CITY OF NORTH MIAMI BEACH
City Commission Meeting
Julius Littman Performing Arts Theater
17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, December 15, 2020
6:00 PM



VIA VIRTUAL COMMUNICATIONS MEDIA TECHNOLOGY

Because of COVID-19, and the need to ensure the public health, safety and welfare, this meeting will be conducted with social distancing.

 

 

Mayor Anthony F. DeFillipo

Vice Mayor Michael Joseph

Commissioner McKenzie Fleurimond

Commissioner Daniela Jean

Commissioner Barbara Kramer

Commissioner Fortuna Smukler

Commissioner Paule Villard

City Manager Esmond K. Scott

City Attorney Dan Espino,
Weiss Serota Helfman Cole & Bierman


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
Chaplain Darren Bennett, North Miami Beach Police Department
3.PLEDGE OF ALLEGIANCE
4.REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA
5.PRESENTATIONS / DISCUSSIONS
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.Regular Commission Meeting Minutes of September 15, 2020 (Andrise Bernard, CMC, City Clerk)
9.2.Regular Commission Meeting Minutes of September 24, 2020 (Andrise Bernard, CMC, City Clerk)
9.3.Special Commission Meeting Minutes of October 14, 2020 (Andrise Bernard, CMC, City Clerk)
9.4.Regular Commission Meeting Minutes of October 20, 2020 (Andrise Bernard, CMC, City Clerk)
9.5.Regular Commission Meeting Minutes of October 22, 2020 (Andrise Bernard, CMC, City Clerk)
9.6.Special Commission Meeting Minutes of October 27, 2020 (Andrise Bernard, CMC, City Clerk)
9.7.Special Commission Meeting Minutes of November 10, 2020 at 4:00 pm (Andrise Bernard, CMC, City Clerk)
9.8.Special Commission Meeting Minutes of November 10, 2020 at 5:00 pm (Andrise Bernard, CMC, City Clerk)
9.9.Special Commission Meeting Minutes of November 30, 2020 6:00 pm (Andrise Bernard, CMC, City Clerk)
9.10.Special Commission Meeting Minutes of November 30, 2020 7:00 pm (Andrise Bernard, CMC, City Clerk)
9.11.Special Commission Meeting Minutes of December 8, 2020 (Andrise Bernard, CMC, City Clerk)
9.12.Resolution No. R2020-117 Approving Change Order #1 to Agreement NMB Water Capital Improvement Program Management Support with Black and Veatch for Work Order #2 (Jafeth Baez P.E. MSCE, Director of NMB Water)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A CHANGE ORDER TO THE AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH AND BLACK & VEATCH CORPORATION, TO PROVIDE EXPANDED, ONGOING PROGRAM MANAGEMENT AND STAFF AUGMENTATION SERVICES IN THE AMOUNT OF $4,318,689.66; AUTHORIZING THE CITY MANAGER TO EXECUTE WORK ORDER #2 AND TO EXPEND BUDGETED FUNDS, IN FURTHERANCE HEREOF; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.13.Resolution No. R2020-118 Authorizing Appropriation Request from LETF Accounts (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 SIX HUNDRED FORTY-FIVE THOUSAND DOLLARS ($645,000.00) FROM THE FEDERAL JUSTICE LAW ENFORCEMENT TRUST FUND FOR TASK FORCE RELATED OVERTIME AND EXPENSES, POLICE TRAINING, RENTAL VEHICLES, FIREARMS TRAINING, AMMUNITION, MARINE PATROL TECHNOLOGY EQUIPMENT, RAPID ID, POLE CAMERAS, iRECORD/UPDATED SOFTWARE, PURCHASE OF NEW TASERS AND GLOCKS FIREARMS, AND SPECIAL RESPONSE TEAM EQUIPMENT/UNIFORMS, AS WELL AS ADDITIONALLY RELATED EXPENDITURES, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) FROM THE STATE/LOCAL LAW ENFORCEMENT TRUST FUND FOR THE CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER TO EXPEND THE TOTAL BUDGETED EXPENDITURE OF SEVEN HUNDRED NINETY-FIVE THOUSAND DOLLARS ($795,000.00); PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.14.Resolution No. R2020-119 Approving Purchase of Police Vehicles (William Hernandez, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 3-4.3 OF THE CITY CODE OF ORDINANCES,  APPROVING PURCHASE ORDER FROM BARTOW FORD CO., VIA CHARLOTTE COUNTY BID NO. 2018000509,  FOR THE PURCHASE OF POLICE VEHICLES IN AN ESTIMATED BUDGETED AMOUNT OF $453,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE ORDER AND EXPEND BUDGETED FUNDS IN FURTHERANCE HEREOF; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

9.15.Resolution No. R2020-120 Approving Lease of Undercover Police Vehicles (William Hernandez, Chief of Police)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 3-2.2 OF THE CITY CODE OF ORDINANCES, APPROVING THE LEASING OF UNDERCOVER POLICE VEHICLES, VIA NATIONAL JOINT POWERS ALLIANCE REQUEST FOR PROPOSAL NO. 060618-EFM, FROM ENTERPRISE FLEET MANAGEMENT, IN AN ESTIMATED ANNUAL EXPENDITURE OF $84,000; AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER EQUITY LEASE AGREEMENT AND EXPEND BUDGETED FUNDS, IN FURTHERANNCE HEREOF; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.

