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 21, 2017
6:00 PM


Mayor George Vallejo
Vice Mayor Marlen Martell

Commissioner Anthony F. DeFillipo

Commissioner Barbara Kramer

Commissioner Beth E. Spiegel
Commissioner Frantz Pierre
Commissioner Phyllis Smith

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.Legislative Update (Sally Heyman, Miami-Dade County Commissioner)
5.2.Recognizing North Miami Beach Senior High School 5000 Role Model Scholars (Mayor George Vallejo)
5.3.Introduction of Police Officers Corey Darden and Marie Noel (William Hernandez, Chief of Police)
5.4.Promotion of Officer Alexander Capote to Police Sergeant (William Hernandez, Chief of Police)
5.5.Sergeant William Beauparlant for his work with the Attorney General’s (William Hernandez, Chief of Police)
5.6.Presentation of Recognition to Mrs. Mercy Hernandez and The Edge Charitable Foundation (Ana M. Garcia, City Manager)
5.7.Proclamation for National Library Week (Edenia Hernandez, City Librarian)
5.8.Recognizing Heart Health Walk 2017 Sponsors

The City of North Miami Beach and The Commission on the Status of Women, Beth E. Spiegel, Liaison hosted the 4th annual Heart Health Walk on Saturday, February 25, 2017.  Commissioner Spiegel would like to recognize the event's Presenting Sponsor - "Macken" and the Official Sponsors: Voda, SDG, Florida Blue, Dezer, Wigley Feet, Afin, Mt. Sinai and NMB CRA for their dedication to the City of North Miami Beach and its residents.         

5.9.Recognizing Heart Health Walk Participants: NMB Key Club, SunDevils, & NMB PAL Program
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.APPOINTMENTS
7.1.Appointing Norman Edwards to Planning and Zoning Board (Pamela Latimore, City Clerk, CMC)
Commissioner Spiegel nominating Norman Edwards to the Planning and Zoning Board filling the vacancy for a term to expire November 2018.
8.CONSENT AGENDA
8.1.Regular Commission Meeting Minutes of February 21, 2017 (Pamela L. Latimore, City Clerk, CMC)
8.2.Resolution R2017-24 Continuing Architectural and Engineering Services Approval Limits (Jeffrey Thompson, P.E., Director of Public Utilities)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENGAGE THE NINETEEN (19) PRE-QUALIFIED ARCHITECTURAL AND ENGINEERING SERVICE FIRMS APPROVED UNDER RESOLUTION R2014-15, AND PROCURED IN ACCORDANCE WITH THE CONSULTANTS’ COMPETITIVE NEGOTIATION ACT, SECTION 287.055, FLORIDA STATUTES FOR CONSTRUCTION PROJECTS IN WHICH THE BASIC CONSTRUCTION COST DOES NOT EXCEED $2,000,000.00 PER PROJECT, OR FOR STUDY, CONSULTING, AND PROFESSIONAL SERVICE ACTIVITIES FOR WHICH THE FEE DOES NOT EXCEED $200,000.00 PER PROJECT; AND AUTHORIZING THE CITY MANAGER TO DEVELOP AND INITIATE THE PROCESS TO ISSUE A NEW REQUEST FOR QUALIFICATIONS SEEKING QUALIFIED ARCHITECTURAL AND ENGINEERING FIRMS FOR CONTINUING SERVICES AS SOON AS PRACTICABLE.
8.3.Resolution 2017-25 Unleaded Gasoline and Diesel Fuel (William Hernandez, Chief of Police)

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 OF UNLEADED GASOLINE AND DIESEL FUEL; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE BUDGETED, ESTIMATED REMAINING FY 2017 EXPENDITURE OF $250,000.00 AND THEREAFTER ESTIMATED ANNUAL EXPENDITURE OF $500,000.00, AS APPROVED IN THE BUDGET APPROPRIATION PROCESS.   

8.4.Resolution 2017-26 Raven Security Services, Security Guard Services (William Hernandez, Chief of Police)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A PURCHASE ORDER BETWEEN RAVEN PROTECTION SERVICES, INC AND THE CITY OF NORTH MIAMI BEACH, FOR SECURITY GUARD SERVICES AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE BUDGETED, ESTIMATED ANNUAL EXPENDITURE OF $127,000.00.   

