REGULAR CITY COUNCIL MEETING
AGENDA
CHAMBERS

RIVIERA BEACH, FL 33404
June 5, 2013
5:30 PM


NOTICE

IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THE PROCEEDINGS SHALL CONTACT THE OFFICE OF THE CITY MANAGER AT 561-845-4010 NO LATER THAN 96 HOURS PRIOR TO THE PROCEEDINGS; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICES 1-800-955-8771 (TDD) OR 1-800-955-8770 (VOICE) FOR ASSISTANCE.

MAYOR
THOMAS A. MASTERS

CHAIRPERSON
CEDRICK A. THOMAS - DISTRICT 3

CHAIR PRO-TEM
DAWN S. PARDO - DISTRICT 4

COUNCILPERSONS
BRUCE A. GUYTON - DISTRICT 1
JUDY L. DAVIS - DISTRICT 2
TERENCE "TD" DAVIS - DISTRICT 5
 
ADMINISTRATION
RUTH C. JONES, CITY MANAGER
CARRIE E. WARD, MMC, CITY CLERK
PAMALA H. RYAN, CITY ATTORNEY


PLEASE TAKE NOTICE AND BE ADVISED, that if any interested person desires to appeal any decision made by the City Council with respect to any matter considered at this meeting, such interested person, at own expense, will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, pursuant to F.S. 286.0105.

LOBBYING - ORDINANCE 4001 - ADOPTED SEPTEMBER 2011
Lobbyist registration and reporting forms are available for you online and in print.
Forms can be obtained in the Office of the City Clerk & in the Council Chambers.
Registration and reporting forms shall be submitted to the Office of the City Clerk.

ANY PERSON WHO WOULD LIKE TO SPEAK ON AN AGENDA ITEM (NON-CONSENT ITEMS ONLY), PLEASE FILL OUT A PINK PUBLIC COMMENT CARD LOCATED IN THE BACK OF THE COUNCIL CHAMBERS AND GIVE IT TO THE LEGISLATIVE ASSISTANT PRIOR TO THE BEGINNING OF THE MEETING; IN NO EVENT WILL ANYONE BE ALLOWED TO SPEAK ON AN AGENDA ITEM AFTER THE RESOLUTION IS READ OR ITEM CONSIDERED

CITY CLERK CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance
AGENDA Approval: Additions, Deletions, Substitutions
Disclosure by Council
Adoption of Agenda
CONSENT AGENDA

ALL MATTERS LISTED UNDER THIS ITEM ARE CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCILPERSON SO REQUESTS, IN WHICH EVENT, THE ITEM WILL BE REMOVED FROM THE GENERAL ORDER OF BUSINESS AND CONSIDERED IN ITS NORMAL SEQUENCE ON THE AGENDA.

