CITY OF NORTH MIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 2nd Floor
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, June 18, 2019
6:00 PM


Mayor Anthony F. DeFillipo

Vice Mayor Paule Villard

Commissioner McKenzie Fleurimond

Commissioner Michael Joseph

Commissioner Barbara Kramer

Commissioner Phyllis S. Smith

Commissioner Fortuna Smukler

City Manager Esmond K. Scott
City Attorney Sarah Johnston
Interim City Clerk Andrise Bernard, 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
Rabbi Zev Roth, Yeshiva Toras Chaim Toras Emes
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
5.1.Comprehensive Annual Financial Report (Janette Smith, CPA, Interim Assistant City Manager)
5.2.Special Events and Announcements (Greg Williams, Chief of Staff)
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.Special Commission Meeting Minutes of May 16, 2019 (Andrise Bernard, CMC, Interim City Clerk)
7.2.Regular Commission Meeting Minutes of May 21, 2019 (Andrise Bernard, CMC, Interim City Clerk)
7.3.Regular Commission Meeting Minutes of May 23, 2019 (Andrise Bernard, CMC, Interim City Clerk)
7.4.Resolution R2019-47 Purchase and Installation of Automated License Plate Readers (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 MILLENIUM PRODUCTS, INCORPORATED FOR THE PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE READERS IN AN ESTIMATED BUDGETED AMOUNT OF $111,527.07; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

7.5.Resolution R2019-48 Allen Park Athletic Fields Sod Replacement (Andrew Plotkin, Director of Parks and Recreation)

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 MULLINGS ENGINEERING SERVICES, LLC, FOR FIELD RENOVATION SERVICES INCLUDING TOPSOIL REMOVAL, EARTHWORK AND THE PURCHASE AND INSTALLATION OF SOD AT ALLEN PARK IN AN ESTIMATED BUDGETED AMOUNT OF $129,760, AND PROVIDING FOR AN EFFECTIVE DATE.

7.6.Resolution R2019-49 Appointment of Special Magistrate Gilbert Squires, Esq. (Justin Proffitt, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ACCEPTING, PURSUANT TO SECTION 14-8 OF THE CITY’S CODE OF ORDINANCES, THE CITY MANAGER’S RECOMMENDATION TO RE-APPOINT GILBERT SQUIRES, ESQ. TO SERVE AS SPECIAL MAGISTRATE, THROUGH JULY 31, 2020, TO HEAR CODE VIOLATION MATTERS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY'S CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.

7.7.Resolution R2019-50 Appointment of Special Magistrate Steven H. Rothstein (Justin Proffitt, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ACCEPTING, PURSUANT TO SECTION 14-8 OF THE CITY’S CODE OF ORDINANCES, THE CITY MANAGER’S RECOMMENDATION TO RE-APPOINT STEVEN H. ROTHSTEIN, ESQ. THROUGH JULY 2020, TO SERVE AS SPECIAL MAGISTRATE TO HEAR CODE VIOLATION MATTERS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY’S CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.

7.8.Resolution R2019-51 Pre-Qualification List - Body Work, Collision Damage Repair and Painting (Judeen Johnson, Director of Public Works)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND PRE-QUALIFIED VENDORS PURSUANT TO REQUEST FOR QUALIFICATIONS (“RFQ”) 19-042-JL “BODY WORK, COLLISION DAMAGE REPAIR AND PAINTING” ON AS NEEDED BASIS, IN AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $80,000.

7.9.Resolution R2019-53 Travel Waiver FMAA and FLOC Conferences (Mayor and City Commission)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, WAIVING THE PROHIBITIONS IN SECTION 2-11.1(w) OF THE MIAMI-DADE COUNTY CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE, AND APPROVING ACCEPTANCE OF THE PAYMENT OF CERTAIN TRAVEL EXPENSES LIMITED TO MEALS AND INCIDENTALS INCLUDED AS PART OF CONFERENCE ATTENDANCE.

7.10.Resolution R2019-54 FBI MOU (William Hernandez, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (“FBI”) AND THE CITY OF NORTH MIAMI BEACH FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL BENEFITS BETWEEN THE CITY AND THE FBI MIAMI CHILD EXPLOITATION AND HUMAN TRAFFICKING TASK FORCE; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE AFOREMENTIONED AGREEMENTS.

7.11.Resolution R2019-55 Lien Mitigation Settlement - 17891 NE 19 Avenue (Justin Proffitt, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO MITIGATE, SATISFY AND EXECUTE LIEN RELEASES IN SETTLEMENT OF CODE ENFORCEMENT LIENS FOR CODE VIOLATIONS ON THE PROPERTY LOCATED AT 17891 NE 19 AVENUE, NORTH MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $5,000.