8.5.Resolution 2017-27 Ricoh USA, Inc. Police Department Copier Lease (William Hernandez, Chief of Police)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A PURCHASE ORDER BETWEEN RICOH USA, INC. AND THE CITY OF NORTH MIAMI BEACH, FOR COPIERS, PRINTERS AND MULTI-FUCTIONAL PRINTERS AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE BUDGETED, ESTIMATED ANNUAL EXPENDITURE OF $40,953.33 IN FISCAL YEAR 2017, $40,953.33 IN FISCAL YEAR 2018 AND $40,953.33 IN FISCAL YEAR 2019, AS APPROVED IN THE BUDGET APPROPIRATIONS PROCESS FOR A TOTAL ESTIMATED AMOUNT OF $122,860.00.

8.6.Resolution R2017-29 City Attorney's Contract (Jose Smith, City Attorney)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, RELATING TO THE PERFORMANCE EVALUATION OF THE CITY ATTORNEY; RECEIVING THE CITY ATTORNEY' S PERFORMANCE EVALUATION REPORT; AND, IN CONSIDERATION OF THE CITY ATTORNEY' S EXEMPLARY PERFORMANCE DURING THE CONTRACT YEARS FROM, MAY 29, 2014, THROUGH MARCH 21, 2017, GRANTING A COST OF LIVING ADJUSTMENT (“COLA”) OF THREE (3%) PERCENT, EFFECTIVE ON MAY 29, 2017, EXTENDING THE CITY ATTORNEY'S CONTRACT OF EMPLOYMENT, DATED MAY 29, 2014, FOR AN ADDITIONAL THREE (3) YEAR TERM, COMMENCING UPON THE EXPIRATION OF SAID CONTRACT; FURTHER AMENDING THE CITY ATTORNEY'S EMPLOYMENT CONTRACT PURSUANT TO TERM SHEET ATTACHED HERETO. 

8.7.Resolution 2017-30 CivicPlus Website Design Services, Annual Hosting and Management Services (Nicole Gomez, Chief of Staff)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A PURCHASE ORDER BETWEEN ICON ENTERPRISES, INC D/B/A, CIVICPLUS AND THE CITY OF NORTH MIAMI BEACH, FOR WEBSITE DESIGN SERVICES AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE BUDGETED, ESTIMATED ANNUAL EXPENDITURE OF $49,421.00.

8.8.Resolution R2017-31 Pérez Art Museum Miami (PAMM) Inside|Out Program (Edenia Hernadnez, City Librarian)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE 2017 INSIDE/OUT INSTALLATION AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH AND THE JORGE M. PÉREZ ART MUSEUM OF MIAMI-DADE COUNTY, INC.
8.9.R2017-33 Resolution approving addendum to SDG ownership (Candido Sosa-Cruz, Deputy City Manager)
A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA APPROVING AN AMENDMENT TO THE OWNERS AND OWNERSHIP INTERESTS OF SOCCER DEVELOPMENT GROUP, LLC; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF APPROVING THE AMENDMENT TO THE OWNERS AND OWNERSHIP INTERESTS.
8.10.R2017-34 Neat Street Miami 2017 Tree Matching Grant(Esmond Scott, Asst. City Manager)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING SUBMISSION FOR FISCAL YEAR 2016/2017 MIAMI-DADE COUNTY PARKS, RECREATION, AND OPEN SPACES DEPARTMENT STREET TREE MATCHING GRANT PROGRAM IN THE APPROXIMATE AMOUNT OF $19,500.00 FOR USE TOWARDS PLANTING TREES ALONG TRANSPORTATION CORRIDORS IN THE CITY; AND AUTHORIZING THE APPROPRIATION AND FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF ACCEPTANCE OF THE GRANT FUNDS.
8.11.Resolution R2017-35 Supporting Miami-Dade County TPO SMART PLAN (Candido Sosa-Cruz, Deputy City Manager)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA SUPPORTING THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION'S ("TPO") TRANSIT EXPANSION THROUGH THE STRATEGIC MIAMI AREA RAPID TRANSIT ("SMART") PLAN, PRIORITIZING THE NORTHEAST CORRIDOR AND URGING THE TPO AND MIAMI-DADE COUNTY TO PURSUE CREATIVE FUNDING SOLUTIONS TO IMPLEMENT THE SMART PLAN.


