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

 

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
Pastor Ariel Vasquez (3rd Day Church)
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
5.1.Capital Improvement Plan Update (Gedel Merzius, Assistant City Manager)
A status update on the 5-Year Capital Improvement Plan.  
5.2.Haitian American Nurses Association (HANA) (Gedel Merzius, Assistant City Manager)
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 April 20, 2021 (Andrise Bernard, CMC, City Clerk)
9.2.Regular Commission Meeting Minutes of April 22, 2021 (Andrise Bernard, CMC, City Clerk)
9.3.Regular Commission Meeting Minutes of June 15, 2021 (Andrise Bernard, CMC, City Clerk)
9.4.Resolution No. R2021-67 Disaster Debris Removal and Hauling (Judeen Johnson, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH DRC EMERGENCY SERVICES, LLC, AS THE PRIMARY VENDOR, AND CROWDER-GULF JOINT VENTURE, INC., AS THE SECONDARY VENDOR, TO PROVIDE DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES PURSUANT TO REQUEST FOR PROPOSALS NO. 21-024-MC DISASTER DEBRIS REMOVAL AND HAULING; AND PROVIDING FOR AN EFFECTIVE DATE.

9.5.Resolution No. R2021-68 Purchase and Installation of Artificial Turf at Patricia A. Mishcon Park (Andrew Plotkin, Park and Recreation Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE PURCHASE AND INSTALLATION OF ARTIFICIAL TURF FOR THE PATRICIA A. MISCHON PARK ATHLETIC FIELDS AT THE ESTIMATED COST OF $1,920,000; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH FIELDTURF USA, INC. TO PROVIDE SAME; AND PROVIDING FOR AN EFFECTIVE DATE.

9.6.Resolution No. R2021-69 Purchase of Sodium Hydroxide Change Order (Samuel Zamacona, Interim NMB Water Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A CHANGE ORDER BETWEEN THE CITY OF NORTH MIAMI BEACH AND ALLIED UNIVERSAL CORPORATION INCREASING THE ORIGINAL AMOUNT OF THE AGREEMENT FROM $188,666.00 TO $386,666.00 TO CONTINUE THE PURCHASE OF SODIUM HYDROXIDE FOR WATER TREATMENT SERVICES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE.

9.7.Resolution No. R2021-70 Hach Company Contract Change Order (Samuel Zamacona, Interim NMB Water Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A CHANGE ORDER, BETWEEN THE CITY OF NORTH MIAMI BEACH AND HACH COMPANY INCREASING THE ORIGINAL AMOUNT OF THE AGREEMENT BY $61,000.00 TO A REVISED TOTAL OF $108,000.00 TO CONTINUE TO PROVIDE THE GOODS/SERVICES AND COMPLIANCE MONITORING NEEDED IN THE WATER DEPARTMENT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CHANGE ORDER, AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE.

9.8.Resolution No. R2021-71 Purchase of Industrial Supplies from W.W. Grainger, Inc. (Samuel Zamacona, Interim NMB Water 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 W.W. GRAINGER, INC. FOR FACILITIES MAINTENANCE EQUIPMENT AND SUPPLIES IN AN ESTIMATED BUDGETED AMOUNT OF $150,000.00 WITH THE ABILITY TO RENEW THE AGREEMENT SUBJECT TO APPROVED BUDGET APPROPRIATION AND AVAILABILITY OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.

9.9.Resolution No. R2021-72 Welding and Fabrication Services from A to Z Metal Fabrication, Inc. (Samuel Zamacona, Interim NMB Water 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 A TO Z METAL FABRICATION FOR METAL FABRICATION AND WELDING SERVICES, INC. IN AN ESTIMATED ANNUAL BUDGETED AMOUNT OF $85,000.00 AND TO RENEW THE AGREEMENT SUBJECT TO APPROVED BUDGET APPROPRIATION AND AVAILABILITY OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE.

9.10.Resolution No. R2021-73 CNC Management Group - Change Order (Samuel Zamacona, Interim Director NMB Water)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A CHANGE ORDER IN THE AMOUNT OF $34,930.00 SUBMITTED BY CNC MANAGEMENT SERVICE GROUP, INC. RELATING TO THE LANDSCAPING MAINTENANCE SERVICES CONTRACT NORTH MIAM BEACH WATER FACILITIES; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. 

