CITY OF NORTH MIAMI BEACH
City Hall, Commission Chambers, 2nd Floor
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, March 21, 2023
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 Michael Joseph

Commissioner Jay Chernoff

Commissioner McKenzie Fleurimond

Commissioner Daniela Jean

Commissioner Phyllis S. Smith

Commissioner Fortuna Smukler

 


 

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
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.MAYOR'S DISCUSSION
5.1.Discussion Regarding City Manager and City Attorney
6.PRESENTATIONS / DISCUSSIONS
6.1.Freebee Pilot Presentation (David Scott, Public Works Director)
6.2.Bus Shelter Presentation (David Scott, Public Works Director)
6.3.Keep NMB Beautiful Presentation (David Scott, Public Works Director)
7.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.

8.ANNOUNCEMENTS
9.CITY COMMISSION REPORTS
10.CONSENT AGENDA
10.1.Regular City Commission Meeting Minutes of December 20, 2022 (Andrise Bernard, MMC, City Clerk)
10.2.Regular City Commission Meeting Minutes of January 17, 2023 (Andrise Bernard, MMC, City Clerk)
10.3.Regular City Commission Meeting Minutes of February 21, 2023 (Andrise Bernard, MMC, City Clerk)
10.4.Resolution No. R2022-166 Authorizing the City Manager or Designee to Create a Marketing Campaign for Tourism, International Trade and Transportation (Commissioner Daniela Jean)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DEVELOP A MARKETING CAMPAIGN TO PROMOTE TOURISM, INTERNATIONAL TRADE, AND TRANSPORTATION INITIATIVES IN THE CITY OF NORTH MIAMI BEACH; AUTHORIZING THE CITY MANAGER OR CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

10.5.Resolution No. R2022-171 Ratification of Washington Park Design Change Order (David Scott, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND RATIFYING A CHANGE ORDER TO THE WASHINGTON PARK DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH AND KCI TECHNOLOGIES INC., FORMERLY KEITH AND SCHNARS, P.A. BY INCREASING THE AMOUNT OF THE AGREEMENT BY THREE HUNDRED SIXTY-NINE THOUSAND, SIX HUNDRED NINETY-SIX DOLLARS ($369,696.00) TO CONTINUE ENHANCEMENTS TO THE DESIGN CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE.

10.6.Resolution No. R2022-172 Ratification of Staff Augmentation & Project Management Support Services for Public Works from Black & Veatch (David Scott, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND RATIFYING WORK ORDER #4 BETWEEN THE CITY OF NORTH MIAMI BEACH AND BLACK & VEATCH CORPORATION TO PROVIDE PROGRAM MANAGEMENT AND STAFF AUGMENTATION IN THE AMOUNT NOT TO EXCEED $524,617.00 ATTACHED HERETO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE WORK ORDER #4 AND TO ISSUE NOTICE TO PROCEED RELATING TO WORK ORDER #4; AND PROVIDING AN EFFECTIVE DATE.

10.7.Resolution No. R2023-01 Lease Agreement with Industrial Communications for Quantar Repeaters (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 INDUSTRIAL TOWER AND WIRELESS, LLC FOR A FIVE-YEAR TOWER LEASE AGREEMENT WITH OPTIONS TO RENEW FOR TEN ADDITONAL ONE-YEAR TERMS AND AUTHORIZING THE CITY MANAGER TO EXPEND THE ESTIMATED EXPENDITURE OF $384,958.80; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; FURTHER AUTHORIZING CONTRACT RENEWALS IN AN AMOUNT THAT DOES NOT EXCEED THE BUDGETED ALLOCATION; AND PROVIDING FOR AN EFFECTIVE DATE.

10.8.Resolution No. R2023-02 Change Order to the Interlocal Agreement between the City of North Miami Beach and Florida International University Board of Trustees (Phillip Ford, Chief Procurement Officer)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A CHANGE ORDER TO THE INTERLOCAL AGREEMENT WITH THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE ANNUAL BUDGET ALLOCATION; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

10.9.Resolution No. R2023-03 Office of the Attorney General VOCA Grant Funds (Harvette Smith, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, OFFICE OF THE ATTORNEY GENERAL, AS THE PASS-THROUGH AGENCY FOR THE VICTIMS OF CRIME ACT (VOCA) PROGRAM; ACCEPTING ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $91,455.00 FOR USE TOWARDS THE SALARY AND BENEFITS OF THE CITY’S VICTIMS ADVOCATE; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AMENDMENT AND IMPLEMENT THE TERMS; AND PROVIDING AN EFFECTIVE DATE.

