MINUTES MEETING OF THE SUNRISE CITY COMMISSION
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1 MINUTES MEETING OF THE SUNRISE CITY COMMISSION Tuesday, July 12, :00 p.m. 1. Call to Order called the meeting to order at 5:01 p.m. 2. Roll Call BY: City Clerk Felicia Bravo Those found to be present were: Mayor Michael Ryan Deputy Mayor Joseph Scuotto Participated Telephonically Assistant Deputy Mayor Neil Kerch Commissioner Donald Rosen Commissioner Lawrence Sofield - City Manager Richard Salamon Assistant City Manager Mark Lubelski City Attorney Kimberly Kisslan Assistant City Attorney Tom Moss Community Development Director Shannon Ley Administrative Aide Lourdes Lawrence City Clerk Felicia Bravo 3. Moment of Silence and Pledge of Allegiance 1
2 4. Consent Agenda MOTION A motion to approve Items 4A through H, with the exception of G and H, made by was seconded by. (A) Amendment C16182 Resolution A Resolution of the City of Sunrise, Florida, approving the purchase of Irrigation Supplies from various vendors, under the terms and conditions of the Southeast Florida Governmental Purchasing Cooperative Bid No , for various departments; and providing an effective date. (B) Services C16189 Resolution A Resolution of the City of Sunrise, Florida, to award bid no MS and a contract to Florida Engineering and Development Corp. of Hialeah Gardens, Florida for the NW 44th Street Bicycle Lane Project; and providing an effective date. (C) Services C Resolution 102 A Resolution of the City of Sunrise, Florida, to award bid no CM and a contract to Custom Built Marine Construction, Inc. of Port St. Lucie, Florida for the Storm Water Pump Station No. 4 By-Pass Culvert Replacement Project; and providing an effective date. (D) Services C Resolution A Resolution of the City of Sunrise, Florida, to award bid no MS and a contract to MBR Construction, Inc. of Fort Lauderdale, Florida for the Shotgun Road Pedestrian Trail Renovations Project; and providing an effective date. 2
3 (E) Agreement C Resolution S A Resolution of the City of Sunrise, Florida, approving Project Agreement No HS between the City of Sunrise and Hazen and Sawyer, P.C. for Design Services for the Wastewater Transmission System Hydraulic Model Southwest WWTP/Sawgrass WWTP Flow Redirection Project; and providing an effective date. (F) Agreement T C Resolution A Resolution of the City of Sunrise, Florida, approving the First Amendment to Standard Project Agreement between the City of Sunrise and Walters Zackria Associates, PLLC, for additional Professional Architectural Services for the Civic Center Expansion Project; and providing an effective date. (G) Agreement B C Resolution A Resolution of the City of Sunrise, Florida, approving a Fifth Amendment to the Standard Agreement between the City of Sunrise and Craven Thompson & Associates, Inc. for Professional Consulting Services for the Design of the Nob Hill Road Passive Park Project; and providing an effective date. MOTION A motion to approve Items 4G made by was seconded by. asked why this kept being amended. City Manager Richard Salamon stated it was an ongoing project that has scope changes, including the establishment of the Veterans Advisory Board. The board made recommendations, and they would have a positive impact on the park. commented that he saw the rendering of Veterans Park. He believed it was a good idea to have a playground based on the configuration of the site. The board has many great ideas. 3
4 (H) Hire Special Counsel - C Resolution A Resolution of the City of Sunrise, Florida, retaining the services of Nabors Giblin & Nickerson, P.A., as Special Counsel to represent the City; and providing an effective date. MOTION A motion to approve Items 4H made by was seconded by. City Attorney Kimberly Kisslan advised that asked for a dollar limit on this item. stated the City needed to defend itself and disagreed with that idea. and agreed. 5. Special Items (A) Presentation Presentation of awards to the winning units in the Annual City of Sunrise July Fourth Parade. (B) Presentation Presentation of Employee of the Month Award for July 2016 to Linda Stanish, Recreation Attendant in the Leisure Services Department. (C) Presentation Presentation of the Officer of the Month Award for July 2016 to Detective Luis Fernandez.. 4
