CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, April 19, 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
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 March 24, 2022 (Andrise Bernard, MMC, City Clerk)
9.2.Resolution No. R2022-51 for Purchase of Uleta Playground Safety Surface Replacement from Robertson Industries, (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 ROBERTSON INDUSTRIES, INC. AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE ESTIMATED EXPENDITURE OF $125,602.80; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS TO EFFECTUATE THIS RESOLUTIONAND PROVIDING FOR AN EFFECTIVE DATE.

9.3.Resolution No. R2022-52 Establishing a Pool of Pre-Qualified Contractors to Perform Residential Rehabilitation in Accordance with the City’s Housing Rehabilitation Program (Phillip Ford, Chief Procurement Officer)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ESTABLISHING A POOL OF PRE-QUALIFIED CONTRACTORS TO PERFORM RESIDENTIAL REHABILITATION IN ACCORDANCE WITH THE CITY’S HOUSING REHABILITATION PROGRAM, AT A COST NOT TO EXCEED SEVEN HUNDRED NINETY THOUSAND DOLLARS ($790,000) ANNUALLY, IN ACCORDANCE WITH THE TERMS, CONDITIONS AND SPECIFICATIONS CONTAINED IN REQUEST FOR QUALIFICATIONS NO. RFQ-22-025-PF; FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE AGREEMENTS FOR THE PROVISION OF STATED SERVICES WITH THE SELECTED FIRMS, PROVIDING FOR AN EFFECTIVE DATE AND ALL OTHER PURPOSES.

9.4.Resolution No. R2022-53 Purchase and Installation of Baffle Curtain from CROM Corporation (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 AND INSTALLATION OF BAFFLE CURTAIN FOR 800,000-GALLON GROUND STORAGE TANK IN AN ESTIMATED BUDGETED AMOUNT OF $74,285.68.

9.5.Resolution No. R2022-54 Ratification of Purchase Order 220891 to Enterprise Rent a Car (Phillip Ford, Chief Procurement Officer)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RATIFYING A CHANGE ORDER FOR ENTERPRISE RENT A CAR (“ENTERPRISE”) IN THE AMOUNT OF $150,000 FOR ADDITIONAL RENT A CAR SERVICES FOR NMB WATER WHEN LEASED VEHICLES ARE DELAYED DUE TO COVID-19 FUFILLMENT ISSUES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.6.Resolution No. R2022-55 Ratification of Emergency Purchase Order 220863 to PSI Technologies, Inc. (Andrea Suarez Abastida, Director NMB Water Department)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RATIFYING AN EMERGENCY PURCHASE ORDER FOR PSI TECHNOLOGIES, INC., IN THE AMOUNT OF $67,138.72 FOR EMERGENCY REPAIR SERVICES COMPLETED FOR THE SURGE RELIEF VALVES FOR THE WATER SUPPLY SYSTEM; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.7.Resolution No. R2022-56 Ratification of Purchase Order 220781 to AT&T/PRO-CLUB for Internet and voice services (Ricardo Castillo, Chief Information Officer)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, WAIVING COMPETITIVE BIDDING REQUIREMENTS AND RATIFYING THE PURCHASE OF AT&T’S INTERNET & VOICE BUNDLE SERVICES IN AN AMOUNT NOT TO EXCEED $111,600.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS TO EFFECTUATE THE PURCHASE; AND PROVIDING AN EFFECTIVE DATE.

9.8.Resolution No. R2022-57 FDOT Turf Agreement (Judeen Johnson, Public Works Department)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A TURF AND LANDSCAPE MAINTENANCE AGREEMENT, INCLUDING RENEWAL OPTIONS, BETWEEN THE CITY OF NORTH MIAMI BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"); PROVIDING THE TERMS AND CONDITIONS FOR THE MAINTENANCE RESPONSIBILITIES AND FOR THE REIMBURSEMENT OF TURF AND LANDSCAPE MAINTENANCE ELEMENTS FROM FDOT TO THE CITY OF NORTH MIAMI BEACH.

9.9.Resolution No. R2022-58 Approving an Agreement with Shaw Industries for Flooring Materials with Related Supplies and Services (Phillip Ford, Chief Procurement Officer)

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 SHAW INDUSTRIES FOR FLOORING MATERIALS WITH RELATED SUPPLIES AND SERVICES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEED TO EXPEND THE ESTIMATED EXPENDITURE OF $105,000; AS APPROVED IN THE BUDGET APPROPRIATION PROCESS; AND PROVIDING AN EFFECTIVE DATE.

