CITY OF NORTH MIAMI BEACH City Council Meeting Council

Transcription

CITY OF ORTH MIAMI BEACH
City Council Meeting
Council Chambers, 2nd Floor
City Hall, 17011 NE 19 Avenue
North Miami Beach, FL 33162
Tuesday, October 16, 2012
7:30 PM
Mayor George Vallejo
Vice Mayor Barbara Kramer
Councilman Philippe Derose
Councilwoman Marlen Martell
Councilman Frantz Pierre
Councilwoman Phyllis S. Smith
Councilwoman Beth E. Spiegel
City Manager Roslyn B. Weisblum
City Attorney Darcee S. Siegel
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 Council.
AGE DA
1.
ROLL CALL OF CITY OFFICIALS
2.
I VOCATIO
3.
PLEDGE OF ALLEGIA CE
4.
REQUESTS FOR WITHDRAWALS, DEFERME TS A D ADDITIO S TO AGE DA
5.
PRESE TATIO S /DISCUSSIO S
6.
- TBD
5.1
Recognition of ational Hispanic Heritage Month (Mayor George Vallejo)
5.2
Recognition of Citizens Appreciation Day (Vice Mayor Barbara Kramer)
5.3
Recognition of the orth Miami Beach Police Department and the Volunteers and
Coordinators of the Domestic Violence Awareness Walk (Councilwoman Beth E. Spiegel)
5.4
Recognition of Miami Dade County Crime Watcher of the Year - Janet Masumian of
Eastern Shores Crime Watch (Councilwoman Phyllis S. Smith)
5.5
Proclamation Presentation for Childhood Cancer Awareness Month (Mayor George
Vallejo)
5.6
Proclamation Presentation to Dr. Steve and Silvia Vanni - Salvatore Antonio Vanni Day
(Mayor George Vallejo)
PUBLIC COMME T
To All Citizens Appearing Under Public Comment
The Council 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 Council must
have Staff input and prior knowledge as to the facts and figures, so that they can intelligently discuss a
matter. The Council may wish to ask questions regarding this matter, but will not be required to do so.
At the next or subsequent Council meeting you may have one of the Councilpersons 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 Council
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 Council 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 Council 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.
APPOI TME TS - one
8.
CO SE T AGE DA
8.1
Meeting Minutes of May 15, 2012 (City Clerk Pamela L. Latimore)
8.2
Resolution o. R2012-77 (Chief Procurement Officer Brian K. O'Connor)
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH WELLS FARGO INSURANCE SERVICES, USA, INC., TO SERVE
AS THE BROKER OF RECORD FOR THE CITY OF NORTH MIAMI BEACH.
8.3
AGREEMENT WITH CHALMERS & KUBECK SOUTH FOR REPLACEMENT OF
EXISTING LIME CONTROL VALVE ACTUATORS.
8.4
AGREEMENT WITH CONTROL COMMUNICATIONS, INC. FOR THE TWO-WAY
RADIO SYSTEM NARROWBANDING AND UPGRADE.
8.5
Resolution o. R2012-85 (City Manager Roslyn B. Weisblum)
MIAMI BEACH, FLORIDA, OPPOSING AND PROTESTING THE EFFORTS OF MIAMIDADE COUNTY TO DENY THE CITY'S WATER & SEWER UTILITY THE SAME
RATE-SETTING AUTHORITY GRANTED TO ALL MUNICIPALITIES IN THE STATE
OF FLORIDA THAT OPERATE WATER OR SEWER UTILITIES OUTSIDE THEIR
MUNICIPAL BOUNDARIES.
9.
CITY MA AGER'S REPORT
10.
CITY ATTOR EY'S REPORT
10.1
Litigation List
11.
MAYOR'S DISCUSSIO
12.
MISCELLA EOUS ITEMS - one
13.
WAIVER OF FEE - one
14.
BUSI ESS TAX RECEIPTS - one
15.
DISCUSSIO ITEMS - one
16.
LEGISLATIO
16.1
Resolution o. R2012-80 (Finance Director Janette Smith)
MIAMI BEACH, FLORIDA APPROVING A BUDGET AMENDMENT TO INCREASE
BOTH THE REVENUES AND EXPENDITURES FOR THE GENERAL FUND IN THE
AMOUNT OF $193,601.00 FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011
TO INCREASE AMOUNTS AVAILABLE FOR EXPENDITURES RELATED TO THE
ARTHUR SNYDER TENNIS CENTER PROJECT.