8.LEGISLATION
8.1.Resolution R2019-52 Capri Tower (Justin Proffitt, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, GRANTING SITE PLAN APPROVAL TO CONSTRUCT AN APPROXIMATELY 513,347 SQUARE FOOT, FIFTEEN-STORY MULTIFAMILY DEVELOPMENT, ON A 1.74 ACRE LOT, CONSISTING OF 259 RESIDENTIAL DWELLING UNITS AND 396 PARKING SPACES ON PROPERTY LOCATED AT 13899 BISCAYNE BOULEVARD, NORTH MIAMI BEACH, FLORIDA; AND GRANTING A NON-USE VARIANCE FROM SECTION 24-58(R)(2) OF THE ZONING AND LAND DEVELOPMENT CODE TO PERMIT THE FOURTH LEVEL OF THE BUILDING TO HAVE A FLOOR TO CEILING HEIGHT OF FIFTEEN (15) FEET, WHERE TWELVE (12) FEET IS THE MAXIMUM HEIGHT ALLOWED; AND PROVIDING FOR AN EFFECTIVE DATE.

8.2.Ordinance No. 2019-02 Living Wage Requirements for City Employees and Service Contracts (Second and Final Reading) (Sarah Johnston, City Attorney)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING CHAPTER III “PURCHASING” OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, SPECIFICALLY, SECTION 3-3 “FORMAL CONTRACT PROCEDURES”, SUBSECTION 3-3.1 “PROCEDURE REQUIREMENT” TO REFERENCE LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND AMENDING CHAPTER V “HUMAN RESOURCES” TO ADD SECTION 5-3 “LIVING WAGE REQUIREMENTS FOR CITY EMPLOYEES AND SERVICE CONTRACTS”  TO PROVIDE THAT COVERED CITY EMPLOYEES SHALL BE PAID A LIVING WAGE BEGINNING WITH FISCAL YEAR 2020 AND NEW SERVICE CONTRACTS AWARDED AFTER SEPTEMBER 30, 2021, AND WHICH MEET CERTAIN CRITERIA SHALL BE SUBJECT TO PAYMENT OF A LIVING WAGE; PROVIDING FOR IMPLEMENTATION, ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.

8.3.Ordinance No. 2018-14 Code of Ethics (First Reading) (Sarah Johnston, City Attorney)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING CHAPTER II OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ENTITLED "STRUCTURE OF CITY GOVERNMENT" BY CREATING ARTICLE X “CODE OF ETHICS” TO ADD SECTIONS 2-79 “CODE OF ETHICS ADOPTED,” “2-79.1 “CODE OF ETHICS GENERALLY,” 2-79.2 “DEFINITIONS,” 2-79.3 “DISCLOSURES,” 2-79.4 “GIFTS,” 2-79.5 “CERTAIN APPEARANCES PROHIBITED,” 2-79.6 “FUNDRAISING RESTRICTIONS,” 2-79.7 “CONE OF SILENCE,” SECTION 2-79.9 “TRAVEL POLICY FOR ELECTED OFFICIALS,” SECTION 2-79.10 “CHARITABLE DONATION AND SOLICITATION POLICY FOR ELECTED OFFICIALS,” SECTION 2-79.11 “MANDATORY ETHICS TRAINING,” SECTION 2-79.12 “CITY ATTORNEY TO RENDER OPINIONS ON REQUEST” SECTION 2-79.13 “JURISDICTION, ENFORCEMENT AND PENALTY,” AND MOVING SECTION 2-78 “LOBBYING” TO 2-79.8 “LOBBYING”; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.

9.BUSINESS TAX RECEIPTS - None
10.APPOINTMENTS
10.1.Reappointing Michael Cooper to the Education Committee (Andrise Bernard, CMC, Interim City Clerk)
11.MISCELLANEOUS ITEMS
Attorney-Client Session CNMB v. Frantz Pierre
12.DISCUSSION ITEMS
12.1.Discussion Chapter 2 Amendments (Mayor and Commission)
Brief discussion for consideration of future amendment to Chapter 2 of the Code of Ordinances. 
12.2.Discussion Regarding the Interim City Clerk (Commissioner Fortuna Smukler)
12.3.We Care to Share Program (Jafeth Baez P.E., MSCE, Director of NMB Water and Samuel Zamacona, Deputy Director of NMB Water)
12.4.Utility Fee Assistance Program, Home Improvement Assistance Program, Vacant Commercial Property Program (Esmond K. Scott, City Manager)

Utility Fee Assistance Program

Home Improvement Assistance Program

Vacant Commercial Property Program

12.5.Administrative Code Waiver Program (Sarah Johnston, City Attorney)
13.CITY MANAGER'S REPORT
13.1.Mixed Use Phase II Presentation & Workshop Update
13.2.Stormwater & Solid Waste Monthly Rates
14.CITY ATTORNEY'S REPORT
14.1.City Attorney's Report
June 2019 City Attorney's Report 
15.MAYOR'S DISCUSSION
15.1.Discussion regarding protocol for Commissioners speaking on the dais
16.CITY COMMISSION REPORTS
17.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, July 16, 2019
18.ADJOURNMENT