CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, May 17, 2022
6:00 PM


 

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 McKenzie Fleurimond

Commissioner Daniela Jean

Commissioner Michael Joseph

Commissioner Barbara Kramer

Commissioner Fortuna Smukler

Commissioner Paule Villard


 

City Manager Arthur H. Sorey III

City Attorney Hans Ottinot,
Ottinot Law, P.A.


City Clerk Andrise Bernard, MMC

 

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 Fritzner Jules (First Born Again Baptist Church)
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
5.1.Senator Jason Pizzo - Legislative Update
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)

Unattended Personal Items Notice

Please be advised that personal belongings and electronic devices cannot be left unattended. All unattended personal belongings and electronic devices will be confiscated.

7.ANNOUNCEMENTS
8.CITY COMMISSION REPORTS
9.CONSENT AGENDA
9.1.Regular Commission Meeting Minutes of April 19, 2022 (Andrise Bernard, MMC, City Clerk)
9.2.Resolution No. R2022-66 Purchase of Flygt Pumps, Parts and Repairs from Xylem Water Solutions USA, Inc. (Andrea Suárez 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 XYLEM WATER SOLUTIONS USA, INC. FOR THE PURCHASE OF FLYGT PUMPS, PARTS AND REPAIRS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEED TO EXPEND THE ESTIMATED EXPENDITURE OF $150,000; AS APPROVED IN THE BUDGET APPROPRIATION PROCESS; AND PROVIDING AN EFFECTIVE DATE.

9.3.Resolution No. R2022-67 Awarding of ITB-22-024-SG Landscape Improvements SR860 / NE 183rd Street from 6th AVE to NE 10th AVE (Emmanuel Adediran, Interim 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-22-024-SG – “LANDSCAPE IMPROVEMENTS SR860 / NE 183rd STREET FROM NE 6TH AVENUE TO NE 10TH AVENUE”; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, VISUALSCAPE, INC. AND FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ESTIMATED BUDGETED AMOUNT OF $247,355; 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. R2022-45 Echad Site Plan Request (Kent Walia, AICP, Community Development Director )

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING CONDITIONAL USE, SITE PLAN, AND RELATED VARIANCES FROM THE ZONING AND LAND DEVELOPMENT CODE FOR THE CONSTRUCTION OF A DEVELOPMENT CONSISTING OF THREE TOWERS WITH APPROXIMATELY 12,258 SQUARE FEET OF RETAIL SPACE, 3,866 SQUARE FEET OF RESTAURANT SPACE, 77,856 SQUARE FEET OF OFFICE SPACE, 223 HOTEL UNITS, AND 526 PARKING SPACES; GRANTING FOUR VARIANCES FROM SEC. 24-52(D)(3) REQUIRED MINIMUM YARD SETBACKS; GRANTING A VARIANCE FROM SEC. 24-52(D)(7)(a) REQUIRING USES PERMITTED TO BE CONDUCTED ENTIRELY WITHIN AN ENCLOSED AND ROOFED STRUCTURE; GRANTING A VARIANCE FROM SEC. 24-81(A)(3) FOR REGULATIONS OF BALCONIES ENCROACHING ON REQUIRED SETBACKS; AND GRANTING CONDITIONAL USE APPROVAL FOR A HOTEL, ON PROPERTY LOCATED AT 851 NE 167 STREET, 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.

10.3.Resolution No. R2022-68 Awning Variance Request (Kent Walia, AICP, Community Development Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, GRANTING A VARIANCE FROM THE CODE OF ORDINANCES CHAPTER XXIV, “ZONING AND LAND DEVELOPMENT CODE” (THE “ZLDC”), ARTICLE XV, “OTHER DEVELOPMENT REVIEW PROCEDURES,” SECTION 24-176 ENTITLED “VARIANCES”, SPECIFICALLY GRANTING A NON-USE VARIANCE FROM ARTICLE VIII, SECTION 24-81(A)(2) OF THE NORTH MIAMI BEACH ZONING AND LAND DEVELOPMENT CODE, TO PERMIT AN AWNING TO ENCROACH 17 FEET INTO THE SIDE INTERIOR SETBACK, WHEREAS THE CODE ALLOWS A MAXIMUM OF 5 FEET; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE

10.4.Resolution No. R2022-69 "Jungle Boys" Minor Site Plan Amendment (Kent Walia, AICP, Community Development Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING A MINOR SITE PLAN APPROVAL WITH A CONDITIONAL USE UNDER RESOLUTION NO. 2019-111, TO GRANT A MINOR SITE PLAN REVISION TO CHANGE THE EXTERIOR ELEVATIONS AT 3495 NORTH MIAMI BEACH BOULEVARD, NORTH MIAMI BEACH, FLORIDA; 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. 2022-06 (Second and Final 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.

11.2.Resolution No. R2022-70 - Awarding of ITB-21-047-MC Master Pump Station #4 Force Main Re-Routing (SEWR2002) (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-21-047-MC– “MASTER PUMP STATION #4 FORCE MAIN RE-ROUTING (SEWR2002)”; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE AN AGREEMENT RIC-MAN INTERNATIONAL, INC. AND EXPEND AN BUDGETED AMOUNT UP TO BUT NOT TO EXCEED $1,939,855.95; 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.

11.3.Resolution No. R2022-71 Express Support for Tenant's Bill of Rights Ordinance - Miami Dade County (Commissioner Paule Villard)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, EXPRESSING STRONG SUPPORT FOR THE TENANT’S BILL OF RIGHTS ORDINANCE ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY; DIRECTING THE CITY MANAGER OR DESIGNEE TO WORK WITH OFFICIALS FROM MIAMI-DADE COUNTY TO EDUCATE RESIDENTS IN NORTH MIAMI BEACH ABOUT THE TENANT’S BILL OF RIGHTS; AND FURTHER DIRECTING THE CITY MANAGER OR DESIGNEE TO PROVIDE MIAMI-DADE HOUSING ADVOCATES WITH TEMPORARY USE OF CITY  FACILITIES TO PROVIDE EDUCATIONAL FORUMS ABOUT THE TENANT’S BILL OF RIGHTS; PROVIDING DIRECTION TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE.

11.4.Resolution No. R2022-72 Recognizing National Police Week (Commissioners Paule Villard & Daniela Jean)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RECOGNIZING NATIONAL POLICE WEEK IN APPRECIATION OF LAW ENFORCEMENT OFFICERS; PROVIDING DIRECTION TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS - None
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.Update Civil Service Board (Vice Mayor McKenzie Fleurimond)
15.2.Pension Plan Amendment (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, June 21,2022
21.ADJOURNMENT