minutes meeting of the sunrise city...

CCM August 10, 2010

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MINUTES MEETING OF THE SUNRISE CITY COMMISSION

Tuesday, August 10 , 2010

6:30 p.m.

1. Call to Order

Mayor Wishner called the meeting to order at 6:34 p.m.

Mayor Wishner called attention to the table in the lobby accepting donations for Dolls for World Peace. The dolls were used by the U.S. Armed Forces oversees to give to children they encounter in war zones.

2. Roll Call

BY: City Clerk Felicia Bravo Those found to be present were: Mayor Roger Wishner Deputy Mayor Sheila Alu Assistant Deputy Mayor Lawrence Sofield - absent Commissioner Donald Rosen Commissioner Joseph Scuotto City Manager Bruce Moeller City Attorney Stuart Michelson Assistant City Attorney Kimberly Kisslan Community Development Director Mark Lubelski Administrative Aide Lourdes Lawrence City Clerk Felicia Bravo

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3. Invocation and Pledge of Allegiance

Mr. and Mrs. Mitch Goldstein sang the national anthem. 4. Special Items

Mr. John Alfano of Doris Market presented bocce ball league with bocce ball score boards.

A) Presentation

Presentation of the Employee of the Month Award for August, 2010 to Chad Dashnaw, Dispatcher, in the Police Department. John Brooks, Police Chief.

B) Presentation

Presentation of the Officer of the Month Award for August 2010 to Detective Jason Wilkey. John E. Brooks, Police Chief.

C) Presentation

Presentation of Firefighter of the Month Award for August 2010 to Fire Captain Frank Cagan. Norm Rynning, Fire Chief.

Mayor Wishner also recognized School Board Member Phyllis Hope.

D) Presentation

Presentation by State Representative Hazelle P. Rogers. Lourdes Lawrence, Administrative Aide.

5. Open Discussion

William Lieber approached the Commission to speak about the water rates. He understood that when the water rates were raised, growth was expected. But there is little growth now. He hoped the rates could be lowered. It would financially help the people in need. He commended the Commission for their hard work. He asked for the bond issue to be lowered. He thanked City Clerk Bravo for explaining the agenda to him.

Mike Ryan came forward to discuss the Village Multipurpose Center. He spoke with Ms. King at the center who stated that the basketball court has curtains that can be drawn. When drawn, however, the area cannot be viewed on the cameras. He asked

http://agenda.sunrisefl.gov/intranet/Bluesheet.aspx?itemid=987&meetingid=35












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for more camera coverage of the multipurpose center now that it is receiving more use.

Bernard Shaw addressed the issue of people running stop signs in his neighborhood. When the drivers see marked cars, they stop. He thought that someone could get hurt. He knew who the main culprit was and called the police to inform them about the issue, but was told there was nothing they could do. Mayor Wishner suggested he meet with the Police Chief about this issue. Commissioner Rosen stated that some officers used unmarked units to catch this type of violator.

Kenneth Heim asked about internships for full-time students. Mayor Wishner explained that the City had a program like this and suggested he speak with Personnel Director Richard Fischer.

6. Commission/Mayor Reports

Commissioner Rosen asked where the City stood with regard to red light cameras.

Dr. Moeller explained it would come forward on September 13th.

Commissioner Rosen said the City Commission printed 15 agenda books for staff. It was about two cases of paper. He recommended that the agenda be on disc to save on cost.

Mayor Wishner thanked the Police Chief for the National Night Out event. He encouraged all of the residents to review the budget online. He complimented the City Manager and the Finance Department for providing a cost efficient, effective budget.

Commissioner Rosen thanked the Police Chief for National Night Out. He was disturbed, however, by an anonymous flyer that was placed on vehicles. It was an attack on City public safety employees.

Commissioner Scuotto agreed. He thought the flyers were inappropriate on a night that was supposed to be supporting the police. Additionally, he said it was not anyone from his family that placed the flyers on the cars. He did not appreciate that this was suggested on a blog. He recognized Town of Davie Councilman Marlon Luis.

7. City Manager’s Report

None

8. City Items

A) Appointment (M10006)

A motion appointing Sergeant Dan Ransone to fill the unexpired 2-year term of former



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Deputy Chief Charles Vitale on the Police Retirement Plan Board. Once approved Sergeant Ransone will serve until March of 2011.

MOTION A motion to approve Item 8A made by Commissioner Rosen was seconded by Commissioner Scuotto. MOTION A motion by Deputy Mayor Alu to have Steve Delre on the board. Seconded by Commissioner Rosen. Deputy Mayor Alu stated she had nothing against Sgt. Ransone, but preferred Steve Delre. City Attorney Stuart Michelson advised that he would need to look into the matter. MOTION A motion to table Item 8A to next meeting made by Deputy Mayor Alu was seconded by Commissioner Rosen. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

B) Appointment (C10229) Resolution 10-94

A Resolution of the City of Sunrise, Florida, appointing members to the Unsafe Structures Board; and providing an effective date.

MOTION A motion to approve Item 8B made by Commissioner Rosen was seconded by Deputy Mayor Alu. Deputy Mayor Alu asked if they needed to choose among the applicants. City Attorney Stuart Michelson advised that if there were qualified residents and non-residents, the City Commission had to choose the residents first. After a brief discussion about residency and qualifications, Deputy Mayor Alu recommended Waleed El Eid from the group of registered engineers and Jacqueline Oliveira from the property managers. MOTION A motion made by Commissioner Rosen to insert the names of Waleed El Eid and Jacqueline Oliveira was seconded by Deputy Mayor Alu.




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Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

Mayor Wishner asked for a roll call on the resolution as amended one time.


9. Consent Agenda

QUASI –JUDICIAL CONSENT AGENDA

Deputy Mayor Alu asked if the Quasi-Judicial Consent Agenda, Items 10A – 10C, could be moved up on the agenda for a vote.