10.10.Resolution No. R2023-04 Change Order for Construction Services from Teams Contracting Inc. (Andrew Plotkin, Parks & Recreation Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN INCREASE IN EXPENDITURE WITH TEAM CONTRACTING, INC., TO FURNISH GENERAL CONTRACTING AND CONSTRUCTION MANAGEMENT SERVICES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ADDITIONAL EXPENDITURE OF $500,000; AND PROVIDING AN EFFECTIVE DATE.

10.11.Resolution No. R2023-07 Authorizing Piggybacking The City of St. Petersburg, Florida's Contract With LMK PIPE, LLC (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 PIGGYBACK THE CITY OF ST. PETERSBURG, FLORIDA’S CONTRACT WITH LMK PIPE RENEWAL LLC, FOR AS NEEDED WASTEWATER SEWER LINE EMERGENCY REPAIRS IN AN ESTIMATED ANNUAL AMOUNT OF $65,000 AND IF APPLICABLE, TO RENEW THE PIGGYBACK SUBJECT TO APPROVED BUDGET APPROPRIATION AND AVAILABILITY OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.

10.12.Resolution No. R2023-08 Ratification of Change Order for Agreement with Harris Computer for Maintenance, Printing and Mailing Services ( 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 RATIFYING A CHANGE ORDER, THEREBY AMENDING THE AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH AND N. HARRIS COMPUTER CORPORATION INCREASING THE CONTRACT AMOUNT OF THE AGREEMENT BY ONE HUNDRED AND SIXTY-EIGHT THOUSAND EIGHT HUNDRED AND THIRTY DOLLARS ($168,830)  FOR UTILITY BILLS PRINTING, MAILING AND POSTAGE; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CHANGE ORDER, AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE.

10.13.Resolution No. R2023-09 Change Order for Purchase of Hoses, Connectors, Clamps, Fittings and Related Items (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 AN INCREASE IN ANNUAL EXPENDITURE FOR THE UTILIZATION OF MIAMI DADE COUNTY CONTRACT RTQ-01299  HOSES, CONNECTORS, FITTINGS, CLAMPS & RELATED ITEMS FOR THE PURCHASE OF PARTS AND SUPPLIES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ANNUAL EXPENDITURE OF $52,000; PROVIDING THE CITY MANAGER OR DESIGNEE WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.  

10.14.Resolution No. R2023-10 Award of RFP-22-075-MC Insurance Brokerage Services - Agent of Record (Francisco Rios, Human Resources Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER WHO CONCURS WITH THE EVALUATION COMMITTEE AND APPROVING THE RANKING OF THE MOST HIGHLY QUALIFIED FIRMS THAT RESPONDED TO REQUEST FOR PROPOSALS RFP-22-075-MC - INSURANCE BROKERAGE SERVICES - PROPERTY INSURANCE AGENT OF RECORD; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TOP-RANKED, MOST-QUALIFIED FIRM AND, IF NEGOTIATIONS ARE UNSUCCESSFUL, WITH THE NEXT HIGHEST RANKED FIRM SUCCESSIVELY AND AUTHORIZING THE CITY MANAGER TO EXPEND AN ANNUAL BUDGETED AMOUNT NOT TO EXCEED $60,000; AND PROVIDING FOR AN EFFECTIVE DATE.

10.15.Resolution No. R2023-11 Purchase and Delivery of Three Well Pumps and Motors from Afton Pumps, 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 ISSUE A SOLE SOURCE PURCHASE ORDER TO AFTON PUMPS, INC. FOR THE PURCHASE OF WELL PUMPS AND MOTORS IN AN ESTIMATED BUDGETED AMOUNT OF $295,000; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND SAID AMOUNT; AND PROVIDING AN EFFECTIVE DATE.

10.16.Resolution No. R2023-12 Purchase of Additional Technology Solutions, Products and Services from IT Partners, LLC (Ricardo Castillo, IT Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN INCREASE IN ANNUAL EXPENDITURE WITH IT PARTNERS LLC, FOR TECHNOLOGY SOLUTIONS, PRODUCTS AND SERVICES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ADDITIONAL ANNUAL EXPENDITURE OF $35,000; AND PROVIDING AN EFFECTIVE DATE.

