CITY OF NORTH MIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 2nd Floor
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, March 20, 2018
6:00 PM


Mayor George Vallejo
Vice Mayor Beth E. Spiegel

Commissioner Anthony F. DeFillipo

Commissioner Barbara Kramer

Commissioner Marlen Martell

Commissioner Phyllis S. Smith

Commissioner 

City Manager Ana M. Garcia, ICMA-CM
 City Attorney Jose Smith
 City Clerk Pamela L. Latimore, 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
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
5.1.Senator Daphne Campell District 38 (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)

7.CONSENT AGENDA
7.1.Resolution No. R2018-8 MobileSystems Security Software (William Hernandez, Chief of Police)
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 CDW GOVERNMENT, LLC FOR THE PURCHASE OF NETMOTION SOFTWARE IN AN ESTIMATED AMOUNT OF $66,435.00. 
7.2.Special Commission Meeting Minutes of February 5, 2018 (Pamela L. Latimore, CMC, City Clerk)
7.3.Regular Meeting Minutes of February 20, 2018 (Pamela L. Latimore, CMC, City Clerk)
7.4.Special Commission Meeting Minutes of February 22, 2018 (Pamela L. Latimore, CMC, City Clerk)
7.5.Resolution 2018-13 Resolution on Partnership Agreement with Gang Alternative, Inc. (Esmond K. Scott, Assistant City Manager)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA APPROVING A PARTNERSHIP AGREEMENT WITH GANG ALTERNATIVE, INC. TO PROVIDE PREVENTION AND INTERVENTION PROGRAMS TO THE NORTH MIAMI BEACH PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ALL ACTION NECESSARY TO EXECUTE THE PARTNERSHIP AGREEMENT.
7.6.Resolution R2018-25 Forfeiture (LETF) Appropriation Request (William Hernandez, Chief of Police)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE EXPENDITURE TOTALING AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED AND THIRTY THREE THOUSAND ($1,133,000.00) DOLLARS FROM THE FEDERAL JUSTICE LAW ENFORCEMENT TRUST FUND FOR TASK FORCE RELATED OVERTIME AND EXPENSES, POLICE TRAINING, RENTAL VEHICLES, FIREARMS TRAINING AMMUNITION, PURCHASE OF FIREARMS AND RIFLES, SOFTWARE, PURCHASE AND TRAINING FOR BOMB DETECTION AND PATROL/SEARCH K9, TECHNOLOGY, FENCING AND SECURITY FOR POLICE IMPOUND LOT, TASERS, EMERGENCY PREPAREDNESS EQUIPMENT, POLICE RADIOS, AND A ROBBERY AND FRAUD PREVENTION TASK FORCE, AS WELL AS AN  ADDITIONAL expenditure in a total amount not to exceed TWO HUNDRED FIFTY EIGHT THOUSAND ($258,000.00) DOLLARS FROM THE STATE/LOCAL LAW ENFORCEMENT TRUST FUND FOR UNDERCOVER CONFIDENTIAL OPERATIONS, A FUTURE LEADERS IN OUR YOUTH TEEN ENRICHMENT PROGRAM, YOUTH EMPOWERMENT PROGRAM, AND DEFY CAMP SPONSORSHIP; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE TOTAL BUDGETED, ESTIMATED ANNUAL EXPENDITURE OF ONE MILLION THREE HUNDRED AND NINETY ONE THOUSAND ($1,391,000.00) DOLLARS. 
7.7.Resolution R2018-27 Intergovernmental Cooperation Agreements By and Among Miami-Dade County Property Appraiser and Miami-Dade County Tax Collector and The City Commission of the City of North Miami Beach (Janette Smith, Finance Director)

 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ENTER INTO INTERLOCAL AGREEMENTS, BY AND AMONG, THE MIAMI-DADE COUNTY PROPERTY APPRAISER, THE MIAMI-DADE COUNTY TAX COLLECTOR, AND THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FOR THE ASSESSEMENT, COLLECTION, AND REMITTANCE OF NON AD VALOREM ASSESSMENTS FOR THE EASTERN SHORES SECURITY SPECIAL TAXING DISTRICT, AND THE EASTERN SHORES FIRST ADDITION SECURITY GUARD SPECIAL TAXING DISTRICT.