5 (D) Presentation Presentation of the Firefighter of the Month Award for July 2016 to Captain Christopher Benemio. (E) Presentation Presentation by Broward County Staff regarding the Broward County PACE Program that was authorized by Broward County Commission on June 14, A resident of the City wanted to speak in support of the program. She needs a new roof and would like the program so it would be affordable. John Riggs approached the City Commission to support the program. He believed it was a sound program. He knows people in other communities who have utilized it and thought it was a wonderful program. stated that there were risks associated with the program, such as high interest rates and the risk of foreclosure. It would be the individual homeowner s responsibility. 6. City Items None 7. Open Discussion Irene Shayman came forward to state that she asked for her recycling bin to be removed. She asked for the charge to be removed from her bill as well, she does not use the service. City Manager Richard Salamon explained that the contract with the service provider was spread throughout the City. The charge for garbage and recycling was charged regardless of whether the program has been used. Everyone was charged the same amount. Some communities pay and do not use the recycling at all. The city cannot choose who is charged and who is not. added that the administrative cost of determining who would and would not pay would be astronomical. Ms. Shayman stated that the lake in her community needed to be cleaned as well. stated staff would assist her with her complaints. Patrick Keane came forward to discuss being abused as a driver while trying to maintain the speed limit. 5
6 explained that there have been challenges with the traffic on Oakland Park Boulevard. Many of the roadways have the same issue. Mr. Keane replied he was happy to see the police monitoring the speeding. It was particularly bad at Christmas time and during the summer. added that at rush hour it was very bad. Andrea McDermott addressed the Commission regarding a City grant she applied for to replace her roof. stated he has asked staff to go through the issues with her so that she could either resolve the problem or learn what the problem was in particular. Jay Pricowski advised the Commission that there was a canal wall that was an issue. He understood there was an issue with the canal bank, but there would be a study. City Manager Richard Salamon replied there was no study planned. Mr. Prikowski asked who was responsible for the canal. City Manager Richard Salamon stated it varied from property to property. It was usually the City or the property owner. stated that staff would address the issue. Andrew Diaz stated he had the same problem with the loss of property as well from the deterioration of the lake. Frank Cagan thanked the Mayor and the Commission for supporting the Firefighter contract. 8. Commission/Mayor Reports stated that the Fourth of July events were wonderful. He wished congratulations on his re-election without opposition. wished a healthy recovery. stated he was watching on the computer. He thought that s invocation was timely. Police Chief John Brooks did a great job of community policing, especially with the bike patrol program. The remarks were touching. The Fourth of July concert and festivities were great. The amount of crashes on Oakland Park Boulevard used to be worse. The signs were used all around the City 6
7 and could be used before the turn to warn drivers. He thanked the residents for their faith in him. also wished a rapid recovery. Everyone appreciated his continued participation during this time. The Fourth of July had fantastic events. People were glad that the Police and Fire Departments were there. He had an opportunity to go to the Faith Center to speak to the community regarding the difficult issues. The police deserve respect and racial issues should not be ignored. Training was necessary to ensure everyone remained safe. Federal assistance may be on the way for training. 9. City Manager s Report advised City Manager Richard Salamon that the chillers needed to be fixed at City Hall. City Manager Richard Salamon explained that it would be a few weeks. 10. Consent Discussion The City Commission returned to Items 4G and 4H. 11. Quasi-Judicial Consent Agenda None 12. Public Hearings (A) Amendment - C Ordinance A An Ordinance of the City of Sunrise, Florida, amending Ordinance No. 89, as amended, by amending the Fire Rescue Fee Schedule to add a category, and by amending the Consumer Price Index Adjustment Period to the Fire Rescue Fee Schedule; providing for conflict; providing for severability; and providing an effective date. (First Reading CCM 6/28/16, Passed 4-0 Scuotto.) MOTION A motion to approve Item 12A made by Rosen was seconded by Assistant Deputy Mayor Kerch. opened the public hearing. No one came forward to speak. closed the public hearing. 7
8 (B) Amendment - C Ordinance D An Ordinance of the City of Sunrise, Florida, amending Fiscal r 2015/2016 Budget Ordinance No. 597, amending the General Capital Improvements Fund (325) and Water/Wastewater Renewal & Replacement Fund (402); providing for conflict; providing for severability; and providing an effective date. (First Reading CCM 6/28/16, Passed 4-0 Scuotto.) MOTION A motion to approve Item 12B made by was seconded by. opened the public hearing. No one came forward to speak. closed the public hearing. (C) Agreement - C Ordinance 605 An Ordinance of the City of Sunrise, Florida, approving a Collective Bargaining Agreement between the City and the Metro Broward Professional Firefighters, Local 3080, I.A.F.F. for the Rank and File Firefighters for October 1, 2013 to September 30, 2016; approving the Firefighter Pension Agreement and authorizing its execution; providing for conflict; providing for severability; and providing an effective date. (First Reading CCM 6/28/16, Passed 4-0 Scuotto.) 8