MINUTES
1. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD, APRIL 3, 2013.
2. MINUTES OF THE CITY COUNCIL WORKSHOP HELD, APRIL 17, 2013.
3. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD, MAY 1, 2013.
RESOLUTIONS
4. RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE REHABILITATION CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF RIVIERA BEACH AND GUARDIAN COMMUNITY RESOURCE MANAGEMENT, INC., EXTENDING THE CONTRACT DEADLINE FROM JUNE 15, 2013, TO DECEMBER 14, 2013, IN ASSOCIATION WITH THE DISASTER RECOVERY INITIATIVE PROGRAM, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
5. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, TO APPROVE A MUTUAL AID AGREEMENT WITH THE UNITED STATES VETERANS AFFAIRS (VA) MEDICAL CENTER POLICE SERVICE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
6. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF RIVIERA BEACH AND THE CRA, COMMITTING MATCHING FUNDS FOR AN ECONOMIC DEVELOPMENT ADMINISTRATION GRANT, A FLORIDA INLAND NAVIGATION WATERWAY ASSISTANCE GRANT AND A FLORIDA FISH AND WILDLIFE COMMISSION FLORIDA BOATING IMPROVEMENT GRANT FOR THE MARINA DISTRICT PROJECT TO INCREASE THE TOTAL COMMITMENT TO $2.53 MILLION AND AUTHORIZING THE DISBURSEMENT OF $530,014; AND PROVIDING AN EFFECTIVE DATE.
7. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE ECONOMIC DEVELOPMENT TRANSPORTATION PROJECT FUND AGREEMENT BETWEEN THE CITY OF RIVIERA BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR RECEIVING PROJECT FUNDS IN THE AMOUNT OF $500,000 TO BE USED FOR THE RECONSTRUCTION OF WEST 13TH STREET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
8. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT WITH JH SPRAGUE CONSULTING, L.L.C. TO PROVIDE CONSULTATION SERVICES ON THE MARINA PROJECT TO FACILITATE THE DEVELOPMENT AND IMPLEMENTATION OF THE MARINA RENOVATION AND DEVELOP AND MONITOR GRANT APPLICATION PROCESSES COMMENCING APRIL 1, 2013; AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO MAKE PAYMENT FROM THE CONTRACT SERVICES-OTHER ACCOUNT NO. 001-0203-519-0-3406 IN AN AMOUNT NOT TO EXCEED $72,000; AND PROVIDING AN EFFECTIVE DATE.
9. RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE CONTRACT WITH PUBLIC FINANCIAL MANAGEMENT, INC., FOR FINANCIAL ADVISORY SERVICES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
10. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING TOTAL SETTLEMENT OF THE MATTER OF ONDRA SCOTT-STYLES V. CITY OF RIVIERA BEACH AND APPROVING THE TOTAL SETTLEMENT AMOUNT OF $80,000 AS COMPLETE AND FINAL SETTLEMENT OF INDEMNITY COMPENSATION, FURTHER LIABILITY FOR FUTURE MEDICAL CARE AND REHABILITATION TO THE CLAIMANT, INCLUSIVE OF ATTORNEY'S FEES AND COSTS; FURTHER, AUTHORIZING PAYMENT FROM THE CITY'S WORKERS' COMPENSATION SETTLEMENT ACCOUNT NUMBER 602-0539-513-0-4508 TO BE REIMBURSED BY THE INSURANCE CARRIER; AND PROVIDING AN EFFECTIVE DATE.
11. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT IN THE MATTER OF LATANZA MCNEIL V. THE CITY OF RIVIERA BEACH, AND BRIAN JACKSON, CASE NO.: 9:12:-CV-81053-CIV-WILLIAMS IN THE TOTAL AMOUNT OF $30,000; AUTHORIZING GALLAGHER BASSETT TO MAKE PAYMENT ON BEHALF OF THE CITY AFTER RECEIVING A GENERAL RELEASE; AND PROVIDING AN EFFECTIVE DATE.
12. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING RESOLUTION NO. 18-12, BY CORRECTING WORK ORDER NO. ONE AMOUNT WITH MARINETEK NORTH AMERICA OF ST. PETERSBURG, FLORIDA TO READ $1,109,688.00; AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO CORRECT THE WORK ORDER AMOUNT AND ADJUST THE PURCHASE ORDER ACCORDINGLY; AND PROVIDING AN EFFECTIVE DATE.
13. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING WORK ORDER NO. FOUR WITH MARINETEK NORTH AMERICA OF ST. PETERSBURG, FLORIDA, IN THE AMOUNT OF $1,645,970.00 FOR MANUFACTURE AND DELIVERY OF THE FIXED AND FLOATING DOCK PRODUCTS FOR PHASE TWO OF THE MARINA PROJECT; AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO MAKE PAYMENT FROM THE APPROPRIATE GRANT FUND ACCOUNT NO. 422-0000-575-4-6251; AND PROVIDING AN EFFECTIVE DATE.
14. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING BID NO. 394-13 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE PROPOSED MATERIALS AND INSTALLATION CONTRACT WITH KOLDAIRE, INC. OF SUNRISE, FLORIDA, FOR THE INSTALLATION OF SIX NEW HVAC UNITS AT CITY HALL IN THE AMOUNT OF $39,247.00; AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDERS UP TO TEN PERCENT (10%); AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO MAKE PAYMENT FOR SAME FROM ACCOUNT NUMBER 310-1123-519-1-6251; AND PROVIDING AN EFFECTIVE DATE.
15. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING RFP NO. 384-13 FOR EQUIPMENT, MATERIALS, INSTALLATION, AND OTHER PROFESSIONAL SERVICES FOR THE EXPANSION AND MAINTENANCE OF VARIOUS POLICE TECHNOLOGIES TO CONTROL COMMUNICATIONS, INC.; AUTHORIZING CONTROL COMMUNICATIONS, INC. TO PERFORM SERVICES PER THE NEGOTIATED CONTRACT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO SET UP THE BUDGET AND MAKE EXPENDITURES IN THE AMOUNT OF $330,000 FROM ACCOUNT NO. 001-0817-521-0-4601; AND PROVIDING AN EFFECTIVE DATE.

END OF CONSENT AGENDA

PETITIONS AND COMMUNICATIONS FOR FILING
AWARDS AND PRESENTATIONS
16. PRESENTATION FROM THE OFFICE OF THE MAYOR BY THE FAITH*HOPE*LOVE*CHARITY'S VETERANS OUTREACH NETWORK.
17. PRESENTATION FROM THE OFFICE OF THE MAYOR TO THE MEMBERS OF THE COMMUNITY AS THANKS FOR HELPING GRIEVING FAMILIES.
PUBLIC HEARINGS
ORDINANCES ON FIRST READING
18. ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, REPEALING THE EXISTING CHAPTER 2, ARTICLE V, RELATED TO PER DIEM AND TRAVEL EXPENSES; AND PROVIDING AN EFFECTIVE DATE.
19. ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 17, ENTITLED "SECURITY AND FIRE WARNING SYSTEMS", ARTICLE II, ENTITLED "BURGLAR ALARMS" BY REPEALING THE EXISTING ARTICLE II AND REPLACING IT WITH A NEW ARTICLE II, ENTITLED "POLICE ALARM SYSTEMS"; PROVIDING FOR A REPEALER AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, ESTABLISHING UPDATED FEES AND CIVIL PENALTIES FOR THE POLICE ALARM SYSTEMS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
20. ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11, ARTICLE III ENTITLED, "JUNKED, WRECKED, ABANDONED PROPERTY" OF THE CITY'S CODE OF ORDINANCES BY CREATING A NEW DIVISION FOR THE REGULATION OF SHOPPING CARTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
21. ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11, BY CREATING ARTICLE VI ENTITLED, "REGISTRATION OF FORECLOSED AND MORTGAGED REAL PROPERTY" OF THE CODE OF ORDINANCES OF THE CITY OF RIVIERA BEACH, FLORIDA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY AND CONFLICT CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
COMMENTS FROM THE PUBLIC -7:00 PM Non-Agenda or Consent Item Speakers (Three Minute Limitation)

Please be reminded that the City Council has adopted a set of "Rules of Decorum Governing Public Conduct during Official Meetings", which had been posted at the entrance of the Council Chambers. In an effort to preserve order, if any of the rules are not adhered to, the Council Chair may have any disruptive speaker removed from the podium, from the meeting and/or the building, if necessary. Please govern yourselves accordingly.

Public Comments shall begin at 7:00 PM unless there is no further business of the City Council, which in that event, it shall begin sooner. In addition; however, if an item is being considered at 7:00 PM, then public comments shall begin immediately after the item has been concluded.

