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HomeMy WebLinkAbout2015-08-20 Charter Review Board Agenda AGENDA CITY OF DANIA BEACH CHARTER REVIEW BOARD THURSDAY, AUGUST 20, 2015 – 6:00 P.M. 1. Call to Order/Roll Call 2. Approval of Minutes from August 6, 2015 3. Discussion Items 3.1 Part X – Miscellaneous Provisions, Article 3 - Leases 3.2 Review of City Charter 4. Public Comments 5. Adjournment MINUTES DANIA BEACH CHARTER REVIEW BOARD THURSDAY, AUGUST 6, 2015 – 6:00 P.M. 1. Call to Order/Roll Call Chair Joe Van Eron called the meeting to order at 6:00 p.m. Present: Carolyn Jones David Clark Betty Sokol (Alternate) Charlotte Sloboda Luis Rimoli Tamara James Gail Davison (Alternate) Derrick Hankerson Anne Castro, Vice-Chair Chris Barile (Alternate) Rae Sandler Joe Van Eron, Chair Tom Ansbro, City Attorney Louise Stilson, City Clerk Absent: Bill Harris (Alternate) (excused) Terry Hale-Hicks (excused) Bruce Hannover (Alternate) (unexcused) Vice-Chair Anne Castro motioned to excuse the absence of Terry Hale-Hicks and Bill Harris; seconded by Board member Chris Barile. The motion passed unanimously. 2. Approval of Minutes from July 2, 2015, and July 16, 2015 Board member Carolyn Jones motioned to approve the Minutes from July 16, 2015; seconded by Vice-Chair Anne Castro. The motion passed unanimously. Board member Charlotte Sloboda motioned to approve the Minutes from July 2, 2015; seconded by Vice-Chair Anne Castro. The motion passed unanimously. Chair Joe Van Eron confirmed that everyone would vote tonight. 3. Discussion Items 3.1 Vote Requirements Part I. – The Municipality of the City of Dania Beach ARTICLE 3 – POWERS OF THE CITY Sec. 2. - Certain expenditures. Any agreement, commitment or any other action of any kind, pursuant to which the city shall or may become obligated to expend more than one million dollars ($1,000,000.00) in city funds, either in connection with one transaction or cumulatively from a series of directly related transactions, or which has a direct net fiscal impact, as determined by the city finance director, upon city funds exceeding that amount, shall require a four-fifths (4/5) vote of the city commission, as authorized in advance by adoption of an ordinance. There shall be two (2) public hearings on the ordinance and notice of each such hearing shall be published in a newspaper of general circulation within the city, at least ten (10) days before each such hearing. Vice-Chair Anne Castro commented that the language is vague and needs to be cleaned up. She felt the vote requirement could be changed to two-thirds (2/3), or left at four-fifths (4/5). City Attorney Ansbro pointed out that the requirement is for “City” funds. Board Member Chris Barile thought the vote requirement should be kept at four-fifths (4/5), with 2 public hearings, and one million dollars. Bob Mikes provided a history of how this came about. He noted if someone objects, there is a good reason, and there should be discussion. Vice-Chair Anne Castro motioned to change the language to include any funds, not just City funds; seconded by Board member Rae Sandler. The motion passed unanimously. Sec. 3. - Airport matters. Any agreement of any kind to which the city may be a party, which affects any city residents and which involves any expansion, modification, addition to or change to or of any lands associated with the Fort Lauderdale- Hollywood International Airport, shall require a unanimous vote of the city commission, as authorized in advance by adoption of an ordinance. There shall be two (2) public hearings on the ordinance and notice of each such hearing shall be published in a newspaper of general circulation within the city, at least ten (10) days before each such hearing. Board member Derrick Hankerson motioned to change unanimous vote to four-fifths (4/5) vote; seconded by Board member Gail Davison. The motion passed unanimously. Part II. – Legislative Branch and Legislation ARTICLE 3. - ORDINANCES AND RESOLUTIONS Sec. 3. - Publication of notice; waiver of notice under emergency conditions. (b) The city commission of the City of Dania Beach with a two-thirds vote may enact an emergency ordinance without complying with the requirements of paragraph (a) of this section. City Attorney Ansbro noted this is covered by State Law. ARTICLE 6 – MEETINGS OF THE COMMISSION Sec. 5. - Quorum and vote. A majority of all members of the city commission shall constitute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of three (3) members shall be necessary to pass any ordinance on a reading or adopt a resolution, and the passage of all ordinances and resolutions shall be taken by "yeas" and "nays" and entered upon the minutes. Any action taken at a special meeting to sell, lease or grant concession rights to city property as well as to purchase or to contract in excess of twenty-five thousand dollars ($25,000.00) shall require a four-fifths (4/5) vote of the membership of the city commission for approval if placed on the agenda of a special meeting rather than on the agenda of one of the scheduled bimonthly regular meetings. Bob Mikes provided the history of why this was adopted. He commented that currently, too much