9 MOTION A motion to approve Item 12C made by was seconded by. opened the public hearing. No one came forward to speak. closed the public hearing. (D) Agreement - C Ordinance 606 An Ordinance of the City of Sunrise, Florida, approving a Collective Bargaining Agreement between the City and The Metro Broward Professional Firefighters, Local 3080, I.A.F.F. for Battalion Chiefs, for October 1, 2013 through September 30, 2016; approving the Firefighter Pension Agreement and authorizing its execution; providing for conflict; providing for severability; and providing an effective date. (First Reading CCM 6/28/16, Passed 4-0 Scuotto.) MOTION A motion to approve Item 12D made by was seconded by. opened the public hearing. No one came forward to speak. closed the public hearing. (E) Agreement - C16154 Ordinance 607 9
10 An Ordinance of the City of Sunrise, Florida, approving a Collective Bargaining Agreement between the City and The Metro Broward Professional Firefighters, Local 3080, I.A.F.F. for the Rank and File Firefighters for October 1, 2016 to September 30, 2019; approving the Firefighter Pension Agreement and authorizing its execution; providing for conflict; providing for severability; and providing an effective date. (First Reading CCM 6/28/16, Passed 4-0 Scuotto.) MOTION A motion to approve Item 12E made by was seconded by. opened the public hearing. No one came forward to speak. closed the public hearing. (F) Agreement - C Ordinance 608 An Ordinance of the City of Sunrise, Florida, approving a Collective Bargaining Agreement between the City and The Metro Broward Professional Firefighters, Local 3080, I.A.F.F. for Battalion Chiefs, for October 1, 2016 through September 30, 2019; approving the Firefighter Pension Agreement and authorizing its execution; providing for conflict; providing for severability; and providing an effective date. (First Reading CCM 6/28/16, Passed 4-0 Scuotto.) MOTION A motion to approve Item 12F made by was seconded by. opened the public hearing. No one came forward to speak. closed the public hearing. 10
11 (G) Amendment - C Ordinance 124-X-16-C An Ordinance of the City of Sunrise, Florida, implementing certain terms of the Collective Bargaining Agreements between the City and the Metro Broward Professional Firefighters Local 3080, I.A.F.F. for Firefighters and for Battalion Chiefs; amending Chapter 11 "Retirement and Pension;" Article II "City of Sunrise Retirement Plans;" by amending Section 11-3 "Definitions;" to amend the definition of Creditable Service for Firefighters, to amend the definition of Retirement for Firefighters, and to amend the definition of Salary for Firefighters; amending Section "Contributions;" amending Section "Normal Retirement Benefits;" amending Section "Early Retirement Benefits;" amending Section "State Action Resulting in Increased City Contributions to the Firefighters Retirement Plan;" amending Section "Provisions for Firefighters Hired on or after September 25, 2012;" creating a new Section "Share Plan for Firefighters;" providing for conflict; providing for severability; providing for inclusion in the City Code; and providing an effective date. (First Reading CCM 6/28/16, Passed 4-0 Scuotto.) MOTION A motion to approve Item 12G made by was seconded by. opened the public hearing. No one came forward to speak. closed the public hearing. (H) Agreement - C16160 Ordinance A An Ordinance of the City of Sunrise, Florida, approving a Letter of Understanding between the City of Sunrise and the Metro Broward Professional Firefighters, Local 3080, I.A.F.F.; providing for conflict; providing for severability; and providing an effective date. (First Reading CCM 6/28/16, Passed 4-0 Scuotto.) 11
12 MOTION A motion to approve Item 12H made by was seconded by. opened the public hearing. No one came forward to speak. closed the public hearing. (I) Agreement - C Ordinance 609 An Ordinance of the City of Sunrise, Florida, approving an exclusive Franchise Agreement between the City of Sunrise and Republic Services of Florida, Limited Partnership for the collection of Solid Waste and Recyclable Materials; waiving the competitive procurement requirements in the city code for good cause; providing for conflicts; providing for severability; and providing an effective date. (First Reading CCM 6/28/16, Passed 4-0 Scuotto.) MOTION A motion to approve Item 12I made by was seconded by. opened the public hearing. No one came forward to speak. closed the public hearing. announced that he would abstain from voting on this item and read the following statement into the records: I am declaring a voting conflict of interest under Fla. Stat , will be abstaining from voting and will be filing a CE Form 8B Memorandum of Voting Conflict for the following reasons. My nephew is employed by Waste Pro of Florida, Inc. A nephew is not included in the definition of relative under the voting conflicts statute. However, my situation is similar to that in CEO where the Commission on Ethics determined that even though brother-in-law was not included in the definition of "relative" under , that the brother-in-law shared a household and living expenses with the commissioner's sister and thus a special private gain or loss realized by the brother-in-law would constitute a special private gain or loss realized by the 12
