CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, January 18, 2022
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 A.D Lenoir, Westview Baptist 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 December 14, 2021 (Andrise Bernard, CMC, City Clerk)
9.2.Resolution No. R2022-02 Procurement of New Police Vehicles (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 BARTOW FORD FOR THE PURCHASE OF POLICE VEHICLES IN AN ESTIMATED BUDGETED AMOUNT OF $349,702.76

9.3.Resolution No. R2022-03 Procurement of Police Radios and Police Radio-Related Equipment (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 MIAMI-DADE COUNTY ITD RADIO COMMUNICATIONS FOR THE PURCHASE OF POLICE RADIOS AND POLICE RADIO RELATED EQUIPMENT IN AN ESTIMATED BUDGETED AMOUNT OF $66,863.50.

9.4.Resolution No. R2022-04 Appointment of Special Magistrate Gilbert Squires, Esq. (Kent Walia, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, REAPPOINTING GILBERT K. SQUIRES, ESQ., PURSUANT TO SECTION 14-8.13 OF THE CODE ORDINANCES, TO SERVE AS A 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 TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

9.5.Resolution No. R2022-05 Appointment of Special Magistrate Steven Rothstein, Esq. (Kent Walia, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, REAPPOINTING STEVEN H. ROTHSTEIN, ESQ., PURSUANT TO SECTION 14-8.13 OF THE CODE ORDINANCES, TO SERVE AS A 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 TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 

9.6.Resolution No. R2022-06 Office of Justice Programs Body Worn Camera Implementation Program Grant (Richard Rand, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE ACCEPTANCE OF A GRANT FOR THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT BODY WORN CAMERA PROGRAM IN THE AMOUNT OF $150,000.00 FROM THE OFFICE OF JUSTICE PROGRAMS (“OJP”) WITHIN THE U.S. DEPARTMENT OF JUSTICE; PROVIDING THE CITY MANAGER OR DESIGNEE WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.7.Resolution No. R2022-07 Allen Park DeLeonardis Youth Center Fitness Equipment (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 LIFE FITNESS, LLC. AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE ESTIMATED EXPENDITURE OF $97,127.14 AND PROVIDING FOR AN EFFECTIVE DATE.

9.8.Resolution No. R2022-08 Purchase of Master Water Storage Tank Cleaning & Repair Services (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 CROM LLC., FOR THE PURCHASE OF MASTER WATER STORAGE TANK CLEANING AND REPAIR SERVICES IN AN ESTIMATED BUDGETED AMOUNT OF $135,200.62

9.9.Resolution No. R2022-09 Purchase of Equipment Tool & Rental Services (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 SUNBELT RENTALS, INC., FOR THE PURCHASE EQUIPMENT TOOL AND RENTAL SERVICES IN AN ESTIMATED BUDGETED AMOUNT OF $55,500.00

9.10.Resolution No. R2022-10 Landscape Beautification Grant Agreement (Judeen Johnson, Director of Public Works)

A RESOLUTION OF THE COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ACCEPTING A FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY BEAUTIFICATION GRANT IN THE AMOUNT OF $99,095; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT ON BEHALF OF THE CITY; AUTHORIZING IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.11.Resolution No. R2022-11 Establishment of a Paid Parental Leave Policy (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 ESTABLISH A PAID PARENTAL LEAVE POLICY OF SIX (6) WEEKS FOR EMPLOYEES OF THE CITY OF NORTH MIAMI BEACH; 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.

9.12.Resolution No. R2022-12 Adopting New 401a Retirement Plan Benefits for Rehired Retirees (Francisco Rios, Director of Human Resources)

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 ENTER INTO AND EXECUTE AN AGREEMENT WITH MISSION SQUARE RETIREMENT, FORMERLY KNOWN AS ICMA-RC CORPORATION, TO CREATE A DEFINED CONTRIBUTION RETIREMENT PLAN FOR CERTAIN NMB WATER EMPLOYEES WHO WERE REHIRED BY THE CITY UPON THE TRANSITION OF PROVIDING WATER SERVICE IN-HOUSE; PROVIDING THE CITY MANAGER OR CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 

10.QUASI-JUDICIAL
10.1.Resolution No. R2022-13 Bali Residential Building 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, APPROVING THE SITE PLAN AND ONE NON-USE VARIANCE FROM THE ZONING AND LAND DEVELOPMENT CODE (“CODE”) FOR THE CONSTRUCTION OF 67,101 SQUARE FOOT, NINE-STORY MULTIFAMILY DEVELOPMENT, CONSISTING OF 58 DWELLING UNITS AND 63 PARKING SPACES; GRANTING A NON-USE VARIANCE FROM SECTION 24-58(S)(3)(a) TO PERMIT A ZERO FOOT TOWER SETBACK FROM THE PODIUM, WHERE THE CODE REQUIRES A MINIMUM SETBACK OF FIFTEEN (15) FEET ON A 0.287 ACRE PARCEL LOCATED AT 1904 NE 167 STREET, NORTH MIAMI BEACH, FLORIDA; PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

