CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, February 15, 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
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.Presentation From International Institute of Municipal Clerks (IIMC) & Florida Association of City Clerks (FACC) to City Clerk Andrise Bernard (Elizabeth Garcia-Beckford South District Director)
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 January 11, 2022 (Andrise Bernard, MMC, City Clerk)
9.2.Special Commission Meeting Minutes of January 18, 2022 (Andrise Bernard, MMC, City Clerk)
9.3.Regular Commission Meeting Minutes of January 18, 2022 (Andrise Bernard, MMC, City Clerk)
9.4.Resolution No. R2022-23 Victory Playground Safety Surface (Andrew Plotkin, Parks and Recreation 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 ROBERTSON INDUSTRIES, INC. AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE ESTIMATED EXPENDITURE OF $198,841.10; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS TO EFFECTUATE THIS RESOLUTION AND PROVIDING FOR AN EFFECTIVE DATE.

9.5.Resolution No. R2022-24 A.C. Schultes Well Pump Maintenance and Repair Services (Andrea Suarez Abastida, PMP, 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.C. SCHULTES, FOR THE MAINTENANCE AND REPAIR SERVICES FOR WATER SUPPLY WELLS AND WELL PUMPS IN AN ESTIMATED BUDGETED AMOUNT OF $80,000.00.

9.6.Resolution No. R2022-25 Traffic Signal Controller (Joann Milord, CRA 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 A COMMUNITY AESTHETIC FEATURE AGREEMENT (CAF) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE WRAPPING OF TRAFFIC SIGNAL CONTROLLER CABINETS WITHIN THE COMMUNITY REDEVELOPMENT AGENCY’S (CRA) BOUNDARIES; AND PROVIDING FOR AN EFFECTIVE DATE.

9.7.Resolution 2022-26 Award of RFP-21-082-DR Non-Bank Qualified General Obligation Note, Series 2021 (Phillip Ford, Chief Procurement Officer)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH TD BANK, N.A. TO PROVIDE NON-BANK QUALIFIED GENERAL OBLIGATION NOTE, SERIES 2022 PURSUANT TO REQUEST FOR PROPOSALS NO. RFP-21-082-DR NON-BANK QUALIFIED GENERAL OBLIGATION NOTE, SERIES 2021 AND PROVIDING FOR AN EFFECTIVE DATE.

10.QUASI-JUDICIAL
10.1.Resolution No. R2022-27 Canal Park Final Plat (Kent Walia, AICP, Community Development Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF NORTH MIAMI BEACH, FLORIDA, APPROVING, THE FINAL PLAT FOR AND ENTITLED “CANAL PARK WEST” LOCATED AT 3227 NE 163 STREET, NORTH MIAMI BEACH, FLORIDA, AND LEGALLY DESCRIBED IN ATTACHMENT “A”; AND PROVIDING FOR AN EFFECTIVE DATE.

 
10.2.Resolution No. R2022-28 The Riverwalk North Site Plan Modification Request (Kent Walia, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF NORTH MIAMI BEACH, FLORIDA, APPROVING, THE SITE PLAN ELEVATION MODIFICATION AT 16395 BISCAYNE BOULEVARD, THE RIVERWALK AT NORTH MIAMI BEACH, FLORIDA AND LEGALLY DESCRIBED IN ATTACHMENT “A”; AND SHOWN AS  LOCATION MAP "B" AND PROVIDING FOR AN EFFECTIVE DATE.

11.LEGISLATION
11.1.Ordinance No. 2022-02 (First Reading) Amending Language of General Employees’ Pension – Re-Employment of Retirees (Francisco Rios, Human Resources Director)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING THE CITY OF NORTH MIAMI BEACH GENERAL EMPLOYEES RETIREMENT PLAN; AMENDING SECTION 6.04 ENTITLED “BENEFITS OTHER THAN ON RETIREMENT” TO PERMIT THE REHIRING OF RETIRED EMPLOYEES OF NMB WATER; PROVIDING FOR THE REPEALER; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.

11.2.Ordinance No. 2022-03 (First Reading) Landlord Notice to Increase Rent (Commissioner Paule Villard)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XIV, “BUILDING AND HOUSING”, SECTION 14-12 “RESIDENTIAL RENTAL PERMITS AND INSPECTIONS” OF THE CODE OF ORDINANCES, BY CREATING A NEW SECTION 14-12.8 “WRITTEN NOTICE REQUIRED TO INCREASE RENT FOR RESIDENTIAL RENTAL PROPERTIES”; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.3.Ordinance No. 2022-04 (First Reading) Prohibiting Conflict of Interest in Land Use Matters (Commissioner Michael Joseph)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING CHAPTER II “STRUCTURE OF CITY GOVERNMENT”, BY SPECIFICALLY AMENDING ARTICLE X “CODE OF ETHICS”  TO CREATE A NEW SECTION 2-79.14 ENTITLED “PROHIBITING CONFLICT OF INTEREST IN LAND USE MATTERS”; 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.