16.2
BOTH THE REVENUES AND EXPENDITURES FOR THE TRANSIT SURTAX FUND IN
THE AMOUNT OF $87,595.00 FOR THE FISCAL YEAR COMMENCING OCTOBER 1,
2011 TO INCREASE AMOUNTS AVAILABLE FOR NE 19TH AVENUE PROJECT.
16.3
BOTH THE REVENUES AND EXPENDITURES FOR THE WORKERS'
COMPENSATION FUND IN THE AMOUNT OF $75,000.00 FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 2011 TO INCREASE AMOUNTS AVAILABLE FOR
UNEXPECTED WORKERS' COMPENSATION CLAIMS EXPENDITURES.
16.4
MIAMI BEACH, FLORIDA APPROVING A BUDGET AMENDMENT TO TRANSFER
AN AMOUNT OF $125,112.00 FROM THE GENERAL FUND; $52,080.00 FROM THE
WATER FUND; $19,703.00 FROM THE BUILDING FUND AND $3,064.00 FROM THE
SOLID WASTE FUND INTO THE MANAGEMENT PENSION PLAN FOR THE FISCAL
YEAR COMMENCING OCTOBER 1, 2011.
16.5
MIAMI BEACH, FLORIDA APPROVING A BUDGET AMENDMENT TO DECREASE
BOTH THE REVENUES AND EXPENDITURES FOR THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) FUND 104 IN THE AMOUNT OF $66,690.00 FOR
THE FISCAL YEAR COMMENCING OCTOBER 1, 2012 AS A RESULT OF
CORRECTIONS TO THE TAX INCREMENT FINANCING (TIF) CALCULATIONS.
16.6
Ordinance o. 2012-27 - Second and Final Reading (City Attorney Darcee S. Siegel)
AN ORDINANCE AMENDING CHAPTER XIV OF THE CODE OF ORDINANCES OF
THE CITY OF NORTH MIAMI BEACH ENTITLED "BUILDING AND HOUSING" AND
AMENDING SECTION 14-8.13 ENTITLED "CODE ENFORCEMENT BOARD;
ORGANIZATION; SPECIAL MAGISTRATES" BY ESTABLISHING A NEW CODE
ENFORCEMENT BOARD; BY PROVIDING FOR EACH COUNCIL MEMBER TO
APPOINT A MEMBER TO THE BOARD; BY PROVIDING FINANCIAL DISCLOSURE
OF ITS MEMBERS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE; AND PROVIDING FOR
AN EFFECTIVE DATE.
16.7
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL AMENDING CHAPTER II OF
THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH ENTITLED
"STRUCTURE OF CITY GOVERNMENT" AND AMENDING SECTION 2-67 ENTITLED
"PLANNING AND ZONING BOARD", BY ESTABLISHING A NEW PLANNING AND
ZONING BOARD; BY CREATING QUALIFICATIONS OF MEMBERS; REQUIRING
FINANCIAL DISCLOSURE OF BOARD MEMBERS; BY PROVIDING FOR EACH
COUNCILMEMBER TO APPOINT A MEMBER TO THE BOARD; BY DELETING THE
COMPENSATION PROVISION; BY CHANGING THE TIME AND FREQUENCY OF THE
BOARD MEETINGS; BY PROVIDING FOR POSTING OF NOTICE OF MEETINGS ON
THE CITY'S WEBSITE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF THIS
ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
16.8
AN ORDINANCE AMENDING CHAPTER II OF THE CODE OF ORDINANCES OF THE
CITY OF NORTH MIAMI BEACH ENTITLED "STRUCTURE OF GOVERNMENT" AND
AMENDING SECTION 2-55 ENTITLED "PUBLIC UTILITIES COMMISSION" BY
ESTABLISHING A NEW PUBLIC UTILITIES COMMISSION; BY PROVIDING FOR
EACH COUNCIL MEMBER TO APPOINT A MEMBER TO THE COMMISSION; BY
REQUIRING FINANCIAL DISCLOSURE OF COMMISSION MEMBERS; BY DEFINING
A QUORUM OF THE COMMISSION; BY DESIGNATING THE CLERK OR HIS/HER
DESIGNEE AS THE COMMISSION'S SECRETARY; AND BY CREATING A NEW SUBSECTION ENTITLED "QUALIFICATION OF MEMBERS"; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
CODIFICATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE
DATE.
