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HomeMy WebLinkAbout2005-05-24 CRA Board Regular Meeting Agenda AGENDA COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY, MAY 24, 2005 - 6:30 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR I1EARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PA1D'10 LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE. NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON, CITY CLERK, 100 W. DANIA BEACH BLVD., DANIA BEACH,Fl. 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR"FO-]'HE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLF,ASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT]'III,MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. Call to Order 2. Appointment of Chairperson and Vice-Chairperson 3. Appointment of Legal Counsel 4. Schedule Regular Meeting Dates 5. Adjoumment MEMORANDUM TO: DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY FROM: MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A. DATE: MAY 24, 2005 RE: DANIA BEACH CRA As proposed counsel to the Dania Beach Community Redevelopment Board (the `Board"), we have assisted the CRA in investigating the acquisition of various parcels identified within the boundaries of the CRA. We have also reviewed the application submitted on behalf of the City and CRA to Broward County (the "County") for funding of the proposed land acquisition of the property commonly referred to as the Dania Beach Hotel parcel (and surrounding parcels) and the County's request for certain additional information. On April 28, 2005, we attended the CPA Workshop meeting. Thereat, we made the following recommendations or suggestions: 1. The appointment of a Chair and Vice-Chair for the CRA; 2. The designation of an appropriate schedule of ordinary meetings of the CRA (most probably, quarterly meetings at the inception); 3. The potential appointment of an executive director to coordinate and control all CRA activities, acquisitions and business; 4. The potential retention of a person or entity to conduct a study reviewing (and making recommendations to amend) the City's current building and zoning codes, or the creation of separate such codes applicable to the CRA boundaries; and 5. The formal retention of this firm as counsel to the CRA. As a result, the CRA has scheduled a meeting for May 24, 2005 at 6:30 p.m. to consider these matters, amongst others. In addition, given the County's request for a second appraisal of the Dania Beach Hotel parcel, we have made contact with Ed Woolslair, a well-regarded local appraiser skilled in governmental and eminent domain appraisal services and consultation. Mr. Woolslair's curriculum vita is May 24, 2005 Page 2 attached, as is his fee proposal for his services. We recommend that the CRA authorize his retention and preparation of the second appraisal. As you may recall, the property was originally appraised by John Hagan, whose appraisal valued the six parcels comprising the Dania Beach Hotel parcel as follows: Parcel I —$2,500,000 Parcel 2 - 295,000 Parcel 3 - 135,000 Parcel 4 - 101,000 Parcel 5 - 130,000 Parcel 6 - 74,000 Total $3,235,000 Mr. Hagan's appraisal was dated as of September 30,2004. Although this appraisal was submitted to the County as part of the Land Acquisition Loan Program Application dated January 25, 2005, we believe that it may be necessary to update the same. As such, we recommend that Mr. Hagan be retained to update his appraisal to a June 1, 2005 date. This will assist not only in the loan process with the County, but also be available for use should voluntary negotiations with the property owners be unsuccessful. In that event, the CRA will have no alternative but to proceed with eminent domain proceedings under Chapter 73, Florida Statutes, as authorized for the CRA under Section 163.375, Fl. Stat. Further action of the City and/or the CRA will be requested prior to proceeding with any eminent domain proceeding. Upon receipt of the updated Hagan appraisal, and the Woolslair appraisal, we or someone else on behalf of the CRA will make contact with the effected property owners. Until receipt of those appraisals, contact with the owners is premature. Copies will also be provided to the County for their consideration. In addressing the owners, the procedures of Chapter 73, Fl. Stat., governing eminent domain, will have to be followed. Although the statutes have various procedural requirements, certain pertinent information is as follows: 1. The City and CRA must specifically authorize, by resolution, any eminent domain proceeding as to the subject property; 2. The CRA must attempt in good faith to negotiate with the property owners, including the provision of a written offer that conforms with the statute's requirements (including provision of the appraisals if requested); 3. The property owner has 30 days to respond to the written offer before an eminent domain proceeding may be filed; 4. During this pre-suit phase, the parties may agree to submit the matter to nonbinding mediation. In the event of an agreement being reached, the owner May 24, 2005 Page 3 will be entitled to recovery of its attorneys' fees and costs, as is generally otherwise provided for in an eminent domain proceeding; 5. If a business is operated on the property, and has been so operated for in excess of 5 years, Section 