REGULAR CITY COUNCIL MEETING
AGENDA
MARINA EVENT CENTER - 190 E. 13TH STREET
RIVIERA BEACH, FL 33404
June 23, 2021
6:00 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 561-812-6590 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


RONNIE L. FELDER


CHAIRPERSON


SHIRLEY D. LANIER - DISTRICT 3

 

CHAIR PRO-TEM


KASHAMBA MILLER-ANDERSON - DISTRICT 2


COUNCILPERSONS


TRADRICK MCCOY - DISTRICT 1


DOUGLAS A. LAWSON - DISTRICT 5


JULIA A. BOTEL - DISTRICT 4


ADMINISTRATION


CITY MANAGER, JONATHAN EVANS


CLAUDENE L. ANTHONY, CMC, CITY CLERK


DAWN S. WYNN, 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.


BE FURTHER ADVISED, the meeting location is subject to change. The public is encouraged to visit the City's website for up to date information on meeting location and information.

 


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 and 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 COMPLETE A PINK PUBLIC COMMENT CARD LOCATED AT THE FRONT DESK AND GIVE IT TO THE STAFF PRIOR TO THE ITEM BEING TAKEN UP BY CITY COUNCIL FOR DISCUSSION. MEMBERS OF THE PUBLIC WILL BE GIVEN A TOTAL OF THREE (3) MINUTES TO SPEAK ON ALL ITEMS LISTED ON THE CONSENT AGENDA AND THREE (3) MINUTES TO SPEAK ON EACH REGULAR AGENDA ITEM. THE TIME LIMIT FOR PUBLIC COMMENT MAY BE REDUCED BY A VOTE OF THE CITY COUNCIL BASED ON THE VOLUMINOUS NATURE OF PUBLIC COMMENT CARDS. IN NO EVENT WILL ANYONE BE ALLOWED TO SUBMIT A COMMENT CARD TO 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
Adoption of Agenda
Comments From the Public on Consent Agenda (Three Minutes 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
RESOLUTIONS
VIDEO1.

RESOLUTION NO. 50-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA TO ACCEPT THE INTERLOCAL AGREEMENT FROM PALM BEACH COUNTY DEPARTMENT OF PUBLIC SAFETY THROUGH THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND THE CITY OF RIVIERA BEACH, FLORIDA; PROVIDING REIMBURSEMENT IN AN AMOUNT NOT TO EXCEED $401,700 FROM OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2024 FOR CONTINUED FULL-TIME CASE MANAGER STAFFING AND FULL-TIME COMMUNITY COORDINATOR  STAFFING AND SUPPORT TO THE CIVIL DRUG COURT FOR SERVICES TO CLIENTS AFFECTED BY MENTAL HEALTH AND SUBSTANCE ABUSE ; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THIS AGREEMENT AND AUTHORIZING THE FINANCE DIRECTOR TO SET UP THE BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE.

 

FELICIA SCOTT, PROGRAM MANAGER, 561-840-4824

 

 

VIDEO2.

RESOLUTION NO. 63-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY FLORIDA APPROVING THE 2021 JULY 4TH  FIREWORKS DISPLAY CONTRACT; AND PROVIDING AN EFFECTIVE DATE.

 

RICHARD BLANKENSHIP, DIRECTOR OF PARKS & RECREATION, 561-845-4070

 

VIDEO3.

RESOLUTION NUMBER 65-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT IN THE CASE OF MAGDALA DESORMEAUX V. THE CITY OF RIVIERA BEACH AND MALCOLM A. SCARLETT, CASE NO.: 502019CA002414XXXXXMB; AUTHORIZING GALLAGHER BASSETT TO MAKE PAYMENT IN THE AMOUNT OF ONE HUNDRED AND TWENTY FIVE THOUSAND DOLLARS ($125,000.00) AS FULL AND FINAL SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

DAWN S. WYNN, CITY ATTORNEY, 561-845-4069

 

VIDEO4.

RESOLUTION NUMBER 71-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT BETWEEN THE CITY OF RIVIERA BEACH AND FLORIDA DEPARTMENT OF TRANSPORTATION FOR STREET LIGHT MAINTENANCE ON STATE ROADS WITHIN THE CITY OF RIVIERA BEACH IN THE AMOUNT OF $180,514.40 ANNUALLY; AND PROVIDING AN EFFECTIVE DATE.

TERRENCE BAILEY, CITY ENGINEER, 561-845-4080

 

COMMUNITY BENEFITS REQUESTS ON CONSENT

END OF CONSENT AGENDA

UNFINISHED BUSINESS
PETITIONS AND COMMUNICATIONS FOR FILING
AWARDS AND PRESENTATIONS
VIDEO5.

