CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, April 20, 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 Paule Villard

Commissioner McKenzie Fleurimond

Commissioner Daniela Jean

Commissioner Michael Joseph

Commissioner Barbara Kramer

Commissioner Fortuna Smukler

 

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
Pastor Ariel Vasquez (3rd Day Church)
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 March 16, 2021 (Andrise Bernard, CMC, City Clerk)
9.2.Regular Commission Meeting Minutes of March 25, 2021 (Andrise Bernard, CMC, City Clerk)
9.3.Special Commission Meeting Minutes of April 5, 2021 (Andrise Bernard, CMC, City Clerk)
9.4.Resolution No. R2021-32 Authorizing Appropriation Request from LETF Accounts (Richard Rand, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE EXPENDITURE TOTALING AN AMOUNT NOT TO EXCEED $205,000.00 FROM THE FEDERAL JUSTICE LAW ENFORCEMENT TRUST FUND FOR RDS/FIELD FORCE EQUIPMENT, LED FLASHLIGHTS, CANINE (K-9) NARCOTICS, TRAINING AND EQUIPMENT, EMERGENCY OPERATIONS CENTER INFRASTRUCTURE UPGRADE, AND REPORT AND DOCUMENTATION SOFTWARE; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE TOTAL BUDGETED, ESTIMATED AMOUNT OF $205,000.00; AND PROVIDING AN EFFECTIVE DATE.

 

9.5.Resolution No. R2021-33 Acceptance of the Office of the Attorney General VOCA Grant Funds (Richard Rand, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, OFFICE OF THE ATTORNEY GENERAL, AS THE PASS-THROUGH AGENCY FOR THE VICTIMS OF CRIME ACT (VOCA) PROGRAM; ACCEPTING ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $78,714.00 FOR A TOTAL AMOUNT OF $119,371.00 FOR USE TOWARDS THE SALARY AND BENEFITS OF THE CITY’S VICTIMS ADVOCATE; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AMENDMENT AND IMPLEMENT THE TERMS; AND PROVIDING AN EFFECTIVE DATE.

9.6.Resolution No. R2021-34 Award of ITB-21-006-SG for NMB Police Department Restroom Renovations (Richard Rand, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE AWARD OF INVITATION TO BID NO. ITB-21-006-SG – “NMB  POLICE DEPARTMENT RESTROOM RENOVATIONS”; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FLORIDA PALM CONSTRUCTION, INC., AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ESTIMATED AMOUNT NOT TO EXCEED $162,140.00; AND PROVIDING FOR AN EFFECTIVE DATE.

9.7.Resolution No. R2021-35 FDEP Grant (LPQ0024) Acceptance for NE 19th Ave. Business Dist. Sewer System (Jafeth Baez, P.E., Director of NMB Water)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE GRANT WORK PLAN AGREEMENT (THE "AGREEMENT") BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF NORTH MIAMI BEACH FOR LPQ0024-GRANT; ACCEPTING THE GRANT FOR $40,000.00 FOR THE NORTH MIAMI BEACH NE 19TH AVE BUSINESS DISTRICT SANITARY SEWER SYSTEM; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF ACCEPTANCE OF THE GRANT FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

9.8.Resolution No. R2021-36 FDEP Grant (LPQ0025) Acceptance for Corona Del Mar Ph. II Sewer System (Jafeth Baez, P.E., Director of NMB Water)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE GRANT WORK PLAN AGREEMENT (THE "AGREEMENT") BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF NORTH MIAMI BEACH FOR LPQ0025-GRANT; ACCEPTING THE GRANT FOR $375,000.00 FOR THE NORTH MIAMI BEACH CORONA DEL MAR PHASE II – SEWER SYSTEM; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF ACCEPTANCE OF THE GRANT FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.

9.9.Resolution No. R2021-37 Purchase of Software Renewal Maintenance Package from Azteca Systems, LLC - Cityworks (Jafeth Baez, P.E., Director of NMB Water)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH AZTECA SYSTEMS, LLC FOR CITYWORKS SOFTWARE IN AN ESTIMATED BUDGETED NOT TO EXCEED AMOUNT OF $60,000.00.

9.10.Resolution No. R2021-38 Purchase and Installation of Uleta Gymnasium Floor (Andrew Plotkin, Parks and Recreation Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH TRIDENT SURFACING, INC., FOR THE PURCHASE AND INSTALLATION OF GYM FLOORING AT ULETA PARK IN AN ESTIMATED BUDGETED AMOUNT OF $128,213.00.

 

9.11.Approval of Supplemental Planning Services with Corradino Group, Inc.