9.11.Resolution No. R2021-74 Approving and Authorizing an Agreement with Tyler Technologies for Tyler ExecuTime Software and the Biometric Time and Attendance System (Gil Sosa, Senior IT Manager)

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 TYLER TECHNOLOGIES FOR TYLER EXECUTIME SOFTWARE AND THE BIOMETRIC TIME AND ATTENDANCE SYSTEM IN AN AMOUNT NOT TO EXCEED $125,228.00; AND PROVIDING AN EFFECTIVE DATE.

9.12.Resolution No. R2021-75 Redesignating Victory Pool as the “Kevin R. Sims Aquatic Center at Victory Park” (Commissioner McKenzie Fleurimond)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, REDESIGNATING VICTORY POOL AS THE “KEVIN R. SIMS AQUATIC CENTER AT VICTORY PARK”; AUTHORIZING THE CITY MANAGER TO ERECT PROPER SIGNAGE AND TO DO ALL THINGS NECESSARY TO IMPLEMENT THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

9.13.Resolution No. R2021-76 Appointing Christopher Benjamin Esq. as Special Magistrate (Arthur H. Sorey, City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ACCEPTING, IN ACCORDANCE WITH SECTION 14-8 OF THE CITY’S CODE OF ORDINANCES, THE CITY MANAGER’S RECOMMENDATION TO APPOINT CHRISTOPHER BENJAMIN, ESQ. TO SERVE AS SPECIAL MAGISTRATE TO HEAR CODE VIOLATION MATTERS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY’S CODE OF ORDINANCES; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

10.QUASI-JUDICIAL LEGISLATION - None
11.LEGISLATION
11.1.Resolution No. R2021-77 Establishing the Proposed Millage Rate for Fiscal Year 2021 (Marcia Fennell, Finance Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE AT 6.2000 MILLS PER $1,000.00 OF TAXABLE ASSESSED VALUE WHICH IS 4.29% MORE THAN THE "ROLLED- BACK" RATE OF 5.9450 FOR FISCAL YEAR 2021/2022; ESTABLISHING A PROPOSED DEBT SERVICE MILLAGE RATE; AND SETTING THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY LAW; DIRECTING THE CITY CLERK AND CITY MANAGER TO TRANSMIT THIS RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY PURSUANT TO THE REQUIREMENTS OF SECTION 200.065, FLORIDA STATUTES, AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE FOR THE STATE OF FLORIDA; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.2.Resolution No. R2021-78 HANA Lease Agreement (Gedel Merzius, Assistant City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEM THE CITY OF NORTH MIAMI BEACH AND HAITIAN AMERICAN NURSES ASSOCIATION OF FLORIDA, INC. (“HANA”) TO LEASE SURPLUS PROPERTY TO PROVIDE SERVICES OF PUBLIC HEALTH, PUBLIC EDUCATION, SOCIAL AND COMMUNITY SERVICES TO RESIDENTS OF THE CITY OF NORTH MIAMI BEACH, ATTACHED HERETO AS EXHIBIT “A IN SUBSTANTIALLY THE SAME FORM; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE AGREEMENT; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

11.3.Resolution No. R2021-79 Standing in Solidary with the Cuban People (Commissioner Fortuna Smukler)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, EXPRESSING SOLIDARITY WITH THE CUBAN PEOPLE IN THEIR FIGHT FOR FREEDOM AND DEMOCRACY IN CUBA; CONDEMNING THE BRUTAL ATTACKS AGAINST PEACEFUL PROTESTERS IN CUBA; DIRECTING THE CITY CLERK TO SEND THIS RESOLUTION TO THE PRESIDENT OF THE UNITED STATES, FLORIDA U.S. SENATORS, SOUTH FLORIDA CONGRESSIONAL DELEGATION; MAYOR AND COMMISSIONERS OF MIAMI DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE.