PRESENTATION ON THE RIVIERA BEACH EVENT CENTER, LLC FROM JOLINDA HERRING.

 

VIDEO6.

TOURISM MASTER PLAN

 

RIVIERA BEACH EVENT CENTER, LLC

 

 

PUBLIC HEARINGS
VIDEO7.

RESOLUTION 61-21 A RESOLUTION OF THE CITY COUNCIL OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING SITE PLAN APPLICATION (SP-21-05) FROM THE CITY OF RIVIERA BEACH TO ALLOW FOR THE CONSTRUCTION OF A TEMPORARY FIRE STATION FACILITY INCLUDING A 2,880 SQUARE FOOT TEMPORARY FIRE STATION 87, A 4,000 SQUARE FOOT APPARATUS BAY AND A 3,192 SQUARE FOOT STORAGE BUILDING WITH ASSOCIATED LANDSCAPING AND PARKING ON PROPERTY KNOWN AS 601 BLUE HERON, IDENTIFIED BY PARCEL CONTROL NUMBER 56-43-42-28-25-029-0000, HAVING A RECREATIONAL (REC) FUTURE LAND USE DESIGNATION AND A COMMUNITY FACILITIES (CF) ZONING DESIGNATION, PROVIDING FOR CONDITIONS OF APPROVAL, AND PROVIDING FOR AN EFFECTIVE DATE.

 

CLARENCE SIRMONS, DIRECTOR OF DEVELOPMENTAL SERVICES, 561-845-4060

 

 

ORDINANCES ON SECOND AND FINAL READING
VIDEO8.

ORDINANCE 4172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, REPEALING CHAPTER 2, “ADMINISTRATION”, ARTICLE IV, “CODE ENFORCEMENT”, DIVISION 2, “CODE ENFORCEMENT BOARD AND SPECIAL MAGISTRATE”; CREATING CHAPTER 2, “ADMINISTRATION”, ARTICLE IV, “CODE ENFORCEMENT”, DIVISION 2, “CODE COMPLIANCE”; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND AN EFFECTIVE DATE.

 

CLARENCE SIRMONS, DIRECTOR, DEVELOPMENT SERVICES (561) 845-4062

 

 

VIDEO9.

ORDINANCE 4164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11, NUISANCES, BY CREATING A NEW ARTICLE VII TO BE ENTITLED “CHRONIC NUISANCE PROPERTY” ESTABLISHING A PROCEDURE TO ADDRESS PROPERTIES THAT CHRONICALLY OVER BURDEN THE POLICE DEPARTMENT AND CODE COMPLIANCE DIVISION WITH NUISANCE ACTIVITIES; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

NATHAN OSGOOD, CHIEF OF POLICE  561-841-4130

 

 

ORDINANCES ON FIRST READING
10.

PRESENTATION OF THE CITY'S AUDIT FOR 2018/2019.

 

FINANCE DIRECTOR, RANDY SHERMAN, 561-845-4041

 

 

Removed
VIDEO11.

ORDINANCE 4173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES AT CHAPTER 2 TO ESTABLISH THE OFFICE OF INDEPENDENT AUDITOR; PROVIDING FOR POWERS AND DUTIES OF THE AUDITOR; CREATING AN AUDIT COMMITTEE AND ESTABLISHING SUCH POWERS AND DUTIES OF THE COMMITTEE; REQUIRING AN AUDIT PLAN AND ANNUAL REPORT FROM THE AUDITOR; PROVIDING THE AUDITOR ACCESS TO CITY STAFF, RECORDS AND PROPERTY; REQUIRING PEER REVIEWS OF THE INDEPENDENT AUDITOR’S OFFICE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

ELENA GEORGIEV, INTERNAL AUDITOR, 561-385-6711

 

COMMENTS FROM THE PUBLIC - 7:30 PM Non-Agenda Item Speakers (Three Minute Limitation)

Please be reminded the City Council has adopted "Rules of Decorum Governing Public Conduct during Official Meetings" which has been posted at the front desk. 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 7:30 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 7:30 PM, then comments from the public shall begin immediately after the item has been concluded.

Any person who would like to speak, during public comments, please fill out a public comment card located at the front desk and give it to the staff before the public comments section is announced.

ITEMS TABLED
REGULAR
VIDEO12.

RESOLUTION NUMBER 72-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING A CHANGE ORDER TO ADVANCED MODULAR STRUCTURES INC., OF POMPANO BEACH, FLORIDA TO UPGRADE THE PLANNED APPARATUS STORAGE COVERING IN THE AMOUNT OF $190,000; 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 PROJECT NUMBER 21010; AND PROVIDING AN EFFECTIVE DATE.

 

TERRENCE BAILEY, CITY ENGINEER, 561-845-4080

 

VIDEO13.

RESOLUTION NUMBER 70-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING A CHANGE ORDER TO RANDOLPH CONSTRUCTION GROUP OF RIVIERA BEACH, FLORIDA, TO RENOVATE THE RIVIERA BEACH PUBLIC LIBRARY AND  EMPOWERMENT CENTER’S CAFE IN THE AMOUNT OF ONE HUNDRED FORTY FOUR THOUSAND EIGHT EIGHT DOLLARS AND THIRTY THREE CENTS ($144,088.33); 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 PROJECT NUMBER 21010; AND PROVIDING AN EFFECTIVE DATE.

 

TERRENCE BAILEY, CITY ENGINEER, 561-845-4080

 

VIDEO14.

RESOLUTION NUMBER 69-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING A CHANGE ORDER WITH BROTHERS CONSTRUCTION OF STUART, FLORIDA AND ERDMAN ANTHONY OF WEST PALM BEACH, FLORIDA FOR COSTS ASSOCIATED WITH REDESIGN OF THE GRAND BAHAMA BRIDGE AND ASSOCIATED CONSTRUCTION OVERSIGHT SERVICES IN THE AMOUNT OF $1,070,503.39 AND $202,000 RESPECTIVELY; 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 PROJECT NUMBER 18097 AND PROVIDING AN EFFECTIVE DATE.

TERRENCE BAILEY, CITY ENGINEER, 561-845-4080

 

VIDEO15.

RESOLUTION NO. 52-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, ACCEPTING THE RECOMMENDATION OF STAFF AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CONTINUING SERVICES CONTRACTS TO PROVIDE PROFESSIONAL MARINE/COASTAL ENGINEERING CONSULTING SERVICES WITH EACH OF THE TOP THREE RANKED FIRMS, SEA DIVERSIFIED, INC. OF DELRAY BEACH, FLORIDA CUMMINS CEDERBERG, INC. OF JUPITER, FLORIDA, AND EDGEWATER RESOURCES, LLC OF POMPANO BEACH, FLORIDA COMMENCING JUNE 3, 2021 AND ENDING JUNE 2, 2024 WITH RENEWAL OPTIONS FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS; AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENTS FROM THE APPROPRIATE OPERATING ACCOUNTS; AND PROVIDING AN EFFECTIVE DATE.

 

RANDY M. SHERMAN, DIRECTOR OF FINANCE & ADMINISTRATIVE SERVICES 561-845-4040

 

 

16.

RESOLUTION NUMBER 67-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, ACCEPTING THE RECOMMENDATION OF STAFF AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROFESSIONAL SERVICES CONTINUING CONTRACTS TO PROVIDE PROFESSIONAL LEGAL SERVICES WITH EACH OF THE TOP FIVE RANKED FIRMS, BALLARD SPAHR, LLP/GREENSPOON/MARDER, LLP,  CARLTON FIELDS-FASKEN, WEISS SEROTA HELFMAN COLE + BIERMAN, BRYANT MILLER OLIVE, HAWKINS DELAFIELD & WOODS (UTILITY), COMMENCING JUNE 23, 2021 AND ENDING JUNE 22, 2024 WITH RENEWAL OPTIONS FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS; AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENTS FROM THE APPROPRIATE OPERATING ACCOUNTS; AND PROVIDING AN EFFECTIVE DATE. 

 

ALTHEA PEMSEL, DIRECTOR OF PROCUREMENT, 561-845-4180

 

 

Removed
VIDEO17.

RESOLUTION 22-21 A RESOLUTION OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, ADOPTING SPECIAL EVENT FEES, AND PROVIDING FOR AN EFFECTIVE DATE. 

 

MARSHA NOEL, ASSISTANT TO THE CITY MANAGER, 561-812-6599

 

VIDEO18.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WITH EXTRA DUTY SOLUTIONS FOR THE ADMINISTRATION OF EXTRA DUTY DETAILS; APPROVING EXTRA DUTY DETAIL RATES AND FEES; AND PROVIDING AN EFFECTIVE DATE. 

 

NATHAN OSGOOD, CHIEF OF POLICE  561-845-4130

 

 

DISCUSSION AND DELIBERATION
DISCUSSION BY CITY MANAGER
DISCUSSION BY CITY ATTORNEY
CITY COUNCIL COMMITTEE REPORTS
STATEMENTS BY THE MAYOR AND CITY COUNCIL
ADJOURNMENT