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HomeMy WebLinkAbout101304 - MINUTES - City Commission MINUTES OF WORKSHOP DANIA BEACH CITY COMMISSION SATURDAY, SEPTEMBER 6, 2008 — 9:00 A.M. 1. Call to Order Mayor Jones called the Workshop to order at 9:04 a.m. 2. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: Patricia Flury BSO Chief Donn Peterson reported that they have been conducting an operation and have arrested 45 people for serious violations of drug transactions and violent crimes; 6 Dania Beach residents are in federal custody. The sweep is still in process, so he did not want to reveal too much information. 3. 50150 Sidewalk Program Vice-Mayor Castro indicated that in some cases the 50% payment for homeowners can be expensive. The other issue is communication between departments. She said there were 2 cases where people paid, but their payments were credited to the wrong account and the residents were still fined. Mayor Jones said that there is miscommunication between staff and the residents regarding the process. Patricia Varney, Director of Finance, noted that Finance, Code Compliance, Public Services and the Assistant City Manager recently met and developed procedures for the 50150 Sidewalk Program. The plan describes staff responsibility for each step of the process and is kept in a shared database. Vice-Mayor Castro requested an update in six months on the operation of the new system. Commissioner Bertino noted that Dania Beach is one of the few cities that offers this program to its residents. Commissioner Anton said we are losing sight of the fact that we work for the residents of the City, and we need to take the extra steps to assist them and help them to understand what is going on. We also need to utilize discretion from time to time. Vice-Mayor Castro noted we are public servants and we need to be careful in how we talk to residents. We need to be respectful, not threatening or demeaning. She acknowledged that staff should not be verbally abused; however, citizens have the right to criticize the government. She noted this is not just a Code Compliance issue, it is directed toward staff in all departments. We need to stop being defensive and start being helpful to the citizens. Mayor Jones indicated we need to do a better job at customer service. He also said that he does not want Code Compliance to cite property owners for violations other than the particular violation that has been reported. We should not be "piling on"other violations. Commissioner Bertino commented that staff needs to understand that residents are getting frustrated and they don't have anybody to listen to them. We need to let cooler heads prevail, even though our workers have the same problems as everyone else. He asked the workers to rise above it and just let it go and keep moving forward. The local government is always the one that gets beaten on. Nick Lupo, Code Compliance Manager, addressed the concerns of the Commission. He noted that they prioritize violations and handle them as they come in. When they respond to a violation, they look at the whole property and address all the violations on the property. They use discretion, and do not consider it "piling on"; it is addressing the property as a whole so that there are no more violations. He indicated that residents are complaining because Code Compliance is doing their job. They address safety and health issues, while giving people the benefit of the doubt. He stated that since he took over the Unit 2 years ago, they have become more responsive than the previous Code Enforcement Unit. Vice-Mayor Castro acknowledged that the Commission wants the aesthetic issues addressed by Code Compliance, but perhaps we need to address the life safety issues first. She indicated that we are overwhelming people with all the other items that get added on to the original violation, especially when their neighbors are not being cited for the same violations. Commissioner Anton commented that we do not always use discretion when responding to a code violation. We need to be less authoritative and more respectful to our residents. He agreed that we should back off a little bit on non-life-safety issues. He noted this is constructive criticism, our departments are doing an excellent job; this is to provide a clear and concise direction. Minutes of Workshop 2 Dania Beach City Commission Saturday,September 6,2008—9:00 a.m. City Manager Pato noted we only have $5,000 for training in the FY 2008/09 Budget, and it has been difficult to fund the necessary training for staff. He encouraged the Commission to allocate extra funds for training during the upcoming budget hearings. Vice Mayor Castro requested a comprehensive cost for customer service training before the Budget Workshop. City Manager Pato responded that it has already been done and he will provide it to the Commission on Monday or Tuesday. Y 4. Lien Process Attorney Tim Ryan, Special Counsel for the City, and Nick Lupo, Code Compliance Manager, explained the lien process to the Commission. They also discussed the process used for the Special Magistrate. Vice-Mayor Castro asked Mr. Lupo for a copy of aging by year of the 1,692 open violation cases. Mr. Lupo explained this would be time consuming, so Vice-Mayor Castro rescinded her request. City Attorney Ansbro clarified that the City does not enforce a fine for each individual violation, they bundle all the offenses together for a single fine. Attorney Ryan noted the fine is based upon 