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HomeMy WebLinkAboutLegal Service Workshop MINUTES OF MEETING DANIA BEACH CITY COMMISSION LEGAL SERVICES WORKSHOP MONDAY, NOVEMBER 23, 2009 - 4:00 P.M. 1. Call to Order Mayor Castro called the workshop to order at 4:15 p.m. Mayor Castro announced that Commissioner Jones was tardy because he was attending a press conference at the County. Governor Crist appointed Commissioner Jones to fill the vacant seat of Broward County Commissioner Joseph Eggelletion. Commissioner Jones thanked the citizens for their support. He noted that this is a great opportunity for him to serve and represent the people and even though he will leave Dania Beach, it will still be in his heart. 2. Roll Call Present: Mayor: Anne Castro Vice-Mayor: C.K. "Mac" McElyea Commissioners: Bob Anton Walter Duke Albert C. Jones City Manager: Bob Baldwin City Attorney: Tom Ansbro City Clerk: Louise Stilson 3. Legal Services Discussion Commissioner Duke thanked staff for supplying the information that he requested. He also thanked the legal representatives for attending today's meeting. Commissioner Duke said this is a good opportunity to meet face to face and added that this type of review is normal in private business. He thinks we owe it to the taxpayers to review the way we do business and what is the best practice for a City our size. Commissioner Duke also wanted to discuss rumors that have predominated Dania Beach politics for a long time. He spoke about an email from Melaleuca Gardens Homeowners Association which was distributed regarding the Legal Services workshop which stated that we need to monitor it very closely because of the possible expansion of the south runway. Commissioner Duke clarified that this workshop has nothing to do with the Airport. He said Neal McAliley, White and Case, is a great attorney, and Brenda Chalifour is good at what she does, but accountability could be reviewed. Commissioner Duke remarked that this is simply a review of our legal services; it is not an indictment. PY g Commissioner Duke asked the legal counsels to identify themselves. Mayor Castro noted she was not involved in the email and noted it was in-courteous to discuss it and call it "misinformation". She stated that any citizen is entitled to send an email with their perspective. Tim Ryan, 700 E. Dania Beach Boulevard, noted they are the City prosecutor and counsel for the special magistrate code enforcement actions, property transactions and general services. He introduced Victoria Pappas who also works in his office. Commissioner Duke noted this meeting is strictly for accountability and best practices. He said the email was disappointing because there was no need to get people out for no reason. Commissioner Duke stated that he defends property rights every day and he will continue to do SO. Michael Moskowitz, 800 Corporate Drive, Ft. Lauderdale, noted they are the special counsel to the CRA as currently assigned by the CRA Director, previously by the City Manager and City Attorney. He indicated that they worked on drafts and final forms of various Interlocal Agreements, as well as the Library and Parking Garage issues. Attorney Moskowitz advised that their billing has been on an hourly basis since 2006. Commissioner Duke noted that Attorney Ryan was hired in 1998, and the hourly rate increased in 2003. Attorney Ryan noted that he worked for former Attorney Adler in 1986, but was officially appointed by resolution in 1998. Commissioner Duke noted that Attorney Moskowitz's billing is approximately $5,500.00 monthly. Neal McAliley, White and Case, Miami, noted that they are the outside counsel for Airport matters, including administrative, environmental, FAA and other litigation issues. He noted his firm has been representing the City since 2001, and he started in 2002. Attorney McAliley advised that he bills the City the same rate he charges other cities. Commissioner Duke noted that according to our records they bill the City for 90 hours per month, which represents $30,000.00 per month in fees. Attorney McAliley noted their billing is highly variable and there may be certain months that could be larger. He clarified there are no trial dates in these cases, and their decision is based on the administrative record. Attorney McAliley anticipates briefs will be due in the Spring of 2010. Minutes of Legal Services Workshop 2 Dania Beach City Commission Monday,November 23,2009-4:00 p.m. Jim Crosland, Bryant Miller Olive, noted they are the labor and employment attorneys for the City, including collective bargaining agreements, arbitrations and grievances. He advised that for the past six months they have billed the City $5,000.00. Jamie Cole, Weiss Serota, 200 E. Broward Boulevard, Ft. Lauderdale, noted he works for the City and the CRA, as well as land use and general government work. Commissioner Duke noted that our records show that Attorney Cole was hired in 1998 at the hourly rate of$150.00; which was increased in 2007 to $180.00 per hour. He advised that for the past 12 months they have billed the City for approximately $6,000.00 per month. Commissioner Duke remarked that Weiss Scrota handles a significant amount of issues for the City. Commissioner Duke noted that our Environmental Attorney, Brenda Chalifour, is not here tonight. He advised that Attorney Chalifour was hired in 2001 for $100.00 per hour, and the City has paid her over $350,000.00 so far. Commissioner Duke indicated that Attorney Chalifour submits the same blank generic invoice every month and we pay her $4,500.00 at the end of each month. Attorney Chalifour does not bill the City by the hour, only includes