| | | | | | | | |  | CITY OF NORTH MIAMI BEACH
City Hall, Commission Chambers, 2nd Floor
17011 NE 19th Avenue
North Miami Beach, FL 33162 Tuesday, June 20, 2023 6:00 PM |
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Because of COVID-19, and the need to ensure the public health, safety and welfare, this meeting will be conducted with social distancing. | | | |
| | | | | | | | | Mayor Vice Mayor Jay R. Chernoff Commissioner McKenzie Fleurimond Commissioner Daniela Jean Commissioner Michael Joseph Commissioner Phyllis S. Smith
Commissioner Fortuna Smukler
| City Manager Mario A. Diaz
Interim City Attorney John Herin
City Clerk Andrise Bernard, MMC |
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| | | | | | | | | Notice to All Lobbyists
Any person who receives compensation, remuneration or expenses for conducting lobbying activities is required to register as a Lobbyist with the City Clerk prior to engaging in lobbying activities before City Boards, Committees, or the City Commission. |
City Commission Meeting Agenda
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| | | | | | | | | 1. | ROLL CALL OF CITY OFFICIALS | | | | |
| | | | | | | | | 4. | REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA | | | | |
| | | | | | | | | 5. | PRESENTATIONS / DISCUSSIONS | | | | |
| | | | | | | | | | 5.1. | Recognizing Faith Wilpon as Library Citizen of the Year (Commissioner Phyllis S. Smith) | | | | | | | | | | | | | | | 5.2. | Public Services Administration (PSA) Building Renovations (Andrea Suarez-Abastida, Director of NMB Water) | | | | | | | | | | | | | | | 5.3. | Officer and Civilian of the Year Award (Harvette Smith, Chief of Police) | | | | | | | | Presentation of Officer of the Year and Civilian of the Year by the NMBPD. | | | | | | | 5.4. | North Miami Beach Solid Waste Presentation (David Scott, Interim Assistant City Manager/Public Works Director) | | | | | | | | | | | | | | | 5.5. | NMB Washington Park Community Center Project Update (David Scott, Interim Assistant City Manager/Public Works Director) | | | | | | | | | | | | | | | 5.6. | NMB Senior Center Project Update (David Scott, Interim Assistant City Manager/Public Works Director) | | | | | | | | | | | | |
| | | | | | | | | | To All Citizens Appearing Under Public Comment | | | |
| | | | | | | | | | The Commission has a rule which does not allow discussion on any matter which is brought up under Public Comment. We are, however, very happy to listen to you. The reason for this is that the Commission must have Staff input and prior knowledge as to the facts and figures, so that they can intelligently discuss a matter. The Commission may wish to ask questions regarding this matter, but will not be required to do so. At the next or subsequent Commission meeting you may have one of the Commissioners introduce your matter as his or her recommendation. We wish to thank you for taking the time to bring this matter to our attention. Under no circumstances will personal attacks, either from the public or from the dais, be tolerated. | | | |
| | | | | | | | | | Speaking Before the City Commission | | | |
| | | | | | | | | | There is a three (3) minute time limit for each speaker during public comment and a three (3) minute time limit for each speaker during all public hearings. Your cooperation is appreciated in observing the three (3) minute time limit policy. If you have a matter you would like to discuss which requires more than three (3) minutes, please feel free to arrange a meeting with the appropriate administrative or elected official. In the Commission Chambers, citizen participants are asked to come forward to the podium, give your name and address, and the name and address of the organization you are representing, if any. If you are speaking on a public hearing item, please speak only on the subject for discussion. Thank you very much, in advance, for your cooperation. | | | |
| | | | | | | | | | A resolution was adopted by the Mayor and City Commission of the City of North Miami Beach recognizing the importance of civility, decency, and respectful behavior in promoting citizen participation in a democratic government. The City of North Miami Beach calls upon all residents, employees, and elected officials to exercise civility toward each other. (Resolution Nos. R2007-57, 11/06/07 and R2011-22, 4/26/11) | | | |
| | | | | | | | | | Unattended Personal Items Notice | | | |
| | | | | | | | | | Please be advised that personal belongings and electronic devices cannot be left unattended. All unattended personal belongings and electronic devices will be confiscated. | | | |
| | | | | | | | | 8. | CITY COMMISSION REPORTS | | | | |
| | | | | | | | | | 9.1. | Regular City Commission Meeting Minutes of May 16, 2023 (Andrise Bernard, MMC, City Clerk) | | | | | | | | | | | | | | | 9.2. | Resolution No. R2023-43 Purchase of Additional Inspection Services for Business Tax Receipt from C.A.P. Government (Edward Ng, Interim Community Development Director) | | | | | | | | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN INCREASE IN EXPENDITURE WITH C.A.P. GOVERNMENT FOR BUSINESS LICENSE CONSULTING & FIELD SERVICES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. | | | | | | | 9.3. | Resolution No. R2023-44 Florida Digital Service Cybersecurity Grant (Ricardo Castillo, Chief Information Officer) | | | | | | | |
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT ONE (1) GRANT AWARD FROM FLORIDA DIGITAL SERVICE FOR LOCAL GOVERNMENT CYBERSECURITY GRANT TECHNICAL SERVICES; AND, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE AN AGREEMENT AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF ACCEPTANCE OF THE GRANT SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. | | | | | | | 9.4. | Resolution No. R2023-45 Second Amendment to License Agreement with Florida International University (FIU) (David Scott, Interim Assistant City Manager/Public Works Director) | | | | | | | | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING CITY STAFF TO ENTER INTO A SECOND AMENDMENT TO LICENSE AGREEMENT WITH THE FLORIDA INTERNATIONAL UNIVERSITY (FIU) FOR THE PURPOSE OF OPERATING A TRANSFER STATION; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
| | | | | | | 9.5. | Resolution No. R2023-46 U.S. Department of Transportation Safe Streets and Roads for All Discretionary Grant Program (David Scott, Interim Assistant City Manager/Public Works Director) | | | | | | | | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT AWARD FROM THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, SAFE STREETS AND ROADS FOR ALL (SS4A) DISCRETIONARY GRANT PROGRAM, FOR AN ACTION PLAN GRANT, IN AN ESTIMATED AMOUNT OF $200,000, WITH A $50,000 MATCH REQUIREMENT; AND, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE AN AGREEMENT AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF ACCEPTANCE OF THE GRANT FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. | | | | |
| | | | | | | | | 10. | QUASI-JUDICIAL LEGISLATION - None | | | | |
| | | | | | | | | | 11.1. | Ordinance No. 2022-11 (Second and Final Reading) Shopping Cart Regulations (Commissioner Fortuna Smukler) | | | | | | | | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER IX OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, TO CREATE A NEW SECTION ENTITLED “SHOPPING CART REGULATIONS” TO ESTABLISH GUIDELINES FOR THE RECOVERY OF STOLEN OR ABANDONED SHOPPING CARTS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. | | | | | | | | | | | | | | | 11.2. | Ordinance No. 2023-01 (Second and Final Reading) Moving Quorum and Ethical Duty to Remain at a Commission to Article X Code of Ethics | | | | | | | | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING CHAPTER II “STRUCTURE OF CITY GOVERNMENT,” ARTICLE I, “THE CITY COMMISSION,” SECTION 2-1.1 “MEETINGS OF THE CITY COMMISSION,” SUBSECTION (a), “QUORUM REQUIRED/ETHICAL DUTY TO REMAIN AT CITY COMMISSION MEETINGS,” BY DELETING THE REQUIREMENTS CONCERNING THE DUTY TO REMAIN AT CITY COMMISSION MEETINGS AND MOVING THE REQUIREMENTS TO ARTICLE X “CODE OF ETHICS” IN A NEWLY CREATED SECTION 2-79.14 ENTITLED “ETHICAL DUTY OF REMAIN AT CITY COMMISSION MEETINGS”; AUTHORIZING THE CITY CLERK TO TRANSMIT THE ORDINANCE TO THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST FOR ENFORCEMENT PURPOSES; PROVIDING FOR CONFLICTS, SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
| | | | | | | | | | | | | | | 11.3. | Ordinance No. 2023-02 (Second and Final Reading) Administrative Site Plan Process (Edward Ng, Interim Community Development Director) | | | | | | | | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING THE CITY OF NORTH MIAMI BEACH CODE BY AMENDING CHAPTER XXIV, ENTITLED “ZONING AND LAND DEVELOPMENT,” ARTICLE XV “OTHER DEVELOPMENT REVIEW PROCEDURES,” SECTION 24-172 “SITE PLAN REVIEW,” TO DELETE SUBSECTION (K) ENTITLED “LIMITED ADMINISTRATIVE AUTHORITY FOR SITE PLAN AMENDMENTS” AND CREATE A NEW SUBSECTION 24-172.1 ENTITLED “ADMINISTRATIVE SITE PLAN PROCESSES”; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. | | | | | | | | | | | | | | | 11.4. | Ordinance No. 2023-03 (Second and Final Reading) Sediment and Erosion Control (David Scott, Interim Assistant City Manager/Public Works Director) | | | | | | | | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XXIV ZONING AND LAND DEVELOPMENT ARTICLE XII ENVIRONMENTAL REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, TO CREATE A NEW SECTION 24-140 ENTITLED “SEDIMENT AND EROSION CONTROL” TO ESTABLISH SOIL EROSION AND SEDIMENTATION CONTROL AS AN ONGOING PRIORITY AND SHALL ESTABLISH SOIL EROSION AND SEDIMENTATION CONTROL FEES FOR MAINTENANCE AND REPAIR OF DRAINAGE STRUCTURES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. | | | | | | | | | | | | | | | 11.5. | Ordinance No. 2023-04 (Second and Final Reading) Sediment and Erosion Control Enforcement (David Scott, Interim Assistant City Manager/Public Works Director) | | | | | | | | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XVII STREETS AND SIDEWALKS OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, TO ESTABLISH SOIL EROSION AND SEDIMENTATION CONTROL AS AN ONGOING PRIORITY AND SHALL ESTABLISH SOIL EROSION AND SEDIMENTATION CONTROL ENFORCEMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. | | | | | | | | | | | | | | | 11.6. | Ordinance No. 2023-05 (Second and Final Reading) Illicit Discharge Disposal (David Scott, Interim Assistant City Manager/Public Works Director) | | | | | | | | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XX STORMWATER OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, TO CREATE A NEW SECTION 20-4 ENTITLED “ILLICIT DISCHARGE AND IMPROPER DISPOSAL” TO ESTABLISH METHODS FOR CONTROLLING THE INTRODUCTION OF POLLUTANTS INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TO COMPLY WITH REQUIREMENTS OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROCESS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. | | | | | | | | | | | | |
| | | | | | | | | 12. | BUSINESS TAX RECEIPTS - None | | | | |
| | | | | | | | | 14. | MISCELLANEOUS ITEMS - None | | | | |
| | | | | | | | | | 15.1. | Discussion Regarding Commission Members' Aides (Commissioner Phyllis Smith) | | | | | | | | | | | | | | | 15.2. | Discussion Regarding Procedure/Policy for City Events, Commissioner Names and Pictures on Social Media, Handouts/Flyers, Favors, etc. (Commissioner Fortuna Smukler) | | | | | | | | | | | | | | | 15.3. | Support to Not-for-Profit 501(C) (3) in the City (Commissioner Phyllis Smith | | | | | | | | | | | | | | | 15.4. | Discussion Regarding having a Forensic Audit (Commissioner Phyllis Smith) | | | | | | | | | | | | | | | 15.5. | How to Handle Common Expenses (Commissioner Phyllis Smith) | | | | | | | | | | | | |
| | | | | | | | | 17. | CITY ATTORNEY'S REPORT- None | | | | |
| | | | | | | | | 19. | CITY COMMISSION REPORTS | | | | |
| | | | | | | | | 20. | NEXT REGULAR CITY COMMISSION MEETING | | | | |
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