CITY OF NORTH MIAMI BEACH
City Hall, Commission Chambers, 2nd Floor
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, July 18, 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 

Vice Mayor Jay R. Chernoff

Commissioner McKenzie Fleurimond

Commissioner Daniela Jean

Commissioner Michael Joseph

Commissioner Phyllis S. Smith

Commissioner Fortuna Smukler

 


 

City Manager Mario A. Diaz

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.Annual Comprehensive Financial Report (ACFR) for the Year Ended September 30, 2022 (Caballero Fierman Llerena & Garcia, LLP)
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 June 20, 2023 (Andrise Bernard, MMC, City Clerk)
9.2.Resolution No. R2023-48 State Attorney Office Reimbursement Agreement for Certain Municipal Violations (Mario A. Diaz, City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF THE STATE ATTORNEY PROSECUTION OF CERTAIN VIOLATIONS OF THE CITY CODE OF ORDINANCES; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.3.Resolution No. R2023-49 Purchase of Third Party Claim Services from Preferred Governmental Claim Solutions Inc. (Jacob Newman, Interim Human Resources & Risk Management Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A PIGGYBACK CONTRACT BETWEEN THE CITY AND PREFERRED GOVERNMENT CLAIM SOLUTIONS, INC (PGCS) FOR THIRD PARTY CLAIM SERVICES IN AN ESTIMATED ANNUAL EXPENDITURE OF $57,750.00, USING THE CITY OF RIVIERA BEACH, FLORIDA’S CONTRACT WITH PGCS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.4.Resolution No. R2023-50 Approving Task Order for Highland Village Stormwater Improvements Phase II for EAC Consulting, Inc (David Scott, Public Works Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA (“CITY”), APPROVING A TASK ORDER FOR HIGHLAND VILLAGE STORMWATER IMPROVEMENTS – PHASE II IN THE AMOUNT OF $272,789.00, UNDER THE “CONTINUING SERVICES AGREEMENT” WITH EAC CONSULTING, INC FOR PROFESSIONAL CONSULTING SERVICES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER ERRORS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

9.5.Resolution No. R2023-51 To Approve Merit Increase for Non-Bargaining Employees (Jacob Newman, Interim Human Resources & Risk Management Director)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA (“CITY”), APPROVING IMPLEMENTATION OF THE BUDGETED FISCAL YEAR MERIT INCREASE FOR ELIGIBLE NON-BARGAINING EMPLOYEES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER ERRORS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

10.QUASI-JUDICIAL LEGISLATION - None
11.LEGISLATION
11.1.Ordinance No. 2023-01 (Second and Final Reading) Moving Quorum and Ethical Duty to Remain at City Commission Meetings to Article X Code of Ethics (Commissioner Fortuna Smukler)

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 TO 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. 
 

11.2.Resolution No. R2023-52 Calling for a Special Election (Andrise Bernard, MMC, City Clerk)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, SCHEDULING A SPECIAL ELECTION TO FILL THE OFFICE OF MAYOR; SETTING OCTOBER 10, 2023, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING AUGUST 21, 2023 AT 8:00 A.M. THROUGH AUGUST 25, 2023 AT 5:00 P.M. AND SATURDAY AUGUST 26 FROM 8:00 A.M. TO 12:00 P.M. AS THE TIME TO QUALIFY THEREFORE; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THIS RESOLUTION’S ADOPTION AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS.
11.3.Resolution No. R2023-53 Establishing the Proposed Millage Rate for Fiscal Year 2024 (Sheron Stewart, Budget Administrator)

A RESOLUTION OF THE  MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE FOR FISCAL YEAR 2023/2024, THE CALCULATED "ROLLED-BACK" RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY LAW; DIRECTING THE CITY CLERK AND CITY MANAGER TO TRANSMIT THIS RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY PURSUANT TO THE REQUIREMENTS OF SECTION 200.065, FLORIDA STATUTES, AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE FOR THE STATE OF FLORIDA; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS
13.1.Appointing Daniela Jean as Vice Mayor effective July 21, 2023 (Andrise Bernard, MMC City Clerk)
 Per Code of Ordinances Chapter II, Section 2-2.1 Vice Mayor
13.2.Appointing Ran Ben David as an Alternate to the Eastern Shores Security Guard Special Taxing District Board (Andrise Bernard, MMC, City Clerk)
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.Sanitation Insourcing (Commissioner Michael Joseph)
15.2.City Legal Services via Recruitment or Competitive Bidding Process (Mario Diaz, City Manager)
15.3.Forensic Audit of the City's Fiscal Activities via Financial Consulting Firm (Mario Diaz, City Manager)
16.CITY MANAGER'S REPORT
16.1.City Charitable Donations Policy
17.CITY ATTORNEY'S REPORT
17.1.Engagement of Outside Counsel - State of Florida Opioid Litigation adv. to Walmart
18.MAYOR'S DISCUSSION
19.CITY COMMISSION REPORTS
20.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, August 15, 2023
21.ADJOURNMENT