a general comment of what she does or who she talks to. He stated that her name only appeared once on White and Case billing over the past year which showed an average of less than four hours a month. Commissioner Duke asked if Attorney Chalifour lobbied for the City. He recommended that Attorney Chalifour bills the City and be accountable just like the other law firms we hire, whether it is at .6 or 15 minute intervals. Commissioner Duke asked City Attorney Ansbro for the scope of service he provides to the City. City Attorney Ansbro provided an overview of his daily work. Commissioner Duke noted that for 2009 there was $1M budgeted for legal services. He read the services that we outsource and asked Attorney Ansbro if he serves as the liaison between the City and the law firms involved. City Attorney Ansbro noted he is the general counsel for the City. Mayor Castro clarified for the record that City Attorney Ansbro works on most of the issues that we outsource, although there may be times when an outside attorney is needed to review it. She further questioned how much of his time the Commission took up on a weekly basis. City Attorney Ansbro responded not much. He further advised that he has been an attorney in South Florida for 45 years and has an AB rating. City Attorney Ansbro added that he has been with the City for 12 years. He provided a history of how each special attorney was hired. Mayor Castro noted that, to her knowledge, the City has no lobbyists. She questioned if Attorney Moskowitz was a lobbyist for the City. Minutes of Legal Services Workshop 3 Dania Beach City Commission Monday,November 23,2009-4:00 p.m. AttorneyMoskowitz noted he is not a lobbyist for the City of Dania Beach; he performs legal Y Y � P g services for the CRA. However, he registered as a lobbyist for the City Library project because it was required by Broward County. City Attorney Ansbro continued the special attorney update. He noted that he discovered that the City had a cost recovery ordinance but did not use it. City Attorney Ansbro stated that he initiated its use and the City has recovered costs. He advised that he took over some of the work provided by Tim Ryan this year. City Attorney Ansbro further provided details of the four lawsuit cases that the City is currently facing. He noted during his tenure as City Attorney he has never seen a construction litigation case. Mayor Castro noted that City Attorney Ansbro also worked on the "pain pill" ordinance, with BSO Chief Peterson. City Attorney Ansbro continued with his statement. He described several litigation cases where his participation had been essential. Lastly, City Attorney Ansbro noted that every city is unique, every city works differently. He said that when we want to have an issue resolved, he gets the best people to do the job. City Attorney Ansbro remarked he is a working city attorney and would like to remain that way. Commissioner Anton took issue with the Melaleuca Gardens Homeowners Association email mentioned earlier. He noted that when we are discussing outsourcing services we need to think of the Airport issue, which is one of the largest budget issues in the Legal Department. Commissioner Anton explained that Brenda Chalifour was hired at the recommendation of prior Commissioner Bob Mikes. He indicated that she is an environmental consultant and also represents some of the Melaleuca homeowners on Airport issues, pro bono. Commissioner Anton said that every year we have a budget workshop where we review and discuss in detail the legal costs and services. He questioned the reason for tonight's workshop. Commissioner Anton clarified that the email from the Melaleuca Gardens Homeowners Association was not a political issue, it was just to advise the residents of the workshop. Commissioner Jones noted that any Commissioner can bring an issue for discussion. He said his concern is where we are going or what this entails. Generally there is an end result. Commissioner Jones agreed that Brenda Chalifour should be more accountable. He thought that if there is an issue with the outsourcing done by the City Attorney, then it needs to be addressed with the City Attorney. This comes from the fact that at a recent meeting, he disputed that a Commissioner wanted to bring an attorney without the Commission approval. He hopes that there is a point to tonight's workshop, otherwise it is a waste of time and energy. Vice-Mayor McElyea noted that Mr. Ansbro is one of the best all around attorneys. Commissioner Duke said a get together to discuss critical issues is not a waste of time. We are going to hash it out to make sure we do the right thing and that we have the best staff. He noted the issues that Tom Ansbro does are on the bills from Weiss Serota and Tim Ryan. Commissioner Duke indicated that perhaps Tim Ryan could handle all City issues. He was surprised that Commissioner Anton, who is our Airport representative, did not know how Brenda Minutes of Legal Services Workshop 4 Dania Beach City Commission Monday,November 23,2009-4:00 p.m. Chalifour bills. Commissioner Duke questioned the City Manager on his conversations with Brenda Chalifour. He further said that another thing we have not yet discussed is minority representation in some of the firms we use. Commissioner Duke asked City Attorney Ansbro to look into this. City Attorney Ansbro noted that the firms we use are affording every opportunity they can for the most talented people, and they are not judged by the color of their skin or their sex. Commissioner Duke recommended that we obtain some accountability on Brenda Chalifour. He also recommended City Attorney Ansbro try to get