CITY OF NORTH MIAMI BEACH
City Hall, Commission Chambers, 2nd Floor
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, May 16, 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 Jay Chernoff

Commissioner McKenzie Fleurimond

Commissioner Daniela Jean

Commissioner Michael Joseph

Commissioner Phyllis S. Smith

Commissioner Fortuna Smukler

 


 

Interim City Manager Mark Antonio

Interim City Attorney John Herin 


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.PRESENTATIONS / DISCUSSIONS
5.1.Proclamation Recognizing Mystic Force Foundation Hero Week - Heroes Hangout (Mayor Anthony DeFillipo)
5.2.Proclamation Recognizing Julia and Charlotte Krass (Commissioner Fortuna Smukler)
5.3.Key Presentation Honoring Former Commissioner Barbara Kramer (Mayor Anthony DeFillipo)
5.4.Proclamation Recognizing Michele-Jessica Fievre (Commissioner Daniela Jean)
5.5.Recognizing Nancy Donohue as the "November 2022" Woman of the Month (Commissioner Fortuna Smukler)
5.6.Recognizing Susan Sandness as the "December 2022" Woman of the Month (Commissioner Fortuna Smukler)
5.7.Proclamation Recognizing Joshua Ho (Commissioner Daniela Jean)
6.PUBLIC HEARINGS
6.1.Public Hearing to Determine Whether Commissioner Michael Joseph Should Be Removed From Office For Being In Violation of Section 2.5 of the City of North Miami Beach City Charter
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 Commission Meeting Minutes of April 18, 2023 (Andrise Bernard, MMC, City Clerk)
10.2.Regular Commission Meeting Minutes of April 27, 2023 (Andrise Bernard, MMC, City Clerk
10.3.Resolution No. R2023-37 Purchase of Outdoor Fitness Equipment from Greenfield's Outdoor Fitness, 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 GREENFIELDS OUTDOOR FITNESS, INC., FOR THE PURCHASE OF OUTDOOR FITNESS EQUIPMENT ALONG SNAKE CREEK CANAL; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND INCREASE IN EXPENDITURE OF $258,300; AND PROVIDING AN EFFECTIVE DATE.

10.4.Resolution No. R2023-38 The Children's Trust Youth Development Grant (Lynnetta Jackson, Grants & Special Projects Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT ONE (1) GRANT AWARD FROM THE CHILDREN'S TRUST OF MIAMI-DADE COUNTY ("THE CHILDREN'S TRUST") IN AN ESTIMATED AMOUNT OF $580,000; AND, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE AN AGREEMENT AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF ACCEPTANCE OF THE GRANT FUNDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO ANY FUTURE RENEWALS AND ACCEPT ANY AND ALL FUTURE GRANT FUNDS PURSUANT TO THOSE RENEWALS; AND PROVIDING FOR AN EFFECTIVE DATE.

10.5.Resolution No. R2023-39 Purchase of Additional School Crossing Guard Services from NextStaff (Harvette Smith, Chief of Police)

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 THE BUTLER GROUP OF SOUTH FLORIDA, LLC dba NEXTAFF FOR SCHOOL CROSSING GUARD SERVICES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

10.6.Resolution No. R2023-40 Purchase of Additional Police Fleet Vehicles from Bartow Ford (Harvette Smith, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN INCREASE IN EXPENDITURE WITH BARTOW FORD FOR THE PURCHASE OF SEVEN (7) DUTY FLEET VEHICLES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

10.7.Resolution No. R2023-41 Purchase of Additional First Aid Supplies and AED Maintenance Services from Cintas Corp (Andrew Bejel, Human Resources 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 CINTAS CORPORATION NO.2 FOR AUTOMATED EXTERNAL DEFIBRILLATORS (AED) EQUIPMENT, FIRST AID SUPPLIES, MAINTENANCE & TRAINING; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

10.8.Resolution No. R2023-42 Purchase of Additional Annexation Consulting Services (Mark Antonio, Interim City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN INCREASE IN EXPENDITURE WITH PANTIN GOV, LLC FOR ANNEXATION CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND AN ADDITIONAL EXPENDITURE OF $21,000; AND TO EXTEND THE AGREEMENT SUBJECT TO APPROVED BUDGET APPROPRIATION AND AVAILABILITY OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE.

11.QUASI-JUDICIAL LEGISLATION - None
12.LEGISLATION
12.1.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.

12.2.Ordinance No. 2023-02 (Second and Final Reading) Administrative Site Plan Process (Edward Ng, Interim 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.