13 commissioner's sister. In my situation, my nephew has a commonality of household with his mother who is my sister and who is a covered relative as defined in for purposes of voting conflict. Further, my abstention avoids even the appearance that there is a possible conflict of interest under F.S Abstain 13. Quasi-Judicial Hearings None 14. City Clerk s Report None 15. City Attorney s Report None 16. Old Business (A) Transfer of Property - C Resolution A Resolution of the City of Sunrise, Florida, approving the agreement for Sale and Purchase or property on NW 44 th Street, Sunrise, Florida, from ASMD Properties, LLC: and providing an effective date. MOTION A motion to approve Item 16A made by was seconded by. City Manager Richard Salamon replied that he was authorized to negotiate for the purchase. He recommended the purchase of the property. The City must receive money toward the purchase. The City may cancel the agreement if the money was not received from the County. stated that Broward County Mayor Kiar was pleased. opened the public hearing. No one came forward to speak. 13
14 closed the public hearing. commented he believed the building on the property should be green, i.e. environmentally sustainable. He wondered if federal funds could be used. Sunrise could be a leader. 17. New Business (A) Settlement - C Resolution A Resolution of the City of Sunrise, Florida, approving a Settlement Agreement related to Claim #GC ; providing for authorization to execute; and providing for an effective date. MOTION A motion to approve Item 17A made by was seconded by. (B) Agreement - C16131 Resolution A Resolution of the City of Sunrise, Florida, approving a Temporary Construction Access Easement Agreement between Thomas C. Goyne and Vickie Sue Goyne and the City of Sunrise; providing for recordation; and providing for an effective date. MOTION A motion to approve Item 17B made by was seconded by. 14
15 (C) Agreement - C16132 Resolution A Resolution of the City of Sunrise, Florida, approving a Temporary Construction Access Easement Agreement between Guitry Gachelin and the City of Sunrise; providing for recordation; and providing for an effective date. MOTION A motion to approve Item 17C made by was seconded by. (D) Nuisance Abatement - C16183 Resolution A Resolution of the City of Sunrise, Florida, establishing the total sum of the Nuisance Abatement; setting the amount assessed against each affected parcel of property for the period between June 1, 2015 through May 31, 2016 with interest calculated through October 31, 2016; establishing a public hearing and directing the provision of notice thereof; providing for the use of the uniform method of collection; and providing for an effective date. MOTION A motion to approve Item 17D made by was seconded by. (E) Fire Rescue Assessment - C16181 Resolution
16 A Resolution of the City of Sunrise, Florida, relating to the provision of Fire Rescue Services, Facilities and Programs in the City of Sunrise, Florida; establishing the estimated assessment rate for Fire Rescue Assessments for the Fiscal r beginning October 1, 2016; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof; and providing an effective date. MOTION A motion to approve Item 17E made by was seconded by. (F) Tentative Millage Rate - C16184 Resolution A Resolution of the City of Sunrise, Florida, accepting a Proposed Millage Rate for the 2016/2017 Fiscal r; also computing a roll-back millage rate; providing for the date, time and place at which a public hearing will be held to consider the proposed millage rate and a tentative budget; accepting a Proposed Millage Rate for the 2016/2017 Fiscal r for the Voted Debt Service Millage for the General Obligation Bonds, Series 2015; providing for the date, time and place at which a public hearing will be held to consider the proposed millage rate and a tentative budget; directing the appropriate city officials to advise the Broward County Property Appraiser s Office of the information contained herein; and providing for an effective date. MOTION A motion to approve Item 17F made by was seconded by. 18. Adjournment Seeing no further business, the meeting adjourned at 7:00 p.m. 16
17 Respectfully submitted by: Meryl Girard, Assistant City Clerk 17
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