action is taken by the Commission during citizen comments on items that were not advertised to the public. He said the Citizen Comment Form needs to be re-drafted. Vice-Chair Anne Castro commented that there should also be a disclaimer on the form that video recordings on the City website cannot be edited or modified without the City’s permission. No action was taken on this item. Part III. – Administrative Officers and Departments ARTICLE 3. - CITY MANAGER Sec. 1. - Appointment, qualifications, compensation; powers and duties; suspension and removal. The city commission shall appoint a city manager who shall be the administrative head of the municipal government under the direction and supervision of the city commission. Such appointment shall require at least a four-fifths (4/5) vote. He or she shall be chosen on the basis of his or her executive and administrative qualifications, and shall be over the age of twenty-one (21). The city commission may require the city manager to be a resident of the city during his or her term of employment. Vice-Chair Anne Castro motioned that hiring a City Manager should require a two-thirds (2/3) vote; seconded by Board member Derrick Hankerson. Vice-Chair Anne Castro changed her motion to say a minimum of 3 votes are required to hire a City Manager. The motion passed unanimously. The city commission shall establish additional minimum requirements which serve as basic qualifications for the selection and appointment of a city manager. One such minimum requirement and qualification shall be that the appointee shall possess a degree in public administration or an equivalent degree, issued by an institution which has a nationally recognized accreditation. An "equivalent degree" shall, for purposes of this section, include the type of degree possessed by any department head who reports to the city manager, such as a degree in engineering or public finance. Any person who does not meet the foregoing minimum requirements and qualifications may be appointed as city manager, but such appointment shall require a unanimous vote of the city commission. Vice-Chair Anne Castro motioned to change unanimous vote to four-fifths (4/5) vote if the person does not meet the minimum requirements; seconded by Board member Luis Rimoli. The motion passed 10-1, with Tamara James voting no. Compensation shall be established by a resolution of the city commission or may be prescribed by an employment contract. The city manager shall exercise the powers and perform duties as prescribed by city ordinances, or an employment contract, or both, as well as those specified in Section 4, below. A city manager may be suspended or removed from office with or without cause as prescribed by city ordinance, an employment contract, or both. City Attorney Ansbro will clean-up the language in the last sentence to remove the word “ordinance”. Sec. 3. - Right of city to enter into contract of employment. (d) If a city manager is appointed to serve at the pleasure of the city commission, the city manager may be removed from office for cause by a majority vote of the city commission; if removed without cause, a four- fifths (4/5) vote is required. "Cause" includes but is not limited to the grounds for termination identified in subsection 3(a) above. Bob Mikes provided more history of why he included the four-fifths (4/5) vote. No change was made to this section. Sec. 4. - Powers and duties. (j) To purchase supplies, services, materials, and equipment for the various departments of the city government in an amount up to and including a monetary threshold (as established by the city commission by ordinance) whenever necessary and proper so to do. Purchases of supplies, services, materials, and equipment for the city government in excess of the established monetary threshold may be made by the city manager without competitive bidding and without advertisement for bids if the city manager is authorized to do so in advance by a resolution adopted by the city commission. Contracts for the purchase of supplies, services, materials and equipment for the city government in excess of the monetary threshold shall be entered into or let by authorization and approval of the city commission, after advertisement for bids in one (1) or more governmental bid solicitation web sites (such as "Demand Star") and in a newspaper which is generally circulated within the city. Such advertisement is to be published once, not less than fifteen (15) days prior to the reception of bids. During unusual conditions or emergencies, the city commission may, by resolution, authorize the purchase by the city manager of designated supplies, services, equipment and materials in amounts in excess of the monetary threshold without competitive bids and without advertisement for bids. In addition to the foregoing, the city commission may, by resolution, authorize the purchase of designated supplies, services, equipment and materials in amounts in excess of the monetary threshold without competitive bids and without advertising for bids if such purchases are made pursuant to a competitive bid obtained within the last eighteen (18) months (or as such bid may have