CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, September 21, 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 Daniela Jean

Commissioner McKenzie Fleurimond

Commissioner Michael Joseph

Commissioner Barbara Kramer

Commissioner Fortuna Smukler

Commissioner Paule Villard


 

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
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
5.1.Proclamation Recognizing Childhood Cancer Awareness Month (Mayor Anthony F. DeFillipo)
5.2.Presentations by the IUPA Actuary
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.Special Commission Meeting Minutes of July 3, 2021 (Andrise Bernard, CMC, City Clerk)
9.2.Regular Commission Meeting Minutes of July 20, 2021 (Andrise Bernard, CMC, City Clerk)
9.3.Special Commission Meeting Minutes of August 17, 2021 (Andrise Bernard, CMC, City Clerk)
9.4.Regular Commission Meeting Minutes of August 17, 2021 (Andrise Bernard, CMC, City Clerk)
9.5.Special Commission Meeting Minutes of August 24, 2021 (Andrise Bernard, CMC, City Clerk)
9.6.Resolution No. R2021-90 Automated License Plate Reader (LPR) (Richard Rand, Chief of Police)

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 MILLENIUM PRODUCTS, INCORPORATED FOR THE PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE READERS IN AN ESTIMATED BUDGETED AMOUNT OF $244,819.

9.7.Resolution No. R2021-91 Authorizing Request For Information (RFI) for Above Ground and Underground Transit System (Commissioner Michael Joseph)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ISSUE A REQUEST FOR INFORMATION (“RFI”) ATTACHED HERETO IN SUBSTANTIALLY THE SAME FORM AS EXHIBIT “A” SEEKING INFORMATION FROM FIRMS TO IDENTIFY TRANSPORTATION SOLUTIONS TO ALLEVIATE TRAFFIC CONGESTION ON STATE ROAD 826 EAST FROM NW 2ND AVENUE TO NE 35TH AVENUE; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. 

9.8.Resolution No. R2021-92 Approving Intergovernmental Agreement for Traffic Engineering Functions Between Miami-Dade County and the City of North Miami Beach (Mayor and Commission)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERGOVERNMENTAL AGENCY AGREEMENT WITH MIAMI-DADE COUNTY IN SUBSTANTIALLY THE SAME FORM AS EXHIBIT “A” ATTACHED HERETO TO PERFORM TRAFFIC ENGINEERING FUNCTIONS TO PERMIT TRAFFIC CALMING DEVICES ON LOCAL STREETS; PROVIDING FOR AN EFFECTIVE DATE.

10.QUASI-JUDICIAL
10.1.Resolution No. R2021-93 Canal Park West Site Plan Request (Kent Walia, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, GRANTING SITE PLAN APPROVAL FOR THE DEVELOPMENT OF A TEN-STORY TOWER, CONSISTING OF 237,483 SQUARE FEET OF OFFICE SPACE, ON PROPERTY LOCATED AT 3227 NE 163 STREET, NORTH MIAMI BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT “A;” PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

10.2.Resolution No. R2021-94 Cookies MMD Conditional Use Request (Kent Walia, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, GRANTING CONDITIONAL USE APPROVAL IN ACCORDANCE WITH SECTION 24-175 OF THE NORTH MIAMI BEACH ZONING AND LAND DEVELOPMENT CODE FOR THE OPERATION OF A 3,878 SQUARE FOOT MEDICAL MARIJUANA DISPENSARY, AS PROPOSED ON PROPERTY ZONED B-2 GENERAL BUSINESS DISTRICT, LOCATED AT 17150 BISCAYNE BOULEVARD, NORTH MIAMI BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT “A”; PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

11.LEGISLATION
11.1.Resolution No. R2021-95 Body Worn Camera Program (Richard Rand, Chief of Police)

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 AXON ENTERPRISE, INC. TO PURCHASE BODY WORN CAMERAS, TASERS AND RELATED EQUIPMENT IN AN AMOUNT NOT TO EXCEED $1,082,727.77; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