10.QUASI-JUDICIAL
10.1.Resolution No. R2020-121 Approving A Non-Use Variance Request for an Atrium Enclosure (Justin Proffitt, AICP, Director of Community Development)

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, GRANTING A VARIANCE FROM THE CODE OF ORDINANCES CHAPTER XXIV, “ZONING AND LAND DEVELOPMENT CODE” (THE “ZLDC”), ARTICLE XV, “OTHER DEVELOPMENT REVIEW PROCEDURES,” SECTION 24-176 ENTITLED “VARIANCES”, SPECIFICALLY GRANTING A NON-USE VARIANCE FROM ARTICLE V, SECTION 24-47(D)(4) OF THE NORTH MIAMI BEACH ZONING AND LAND DEVELOPMENT CODE, TO PERMIT AN ATRIUM ENCLOSURE ON THE PROPERTY WITH A SIDE SETBACK OF EIGHT FOOT  AND SIX INCHES, WHERE TWENTY FEET IS THE MINIMUM SIDE YARD SETBACK REQUIRED ON  THE PROPERTY LOCATED AT 16454 NE 27th PL, UNIT #37, NORTH MIAMI BEACH, FLORIDA; PROVIDING FOR FINDINGS OF FACT; CONFIRMING EXPIRATION AND LIMITATION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

11.LEGISLATION
11.1.Ordinance No. 2020-03 (Second and Final Reading) Water Supply Facilities Work Plan Comp Plan Amendment (Justin Proffitt, AICP, Director of Community Development)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING THE CITY’S COMPREHENSIVE PLAN TO PROVIDE FOR THE STATE MANDATED REQUIREMENTS OF WATER SUPPLY PLANNING AS DESCRIBED IN THE COMPREHENSIVE PLAN AMENDMENT THAT AMENDS THE FUTURE LAND USE ELEMENT, INFRASTRUCTURE ELEMENT, CONSERVATION ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND CAPTIAL IMPROVEMENT ELEMENT, AND INCORPORATING THE “10-YEAR WATER SUPPLY FACILITIES WORK PLAN”; AUTHORIZING TRANSMITTAL OF THESE ADOPTED AMENDMENTS TO THE AGENCIES REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, SEVERABILITY AND FOR AN EFFECTIVE DATE.

11.2.Ordinance No. 2020-05 (First Reading) Establishing Reimbursement of Officials in Ethics Matters (Vice Mayor Michael Joseph)

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AMENDING ARTICLE X, “CODE OF ETHICS,” IN CHAPTER II, “STRUCTURE OF CITY GOVERNMENT,” OF THE CITY CODE OF ORDINANCES BY CREATING SECTION 2-80, “DEFENSE OF OFFICIALS IN ETHICS MATTERS”; PROVIDING FOR THE PAYMENT OF COSTS ASSOCIATED WITH THE DEFENSE OF OFFICIALS; ESTABLISHING PROCEDURES AND APPLICABILITY FOR SUCH DEFENSE; RESERVING FOR THE CITY CERTAIN RIGHTS AND IMMUNITIES; ALLOWING FOR THE RECOVERY OF LEGAL COSTS FOR MALICIOUS, FRIVOLOUS OR GROUNDLESS COMPLAINTS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

12.BUSINESS TAX RECEIPTS - None
13.APPOINTMENTS - None
14.MISCELLANEOUS ITEMS - None
15.DISCUSSION ITEMS
15.1.Consider a Charter Amendment to Change Date of Runoff Election (Mayor Anthony DeFillipo)
15.2.Motion to Reconsider Termination of Trolley Agreement with ProKel (Vice Mayor Michael Joseph)
15.3.Discussion Proposing Policy for One Time & Underground Leak Adjustments for NMB Water Customer Water Bills (Commissioner Fortuna Smukler)
16.CITY MANAGER'S REPORT
16.1.Development Update (Justin Proffitt, AICP, Director of Community Development)
17.CITY ATTORNEY'S REPORT- None
18.MAYOR'S DISCUSSION
19.CITY COMMISSION REPORTS
20.NEXT REGULAR CITY COMMISSION MEETING
Tuesday, January 19, 2021
21.ADJOURNMENT