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HomeMy WebLinkAbout1367 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION WORKSHOP MEETING OCTOBER 10, 2002 1. Call to order Mayor Chunn called the meeting to order at 6:08 p.m. 2. Roll Call: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato Assist. to the City Clerk: Miriam Nasser Absent: Commissioner: C.K. McElyea 3. Report on City Human Resources Policies and Procedures on Human Diversity. (City Manager Pato/Mary McDonald, Adm. Services Director) Mayor Chunn stated that he would like to pull this item and bring it back at a later date, as Mr. Jeffery C. Gorley, President/CEO of the South Florida Human Rights Council Inc., was out of town and will be unable to attend tonight's meeting. The Commission generally agreed to move forward and have an update on the subject. City Manager Pato said that the City has taken adequate steps to address human relations and that policies are in place. Training has been conducted in the areas of human relations and awareness and the City has not had a complaint from any employee for several years. City Manager Pato added that Ms. McDonald came to the City with very strong credentials and that she holds a Certificate on Diversity Training. City Manager Pato reported that he also holds a Certification in Diversity Training. Mary McDonald, Administrative Services Director, explained that the City has been proactive in establishing an environment of mutual respect, whether it refers to racial, gender or age differences. She further advised that Diversity is a program that is not something you can lecture on, but does require employee participation; the main purpose is education. Ms. McDonald said copies of the Diversity Program are available in Personnel for review by the Commission. Director McDonald explained that in March of this year the City implemented an Harassment Policy covering all types of harassments, not only sexual behavior, and that it provides a healthy atmosphere in case an employee has a concern. She said that MINUTES 1 OCTOBER 10, 2002 WORKSHOP MEETING i • there were comments that there were complaints at the Public Works Department but no complaints have been filed. Director McDonald further explained to the Commission that she conducted a Pilot program with Department Heads, which was called "Diversity", and that they have now decided to call the program "Human Relations and Awareness". She advised that at present there are seven classes scheduled on Tuesdays, beginning Tuesday, October 15'h and that classes are limited to 18 people and last for 2 Y2 hours. Vice Mayor Flury asked Mary McDonald that once the Pilot program is done and she is satisfied with it, to have it posted and available to commissioners or anyone who may be interested. Vice Mayor Flury also asked if there was any time frame to have the program completed with all employees. Ms. McDonald expected every employee to complete the program by June 2003. City Manager Pato added that this would be done with every new hire as part of their introduction to the City. 4. Presentation by Chamber of Commerce. (Morris Stowers, Director) Morris Stowers, Executive Director of the Dania Beach Chamber of Commerce, distributed a letter (copy attached) with a formal request for a donation of $8,000 from Bus Bench revenues. Mr. Stowers said the funds would be used for economic development growth in the Dania Beach community and that the Chamber would report to the Commission on a quarterly basis. Mr. Stowers advised that based on their current business support, this year's Tourism Directory will be dedicated to marine industry. Commissioner Mikes was very pleased to hear that the Chamber has moved to the marine industry theme. Commissioner Mikes mentioned the need to see a complete financial statement from organizations requesting financial assistance from the City and that the policy has been in place for years. Commissioner Mikes said that the City is already expending a lot a money funding projects involving economic development like the CRA and Main Street and revenues have not yet been seen. He suggested that the Chamber stay totally out of City politics as he thinks that in the long run, it works against the Chamber. With .an election coming up, he suggested the City Manager send a memo making a statement that no political material be distributed by Chamber members, since the Chamber resides in a City building. Rose Lizana, Chairperson of the Board of Directors.of the Dania Beach Chamber of Commerce, commented that she has always been very careful to make it clear that the Chamber is definitely not a political organization. Mr. Stowers reiterated to the Commission that their financial report is available to anyone who wants to come and see it, being as they are, a non-profit organization. Commissioner Bertino agreed that a donation should be made to the Chamber to help business without waiting for the bus bench revenues to begin. He then said he would like to put an item. on the next agenda to come up with a reasonable contribution to the Chamber and that Mr. Stowers should present a complete financial breakdown on how they use their funds. On the subject of economic development, City Manager Pato explained that the Commission recently approved the budget that included funds for economic MINUTES 2 OCTOBER 10, 2002 WORKSHOP MEETING development. City Manager Pato preferred to control the funds and to work with Mr. Stowers on specific needs. He then asked the Commission to consider this when the item is brought before them at the next regular Commission meeting. Ms. Lizana added that with the new Executive Director, Mr. Stowers, the Dania Beach Chamber of Commerce is growing and going in the right direction. 