10.17.Resolution No. R2023-13 Purchase of Additional Landscape Material Services from Gardening Angel Nursery, Inc (David Scott, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN INCREASE IN ANNUAL EXPENDITURE WITH GARDENING ANGEL NURSERY, INC., TO PURCHASE LANDSCAPE MATERIAL SERVICES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ADDITIONAL ANNUAL AMOUNT OF $31,000; AND PROVIDING AN EFFECTIVE DATE.

10.18.Resolution No R2023-14 Approval of Agreement Extension with BEEFREE, LLC D/B/A FREEBEE for On-Demand Transportation Services (David Scott, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE AGREEMENT EXTENSION WITH BEEFREE, LLC D/B/A FREEBEE, FOR ON-DEMAND TRANSPORTATION SERVICES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT ATTACHED AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

10.19.Resolution No. R2023-15 Change Order for Contract No. 21-54-SG Citywide Grounds Maintenance from Country Bills Lawn Maintenance (David Scott, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN INCREASE IN ANNUAL EXPENDITURE WITH COUNTRY BILL’S LAWN MAINTENANCE, INC., FOR THE PURCHASE OF CITYWIDE GROUNDS MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ADDITIONAL ANNUAL EXPENDITURE OF $250,000; AND PROVIDING AN EFFECTIVE DATE.

10.20.Resolution No. R2023-16 Approving The Agreement With Sustainable Design & Construction Services, Inc. (Marline Monestime, Economic Development Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXTEND AN AGREEMENT WITH SUSTAINABLE DESIGN & CONSTRUCTION SERVICES, INC. TO PROVIDE HOUSING CONSULTING AND TECHNICAL SERVICES FOR THE OWNER-OCCUPIED HOME REHABILITATION PROGRAM IN AN AMOUNT NOT TO EXCEED $49,500; AND PROVIDING FOR AN EFFECTIVE DATE. 

10.21.Resolution No. R2023-21 Purchase of Paving and Asphalt Services from H&J Asphalt, 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 PIGGYBACK THE CITY OF MIAMI GARDENS, FLORIDA’S CONTRACT WITH H&J ASPHALT, INC., FOR ASPHALT ROADWAY RESURFACING IN AN NOT TO EXCEED AMOUNT OF $144,000; AND PROVIDING FOR AN EFFECTIVE DATE.

10.22.Resolution No. R2023-22 Award of RFP No. 23-001-PF Insurance Brokerage Services for the City of North Miami Beach (Andrew Bejel, Interim Human Resources Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA ACCEPTING THE EVALUATION SELECTION COMMITTEE’S RECOMMENDATION FOR RFP NO. 23-001-PF INSURANCE BROKERAGE SERVICES FOR THE CITY OF NORTH MIAMI BEACH; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH THE HIGHEST RANKED FIRM AND, IF NEGOTIATIONS SHALL COME TO AN IMPASSE, TO NEGOTIATE WITH THE NEXT HIGHEST RANKED FIRM; FURTHER  AUTHORIZING THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO EXCEED $130,000; AND PROVIDING FOR AN EFFECTIVE DATE.

10.23.Resolution No. R2023-23 Purchase of Additional Laboratory Analytical Products from HACH Company (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 AN INCREASE IN ANNUAL EXPENDITURE WITH HACH COMPANY, TO PURCHASE LABORATORY ANALYTICAL PRODUCTS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ADDITIONAL ANNUAL AMOUNT OF $51,000; AND PROVIDING AN EFFECTIVE DATE.

10.24.Resolution No. R2023-24 Change Order for Contract No.21-032-MC City Hall 2nd Floor Renovation with Bespoke Construction Management, LLC. (David Scott, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING A CHANGE ORDER, THEREBY AMENDING THE AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH  AND BESPOKE CONSTRUCTION MANAGEMENT INCREASING THE CONTRACT AMOUNT BY FIFTY THREE THOUSAND DOLLARS ($53,000) FOR ADDITIONAL COMPLIANCE RENOVATIONS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A CHANGE ORDER,  AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE.