Mayor Wishner asked if there were affected parties and was advised there were none by Mark Lubelski, Director of Community Development.

MOTION A motion to approve Quasi-Judicial Consent Agenda Items 10A – 10C made by Commissioner Scuotto was seconded by Commissioner Rosen. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

CONSENT AGENDA CONTINUED MOTION A motion to approve Items 9A through 9W, with the exception of Items G, J, I, T, and U, made by Deputy Mayor Alu was seconded by Commissioner Rosen. Roll Call:

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Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

A) Agreement (C10216) Resolution 10-95

A Resolution of the City of Sunrise, Florida, approving the purchase of Emergency Incident Warning Sign Systems, Training and Reference Guides from MDI Traffic Products, Inc. of Farmington Hills, Michigan for the Fire Rescue Department; and providing for an effective date.

B) Sign Permit Applications (C10202) Resolution 10-96

A Resolution of the City of Sunrise, Florida, providing approval for the City Manager to sign building and electrical permit applications and other documents required by the Town of Davie for the installation of a diesel generator on the existing communications compound within a leased area of the City’s Southwest Wastewater Treatment Plant; and providing an effective date.

C) Change Order (C10220) Resolution 09-166-10-C

A Resolution of the City of Sunrise, Florida, approving Change Order No. 5 to the contract between the City of Sunrise and QGS Development, Inc., for the Springtree Golf Club renovation project; and providing an effective date.

D) Change Order (C10219) Resolution 10-60-10-A

A Resolution of the City of Sunrise, Florida, approving Change Order No. 1 to the Contract between the City of Sunrise and General Asphalt Company, Inc.; and providing an effective date.

E) Chemicals (C10212) Resolution 10-97

A Resolution of the City of Sunrise, Florida, approving the purchase of fertilizer chemicals from various vendors (multi-award) under the terms and conditions of the Southeast Florida Governmental purchasing cooperative bid for various departments; and providing an effective date.





























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F) Amendment (C10217) Resolution 08-84-10-B

A Resolution of the City of Sunrise, Florida, approving a substantial change amendment to the City’s Fiscal Year 2008-2009 Consolidated Annual Action Plan to increase and/or remove funding and certain activities under the Neighborhood Stabilization Program under the Community Development Block Grant (CDBG) program; authorizing the mayor to sign the required documents; and providing an effective date.

G) Agreement (C10210) Resolution 10-98

A Resolution of the City of Sunrise, Florida, to award bid no. 10(12)27-01-05-02-W for Meter Reading Services to Bermex, Inc. of Clinton Township, Michigan; and providing an effective date.

MOTION A motion to approve Item 9G Deputy Mayor Alu was seconded by Commissioner Rosen. The company that was not awarded the bid, Severn Trent, wanted to speak on the item. Mayor Wishner asked the City Attorney if the people wanting to speak were from the company that was not awarded the bid. City Attorney Stuart Michelson replied there was no impediment to the Commission listening to the company. Mayor Wishner called Chris Hodgkins from Severn Trent to the podium. Mr. Hodgkins came forward to state his company held the contract for years, but wondered what the problem was for not receiving the award. He believed that the bid was not comparing equal services. This was a local company that hired local employees. He asked for the bid to be tabled for him to present the case to the Commission. Mayor Wishner asked if the Commission had flexibility with regard to the contract award. Acting Purchasing Director Dick Cummings advised the Commission that this was a straight bid and Severn Trent was not the lowest bidder. There was no problem with their service. The lowest responsible bidder had to be awarded the bid. The current company was the highest bidder. The Commission would have to give a reason to find the low bidder unqualified. Deputy Mayor Alu asked what Mr. Hodgkins was talking about when he said it was an apples-to-apples comparison. She asked if it would fair to bring everyone back and listen to













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all three companies. Mr. Cummings stated that there was a cone of silence in place, and the vendor was not to speak with anyone but the City Attorney or Purchasing Director. He believed it was an apples-to-apples comparison and believed both companies were capable of performing. Tonight was the first he heard there was a problem. The contract was going month to month at this point and the City planned to switch in October. Mayor Wishner wondered if they could talk to the City Attorney about the differences in the bid were. He suggested tabling the item. Commissioner Rosen explained that this was a lot of money and that it was $396,000 a year. He did not think that it was fair to the low bidders or to rebid on this item. Commissioner Scuotto clarified the price difference and it was $33,000 annually. He asked about the Cone of Silence. He said he understood that the City took the lowest bidder, but wondered if the City tried to negotiate with the vendor. Mr. Cummings stated no, it was put out to bid. Commissioner Scuotto asked why the City was going to table this, unless the City was going to throw out the bid. Mayor Wishner asked for the roll to be called. Commissioner Rosen asked if this was tabled or thrown out, if it presented a problem for the City in the future. Deputy Mayor Alu asked to hear what Mr. Hodgkins was talking about with regard to apples-to-apples. Mayor Wishner asked about the Cone of Silence. City Attorney Stuart Michelson advised that the City went through the appropriate bid process. If this was not how the process was supposed to work. He was concerned about not giving all of the bidders the opportunity to speak. Asking to speak to the Commission under these circumstances was not a breach of the cone of silence. Mr. Cummings advised that the awarded company had a local presence. It was not a requirement to hire local workers. MOTION A motion to approve Item 10G made by Deputy Mayor Alu was seconded by Commissioner Rosen.

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H) Agreement (C10225) Resolution 10-99

A Resolution of the City of Sunrise, Florida, approving the award of a contract (10)C-12-A with Dr. Wayne Lee M.D., P.A., D/B/A Physician Associates, Inc. of Fort Lauderdale, Florida for Medical Director Services; and providing an effective date.

I) Agreement (C10224) Resolution 10-100

A Resolution of the City of Sunrise, Florida, approving the award of RFP No. (10)H-01 and a contract for a Laboratory Information Management System (LIMS) to Ethosoft Corporation of Norcross, Georgia; and providing an effective date.