17.
18.
19.
CITY COU CIL REPORTS
EXT REGULAR CITY COU CIL MEETI G - Tuesday, November 6, 2012
ADJOUR ME T
City of orth Miami Beach
17011 E 19 Avenue
orth Miami Beach, FL 33162
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
Mayor and City Council
FROM:
Pamela L. Latimore, City Clerk
DATE:
RE:
Meeting Minutes of May 15, 2012 (City Clerk Pamela L.
Latimore)
BACKGROU D:
N/A
RECOMME DATIO :
Approval.
FISCAL IMPACT:
N/A
CO TACT PERSO (S):
Pamela L. Latimore, City Clerk
ATTACHME TS:
Meeting Minutes of May 15, 2012
CITY OF ORTH MIAMI BEACH
City Council Meeting
Council Chambers, 2nd Floor
City Hall, 17011 NE 19th Avenue
North Miami Beach, FL 33162
Tuesday, May 15, 2012
7:30 PM
Mayor George Vallejo
Vice Mayor Beth E. Spiegel
Councilman Philippe Derose
Councilwoman Barbara Kramer
Councilwoman Marlen Martell
Councilman Frantz Pierre
Councilwoman Phyllis S. Smith
City Manager Lyndon L. Bonner
City Attorney Darcee S. Siegel
City Clerk Pamela L. Latimore, CMC
REGULAR MEETI G MI UTES
1.
ROLL CALL OF THE CITY OFFICIALS
The meeting was called to order at 7:45 p.m. Present at the meeting were Mayor George Vallejo, Vice Mayor
Beth E. Spiegel and Council Members Philippe Derose, Barbara Kramer, Marlen Martell, Frantz Pierre, and
Phyllis S. Smith. Also present were City Manager Lyndon L. Bonner, City Attorney Darcee S. Siegel and
City Clerk Pamela L. Latimore.
2.
I VOCATIO – Reverend Dr. Marta Burke, Fulford United Methodist Church
3.
PLEDGE OF ALLEGIA CE
4.
REQUESTS FOR WITHDRAWALS, DEFERME TS A D ADDITIO S TO AGE DA
Withdrawal of Item 8.1 – Resolution No. R2012-39 from the Consent Agenda and added to Legislation
as Item 16.9, and Item 16.5 - Resolution No. R2012-44 is Withdrawn.
Legislation Items 16.3 - Resolution No. R2012-41, 16.7 - Ordinance No. 2012-6, and 16.4 - Resolution
No. R2012-42 will be taken out of order.
5.
PRESE TATIO S/DISCUSSIO S
5.1 Presentation made by former President of Miami-Dade League of Cities, Mayor Juan Carlos
Bermudez (City of Doral) and Miami-Dade League of Cities, Executive Director Richard Kuper.
POI T OF PRIVILEGE (Councilwoman Kramer)
Sanitation RFP process
Vote of Confidence for Public Services Director Shari Kamali
AFSCME Union negotiations
6.
PUBLIC COMME T
City Clerk Latimore read the rules of Public Comment into record. The following person(s) spoke on the
record:
1.
2.
3.
4.
7.
Margie Love, 1579 NE 169 ST, North Miami Beach, FL
Robert Taylor, 1951 NE 157 TER, North Miami Beach, FL
Janice Coakley, PO Box 600951, North Miami Beach, FL
Bruce Lamberto, 3420 NE 165 ST, North Miami Beach, FL
APPOI TME TS
Appointment of Vice Mayor
Motion made by Councilman Derose, seconded by Councilwoman Smith, to appoint Councilman Pierre
as the next Vice-Mayor. (Approved 7-0)
8.
CO SE T AGE DA
8.1 Resolution o. R2012-39 Moved to Legislation
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH PBS&J (NOW ATKINS NORTH AMERICA, INC.) FOR PROFESSIONAL
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PATRICIA MISHCON
ATHLETIC FIELD EXPANSION PROJECT.
8.2 Resolution o. R2012-43
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FIRST SOUTHWEST COMPANY FOR FINANCIAL ADIVISORY SERVICES FOR THE
CITY OF NORTH MIAMI BEACH.
Motion made by Councilman Derose, seconded by Councilwoman Kramer, to approve the Consent
Agenda. (Approved 7-0)
9.