10.25.Resolution No. R2023-25 Ratify Purchase of Additional Operating & Maintenance Supplies Citywide from Home Depot USA (Andrew Plotkin, Parks & Recreation Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND RATIFYING A CHANGE ORDER FOR HOME DEPOT, USA, THEREBY INCREASING THE ANNUAL EXPENDITURE BY AN ADDITIONAL $36,300 FOR THE PURCHASE OF SUPPLIES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CHANGE ORDER, AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE.

11.QUASI-JUDICIAL
11.1.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 NON-USE VARIANCE FROM ARTICLE VIII, SECTION 24-81(A)(2) OF THE NORTH MIAMI BEACH ZONING AND LAND DEVELOPMENT CODE, TO PERMIT AN EXISTING AWNING LOCATED AT 2811 NE 164TH STREET FOR PROPERTY OWNERS ANA AND MARK A. ANTONIO 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.

11.2.Resolution No. R2022-168 BH-164 Site Plan and Ten (10) Variance Requests (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 APPLICATION WITH CONDITIONS AND TEN NON-USE VARIANCES FOR THE CONSTRUCTION OF A 400,576 GROSS SQUARE FEET, 32-STORY, MIXED-USE DEVELOPMENT WITH 400 RESIDENTIAL UNITS, AND 1,825 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE 587 PARKING SPACES ON A 1.95-ACRE PARCEL LOCATED AT 2261 NE 164TH STREET; GRANTING A VARIANCE FROM SECTION 24-58(K)(2)b.i. TO ALLOW DECORATIVE SCREENING OF THE PARKING GARAGE FRONTING NE 164 STREET (PRIMARY FRONTAGE), IN-LIEU OF THE REQUIRED LINER BUILDING; GRANTING A VARIANCE FROM SECTION 24-58 FIGURE MU-8 TO REDUCE THE REQUIRED 15-FOOT TOWER SETBACK ON THE SOUTHEAST CORNER TO 7’-2”; GRANTING A VARIANCE FROM SECTION 24-58(J)(3)c.,iv.,1., TO REVERSE THE CONFIGURATION OF THE LANDSCAPE STRIP AND SIDEWALK AND PERMIT A SECONDARY STREET WITH THE SIDEWALK ADJACENT TO THE DRIVE LANES ON BOTH SIDES; GRANTING A VARIANCE FROM SECTION 24-93(C)(2)(a) TO ALLOW FOR HANDICAPPED PARKING SPACES TO BE EIGHTEEN (18) FEET IN LENGTH; GRANTING A VARIANCE FROM SECTION 24-58(R)(2)c. TO ALLOW FOR A MAXIMUM FLOOR-TO-FLOOR HEIGHT OF 18’-8” ON THE 7TH LEVEL; GRANTING A VARIANCE FROM SECTION 24-58.1(K)(2) TABLE MU/TC-4 TO REDUCE THE REQUIRED TEN (10) FEET SETBACK OF THE SECONDARY STREET TO A SETBACK OF ZERO (0’); GRANTING A VARIANCE FROM SECTION 24-58.1(K)(2) TABLE MU/TC-4 TO ALLOW FOR A SETBACK OF 125’-7” FROM THE PRIMARY STREET; GRANTING A VARIANCE FROM SECTION 24-58.1(K)(2) TABLE MU/TC-4 TO REDUCE THE REQUIRED NINETY PERCENT (90%) FRONTAGE AND ALLOW SEVENTY-SEVEN (77%) PERCENT OF FRONTAGE ALONG THE PRIMARY STREET; GRANTING A VARIANCE FROM SECTION24-58.1(K)(2) TABLE MU/TC-4 TO REDUCE THE REQUIRED NINETY PERCENT (90%) FRONTAGE AND ALLOW SEVENTY-ONE (71%) PERCENT OF FRONTAGE ALONG THE CANAL GREENWAY; GRANTING A VARIANCE FROM SECTION 24-58.1(K)(2) TABLE MU/TC-4 TO INCREASE THE REQUIRED SETBACK OF FIFTEEN (15) FEET TO 80’-7” OF THE CANAL GREENWAY TYPE CG-2; PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