12.3.Ordinance No. 2023-03 (First Reading) Sediment and Erosion Control (David Scott, Acting Assistant City Manager)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XXIV ZONING AND LAND DEVELOPMENT ARTICLE XII ENVIRONMENTAL REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, TO CREATE A NEW SECTION 24-140 ENTITLED “SEDIMENT AND EROSION CONTROL” TO ESTABLISH SOIL EROSION AND SEDIMENTATION CONTROL AS AN ONGOING PRIORITY AND SHALL ESTABLISH SOIL EROSION AND SEDIMENTATION CONTROL FEES FOR MAINTENANCE AND REPAIR OF DRAINAGE STRUCTURES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.4.Ordinance No. 2023-04 (First Reading) Sediment and Erosion Control Enforcement (David E Scott, Acting Assistant City Manager)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XVII STREETS AND SIDEWALKS OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, TO ESTABLISH SOIL EROSION AND SEDIMENTATION CONTROL AS AN ONGOING PRIORITY AND SHALL ESTABLISH SOIL EROSION AND SEDIMENTATION CONTROL ENFORCEMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.5.Ordinance No. 2023-05 (First Reading) Illicit Discharge Disposal (David E Scott, Acting Assistant City Manager)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH AMENDING CHAPTER XX STORMWATER OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, TO CREATE A NEW SECTION 20-4 ENTITLED “ILLICIT DISCHARGE AND IMPROPER DISPOSAL” TO ESTABLISH METHODS FOR CONTROLLING THE INTRODUCTION OF POLLUTANTS INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TO COMPLY WITH REQUIREMENTS OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROCESS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.6.Ordinance No. 2023-06 (First Reading) NMB Management Pension Restoration of Benefits (John R. Herin, Jr., Interim City Attorney)

AN ORDINANCE OF THE CITY OF NORTH MIAMI BEACH, FLORIDA AMENDING THE RETIREMENT PLAN AND TRUST FOR THE GENERAL MANAGEMENT EMPLOYEES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ADOPTION AGREEMENT, ADMINISTERED BY THE FLORIDA LEAGUE OF CITIES; RESTORING PENSION BENEFITS FOR A CERTAIN GENERAL MANAGEMENT EMPLOYEE WHO WAS A MEMBER OF THE PLAN ON JANUARY 31, 2013 AND HAS REMAINED CONTINUOUSLY EMPLOYED AS A MANAGEMENT EMPLOYEE; RESTORING THE 3% MULTIPLIER; RESTORING THE AUTOMATIC COST OF LIVING ADJUSTMENT; RESTORING THE NORMAL RETIREMENT DATE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER’S ERRORS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

13.BUSINESS TAX RECEIPTS - None
14.APPOINTMENTS
14.1.Reappointing Bruce Lamberto to the Public Utilities Commission (Andrise Bernard, MMC, City Clerk)
14.2.Reappointing Dianne Raulson to the Public Utilities Commission (Andrise Bernard, MMC, City Clerk)
14.3.Reappointing Larry Shinbaum to the Planning and Zoning Board (Andrise Bernard, MMC, City Clerk)
14.4.Reappointing Daniel Heisler to the Planning and Zoning Board (Andrise Bernard, MMC, City Clerk)
14.5.Reappointing Mark St. Vil to the Planning and Zoning Board (Andrise Bernard, MMC, City Clerk)
14.6.Reappointing Magdalena Ammirati to the Public Utilities Commission (Andrise Bernard, MMC, City Clerk)
14.7.Appointing Ruth Ogen to the Economic Development Commission (Andrise Bernard, MMC, City Clerk)
15.MISCELLANEOUS ITEMS - None
16.DISCUSSION ITEMS
16.1.Discussion Regarding Commission Members' Aides (Commissioner Phyllis Smith)
16.2.Discussion Regarding Procedure/Policy for City Events, Commissioner Names and Pictures on Social Media, Handouts/Flyers, Favors, etc. (Commissioner Fortuna Smukler)
16.3.Discussion Regarding Recap of Misuse Spending (Commissioner Phyllis Smith)
16.4.Support to Not-for-Profit 501(C) (3) in the City (Commissioner Phyllis Smith
16.5.Discussion Regarding having a Forensic Audit (Commissioner Phyllis Smith)
17.CITY MANAGER'S REPORT- None
18.CITY ATTORNEY'S REPORT- None
19.MAYOR'S DISCUSSION
20.CITY COMMISSION REPORTS
21.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, June 20, 2023
22.ADJOURNMENT