REGULAR CITY COUNCIL MEETING
AGENDA

RIVIERA BEACH, FL 33404
August 3, 2016
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

 

TERENCE "TD" DAVIS - DISTRICT 5

 

CHAIR PRO-TEM

 

KASHAMBA L. MILLER-ANDERSON - DISTRICT 2

 

 

 

COUNCILPERSONS

 

LYNNE L. HUBBARD - DISTRICT 1

 

TONYA DAVIS JOHNSON - DISTRICT 3

 

DAWN S. PARDO - DISTRICT 4

 

 

ADMINISTRATION

 

RUTH C. JONES, CITY MANAGER

 

CLAUDENE L. ANTHONY, CMC, CITY CLERK

 

ANDREW DeGRAFFENREIDT, III, 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; PLEASE FILL OUT A PINK PUBLIC COMMENT CARD LOCATED IN THE BACK OF THE COUNCIL CHAMBERS AND GIVE IT TO THE STAFF PRIOR TO THE ITEM BEING TAKEN UP BY CITY COUNCIL FOR DISCUSSION. MEMBERS OF THE PUBLIC SHALL BE GIVEN A TOTAL OF THREE (3) MINUTES TO SPEAK ON ALL ITEMS LISTED ON THE CONSENT AGENDA. MEMBERS OF THE PUBLIC WILL BE GIVEN THREE (3) MINUTES TO SPEAK ON EACH REGULAR AGENDA ITEM. IN NO EVENT WILL ANYONE BE ALLOWED TO SUBMIT A COMMENT CARD AND SPEAK ON AN AGENDA ITEM AFTER THE RESOLUTION IS READ OR ITEM CONSIDERED.

VIDEO

CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance

AGENDA Approval:

 

Additions, Deletions, Substitutions

Disclosures by Council
Adoption of Agenda
Comments From the Public on Consent Agenda (Three Minute Limitation)
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
VIDEO1.

MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD JULY 6, 2016.

 
RESOLUTIONS
VIDEO2.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING SETTLEMENT OF THE CLAIMS ASSERTED BY PLAINTIFF SERETHA COLBERT IN THE MATTER OF SERETHA COLBERT, ET AL. V. CITY OF RIVIERA BEACH AND APPROVING THE TOTAL SETTLEMENT OF EMPLOYMENT PRACTICES LIABILITY CASE, INCLUSIVE OF ATTORNEY’S FEES AND COSTS; FURTHER AUTHORIZING PAYMENT FROM THE CITY’S LIABILITY SETTLEMENT ACCOUNT NUMBER 602-0539-513-0-4508 TO BE REIMBURSED BY THE INSURANCE CARRIER; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO3.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING SETTLEMENT OF THE CLAIMS ASSERTED BY PLAINTIFF ANGELA ELLIS IN THE MATTER OF SERETHA COLBERT, ET AL. V. CITY OF RIVIERA BEACH AND APPROVING THE TOTAL SETTLEMENT OF EMPLOYMENT PRACTICES LIABILITY CASE, INCLUSIVE OF ATTORNEY’S FEES AND COSTS; FURTHER AUTHORIZING PAYMENT FROM THE CITY’S LIABILITY SETTLEMENT ACCOUNT NUMBER 602-0539-513-0-4508 TO BE REIMBURSED BY THE INSURANCE CARRIER; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO4.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING SETTLEMENT OF THE CLAIMS ASSERTED BY PLAINTIFF LARRY PAYNE IN THE MATTER OF SERETHA COLBERT, ET AL. V. CITY OF RIVIERA BEACH AND APPROVING THE TOTAL SETTLEMENT OF EMPLOYMENT PRACTICES LIABILITY CASE, INCLUSIVE OF ATTORNEY’S FEES AND COSTS; FURTHER AUTHORIZING PAYMENT FROM THE CITY’S LIABILITY SETTLEMENT ACCOUNT NUMBER 602-0539-513-0-4508 TO BE REIMBURSED BY THE INSURANCE CARRIER; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO5.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING SETTLEMENT OF THE CLAIMS ASSERTED BY PLAINTIFF KATHY RIBEIRO IN THE MATTER OF SERETHA COLBERT, ET AL. V. CITY OF RIVIERA BEACH AND APPROVING THE TOTAL SETTLEMENT OF EMPLOYMENT PRACTICES LIABILITY CASE, INCLUSIVE OF ATTORNEY’S FEES AND COSTS; FURTHER AUTHORIZING PAYMENT FROM THE CITY’S LIABILITY SETTLEMENT ACCOUNT NUMBER 602-0539-513-0-4508 TO BE REIMBURSED BY THE INSURANCE CARRIER; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO6.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING SETTLEMENT OF THE CLAIMS ASSERTED BY PLAINTIFF ANTHONY SCOTT IN THE MATTER OF SERETHA COLBERT, ET AL. V. CITY OF RIVIERA BEACH AND APPROVING THE TOTAL SETTLEMENT OF EMPLOYMENT PRACTICES LIABILITY CASE, INCLUSIVE OF ATTORNEY’S FEES AND COSTS; FURTHER AUTHORIZING PAYMENT FROM THE CITY’S LIABILITY SETTLEMENT ACCOUNT NUMBER 602-0539-513-0-4508 TO BE REIMBURSED BY THE INSURANCE CARRIER; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO7.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING SETTLEMENT OF THE CLAIMS ASSERTED BY PLAINTIFF SILAS SPEARMAN  IN THE MATTER OF SERETHA COLBERT, ET AL. V. CITY OF RIVIERA BEACH AND APPROVING THE TOTAL SETTLEMENT OF EMPLOYMENT PRACTICES LIABILITY CASE, INCLUSIVE OF ATTORNEY’S FEES AND COSTS; FURTHER AUTHORIZING PAYMENT FROM THE CITY’S LIABILITY SETTLEMENT ACCOUNT NUMBER 602-0539-513-0-4508 TO BE REIMBURSED BY THE INSURANCE CARRIER; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO8.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING SETTLEMENT OF THE CLAIMS ASSERTED BY PLAINTIFF RENO WELLS  IN THE MATTER OF SERETHA COLBERT, ET AL. V. CITY OF RIVIERA BEACH AND APPROVING THE TOTAL SETTLEMENT OF EMPLOYMENT PRACTICES LIABILITY CASE, INCLUSIVE OF ATTORNEY’S FEES AND COSTS; FURTHER AUTHORIZING PAYMENT FROM THE CITY’S LIABILITY SETTLEMENT ACCOUNT NUMBER 602-0539-513-0-4508 TO BE REIMBURSED BY THE INSURANCE CARRIER; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO9.