11.3.Resolution No. R2022-169 Biscayne Office Complex Site Plan and Conditional Use Requests (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 MODIFICATION FOR THE CONSTRUCTION OF A 18,000 GROSS SQUARE FEET, THREE-STORY COMMERCIAL BUILDING AND APPROVING A CONDITIONAL USE APPLICATION FOR A SIX-STORY 68,200 GROSS SQUARE FEET PARKING GARAGE STRUCTURE WITH 248 SPACES ON A 3.49-ACRE PARCEL LOCATED AT 15801, 15805, 15807 BISCAYNE BOULEVARD; PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 

12.LEGISLATION
12.1.Ordinance No. 2022-09 (Second and Final Reading) Property Rights Element (Kent Walia, AICP, Community Development Director)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA AMENDING THE CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN TO ADD A PROPERTY RIGHTS ELEMENT AS REQUIRED BY AND IN CONFORMITY WITH SECTION 163.3177(6)(i), FLORIDA STATUTES (2021); PROVIDING FOR INCLUSION IN THE CITY OF NORTH MIAMI BEACH COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

12.2.Ordinance No. 2022-11 (Second and Final Reading) Shopping Cart Regulations (Commissioner Fortuna Smukler)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER IX OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, TO CREATE A NEW SECTION ENTITLED “SHOPPING CART REGULATIONS” TO ESTABLISH GUIDELINES FOR THE RECOVERY OF STOLEN OR ABANDONED SHOPPING CARTS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.3.Ordinance No. 2023-01 (First Reading) Moving Quorum and Ethical Duty to Remain at a Commission to Article X Code of Ethics (Mayor Anthony DeFillipo)

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 COMMISSION,” SUBSECTION (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. 
 

12.4.Ordinance No. 2023-02 (First Reading) Administrative Site Plan Process (Kent Walia, AICP, Community Development Director)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA,  AMENDING THE CITY OF NORTH MIAMI BEACH CODE BY AMENDING CHAPTER XXIV, ENTITLED “ZONING AND LAND DEVELOPMENT,” ARTICLE XV “OTHER DEVELOPMENT REVIEW PROCEDURES,” SECTION 24-172  “SITE PLAN REVIEW,” TO DELETE SUBSECTION (K) ENTITLED  “LIMITED ADMINISTRATIVE AUTHORITY FOR SITE PLAN AMENDMENTS” AND CREATE A NEW SUBSECTION 24-172.1 ENTITLED “ADMINISTRATIVE SITE PLAN PROCESSES”; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.5.Resolution No. R2022-170 Lien Amnesty Program (Arthur H. Sorey, III, City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING A CITY-WIDE CODE VIOLATIONS ENFORCEMENT LIEN AMNESTY PROGRAM; PROVIDING FOR THE REDUCTION OF CODE COMPLIANCE LIEN AMOUNTS; AUTHORIZING THE CITY MANAGER TO APPROVE SETTLEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.

12.6.Resolution No. R2023-05 Budget Amendment Property Insurance (Marcia Fennell, Chief Financial Officer & Francisco Rios, Human Resources & Risk Management Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA APPROVING A BUDGET AMENDMENT TO THE ANNUAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2022 TO SEPTEMBER 30, 2023, FOR THE LIABILITY SELF INSURANCE FUND; AND PROVIDING AN EFFECTIVE DATE.

12.7.Resolution No. R2023-06 Renaming NE 151 Street Irv David Boulevard (Mayor Anthony DeFillipo)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RENAMING A PORTION OF NORTHEAST 151 STREET BETWEEN BISCAYNE BOULEVARD AND WEST DIXIE HIGHWAY “IRV DAVID BOULEVARD”; AUTHORIZING THE CITY MANAGER TO ERECT PROPER SIGNAGE AND TO DO ALL THINGS NECESSARY TO IMPLEMENT THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

12.8.Resolution No. R2023-17 Award of RFP-22-029-MC Design Build for SCADA and Radio Telemetry System Improvements (WATR2009) (Andrea Suárez Abastida, PMP, NMB Water Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER WHO CONCURS WITH THE EVALUATION COMMITTEE AND APPROVING THE RANKING OF THE MOST HIGHLY QUALIFIED FIRMS THAT RESPONDED TO REQUEST FOR PROPOSALS RFP-22-029-MC DESIGN BUILD FOR SCADA AND RADIO TELEMETRY SYSTEM IMPROVEMENTS (WATR2009); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TOP-RANKED, MOST-QUALIFIED FIRM AND, IF NEGOTIATIONS ARE UNSUCCESSFUL, WITH THE NEXT HIGHEST RANKED FIRM SUCCESSIVELY AND AUTHORIZING THE CITY MANAGER TO EXPEND A BUDGETED AMOUNT NOT TO EXCEED $3,000,000; AND PROVIDING FOR AN EFFECTIVE DATE.

