickey and members of the Evaluation Committee: I am writing in response to the City's Request for Qualifications to express my strong interest in the position of Code Enforcement Special Magistrate. I am board certified by the Florida Bar in City, County, and Local Government Law. Board certification requires a rigorous evaluation of legal knowledge, experience, competency, and professionalism. I am counsel to the City of Winter Park on code enforcement matters, attend their Code Compliance Board meetings, and have successfully defended code enforcement appeals to the Orange County Circuit Court. I have practiced law for 27 years,the last decade as an assistant city attorney and litigator for our firm's municipal clients—the cities of Belle Isle, DeBary,Longwood, Winter Garden, and Winter Park. I very much enjoy my practice. I obtained my J.D., cum laude, from Temple University in Philadelphia, where I served as an associate research editor on the Temple Law Review. I interned with two United States District Court Judges, for whom I drafted numerous judicial opinions. As an Orange County Planning and Zoning Board Commissioner for several years, I decided zoning matters in countless quasi-judicial hearings. I taught land use law to Master of Planning students as an adjunct professor at Rollins College. FISHBACK, DOMINICK, BENNETT, ARDAMAN, AHLERS, LANGLEY &GELLER LLP Evaluation Committee City of Cape Canaveral August 20, 2019 Page 2 Fishback Dominick, one of Central Florida's oldest law firms, has provided the highest quality legal services since 1935. Martindale-Hubbell rates our firm,and me,AV-Preeminent,the highest in competency and ethical standards, based on reviews by other attorneys. Martindale- Hubbell has included Fishback Dominick on The Bar Register of Preeminent Lawyers, consisting of the most distinguished law firms in the United States. In accordance with the RFQ, I am enclosing an updated Resume, a Statement of Local Availability and Accessibility, a proposed Fee Schedule, three Professional References from city officials for whom I have provided legal services, a Statement of Preferred Days and Times, a Statement of Non-Conflict, as well as an Affidavit of Non-Collusion and Sworn Statement on Public Entity Crimes. If selected, I will uphold the City of Cape Canaveral's ordinances,Florida Statutes Chapter 162 governing code enforcement, and will conduct hearings with fairness and professionalism. I would very much appreciate an opportunity to meet with the Evaluation Committee and City Council. Thank you for your kind consideration. Very truly yours, Richard S. Geller RSG Enclosures S:\RSG\Fishback Dominick\Responses to Municipal Request for Proposals\City of Cape Canaveral-Special Magistrate 2019\Letter to City Clerk re Code Enforcement Special Magistrate position-rsg-8 20 19.docx < ORID9 I a I I : I IIAN III] 1110 (El t„. .� 09AV ESTABLISHED 19350 1CO LAW CITY,COUNTY& V'PREEMINENT ATTORNEYS AND COUNSELORS AT GOVERNMENT LAW MarindLa eale--a bbell' .s RICHARD S . GELLER, PARTNER PRACTICE AREAS • Local Government Law The Florida Bar board certified Mr.Geller in City,County,and Local Government Law. He serves as assistant city attorney for Winter Park,Winter Garden, Belle Isle, and DeBary, Florida. He focuses on representing municipal clients in litigation. . 1111(C1111111\ • Code Enforcement Mr.Geller is counsel to Winter Park on code enforcement matters,attends Code Compli- ance Board meetings, and has successfully defended appeals to the Orange County Circuit Court. • Litigation For 27 years,Mr.Geller has litigated and gone to trial on a wide variety of issues,includ- ing claims of fraud,breach of contract,breach of fiduciary duty,breach of trust,interfer- Fishback Dominick ence with business relations, deceptive and unfair trade practices, unfair debt collec- 1947 Lee Road tions,replevin,evictions,foreclosures,and criminal racketeering. Winter Park,FL 32789 (407)262-8400 • Land Use and Development rgeller@fishbacklaw.com Mr. Geller selectively represents land owners and developers in land use and zoning entitlement matters. EDUCATION AND HONORS About Fishback Dominick Temple University,Juris Doctor, cum laude (1992) Fishback Dominick, one of Central Member(1990-1991)and Associate Research Editor, Temple Law Review(1991-1992) Florida's oldest law firms, has Miami University(Oxford,Ohio),Bachelor