REGULAR
22. RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING BID NO. 395-13 FOR THE CONSTRUCTION OF 248 FEET OF NEW SEAWALL AND RELATED DEMOLITION AT THE CITY MARINA TO THE MURPHY CONSTRUCTION CO. OF WEST PALM BEACH, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER IN THE AMOUNT OF $501,056.00; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE PROPOSED CONSTRUCTION SERVICES CONTRACT; AND AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO ESTABLISH A BUDGET AND MAKE PAYMENTS FOR SAME FROM THE GENERAL GRANT ACCOUNT NO. 422-0000-575-4-6251; AND PROVIDING AN EFFECTIVE DATE.
DISCUSSION AND DELIBERATION
23. USE OF THE $550,000 FROM THE OCEAN MALL TO INCREASE THE CITY'S FUND BALANCE.
24. 1996 INTERLOCAL WITH CITY OF RIVIERA BEACH AND PORT OF PALM BEACH AND PIER #3 CONSTRUCTION.
25. CITY MANAGER'S EVALUATION AND CONTRACT DISCUSSION.
26. CITY ATTORNEY'S EVALUATION AND CONTRACT DISCUSSION.
COMMUNITY BENEFITS REQUEST
27. T.E.A.M. ELAM FOUNDATION - $500- BRUCE A. GUYTON - SUPPORT THE FOUNDATION IN ITS GOAL TO COMBAT VIOLENCE AND NEGATIVE INFLUENCES SURROUNDING YOUTH.
28. T.E.A.M. ELAM FOUNDATION - $500- THOMAS A. MASTERS- TO DEFRAY COSTS OF "A DAY IN THE PARK" EVENT JUNE 6-8, 2013.
29. T.E.A.M. ELAM FOUNDATION - $500 - TERENCE DAVIS - TO DEFRAY COSTS OF "A DAY IN THE PARK" EVENT JUNE 6-8, 2013.
30. RIVIERA BEACH FIRE RESCUE HONOR GUARD - $500 - BRUCE A. GUYTON - UNIFORMS FOR THE HONOR GUARDS.
31. RIVIERA BEACH POLICE DEPARTMENT - $500 - CEDRICK A. THOMAS - FIRST ANNUAL POLICE APPRECIATION BANQUET IN RECOGNITION OF NATIONAL POLICE APPRECIATION WEEK.
32. RIVIERA BEACH POLICE DEPARTMENT - $500 - BRUCE A. GUYTON - FIRST ANNUAL POLICE APPRECIATION BANQUET IN RECOGNITION OF NATIONAL POLICE APPRECIATION WEEK.
33. RIVIERA BEACH PUBLIC LIBRARY - $1,000 - BRUCE A. GUYTON - FOR PROCESSING A VARIETY OF AUDIO LANGUAGE TRAINING MATERIALS FOR PUBLIC USE.
34. HEART HEALTH & HEALING MINISTRIES - $350 - BRUCE A. GUYTON - HEALTH AND EDUCATIONAL AWARENESS/EMPOWERMENT BLOW-OUT EVENT.
35. HEART HEALTH & HEALING MINISTRIES - $500 - THOMAS A. MASTERS - IN SUPPORT OF THE AIDS OUTREACH EVENT IN CUNNINGHAM PARK ON JUNE 22, 2013.
36. HEALTHY FOOD, HEALTHY LIVING, INC. - $500 - THOMAS A. MASTERS - TO DEFRAY COST OF OPERATING EXPENSES AT FOOD BANK.
37. VALLEY OF LOVE MINISTRIES - $400 - JUDY L. DAVIS - FOR THE VLM HEART FOR THE HOMELESS PROGRAM.
38. BETHUNE-COOKMAN UNIVERSITY NATIONAL ALUMNI ASSOCIATION - $150 - JUDY L. DAVIS - STUDENT RECRUITMENT
39. BEE2BEE NETWORK - $500 - THOMAS A. MASTERS - SUPPORT THE START OF SUMMER PROGRAM.
40. DESTINY BY CHOICE - $500 - THOMAS A. MASTERS - TO SUPPORT ANTI-DOMESTIC VIOLENCE INITIATIVES.
41. PAINT YOUR HEART OUT PALM BEACH COUNTY - $800 - BRUCE A. GUYTON - PROVIDE FOOD AND ENTERTAINMENT FOR APPROXIMATELY 50 VOLUNTEERS FOR THE PAINT AND REPAIR PROJECT, JULY 13, 2013.
42. J.A.Y. MINISTRIES - $960 - TERENCE DAVIS - YOUTH SUMMER CAMP.
BOARD APPOINTMENTS
43. CITY COUNCIL TO APPOINT REPRESENTATIVES TO SERVE FOR ONE YEAR ON VARIOUS BOARDS AND COMMITTEES.
44. CITY COUNCIL TO APPOINT OR RE-APPOINT A MEMBER TO THE FIRE PENSION BOARD.
DISCUSSION BY CITY MANAGER
LEGAL DISCUSSION/REQUEST
CITY COUNCIL COMMITTEE REPORTS
STATEMENTS BY THE MAYOR AND CITY COUNCIL
ADJOURNMENT
Minutes have not been generated