CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, December 14, 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
Rabbi Zev Roth of Yeshiva Toras Chaim
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
5.1.Melonie Burke - Governmental and Community Liaison from the Office of Mayor Daniella Levine Cava
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 November 16, 2021 (Andrise Bernard, CMC, City Clerk)
9.2.Resolution No. R2021-122 for the Purchase of a New Combination Jet/Vacuum Sewer Cleaner Truck (Andrea Suarez Abastida, 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 VAC-CON, INC. FOR THE PURCHASE OF A COMBINATION JET/VACUUM SEWER CLEANER TRUCK IN AN ESTIMATED BUDGETED NOT TO EXCEED AMOUNT OF $416,071.

9.3.Resolution No. R2021-123 - Approving Piggyback Contract for Electronic Supplies to Rexel USA, Inc. (Andrea Suarez Abastida, 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 REXEL USA, INC., FOR THE PURCHASE OF ALLEN BRADLEY PARTS & SERVICE AND ROCKWELL AUTOMATION EQUIPMENT IN AN ESTIMATED BUDGETED AMOUNT OF $80,000.

9.4.Resolution No. R2021-124 Installation of Transit Shelters, Amenities & Outdoor Equipment ITB-21-072-MC (Judeen Johnson, Public Works Director)

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-21-072-MC – “TRANSIT SHELTER, AMENITIES & OUTDOOR EQUIPMENT INSTALLATION”; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TECHGROUPONE, INC., AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ESTIMATED AMOUNT NOT TO EXCEED $131,660; AND PROVIDING FOR AN EFFECTIVE DATE.

9.5.Resolution No. R2021-125 Proposed Instrumentation Improvements Via SCADA Systems (Andrea Suarez Abastida, 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 REVERE CONTROL SYSTEMS INC., FOR THE PURCHASE OF THE SCADA SYSTEM SERVICES IN AN ESTIMATED BUDGETED AMOUNT OF $94,430.00.

9.6.Resolution No. R2021-126 DLIS ARPA Computer Aided Design Grant (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 AMERICAN RESCUE PLAN ACT (ARPA) GRANT FUNDS IN THE AMOUNT OF $63,136.00 FROM THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FLORIDA FOR COMPUTER AIDED DESIGN CLASSSES IN PARTNERSHIP WITH MIAMI-DADE COLLEGE; 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.

9.7.Resolution No. R 2021-127 DLIS ARPA MDC Collaboration Grant (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 AMERICAN RESCUE PLAN ACT (ARPA) GRANT FUNDS IN THE AMOUNT OF $52,432.00 FROM THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FLORIDA FOR EDUCATIONAL CLASSSES IN PARTNERSHIP WITH MIAMI-DADE COLLEGE; 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.

9.8.Resolution R2021-128 - Accept Grant Funds FL DEO - (Andrea Suarez Abastida, 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 ACCEPT GRANT FUNDS FROM THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, (“DEO”) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID AGREEMENT WITH THE DEO 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 EFFECTIEVE DATE.

9.9.Resolution No. R2021-129 Purchase of Computer Hardware, Software, and other Equipment from CDW Government, LLC (Ricardo Castillo, Chief Information Officer)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO UTILIZE THE NATIONAL IPA CONTRACT #2018011-01 FOR THE PURCHASE OF COMPUTER HARDWARE, SOFTWARE AND OTHER EQUIPMENT FOR CITY DEPARTMENT  OPERATIONS FROM CDW GOVERNMENT, LLC IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) FOR FY 2021-22; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE AND ALL OTHER PURPOSES.

9.10.Resolution No. R2021-134 Department of Justice - Law Enforcement Mental Health and Wellness Act Grant (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 ACCEPT THE LAW ENFORCEMENT MENTAL HEALTH WELLNESS ACT (LEMHWA) GRANT FUNDS IN THE AMOUNT OF $125,000.00 PER YEAR FOR TWO YEARS FROM THE DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR USE TOWARDS SALARY AND BENEFITS FOR FULLTIME MENTAL HEALTH WELLNESS AND POLICY ADMINISTRATOR; AND AUTHORIZING THE CITY MANAGER O DESIGNEE TO DO ALL THINGS NECESSRY IN FURTHERANCE OF ACCEPTANCE OF THE GRANT FUNDS; PROVIDING FOR AN EFFECTIVE DATE.

9.11.Resolution No. R2021-135 Office of Attorney General Victim of Crimes Act (VOCA) Grant (Richard Rand, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, OFFICE OF THE ATTORNEY GENERAL (OAG), AS THE PASS-THROUGH AGENCY FOR THE VICTIMS OF CRIME ACT (VOCA) PROGRAM, ACCEPTING GRANT FUNDS IN THE AMOUNT OF $119,371.00 FOR FY 2021-2022  FOR USE TOWARDS THE SALARY AND BENEFITS OF THE CITY’S VICTIMS ADVOCATE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT AND PROVIDING FOR AN EFFECTIVE DATE.