9.10.Resolution No. R2022-59 Purchase of Emergency Generator for Public Services Administration Building (Emmanuel Adediran, Interim Director of Public Works)

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 PIONEER CRITICAL POWER FOR THE REPLACEMENT OF THE GENERATOR LOCATED IN PUBLIC SERVICES IN THE AMOUNT OF $ 72,865; AND PROVIDING AN EFFECTIVE DATE.

9.11.Resolution No. R2022-60 CRA Budget Amendments (Joann Milord, CRA Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE NORTH MIAMI BEACH COMMUNITY REDEVELOPMENT AGENCY’S FISCAL YEAR 2021-22 AMENDED BUDGET; AUTHORIZING THE CITY MANAGER TO TRANSMIT THE AMENDED BUDGET TO MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ALL ACTION NECESSARY TO COMPLETE THE APPROVAL PROCESS FOR THE COMMUNITY REDEVELOPMENT AGENCY’S FISCAL YEAR 2021-22 AMENDED BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE.

10.QUASI-JUDICIAL
10.1.Resolution No. R2022-44 NMB Place Site Plan Approval and Four Related Non-Use Variances (Kent Walia, AICP, Community Development Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE SITE PLAN AND FOUR RELATED VARIANCES FROM THE ZONING AND LAND DEVELOPMENT CODE FOR THE CONSTRUCTION OF A 1,219,643 SQUARE FOOT MIXED-USE DEVELOPMENT, CONSISTING OF TWO , TWENTY-EIGHT -STORY TOWERS WITH 11,540 SQUARE FEET OF RETAIL SPACE, 6,810 SQUARE FEET OF OFFICE, 700 RESIDENTIAL UNITS, AND 957 PARKING SPACES ON A 1.86 ACRE PARCEL LOCATED AT 1959 AND 1999 NE 164 STREET; GRANTING A VARIANCE TO PERMIT DECORATIVE SCREENING OF THE PARKING GARAGE FOR THE EAST AND WEST TOWER FRONTING ALONG NE 164 STREET, WHERE THE CODE REQUIRES A 20-FOOT-DEEP LINER BUILDING; GRANTING A VARIANCE TO PERMIT A 98.21% IMPERVIOUS AREA AT THE PODIUM LEVEL, WHERE THE CODE PERMITS A MAXIMUM IMPERVIOUS AREA OF 90% AT THE PODIUM LEVEL; GRANTING A VARIANCE TO PERMIT THE EAST SIDE OF THE EAST TOWER AT 7’7” TO 11’4” SETBACK FROM THE PODIUM, WHERE THE CODE REQUIRES A MINIMUM SETBACK OF 15 FEET; AND GRANTING A VARIANCE TO PERMIT A FURNISHINGS/GREEN AREA WITH A WIDTH OF 12’6”, WHERE THE CODE REQUIRES AN 18- FOOT WIDTH ALONG THE NE 19 AVENUE GREENWAY; PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

10.2.Resolution No. R2022-61 NMB Venus Site Plan Approval and Three Related Non-Use Variances (Kent Walia, AICP, Community Development Director)

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 FOR THE CONSTRUCTION OF A 651,620 SQUARE FOOT MIXED-USE DEVELOPMENT, CONSISTING OF ONE, TWENTY-SIX-STORY TOWER WITH 10,760 SQUARE FEET OF RETAIL SPACE, 439 RESIDENTIAL UNITS, AND 497 PARKING SPACES ON A 1.013 ACRE PARCEL LOCATED AT 2050 NE 164 STREET ; GRANTING A VARIANCE  TO PERMIT DECORATIVE SCREENING OF THE PARKING GARAGE FRONTING ALONG NE 164 STREET, WHERE THE CODE REQUIRES A 20-FOOT-DEEP LINER BUILDING; GRANTING A VARIANCE TO PERMIT A 13’-2” TOWER SETBACK FROM THE PODIUM ALONG NE 164 STREET, WHERE THE CODE REQUIRES A MINIMUM SETBACK OF 15  FEET;  AND GRANTING A VARIANCE TO PERMIT A 0’-0” TOWER SETBACK FROM THE PODIUM ALONG NE 21 AVENUE, WHERE THE CODE REQUIRES A MINIMUM SETBACK OF 15  FEET; 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. 2022-05 (Second and Final Reading) Providing Clarification to In Service Distribution When a Member Becomes Reemployed (Police and Fire Retirement Board)