8.12.Resolution 2017-36 Authorizing Station Planning Grant (Richard Lorber, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE SUBMISSION AND ACCEPTANCE OF THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, SOUTH FLORIDA REGIONAL PLANNING COUNCIL, AND TREASURE COAST REGIONAL PLANNING COUNCIL GRANT APPLICATION FOR THE SOUTH FLORIDA REGIONAL TRANSIT ORIENTED DEVELOPMENT PILOT PROGRAM IN AN AMOUNT NOT TO EXCEED $51,250.00; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF ACCEPTANCE OF THE GRANT FUNDS.
9.CITY MANAGER'S REPORT
9.1.Youth Symposium - Stand for Nothing, Fall for Anything (Esmond K. Scott, Assistant City Manager)
Friday, March 24, 2017 from 9:00 a.m. - 1:00 p.m.
9.2.NMB PAL Farm Share (William Hernandez, Chief of Police)
Friday, March 24, 2017 at Allen Park located at 1770 NE 162 Street from 10:00 a.m. to 1:00 p.m.
9.3.Brian Lynch - Jazz Appreciation Month Concert (Esmond K. Scott, Assistant City Manager)
Saturday, April 15, 2017 8:00pm
9.4.NMB PAL Inaugural Charity Golf Classic (William Hernandez, Chief of Police)

Friday, April 28, 2017 at the Miami Shores Country Club located at 10000 Biscayne Blvd., Miami Shores, FL 33138. Registration begins at 11:30 a.m.

9.5.Update on the NMB Trolley (Esmond K. Scott, Assistant City Manager)

On Sunday, April 9, 2017 at 2pm,  the three new “old town” style trolley vehicles will be unveiled during a ceremony in front of City Hall. This will be an exciting event where residents, County transportation and City officials, and staff will have the opportunity to partake in a wonderful debut of new vehicles and celebrate our enhanced NMB Line and additional routes. 

9.6.Update on the FPL Wall (Esmond K. Scott, Assistant City Manager)

The FPL Substation Wall on the westernmost end of the City is now complete with an attractive mural that welcomes everyone to the City of North Miami Beach.  On Sunday April 9, 2017, immediately following the 2pm ribbon cutting to unveil our new trolleys and enhanced NMB line, we will proceed to the FPL Wall to officially present this most traveled, and significant gateway to all.  

9.7.Update on the Fulford Fountain (Fernando Rodriguez, Director of Public Works)

The grant agreement with the state for the restoration and enhancement of the Fulford Monument has been executed. This must be competitively bid as a condition of the grant. Public Works is currently working with Procurement on the associated RFQ, which is expected to be publicized shortly.

10.CITY ATTORNEY'S REPORT
10.1.Litigation List (Jose Smith, City Attorney)
Litigation List as of March 21, 2017
11.MAYOR'S DISCUSSION
12.MISCELLANEOUS ITEMS - None
13.BUSINESS TAX RECEIPTS - None
14.LEGISLATION
14.1.Resolution R2017-32 Fence Height Variance (Justin Proffitt, Planning & Zoning Manager, and Mario Duron, Jr., Associate Planner)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, GRANTING A VARIANCE FROM CHAPTER XXIV, ARTICLE VIII, SECTION 24-80, ENTITLED “FENCES, WALLS, AND HEDGES”, SPECIFICALLY GRANTING A VARIANCE FROM SECTION 24-80(C)(3)(a) TO PERMIT A FENCE HEIGHT OF SIX (6) FEET IN THE FRONT YARD SETBACK, WHERE ONLY FOUR (4) FEET IS ALLOWED, ON THE PROPERTY LOCATED AT 19300 NE 22 AVENUE, NORTH MIAMI BEACH, FLORIDA.

14.2.Ordinance No. 2017-3 Official Seal of the City, First Reading (Jose Smith, City Attorney)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER II STRUCTURE OF CITY GOVERNMENT, SPECIFICALLY SECTION 2-73.1 ENTITLED “OFFICIAL SEAL OF THE CITY” TO INCLUDE CITY LOGOS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE. 

14.3.Ordinance No. 2017-4 Nominations Public Utilities Commission and Planning & Zoning Board, First Reading (Jeff Thompson, Director of Public Utilities and Richard Lorber, Director of Community Development and Planning & Zoning)

 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER II STRUCTURE OF CITY GOVERNMENT, SPECIFICALLY ARTICLE VII BOARDS, COMMITTEES AND COMMISSIONS, SECTIONS 2-55.2 ENTITLED “MEMBERSHIP; VACANCIES, CHAIRPERSON, QUORUM” AND 2-67.3 “MEMBERSHIP; QUALIFICATION OF MEMBERS AND FINANCIAL DISCLOSURE” TO PROVIDE THAT VACANCIES ON THE PUBLIC UTILITIES COMMISSION AND PLANNING AND ZONING BOARD SHALL HAVE NOMINATIONS MADE WITHIN TWO REGULARLY SCHEDULED CITY COMMISSION MEETINGS, AND IF NO NOMINATION IS MADE, A MAJORITY OF THE COMMISSION SHALL MAKE THE NOMINATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE. 

15.CITY COMMISSION REPORTS
16.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, April 18, 2017
17.ADJOURNMENT