CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Thursday, March 24, 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 Ginger Medley (Fulford Method 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.Special Commission Meeting Minutes of February 8, 2022 (Andrise Bernard, MMC, City Clerk)
9.2.Regular Commission Meeting Minutes of February 15, 2022 (Andrise Bernard, MMC, City Clerk)
9.3.Resolution No. R2022-37 Purchase of Highland Village Playground (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 GAME TIME, INC. AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE ESTIMATED EXPENDITURE OF $351,989.69; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.4.Resolution No. R2022-38 Dell Marketing, LP (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 STATE OF FLORIDA MASTER AGREEMENT #MNWNC-108, OTHERWISE KNOWN AS 43211500-WSCA-15-ACS, FOR THE  PURCHASE OF COMPUTER AND SERVER EQUIPMENT, HARDWARE AND SOFTWARE FOR CITY DEPARTMENT OPERATIONS FROM DELL TECHNOLOGIES FOR AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND ($250,000) 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.

9.5.Resolution No. R2022-39 Uleta Recreation Facility Repair And Enhancement (Judeen N Johnson, Public Works 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 GARLAND/DBS INC FOR EXTERIOR BUILGING REPAIRS AND ENHANCEMENT TO ULETA PARK FACILITIES IN AMOUNT OF $77,236 

9.6.Resolution No. R2022-40 Norwood Water Plant A/C Roof Top Unit Replacement (Judeen N Johnson, Public Works 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 TRANE TECHNOLOGIES FOR THE REPLACEMENT OF THREE ROOF TOP UNITS(RTU) AT NORWOOD WATER PLANT AT A BUDGETED COST OF $98,460

9.7.Resolution No. R2022-41 Norwood Water Plant Replacement of Air Condition Controls (Judeen N Johnson, Public Works 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 TRANE TECHNOLOGIES FOR THE REPLACEMENT OF CURRENT A/C CONTROLS WITH TRACER SC AT NORWOOD WATER PLANT AT A BUDGETED COST OF $99,825 

9.8.Resolution No. R2022-42 Purchase and Delivery of Unleaded Gasoline and Diesel Fuel (Phillip Ford, Chief Procurement Officer)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A PURCHASE ORDER BETWEEN PORT CONSOLIDATED, INC. AND THE CITY OF NORTH MIAMI BEACH, FOR THE PURCHASE AND DELIVERY OF UNLEADED GASOLINE AND DIESEL FUEL; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE ANNUAL BUDGETED EXPENDITURE, AS APPROVED IN THE BUDGET APPROPRIATION PROCESS.

9.9.Resolution No. R2022-43 NE 183rd Street Bike Path Payment Ratification (Judeen N Johnson, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RATIFYING A CHANGE ORDER FOR CONTINENTAL CONSTRUCTION COMPANY (“CONTINENTAL”) IN THE AMOUNT OF $93,229.19 FOR ADDITIONAL WORK TO FINALIZE PAYMENT FOR WORKS COMPLETED ON THE NORTHNEAST 183rd STREET WATERMAIN AND BIKE LANE PROJECT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; 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, Director of Community Development)

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. R2022-46 Toras Emes 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 APPLICATION AND SIXTEEN RELATED VARIANCES FROM THE ZONING AND LAND DEVELOPMENT CODE FOR THE CONSTRUCTION OF A 74,918 GROSS SQUARE FOOT, RELIGIOUS-EDUCATIONAL FACILITY, WHICH CONSISTS OF A ONE-STORY GYMNASIUM WITH A 22 SPACE SURFACE PARKING LOT (PHASE 1), AND A FOUR-STORY EDUCATION BUILDING (PHASE 2) WITH 32 CLASSROOMS, KITCHEN, DINING ROOM, PRAYER ROOM, SPECIALTY SPACES, AND RECREATIONAL ROOF DECK, SITUATED ON LOTS 3, 4, AND 8 THROUGH 16, BLOCK 9 OF “MONTICELLO PARK UNIT 1”, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 65, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LOCATED AT 16415 NE 11TH AVENUE, 1136 NE 165TH STREET, 1150 NE 165TH STREET; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

10.4.Resolution No. R2022-45 Echad 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 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.

11.LEGISLATION
11.1.Ordinance No. 2022-02 (Second and Final 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 (Second and Final 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 (Second and Final 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.Ordinance No. 2022-05 (First 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.

11.5.Resolution No. R2022-47 Award of RFQ-21-025-MC - Design-Build Services for Norwood-Oeffler Water Treatment Plant (Andrea Suárez Abastida, Director of NMB Water)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA APPROVING THE AWARD RECOMMENDATION OF THE REQUEST FOR QUALIFICATIONS RFQ-21-025-MC - DESIGN-BUILD SERVICES FOR NORWOOD-OEFFLER WATER TREATMENT PLANT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PCL CONSTRUCTION INC.; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND A BUDGETED AMOUNT NOT TO EXCEED $34,400,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.

11.6.Resolution No. R2022-48 Vacating Alley - Nova Campus (Hans Ottinot, Interim City Attorney)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, PROVIDING FOR THE VACATION OF A 20-FOOT WIDE ALLEY LOCATED BETWEEN N.E. 17TH AND 18TH AVENUE AND N.E. 167 AND 168 STREET, NORTH MIAMI BEACH FLORIDA, AS MORE FULLY DESCRIBED IN EXHIBIT “A”; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVING FOR AN EFFECTIVE DATE.

11.7.Resolution No. R2022-49 Condemning the invasion of Ukraine by Russia (Vice Mayor Fortuna Smukler)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, CONDEMNING THE UNPROVOKED INVASION OF THE SOVEREIGN NATION OF UKRAINE BY RUSSIA AND REQUESTING PRESIDENT BIDEN, GOVERNOR DESANTIS, AND ALL MEMBERS OF THE NORTH ATLANTIC TREATY ORGANIZATION (NATO) TO PROVIDE ALL POSSIBLE ASSISTANCE AND HUMANITARIAN AID TO THE UKRAINIAN PEOPLE AND TAKE SUCH STEPS AS ARE NECESSARY TO DEPRIVE THE RUSSIAN GOVERNMENT OF SOURCES OF FOREIGN MONIES; PROVIDING INSTRUCTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE.

11.8.Resolution No. R2022-50 Consultant Agreement with Willis Howard (Arthur H. Sorey III, City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH AND WILLIS HOWARD ATTACHED HERETO AS EXHIBIT “A” IN SUBSTANTIALLY THE SAME FORM; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONSULTANT AGREEMENT; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS
13.1.Appointing Commissioner McKenzie Fleurimond as Vice Mayor effective April 17, 2022 (Andrise Bernard, MMC, City Clerk)
Per Code of Ordinances Chapter II, Article 2-2 – Vice Mayor.
14.MISCELLANEOUS ITEMS - None
15.CITY MANAGER'S REPORT- None
16.CITY ATTORNEY'S REPORT- None
17.MAYOR'S DISCUSSION
18.CITY COMMISSION REPORTS
19.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, April 19, 2022
20.ADJOURNMENT