CITY OF NORTH MIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 2nd Floor
17011 NE 19th Avenue
North Miami Beach, FL 33162
Thursday, September 26, 2019
6:00 PM


Mayor Anthony F. DeFillipo

Vice Mayor Phyllis S. Smith

Commissioner McKenzie Fleurimond

Commissioner Michael Joseph

Commissioner Barbara Kramer

Commissioner Fortuna Smukler

Commissioner Paule Villard

City Manager Esmond K. Scott
City Attorney Sarah Johnston
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
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
5.1.Certificate of Appreciation recognizing Antoinette Brazzle (Mayor Anthony F. DeFillipo)
5.2.Proclamation recognizing Pastor Dwayne Fudge (Mayor Anthony F. DeFillipo)
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.ANNOUNCEMENTS
8.CITY COMMISSION REPORTS
9.CONSENT AGENDA
9.1.Resolution R2019-82 Lien Mitigation Settlement - 341 NE 168 ST (Justin Profitt, AICP, 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 SETTLE, SATISFY AND EXECUTE LIEN RELEASES IN MITIGATION OF CODE ENFORCEMENT LIENS FOR CODE VIOLATION FINES AGAINST THE PROPERTY LOCATED AT 341 N.E. 1681 STREET, NORTH MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $4,000.00.

10.LEGISLATION
10.1.Ordinance No. 2019-04 (Second and Final Reading) - Amendment to Chapter XIX, "Water and Sewers"; Section 19-11.3 (Consumer Rates-Metered); Section 19-31 (Rates and Charges); and Section 19-24 - (Emergency Water Conservation Rates); To increase water and sewer rates, fees and charges for revenue sufficiency and to implement a sewer consumption charges. - (Jafeth Baez, P.E., Director of NMB Water)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER XIX, “WATER AND SEWERS,” SECTION 19-11.3 “CONSUMER RATES-METERED”, AND SECTION 19-31 “RATES AND CHARGES”, AND SECTION 19-24 “EMERGENCY WATER CONSERVATION RATES”, TO INCREASE WATER AND SEWER RATES, FEES AND CHARGES FOR REVENUE SUFFICIENCY AND TO IMPLEMENT AN AMENDED SEWER CONSUMPTION INCLUDING BLOCK STRUCTURE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR CODIFICATION, SEVERABILITY AND FOR AN EFFECTIVE DATE.

10.2.Ordinance No. 2019-07 (Second and Final Reading) Stormwater Rate Increase (Janette Smith, Finance Director)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER XX, “STORMWATER,” SECTION 20-2.2 “MONTHLY UTILITY RATE” BY INCREASING THE MONTHLY RATE FOR EQUIVALENT RUNOFF UNIT (ERU); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

10.3.Resolution 2019-80 Approving the ‘We Care Program”.- (Jafeth Baez, P.E., Director of NMB Water)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ADOPTING THE “WE CARE TO SHARE” PROGRAM TO ASSIST FAMILIES AND INDIVIDUALS, IN CRISIS, WITH UTILITY BILL PAYMENT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DO ALL THINGS NECESSARY TO IMPLEMENT THE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.

10.4.Resolution 2019-83 Approving the form of application for the WIFIA Loan and Authorizing submission of the application to the EPA and the expenditure of a non-refundable fee in the amount of $100,000. - (Jafeth Baez, P.E., Director of NMB Water)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE FORM OF APPLICATION FOR THE WATER INFRASTRUCTURE AND INNOVATION ACT OF 2014 (“WIFIA”) LOAN AND AUTHORIZING SUBMISSION OF THE APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (“EPA”) AND THE EXPENDITURE OF A NON-REFUNDABLE FEE IN THE AMOUNT OF $100,000; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF ACCEPTANCE OF THE WIFIA CREDIT SUPPORT; AND PROVIDING AN EFFECTIVE DATE.

10.5.Resolution 2019-85 Approving the agreement (Grant Work Plan) between the legislature of the State of Florida for LP13015-Grant and City of North Miami Beach; Accepting the grant for $400,000 for the North Miami Beach Master Force Main Installation. - (Jafeth Baez, P.E., Director of NMB Water)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE GRANT WORK PLAN AGREEMENT (THE “AGREEMENT”) BETWEEN THE LEGISLATURE OF THE STATE OF FLORIDA AND CITY OF NORTH MIAMI BEACH FOR LP13015-GRANT; ACCEPTING THE GRANT FOR $400,000.00 FOR THE NORTH MIAMI BEACH MASTER FORCE MAIN INSTALLATION; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF ACCEPTANCE OF THE GRANT FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.

10.6.Resolution 2019-86 Approving Jacobs’ Transition Program Management WO#29. (Jafeth Baez, P.E., Director of NMB Water)

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 WORK ORDER 29 – NMB WATER CIP MANAGEMENT SUCCESSION AND TRANSITION SERVICES, IN AN AMOUNT NOT TO EXCEED $615,200.00, PURSUANT TO THE AGREEMENT BETWEEN THE CITY AND JACOBS ENGINEERING GROUP, INC., FOR SUCCESSION AND TRANSITIONAL SERVICES IN AN ESTIMATED BUDGETED AMOUNT OF $615,200.00; AND PROVIDING FOR AN EFFECTIVE DATE.

10.7.Resolution R2019-87 Mayor and Commission Resources - Approving a modification to the Commission Compensation to reflect increases in expenses, including health benefit costs (Esmond K. Scott, City Manager)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, MODIFYING THE MAYOR AND COMMISSIONERS EXECUTIVE EXPENSES TO REFLECT INCREASES IN EXPENSES, INCLUDING HEALTH BENEFIT COSTS; AND PROVIDING FOR AN EFFECTIVE DATE.

11.BUSINESS TAX RECEIPTS
11.1.G5ive, LLC D/B/A G5ive Extended Hours of Operation 4:00 AM to 6:00 AM
Location of applicant requesting the 4 to 6 am Extension of Hours:  337 NW 170 Street, North Miami Beach, FL  33169
11.2.Platinum South Inc. D/B/A Dean's Gold Extension of Hours of Operation 4:00 AM to 6:00 AM
Location of applicant requesting the 4 - 6 Extension of Hours:  2355 NE 163 Street, North Miami Beach, FL  33160
12.APPOINTMENTS
12.1.Appointing Martha Biviana Gaviria to the 2020 Census Complete Count Committee (Andrise Bernard, CMC, City Clerk)
13.MISCELLANEOUS ITEMS - None
14.CITY MANAGER'S REPORT- None
15.CITY ATTORNEY'S REPORT- None
16.MAYOR'S DISCUSSION
17.CITY COMMISSION REPORTS
18.ADJOURNMENT
Tuesday, October 15, 2019