3 criteria: the Special Magistrate determines the amount of the fine based upon the gravity of the offense; the efforts taken by the violator to correct the offense; and past violations on the property. Vice-Mayor Castro was concerned with the discretionary time allowed by the Code Compliance Unit before filing the lien. She said everyone should be treated the same way. Mayor Jones opened the Workshop to the public at 10:28 a.m. Bobbie Grace, 110 NW 8`h Avenue, noted there are a lot of sidewalks that need to be fixed in the City of Dania Beach. She said that protocol is that the Commission and City staff work for the citizens; they would not have these jobs if it weren't for the citizens. She acknowledged that in today's economy people cannot afford to have all the repairs needed for their properties, and the City imposes too many stipulations on the requirements. She indicated that absentee landlords are deteriorating the value of the neighborhoods. She said the Commission was not working fast enough to get things done in the communities. Teddy Bohanan, SW 15`h Street, said the Commission needs to listen to the citizens. She said she has complained of code violations for properties over the past 14 years. She is tired of doing all the work in her neighborhood for absentee landlords. She indicated there are street people living in the foreclosed properties. Minutes of Workshop 3 Dania Beach City Commission Saturday,September 6,2008—9:00 a.m. Annette Hibbetts, 26 SW Ilt" Street, commented that the pink house on Sheridan Street is unlocked and the inside is trashed. She questioned how this could continue. Vice-Mayor Castro noted the Commission is working on the Neighborhood Comprehensive Plan in order to upgrade the neighborhoods. However, it is a long process, and today we are trying to find the priorities and establish policies to resolve the issues discussed today. 5. Foreclosure Properties Attorney Tim Ryan clarified that we cannot foreclose on homesteaded property. However, non- homesteaded properties that are in foreclosure require a motion to intervene from the City, unless we already have a recorded lien. It takes approximately a year and a half to get on the court docket for a foreclosure hearing. Commissioner Anton wants a quicker process to get properties into compliance. Attorney Ryan responded the quickest way to try to get some action would be to file a motion on behalf of the City to intervene in a foreclosure case. Vice-Mayor Castro agreed the process needs to be improved. She questioned what the City could do to encourage owners of foreclosed properties to let go of their properties and encourage capital investment. She said this should also apply to abandoned properties as well as foreclosed properties. She asked for a response from the CRA Director and BSO. Jeremy Earle, CRA Director, noted the process would follow the same process that was explained by Attorney Ryan. He said he would meet with other CRA Directors to see if they have additional information. Detective Richie Tarrant, BSO, noted they still have a code team in place and during the last week they boarded up six apartments that were in terrible condition. He advised that the Unsafe Structure supersedes what Code enforcement can do. He indicated that once the properties are boarded up, they sit there for many years before anything gets accomplished. He agreed that foreclosures and abandoned properties are an absolute nightmare. He noted the Building Inspector and Fire Marshal have the power to declare structures unsafe. Vice-Mayor Castro said we need to promote the sale of these properties, and we need to find out how to get properties to the Unsafe Structures Board. Commissioner Bertino acknowledged that we need to get investors into Dania Beach. He suggested we take some of the properties and go to the mortgage company and amalgamate them; upgrade the zoning so the properties are worth considerably more; and then we might attract some investors. Mayor Jones opened the Workshop to the public at 11:21 a.m. Minutes of Workshop 4 Dania Beach City Commission Saturday,September 6,2008—9:00 a.m. Cari Kresa, 905 Nature's Cove Road, noted she had to repair the sidewalk on her rental property two years ago and there is still concrete in the swale, and the orange cones have not been removed. She said the repair was not done correctly, however it was done correctly on the property across the street. She said she was also cited for broken screens, which she does not have; her awnings were down, but there is no violation for that. She also complained about having to get an Occupational License for rental properties because she had to show her Driver's License, and suggested it be called a Rental License. She addressed violations that were received for a building at Stuart's Garage; Millions of Parts; a Yard Sale at her father's house; right-of-way problems; and lawn mowing violations for their property at the Water Tower site. She indicated that she came to the City to inquire on property on NW 8° Street, and was told that for $250 the violation could go away. She said if the City worked with investors they could end the foreclosure problem. Ralph Eddy, 150 SE 3'd Avenue, said he had a communication problem with Code Compliance. He complained of a business being run out of a property at 222 SE 2"d Street, and asked Code to check the property because big trailers park on the property at night and on weekends. He remarked that Code Compliance did not return his call