CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, June 15, 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

 

City Manager Arthur H. Sorey III

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
Reverend Evorn Burke (Oak Grove Missionary Baptist Church)
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
5.1.Comprehensive Annual Financial Report for the Year Ended September 30, 2020 (Marcia Fennell, Finance Director)
5.2.Fiscal Year 2021 Second Quarter Financial Report, Revised (Marcia Fennell, Finance Director)
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 May 18. 2021 (Andrise Bernard, CMC, City Clerk)
9.2.Resolution No. R2021-53 Conversion of Eastern Shores 35th Avenue Guardhouse Staffing to Security Officers (Horace McHugh, Assistant City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CONVERSION OF STAFFING OF THE EASTERN SHORES 35th AVENUE GUARDHOUSE FROM CERTIFIED LAW ENFORCEMENT PERSONNEL TO SECURITY GUARDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE APPROPRIATE STEPS TO IMPLEMENT THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.3.Resolution No. R2021-59 LSTA Grant Agreement Update (Edenia Hernandez, Director of NMB Library)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE AMENDMENT OF THE STATE AID GRANT AGREEMENT 20-LSTA-B-14 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH AND THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR ACCEPTANCE OF THE STATE AID; AND PROVIDING FOR EFFECTIVE DATE.

9.4.Resolution No. R2021-60 Insurance Benefits of Elected Officials (Francisco Rios, Director of Human Resources)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE DIRECT PAYMENTS FOR INSURANCE BENEFITS OF ELECTED OFFICIALS PURSUANT TO SECTION 2.3 OF THE CITY CHARTER; DIRECTING CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.5.Resolution No. R2021-61 Purchase and Installation of Sod for Fulford and Uleta Park from Mullings Engineering Services, LLC (Andrew Plotkin, Director of Parks and Recreation)

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 MULLINGS ENGINEERING SERVICES – LANDSCAPING DIVISION, INC, FOR FIELD RENOVATION SERVICES INCLUDING TOPSOIL REMOVAL, EARTHWORK AND THE PURCHASE AND INSTALLATION OF SOD AT FULFORD AND ULETA PARK IN AN ESTIMATED BUDGETED AMOUNT OF $75,810. 

9.6.Resolution No. R2021-62 Ratification of Change Order to NE 183rd Street Bike Lane Project (Judeen Johnson, Director of Public Works)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RATIFYING A CHANGE ORDER FOR CONTINENTAL CONSTRUCTION COMPANY (“CONTINENTAL”) IN THE AMOUNT OF $101,967.15 FOR ADDITIONAL WORK TO COMPLETE THE NORTHEAST 183RD STREET WATERMAIN AND BIKE LANE PROJECT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.7.Resolution No. R2021-63 Purchase of Diesel Pumps from Xylem Dewatering Solutions, Inc. (Samuel Zamacona, Interim 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 XYLEM DEWATERING SOLUTIONS, FOR BYPASS PUMPS FOR WASTEWATER PUMP STATIONS; IN AN ESTIMATED BUDGETED AMOUNT OF $104,082.00.

10.QUASI-JUDICIAL
10.1.Resolution No. R2021-64 Aura Site Plan Modification (Edward Ng, MMP. 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 MODIFICATION, SUBMITTED BY TRINSIC ACQUISITION COMPANY LLC, PURSUANT TO SECTIONS 3.12 AND 13 OF THE  DEVELOPMENT AGREEMENT RECORDED IN OR BK 30628, PG, 3272-3353 AND CITY CODE SECTION 24-172 FOR THE DEVELOPMENT OF A 624,636 SQUARE FOOT, EIGHT-STORY MIXED-USE DEVELOPMENT, CONSISTING OF 17,000 SQUARE FEET OF RETAIL SPACE, UP TO 375 RESIDENTIAL DWELLING UNITS, AND 567 PARKING SPACES  ON A ±2.90- ACRE PARCEL OF LAND LOCATED AT 16955, 17005, 17017, 17035 AND 17071 WEST DIXIE HIGHWAY, NORTH MIAMI BEACH, FLORIDA; PROVIDING FOR FINDINGS OF FACT; PROVIDING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

11.LEGISLATION
11.1.Resolution No. R2021-65 Amendment to the City Manager's Employment Contract (Arthur H. Sorey III, City Manager)
11.2.Resolution No. R2021-66 Small Business Support Program (Commissioner Daniela Jean)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DEVELOP A SMALL BUSINESSES SUPPORT PROGRAM IN THE CITY OF NORTH MIAMI BEACH WHICH WILL PROVIDE SMALL BUSINESSES ACCESS TO EDUCATION, CAPITAL AND BUSINESS SUPPORT SERVICES; DIRECTING THE CITY MANAGER TO CREATE A MONTHLY RECOGNITION PROGRAM FOR SMALL BUSINESSES IN THE CITY OF NORTH MIAMI BEACH; AND PROVIDING FOR AN EFFECTIVE DATE.

11.3.Ordinance No. 2021-03 (First Reading) Chapter III Purchasing Ordinance Amendment - Local Business Preference and Local Hiring Requirements (Donna Rockfeld, Chief Procurement Officer)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING THE CITY OF NORTH MIAMI BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER III ENTITLED “PURCHASING,” SECTION 3-4 ENTITLED “MISCELLANEOUS PROVISIONS,” CREATING A NEW SECTION 3-4.13, ENTITLED “LOCAL BUSINESS PREFERENCE AND LOCAL HIRING REQUIREMENTS IN CITY CONTRACTS,” AND AMENDING SECTION 3-3.15 ENTITLED “AWARD OF THE BIDS; LOCAL PREFERENCE” PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE.

11.4.Ordinance No. 2021-02 (Second and Final Reading) Relating to Employee Running for Political Office (Vice Mayor Paule Villard)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING CHAPTER V OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ENTITLED “HUMAN RESOURCES (PERSONNEL)” BY SPECIFICALLY CREATING A NEW SECTION ENTITLED “EMPLOYEE RUNNING FOR POLITICAL OFFICE”; PROVIDING FOR THE RESIGNATION FROM CITY EMPLOYMENT IF AN EMPLOYEE QUALIFIES TO RUN FOR MAYOR OR CITY COMMISSIONER OF THE CITY OF NORTH MIAMI BEACH; PROVIDING FOR THE RESIGNATION FROM CITY EMPLOYMENT IF AN EMPLOYEE IS ELECTED TO ANY OTHER POLITICAL OFFICE; PROVIDING FOR SEVERABILITY; PROVIDING CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS
13.1.Appointing Evans St. Fort to the Commission on Aging / Senior Citizens Advisory Board (Andrise Bernard, CMC, City Clerk)
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.City Clerk's Contract Renewal (Andrise Bernard, CMC, City Clerk)
15.2.Multicultural Festival (Cultural Fest on NE 19 Avenue) (Commissioner Barbara Kramer)
15.3.Community Policing (Commissioner McKenzie Fleurimond)
15.4.Constituent Aides (Commissioner Barbara Kramer)
15.5.Procedure on Promoting City Funded Events (Commissioner Fortuna Smukler)
15.6.Criminal Background Checks of Board Members and Resignation Upon Arrest or Arrest for Felony (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
Tuesday, July 20, 2021
21.ADJOURNMENT