MOTION A motion to approve Item 10I made by Commissioner Rosen seconded by Deputy Mayor Alu. Commissioner Rosen said he saw a cost of $54,000, but $60,000 was requested. Acting Director of Utilities Tim Welch came forward to state that it was for the lab chemist who requested a special customization as part of the contract. Roll Call:


J) Services (C10230) Resolution 10-101

A Resolution of the City of Sunrise, Florida, approving the purchase of additional Emergency Notification Services from Emergency Communications Network, Inc. of Ormond Beach,














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Florida; and providing an effective date.

MOTION A motion to approve Item 10J made by Commissioner Rosen seconded by Deputy Mayor Alu. Commissioner Rosen asked why there were additional charges. Mr. Welch advised that due to the Census outreach, the amount went slightly over what was expected. Dr. Moeller clarified that the City has been more proactive with public notification. Roll Call:


K) Grants (C10187) Resolution 10-102

A Resolution of the City of Sunrise, Florida, approving the City’s Fiscal Year 2010-2014 Consolidated Annual Action Plan and Federal Application for funding; implementing the Community Development Block Grant (CDBG) program; authorizing the Mayor to sign the required documents; and providing an effective date.

L) Change Order (C10233) Resolution 08-180-10-C

A Resolution of the City of Sunrise, Florida, approving a change order to the contract for Construction between the City of Sunrise and Stiles Construction Company for the Public Safety Complex and Fire Station No. 72 project; and providing an effective date.

M) Services (C10222) Resolution 10-103

A Resolution of the City of Sunrise, Florida, approving the purchase of Utility Software, Training and Maintenance from Bentley Systems, Inc. of Exton, Pennsylvania; and providing an effective date.

N) Amendment (C10223) Resolution 10-6-10-B


















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A Resolution of the City of Sunrise, Florida, approving a Second Amendment to the Agreement between the City of Sunrise and Broward Alliance for Neighborhood Development, Inc. (BAND); and providing an effective date.

O) Agreement (C10207) Resolution 09-167-10-A

A Resolution of the City of Sunrise, Florida, approving an agreement between the City of Sunrise and Broward County, to continue the “Broward County/City of Sunrise After-School Program;” and providing an effective date.

P) Amendment (C10206) Resolution 06-153-10-B

A Resolution of the City of Sunrise, Florida, approving a Fourth Amendment to a Memorandum of Agreement for participating Fort Lauderdale UASI agencies in connection with the FY 2006 UASI Grant Program; providing for execution of documents; and providing an effective date.

Q) Schedule (C10177) Resolution 10-104

A Resolution of the City of Sunrise, Florida, canceling the September 14, 2010 City Commission Meeting and rescheduling to a Special Meeting of the City Commission on September 13, 2010; and providing an effective date.

R) Schedule (C10178) Resolution 10-105

A resolution of the City of Sunrise, Florida, establishing a schedule of City Commission meetings for Fiscal Year 2010/2011; and providing an effective date.

S) Grant (C10234) Resolution 10-106

A Resolution of the City of Sunrise, Florida, approving an agreement between the City of Sunrise for a 2009-2010 State Homeland Security Grant Program Subrecipient Agreement for expenditure of Local Government Unit Funding for Florida; authorizing the Fire Chief to execute necessary documents; and providing an effective date.



























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T) Bonds (C10232)1 Resolution 10-107

A Resolution of the City of Sunrise, Florida, authorizing the application of not exceeding $75,000,000 in certain available moneys of the City to defease a portion of certain outstanding bonds previously issued by the City; authorizing the defeasance of such bonds to their maturity or a specified call date as provided herein, delegating to the City Manager the determination of certain details and matters concerning said defeasance; approving the form and authorizing the execution and delivery of an escrow deposit agreement; appointing an escrow agent and verification agent; authorizing City Officials to do all things deemed necessary in connection with the defeasance of said bonds and the redemption of a portion of the bonds so defeased; providing for severability; and providing for an effective date.

Item 9T was heard after item 11I.

MOTION Motion to approve Item 9T made by Deputy Mayor Alu was seconded by

Commissioner Scuotto.

Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Nay

U) Bonds (C102312) Resolution 10-108

A Resolution of the City of Sunrise, Florida, authorizing the issuance and sale of Utility System Revenue Bonds, Series 2010A, in the aggregate principal amount of not to exceed $130,000,000, Utility System Revenue Bonds, federally taxable series 2010B (Build America Bonds - Direct Payment), in the aggregate principal amount of not to exceed $130,000,000, and Utility System Revenue Refunding Bonds, Series 2010C, in the aggregate principal amount of not to exceed $5,500,000, provided that in no event shall the sum of the aggregate principal amounts of all such series of series 2010 bonds exceed $135,500,000, for the purpose of financing the construction, acquisition or equipping of capital improvements to the utility system, refunding bonds previously issued by the issuer, funding the reserve account or separate reserve subaccounts, if any, for the series 2010 bonds, if deemed to be in the best interest of the issuer, paying capitalized interest, if any,

1 This item was passed after Items 11I.

2 This item was passed after Items 11I.

























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and paying issuance costs; authorizing the City Manager, within the parameters set forth herein, to finalize terms and provisions of said series 2010 bonds, to appoint fiduciary and escrow agents and to approve any required fiduciary and escrow deposit agreements; authorizing the redemption of the bonds to be redeemed and the giving of notice thereof; establishing the need for and authorizing a negotiated sale of the series 2010 bonds and authorizing the execution and delivery of a bond purchase agreement in connection therewith; authorizing the execution and directing the authentication and delivery of said series 2010 bonds; authorizing the form, use and distribution of a preliminary official statement and the execution and delivery of an official statement with respect to said series 2010 bonds; providing for the application of the proceeds of said series 2010 bonds; authorizing other required actions; providing for severability; providing for conflicts; and providing an effective date.

MOTION Motion to approve Item 9U was made by Commissioner Rosen was seconded by

Deputy Mayor Alu.