been extended by the vendor, supplier, contractor or other similar person, subject to the same conditions as the original bid) by other governmental entities, provided that any such purchase which exceeds a monetary threshold as established by the city commission by ordinance requires a four-fifths (4/5) vote of the city commission. Nothing in this paragraph (j) shall be applied in a manner which conflicts with the requirements of the Florida Statutes. The restrictions in this paragraph do not apply to services sought by the city which relate to cost recovery, as such cost recovery system is established by ordinance. City Attorney Ansbro will review this section, and bring it back at the next meeting. Part X. - Miscellaneous Provisions ARTICLE 2. - SALE OF PUBLIC PROPERTY Sec. 1. - Resolution declaring property not needed for public use. Before any lands, the title to which is vested in the city, shall be sold, traded, exchanged, or otherwise disposed of, the city commission shall adopt a resolution at a regular meeting particularly describing the land by metes and bounds or reference to a recorded plat or government survey, its location by street number, if any, a description of all improvements, if any, located upon the land, declaring how the land has been used since it has belonged to the city, why it is no longer needed for public purposes, and containing a statement that the city declares it to be surplus and desires to sell, trade, exchange, or otherwise dispose of it. If the property is valued by a qualified appraiser at a value which is less than two hundred fifty thousand dollars ($250,000.00), a majority vote of the city commission shall be required for such a resolution. If the property is valued by a qualified appraiser at a value between two hundred fifty thousand dollars ($250,000.00) and five hundred thousand dollars ($500,000.00), a four-fifths (4/5) vote of the city commission shall be required to adopt such a resolution. If the property is valued by a qualified appraiser at a value which exceeds five hundred thousand dollars ($500,000.00), a referendum election shall be held to determine whether or not such property should be sold, traded, exchanged, or otherwise subject to disposition. The provisions of this section shall not apply to vacations of streets, alleys, or utility easements, unless any such vacation involves land contiguous to any park. Despite any provision which is or may appear to be to the contrary in this article, however, these provisions shall not apply to lands located within the city community redevelopment area unless the existing or future lands are designated as parks or community facilities, as identified in the city comprehensive land use plan. Bob Mikes questioned why this section exempts the CRA; especially since the CRA is one-third (1/3) of the city. This language was not part of this section when he was on the Commission. Vice-Chair Anne Castro said she would rather see this apply to the City purchasing property; there are no requirements to purchase property, just to sell it. No change was made to this section. Sec. 4. - Power to sell. Subject to the restrictive provisions of this article, the city commission is empowered to sell or dispose of any lands, improvements, public buildings, parks or other lands now owned or subsequently acquired by the city. The deed of conveyance may place such conditions, limitations, and restrictions on the use of such property by the purchasers as the city commission shall deem proper. Except as otherwise specified in section 1 above concerning property valued at less than two hundred fifty thousand dollars ($250,000.00), a four-fifths (4/5) vote of the members of the city commission shall be necessary to approve such sales. This shall not impair the referendum requirement of section 1 above. The above restrictions shall not apply to the sale of cemetery plots in municipal cemeteries. No change to this section. Sec. 5. - Sale of surplus real property. (a) Notwithstanding the other provisions of this article, the City of Dania Beach shall have the right to exchange, sell or convey real property acquired by the City of Dania Beach through enforcement or foreclosure of City liens and transfer of Lands Available for Taxes from Broward County, in accordance with the procedures stated in part (b) below. (b) Procedures. The Commission must pass by resolution with a supermajority vote requiring four out of five Commissioners' assent, which resolution must include the following: City Attorney Ansbro noted this came about due to the City acquiring property through foreclosures, and then selling the property. Vice-Chair Anne Castro motioned to change supermajority to majority vote; seconded by Board member Derrick Hankerson. The motion passed unanimously. (1) A determination that the real property is surplus property and acquired by the City in a manner described in part (a) above; (2) An authorization for the City Manager to enter into an exclusive listing agreement for a period of six months, with a registered real estate broker, who has obtained a business tax receipt to do business in the State of Florida. The real estate broker shall be selected by lottery from among the qualified brokers and shall be paid a reasonable and customary real estate commission by the seller; (3) An appraisal of the real property by a state certified real estate appraiser with MAI designation; Mimi Donly questioned why the requirement for MAI designation, when a certified real estate appraiser could be used for a lower cost. Vice-Chair Anne Castro motioned to remove “with MAI designation”; seconded by Board member Rae Sandler. The motion passed unanimously. (4) An authorization for the City Manager to enter into a contract for sale of the real property and to close the contract for sale, so long as the purchase price is not less than ninety percent (90%) of the appraised value; (5) The contract for sale of the real property executed by the City Manager shall be contingent upon approval by majority vote of the City Commission at an advertised public hearing held at a regularly scheduled commission meeting. If the fair market value of the surplus real property, as appraised by the state certified appraiser, is greater than $100,000.00 then the contract for sale of the real property shall be contingent upon approval by a supermajority vote requiring four out of five commissioners' assent at an advertised public hearing held at a regularly scheduled commission meeting. No change to this section. ARTICLE 3. - LEASES Sec. 1. - Power. The City of Dania Beach is empowered to lease any lands, improvements, public buildings, recreational parks or facilities, public utility plants, or any public works or property of the city to any person, firm or corporation under the following conditions: (a) Leases of concession rights on, in or to public property of the City of Dania Beach operated in a proprietary capacity, except the I.T. Parker Community Center, for a period not exceeding one year, may be granted or executed upon a majority vote of the city commission at any time. Included in properties operated in a proprietary capacity are airports and airport property, public recreational facilities, golf courses, tennis courts, recreational halls, stadiums, football fields, baseball fields, playgrounds, public beaches (including all lands which are currently owned by the City of Dania Beach at Dania Beach), swimming pools, fishing piers, yacht basins, docks and wharves. The list which is enumerated is not exclusive but merely indicative of the class of public property deemed to be operated in a proprietary capacity. A lease of the I.T. Parker Community Center for a term of more than thirty (30) days in any one year period shall not be entered into by the city except after an advertised public hearing and a referendum election to determine whether or not such property should be leased for a term exceeding thirty (30) days and to approve the terms an considerations of such lease. A lease of the property known as the Dania Beach Grille shall not include any concession rights for the beach area outside the boundaries of the property on which the Beach Grille is located. Concession right for all other areas of Dania Beach shall be by separate lease agreements. (c) Leases of public property, as set forth in paragraph (a), of the City of Dania Beach, operated in a proprietary capacity, may be negotiated by the City of Dania Beach for a term in excess of twenty (20) years upon a four-fifth (4/5) vote of the members of the city commission on a noncompetitive bid basis, provided that the lessee agrees to make a substantial capital investment within two and one-half (2-1/2) years after the beginning date of the lease, with such capital investment to be expended for the purpose of making lease-hold improvements on the lands which are the subject of the lease. The lease shall specify the type of leasehold improvements (in general language) to be made. However, without limitation on such type of improvements, it may include, for example, restaurant buildings, retail store units which are incidental to restaurant enterprises, gift shops, curio shops, souvenir shops, wharves, boat docking facilities, nightclubs, cocktail lounges and all types of recreational facilities. In addition, residential units may be constructed and used by employees of any of such types of facilities. (f) Any and all amendments, modifications, extensions and renewals of a lease exceeding twenty (20) years as described above in paragraphs (c), (d) and (e) shall be approved only upon an affirmative four-fifths (4/5) vote of the members of the city commission. City Attorney Ansbro distributed excerpts from other municipal charters on the restrictions on the lease of city property. He requested the board members review it for discussion at the next meeting. He recommended a very limited section that requires two public hearings. 3.2 Part X – Miscellaneous Provisions, Article 3, Leases 3.3 Review of City Charter 4. Public Comments Bob Mikes commented we have had a horrendous time with property leases, and there needs to be protections in the Charter. City Attorney Ansbro agreed with Mr. Mikes that we need to keep basic protections in the Charter. 5. Adjournment The meeting adjourned at 7:27 p.m. Joe Van Eron, Chair Approved: