REGULAR CITY COUNCIL MEETING
AGENDA
MARINA EVENT CENTER - 190 E. 13TH STREET
RIVIERA BEACH, FL 33404
October 20, 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
VIDEO1.JULY 10, 2021 CITY COUNCIL WORKSHOP MINUTES
VIDEO2.JULY 15, 2021 CITY COUNCIL WORKSHOP MINUTES
VIDEO3.

AUGUST 30, 2021 CITY COUNCIL WORKSHOP MINUTES

VIDEO4.AUGUST 31, 2021 CITY COUNCIL WORKSHOP MINUTES
VIDEO5.SEPTEMBER 2, 2021 CITY COUNCIL WORKSHOP MINUTES
VIDEO6.

SEPTEMBER 15, 2021 CITY COUNCIL MEETING MINUTES

 

CLAUDENE ANTHONY, CITY CLERK, 561-845-4090

 

 

RESOLUTIONS
VIDEO7.

RESOLUTION NUMBER 109-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING FIRE RESCUE TO EXECUTE A 3 YEAR SERVICE AGREEMENT WITH STRYKER EMERGENCY CARE FOR THE PURPOSES OF REPAIR AND MAINTENANCE OF FIRE DEPARTMENT OWNED STRETCHERS, THEIR LOADING SYSTEMS AND STAIR CHAIRS FROM ACCOUNT NUMBER 10120102-531000; AND PROVIDING AN EFFECTIVE DATE.

 

JOHN CURD, FIRE CHIEF, 561-845-4104

 

VIDEO8.

RESOLUTION NUMBER 122-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE JOB CLASSIFICATION LISTS BY CREATING, RECLASSIFYING, ADDING OR DELETING CERTAIN CLASSIFIED AND UNCLASSIFIED POSITIONS PURSUANT TO THE 2021-2022 FISCAL BUDGET; PROVIDING FOR IMPLEMENTATION; EFFECTIVE OCTOBER 1, 2021.

 

DR. BARBARA ORISIO, HUMAN RESOURCES DIRECTOR, 561-840-4880

 

VIDEO9.

RESOLUTION  NUMBER 87-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING EXECUTION OF AMENDMENT 001 TO THE EXISTING PALM BEACH COUNTY CDBG AGREEMENT (R2019-1765) FOR THE 26th COURT IMPROVEMENTS FROM AVENUE M TO WEST 27TH STREET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT AMENDMENT; AND PROVIDING AN EFFECTIVE DATE.

 

TERRENCE BAILEY, P.E., CITY ENGINEER, 561-845-4080

 

VIDEO10.

RESOLUTION NUMBER 123-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, TO ACCEPT THE VICTIMS OF CRIME ACT (VOCA) GRANT NO. VOCA-2021-CITY OF RIVIERA BEACH POL-00676 FOR THE VICTIM ADVOCATE PROGRAM AWARDING FUNDS IN THE AMOUNT NOT TO EXCEED $253,816.00, FROM OCTOBER 1, 2021, THROUGH SEPTEMBER 30, 2022, TO CONTINUE WITH CRISIS RESPONSE SERVICES FOCUSING IN AREAS OF HOMICIDE, DOMESTIC VIOLENCE, CHILD DEATHS, AND ELDERLY VICTIMIZATION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTIFICATE OF ACCEPTANCE OF THE GRANT AWARD; AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO SET UP THE BUDGET IN FUND 226; AND PROVIDING AN EFFECTIVE DATE.

 

NATHAN OSGOOD, CHIEF OF POLICE, 561-845-4170

 


END OF CONSENT AGENDA

BOARD APPOINTMENTS
VIDEO11.

GENERAL EMPLOYEES CIVIL SERVICE BOARD APPOINTMENT

 

BARBARA ORISIO, HUMAN RESOURCES DIRECTOR, 561-840-4880

 

 

UNFINISHED BUSINESS
PETITIONS AND COMMUNICATIONS FOR FILING
AWARDS AND PRESENTATIONS
12.

PRESENTATION ON INTERIM BUDGET REPORTS

 

RANDY SHERMAN, DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES, 561-845-4040

 

Removed
13.

FIRE RESCUE DEMOGRAPHICS AND DIVERSITY IN HIRING PRESENTATION

 

JOHN CURD, FIRE CHIEF, 561-845-4104

 

PUBLIC HEARINGS
ORDINANCES ON SECOND AND FINAL READING
VIDEO14.

ORDINANCE NO. 4132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE CITY’S ADOPTED COMPREHENSIVE PLAN BASED ON   EVALUATION   AND APPRAISAL   REVIEW   IN ORDER TO PROVIDE CONSISTENCY WITH CURRENT STATUTORY   REQUIREMENTS PER SECTION 163.3191(4), FLORIDA STATUTES, INCLUDING, BUT NOT LIMITED TO, DELETING ANY AND ALL REFERENCES TO RULE 9J-5; FLORIDA ADMINISTRATIVE CODE, AS  PROVIDED WITHIN ALL ELEMENTS OF THE COMPREHENSIVE PLAN, MORE SPECIFICALLY THE FUTURE LAND USE ELEMENT AND COASTAL   MANAGEMENT ELEMENT, AND   TO ADDRESS PERIL OF FLOOD PRINCIPLES PER SECTION 163.3178(2)(F), FLORIDA STATUTES;   PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

CLARENCE SIRMONS, AICP, DIRECTOR OF DEVELOPMENT SERVICES, 561-845-4062

 

VIDEO15.

ORDINANCE NO. 4186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE POWERS AND DUTIES OF THE CITY MANAGER TO INCREASE THE CITY MANAGER’S AUTHORITY TO AWARD AND SIGN CONTRACTS TO $50,000 PROVIDED FUNDING FOR THE CONTRACT HAS BEEN APRPROVED AS PART OF THE ANNUAL BUDGET; DELETING EMERGENCY PURCHASE PROVISION FOR CITY MANAGER IN CHAPTER 2; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

AND

 

ORDINANCE NO. 4190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 16.5, PROCUREMENT CODE, ARTICLE III. SOURCE SELECTION AND CONTRACT FORMATION, DIVISION 1. METHODS OF SOURCE SELECTION SECTION 16.5-61, COMPETITIVE SEALED BIDDING, TO REQUIRE THAT ALL CONTRACTS EXCEEDING $50,000 BE AWARDED BY COMPETITIVE SEALED BIDDING; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

 

ELIZABETH MCBRIDE, DEPUTY CITY MANAGER, 561-812-6590

 

 

VIDEO16.

ORDINANCE NUMBER 4185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE APPLICATION (LU-21-05) FROM THE CITY OF RIVIERA BEACH REQUESTING A FUTURE LAND USE MAP AMENDMENT FROM A INDUSTRIAL (IND) DESIGNATION TO A COMMUNITY FACILITIES DESIGNATION FOR PROPERTY KNOWN AS 2129 NORTH CONGRESS AVE, IDENTIFIED BY PARCEL CONTROL NUMBER 56-43-42-30-16-000-0080, FOR THE NEW LIBRARY FACILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

CLARENCE SIRMONS, AICP, DIRECTOR OF DEVELOPMENT SERVICES, 561-845-4060

 

VIDEO17.

ORDINANCE NUMBER 4184  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING ZONING MAP AMENDMENT (ZA-21-05) FROM THE CITY OF RIVIERA BEACH REQUESTING A ZONING MAP AMENDMENT FROM AN INDUSTRIAL PUD (I-PUD) DISTRICT DESIGNATION TO A “CF” COMMUNITY FACILITIES DISTRICT DESIGNATION FOR PROPERTY KNOWN AS 2129 NORTH CONGRESS AVE, IDENTIFIED BY PARCEL CONTROL NUMBER 56-43-42-30-16-000-0080, FOR THE NEW LIBRARY FACILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  

 

CLARENCE SIRMONS, AICP, DIRECTOR OF DEVELOPMENT SERVICES, 561-845-4060

 

VIDEO18.

ORDINANCE 4181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE APPLICATION (ZA-21-02) FROM BERKELEY LANDING LTD. REQUESTING A ZONING MAP AMENDMENT FROM A DOWNTOWN RESIDENTIAL (DR) DISTRICT DESIGNATION TO A DOWNTOWN GENERAL (DG) DISTRICT DESIGNATION FOR APPROXIMATELY 2.23 ACRES (97,740 SQUARE FEET) OF THE PROPERTY KNOWN AS 3100 BROADWAY, IDENTIFIED BY PARCEL CONTROL NUMBER 56-43-42-28-00-002-0020; PROVIDING FOR SEVERABILITY, REPEAL OF LAWS IN CONFLICT, AND CODIFICATION;  AND PROVIDING FOR AN EFFECTIVE DATE.

 

CLARENCE SIRMONS, AICP, DIRECTOR OF DEVELOPMENT SERVICES, 561-845-4060

 

 

VIDEO19.

ORDINANCE 4183  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE APPLICATION (LU-21-04) FROM THE CITY OF RIVIERA BEACH REQUESTING A FUTURE LAND USE MAP AMENDMENT FROM A COMMERCIAL DESIGNATION TO A COMMUNITY FACILITIES DESIGNATION FOR 1.96 ACRES OF PROPERTY KNOWN AS 1920 WEST BLUE HERON, IDENTIFIED BY PARCEL CONTROL NUMBER 56-43-42-30-25-001-0000; AND PROVIDING FOR AN EFFECTIVE DATE.

 

CLARENCE SIRMONS, AICP, DIRECTOR OF DEVELOPMENT SERVICES, 561-845-4060

 

 

 

VIDEO20.

ORDINANCE 4182  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE APPLICATION (ZA-21-04) FROM THE CITY OF RIVIERA BEACH REQUESTING A ZONING MAP AMENDMENT FROM AN “CG” GENERAL COMMERCIAL DISTRICT DESIGNATION TO A “CF” COMMUNITY FACILITIES DISTRICT DESIGNATION FOR APPROXIMATELY 1.96 ACRES OF PROPERTY KNOWN AS 1920 WEST BLUE HERON, IDENTIFIED BY PARCEL CONTROL NUMBER 56-43-42-30-25-001-0000; AND PROVIDING FOR AN EFFECTIVE DATE.