10.QUASI-JUDICIAL
10.1.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.Ordinance No. 2021-10 (Second and Final 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.

11.2.Ordinance No. 2021-12 (Second and Final 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.

11.3.Ordinance No. 2021-13 (Second and Final Reading) Prohibiting Employees to Serve on Certain Boards (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 EXCEPT FOR BOARDS, COMMITTEES, COMMISSIONS THAT REQUIRED EMPLOYEE MEMBERSHIP BY LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

11.4.Ordinance No. 2021-14 (Second and Final Reading) Requiring the Automatic Removal of Members Convicted of a Felony During Service on Boards (Commissioner Fortuna Smukler)

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 2-32.4 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.

11.5.Ordinance No. 2021-15 (First Reading) Amending Chapter XIX Water and Sewer Relating to 10% Water Conservation Surcharge (Andrea Suarez Abastida, Director of NMB Water)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH (NMB), AMENDING CHAPTER XIX, ENTITLED “WATER AND SEWERS” OF THE CITY CODE OF ORDINANCES, SPECIFICALLY AMENDING SECTION 19-24, ENTITLED “EMERGENCY WATER CONSERVATION RATES” TO REVISE THE SECTION TITLE AND TO PROVIDE FOR ECONOMIC INCENTIVES FOR WATER CONSERVATION TO CLARIFY THE CONTINUED IMPOSITION OF A 10% SURCHARGE, ON WATER CONSUMPTION THAT EXCEEDS PER MONTH WATER USAGE BY NMB WATER CUSTOMERS, EFFECTIVE RETROACTIVELY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.6.Resolution No. R2021-130 To Study the Feasibility of Extending the Trolley Bus Service Route to Golden Glades Multimodal Transportation Center, Jackson North Memorial Hospital, and Aventura Mall (Commissioner Fortuna Smukler and Vice Mayor 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 DETERMINE THE FEASIBILITY OF EXTENDING THE NORTH MIAMI BEACH TROLLEY SERVICE BUS ROUTE TO INCLUDE ROUTES TO GOLDEN GLADES MULTIMODAL TRANSPORTION CENTER, JACKSON NORTH MEMORIAL HOSPITAL; AND AVENTURA MALL; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.7.Resolution No. R2021-131 Authorizing the City Manager or Designee to Seek Affordable Housing Proposal for Property located at NE 174 Drive in North Miami Beach with the Folio No. 07-2112-012-0260 (Commissioner McKenzie Fleurimond)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SEEK AFFORDABLE HOUSING PROPOSALS FOR THE REDEVELOPMENT OF THE VACANT PROPERTY LOCATED ON NE 174TH DRIVE IN NORTH MIAMI BEACH WITH THE FOLIO NO. 07-2112-012-0260; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.8.Resolution No. R2021-132 Purchase of Computer Hardware, Software, and other Peripherals from SHI International Corporation (Ricardo Castillo, Chief Information Officer)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE UTILIZATION OF THE NATIONAL IPA CONTRACT #2018011, FOR THE PURCHASE OF COMPUTER HARDWARE, SOFTWARE AND OTHER PERIPHERALS FOR CITY DEPARTMENT OPERATIONS FROM SHI INTERNATIONAL CORPORATION FOR AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND ($500,000) DOLLARS ANNUALLY AS ALLOCATED IN CITY DEPARTMENT DURING ANNUAL BUDGET PROCESS FOR THE DURATION OF THE CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE PURCHASES; AND PROVIDING AN EFFECTIVE DATE AND ALL OTHER PURPOSES.

11.9.Resolution No. R2021-133 Freebee Pilot Project (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 NEGOTIATE AND EXECUTE AN AGREEMENT WITH BEEFREE LLC D/B/A/ FREEBEE TO PROVIDE ON-DEMAND FREE TRANSPORTATION SERVICES TO THE RESIDENTS OF NORTH MIAMI BEACH; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS
13.1.Appointing Commissioner Smukler as Vice Mayor effective December 17, 2021 (Mayor and Commissioners)
Per Code of Ordinances Chapter II, Article 2-2 – Vice Mayor.
13.2.Reappointment of Donard St Jean to the Planning and Zoning Board (Andrise Bernard, CMC City Clerk)
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.Pension Office (Commissioner Barbara Kramer)
15.2.Sanitation Services (Commissioner Barbara Kramer)
16.CITY MANAGER'S REPORT- None
17.CITY ATTORNEY'S REPORT
17.1.FAA Litigation
18.MAYOR'S DISCUSSION
19.CITY COMMISSION REPORTS
20.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, January 18, 2022
21.ADJOURNMENT