5. Direction on surplus property issues. (City Manager Pato/Attorney Tim Ryan) City Manager Pato introduced Attorney Tim Ryan and advised that a list of city-owned surplus properties had-been provided to the City Commission. Attorney Ryan explained�that before looking at each property, he would like to mention that there are two processes by°which surplus property can be sold: (1) the first method is that the Commission determines by-a super majority vote that a property is surplus and no longer serves a public.purpose and,is put.back on the market and sold by an advertised bid; (2) If property is acquired through the City's foreclosure of any municipal. lien or for delinquent taxes, then it can be sold and marketed by a real estate broker. Vice Mayor Fluryasked Attorney Ryan if there is anything.that ensures that a property cannot be sold between the time that the appraisal is done and the time that it gets to the realtor. Attorney Ryan explained that the appraisal will actually be done before the City determines that a property is surplus and that the resolution includes this verbage. City Attorney Ansbro explained that according to the City Charter, if a property valued by a qualified appraiser exceeds $250,000.00, it could only be sold by referendum of the electors. Attorney Ryan added that the recent change made to the Charter provides an exception for those properties that are acquired by lien foreclosure or delinquent taxes, but none of the properties being presented tonight approach this value. Commissioner Bertino requested that City Attorney Ansbro look into the legal matter. City Attorney Ansbro said that this is a technical legal requirement that needs to be checked, but not an issue at this meeting. Mayor Chunn asked Attorney Ryan if this process would make it easier for Habitat for Humanity projects. Attorney Ryan explained that the new.process makes it easier for the City to market properties.and would-be.an easier process for.Habitat for Humanity homes. He added that by enacting the change in the Charter, the City provides .assurances that fair market value would be received when selling surplus property. Parcel #1 Attorney Ryan explained that the property was acquired through delinquent tax action and could be marketed as surplus property with a real estate broker. Further discussion followed between the Commission, Growth Management Director Leeds, the attorneys and City Manager Pato regarding right of way access. It was finally decided that the property should be appraised and a Title Search conducted and that the adjoining property owners should be notified. MINUTES 3 OCTOBER 10, 2002 WORKSHOP MEETING • Parcels#4 thru #8 Attorney Ryan explained that this property had been considered for the western Fire Station and was purchased by the City in 1998 from Alandco. After a brief discussion, the general consensus of the Commission was to retain the property for Fire Station use. Parcels #20 and #22 Attorney Ryan explained that these properties were acquired through delinquent taxes. He.asked Director Leeds to explain whether these properties could be developed as residential. Director Leeds advised that these two properties are included in the CRA plan as part of the new Marine District. It was the general consensus of the Commission to retain these properties. Parcel#40 The Commission and staff generally agreed that the property should be retained and used to enhance the neighborhood and turned pinto something nice,for.the community. Parcel#44 thru #46 Attorney Ryan explained that the City acquired the parcels as a result of lien foreclosures. A settlement had been worked out between the hospital district, the City and the mortgage holder to provide for disposition of the property by dividing the proceeds between the three entities. The matter is now before the courts and is being handled by City Attorney Ansbro's office and it may require a Quiet Title Action to determine the various interests in the property. Attorney Ryan added that this property was declared surplus some years ago, put out to bid, and that the City received very low bids and the Commission rejected all bids received. City Attorney Ansbro advised that about a month ago he went to the judge on the case and it was.determined that the.City would need to do a Quiet Title Action allowing only the:City, -the.-hospital district and .the mortgage holder to sell the property. Attorney Ansbro further said that in order to start these proceedings,.Attorney Ryan or he would need the approval of the Commission and that wme money-would have to be.expended to settle the.matter. City Manager Pato inquired as to how much would be left for the City if.the property is sold.and monies are distributed toAhe different entities. Attorney Ansbro advised that some years ago the City had an offer of$65,000.00 and he thought .that the property would now be worth double the amount. He recommended that the property be declared surplus. Attorney Ryan explained the formula for selling the property and how the money would be apportioned. Further discussion followed among the Commission, the attorneys and Director Leeds relating to the possibility of rezoning the property to commercial use. Consensus of the Commission was to sell the property and once the Title Deed is obtained, add some restrictions as to the use to guarantee the City will not have any more code problems. City Manager Pato also said he would like to see a projection of what the cost would be and the attorneys agreed to convey this information to the City Manager in due course. • MINUTES 4 OCTOBER 10, 2002 WORKSHOP MEETING Parcels#56 and #57 Attorney Ryan explained that because there are a lot a vacant properties to the west of this parcel the property could be offered to the County for open parks or environmental use. Further discussion followed among the Commission to decide how to proceed with this property, whether to trade it with the owner of the adjacent parcel, or with the School Board. It was the consensus of the Commission to ask Broward County to come and discuss the issue with the City Commission. Parcel#58 Attorney Ryan briefly described the parcel. It was the general consensus of the Commission to retain the property mainly because it is contiguous to the water plant. Parcel #62 Attorney Ryan explained thatthis.is avery small parcel.in the northwest.section acquired by non-payment of taxes. Discussion followed between the Commission, Director Leeds, City Manager Pato and Attorney Ryan as to the fact that this parcel is so close to BSO Sub-Station 803 and that the City should retain it incase it is needed for future