CITY MA AGER'S REPORT
9.1 Budget Calendar
City Manager Bonner has provided for Council’s review the budget calendar for the year. City Manager
Bonner said that he has finished his first review of all the budgets and in the coming weeks he will be
looking at everything to determine what the budget gap will be. He asked Council make their schedules
available on the Budget workshop dates, especially for the dates in July.
9.2 Budget Transfer Request WITHDRAWN (see Item 16.5)
Resolution o. R2012-44
I.T. Manager Patrick Rosiak spoke about the City’s website conversion. It will be a gradual process
starting on Memorial Day weekend. Anyone going to the site will be re-directed to an under construction
page that will have links to some important information such as events, the directory, online payments,
etc.
POI T OF PRIVILEGE
Councilman Pierre stated the following:
What has Council accomplished in the last year?
Why has there been no forward progress on the issues the City is facing?
Council members need to arrange a time when they can come together and lay out their objectives for the
City.
Asked each Council person to give an assessment on the leadership style and performance of City
Manager Lyndon L. Bonner.
Mayor Vallejo asked Councilman Pierre for clarification on his request.
Councilman Pierre stated that he wanted a moment of reflection from his colleagues on how they felt
about the City Manager.
Councilwoman Martell stated the following:
Asked City Manager Bonner to request from the council members a list of seven (7) items that are
important to each member.
Sanitation RFP needs to be looked at carefully. All aspects of the department need to be taken into
account.
Asked City Manager Bonner to challenge the department heads to come up with true cost saving in their
respective departments.
Councilwoman Smith stated the following:
When will there be a workshop where the residents and employees can speak on the Sanitation Bid?
City Manager Bonner
Informed Council that AFSCME is scheduled to make a presentation at the next Council meeting. June 5,
2012.
A brief discussion was had by Council members relating to the Sanitation Bid and a need for a workshop to
discuss the item.
Mayor Vallejo asked Council to go back to Councilman Pierre’s request for an assessment of the City Manager.
Councilman Derose stated the following:
Explained that Councilman Pierre wants to get an idea on how the council members felt about the City
Manager. Councilman Derose stated that his concerns that city issues were moving too slow. He also felt
that the City Manager Bonner needed to establish relationships with persons in Miami-Dade County
government. Councilman Derose stated that morale among employees was low and City Manager Bonner
needed to concentrate on opening up communication with staff.
Vice Mayor Spiegel stated the following:
The City Manager has righted the financial ship of the City.
City Manager Bonner has placed the city on a better path with a 5-year budget and giving direction for
infrastructure repairs.
She feels the City is being represented by one of the best labor lawyers.
Vice Mayor Spiegel stated that she is very satisfied.
City Manager Bonner asked for a Vote of Confidence from Mayor and Council.
Councilwoman Kramer stated that the City Manager Bonner had a vote of confidence from her and she thought
he was very effective and her familiarity with the agenda has given her less of a need to come in as often. She
stated to the City Manager that she appreciated his hard work.
Vice Mayor Spiegel stated to the City Manager that he had her vote of confidence.
Mayor Vallejo stated that City Manager Bonner had his vote of confidence. He was concerned about the issues
with relationships of certain council members and asked the Manager to work towards repairing them. He then
asked the City Attorney if a roll call vote was needed.
Councilwoman Smith asked to be heard: She stated that City Manager Bonner worked an incredible amount of
hours and was always available. Councilwoman Smith gave a direction to the City Manager that she felt he and
the City Attorney needed to work closer together. She stated that she believed he has worked out the city’s
financial mess and given her assistance in being a better council person. Councilwoman Smith gave the City
Manager her vote of confidence.
Councilwoman Martell stated that City Manager Bonner had her vote of confidence.
Councilman Pierre thanked his colleagues and stated that this was not a vote of confidence but merely a
reflection as to where the city is going and he wanted to get their assessment of City Manager Bonner.
Councilman Derose stated that if a vote to terminate the City Manager was taken tonight he would vote to retain
City Manager Bonner.
10.
CITY ATTOR EY'S REPORT
City Attorney Siegel announced the voluntary dismissal of Litigation by Swinging Richards/SMG
Entertainment LLC. City Attorney Siegel also congratulated her son Alex on his upcoming graduation
from Wheaton College.
10.1 Litigation List
11.