11.2.Resolution No. R2021-96 American Rescue Plan Act (ARPA) (Arthur H. Sorey, III, City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ACCEPTING THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT (ARPA); APPROVING THE ALLOCATION OF AMERICAN RESCUE PLAN REVENUES IN THE AMOUNT OF TWENTY ONE MILLION, FIVE HUNDRED FIFTY-SEVEN THOUSAND, TWO HUNDRED AND FORTY-TWO DOLLARS  ($21,557,424.00) TOWARD CITY GRANT PROGRAMS AND REVENUE LOSSES; AUTHORIZING THE CITY MANAGER TO MAKE ADDITIONAL ALLOCATIONS IN AN AMOUNT NOT-TO-EXCEED TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00); AND FURTHER AUTHORIZING THE CITY MANAGER TO ESTABLISH PROGRAMS AND GUIDELINES, AS NEEDED, TO ENSURE THE TIMELY DISBURSEMENT OF GRANT FUNDS; PROVIDING FOR AN EFFECTIVE DATE AND ALL OTHER PURPOSES.

11.3.Resolution No. R2021-97 Authorizing the City Manager to Organize a Temporary Protected Status (TPS) Registration Drive With the Haitian Lawyers Association and Other Organizers (Commissioner Paule Villard and Commissioner Michael Joseph)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ORGANIZE A TEMPORARY PROTECTED STATUS (“TPS”) REGISTRATION DRIVE WITH THE HAITIAN LAWYERS ASSOCIATION (“HLA”) AND OTHER COMMUNITY ORGANIZATIONS NO LATER THAN NOVEMBER 15, 2021 RELATING TO THE RECENT EXTENSION OF TPS FOR HAITIAN NATIONALS IN THE UNITED STATES; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSEARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

11.4.Resolution No. R2021-98 Authorizing the City Manager to Appropriate Funds for the "WE CARE PROGRAM" for Fiscal Year 2021-22 (Commissioner Fortuna Smukler and Commissioner Michael Joseph)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE CERTAIN FUNDS TO THE “WE CARE PROGRAM” DURING THE FISCAL YEAR 2021-22 TO ASSIST IN THE PAYMENT OF WATER BILLS FOR RESIDENTS WHO ARE EXPERIENCING FINANCIAL DISTRESS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSEARY TO EFFECTUATE THIS RESOLUTION; 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)

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 (Second and Final 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.

11.7.Ordinance No. 2021-04 (Second and Final 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 (Second and Final 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 (Second and Final 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.

11.10.Ordinance No. 2021-07 (Second and Final Reading) Recertification of Engineering Reports

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XIV, “BUILDING AND HOUSING” OF THE CODE OF ORDINANCES, BY CREATING A NEW SECTION 14-1.30 “DELIVERY OF ENGINEERING REPORTS” TO ENHANCE REQUIREMENTS RELATED TO RECERTIFICATION OF BUILDINGS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND 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)
13.2.Appointing Rachelle Michel to the Commission on the Status of Women (Andrise Bernard, CMC, City Clerk)
13.3.Appointing A. Silver to the Commission on the Status of Women (Andrise Bernard, CMC, City Clerk)
13.4.Appointing Belkis Pimentel to the Commission on the Status of Women (Andrise Bernard, CMC, City Clerk)
13.5.Appointing Marcela Invernizzi as an Ex Officio Member to the Commission on the Status of Women (Andrise Bernard, CMC, City Clerk)
13.6.Appointing Donard St. Jean to the Economic Development Commission (Andrise Bernard, CMC, City Clerk)
13.7.Appointing Denisse Berrios to the Public Utilities 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)
15.2.Multicultural Festival (Cultural Fest on NE 19th Avenue) (Commissioner Barbara Kramer)
15.3.Community Policing (Commissioner McKenzie Fleurimond)
15.4.Constituent Aides (Commissioner Barbara Kramer)
15.5.Criminal Background Checks of Board Members and Resignation Upon Arrest or Arrest for Felony (Commissioner Fortuna Smukler)
15.6.Procedure on Promoting City Funded Events (Commissioner Fortuna Smukler)
15.7.Revival of Civil Service Board (Arthur H.Sorey, III, City Manager)
15.8.Implementing a Transportation Loop Within the Boundaries of the City of North Miami Beach (Commissioner Michael Joseph)
15.9.President Biden's Vaccine Mandate for Employers with more than 100 Employees (Arthur H. Sorey III, City Manager)
16.CITY MANAGER'S REPORT
16.1.Sister Cities International (Arthur H. Sorey, III, City Manager)
17.CITY ATTORNEY'S REPORT- None
18.MAYOR'S DISCUSSION
19.CITY COMMISSION REPORTS
20.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, October 19, 2021
21.ADJOURNMENT