AN ORDINANCE AMENDING THE RETIREMENT PLAN FOR POLICE OFFICERS AND FIREFIGHTERS OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, PROVIDING CLARIFICATION WITH REGARD TO CERTAIN IN-SERVICE DISTRIBUTIONS BY AMENDING ARTICLE VI, “RETIREMENT BENEFITS”, SECTION 6.01 “NORMAL RETIREMENT”; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.2.Ordinance No. 2022-06 (First Reading) Payment of Relocation Costs for Displaced Residents - Section 14-9 Unsafe Structures (Commissioner Michael Joseph)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XIV ENTITLED “BUILDING AND HOUSING”; AND MORE SPECIFICALLY CREATING A NEW SECTION 14-9 ENTITLED “PAYMENT OF RELOCATION COSTS BY OWNERS OF RESIDENTIAL BUILDINGS FOR DISPLACED RESIDENTS”; PROVIDING FOR PAYMENT OF RELOCATION COSTS BY THE CITY OF NORTH MIAMI BEACH UPON AN OWNERS’S FAILURE TO PAY; REQUIRING REIMBURSEMENT TO THE CITY OF NORTH MIAMI BEACH FOR ANY RELOCATION COSTS PAID BY THE CITY; PROVIDING FOR PLACEMENT OF A LIEN ON OWNERS PROPERTY FOR ANY UNREIMBURSED RELOCATION EXPENSES INCURRED BY THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

11.3.Resolution No. R2022-62 Approving an Agreement with Garland/DBS, Inc. for the Purchase of Restoration and Enhancement Services for Various City Facilities (Phillip Ford, Chief Procurement Officer)

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 GARLAND/DBS, INC. FOR THE PURCHASE OF RESTORATION AND ENHANCEMENT SERVICES FOR VARIOUS CITY FACILITIES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEED TO EXPEND THE ESTIMATED EXPENDITURE OF $2,000,000; AS APPROVED IN THE BUDGET APPROPRIATION PROCESS; AND PROVIDING AN EFFECTIVE DATE.

11.4.Resolution No. R2022-63 Approving an Agreement with Trane for the Purchase of HVAC Products, Installation Services and Related Products & Services (Phillip Ford, Chief Procurement Officer)

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 TRANE FOR THE PURCHASE OF HVAC PRODUCTS, INSTALLATION SERVICES AND RELATED PRODUCTS & SERVICES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEED TO EXPEND THE ESTIMATED EXPENDITURE OF $700,000; AS APPROVED IN THE BUDGET APPROPRIATION PROCESS; AND PROVIDING AN EFFECTIVE DATE.

11.5.Resolution No. R2022-64 Ratifying the CBA Between the City and IUPA Bargaining Unit (Francisco Rios, Human Resources Director)

A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RATIFYING THE COLLECTIVE BARGAINING AGREEMENT (“AGREEMENT OR CBA”) BETWEEN THE CITY OF NORTH MIAMI BEACH AND THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, LOCAL 6005, BARGAINING UNIT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO EXECUTE THE AGREEMENT PROVIDED THAT THE AGREEMENT IS REVIEWED FOR FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY; AND PROVIDING FOR EFFECTIVE DATE.

11.6.Resolution No. R2022-65 Recognizing Front-Line Workers (Commissioner Paule Villard)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RECOGNIZING AND APPRECIATING THE SERVICES OF FRONT-LINE WORKERS IN MIAMI-DADE COUNTY DURING THE COVID-19 PANDEMIC; DIRECTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS
13.1.Appointing Geraldine Lazarre to the Economic Development Commission (Vice Mayor McKenzie Fleurimond)
13.2.Appointing George Ray III as Ex-Officio to the Economic Development Commission (Vice Mayor McKenzie Fleurimond)
13.3.Appointing Jordan Desnick as Ex Officio to the Eastern Shores First Addition Security Guard Special Taxing District Board (ESFASGSTD) (Andrise Bernard, City Clerk)
13.4.Appointing Maria Furey to the Beautification Committee (Andrise Bernard, MMC, City Clerk)
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.Regarding Interim City Attorney Position (Commissioner Barbara Kramer)
15.2.Update Civil Service Board (Vice Mayor McKenzie Fleurimond)
16.CITY MANAGER'S REPORT
16.1.Monthly Report
17.CITY ATTORNEY'S REPORT- None
18.MAYOR'S DISCUSSION
19.CITY COMMISSION REPORTS
20.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, May 17, 2022
21.ADJOURNMENT