CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Litman Performing Arts Theatre
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, March 16, 2021
6:00 PM



VIA VIRTUAL COMMUNICATIONS MEDIA TECHNOLOGY

Because of COVID-19, and the need to ensure the public health, safety and welfare, this meeting will be conducted with social distancing.

 

 

Mayor Anthony F. DeFillipo

Vice Mayor Michael Joseph

Commissioner McKenzie Fleurimond

Commissioner Daniela Jean

Commissioner Barbara Kramer

Commissioner Fortuna Smukler

Commissioner Paule Villard

Interim City Manager Horace McHugh

Interim City Attorney Hans Ottinot,
Ottinot Law, P.A.

City Clerk Andrise Bernard, CMC

 

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


1.ROLL CALL OF CITY OFFICIALS
2.INVOCATION
Chaplain Mark Rosenberg, North Miami Beach Police Department
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
6.PUBLIC COMMENT

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.

Pledge of Civility

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)

7.ANNOUNCEMENTS
8.CITY COMMISSION REPORTS
9.CONSENT AGENDA
9.1.Regular Commission Meeting Minutes of January 28, 2021 (Andrise Bernard, CMC, City Clerk)
9.2.Regular Commission Meeting Minutes of February 16, 2021 (Andrise Bernard, CMC, City Clerk)
9.3.Special Commission Meeting Minutes of February 22, 2021 (Andrise Bernard, CMC, City Clerk)
9.4.Resolution No. R2021-26 Awarding Bid #ITB-21-002-MC - Aerial Crossing Rehabilitation Project (Jafeth Baez, NMB Water Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE AWARD OF INVITATION TO BID ITB-21-002-MC – “AERIAL CROSSING REHABILITATION PROJECT” AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH RAZORBACK, LLC AND EXPEND A BUDGETED AMOUNT NOT TO EXCEED $267,080.00; AND PROVIDING FOR AN EFFECTIVE DATE.

 

9.5.Resolution No. R2021-27 Urging the Legislature to Support Home Rule for Local Municipalities (Mayor Anthony F. DeFillipo)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO SUPPORT HOME RULE FOR LOCAL MUNICIPALITIES AND COUNTIES; AUTHORIZING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO GOVERNOR DESANTIS, MEMBERS OF THE FLORIDA LEGISLATURE, THE FLORIDA LEAGUE OF CITIES, FLORIDA ASSOCIATION OF COUNTIES, BROWARD LEAGUE OF CITIES AND MIAMI-DADE LEAGUE OF CITIES; AND PROVIDING FOR AN EFFECTIVE DATE.

10.QUASI-JUDICIAL
10.1.Resolution No. R2021-21 "Pool Equipment Setback Variance" (Horace McHugh, Interim City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, CONSIDERING A VARIANCE FROM CHAPTER 24, ARTICLE VIII, SECTION 24-81(A)(5) OF THE CITY CODE OF ORDINANCES FOR THE PROPERTY LOCATED AT 1960 NE 180TH STREET, NORTH MIAMI BEACH, FLORIDA; PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

11.LEGISLATION
11.1.Ordinance No. 2020-10 (Second and Final Reading) - Mixed Use Phase II Comprehensive Plan Amendments (Horace McHugh, Interim City Manager)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA AMENDING THE CITY’S COMPREHENSIVE PLAN INCLUDING THE FUTURE LAND USE MAP, TEXT CHANGES TO THE FUTURE LAND USE; TO AMEND THE MIXED-USE NEIGHBORHOOD CENTER (MU/NC), TO PROVIDE FOR THE MIXED USE INTERNATIONAL BOULEVARD DISTRICT WEST (MU/IB-W), THE MIXED USE INTERNATIONAL BOULEVARD EAST DISTRICT (MU/IB-E) DISTRICTS; TO DELETE THE “MIXED USE: BUSINESS AND/OR RESIDENTIAL USE” FUTURE LAND USE CATEGORY; AMENDING THE FUTURE LAND USE MAP TO CHANGE THE FUTURE LAND USE DESIGNATION OF CERTAIN PROPERTY (AS PROVIDED FOR IN THE ATTACHED (EXHIBIT 1 AND EXHIBIT 2); AUTHORIZING TRANSMITTAL OF THESE ADOPTED AMENDMENTS TO THE AGENCIES REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

11.2.Ordinance No. 2020-11 (Second and Final Reading) - Mixed Use Phase II Zoning Text Amendments / Rezoning (Horace McHugh, Interim City Manager)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING THE  ZONING AND LAND DEVELOPMENT CODE OF THE NORTH MIAMI BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER XXIV “NORTH MIAMI BEACH ZONING AND LAND DEVELOPMENT CODE” ARTICLE V “ZONING USE DISTRICTS”; CREATING SECTION 24-58.8 TO ESTABLISH AND INCLUDE REGULATIONS FOR THE “MIXED-USE INTERNATIONAL BOULEVARD DISTRICT – WEST” AND “MIXED-USE INTERNATIONAL BOULEVARD DISTRICT – EAST”; AMENDING SECTION 24-58.3 TO EXPAND AND ESTABLISH REGULATIONS FOR “MIXED USE NEIGHBORHOOD CENTER DISTRICT (MU/NC)”; PROVIDING FOR DISTRICT REGULATIONS AND SUB AREA REGULATING PLANS, STREET NETWORK CONNECTIVITY REGULATING PLANS, DESIGNATED PUBLIC OPEN SPACES AND GREENWAY SYSTEMS REGULATING PLANS, AND BUILDING HEIGHT REGULATING PLANS FOR EACH MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP, REFERENCED IN SECTION 24-31 OF THE NORTH MIAMI BEACH CODE OF ORDINANCES,  TO RE-ZONE CERTAIN PROPERTY AND APPLY THE EXPANDED MIXED-USE DESIGNATIONS TO THOSE CERTAIN PROPERTIES (AS PROVIDED FOR IN THE ATTACHED EXHIBIT “A”); WHICH REPRESENTS AN AREA GREATER THAN FIVE (5%) OF THE TOTAL AREA OF THE CITY OF NORTH MIAMI BEACH; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE. 

11.3.Resolution No. R2021-28 Establishing a Policy for Granting City Proclamations (Commissioner McKenzie Fleurimond)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ESTABLISHING A POLICY FOR GRANTING CITY PROCLAMATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

11.4.Ordinance No. 2021-01 (First Reading) - Amending Section 2-1.4 of the City Code to Clarify that a Simple Majority Vote is Required to Call a Vote on a Matter unless a Super Majority Vote is Required under the City Charter. (Vice Mayor Michael Joseph)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING CHAPTER II OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ENTITLED “STRUCTURE OF THE CITY GOVERNMENT” BY SPECIFICALLY AMENDING SECTION 2-1.4 TO  CLARIFY THAT A  SIMPLE MAJORITY VOTE IS REQUIRED TO CALL A VOTE ON A MATTER UNLESS A SUPER MAJORITY VOTE IS REQUIRED UNDER THE CITY CHARTER; PROVIDING FOR SEVERABILITY; PROVIDING CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS
13.1.Appointing Commissioner Paule Villard as Vice Mayor effective April 1, 2021 (Mayor and Commissioners)

Per Code of Ordinances Chapter II, Article 2-2 – Vice Mayor.

13.2.Appointing Ketley Joachim to the Multi-Cultural Committee (Andrise Bernard, CMC, City Clerk)
13.3.Appointing Ketley Joachim to the Commission on the Status of Women (Andrise Bernard, CMC, City Clerk)
13.4.Appointing Rose Coriolan to the Commission on the Status of Women as an Ex-Officio member (Andrise Bernard, CMC, City Clerk)
13.5.Appointing Yosaif Arye Glixman to the Library Committee as an Ex-Officio member (Andrise Bernard, CMC, City Clerk)
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.Policy Condemning Conduct Unbecoming of a Board/Committee Member (Commissioner Fortuna Smukler)
15.2.Juneteenth Holiday (Vice Mayor Michael Joseph)
15.3.Additional CARES Act Funding (Vice Mayor Michael Joseph)
16.CITY MANAGER'S REPORT
16.1.Fiscal Year 2021 First Quarter Financial Report (Janette Smith, Chief Financial Officer)
17.CITY ATTORNEY'S REPORT- None
18.MAYOR'S DISCUSSION
19.CITY COMMISSION REPORTS
20.NEXT REGULAR CITY COMMISSION MEETING
Thursday, March 25, 2021
21.ADJOURNMENT