use. Parcels#63 and #64 Attorney Ryan advised that the two (2) parcels were acquired through delinquent taxes. • Director Leeds explained that a single family home could be built on each of the lots. The consensus of the Commission was that the parcels are marketable and should be declared surplus and to record a Restrictive Covenant on the Deed with a condition for single family use only. Attorney Ryan agreed to have the lots appraised and bring forward a resolution, declaring the'lots surplus for approval by the Commission. Attorney Ryan suggested to hold another Commission Workshop in about 3-4 months so an:update.could be.provided.on the.properties. City Attorney Ansbro also mentioned that there are other properties in.the northwest section that could.be used for single family homes. The Commission generally agreed to,address the issue again in three months. Director Leeds asked Attorney Ryan about apiece of.property behind the old laundry that has a huge lien on it. Mr. Leeds'added that this is a very complex situation as he has received inquiries about the laundry building and questions.as to the possibility of using the lot for parking. However, the lien is about $200,000.00 and there are several parties involved with-the property. Attorney Ryan agreed to look into the matter. Vice.Mayor Flury requested that for the next Workshop the maps show the group of properties with a different color than the new ones that will be presented. 6. Update on Harbour Towne Lease and report on marina property appraisal. (City Manager Pato/City Attorney Ansbro) City Manager Pato explained that the City has moved forward on the appraisal of the Harbour Towne property and that the documents requested by the appraiser were MINUTES 5 OCTOBER 10, 2002 WORKSHOP MEETING delivered last week and that a report is due in November. The report will include an appraisal of the fair market rental for the lease side, an estimate of the appraised value for the lease, and all the on site improvements to date. Commissioner Mikes pointed out that the key is to determine the current income and that he would like to know what Harbour Towne pays to Southeast Bank. City Manager Pato advised that he will keep the Commission informed since the City wants a new agreement as soon as possible. City Attorney Ansbro added that a survey will be obtained showing who owns what and that it will be distributed to the Commission. 7. Discussion of Pier Restaurant..(City Manager Pato) City Manager Pato explained that.he hopes. to bring_ two candidates .interested in pursuing the Pier restaurant before the Commission. He further mentioned that Mr. Neal Aronson, Architect for Aronson & Associates, will update the. Commission on the conversations he has,had with the candidates. He did not want to reveal the names of the parties who are interested and pointed out.the complexities of the issue. Mr. Pato added that the designs,being;considered can be accomplished and that they are trying to see if it can be done within the budget that has been set aside for this project. Commissioner Mikes said he would like to mention that there is a piece at the north end of the marina parcel that he would like the City to re-acquire, and that maybe the City could talk to FAU on this matter. Commissioner Bertino agreed with Mr. Mikes that this should be done. City Manager Pato agreed to speak to FAU on this matter and keep the Commission informed. Neil Aronson explained that both parties seemed interested in a building with two-stories plus a third floor for an observation area. He further said that one of the parties mentioned to him that instead of just having a restaurant, they would also like to have an assembly room for weddings, banquets and to utilize the space for grand occasions. He thought most people were looking to maximize the seating capacity and retain the flexibility of the structure. Mr. Aronson further said that they have come up with a lot of creative ideas and that everything is possible, but that he would need the direction of the Commission on how to proceed. Vice Mayor Flury asked Mr. Aronson if he has 'considered'the funds allocated for the project and that Mr. Aronson should not be designing anything that will cost the City more than the budgeted amount. Mr. Aronson advised-that anything over and above the amount of$650,000.00 would be the responsibility of the final restauranteur .. Commissioner Bertino pointed out that the City is paying Mr. Aronson to do the design for the City and he disagreed with other people using the City's architect, at the City's expense. City Manager Pato and Mr. Aronson both clarified to the Commission that no moneys will be incurred until a customer has been picked. Commissioner Mikes advised that what is very important to the Commission is that whatever is built is for the use of the people of the City of Dania Beach and not for • occasional weddings or banquets. City Manager Pato clarified that both candidates MINUTES 6 OCTOBER 10, 2002 WORKSHOP MEETING have been in business for many years and that they would help to make the beach a tourist destination. Commissioner Bertino asked City Attorney Ansbro on how the project should proceed. City Attorney Ansbro explained that the Charter provides that leases to City properties do not have to go out for bid. Vice Mayor Flury mentioned that she would like the City Manager to take the next step and bring it back to the Commission for a final decision and then they could begin to look at plans. City Manager Pato informed the Commission that they would have to pick the best formula to be used and that it must be the best interest of both parties. Mr. Pato also stated the project is a considerable investment and that the candidates are looking for long term leases. City Attorney Ansbro finally. said that the City's commitment for this project is $650,000.00 and additional costs would be assumed by the prospective tenants. City Manager agreed to take the next step and bring more information back to the Commission. 8. Adjournment. This meeting adjourned at 8.05 p.m. R BERTH. HOW, JR. M YOR d E T: CHARLENEJ NSON CITY CLERK APPROVED: NOVEMBER 26, 2002 • MINUTES 7 OCTOBER 10, 2002 WORKSHOP MEETING