11.4.Resolution No. R2022-29 Authorizing the Refunding of Promissory Note Series 2011 and Issuing a New General Obligation Refunding Note, Series 2022, for a Savings of Approximately $1 Million Dollars (Marcia Fennell, Chief Financial Officer)

A RESOLUTION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A GENERAL OBLIGATION REFUNDING NOTE, SERIES 2022, IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $9,500,000 TO REFINANCE CERTAIN OUTSTANDING OBLIGATIONS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH NOTE; PROVIDING FOR A PLEDGE OF AD VALOREM REVENUES WITHOUT LIMIT ON ALL TAXABLE PROPERTY IN THE CITY TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE NOTE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT; AUTHORIZING THE ACCEPTANCE OF TD BANK, N.A.’S PROPOSAL; AUTHORIZNG THE SALE OF THE NOTE ON A NEGOTIATED BASIS TO TD BANK, N.A.; AUTHORIZING THE ISSUER TO ACT AS REGISTRAR, PAYING AGENT AND AUTHENTICATING AGENT WITH RESPECT TO THE NOTE; MAKING CERTAIN FINDINGS, REPRESENTATIONS AND COVENANTS WITH RESPECT THERETO; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE.

11.5.Resolution No. R2022-30 Award of ITB-21-076-MC Norwood WTP Improvements Phase II - Production Wells (WATR2002B) (Andrea Suárez Abastida, PMP, NMB Water Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE AWARD OF INVITATION TO BID ITB-21-076-MC– “NORWOOD WTP IMPROVEMENTS PHASE II–PRODUCTION WELLS (WATR2002B)”; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE AN AGREEMENT ALL WEBB’S ENTERPRISE, INC. AND EXPEND AN BUDGETED AMOUNT UP TO BUT NOT TO EXCEED $2,835,050.00; 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.

11.6.Resolution No. R2022-31 Express Support of SB476 and HB297 Anthony Reznik Act 2-15-22 (Vice Mayor Fortuna Smukler)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, EXPRESSING SUPPORT FOR SENATE BILL 476 AND HOUSE BILL 297 WHICH WOULD PROVIDE PENALTIES FOR AGGRESSIVE CARELESS DRIVING RESULTING IN SERIOUS BODILY INJURY OR DEATH AND PROPERTY DAMAGE; URGING THE FLORIDA LEGISLATURE AND GOVERNOR RON DESANTIS TO SUPPORT AND APPROVE THE LEGISLATION; DIRECTING THE CITY CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

11.7.Resolution No. R2022-32 Expressing Strong Support for Increasing the Salaries of Prosecutors and Support Staff in Miami-Dade County State Attorney Office (Vice Mayor Fortuna Smukler)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, EXPRESSING STRONG SUPPORT FOR INCREASING THE SALARIES OF PROSECUTORS AND SUPPORT STAFF IN THE OFFICE OF STATE ATTORNEY IN MIAMI-DADE COUNTY; URGING THE FLORIDA LEGISLATURE AND GOVERNOR RON DESANTIS TO SUPPORT AND APPROVE SALARY INCREASES FOR PROSECUTORS AND SUPPORT STAFF; DIRECTING THE CITY CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION TO THE SOUTH FLORIDA LEGISLATIVE DELEGATION AND GOVERNOR RON DESANTIS; PROVIDING FOR AN EFFECTIVE DATE.

11.8.Resolution No. R2022-33 Censuring Commissioner Kramer (Commissioner Paule Villard)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, CENSURING COMMISSIONER BARBARA KRAMER FOR UNACCEPTABLE AND INEXCUSABLE BEHAVIOR EXHIBITED TOWARD HER COLLEAGUES ON THE CITY COMMISSION WHICH SEEKS TO ENCOURAGE DIVISION IN THE CITY OF NORTH MIAMI BEACH; PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS - None
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.Civil Service (Vice Mayor Fortuna Smukler)
15.2.Setting the Record Straight (Commissioner Barbara Kramer)
15.3.Multi Family Parking Ordinance Discussion (Vice Mayor Fortuna Smukler)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING ARTICLE IX “OFF-STREET PARKING AND LOADING”, BY SPECIFICALLY AMENDING SECTION 24-95 “MINIMUM SPACE REQUIREMENTS” TO REQUIRE ADDITIONAL PARKING SPACES FOR MULTI-FAMILY DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

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
Thursday, March 24, 2022
21.ADJOURNMENT