Mr. Castillo said that it expressed its mandate that they should not get more than 1%. It

would be more appropriate to place that language in this resolution

MOTION Commissioner Rosen moved that they should not get more than 1% was

seconded by Deputy Mayor Alu.


The roll was then taken on Item 9U, as amended.


V) Adoption (C10214) Resolution 10-109

A Resolution of the City of Sunrise, Florida, supporting and adopting the Broward County



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Emergency Management December 2009 revised Multi-Jurisdictional Local Mitigation Strategy; and providing an effective date.

W) Minutes - Approval of City Commission Minutes: SCCM 7/8/10 Workshop 7/8/10 (Second Budget) Workshop 7/12/10 (Charter Review and Leisure Services) LPA 7/13/10 CCM 7/13/10 SCCM 7/22/10

10. Quasi-Judicial Consent Agenda

The vote on this item took place before the Consent Agenda on Page 5.

MOTION Motion to approve Quasi-Judicial Consent Agenda Items A through C made by Commissioner Scuotto was seconded by Commissioner Rosen.


A) Kid's Hub - Special Exception (C10166) Resolution 10-110 A RESOLUTION OF THE CITY OF SUNRISE, FLORIDA, GRANTING A SPECIAL EXCEPTION USE PERMIT FOR AN INDOOR AMUSEMENT/RECREATION USE TO BE LOCATED AT 13055 W. SUNRISE BOULEVARD; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE CONDITIONS OF APPROVAL; PROVIDING FOR THE TERM OF THE PERMIT; AND PROVIDING AN EFFECTIVE DATE.

B) Artesia - Site Plan - (C10221) Resolution 03-202-10-A

A RESOLUTION OF THE CITY OF SUNRISE, FLORIDA, APPROVING A REVISED SITE PLAN FOR ARTESIA (RESIDENTIAL MULTI-FAMILY DEVELOPMENT) LOCATED AT THE NORTHWEST CORNER OF NORTHWEST 136TH AVENUE AND FLAMINGO ROAD; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE CONDITIONS OF APPROVAL; PROVIDING FOR THE TERM OF THE












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PERMIT; AND PROVIDING AN EFFECTIVE DATE.

C) Resort Villages - Master Plan - (C10218) Resolution 03-175-10-B

A RESOLUTION OF THE CITY OF SUNRISE, FLORIDA, APPROVING A REVISED MASTER PLAN FOR RESORT VILLAGES OF SUNRISE; LOCATED ON THE NORTHWEST CORNER OF NORTHWEST 136TH AVENUE AND FLAMINGO ROAD; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE CONDITIONS OF APPROVAL; PROVIDING FOR THE TERM OF THE PERMIT; AND PROVIDING AN EFFECTIVE DATE.

11. Public Hearings

A) Amendment (C10180) 402-10-E re: Second Reading An Ordinance of the City of Sunrise, Florida, amending Chapter 16 “Land Development Code;” amending Article V “District Regulations;” Section 16-80 “I-1 Light Industrial District;” to restrict and prohibit incompatible uses; amending Article XVII “Definitions;” Section 16-277 “Terms Defined” to add related definitions; providing for conflict; providing for severability; providing for inclusion in the city code; and providing for an effective date. (First Reading, CCM 7/13/10, Passed 4-0, Scuotto Absent).

MOTION A motion to approve Item 11A made by Commissioner Rosen was seconded by Deputy Mayor Alu. Mayor Wishner opened the meeting to the public. No one came forward to speak. Mayor Wishner closed the public hearing. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

B) Amendment (C10194) Ordinance 516














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re: Second Reading

An Ordinance of the City of Sunrise, Florida, calling and providing for a City Charter amendment referendum, said referendum to be held in the City at the November 2, 2010 election to determine whether subsection 1.06 of the City Charter shall be added to provide that approval of a non-government owned or operated hazardous waste facility, materials recovery facility, recovered materials processing facility, solid waste disposal facility, solid waste management facility or solid waste transfer stations, as all are defined in chapter 403 of the Florida statutes, within the City of Sunrise be an act requiring voter referendum; providing for the voting schedule, providing for referendum approval; providing for notice; providing for conflict; providing for severability; providing for inclusion in the city code; and providing an effective date. (First Reading, SCCM 7/22/10, Passed 5-0).

MOTION A motion to approve Item 11B made by Commissioner Scuotto was seconded by Deputy Mayor Alu. Mayor Wishner opened the meeting to the public. Lori Glasser approached the Commission and inquired about this item. Ms. Glasser was advised that this was to be placed on the ballot at the direction of the Commission. Mayor Wishner closed the public hearing. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

C) Amendment (C10195) Ordinance 517

re: Second Reading

An Ordinance of the City of Sunrise, Florida calling and providing for a City Charter amendment referendum, said referendum to be held in the City at the November 2, 2010 election to determine whether subsection 3.02 of the City Charter shall be amended to provide for an amendment to the residency requirements for a candidate qualifying to run for office; providing for the voting schedule, providing for referendum approval; providing for notice; providing for conflict; providing for severability; providing for inclusion in the city









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code; and providing an effective date. (First Reading, SCCM 7/22/10, Passed 5-0).

MOTION A motion to approve Item 11C made by Deputy Mayor Alu was seconded by Commissioner Rosen. Mayor Wishner opened the meeting to the public. No one came forward to speak. Mayor Wishner closed the public hearing. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

D) Amendment (C10198) Ordinance 518

re: Second Reading

An Ordinance of the City of Sunrise, Florida calling and providing for a City Charter amendment referendum, said referendum to be held in the City at the November 2, 2010 election to determine whether subsection 3.04(1) of the City Charter shall be amended to provide for the selection of Deputy Mayor and Assistant Deputy Mayor by ordinance; providing for the voting schedule, providing for referendum approval; providing for notice; providing for conflict; providing for severability; providing for inclusion in the city code; and providing an effective date. (First Reading, SCCM 7/22/10 Passed 5-0).