MAYOR'S DISCUSSIO
Thursday will be one year since they were elected. He felt it is really important that The Herald’s front
page article reported about the nightmare scenario that Miami-Dade County Water and Sewer Department
is facing with their infrastructure. This is something he remembers speaking about during his campaigns
and he was ridiculed by some that thought it wasn’t a problem. Fortunately for us, we’ve rebuilt our water
plant recently, so we don’t have that issue to worry about, but we do have miles and miles of water and
sewer lines in the ground that are more than 30 years old. They can fail at any time, especially if there is a
rain storm; this is what we are addressing. Mayor Vallejo wanted to clarify for the residents that his vision
is clear, that he and this Council work for the residents of this City, period end of story. During their
campaigns many of them promised and spoke of transparency, and he is committed to looking under
every rock to see how we spend our money and insure that we account for every single penny. Making
sure we provide the best services for the residents, for what they want and for what they need and what
they pay for with their hard earned dollars. He will not waiver from that course even though it has been a
year into his term. As Councilwoman Kramer mentioned we are going places we never have before as a
City, in regard to pension reform, union negotiations, etc… it is all in the best interest of the City. We will
continue to move forward on these issues. There continues to be a lot of discussion on this issue of
outsourcing, privatizing or a public/private partnership as it relates to the sanitation department. He wants
to remind everyone the reason the City exists is to provide services to the residents. The purpose of the
City is not to run a jobs program. The purpose of the City is to provide the services the residents want. He
realizes that this isn’t what some people want to hear, but it’s better to hear the truth. There has been a lot
of waiting around for the numbers to be perfect and everything to line up. We have to look at the facts
that are in front of us and the best information that we have available, and move on. When it comes down
to it, we were elected to make the best decision in the best interest of the residents of the City as a whole.
POI T OF PRIVILEGE
Councilwoman Spiegel stated the following:
Public Services Director Shari Kamali has served this City well and admirably
There is nothing wrong with a Department Head answering questions posed to them or with them having
conversations
Shari Kamali has had a long and distinguished career here in this county
She has responded to the City Manager’s challenges and has been an exemplary employee and Department
Head
12.
MISCELLA EOUS ITEMS - None
13.
WAIVER OF FEE – None
14.
BUSI ESS TAX RECEIPTS - None
15.
DISCUSSIO ITEMS - None
16.
LEGISLATIO
BEACH, FLORIDA, GRANTING AN AFTER-THE-FACT VARIANCE FROM SECTION 2444(D)(3) OF THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH TO
WAIVE TWO FEET (2’) OF THE MINIMUM REQUIRED INTERIOR SIDE YARD SETBACK
OF FIVE FEET (5’), WHERE INTERIOR SIDE YARD SETBACK OF THREE FEET (3’) IS
EXISTING ON PROPERTY LEGALLY DESCRIBED AS: LOT 13, BLOCK 9, OF FULFORD
BY THE SEA SECTION “E”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 8, PAGE 63, OF THE PUBLIC RECORDS OF MIAMI–DADE COUNTY, FL
A/K/A
1687 NE 174 Street
North Miami Beach, Florida
(P&Z Item No. 12-518 of April 9, 2012)
JE I GS DISCLOSURE: Councilman Derose – o, Councilwoman Kramer – o, Councilwoman
Martell – o, Councilman Pierre – o, Councilwoman Smith – o, Vice Mayor Spiegel – o, Mayor
Vallejo – Yes
PUBLIC COMME T:
one
MOTIO by Councilman Derose, seconded by Councilwoman Kramer, to adopt Resolution No. R201241. (Adopted 7-0)
16.7 Ordinance o. 2012-6 – First Reading by Title Only
Item came before Council previously on the following dates (First Reading 3/6/12) ( Second
Reading 3/20/12 - WITHDRAW )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH MIAMI BEACH,
FLORIDA AMENDING SECTION 2, PARAGRAPH 9, OF ORDINANCE 2006-6 LOWERING
THE INTEREST RATE ON EACH MEMBER’S DROP ACCOUNT FROM 6.5%
COMPOUNDED MONTHLY TO 3% COMPOUNDED MONTHLY; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTIO by Councilman Derose, seconded by Councilwoman Martell, to adopt Ordinance No. 2012-6
on First Reading by Title Only. (Adopted 7-0)
PUBLIC COMME T:
1. Richard Sicking, 1313 Ponce De Leon Blvd, Miami , FL – Against
ROLL CALL VOTE: Councilman Derose – Yes, Councilwoman Kramer – Yes, Councilwoman
Martell – Yes, Councilman Pierre – Yes, Councilwoman Smith – Yes, Vice Mayor Spiegel – Yes, Mayor
Vallejo – Yes (Adopted 7-0)
BEACH, FLORIDA, GRANTING SITE PLAN MODIFICATION TO A SITE PLAN
PREVIOUSLY APPROVED UNDER RESOLUTION NO. R2011-20 FOR THE
CONSTRUCTION OF A ONE-STORY DORMITORY BUILDING ON A 126,653 SQUARE
FOOT (2.9 ACRE) PARCEL OF LAND, ON PROPERTY LEGALLY DESCRIBED AS:
(LENGTHY LEGAL - SEE ATTACHED EXHIBIT ("A")
A/K/A
1055 Miami Gardens Drive
North Miami Beach, Florida
(P&Z Item No. 12-522 of April 9, 2012)
MOTIO by Councilman Derose, seconded by Councilman Pierre, to adopt Resolution No. R2012-42.