73.071 provides for the potential recovery of business damages; 6. If voluntary pre-suit negotiations are unavailing, a condemnation petition may be filed; 7. Once filed, a summons to show cause is directed to the owner, and thereafter personally served, to show cause why the property should not be condemned, and to assert their defenses not less than 28 nor more than 60 days from the date of the summons; 8. Offers of judgment are authorized, but can not be filed until 120 days after the defendant owner has answered the petition; 9. A jury trial may be requested, and if so, is comprised of 12 jurors; 10. Attorneys' fees are awarded based, in part, upon the benefit obtained by the owner, measured by the last written offer versus the final judgment of value. The amount is a percentage based on that benefit, ranging from 33% of any benefit up to $250,000 to 20% of any benefit in excess of $1,000,000. Costs are also awarded the owner, including appraisal fees; 11. Within 20 days after rendition of the judgment, the CRA must deposit the judgment amount in the court registry for payment to the defendant owner for the property (assuming no appeal is filed, in which case payment is withheld pending determination). Thus, if voluntary negotiations are not successful, the exercise of eminent domain may lead to protracted and costly legal proceedings. No assurances of the time frame involved can be provided. We hope that this information assists the Board in understanding the process, and look forward to working with the CRA throughout. Woolslair & Associates, Inc. Appraisers - Consultants Mr. William G. Salim, Jr., Esq. 100 Corporate Drive, Suite 510 i Fort Laudrdale, Florida 33334 Re:Dania Beach Hotel parcel Dear Mr. Salim: I have reviewed the six individual properties included as part of the Dania Beach Hotel parcel and made a cursory inspection to familiarize myself with the potential assignment. As we discussed, the separate valuations could be included under one report cover. The properties all appear to be commercially zoned and two of the five properties on Southeast Vt Avenue are improved with single-family homes. Any contribution to value provided by the homes must be considered. Similarly, the Dania Beach Hotel is an old structure of possible historical significance and research and analysis relative to the improvements' contribution to land value is important. Although each property requires analysis with regard to its highest and best use, the conclusions pertaining to these three properties will require additional support. The individual parcel fees and the total appraisal report fee is presented as follows: Folio No. Property Owner Appraisal Fee 0234-10-0010 Dania Beach Hotel LLP - hotel $ 6,300 0234-03-0080 Bruce B. Codner— retail building $ 4,200 0234-03-0070 Bruce &—Terry Codner—vacant lot $ 1,800 0234-03-0060 SPEC Brothers LLC —single-family home $ 1,400 0234-03-0050 James Roberts - single-family home $ 1,400 0234-03-0040 John A. Leto, Sr. —vacant lot 1 000 $16,100 Total I appreciate the opportunity to work in the City of Dania Beach and if you need any additional information or have any questions, please feel free to call. Very truly yours, Woolslair & Associates, Inc. Edgar J. Woolslair, MAI State-Certified General Appraiser License No. RZ1487 8490 State Road 84, Davie, Florida 33324 954-452-0990 Fax 954-452-4243 Qualifications of Edgar J. Woolslair, MAI 8490 State Road 84, Davie, FL 33324 (954) 452-0990 Fax (954) 452-4243 Education University of Florida, Gainesville, Florida Major: Real Estate Bachelor of Science Degree in August 1981 Broward Community College, Davie, Florida Major: Business Administration Associates of Arts Degree in April 1978 American Institute of Real Estate Appraisers: Completed courses IA-1, IA-2, Standards of Professional Practice A, B and C, Capitalization A, Capitalization B, Case Studies, Litigation Appraising and Report Writing. Society of Real Estate Appraisers: Completed courses 101, 102, 201, and 202. Various appraisal seminars in conforming with the continuing education requirements of the Appraisal Institute and the State of Florida. Licenses Licensed Real Estate Salesman, activated July 1982 State Certified General Appraiser, License No. RZ1487 Professional Affiliations Appraisal Institute, MAI - South Florida Chapter 24 Association of Eminent Domain Professionals Professional Other Unsafe Structures Board —Town of Davie, Florida — May 2001 to present. Appraisal Experience President, Woolslair &Associates, Inc. - April 1997 to present. Real Estate Appraiser/Vice-President, Hinton & Associates, Inc. - July 1982 to April 1997. An abbreviated list of property types appraised includes offices, warehouses, shopping centers, retail buildings, automotive facilities, gas stations, hotels, single family homes, apartment buildings, car rental facilities, airport improvements, railroad corridor land and improvements, marina facilities, environmentally sensitive lands, subdivision analysis, special purpose properties, groves, greenhouses, and a variety of easements. Appraisal experience is mainly in Broward, Miami-Dade, and Palm Beach counties. Various appraisal assignments have also been completed in Brevard, Marion, Lee and Desoto Counties. Qualified as an expert witness in Broward, Miami-Dade, Palm Beach and Marion Counties, Florida.