for 3 days. Robert Rock, 225 SW 151h Street, noted that people cannot use e-mail correspondence with Code Compliance because it is not reliable. He questioned if the City's e-mail system could be fixed so that Code Compliance would always receive e-mail correspondence. City Manager Pato noted that our firewall blocks out correspondence that has a lot of advertising attached to it. The City has a high level of security on e-mail correspondence. Kathryn Sadjak, Community Manager for Ravenswood Estates, 2121 SW 53`d Court, addressed a 4 foot fence height issue in which discretion was not used. She said she has a problem communicating with Code Compliance because they do not acknowledge people. She said there needs to be a way to streamline the process on foreclosed properties. She will forward her list of foreclosed and abandoned properties to Code Compliance. She would like to open a line of communication with Code Compliance, and would like to help mediate between Code Compliance and property owners in her association. Ms. Sadjak said common courtesy is a big issue, and you should deal with people as if they are human. She indicated that Code Compliance has lost the human touch. Reverend Robert Sands, Pastor of Community Bible Church, said that communication is a big issue. He has noticed that residents are not communicating with staff and he thinks it is because of the way that staff responds. He said staff needs training, and then they need to be held accountable. He questioned who was responsible for staff and where the accountability was. He stated we are in the people business, and we work for the people. Reverend Sands said that staff is not being held accountable for the way they communicate with the public. City Manager Pato explained the City's Performance Appraisal system, progressive discipline, and Union negotiations. He agreed that training was very important. Minutes of Workshop 5 Dania Beach City Commission Saturday,September 6,2008—9:00 a.m. Commissioner Anton commented that perception is the issue, even if staff does not see it as a problem. If people perceive that there is a problem, there is a problem. He said we do not need to be defensive; we need to deal with the problem. Vice-Mayor Castro noted we need to step away from personalities and address the issues. The problem is City-wide, not just Code Compliance. Ralph Cascone, 230 SE 2"d Terrace, addressed a hedge in front of his house for which he was cited. He indicated that the City Code addresses walls and fences, but not hedges. He does not believe he is in violation, and asked for clarification. Code Compliance noticed his property because of a complaint. City Attorney Ansbro noted that Code will meet with Mr. Cascone and review the code with him. Commissioner Bertino suggested we put a hold on hedge violations, and workshop it to discuss the height restriction on hedges. The consensus of the Commission was to review the ordinance, and put all hedge citations on hold. Art Beck, 4412 SW 500' Street, complained of vehicles parked on the corners. He questioned why we were addressing the small things, as opposed to the important issues, and said we all need to get along and work out our problems. Bill Black, Estates of Ft. Lauderdale, commented discretion inhibits the process and creates more anxiety for everyone surrounding the property. Jimmy Crimminger, 237 SW 15d' Street, pointed out that only 12% of residents have not paid the City for the 50150 sidewalk program. He commented that mortgages are held by hedge funds, as opposed to banks. He said the pink property still has electric and water service to the property, even though FPL and the City shut down these services earlier this year. This property is a health and safety issue. Mr. Crimminger indicated we need an ordinance that addresses cats. Robert Rock, 225 SW 15`h Street, said that perhaps the IT Department could bounce back a-mails that are blocked so that people know they did not get through. He also suggested the City reward employees for positive performance. Cari Kresa, 905 Nature's Cove, noted she made a public records request from Code Compliance and was told it would take 10 days to receive the information. She said that the Commission is powerless; the only person in control is the City Manager, and nothing will change unless he does it. Vice-Mayor Castro stated we are now addressing Items 6-10. She suggested that staff and the City Manager create a policy where the Code Compliance Unit actively pursues health and safety Minutes of Workshop 6 Dania Beach City Commission Saturday, September 6,2008—9:00 a.m. issues, but holds off on other issues until the One-Code is adopted. She would like clarification on the top health and safety issues. 6. Communication Program for City resident notification Vice-Mayor Castro noted we need to communicate more effectively to the public that we have stepped up code compliance. Commissioner Bertino stated we still need to continue with violations that have not been a contention. 7. Definition/Discussion of what constitutes Safety/Health Issues 8. Policy Direction as to what constitutes top Code offenses 9. Discussion of establishing a Moratorium until the One-Code is completed 10. Boat Issues 11. Discussion of Nuisance Abatement Ordinance Mayor Jones questioned when the City could address the issues caused by foreclosed properties and absentee landlords. He noted this was answered by Attorney Ryan during the lien discussion. 