the best price for the other legal fees. Commissioner Duke noticed a small double billing on the Weiss Serota bill. Lastly, he advised Commissioner Jones that this discussion is not a waste of time, but something we need to do in the best interests of our taxpayers. Commissioner Anton noted he does not review the bills from White and Case or Brenda Chalifour. If the Commission wants him to do this, he will. He addressed the issue of Commissioner Duke appointing a lawyer for the Charter Review Board. Commissioner Anton noted that shortly after the Commission's decision stating that City Attorney Ansbro could handle this Board, there was a request from a Commissioner for staff to provide information on all of our legal services. The request resulted in about two weeks of staff time. Furthermore, when, at a recent meeting, he discussed the fact that a Commissioner had appointed his wife to the Charter Review Board, there was immediately a request from that Commissioner for staff to provide the names and addresses of board members for all City boards. He indicated that Commissioner Duke is performing old politics. Commissioner Anton noted he took offense when Commissioner Duke told him he needs to review Brenda Chalifour's bills. He remarked that the City Manager and Finance Director are responsible for the review of bills. Commissioner Anton wanted everybody to be clear of the circumstances behind this workshop. He noted it is public record how much time staff has spent on this issue. Commissioner Jones noted that if he has concerns on an issue, he can ask the City Attorney, City Manager or the Clerk for information. He thought there could have been a better way to discuss Brenda Chalifour's billing. Commissioner Jones stated that with everything that is happening in the City with litigation, if there is something that comes out of here indicating there have been double billing or improprieties, then we should look at every piece of information there is. This could have been done better; and it has gone over three weeks of staff time, and he still does not know any more on this issue. He said if he does not get his way he does not try to rub it in someone's face; we need to be professional and not take a lot of City staff time. Commissioner Jones noted that he did not have to show up tonight or tomorrow night, but he is committed to this City. He is about what is right, not who is right. The only thing he has seen come out of this workshop is one issue of billing. If there are other issues, he would like to see them come forward. Commissioner Duke noted the Commissioners are way off. He noted that during his campaign to run for Commissioner, he promised his constituents that he would review issues and ask questions. There are no vendettas, he just wanted to review the process. Commissioner Duke further said that he spent many hours reviewing the documents, and noted it was very Minutes of Legal Services Workshop 5 Dania Beach City Commission Monday,November 23,2009-4:00 p.m. informative. He recommended his fellow Commissioners do so as well because it is part of their job. Mayor Castro did not agree with Commissioner Duke's assumption. She said that she reviews documents and invoices when she thinks it is necessary. Mayor Castro noted that if Commissioner Duke wants to ask a question, he can do so. She asked Commissioner Duke to show respect during this discussion. Commissioner Duke noted that transparency is the issue. He stated that City Attorney Ansbro is doing a good job. City Attorney Ansbro excused the attorneys, except Tim Ryan. 4. Restrictive Covenants for Broward County Escheated Properties Mayor Castro clarified that this item refers to the Neighborhood Stabilization Program funded by the federal government. She further noted that it is her understanding that this is not related to any property acquisition by the Airport. Attorney Ryan noted that the Declaration of Restrictive Covenants is working under the assumption that the property will be acquired for affordable housing. He recommended staff first identify where the property is located, because the exhibit containing the legal description is blank. Attorney Ryan advised this may be a property to be located within the CRA because we should be using CRA funds for construction. Mayor Castro asked Code Attorney Tim Ryan if we could use the RFP process when we acquire a lot, or if the City is obligated to build a building and then sell it to a homeowner. Attorney Ryan explained that the County has done this before, without the Declaration of Restrictive Covenants. He indicated that this agreement is very specific as to who can live in the properties. Attorney Ryan advised that if the City acquires the properties, under the City Charter, the City may not be able to sell them with these restrictions. There is also language about maintenance of the property, which would be inconsistent with the way we do business. He would recommend contacting the County to find out why these conditions are required. Attorney Ryan reiterated that staff should look at the amount of affordable housing we already have in our comprehensive plan, because this is specifically designated for affordable housing. City Attorney Ansbro noted he contacted Broward County about ten months ago. The County advised him that they will not remove the conditions because that is the policy. Commissioner Duke noted the appraisal could be made subject to the restrictions and the value of the property would be less. Attorney Ryan concurred. He pointed out that lenders would be reluctant to lend with these conditions. Minutes of Legal Services Workshop Dania Beach City