CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, November 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 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
Reverend Njeri Wagana Hughes (All Nations Presbyterian 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 October 19, 2021 (Andrise Bernard, CMC, City Clerk)
9.2.Resolution No R2021-109 Citywide Grounds Maintenance Services

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-21-054-SG – “CITYWIDE GROUNDS MAINTENANCE SERVICES”; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, COCO TREE SERVICE, CORP. AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $657,000; AND PROVIDING FOR AN EFFECTIVE DATE.

9.3.Resolution No. R2021-112 State Aid Grant to Libraries (Edenia Hernandez, Library 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 ACCEPT GRANT FUNDS FROM THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES (“THE DIVISION”) FOR FISCAL YEAR 21/22; ATUHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID AGREEMENT WITH THE DIVISION ATTACHED HERETO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY IN FURTHERANCE OF ACCEPTANCE OF THE GRANT FUNDS; PROVIDING FOR AN EFFECTIVE DATE.

9.4.Resolution No. R2021-113 Purchase of Stem and Robotics Classes (Edenia Hernandez, Library Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A PURCHASE ORDER BETWEEN AUGMENTED INTELLIGENCE AND THE CITY OF NORTH MIAMI BEACH, FOR STEM AND ROBOTICS CLASSES AND AUTHORIZING THE CITY MANAGER TO EXPEND THE ESTIMATED NOT TO EXCEED EXPENDITURE OF $55,677.00.

9.5.Resolution No. R2021-114 Enterprise Vehicle Agreement (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 ENTERPRISE RENTAL VEHICLES, INCORPORATED FOR THE PROCUREMENT OF RENTAL VEHICLES ESTIMATED BUDGETED AMOUNT OF $95,655.

9.6.Resolution No. R2021-115 Fiscal Year 2021 Final Budget Amendment (Marcia Fennell, Finance Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA APPROVING A BUDGET AMENDMENT TO THE ANNUAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2020 TO SEPTEMBER 30, 2021, FOR VARIOUS FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.

9.7.Resolution No. R2021-116 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 $135,000.00 FROM THE FEDERAL JUSTICE LAW ENFORCEMENT TRUST FUND AND THE STATE LAW ENFORCEMENT TRUST FUND TO FUND THE HOLIDAY TASK FORCE IN THE AMOUNT OF $60,000, FIREARMS TRAINING AMMUNITION IN THE AMOUNT OF $65,000 AND PURCHASING TOYS FOR UNDERPRIVILEGED CHILDREN DURING THE HOLIDAY SEASON IN THE AMOUNT OF $10,000; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE TOTAL BUDGETED, ESTIMATED AMOUNT OF $135,000.00; AND PROVIDING AN EFFECTIVE DATE.

9.8.Resolution No. R2021-120 Interlocal Agreement for Bus Shelters with Miami Dade County

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY IN SUBSTANTIALLY THE SAME FORM AS EXHIBIT “A” FOR THE PURCHASE AND CONSTRUCTION OF BUS SHELTERS AND TO PURCHASE A TRANSIT TROLLEY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

10.QUASI-JUDICIAL LEGISLATION - None
11.LEGISLATION
11.1.Ordinance No. 2021-08 (Second and Final Reading) Amending the Retirement Plan for Police Officers and Firefighters

AN ORDINANCE AMENDING THE RETIREMENT PLAN FOR POLICE OFFICERS AND FIREFIGHTERS OF THE CITY OF NORTH MIAMI BEACH, FLORIDA BY PROVIDING FOR COMPLIANCE WITH THE SECURE ACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.

11.2.Ordinance No. 2021- 09 (Second and Final Reading) Amending the Retirement Plan for General Employees By Providing for Compliance with the Secure Act

AN ORDINANCE AMENDING THE RETIREMENT PLAN FOR GENERAL EMPLOYEES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY PROVIDING FOR COMPLIANCE WITH THE SECURE ACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.

11.3.Ordinance No. 2021-11 (Second and Final Reading) Amending Chapter IX Entitled “Offenses And Miscellaneous Provisions” of the Code of Ordinances to Create a New Section Entitled “Film Permit Requirements” (Commissioner Fortuna Smukler)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, AMENDING CHAPTER IX ENTITLED “OFFENSES AND MISCELLANEOUS PROVISIONS” OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA TO CREATE A NEW SECTION ENTITLED “FILM PERMIT REQUIREMENTS”; PROVIDING FOR DEFINITIONS, PROVIDING APPLICABILITY; ESTABLISHING PERMIT REQUIREMENTS; PROVIDING NOTICE TO OWNERS; PROVIDING FOR PENALTIES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR APPEALS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.4.Ordinance No. 2021-10 (First Reading) Amendment to the Retirement Committee Membership Requirements Section

AN ORDINANCE AMENDING THE RETIREMENT PLAN FOR GENERAL EMPLOYEES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA BY PROVIDING FOR AN AMENDMENT TO THE RETIREMENT COMMITTEE MEMBERSHIP REQUIREMENTS SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.