MOTION A motion to approve Item 11D made by Deputy Mayor Alu was seconded by Commissioner Rosen. Mayor Wishner opened the meeting to the public. No one came forward to speak. Mayor Wishner closed the public hearing. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea











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E) Amendment (C10196) Ordinance 519

re: Second Reading

An Ordinance of the City of Sunrise, Florida, calling and providing for a City Charter amendment referendum, said referendum to be held in the City at the November 2, 2010 Election to determine whether subsection 3.05 of the City Charter shall be amended to eliminate temporary vacancies, to require that a vacancy in office be filled by election, to amend the appointment process for quorum requirements, and to eliminate succession of Deputy Mayor to Mayor; providing for the voting schedule, providing for referendum approval; providing for notice; providing for conflict; providing for severability; providing for inclusion in the city code; and providing an effective date. (First Reading, SCCM 7/22/10, Passed 4-1 Wishner Nay).

MOTION A motion to approve Item 11E made by Commissioner Rosen was seconded by Deputy Mayor Alu. Mayor Wishner opened the meeting to the public. No one came forward to speak. Mayor Wishner closed the public hearing. City Attorney Stuart Michelson explained that this would require the City to move expeditiously. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Nay

F) Amendment (C10199) Resolution 10-111

A Resolution of the City of Sunrise, Florida, providing for the order of ballot questions for the Charter Amendment Referendum to be held in the City of Sunrise, Broward County, on November 2, 2010; providing for severability; and providing an effective date.

MOTION A motion to approve Item 11F made by Commissioner Scuotto was seconded by Deputy Mayor Alu. Roll Call: Commissioner Scuotto Yea


















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Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

G) Ballot (C10188) Ordinance 521

re: Second Reading

An Ordinance of the City of Sunrise, Florida, regarding the August 24, 2010, Municipal Election in the City of Sunrise, Broward County; prescribing the form of ballot to be used; providing for conflict; providing for severability; and providing an effective date. (First Reading CCM 7/13/10, Passed 4-0 Scuotto Absent).

MOTION A motion to approve Item 11G made by Deputy Mayor Alu was seconded by Commissioner Rosen. Mayor Wishner opened the meeting to the public. No one came forward to speak. Mayor Wishner closed the public hearing. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

H) Amendment (C10174)3 Ordinance 696-X-10-A

re: Second Reading

An Ordinance of the City of Sunrise, Florida, amending Ordinance No. 696-X, which was entitled: “An Ordinance authorizing the issuance of the City’s utility system revenue bonds, series 1985, to advance refund existing bonds relating to the water, sewer and gas utility system; providing for the rights of the holders of such bonds; authorizing the issuance of certain parity bonds and providing for the issuance of other parity bonds; providing for the payment of such series 1985 bonds and parity bonds, making certain other covenants and agreements in connection therewith; and providing severability, conflicts and effective date”. (First Reading SCCM 7/8/10, Passed 5-0).

3 This item was heard immediately after Consent Agenda Item 9J.



















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MOTION A motion to approve Item 11H made by Deputy Mayor Alu was seconded by Commissioner Scuotto. Mayor Wishner gave a brief history of the rate increase and spoke about the rate study. He still had concerns about the rate increase. The original capital improvements plan was scaled back. If the rates were supposed to be raised by 40% based on the original capital improvements plan, then the rates needed to be lowered. Deputy Mayor Alu explained that she wanted to hear from the rate consultant. Dr. Moeller said he Mr. Moore could discuss the matter as well. Mayor Wishner said that the public may have questions and allowing them to speak first would give the consultants an opportunity to respond to the residents’ questions as well. Mayor Wishner opened the meeting to the public. Mr. Scott Repinski came forward to state that the City was wonderful. He was concerned about debt and looked at the bond service requirements. The debt service requirements would be about $18,000,000. The City would repay $61,000 per day. There should be ways to reduce the amount. He could not believe the City could afford the debt service. The rates would have to be increased again. He recommended not borrowing so much money. Lori Glasser came forward to say that she was against the bonds. She did not know why the water quality brochure had to be mailed. The City had to cut back on expenses. Bernard Shaw asked how much this would cost. Commissioner Rosen said that this served many residents outside of Sunrise, who paid a surcharge. Mr. Shaw asked how many of the repairs were needed. If it was put off, it would be a bigger expense. Marlon Luis, Town of Davie Councilman, asked for how this would affect the residents. The numbers did not seem correct. He asked them to revisit the matter. Deborah Brown of Shenandoah explained that her neighborhood could not afford another increase in water rate increases.

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Patrick Jabouin spoke against an increase in the water rates. Any increase would be difficult for some households. He asked the Commission to reconsider the matter. Diana Hernandez of Shenandoah said that she was not in her home and she had a charge of more than $40. She was told this was the minimum. She said the City could not charge for something that was not consumed. She left her water running. She received an email about this. Mayor Wishner closed the public hearing. Dr. Moeller explained that there were four items, two resolutions and two ordinances, which were coming forward this evening. David Moore, Public Financial Management, explained that the City has an AA- from Standard and Poors and Fitch gave the City an AA rating. The daily management and the board were examined. There were amendments to the documents. There is a zero debt reserve required by the rating agencies, but that could change when it goes before the investors. Mayor Wishner asked if the City could reduce the amount of the bonds and how that would affect the rate and ratings. Mr. Moore responded that the interest cost would be less by borrowing more. Mayor Wishner explained that the residents wanted to buy bonds. Mr. Moore said that at least $20 million would be available for Sunrise residents to purchase. Mr. Robert Ori clarified that the water rates were not being raised today. The water rates were raised in August 2009. Commissioner Scuotto asked if the City would have been able to obtain the bonds and the ratings had it not been for the rate increase. Mr. Moore stated that all of the factors were considered when the bond rate was established. Commissioner Scuotto asked if the City would have been in the position it was in now had it not been for the rate increase. Mr. Moore said that was correct.