Approval of additional $50,000.00 with Corradino Group, Inc., for Supplemental Planning Services

10.QUASI-JUDICIAL
10.1.Resolution No. R2021-39 Skygarden Site Plan (Edward Ng, MPP, MPL, AICP, Interim Planning and Zoning Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE SITE PLAN AND FOUR  RELATED VARIANCES FROM THE ZONING AND LAND DEVELOPMENT CODE (“CODE”) FOR THE CONSTRUCTION OF 448,653 SQUARE FOOT, NINETEEN STORY MIXED-USE DEVELOPMENT, CONSISTING OF 12,635 SQUARE FEET OF COMMERCIAL SPACE, 341 RESIDENTIAL UNITS, AND 405 PARKING SPACES; GRANTING A VARIANCE FROM SECTION FROM SECTION 24-58(S)(3)(a) TO PERMIT A ZERO FOOT TOWER SETBACK FROM THE PODIUM, WHERE THE CODE REQUIRES A MINIMUM SETBACK OF FIFTEEN (15) FEET;  GRANTING A VARIANCE FROM SECTION 24-58(K)(2)(b)(i) TO PERMIT ALL LEVELS OF THE GARAGE TO BE SCREENED BY A DECORATIVE STRUCTURE, WHERE THE CODE REQUIRES A LINER BUILDING CONTAINING A MINIMUM DEPTH OF TWENTY FEET OF HABITABLE SPACE; GRANTING A VARIANCE FROM SECTION 24-58(S)(1)(n) TO PERMIT 740 SQUARE FEET CUMULATIVE AVERAGE OF ALL DWELLING UNITS WHERE THE CODE REQUIRES A MINIMUM OF 800 SQUARE FEET;  GRANTING A VARIANCE FROM SECTION 24-58.1(I)(1)(b) FIGURE MUTC-9 TO PERMIT A THREE FEET TEN INCHES WIDE SIDEWALK IN THE PUBLIC RIGHT OF WAY ALONG NE 19 AVENUE WHERE THE CODE REQUIRES A SIX  FEET WIDE CONTINUOUS SIDEWALK AS MEASURED FROM THE PROPERTY LINE ON A 0.856 ACRE PARCEL LOCATED AT 16300 NE 19 AVENUE, 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. 2021-01 (Second and Final 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. (Commissioner 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.

11.2.Ordinance No. 2020-12 (Second and Final Reading) Establishing Reimbursement of Officials in Ethics Matters (Commissioner Michael Joseph)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING ARTICLE X, “CODE OF ETHICS,” IN CHAPTER II, “STRUCTURE OF CITY GOVERNMENT,” OF THE CITY CODE OF ORDINANCES BY CREATING SECTION 2-80, “DEFENSE OF OFFICIALS IN ETHICS MATTERS”; PROVIDING FOR THE PAYMENT OF COSTS ASSOCIATED WITH THE DEFENSE OF OFFICIALS; ESTABLISHING PROCEDURES AND APPLICABILITY FOR SUCH DEFENSE; RESERVING FOR THE CITY CERTAIN RIGHTS AND IMMUNITIES; ALLOWING FOR THE RECOVERY OF LEGAL COSTS FOR MALICIOUS, FRIVOLOUS OR GROUNDLESS COMPLAINTS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

11.3.Resolution No. R2021-40 Covid Relief Gift Cards (Vice Mayor Paule Villard)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ALLOCATE $100,000.00 FOR THE PURCHASE OF 1000 PUBLIX GIFT CARDS VALUED AT $100.00 EACH TO BE ISSUED TO RESIDENTS OF NORTH MIAMI BEACH WHO HAVE EXPERIENCED FINANCIAL HARDSHIP AND FOOD INSECURITY AS A RESULT OF THE COVID-19 PANDEMIC; PROVIDING THE CITY MANAGER OR DESIGNEE WITH THE AUTHORITY TO DEVELOP A PROCESS TO REQUEST PROOF OF RESIDENCY BEFORE THE ISSUANCE OF A GIFT CARD TO ANY RESIDENT AND TO ENSURE THE ISSUANCE OF ONE GIFT CARD PER HOUSEHOLD; DIRECTING THE CITY MANAGER OR DESIGNEE TO DISTRIBUTE THE GIFT CARDS NO LATER THAN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS
13.1.Appointment of the City Manager (Mayor and Commissioners)
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.American Rescue Plan Act (Commissioner Michael Joseph)
15.2.Discussion on Naming Victory Pool "Kevin Simms Aquatic Center at Victory Pool" (Commissioner McKenzie Fleurimond)
15.3.Discussion on Advertising/Promoting City Events in the Name of the Entire Commission (Commissioner McKenzie Fleurimond)
15.4.Discussion on Residents Receiving Unwanted Emails from Elected Officials (Commissioner Fortuna Smukler)
16.CITY MANAGER'S REPORT- None
17.CITY ATTORNEY'S REPORT- None
18.MAYOR'S DISCUSSION
19.CITY COMMISSION REPORTS
20.NEXT REGULAR CITY COMMISSION MEETING
Thursday, April 22, 2021
21.ADJOURNMENT