12. Discussion of Loitering Ordinance Commissioner Bertino thought this was a tool for the Police Department to be used with discretion. He stated he is in favor of a Loitering Ordinance. Commissioner Anton noted this Workshop was not to condemn Code Compliance, Public Services, or anybody in the City, it was held because we need to address the problem with communication. He noted we need to speed up the process with foreclosed properties, and be more responsive to our residents. He said we need to lead from the top down. Commissioner Anton noted the Nuisance Abatement Ordinance was developed when he was the Police Chief. He said if the Police Chief supports the Loitering Ordinance, he supports it. He stated we need to improve communication with residents. He would like a description of what constitutes health and safety issues, and favors a moratorium on the issues discussed today. Minutes of Workshop 7 Dania Beach City Commission Saturday,September 6,2008—9:00 a.m. Commissioner Anton noted the boat issues should be addressed by Michelle Mellgren, and we need to remember that we are a marine community. He said we need to have discretion with code violations. Mayor Jones commented that numerous young men and ladies are loitering on properties and we need a tool to insure that this will not continue. He stated that this issue needs to be addressed. Nick Lupo, Code Compliance Manager, asked the direction for the Code Compliance Division. Vice-Mayor Castro responded that Mr. Lupo needs to define life and safety issues, and tell the Commission the top violations that are enforced. Attorney Ryan clarified we are not enforcing the Hedge Ordinance until it is addressed by the Commission in a workshop; he noted that we will address the main violation and not add-on additional violations without first giving the property owner a verbal notice. Mayor Jones noted we need to address another issue today. Judy Usifer, 205 SE 4`h Terrace, addressed the health issue at her house due to the upgrade to the Lift Station. She asked City Attorney Ansbro how far onto her property the City could encroach. She said she fell down the other night because she tried to turn off the noise and waited 45 minutes for someone to come and help her. She said she called the City Manager and he called the Police because she was on City property. She said he did not call her back to see how she was doing. She asked the City Attorney for the documentation that shows the City can expand the Lift Station. Ms. Usifer stated Commissioner Bertino is the only Commissioner who did not return her call. She stated the Commission has a NIMBY (not in my back yard) attitude towards the airport expansion, but she has it on her property. She thanked those who listened and helped her. Commissioner Bertino noted he did not respond to Ms. Usifer because the City Manager told him there may be a Sunshine Law violation, therefore, he asked the City Manager to handle the situation. Ms. Usifer said she was disappointed that the City Manager called the Police on her, and did not call to see how she was after the incident. She said she was not informed of how close to her home the expansion would be. BSO Chief Donn Peterson confirmed they received a call from Ms. Usifer and the alarm company. He said there is no record of a call from the City Manager. Vice-Mayor Castro asked Ms. Usifer if the City could relocate her and her dog until the project is complete. Ms. Usifer responded the most comfortable place to be when you are sick is in your own bed. She said she should have been told in advance of the expansion so that she could have made other arrangements. Minutes of Workshop g Dania Beach City Commission Saturday,September 6,2008—9:00 a.m City Attorney Ansbro noted the easement allows the City to use the entire area for the Lift Station. Commissioner Anton asked what the City could do at this point to make Ms. Usifer's life easier. Ms. Usifer responded the City should have told her in advance. She wants everyone to know that she has a NIMBY. Commissioner Anton asked if we could turn off the pump. Dominic Orlando, Director of Public Services, responded the pumps need to be on, otherwise the neighborhood will not have water. He will meet with the contractor on Monday morning to see what can be done to alleviate some of the noise. Commissioner Anton asked BSO Chief Peterson to patrol the area to insure Ms. Usifer's safety. Director Orlando noted that Ms. Usifer does not want a Lift Station near her property. She has continuously called and complained of the noise and vibration from the Lift Station. Commissioner Anton stated we have a responsibility to our residents and we need to make her whole if she lost income because she lost her tenant due to the expansion. Director Orlando indicated that the lost rental income and additional water use should be paid to Ms. Usifer, as opposed to the contractor to soundproof the site. The consensus of the Commission was for the City Manager to address the issue. City Manager Pato stated that he has dealt with this issue in the most compassionate and patient manner than anyone else he knows. He wants the record to reflect that he has been very compassionate on this issue. 13. Adjournment Mayor Jones adjourned the Workshop at 1:15 p.m. ATTEST: CJITTY OF/D✓�A(NIA BEACH �yPRo'S Fit ', f' 'Ai+ - C � g ��� LOOSE STI SON, C C ° ` ALBERT C. JONO CITY CLERK —-- MAYOR-COMMISSIONER Approved: October 14, 2008 , Minutes of Workshop 9 Dania Beach City Commission Saturday, September 6,2008—9:00 a.m.