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Deputy Mayor Alu added that the City was barely making the debt service due to the lack of a rate increase. Mayor Wishner stated that the rate increase was based upon a capital improvement plan costing $422 million. Mr. Ori explained that the rate increase was just the beginning. Mayor Wishner again asserted that the rate increase was based upon a capital improvement plan costing $422 million. Mr. Ori advised that the plan changed, it was originally $422 million. He said that there were four bond issues identified that totaled that amount. All of the analyses were redone. There were both benefits and detriments to the system. One benefit was that the bonds were not issued right away and the debt service rates went down. However, in the meantime the water consumption and sewer usage went down. By refinancing the old bonds and receiving $135 million bond issue, all while keeping the debt service the same, was incredible in his opinion. Moreover, to have zero debt service reserve requirement and receive an AA rating was astonishing in his opinion. The Commission also advised they did not want the 2010 rate increase, or one in 2011. However, without the previous 40%, it would not have been possible. It was his recommendation to keep the increase in place. Commissioner Rosen asked if the increase was based on the reserves being down and the bond insurance was gone. Mr. Ori explained that was correct. The City now had only 90 days capital to meet its operational needs. The interest rates were lower now. Commissioner Rosen explained the City was not able to have a rate increase for 10 years, which would have mitigated the situation. Mayor Wishner asked if there was a law or circumstance that did not allow the City to raise rates. Mr. Ori explained that the City had an agreement with Davie, but he was not the rate consultant at the time. Mayor Wishner said there was no lawsuit that did not allow the City to raise rates. There was nothing that prohibited the City from raising the rates.

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Mr. Ori explained that if there had been rate increases there would not have been a decline in the system reserves, or the operating margins. Commissioner Rosen asked if the issue with Mr. Ori related to additional work that was done to bring this matter forward was resolved. Dr. Moeller answered that the additional work that was done by Mr. Ori and others was resolved. Deputy Mayor Alu stated the Commission was uncomfortable with the increase. She asked what would happen if the rates were lowered by 20%. Mr. Ori said that with the bond rating agencies, a financial picture was presented to the bond rating agencies that included those increases. He believed that the rating companies would look negatively on this and additional bonds tests would be required. The drop of a letter would cost about $500,000 more a year in debt service costs. Deputy Mayor Alu asked if it would be fraud. Mr. Ori said it was not fraud, but it was financial prudence to meet the overall needs of the utility, which was an essential service. Deputy Mayor Alu asked him to explain why the City had raised the rates. She believed the public was under the impression that the City was using the rate increase to raise revenue. She asked Mr. Ori if the pipes were being restructured. Mr. Ori explained that there was a lot of replacement and repair. The replace of pipes was approximately $40 linear foot. Once the pipes begin to break, it would keep reoccurring. Deputy Mayor Alu asked if the City would have to raise the rates to pay off the debt. Mr. Ori replied no. There was no increase through 2011. The planned increase was for 8 1/2%, which included indexing for inflation. Deputy Mayor Alu asked why the City had to charge a surplus to Davie and other residents. Mr. Ori responded that was a policy decision. Deputy Mayor Alu asked if money could be saved with the issuance costs.

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Mr. Moore explained that there were 15 to 20 items built into the cost of the bond issuance. Staff already worked to reduce the cost of the proposals. The numbers reflected some of the decreases, too. Deputy Mayor Alu asked why there was a surcharge for residents outside of Sunrise. She would support this, but asked how she could explain to the residents about the 40 year old pipes bursting. Mr. Moore said that the core projects were left to avoid pipes bursting. The debt was restructured. The original rate increase was 60%. All of the renewal and replacement needed to done to save money later. Deputy Mayor Alu asked if the City could roll back the water rates. Mr. Ori answered he has lowered rates before. He explained that if the City grew, and all other financials were in order, it could happen. He would not advise to lower rates today. This was necessary regulatory and repair work. Acting Director of Utilities Tim Welch explained that there were federal and state regulations that required the City to maintain an aging utility. The infrastructure needed to be repaired and the repair rates needed to be accelerated. Regulatory agencies could and would assess fines. Deputy Mayor Alu asked about the rate surcharge. Mr. Welch explained that the City had to build a water and wastewater treatment facilities outside of City borders to serve non-residents. He referred the matter to Brian Armstrong. Commissioner Scuotto asked what would happen to the bond rates if one person voted no on this ordinance, or if this did not pass tonight. Mr. Moore said if the ordinance did not pass, the process would stop. Commissioner Scuotto asked when Davie sued Sunrise, if Sunrise was allowed to raise their rates during the lawsuit. Mr. Armstrong explained there was a settlement agreement with the Town of Davie that did not permit the City to raise their rates for 10 years. A decision was made that if the City could not raise Davie’s rates, it could not raise others rates, either. He believed that the City could not be held to a contract that could be economically detrimental. Instead, the City had a fiduciary responsibility to the utility. If they did not raise the rates, the pipes would fall apart and the bond payments could not be made.

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Water would be lost and contaminants would enter the system. Agencies require certain permitting regulations. The permits could be pulled. The agencies could fine the City and pay lawyers to fight it. Issuing the bonds was necessary to allow the City to make the necessary repairs and comply with regulations. The City could charge up to 50% to other municipalities. The state recognized the investment and staff time to provide the water. Commissioner Scuotto suggested that the City move forward. Mr. Armstrong advised that he did not think the City had any alternative but to move forward. He stated that the AA rating was astonishing and would save the City money in the long-term. The City had the ability to get the rates at the lowest rates possible. The rating agencies did not need to know this may not be unanimous, but because the rate increase was unanimous, it helped with the rating. Commissioner Scuotto asked if all of the original projects needed to be completed at some point. He did not think that the City was just saving money, but rather deferring projects. Mr. Armstrong said that there was new utility management in place and that they would look at it more efficiently. It was advisable to do the right thing with the water delivery system. He knew the Commission wanted to keep the rates stable if the opportunity was there. Commissioner Scuotto announced he would reconsider his vote if someone voted against the measure. Mayor Wishner asked when the City would borrow the money. Mr. Moore said the City would close on September 20th. Mayor Wishner asked what check would be written for which capital improvement project for the City of Sunrise on September 21st. Mr. Welch advised that the highest priority project would be to access the water supply requirements. It would most likely be the raw water supply and the R.O. Sawgrass Treatment Plant. Mayor Wishner asked what check would be cut on that day for a capital improvement project. Mr. Welch answered that on September 21st he hoped the consultant contracts would be executed. The City had six new consultants that were highly qualified. Writing a check on that day was beyond his capacity.