Commission Monday,November 23,2009-4:00 p.m. Mayor Castro noted that Dania Beach has enough affordable housing. She remarked that we need to ask the County for more latitude. Attorney Ryan will contact the County to see if they will remove the restrictions. Mayor Castro noted that the properties originally taken by the County to facilitate the south runway expansion have not yet been returned to the City. Commissioner Jones questioned the CRA's concerns. CRA Executive Director Earle was not in the room. Commissioner Duke suggested using the properties for pocket parks. City Manager Baldwin discussed the BSO building upgrades project. He asked for an informal decision regarding property acquisition. City Manager Baldwin noted that the bids for the renovation were received and the Commission was inclined to spend $300,000, but the proposals came in much higher. He explained that Public Services Director Orlando and Chief Peterson met with the contractor and he lowered the price to $300,000, so they may consider moving forward with the renovations. City Manager Baldwin noted that CRA Director Earle said perhaps City Hall could be torn down in a year. He asked for direction from the Commission on whether to proceed with the property acquisition or go ahead with the bid award. Commissioner Anton noted the 803 Sub-station was intended to house all of BSO, with possibly adding a second story or acquiring more property. The City did not have the funds at the time, therefore the 803 building was just renovated. He further advised that there were comments of adding a community center behind the property. Commissioner Anton is concerned with splitting the command because it causes several problems. He is interested in looking at the options at the 803 property. Commissioner Anton does not know if spending $300,0004500,000 in the renovations of the BSO offices is a wise move, considering the entire Administration Building would be torn down in a few years. Commissioner Duke said we should patch the BSO offices in the cheapest way, and plan to build a new City Hall as soon as possible. Mayor Castro does not want to put a lot of money in this building, she would favor pursuing 803. She wants to make sure that the people working there are safe and do not have to endure that environment anymore. Commissioner Jones noted we need to come up with alternatives. He noted we may want to expand 803 to make sure it can house the individuals. Commissioner Jones suggested a conference area or classroom area for the community. He suggested acquiring property to the south, and incorporating the American Legion into the expansion. Minutes of Legal Services Workshop 7 Dania Beach City Commission Monday,November 23,2009-4:00 p.m. Commissioner Anton noted the City Manager is looking for direction as to whether to pursue property acquisition around 803. He said we could house them temporarily until a decision is made. Vice-Mayor McElyea noted we need to do something immediately. He pointed out that there is a lot of work to be done at the 803 property. Vice-Mayor McElyea questioned what we would do with the people if we tear down this building. Commissioner Jones requested that the final decision come back to the Commission for discussion. Donn Peterson, BSO Chief, agreed that it does not make sense to invest $300,000 in a building that will be torn down in a year. However, there are issues that need to be addressed. He advised that the contract that is being negotiated is for 6 months or less, for the renovations. Chief Peterson noted that he contacted the Border Patrol and they would allow them to be in their space for 6-9 months at no cost. Another alternative would be a portable, or renting commercial space, which would cost approximately $300,000 for a period of 2-3 years, in addition to the cost of renovating the property rented to make it applicable for their use. Discussion followed between Commissioner Duke and Chief Peterson regarding the amount of space required for their offices. Mayor Castro is concerned with the location of the Border Patrol building. She would also be worried to lose the presence of BSO in the neighborhood. Chief Peterson noted he has contacted AMO and discussed the possibility of using/renting some of their space on a temporary basis; however, they were non-committal. He noted it is not an issue for the neighborhood response team to be located at the Border Patrol building. The benefit for locating there is that it is convenient and free. Chief Peterson advised that we will not negatively impact the citizens with whatever option is chosen. Commissioner Duke noted that if we choose the Border Patrol option, 6-9 months would not be enough time for a temporary location. Chief Peterson noted if the ultimate goal is for a single location at the 803 site, then we need to look at where they will be for the next few years. Mayor Castro noted that Hometown Democracy also needs to be taken into consideration. Vice-Mayor McElyea questioned if BSO could move into the modular units at the Public Works facility once they move into their new building. It was the consensus of the Commission to have City Manager Baldwin move forward with due diligence at the 803 property. Minutes of Legal Services Workshop 8 Dania Beach City Commission Monday,November 23,2009-4:00 p.m. 5. Adjournment Mayor Castro adjourned the workshop at 6:15 p.m. ATTEST: CITY OF DANIA BEACH v I.L \'( ``�7✓ �R�5 FIRST 0" -^-�i`." QQO - C�Th LOUISE STILSON, CMC ANNE CASTRO CITY CLERK MAYOR—COMMISSIONER 1 1 Approved: January 12, 2010 RORA'fE� �� Minutes of Legal Services Workshop 9 Dania Beach City Commission Monday,November 23,2009-4:00 p.m.