(Adopted 7-0)
JE I GS DISCLOSURE: Councilman Derose – o, Councilwoman Kramer – o, Councilwoman
Martell – o, Councilman Pierre – o, Councilwoman Smith – o, Vice Mayor Spiegel – o, Mayor
Vallejo – Yes
PUBLIC COMME T:
one
Martell – Yes, Councilman Pierre – Yes, Councilwoman Smith – Yes, Vice Mayor Spiegel – o, Mayor
BEACH, FLORIDA ADOPTING A FUND BALANCE POLICY TO PROVIDE DEFINITIONS
OF FUND BALANCE CLASSIFICATIONS; TO PROVIDE AUTHORITY FOR CHANGES IN
CLASSIFICATIONS; AND TO ESTABLISH MINIMUM LEVELS OF UNASSIGNED FUND
BALANCE IN THE GENERAL FUND.
PUBLIC COMME T:
one
MOTIO by Councilman Derose, seconded by Councilwoman Kramer, to adopt Resolution No. R201237. (Adopted 7-0)
BEACH, FLORIDA, ADOPTING AN INVESTMENT POLICY IN ACCORDANCE WITH
SECTION 218.415, FLORIDA STATUTES, ESTABLISHING INVESTMENT OBJECTIVES
AND PARAMETERS FOR THE MANAGEMENT OF SURPLUS PUBLIC FUNDS OF THE
CITY OF NORTH MIAMI BEACH, FLORIDA.
PUBLIC COMME T:
one
MOTIO by Councilman Derose, seconded by Councilwoman Martell, to adopt Resolution No. R201238. (Adopted 7-0)
16.5 Resolution o. R2012-44 WITHDRAWN (see Item 4 & 9.2)
BEACH, FLORIDA APPROVING A BUDGET AMENDMENT TO TRANSFER AN AMOUNT
OF $12,393 FROM THE LEGISLATIVE CONTINGENCY ACCOUNT INTO THE GENERAL
FUND LEISURE SERVICES DEPARTMENT TENNIS CENTER UTILITY SERVICES
ACCOUNT FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011.
16.6 Ordinance o. 2012-4 – First Reading by Title Only (First Reading 3/6/12 - Tabled)
AN ORDINANCE AMENDING THE POLICE OFFICERS AND FIREFIGHTERS
RETIREMENT PLAN OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, PROVIDING
FOR COMPLIANCE WITH CHAPTER 2009-97, LAWS OF FLORIDA; AMENDING ARTICLE
VI, OPTIONAL FORMS OF RETIREMENT INCOME; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTIO by Councilman Derose, seconded by Councilwoman Smith, to adopt Ordinance No. 2012-4.
(Adopted 7-0)
PUBLIC COMME T:
one
16.8 Ordinance o. 2012-10 – First Reading by Title Only (City Planner Christopher Heid)
AN ORDINANCE OF THE CITY OF NORTH MIAMI BEACH, FLORIDA AMENDING
CHAPTER 24, ARTICLE V, ENTITLED “ZONING USE DISTRICTS”, BY DELETING SUBSECTION (4) OF SECTIONS 21-41, 24-42, AND 24-43 OF THE CITY’S CODE OF
ORDINANCES REGARDING EXCEPTIONS TO SETBACK REQUIREMENTS IN THE RS-1,
RESIDENTIAL SINGLE-FAMILY DISTRICT, RS-2 RESIDENTIAL SINGLE-FAMILY
DISTRICT, AND THE RS-3 RESIDENTIAL SINGLE-FAMILY DISTRICT; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLCT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE CODIFICATION OF
THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTIO by Councilman Derose, seconded by Councilwoman Martell, to adopt Ordinance No. 2012-10.