10.2.Resolution No. R2022-14 HR NMB Site Plan and Three Variances Request (Kent Walia, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE SITE PLAN AND THREE RELATED VARIANCES FROM THE ZONING AND LAND DEVELOPMENT CODE (“CODE”) FOR THE CONSTRUCTION OF 572,456 SQUARE FOOT, TWENTY-THREE STORY MIXED-USE DEVELOPMENT, CONSISTING OF A THIRTY UNIT HOTEL, 7,328 SQUARE FEET OF RETAIL SPACE, 334 RESIDENTIAL UNITS, AND 410 PARKING SPACES; AND GRANTING A VARIANCE FROM SECTION 24- 58.2(G) TABLE MU/EC-1 TO PERMIT A HOTEL ON A APPROXIMATELY 1.086 ACRE PARCEL, WHEREAS THE CODE REQUIRES A MINIMUM OF TWO (2) ACRES; AND GRANTING A VARIANCE FROM SECTION FROM SECTION 24-58(S)(3) FIGURE MU-8 TO PERMIT THE BUILDING TO HAVE A ZERO (0)-FOOT INTERIOR SIDE SETBACK FROM THE EAST PROPERTY LINE, WHERE THE CODE REQUIRES A MINIMUM OF THIRTY (30) FEET WHEN ABUTTING ZERO LOT LINES AND AN ALLEY IS NOT EXISTING OR PROPOSED; AND GRANTING A VARIANCE FROM SECTION FROM SECTION 24-58(S)(3) FIGURE MU-8 TO PERMIT TOWER AT ZERO (0)- FOOT SETBACK FROM THE PODIUM, WHERE THE CODE REQUIRES A MINIMUM SETBACK OF FIFTEEN (15) FEET; ON A 1.086 ACRE PARCEL LOCATED AT 2040 NE 163 STREET, NORTH MIAMI BEACH, FLORIDA; PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

10.3.Resolution No. R2022-15 Blackbird Coffee Site Plan Modification Request (Kent Walia, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION, CONDITIONAL USE, AND ONE RELATED VARIANCE FROM THE ZONING AND LAND DEVELOPMENT CODE FOR THE OPERATION OF A FAST FOOD RESTAURANT WITH DRIVE THRU WITHIN AN EXISTING 675 SQUARE FOOT BUILDING LOCATED AT 14200 BISCAYNE BOULEVARD; GRANTING A VARIANCE FROM SECTION 24-95 (B) TO PERMIT A TOTAL OF FIVE (5) PARKING SPACES, WHERE THE CODE REQUIRES A MINIMUM OF FOURTEEN (14) PARKING SPACES; PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

10.4.Resolution No. R2022-16 NE 146th Street Multi-Tenant Development Site Plan Modification Request (Kent Walia, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION FOR THE DEVELOPMENT OF A 8,000 SQUARE FOOT, ONE-STORY RETAIL BUILDING, WITHIN A 501,943 SQUARE FOOT PARCEL CONTAINING AN EXISTING 137,846 RETAIL BUILDING LOCATED AT 14585 BISCAYNE BOULEVARD; 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. 2021-15 (Second and Final 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.

11.2.Ordinance 2022-01 Moving Quorum and Ethical Duty to Remain at a Commission to Article X Code of Ethics (Commissioner Barbara Kramer)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING CHAPTER II “STRUCTURE OF CITY GOVERNMENT,” ARTICLE I, “THE CITY COMMISSION,” SECTION 2-1.1 “MEETINGS OF THE CITY COMMISSISSION,” SUBECTION (a), “QUORUM REQUIRED/ETHICAL DUTY TO REMAIN AT CITY COMMISSION MEETINGS,” BY DELETING THE REQUIREMENTS CONCERNING THE DUTY TO REMAIN AT CITY COMMISSION MEETINGS AND MOVING THE REQUIREMENTS  TO ARTICLE X “CODE OF ETHICS” IN A NEWLY CREATED SECTION 2-79.14 ENTITLED “ETHICAL DUTY OF REMAIN AT CITY COMMISSION MEETINGS”; AUTHORIZING THE CITY CLERK TO TRANSMIT THE ORDINANCE TO THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST FOR ENFORCEMENT PURPOSES; PROVIDING FOR CONFLICTS, SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 
 

11.3.Resolution No. R2022-17 Joining Opioid Litigation (Mayor and City Commission)

A RESOLUTION OF THE COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF NORTH MIAMI BEACH TO JOIN WITH THE STATE OF FLORIDA AND OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPANT IN THE FLORIDA MEMORANDUM OF UNDERSTANDING AND FORMAL AGREEMENTS IMPLEMENTING A UNIFIED PLAN RELATING TO THE OPIOID LITIGATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING AND RELATED AGREEMENTS; PROVIDING INSTRUCTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS
13.1.Appointing Stanley Brown to the Eastern Shores First Addition Security Guard Special Taxing District (ESFASGSTD) Board (Andrise Bernard, CMC, City Clerk)
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.Transportation (Arthur H. Sorey, III, City Manager)
15.2.Resolution No. 2022-18 Establishment of a Tuition Reimbursement Policy (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 EXPAND THE CITY’S TUITION REIMBURSEMENT PROGRAM TO INCLUDE PART-TIME EMPLOYEES; 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.

15.3.Censure Commissioner Paule Villard for Misrepresenting Herself as Vice Mayor (Commissioner Barbara Kramer)
15.4.Censure Commissioner Paule Villard for Failing to Comply with City Ordinance 2016-9 (Commissioner Barbara Kramer)
15.5.Censure Commissioner McKenzie Fleurimond for Failing to Comply with City Ordinance 2016-9 (Commissioner Barbara Kramer)
15.6.Civil Service (Vice Mayor 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, February 15, 2022
21.ADJOURNMENT