12.9.Resolution No. R2023-18 Active Design Guidelines (Kent Walia, Community Development Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, SUPPORTING THE IMPLEMENTATION OF ACTIVE DESIGN MIAMI: DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES AS DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN (MCAD); SUPPORTING STAFF’S EFFORTS TO INCORPORATE STRATEGIES INTO PLANNING FUNCTIONS WHERE FEASIBLE; AND PROVIDING FOR AN EFFECTIVE DATE.

12.10.Resolution No. R2023-19 Award of ITB-22-051-MC Corona del Mar Phase II - Lateral Connections (SEWR2006) (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-22-051-MC - CORONA DEL MAR PHASE II - LATERAL CONNECTIONS (SEWR2006); AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE AN AGREEMENT PLUMBER MIKES, INC. AND EXPEND AN BUDGETED AMOUNT UP TO BUT NOT TO EXCEED $927,731; 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.

12.11.Resolution No. R2023-20 Sergeant At Arms Repeal (Arthur H. Sorey, III, City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER OR DESIGNEE TO REPEAL THE POLICE DEPARTMENT’S SERGEANT-AT-ARMS DETAIL POLICY AND TERMINATE THE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE

12.12.Resolution No. R2023-26 Award of RFP-22-059-MC Oleta River Crossing Water Main Replacement - (WATR2007a) (Andrea Suárez Abastida, PMP, NMB Water Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER WHO CONCURS WITH THE EVALUATION COMMITTEE AND APPROVING THE RANKING OF THE MOST HIGHLY QUALIFIED FIRMS THAT RESPONDED TO REQUEST FOR PROPOSALS RFP-22-059-MC - OLETA RIVER CROSSING WATER MAIN REPLACEMENT - (WATR2007A); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TOP-RANKED, MOST-QUALIFIED FIRM AND, IF NEGOTIATIONS ARE UNSUCCESSFUL, WITH THE NEXT HIGHEST RANKED FIRM SUCCESSIVELY AND AUTHORIZING THE CITY MANAGER TO EXPEND A BUDGETED AMOUNT NOT TO EXCEED $1,000,000; AND PROVIDING FOR AN EFFECTIVE DATE.

12.13.Resolution No. R2023-27 Zoning in Progress - Multi-family Parking Regulations (Kent Walia, AICP, Community Development Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RECOGNIZING THAT THE CITY OF NORTH MIAMI BEACH IS CONSIDERING AMENDMENTS TO THE CITY’S ZONING AND LAND DEVELOPMENT CODE (ZLDC) WITH RESPECT TO INCREASING THE MINIMUM NUMBER OF REQUIRED PARKING SPACES FOR MULTI-FAMILY RESIDENTIAL AND MIXED-USE ZONING DISTRICTS; INVOKING THIS ZONING IN PROGRESS (ZIP) WITH RESPECT TO THE CITY’S ZLDC; PROVIDING THAT DURING THE PENDENCY OF THE CITY’S CONSIDERATION OF THESE AMENDMENTS, ALL SITE PLAN APPLICATIONS SUBMITTED AFTER THE EFFECTIVE DATE OF THIS RESOLUTION THAT REQUIRE MULTI-FAMILY PARKING WILL NOT BE PROCESSED UNTIL AFTER THE CITY ADOPTS NEW REGULATIONS; PROVIDING FOR A 180 DAY EXPIRATION OF THE ZIP UNLESS FURTHER EXTENDED; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.14.Resolution No. R2023-28 An Interlocal Agreement With Miami Dade County To Extend Trolley Services (David Scott, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING CITY STAFF TO NEGOTIATE AN INTERLOCAL AGREEMENT WITH MIAMI DADE COUNTY TO EXTEND TROLLEY SERVICES TO THE GOLDEN GLADES MULTI-MODAL TRANSPORTATION FACILITY AND AVENTURA MALL; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.15.Resolution No. R2023-29 Covenant for Maintenance with Miami Dade County for the Special Improvements along Harriet Tubman Highway (David Scott, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING CITY STAFF TO ENTER INTO A COVENANT FOR MAINTENANCE WITH MIAMI DADE COUNTY FOR THE SPECIAL IMPROVEMENTS ALONG HARRIET TUBMAN HIGHWAY FROM NE 164 STREET TO NE 173 STREET; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