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Mayor Wishner asked what capital project would have a check written for it on October 21st and how much the check would be. He wanted to know month by month how much the checks would be and for whom was the money that would be borrowed. Mr. Welch again stated that water supply was the highest priority project. There were several other high priority projects as well. He said he would be happy to prepare a monthly report. Mayor Wishner asked each month how money would be spent. He was concerned about the money not earning interest while sitting in the bank unused. He did not mind borrowing the money to provide the best service. He asked how much money the City had in surplus. Mr. Moeller deferred to Mr. Ori. Mr. Ori advised that he did not know. Finance Director Laura Toebe came forward and a discussion ensued regarding the debt service. Mayor Wishner asked what the entire debt service was on the bonds. He was advised it was $9.8 million, with $3.6 of that being refinancing. Mayor Wishner recessed the meeting at 9:13 p.m. Mayor Wishner reconvened the meeting at 9:27 p.m. EASTON PINK CODE ENFORCEMENT LIEN PAYMENT DISCUSSION Mayor Wishner advised that the Pink Family was going to go to court for a foreclosure hearing on Thursday because the bank will not readjust their loan due to liens on their home. He asked if the City could accept payments on the liens. City Attorney Stuart Michelson said there was no impediment to taking partial payments. Mayor Wishner asked Mr. Pink if the City would accept partial payments on the liens, the loan could be modified. Mr. Easton Pink responded yes.

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Deputy Mayor Alu asked how much the lien was. Mr. Easton replied it was more than $3,000. Mayor Wishner stated the City had the ability to allow these people to stay in their homes. He asked Mr. Michelson what the City had to do to draft an agreement. City Attorney Stuart Michelson said he could draft an agreement tomorrow. Deputy Mayor Alu asked to ensure that this is the only money due the City. Commissioner Rosen commented that this could create a problem for the City. If the City did this for one person, they would have to do it for everyone. Mayor Wishner said not adopting this would destroy the family. Commissioner Scuotto asked why the Mayor would have him sit through the whole meeting and then put the rest of the Commission on the spot. This could have been handled better. He asked that having the Commission put on the spot to stop occurring. Commissioner Rosen explained that the County had assistance available rather than blaming the rest of the Commission for this situation. Deputy Mayor Alu said she gave them the agency’s phone number. Mayor Wishner said they had money for special assessments, not for code violations. This would allow the resident to set up for code violations. Commissioner Rosen replied he did. Deputy Mayor Alu asked how long it was since he made a payment on the house. Mr. Pink said two years. Deputy Mayor Alu said that she thought the legal department needed to review this matter. She did not like having this matter brought forward without any prior information. MOTION Commissioner Scuotto motioned to give the City Attorney the authority to move forward.

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Deputy Mayor Alu asked if the lien was removed, how the City would recoup the lien if the house was foreclosed. Discussion ensued regarding individuals coming before the Commission. The Commission informally decided to return to Item 11H. RETURN TO ITEM 11H Mayor Wishner returned to the issue of the bonds. He did not believe the City needed to borrow that much money. The City Commission was never advised that this would refinance a portion of the previous debt. The Mayor continued discussing the bond issue. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Nay

I) Amendment (C10175) Ordinance 520

re: Second Reading

An Ordinance of the City of Sunrise, Florida, authorizing the issuance of the city’s utility system revenue and revenue refunding bonds, series 2010, in one or more series, in an aggregate principal amount not to exceed $135,500,000, to provide funds together with other available moneys, to finance capital improvements to the city’s water, sewer and gas system, to refund a portion of outstanding utility system revenue and revenue refunding bonds previously issued by the city, to fund the reserve account or one or more separate reserve subaccounts for the series 2010 bonds (or to pay the cost of one or more reserve account credit facilities in lieu thereof), if deemed to be in the best interest of the city, and to pay issuance costs; providing that such series 2010 bonds shall be issued as parity bonds pursuant to the provisions of ordinance no. 696-x, as heretofore supplemented and amended, and shall be payable from the sources specified in said ordinance; providing that, subject to the limitations herein contained, the terms of such series 2010 bonds shall be established or provided for and the series 2010 bonds shall be sold by supplemental resolution; authorizing the taking of other actions relating to the series 2010 bonds; and providing for severability, conflicts and an effective date. (First Reading SCCM 7/8/10, Passed 5-0).




















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MOTION A motion to approve Item 11I made by Commissioner Rosen was seconded by Deputy Mayor Alu. Mayor Wishner opened the meeting to the public. No one came forward to speak. Mayor Wishner closed the public hearing. Commissioner Rosen commented that he did not have a problem with issuance of bonds, but had a problem with Goldman Sachs. He was concerned about this company and would not support business. Deputy Mayor Alu agreed with Commissioner Rosen. City Attorney Stuart Michelson said he would need to look into the matter. Deputy Mayor Alu asked if he would like to take a break. Albert Castillo, Bond Counsel, said they could revote. Commissioner Rosen stated he was unwilling to allow Goldman Sachs to have any business. Deputy Mayor Alu asked if Goldman Sachs could be removed from the bond issue. MOTION Motion to remove Goldman Sachs made by Commissioner Rosen. City Attorney Stuart Michelson said they could go ahead and remove if they wished. Mr. Castillo said that there was a resolution, but it could be changed. He thought they had the authority to change their mind. Mr. Moore explained it would not hurt the bond rating. MOTION Deputy Mayor Alu motioned to remove Goldman Sachs name. City Attorney Stuart Michelson explained that there was a motion to reconsider. He had concerns. Goldman Sachs was awarded the contract. Mayor Wishner recessed the meeting at 10:05 p.m. Mayor Wishner reconvened the meeting at 10:28 p.m.