RESOLUTION NO. ______ A    RESOLUTION    OF   THE   CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA,  AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF RIVIERA BEACH AND THE FLORIDA PUBLIC SERVICES UNION – SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) MODIFYING THE OCTOBER 1, 2014 THRU SEPTEMBER 30, 2017 LABOR AGREEMENT, REPRESENTING GENERAL EMPLOYEES OF THE CITY OF RIVIERA BEACH;   EFFECTIVE OCTOBER 1, 2014.

 
10.

RESOLUTION NO. ______  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, REQUESTING AUTHORIZATION TO NEGOTIATE THE PURCHASE OF AN ENTERPRISE RESOURCE PLANNING SOFTWARE SOLUTION FOR THE CITY WITH TYLER MUNIS PUBLIC SECTOR; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO11.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO AT&T FOR A SWITCHED ETHERNET SOLUTION BANDWIDTH AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO12.

RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, REQUESTING AUTHORIZATION TO PROCURE JUNIPER NETWORK DEVICES BY USING THE 43220000-WSCA-14-ACS AND PROFESSIONAL SERVICES INSTALL FOR JUNIPER NETWORK DEVICES FROM HAYES COMMUNICATIONS USING THE 973-561-10-1-IT CONSULTING SERVICES; AUTHORIZING THE MAYOR TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE 

 
VIDEO13.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, REQUESTING AUTHORIZATION TO PROCURE AT&T 1GB MANAGED INTERNET SERVICES FOR $2,252 PER MONTH AND FATPIPE NETWORK SOLUTION FROM AT&T FOR $147,003.95 FROM FUND ACCOUNT 312-0243-516-0-6351; AND PROVIDING AN EFFECTIVE DATE

 
VIDEO14.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO BEA ARCHITECTS TO PROVIDE CONSULTING SERVICES FOR THE DEVELOPMENT OF A DESIGN CRITERIA PACKAGE TO BUILD A NEW LIBRARY FOR AN AMOUNT NOT TO EXCEED $396,645 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO15.

RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING BID NO. 801-16 TO ALL-SITE CONSTRUCTION, INC. OF RIVIERA BEACH, FLORIDA FOR THE RENOVATION OF EIGHT CITY HALL RESTROOMS, ONE LIBRARY RESTROOM, TWO WELLS GYM STAFF RESTROOMS AND TWO TATE GYM STAFF RESTROOMS IN AN AMOUNT NOT TO EXCEED $175,661; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONSTRUCTION SERVICES CONTRACT; AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDERS UP TO TEN PERCENT (10%); AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO APPROPRIATE FUNDS IN THE AMOUNT OF $55,227 FROM THE PARKS AND RECREATION IMPACT FUND TO ACCOUNT NUMBER 310-1236-572-6-6351; AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO MAKE PAYMENT FOR SAME FROM ACCOUNT NUMBERS 305-0202-519-0-6201, 001-0409-513-0-6404 AND 310-1236-572-6-6351; AND PROVIDING AN EFFECTIVE DATE.