8.LEGISLATION
8.1.Resolution No. R2018-23, Fiscal Year 2018 Second Quarter Budget Amendment (Janette Smith, CPA, Finance 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, 2017, TO SEPTEMBER 30, 2018, FOR THE GENERAL FUND AND THE WATER FUND.
8.2.Resolution No. R2018-24 CH2M Hill Work Order Change Orders, (Jeffrey F. Thompson, P.E., Director of NMB Water)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING CHANGE ORDERS TO WORK ORDER 3, WORK ORDER 6, AND WORK ORDER 8, THEREBY AMENDING THE AGREEMENTS BETWEEN THE CITY OF NORTH MIAMI BEACH AND CH2M HILL ENGINEERING, INC., BY EXTENDING THE TIME FRAMES FOR COMPLETING WORK ORDERS 3, 6, AND 8, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE CHANGE ORDERS, AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE CHANGE ORDERS.
8.3.Resolution No. R2018-26 CH2M Hill Agreement Amendments to Exhibits (Jeffrey F. Thompson, P.E., Director of NMB Water)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE NMB WATER OPERATION, MAINTENANCE, AND PROGRAM MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH AND CH2M HILL ENGINEERS, INC.; PROVIDING FOR AN UPDATE OF EXHIBITS 16A, 17, 18 AND 29, COMPLETION OF EXHIBITS 19, 22 AND 24, AND AMENDING EXHIBIT 27; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE AMENDMENT TO THE AGREEMENT, AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE AMENDED AGREEMENT.
8.4.Ordinance No 2018-6 Development Agreement Ordinance(First Reading) (Richard Lorber, AICP, Community Development Director)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER XXIV “NORTH MIAMI BEACH ZONING AND LAND DEVELOPMENT CODE,” ARTICLE V, “ZONING USE DISTRICTS,” SECTIONS 24-58 “MIXED USE (MU) DISTRICT,” 24-58.1 “FULFORD MIXED-USE TOWN CENTER DISTRICT (MU/TC),” 24-58.2 “MIXED-USE EMPLOYMENT CENTER DISTRICT (MU/EC),” 24-58.3 “MIXED-USE EMPLOYMENT CENTER DISTRICT (MU/EC),” 24-58.4 “ARCH CREEK MIXED-USE CORRIDOR DISTRICT (MU/C),” 24-58.5 “SOUTHERN MIXED-USE WATERFRONT DISTRICT (MU/SWF),” 24-58.6 “NORTHERN MIXED-USE WATERFRONT DISTRICT (MU/NWF),” 24-58.7 “EASTERN MIXED-USE WATERFRONT DISTRICT (MU/EWF),” AND CREATING ARTICLE XIX “DEVELOPMENT AGREEMENTS” TO PROVIDE FOR THE REQUIRED PROCEDURE, CONTENTS, AND PUBLIC HEARINGS FOR DEVELOPMENT AGREEMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE. 
8.5.Ordinance No. 2018-7 Zoning Permitted Uses (First Reading) (Richard Lorber, Community Development Director)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, AMENDING THE CODE OF ORDINANCES, CHAPTER XXIV “NORTH MIAMI BEACH ZONING AND LAND DEVELOPMENT CODE”, ARTICLE II “DEFINITIONS”, SECTION 24-22 “DEFINITIONS” TO ADD DEFINITIONS FOR AUTOMOTIVE SALES AND RENTAL USES, BOAT AND MARINE USES, GAME ROOMS, SPORTS AND AMUSEMENT FACILITIES, LIGHT INDUSTRIAL USES, MECHANICAL AND AUTOMOTIVE EQUIPMENT SALES AND SERVICE, PERSONAL SERVICES USES, GENERAL RETAIL USES, AND WAREHOUSE AND DISTRIBUTION USES; AMENDING ARTICLE V “ZONING USE DISTRICTS” TO STREAMLINE AND CORRECT PERMITTED AND CONDITIONAL USES TO BE CONSISTENT WITH THE DEFINITIONS, ADDING CERTAIN USES TO THE PERMITTED AND CONDITIONAL USES LISTED IN THE B-1 LIMITED BUSINESS DISTRICT, B-2 GENERAL BUSINESS DISTRICT, B-3 INTENSIVE BUSINESS DISTRICT, B-4 DISTRIBUTION BUSINESS DISTRICT, B-5 DISTRIBUTION BUSINESS AND MEDIUM INDUSTRIAL DISTRICT, FULFORD MIXED-USE TOWN CENTER DISTRICT, MIXED-USE EMPLOYMENT CENTER DISTRICT, MIXED-USE NEIGHBORHOOD CENTER DISTRICT, ARCH CREEK MIXED-USE CORRIDOR DISTRICT, SOUTHERN MIXED-USE WATERFRONT DISTRICT, NORTHERN MIXED-USE DISTRICT, AND EASTERN MIXED-USE WATERFRONT DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE.
9.BUSINESS TAX RECEIPTS - None
10.APPOINTMENTS - None
11.MISCELLANEOUS ITEMS - None
12.CITY MANAGER'S REPORT
12.1.Resilient Utility Coalition Leadership Award (Jeffrey F. Thompson, P.E., Director of NMB Water)
12.2.NMB Transit/Trolley Update (Ana M. Garcia, ICMA-CM, City Manager)
13.CITY ATTORNEY'S REPORT
13.1.Litigation List as of March 20, 2018
14.MAYOR'S DISCUSSION
14.1.Good Governance: Adopted Policy vs Administrative Purview; Requests for Changes (Mayor Vallejo)
15.CITY COMMISSION REPORTS
16.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, April 17, 2018
17.ADJOURNMENT