of Arts(1988) provided the highest quality legal services since 1935. Martindale- JUDICIAL INTERNSHIPS Hubbell rates our firm AV Judicial Intern to U.S.District Judge Stanley Brotman,District ofNew Jersey(1991-1992) Preeminent, the highest in competency and ethical standards. Judicial Intern to U.S.District Judge Carl B.Rubin,Southern District of Ohio(1991) Martindale-Hubbell has included Fishback Dominick on The Bar QUASI-JUDICIAL EXPERIENCE Register of Preeminent Lawyers, District 1 Commissioner,Orange County Planning&Zoning Commission(2009-2012) consisting of the most distinguished Mr. Geller passed judgment on private sector rezoning applications as well as staff's law firms in the United States. legislative proposals to amend the zoning code and add Smart Growth concepts to the Comprehensive Plan. Mr.Geller played a key role in re-drafting the Horizon West Code. Our firm has extensive experience as City Attorneys for Belle Isle, DeBary, RATINGS Longwood, Winter Garden, and AV—Preeminent peer-review rated by Martindale-Hubbell(2006-present) Winter Park. At the request of other city attorneys, we serve as special "Orlando's Top Lawyers," Orlando Home&Leisure Magazine(2010-present) counsel to their cities on various matters. COURTS OF PRACTICE: All State of Florida Courts(Admitted in Florida in 1997) The Florida Supreme Court has United States District Courts,Florida Middle and Southern Districts awarded Fishback Dominick the United States Court of Appeals for the Eleventh Circuit Chief Justice's Law Firm LEGAL PUBLICATIONS: Commendation for Pro Bono Service "The Legality of Form-Based Zoning Codes," 26 Journal of Land Use and Environmental Law to the underprivileged. (Florida State University College of Law),Number 1(Fall 2010),available at: http://www.law.fsu.edu/journals/landuse/vol26 1/geller.pdf) Richard S. Geller \,ORIi LEGAL PUBLICATIONS(CONT'D) AV 0 1 b CER'0\ "Civil Procedure—Expanding the Minimum Contacts Doctrine,"64 Temple Law Review 1025(1991). CITY,COUNTY& •V'PFEEMINENT LOCAL Martindale-Hubbell` TEACHING EXPERIENCE: GOVERNMENT LAW La er Ralin.s Adjunct Professor,Rollins College,Master of Planning in Civic Urbanism program(2011-2014). Mr.Geller taught Land Use Law,including transportation regulation,the drafting of conventional as well as cutting-edge form-based zoning codes,and supervised independent studies by master of planning students. VOLUNTEER COMMUNITY ACTIVITIES: Chair,Congress for the New Urbanism--Florida chapter(2018-present) Vice-Chair(2018-present),and Board Member(2013-present),Bike Walk Central Florida Winter Park Health Foundation,Healthy Communities Work Group(2013-2017) Mr. Geller is a strong and effective advocate, known for thorough research, attention to detail, persistence, and persuasiveness. A civil trial attorney for 27 years, Mr.Geller has represented public and private sector clients in the areas of business and general litiga- tion as well as land use law in Federal and State Courts. Recent municipal litigation experience includes: • Successful defense of code compliance appeals to the Circuit Court, including for unauthorized tree removal and plant- ings and construction without a permit. • Successful defense of a municipality in an appeal to the United States District Court by an applicant denied a special exception to build a cell tower. The case was dismissed in response to a summary judgment motion prepared by Mr.Geller. • Successful defense of a municipality in a lawsuit brought by a disgruntled contractor seeking payment after defaulting on a sewer construction project. Mr. Geller won the case on summary judgment, including a judgment for attorneys fees. • Represented a municipality in multi-party construction litigation relating to the installation of a defective underground stormwater sewer systems. The case settled. • Represented a municipality in litigation against an IT firm that installed unlicensed software on the City's computers and misrepresented hardware purchased. The case settled. Earlier in his career, Mr. Geller's practice included defending businesses and quasi-government entities against claims of civil rights violations. He has litigated a myriad of alleged constitutional violations, including First Amendment, unlawful search and seizure, equal protection, and due process claims. He has also defended clients against allegations of discrimination