 

END OF CONSENT AGENDA

PETITIONS AND COMMUNICATIONS FOR FILING
AWARDS AND PRESENTATIONS
16.

UPDATE ON THE RIVIERA BEACH HOUSING AUTHORITY BY EXECUTIVE DIRECTOR JOHN W. HURT.

 
VIDEO17.

PRESENTATION BY CRAIG SPATARA OF PALM BEACH COUNTY CRIMINAL JUSTICE PROGRAMS ON "BAN THE BOX", A FAIR CHANCE FOR WORKERS WITH RECORDS.

 
PUBLIC HEARINGS
ORDINANCES ON SECOND READING
VIDEO18.

ORDINANCE NO.__________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 31 OF THE CITY’S CODE OF ORDINANCES ENTITLED “ZONING”, ARTICLE VI, “SUPPLEMENTAL DISTRICT REGULATIONS”, SECTION 31-546 “SWIMMING POOLS”, IN ORDER TO CREATE STANDARDS FOR INSTALLATION AND USE OF SWIMMING POOLS IN THE CITY; PROVIDING FOR CONFLICTS, SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

 
COMMENTS FROM THE PUBLIC -8:30 PM Non-Agenda Item Speakers (Three Minute Limitation)

Public Comment should be restricted to issues, matters, or topics pertinent to the City of Riviera Beach. Please be reminded that the City Council has adopted "Rules of Decorum Governing Public Conduct during Official Meetings", which has 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 or attendee removed from the podium, from the meeting and/or the building, if necessary. Please govern yourselves accordingly.

Public Comments shall begin at 8:30 PM unless there is no further business of the City Council, which in that event, it shall begin sooner. In addition; if an item is being considered at 8:30 PM, then comments from the public shall begin immediately after the item has been concluded.

REGULAR
VIDEO19.

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 INTERLOCAL AGREEMENT WITH THE TOWN OF PALM BEACH SHORES, PALM BEACH COUNTY, FLORIDA, FOR EMERGENCY MEDICAL AND SUPPLEMENTAL FIRE RELATED SERVICES FROM JANUARY 1, 2017 THROUGH DECEMBER 31, 2022, FOR A TOTAL FIRST YEAR PAYMENT TO RIVIERA BEACH OF $305,736 AND A 3% INCREASE ANNUALLY THEREAFTER; AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO ESTABLISH A BUDGET FOR SAME; AND PROVIDING AN EFFECTIVE DATE.

 
VIDEO20.

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 A CASH MANAGEMENT MASTER AGREEMENT WITH TD BANK, N.A. TO PROVIDE BANKING SERVICES FOR THE CITY FOR A PERIOD OF THREE (3) YEARS COMMENCING SEPTEMBER 1, 2016 UNTIL AUGUST 31, 2019 WITH UP TO TWO ANNUAL RENEWALS AT THE CITY’S OPTION; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO EXECUTE ALL BANKING DOCUMENTS NECESSARY TO CARRY OUT THE PROVISION OF SERVICES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE ADDITIONAL SERVICES AS THE CITY MANAGER MAY DEEM APPROPRIATE AND NECESSARY AT REASONABLE COSTS; AND  PROVIDING AN EFFECTIVE DATE.

 
ITEMS TABLED
DISCUSSION AND DELIBERATION
VIDEO21.UPDATE ON THE CITY'S / CRA'S 2015 AUDIT.
 
VIDEO22.UPDATE ON LLOYD BROWN'S PROPERTY.
 
COMMUNITY BENEFITS REQUESTS
VIDEO23.

NATIONAL FEDERATION OF THE BLIND PALM BEACH CHAPTER (NFB) - $300 - CHAIRMAN TERENCE D. DAVIS - IN SUPPORT  OF THE NFB ADVOCATING FOR CIVIL RIGHTS AND EQUALITY FOR THE BLIND AND VISUALLY IMPAIRED.

 
DISCUSSION BY CITY MANAGER
DISCUSSION BY CITY ATTORNEY
VIDEO24.

CITY ATTORNEY'S RESPONSE TO CITY COUNCIL'S REQUEST CONCERNING THE RELEASE OF CODE ENFORCEMENT LIENS.

 
CITY COUNCIL COMMITTEE REPORTS
STATEMENTS BY THE MAYOR AND CITY COUNCIL
ADJOURNMENT