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Motion to amend current resolution that Goldman Sachs is not allowed more than 1% of the bond made by Deputy Mayor Alu was seconded by Commissioner Rosen. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

The roll call was then taken on Item 11I as amended.


J) Amendment (C10163) Ordinance 505-10-G re: Second Reading An Ordinance of the City of Sunrise, Florida, amending Fiscal Year 2009/2010 Budget Ordinance No. 505, to amend to amend the General Fund (Fund 001), Capital Improvements Fund (Fund 325) and the Police Confiscation/Forfeiture Fund (Fund 610), providing for conflict; providing for severability; and providing an effective date. (First Reading, CCM 7/13/10, Passed 4-0, Scuotto Absent).

MOTION A motion to table Item 11J made by Deputy Mayor Alu was seconded by Commissioner Scuotto. Mayor Wishner opened the meeting to the public. No one came forward to speak. Mayor Wishner closed the public hearing. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea











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Mayor Wishner Yea

K) Amendment (C10209)

re: First Reading

An Ordinance of the City of Sunrise, Florida, repealing Resolution No. 86-155-A regarding undesignated surplus funds; amending Section 5-92 “General Fund” to create a contingency reserve account; providing for conflict; providing for severability; providing for inclusion in the city code; and providing an effective date.

MOTION A motion to table Item 11K to the meeting of September 13th made by Commissioner Rosen was seconded by Deputy Mayor Alu. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Nay Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

L) Amendment (C10208)

re: First Reading

An Ordinance of the City of Sunrise, Florida, amending Section 5-92 “General Fund” to create a general fund revenue stabilization account; providing for conflict; providing for severability; providing for inclusion in the City Code; and providing an effective date.

MOTION A motion to table Item 11L to the September 13th meeting made by Deputy Mayor Alu was seconded by Commissioner Rosen.


M) Adjustment (C10215)















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re: First Reading

An Ordinance of the City of Sunrise, Florida, revising user charges for Emergency Medical Services; providing for severability; and providing an effective date.

MOTION A motion to table Item 11M to the meeting of September 13th was made by Commissioner Rosen was seconded by Deputy Mayor Alu. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

N) Amendment (C10203)

re: First Reading

An Ordinance of the City of Sunrise, Florida, amending Chapter 15 “Utilities*;” Section 15-131 “rendering of bills; partial payments;” to modify the interest provision; providing for conflict; providing for severability; providing for inclusion in the city code; and providing an effective date.

MOTION A motion to table Item 11N to the meeting of September 13th was made by Deputy Mayor Alu was seconded by Commissioner Rosen. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

O) Amendment (C10211) Resolution 10-112

A Resolution of the City of Sunrise, Florida, amending Solid Waste Rates adopted in Section 12-12(A) of the City Code relating to Residential and Commercial Collection Services; providing for conflict; providing for severability; provision for inclusion in the City Code; and providing an effective date.














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MOTION A motion to table Item 11O to the meeting of September 13th was made by Deputy Mayor Alu was seconded by Commissioner Rosen. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

12. Quasi-Judicial Hearings

None

13. City Clerk’s Report

None

14. City Attorney’s Report

None

15. Old Business

A) Agreement (C10205) Resolution 06-49-10-A

A Resolution of the City of Sunrise, Florida, approving a standard project agreement for architectural services with Post, Buckley, Schuh & Jernigan, Inc., for the Civic Center 50 meter pool repair project; and providing an effective date. (Tabled on SCCM 7/29/10, Passed 5-0).

MOTION A motion to table Item 15A to the meeting of September 13th was made by Commissioner Rosen was seconded by Deputy Mayor Alu. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea







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16. New Business

A) Presentation -

Presentation by OurSportsCenture. Assistant Deputy Mayor Larry Sofield.

Item was pulled by staff and rescheduled to the meeting of September 13th.

B) Traffic Light and Crosswalk (C10226) Resolution 10-113

A Resolution of the City of Sunrise, Florida, supporting an on demand traffic light and crosswalk at the Broward County VA Outpatient Clinic located at 9800 West Commercial Boulevard; urging that the City's Federal elected officials and Broward County fund and install the traffic light; authorizing the City Clerk to transmit this Resolution; and providing for an effective date.

MOTION A motion to approve Item 16B made by Deputy Mayor Alu was seconded by Commissioner Rosen. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

C) Amendment (C10235)

Commission discussion and/or action re: First Reading of an Ordinance of the City of Sunrise, Florida, amending Chapter 2 “Administration*;” Article II “City Commission;” Division 3 “Elections” by creating Section 2-46 “Background Checks for Mayor and City Commissioners;” providing for conflict; providing for severability; providing for inclusion in the City Code; and providing an effective date.

MOTION A motion to approve Item 16C made by Deputy Mayor Alu was seconded by Commissioner Rosen. Mayor Wishner stated that members of the boards are not included in the background checks. The background checks would occur every six months. Deputy Mayor Alu disagreed with every six months.


















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MOTION Deputy Mayor Alu moved to table Item 16C until the meeting of September 13th was seconded by Commissioner Rosen. Roll Call: Commissioner Scuotto Yea Commissioner Rosen Yea Assistant Deputy Mayor Sofield Absent Deputy Mayor Alu Yea Mayor Wishner Yea

17. Adjournment

Seeing no further business, the meeting adjourned at 11:06 p.m. Respectfully submitted by: _________________________________ Raheena Jan, Secretary to the City Clerk

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