based on pregnancy and the Americans With Disabilities Act. Besides municipalities, his clients have included a diverse mix of businesses, including banking and insurance institutions, pest con- trol companies, rental car companies, a resort, inventory floorplan finance companies, and motor vehicle dealerships and auctions. Mr.Geller has also defended professionals against claims of professional liability. Complex transactions underlie many cases. Mr. Geller was born in Cincinnati, Ohio. He earned his B.A. at Miami University in Oxford, Ohio and J.D., cum laude,from Temple Uni- versity in Philadelphia. In an intensely competitive process,the Law Review board selected him to work as a staff member and, later, as an associate research editor. Before joining Fishback Dominick in 2008, he worked for a dozen years as a litigator with a large Downtown Orlando law firm as an associate and partner. Early in his career, Mr.Geller practiced in the area of railroad defense litiga- tion with a law firm in Ashland, Kentucky and, before that, as a commercial litigator with a boutique litigation firm in Philadelphia, Pennsylvania. FISHBACK 1 DOMINICK ESTABLISHED 1935 ATTORNEYS 1ND COUNSELORS AT LA\\ STATEMENT OF LOCAL AVAILABILITY AND DEGREE OF ACCESSIBILITY According to GoogleMaps, Fishback Dominick is located 62.2 miles away from City Hall. During peak rush hour, 5:10 PM on Tuesday, August 20, 2019, Google indicated that travel time would take 1 hour and 16 minutes. Mr. Geller's travel time and accessibility should not differ materially from that of the City of Cape Canaveral's City Attorney. PROPOSED FEE SCHEDULE Fishback Dominick proposes to bill $225.00 per hour, in one-tenth increments, with a 2.5 hour minimum per hearing. Billed time would include preparing subpoenas, preparing for and conducting code enforcement hearings, reviewing code enforcement complaints and the hearing record, performing any necessary legal or building code research, and preparing written Orders with Findings of Fact and Conclusions of Law. Fishback Dominick would not charge for travel time to or from the City of Cape Canaveral. PROFESSIONAL REFERENCES Ms. Keri Martin Manager of Risk Management City of Winter Park 401 Park Avenue, Sout Winter Park, FL 32789 (407) 599-3390 kmartin@cityofwinterpark.org (Ms. Martin oversees the City of Winter Park's Code Compliance Division) Mr. Bob Francis City Manager City of Belle Isle 1600 Nela Avenue Belle Isle, Florida 32809 (407) 851-7730 bfrancis@belleislefl.gov Mr. Carmen Rosamonda City Manager City of DeBary 16 Colomba Road DeBary, FL 32713 (386) 668-2040 CRosamonda@DeBary.org • PREFERRED DAY AND TIME FOR SPECIAL MAGISTRATE HEARINGS The scheduling of Special Magistrate Hearings should take into account the schedules of the City's code enforcement officers, supervisory staff, the City Attorney, building officials, the Community Development Director, and any others who would expect to attend such hearings regularly. Assuming that the City would want to continue holding hearings at 6 PM, Mr. Geller is generally available any evening during the business week; however, Thursdays are not preferred. STATEMENT OF NO CONFLICT OF INTEREST Mr. Geller is unaware of any relationship or work, pertaining to himself or to Fishback Dominick, which would present a potential or actual conflict of interest in violation of Florida Statutes chapter 112 or the Florida Bar's Rules of Professional Conduct. NON-COLLUSION AFFIDAVIT Please see the attached Non-Collusion Affidavit. SWORN STATEMENT ON PUBLIC ENTITY CRIME Please see the attached Sworn Statement on Public Entity Crime. . • Exhibit A AFFIDAVIT OF NON-COLLUSION RFQ#2019-01 THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. STATE OF FLORIDA COUNTY OF CA‘Lity.e„ Being first duly sworn,affiant deposes and says that: fi 1. He he is it A _ of .1 0)—ru ;� the Respondent that has submitted the attached Response; 2. Ohe is fully informed respecting the preparation and contents of the attached Response and of all pertinent circumstances respecting such Response; 3. Such Response is genuine and is not a collusive or sham Response; 4. Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Respondent, firm, or person to submit a collusive or sham Response in connection with the contract for which the attached Response has been submitted or to refrain from responding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other respondent, firm, or person to fix the rate or rates in the attached Response or of any other respondent,or to fix any overhead,profit,or cost element of the Response price or the response price of any other respondent, or to secure through any collusion,conspiracy,connivance or unlawful agreement any advantage against the City of Cape Canaveral or any person interested in the proposed contract; and 5. The rate or rates quoted in the attached Response are fair and proper and are not tainted by any collusion,conspiracy,connivance or unlawful agreement on the part of the Respondent or any of its agents, -. •sentatives,owners,emp ees or parties in interest, including this affiant. Signature Date aa�� gt e foregoing instrument was acknowledged before me this dl day of QQ4, 20 9 , by �, ;� �� i A. (name of ers hose sigp ure is being notarized) as (title)of I .Q ^4-c( ame of Vendor)Cknown to me to be e person •escribed herei or who produced (type of identification) as identification,and who di. •id not tak path. 001111 um% � � �►,1SSIOiyF .may��� C,,ober 24,?"el.• r ;4 o� °'m cS) N Signature /��I * : .* ,k i* E Name: Seine-Nei �-/i urn OFF 244668 ;� My Commission Expires: a/D /Jf/9 %1$5! nN ••;'c' Commission Number Fo?yyib '///�� llIii a���`\. . P Exhibit B SWORN STATEMENT ON PUBLIC ENTITY CRIMES UNDER FLORIDA STATUTES RFQ#2019-01 THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This swo stat ent is submi ed by .LeAa,t� ���e , on behalf of kv ,, 'ose business address is mil >Qf F-L3a 9 and (if applicable) Federal Employer Identification Number(FEINT) is 6i- 18H 64(o 2. I understand that a"public entity crime"as defined in Florida Statutes 287.133(1)(g)means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including,but not limited to,any bid or contract for goods or services,any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Florida Statutes 287.133(1)(b) means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,as a result of a jury verdict,non jury trial,or entry of a plea of guilty or nolo contendere. 4. I understand that an"affiliate"as defined in Florida Statutes 287.133(1)(a)means: A predecessor or successor of a person convicted of a public entity crime or an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders,employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined by Florida Statutes 287.133(1)(e) means any natural person or entity organized under the laws of any State or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transects or applies to transact business with a public entity. The term "person" includes those officers, directors,executives,partners, shareholders, employees,members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Please indicate which statement applies: , . 1 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,shareholders,employees,members,or agents who are active in management of the entity,nor any affiliate of the entity,were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders,employees,members,or agents who are active in management of the entity,or an affiliate of the entity,has been charged with and convicted of a public entity crime after July 1, 1989 AND-please indicate which additional statement applies: The entity submitting this sworn statement,or one of its officers, directors,executives,partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings, and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I understand that the submission of this form to the City of Cape Canaveral is for the City of Cape Canaveral only. I also understand that I am required to inform the City of Cape Canaveral prior to entering into a contract in excess of$25,000 of any change in the information contained in this form. allr4t,J glz.�� �9 Signature Date STATE OF FLO DA COUNTY OF The foregoing instrument was acknowledged before me this day of 6,1(.0 , 20 l 9 , by A (name of person hos AsigriaVkis being notarized) as. AA-Dr.-ex- (title)of J ame of Vendor) known to me ' to be the .erson described herein or who produced (type of identification) as identification,and who Jr did not take an oath. 0ETTE'R C y 0........ G z •• g iss a;•y�y' 4.. , ober 24 too otary Signature *: o .•"0 17,�, E Name: Seale e Ic 1 Cu 1�rl _ :*= My Commission Expires: /d y/9 #FF2a4668 • Commission Number • f F2'/� '9�,•�y�a nN :Qom: