HomeMy WebLinkAbout1995-07-18 Workshop City Commission Meeting MinutesMIIVIITES
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WORT<SHOP MEETING
JWY 78,7995
ROI,L CAI,L:
Present:
Vice Mayor:
Commissioners:
City Manager:
City Attorney;
Acting City Clerk:
John Bertino
Bobbie Grace
Alben Jones
Roben Mikes
Robert Flatley
Frank Adler
Marie Jabalee
Absent:
Mayor:Bill Hvde
1. City Manager Flatley introduced Dick Black, ICMA Range Rider, and explained that
he provides a free service to Cities in finding City Managers through the ICMA. He asked
that the Commission allow Mr. Black an opportunity to present his proposal to determine
whether they wish to utilize his services.
Dick Black explained that he represents the ICMA (International City County Management
Association) with its headquarters in S ashington, D.C. and the Florida City County
Management group that is located in Tallahassee. The ICMA is made up of a group of retired
city and county managers who have developed a plan to assist cities and counties in evaluating
and seleoing a qualified candidate for City Manager or Administrator. Mr. Black advised that
he successfully coordinated a search for Oakland Park, \flilton Manors, Ta;ma;rac, Davie and
Lauderdale By-The-Sea.
Mr. Black provided the following five step process:
. The City must describe the position and the type of manager desired;
o The City establish a Recruitment and Evaluation Team
. The City must determine recruitment base;. The City must setup a time schedule;
o The City must identify and evaluate the candidates.
7WORKS.HOP MEETING JWY 78, 7995
Mr. Black elaborated on the details that will be considered in establishing a consensus profile
for a qualified candidate and the time frame to consider depending upon a National, State,
Regional or local recmitment base. Mr. Black explained that the Personnel Director can be
designated to work with him as part of his Evaluation Team, that an interview format will be
provided for the Commissioners and that a state data gram network will be utilized in
seeking qualified candidates.
Commissioner Grace congratulated Mr. Black for his accomplishments but felt that the
Commission is capable of selecting a qualified City Manager to take over where Bob Flatley
leaves off. She recommended to choose a person locally who will be familiar with Broward
County and someone who can continue with the current major projects that are pending.
Commissioner Mikes agreed that the candidate should have a fresh outlook for running the
City and that a national search is inappropriate for Dania. He suggested to consider a State
search for someone who would be familiar with State Agencies, the State Legislature, and
possess a diverse interests in development and management. He advised Mr. Black that the
individual must be aware of the City's financial constraints that require flexibility in the use of
staff since Dania has one of the lowest staffing levels in Broward County.
Commissioner Jones agreed that a national or regional search is not necessary and that the
person should be creative and innovative to help improve the City. Mr. Black agreed with
Commissioner Jones that local people will also be considered in the interview process.
Vice Mayor Bertino recommended to include this item to the next regular meeting agenda so
the Commission can decide whether or not to use Mr. Black's services and sugBested that each
Commissioner be allowed to include any person they r /ish to the list of candidates.
Commissioner Mikes recommended to get a publication advenised in the League of Cities and
Mr. Black advised that he would obtain the deadline for the data gram. The Commission
advised Mr. Black to communicate with Mike Smith, Interim City Manager, in putting a
description together of the type of City Manager to be advertised..
ITEM 4 \7AS HEARD AT THIS TIME
2. City Manager Flatley suggested to put a group of people together to assist the Graves
Museum with their deweeding and maintenance around the museum grounds which is
scheduled a week from this Saturday.
Commissioner Jones suggested to also send out letters to the Neighborhood Associations and
other organizations who may want to be of assistance.
2WORI<S.HOP MEETING JWY 78,7995
City Attorney Adler stated that MEBA has agreed to assist the museum and Commissioner
Grace encouraged citizens who are interested to get involved in this community project.
Commissioner Grace agreed to communicate with MEBA on confirming their assistance and
to report back to Mr. Flatley or Mike Smith.
3. City Manager Flatley mentioned that staff is working on a Purchase Assurance
Agreement and Interlocal Agreement with the County regarding the airport expansion and
that a draft should be available tomorrow.
ITEM 5 WAS HEARD AFTER ITEM 3
ITEM 4 \TAS HEARD AFTER ITEM 1
4. Robert Eisengrein, retired FAA Attorney, explained his interest in providing
consulting services to the City of Dania in their litigation with Broward County on the
airport expansion. Mr. Eisengrein commented on his experience as an FAA Attorney and his
feelings that the City should not give up their legal right to pursue the EIS (Environmental
Impact Study) process that will probably take 2 to 3 years.
South Runway Restrictions:
Mr. Eisengrein stated that FAA will never allow Broward County to control airsPace use
determination with or without federal funds and will never approve the proposed air carrier
runway unless the aircraft may land and take off freely in both directions. Mr. Eisengrein
based his knowledge of this information on his position with FAA as a Senior Attorney for
airporr access which is where such decisions originate. He cautioned the Commission that the
new carrier runway with take off and landings to and from the west will require removal of
the existing Hilton Hotel since it will be located within the 100 to 1 glide slope required in
FAA air carrier runway construction standards.
County buying impacted homes
Mr. Eisengrein cautioned the Commission to ponder the promises that are being represented
by Broward County that would require them to be met before the FAA issues its final
Environmental Impact Statement. Irrespective of the FAA issuing a final Environmental
Impact Statement, local Dania residents can take action to put the County on notice that they
will seek noise andlor air pollution damages that exceed Federal Standards which are assessed
on a daily basis.
Mr. Eisengrein disagreed with the newspaper anicle about Dania using the 1.5 million dollars
that they may get from Broward County for the sewer lines east of Federal Highway to create
3WORI<S,IIOP MEETING JWY 7a,7995
Mr. Eisengrein mentioned that he made a presentation before the City of Dania Airpon
Advisory Committee on June 22. His presentation included his opinion that there is no
likelihood with today's budget cutting environment that the FAA will ever suppon a 300
million dollar runway extension just to change a general aviation runway by a little over 3000
feet to meet air carrier standards for a new air carrier runway.
a Purchase Assurance Program. He advised that the propeny affected by Purchase Assurance
Agreements are those that will be reflected in a change to Broward Counry's Part 150 Noise
Program and may acually include some property that later may be required to comply with
the FAA airport clear zone constnrction standards. He made it clear that property impacted
by noise are the only properties given Purchase Assurance consideration. He recommended
that Dania hold off on this option until Broward County initiates the change in their Part 150
Noise Plan and the Federal Government funds the noise impacted land. He thought that it
would be unlikely that FAA would approve the Part 150 change request while the entire issue
of funding the one billion dollar airpon expansion is in question. He urged the Commission
to consider his consulting expertise to monitor the airpon expansion process to assure
maximum protection of the various economic and environmental best interest of the City of
Dania.
City Attorney Adler questioned Mr. Eisengrein on whether or not he solicited Broward
County first for employment. Mr. Eisengrein advised that he solicits many sources and that
his contact with Broward County was done as an experiment on his part at the reque$ of
some of his former FAA people who have told him specifically that the project would never
go through. He expressed his dissatisfaction with being asked the question based on his
feelings that it is unprofessional.
Commissioner Jones thanked Mr. Eisengrein for providing his presentation to the
Commission and suggested to defer the item until the issues listed in the newspaper afticle can
be funher examined.
Commissioner Mikes mentioned that once Mr. Eisengrein is retained by the City he would
have a conflict of interest with the County and that Mr. Eisengrein seems to have sincere
concern for the residents. He stressed the need for the City to hire someone with his
experience and knowledge of the FAA system without investing a lot of money.
Commissioner Grace recommended to negotiate an agreement with the County since
attorneys have already been hired and so much money has been spent. She couldn't
understand why the Commission should think that Mr. Eisengrein can change anlthing since
Attorneys Ed Cunis and Earl Gallop were unsuccessful.
Commissioner Jones mentioned that Mr. Eisengrein's proposal is a year and four months too
late and that the attorneys filed too early and made frivolous after frivolous intervention
which is causing the City to be laughed at with Broward County. He stated his concern that
the City has spent $300,000 so far with $100,000 left with nothing to show for it.
Commissioner Jones would only consider hiring Mr. Eisengrein if Cunis & Curtis and Earl
Gallop were no longer utilized.
Commissioner Mikes explained that Mr. Eisengrein would not be a litigator but a consultant
to help the attorneys in the FAA area which would save costs. Commissioner Mikes agreed
with Mr. Eisengrein about losing the Hilton Hotel and that the County is not giving Dania
anlthing with the 1.6 million dollar offer for a Purchase Assurance Program.
WORKSIIOP MEETI]\IG 4 JWY 78,7995
Mr. Eisengrein explained that he would keep costs down to around $15,000 the first year alnd.
was confident that there would not be a new runway with the use of his influence with
prominent people in Washingon and FAA.
Vice Mayor Benino suggested to have Mr. Eisengrein's Consulting Agreement placed on the
next Commission agenda for action.
ITEM 2 \flAS HEARD AT THIS TIME
5. Office space for City Commission
City Manager Flatley presented the idea of using the small conference room for the City
Commission so that there would be individual bins available for them to store their
paperwork.
Commissioner Mikes suggested that the area be made functional by having monthly reports
from the Finance, Fire and Building Depanments, management .iournals and a computer
terminal provided. The Commission agreed that the area would provide them a better place
to meet with people.
6. Collection of unpaid liens
Marie Jabalee, Acting City ClerVFinance Director, mentioned that there is no leverage with
the outstanding sanitation bills in the Griffin Road area because the City cannot turn water
off since Broward County supplies the area with water.
Marie presented the following two options:
e Place the billing back on the Broward County tax rolls as a non-advalorem assessment
. Make arrangements for the County to bill Dania's sanitation charges on their utility bills.
Commissioner Mikes felt that the County should be made responsible to provide a phased in
or transition period when unincorporated residents are changed over to a municipality and
that the City may need to contact the City's legislators.
Marie mentioned that the County would not keep the sanitation billing on the tax rolls when
the propenies were annexed into Dania and suggested to contact the Property Appraisers
Office about imposing an assessment tax. City Attorney Adler advised that a special
assessment would be figured by taking the monthly charge times 12 months that would be
paid in addition to taxes each year. Discussion followed on the large amount of money that
would be required at one time.
Marie mentioned that most of the charges are implied penalties and that people want to make
arrangements for payments on the recorded liens when they sell their properties. She
5WORKS.HOP ME,DTING JWY 74,7995
explained that this does not take care ofthe current account billing charges. Commissioner
Mikes didn't think that Dania should waive penalties at the time properries are changing
hands. City Attorney Adler stated that the outstanding accounts will be sent a letter
demanding payment and advising them that they will be turned over to a collection agency.
Vice Mayor Bertino understood that the liens are collectible when property is sold and that
the property can be foreclosed on i{ necessary. Marie mentioned that the city cannot foreclose
on homestead property but can take action on commercial property. City Attorney Adler
advised that this does not always work out when mortgages take first consideration. City
Attorney Adler suggested to do what Hollywood is doing and hire a collection agency. Marie
mentioned that she would like to try Transworld for the outstanding liens since their
procedures didn't seem high pressured and payment would be made directly to the City.
Commissioner Mikes mentioned that there may be a problem with people paying on an
annual basis and Vice Mayor Benino was concerned that the City would have to front the
money for the sanitation services since taxes are paid in arrears. Vice Mayor Benino
recommended to pursue foreclosure on non-homestead propenies and Marie mentioned that
many of the vacant lots with mowing and Code Enforcement liens could possibly be
foreclosed on.
Marie agreed to bring back a procedure on a collection agency to the Commission.
DISCUSSION
Commissioner Mikes mentioned that Realtors mu$ divulge to prospective buyers when
properties will be impacted by an airpon expansion or they can get sued. Commissioner
Mikes stressed the need for Purchase Assurance Programs and resale programs to keep the
City from having blighted neighborhoods.
City Attorney Adler mentioned that current negotiations on the Interlocal Agreement
involves a section that would make Purchase Assurance mandatory or the it would be a
breech of contract. Conditions are also being added to provide City review and approval of
the noise plan.
This meeting uros odjourned.
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WORI<S.HOP MEETING JULY 7A, 7995