11.5.Ordinance No. 2021-12 (First Reading) Site Plan Expiration Ordinance (Kent Walia, AICP, Director of Community Development)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH BY AMENDING CHAPTER XXIV, “ZONING AND LAND DEVELOPMENT,” ARTICLE XV “OTHER DEVELOPMENT REVIEW PROCEDURES,” SECTION 24-172, “SITE PLAN REVIEW,” SUBSECTION (I), “EXPIRATION” TO ESTABLISH THE REQUIREMENT THAT SITE PLAN APPROVAL EXPIRES TWELVE MONTHS FROM THE DATE OF APPROVAL UNLESS A MASTER BUILDING PERMIT IS ISSUED; AND AMENDING CHAPTER XXIV, “ZONING AND LAND DEVELOPMENT,” APPENDIX A “LAND DEVELOPMENT FEE SCHEDULE,” SUBSECTION (E)(3) “MISCELLANEOUS REQUESTS”; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.6.Ordinance No. 2021-13 (First Reading) Prohibiting Employees to Serve on Certain Boards and Requiring the Automatic Removal of Members Convicted of a Felony During Service on the Board (Commissioner Fortuna Smukler and City Manager Arthur H. Sorey III, City Manager)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING ARTICLE VII ENTITLED “BOARDS, COMMITTEES AND COMMISSIONS”;SPECIFICALLY AMENDING SECTION 2-32.1 TO PROHIBIT EMPLOYEES OF THE CITY OF NORTH MIAMI BEACH FROM SERVING ON CERTAIN BOARDS, COMMITTEES, AND COMMISSIONS; AND AMENDING SECTION 2-32.4 TO REQUIRE THE AUTOMATIC REMOVAL OF BOARD, COMMIITTEE, AND COMMISSION MEMBERS CONVICTED OF A FELONY DURING THE TIME OF SERVICE UNLESS SUCH MEMBERS DEMONSTRATE THE RESTORATION OF CIVIL RIGHTS BY THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

11.7.Resolution No. R2021-117 Joint Use Agreement to use the Field at Sabal Palm Elementary School (Commissioner Michael Joseph and Commissioner Fortuna Smukler)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A JOINT USE AGREEMENT IN SUBSTANTIAL THE SAME FORM AS EXHIBIT “A” WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR THE USE OF THE FIELD AND OUTDOOR AMENITIES AT SABAL PALM ELEMENTARY SCHOOL; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.8.Resolution No. R2021-118 Approving a Letter of Intent to Purchase Property located at 16501 N.E. 15th Avenue

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A LETTER OF INTENT (“LOI”) ATTACHED HERETO AS EXHIBIT “A” TO PROVIDE THE CITY MANAGER WITH THE AUTHORITY TO NEGOTIATE AND EXECUTE AN ASSIGNMENT AGREEMENT FOR PURCHASE OF THE PROPERTY LOCATED AT 16501 NE 15TH AVENUE, NORTH MIAMI BEACH AT A PRICE NOT TO EXCEED TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($2,250,000.00) TO CONSTRUCT A SENIOR CENTER; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

11.9.Resolution No. R2021-119 Sister Cities Relationships (Mayor Anthony DeFillipo)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ESTABLISHING SISTER CITY RELATIONSHIPS BETWEEN THE CITY OF NORTH MIAMI BEACH, FLORIDA AND ELEVEN MUNICIPALITIES ALSO KNOWN AS CANTONS IN THE COUNTRY OF ECUADOR; PROVIDING FOR EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS - None
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.Discussion Item Regarding the Vote for the Canal Park West Project at the September 21, 2021 City Commission Meeting (Commissioner Barbara Kramer)
15.2.Paid Parental Leave Ordinance (Vice Mayor Daniela Jean and Commissioner Fortuna Smukler)
15.3.Composition of Senior Citizens Advisory Committee - Residency Requirements (Commissioner Paule Villard)
15.4.Acquisition of Properties for the Expansion of Washington Park (Commissioner Michael Joseph)
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, December 14, 2021
21.ADJOURNMENT