11.4.Resolution No. R2021-80 Standing in Solidary with the Haitian People (Commissioner Fortuna Smukler)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, CONDEMINING THE ASSASSINATION OF HAITI PRESIDENT JOVENEL MOISE AND THE VICIOUS ATTACKS AGAINST HAITI’S FIRST LADY MARTINE MOISE; EXPRESSING SOLIDARITY WITH THE HAITIAN PEOPLE IN SUPPORT OF DEMOCRACY IN HAITI; DIRECTING THE CITY CLERK TO SEND THIS RESOLUTION TO THE PRESIDENT OF THE UNITED STATES, FLORIDA U.S. SENATORS, SOUTH FLORIDA CONGRESSIONAL DELEGATION, AND MAYOR AND COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE.

11.5.Ordinance No. 2021-02 (Second and Final Reading) Relating to Employee Running for Political Office (Vice Mayor Paule Villard) - Rolled Over From The Last Meeting

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.

11.6.Ordinance No. 2021-03 (First Reading) Chapter III Purchasing Ordinance Amendment - Local Business Preference and Local Hiring Requirements (Donna Rockfeld, Chief Procurement Officer) - Rolled Over From The Last Meeting

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.

11.7.Ordinance No. 2021-04 (First Reading) Prohibiting the Docking of Commercial Boats/Watercrafts in Residential Districts (Commissioner Fortuna Smukler)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XXIV OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY AMENDING SECTION 24-84, ENTITLED “BOATS, DOCKS AND PIERS” TO PROHIBIT THE DOCKING, PARKING, STORAGE OF COMMERCIAL BOATS AND WATERCRAFTS IN RESIDENTIAL DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.8.Ordinance No. 2021-05 (First Reading) Living Wage (Commissioner Michael Joseph)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER V OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY CREATING A NEW SECTION ENTITLED “LIVING WAGE REQUIREMENTS FOR CITY EMPLOYEES AND SERVICE CONTRACTS”; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

11.9.Ordinance No. 2021-06 (First Reading) Chapter IX Offenses and Miscellaneous Provisions - Creation of Code of Ordinances Section 9-37 entitled "Storm Shutter Regulations" (Kent Walia, Community Development Director)

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 “STORM SHUTTERS REGULATIONS” TO ESTABLISH GUIDELINES FOR THE PLACEMENT AND REMOVAL OF STORM SHUTTERS OR HURRICANE PROTECTION DEVICES SUBSEQUENT TO A HURRICANE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS
13.1.Appointing Commissioner Jean as Vice Mayor effective August 1, 2021 (Mayor and Commissioners)
Per Code of Ordinances Chapter II, Article 2-2 - Vice Mayor.
13.2.Appointing Evans St. Fort to the Commission on Aging / Senior Citizens Advisory Board (Andrise Bernard, CMC, City Clerk) - Rolled Over From The Last Meeting
13.3.Appointing Rachelle Michel to the Commission on the Status of Women (Andrise Bernard, CMC, City Clerk)
13.4.Appointing A. Silver to the Commission on the Status of Women (Andrise Bernard, CMC, City Clerk)
13.5.Appointing Belkis Pimentel to the Commission on the Status of Women (Andrise Bernard, CMC, City Clerk)
13.6.Appointing Marcela Invernizzi as an Ex Officio Member to the Commission on the Status of Women (Andrise Bernard, CMC, City Clerk)
13.7.Appointing Donard St. Jean to the Economic Development Commission (Andrise Bernard, CMC, City Clerk)
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.City Clerk's Contract Renewal (Andrise Bernard, CMC, City Clerk) - Rolled Over From The Last Meeting
15.2.Multicultural Festival (Cultural Fest on NE 19th Avenue) (Commissioner Barbara Kramer) - Rolled Over From The Last Meeting
15.3.Community Policing (Commissioner McKenzie Fleurimond) - Rolled Over From The Last Meeting
15.4.Constituent Aides (Commissioner Barbara Kramer) - Rolled Over From The Last Meeting
15.5.Criminal Background Checks of Board Members and Resignation Upon Arrest or Arrest for Felony (Commissioner Fortuna Smukler) - Rolled Over From The Last Meeting
15.6.Procedure on Promoting City Funded Events (Commissioner Fortuna Smukler) - Rolled Over From The Last Meeting
15.7.Revival of Civil Service Board (Arthur H.Sorey, III, City Manager)
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, August 17, 2021
21.ADJOURNMENT