13.BUSINESS TAX RECEIPTS - None
14.APPOINTMENTS
14.1.Appointing Commissioner Jay Chernoff as Vice Mayor effective February 22, 2023 (Andrise Bernard, MMC, City Clerk)
Per Code of Ordinances Chapter II, Section 2-2.1 - Vice Mayor
14.2.Reappointing Eric Isicoff to the Eastern Shores Security Guard Special Taxing District (Andrise Bernard, MMC, City Clerk)
14.3.Reappointing Fabio Nick to the Eastern Shores Security Guard Special Taxing District (Andrise Bernard, MMC, City Clerk)
14.4.Reappointing James Stamatis to the Eastern Shores Security Guard Special Taxing District (Andrise Bernard, MMC, City Clerk)
14.5.Reappointing Marc Einbinder to the Eastern Shores Security Guard Special Taxing District (Andrise Bernard, MMC, City Clerk)
14.6.Reappointing William Avila to the Eastern Shores Security Guard Special Taxing District (Andrise Bernard, MMC, City Clerk)
14.7.Reappointing Daniel Bakalarz to the Eastern Shores First Addition Security Guard Special Taxing District (Andrise Bernard, MMC, City Clerk)
14.8.Reappointing David Templer to the Eastern Shores First Addition Security Guard Special Taxing District (Andrise Bernard, MMC, City Clerk)
14.9.Reappointing Lior Sharabani to the Eastern Shores First Addition Security Guard Special Taxing District as an Alternate (Andrise Bernard, MMC, City Clerk)
14.10.Reappointing Allison Robie to the Public Utilities Commission (Andrise Bernard, MMC, City Clerk)
14.11.Appointing Jane Paglino to the Beautification Committee (Andrise Bernard, MMC, City Clerk)
14.12.Appointing Hubert Dube to the Code Enforcement Board (Andrise Bernard, MMC, City Clerk)
14.13.Appointing Dayanara Torres to the Code Enforcement Board (Andrise Bernard, MMC, City Clerk)
14.14.Appointing Rose Coriolan to the Multi-Cultural Committee (Andrise Bernard, MMC, City Clerk)
14.15.Appointing Wrendly Mesidor to the Multi-Cultural Committee (Andrise Bernard, MMC, City Clerk)
14.16.Appointing Julian Kreisberg to the Planning and Zoning Board (Andrise Bernard, MMC, City Clerk)
14.17.Appointing Gregory Thomas to the Planning and Zoning Board (Andrise Bernard, MMC, City Clerk)
14.18.Appointing Anthony Mazzone to the Public Utilities Commission (Andrise Bernard, MMC, City Clerk)
14.19.Appointing Wena Sutjapojnukul to the Public Utilities Commission (Andrise Bernard, MMC, City Clerk)
14.20.Appointing Wrendly Mesidor to the Redevelopment Advisory Board (Andrise Bernard, MMC, City Clerk)
14.21.Appointing Wena Sutjapojnukul to the Redevelopment Advisory Board (Andrise Bernard, MMC, City Clerk)
15.MISCELLANEOUS ITEMS - None
16.DISCUSSION ITEMS
16.1.Discussion Regarding The Frequency of Commission Meetings (Commissioner Jay Chernoff)
16.2.Discussion Regarding Commission Members' Aides (Commissioner Jay Chernoff)
16.3.Discussion Regarding Procedure/Policy for City Events, Commissioner Names and Pictures on Social Media, Handouts/Flyers, Favors, etc. (Commissioner Fortuna Smukler)
16.4.Discussion Regarding North Miami Beach Finances (Commissioner Phyllis Smith)
16.5.Support to not-for-profit 501(C) (3) in the City (Commissioner Phyllis Smith
17.CITY MANAGER'S REPORT- None
18.CITY ATTORNEY'S REPORT- None
19.CITY COMMISSION REPORTS
20.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, April 18, 2023
21.ADJOURNMENT