 

CLARENCE SIRMONS, AICP, DIRECTOR OF DEVELOPMENT SERVICES, 561-845-4060

 

VIDEO21.

ORDINANCE 4178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 13 OF THE CITY’S CODE OF ORDINANCES ENTITLED, “PARKS AND RECREATION”, REPEALING ARTICLE III, “BOATS”; CREATING ARTICLE III, “BOATS, FLOATING STRUCTURES, LIVE-ABOARD VESSELS AND OTHER WATERCRAFT”; PROVIDING FOR APPLICABILITY, SEVERABILITY, REPEAL OF LAWS IN CONFLICT, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

 

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

 

 

ORDINANCES ON FIRST READING
VIDEO22.

ORDINANCE 4179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, REPEALING AND REPLACING SECTION 29-66, “RELOCATION AND USE OF PUBLIC RIGHTS-OF-WAY” OF CHAPTER 29, “STREETS AND SIDEWALKS”, ARTICLE II, DIVISION 2, OF THE CITY’S CODE OF ORDINANCES IN ORDER TO CHANGE THE TITLE OF THE SECTION; INSERTING PURPOSE, INTENT AND DEFINITIONS; PROVIDING FOR A PROCESS FOR THE ABANDONMENT OF PUBLIC RIGHTS-OF-WAYS; CLARIFYING CRITERIA FOR RELOCATION OF RIGHTS-OF-WAY; PROVIDING FOR SEVERABILITY, PRESERVATION, CONFLICTS, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

 

CLARENCE SIRMONS, AICP, DIRECTOR OF DEVELOPMENT SERVICES, 561-845-4060

 

 

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
VIDEO23.

RESOLUTION 113-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT OF ATTORNEY’S FEES AND COSTS IN CASE NO. 9:18-CV-81285, LADI MARCH GOLDWIRE V. CITY OF RIVIERA BEACH; AUTHORIZING GALLAGHER BASSETT TO MAKE PAYMENT IN THE AMOUNT OF TWO HUNDRED FIFTY FIVE THOUSAND DOLLARS ($255,000.00) AS FULL AND FINAL SETTLEMENT OF ATTORNEY’S FEES AND COSTS; AND PROVIDING AN EFFECTIVE DATE.

 

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

 

24.

RESOLUTION NUMBER 103-21 OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO DESMAN, INC. TO PROVIDE PARKING CONSULTANT SERVICES FOR THE CITY OF RIVIERA BEACH MARINA DISTRICT AND THE OCEAN MALL, PROJECT NUMBER 18064 IN AN AMOUNT NOT TO EXCEED $200,000 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE.

 

RANDY SHERMAN, DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES, 561-845-4040

 

Removed
VIDEO25.

RESOLUTION NO. 104-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO COMMENCE A COMPETITIVE SOLICITATION PROCESS FOR THE SELECTION OF A MASTER DEVELOPER FOR PROPERTIES, INCLUDING BUT NOT LIMITED TO, PROPERTIES LOCATED AT 600 AND 601 WEST BLUE HERON BOULEVARD, AND 2251 AND 1715 BROADWAY (“DEVELOPMENT FOOTPRINT’)  FOR THE CONSTRUCTION OF A NEW MUNICIPAL COMPLEX, THE CITY LIBRARY, AN EMERGENCY OPERATION CENTER, FIRE AND POLICE FACILITIES, WELLS RECREATION AND WELLNESS FACILITY, AND SUCH MIXED USE AS MAY BE APPROVED BY THE CITY COUNCIL, CONSISTENT WITH “REIMAGINE RIVIERA BEACH”; PROVIDING FOR PRE-DEVELOPMENT COSTS AND EXPENSES IN AN AMOUNT NOT TO EXCEED $1,500,000; AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO MAKE PAYMENT FOR SAME; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

 

ELIZABETH MCBRIDE, DEPUTY CITY MANAGER, 561-812-6590

 

VIDEO26.

RESOLUTION 108-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING A SITE PLAN APPLICATION FROM SEVEN KINGS HOLDINGS, INC. (SP-16-18) TO BUILD AND OPERATE A 4,482 SQUARE FOOT RESTAURANT, ON A VACANT PARCEL OF LAND, APPROXIMATELY 0.35 ACRE, IDENTIFIED BY PARCEL CONTROL NUMBER 56-43-42-28-00-003-0090, LOCATED ON THE NORTH SIDE OF BLUE HERON BOULEVARD AND EAST OF LAKE SHORE DRIVE, WITHIN THE DOWNTOWN GENERAL ZONING DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE.

 

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

 

 

DISCUSSION AND DELIBERATION
27.

CITY MANAGER EVALUATION

 

DR. BARBARA ORISIO, HUMAN RESOURCES DIRECTOR, 561-840-4880

 

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