(Adopted 7-0)
PUBLIC COMME T:
one
16.9 Resolution o. R2012-39 Moved from Consent Agenda
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH PBS&J (NOW ATKINS NORTH AMERICA, INC.) FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PATRICIA
MISHCON ATHLETIC FIELD EXPANSION PROJECT.
PUBLIC COMME T:
one
MOTIO : by Councilman Derose, seconded by Councilwoman Martell, to adopt Resolution No.
R2012-39. (Adopted 6-1)
16.
CITY COU CIL REPORTS
Councilman Derose – Wishes all the Haitians a Happy Haitian Flag Day on Friday, May 18, 2012.
Tomorrow, Wednesday, May 16, 2012, there will be a Beautification Committee Meeting. He invites
everyone to the meeting at 5:30 p.m. Councilman Derose invited everyone to attend the Memorial Service
tomorrow morning at 10:00 a.m. in front of the Police Department to honor Sergeant Ernesto Laurenzo.
Councilwoman Kramer – The Mother’s Day breakfast was beautifully done, and commends Leisure
Services for a job well done. Councilwoman Kramer extends an open invitation to the community to come out
and become members of the Multi-Cultural Committee.
Councilwoman Martell – Wishes the City Clerk Pamela L. Latimore a Happy Birthday. The Economic
Development Commission will be meeting tomorrow on the 4th floor. She invites businesses to come out and
join them to try and make a difference in our community.
Councilman Pierre – Informs everyone about National Police Week from May 13 – 19, 2012 and asks that
we show our support by wearing a blue ribbon.
Councilwoman Smith – Public Utilities Commission (PUC) will be meeting on May 23, 2012 at 6:00 p.m.
There will be a Seniors Luncheon on May 25, 2012 at 11:00 a.m. There will also be a Memorial Day Service
at All Wars Memorial Park, behind the North Miami Beach Library from 10:00 a.m. – 1:00 p.m. North
Miami Beach Chamber Luncheon is on May 17, 2012 at 12:00 p.m. This coming Saturday Councilwoman
Smith will be hosting an energy meeting from 10:00 a.m. – 3:00 p.m. In closing she thanks all the City
Employees for all their hard work and encourages everyone to show their support of National Police Week
by wearing a blue ribbon.
Vice Mayor Spiegel – The Mother’s Day breakfast was a wonderful success and thank you to everyone
that participated. She reminds the residents that tomorrow is recycling day and to put their recycling
containers out tonight.
Mayor Vallejo – Wishes City Clerk L. Latimore a Happy Birthday and wishes his son Alex a Happy
sixteenth (16th) Birthday.
17.
EXT REGULAR CITY COU CIL MEETI G
Tuesday, June 5, 2012
18.
ADJOUR ME T
There being no further business to come before the City Council, Meeting was adjourned at 10:56 p.m.
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
Roslyn Weisblum, City Manager
DATE:
RE:
Resolution No. R2012-77 (Chief Procurement Officer Brian K.
O'Connor)
BACKGROU D:
Resolution No.R2012-71 was approved on September 20, 2012, in
which the Mayor and Council of the City of North Miami Beach
authorized the City Manager to negotiate with Wells Fargo
Insurance Services USA, Inc., the first ranked firm for broker of
record services.
The City of North Miami Beach was able to reach an agreement
with Wells Fargo Insurance Services USA, Inc. on September 24,
2012. A summary of services were added to their proposal and
these terms are found in Exhibit C.
RECOMME DATIO :
It is the staff's recommendation to award the top ranked firm,
Wells Fargo Insurance Services USA, Inc., with regards to the
above-mentioned RFP.
FISCAL IMPACT:
Account Number: 010105-511310
Budget Amount: $70,000
Expenditure amount: $40,000
CO TACT PERSO (S):
Janette Smith, CPA, Finance Director
Brian K. O'Connor, CPO, Chief Procurement Officer
ATTACHME TS:
Review
Resolution No. R2012-77
Agreement with Wells Fargo
RFP No 2012-13 CITY OF NORTH MIAMI BEACH BROKER OF RECORD
Review Committee Meeting August 27 , 2012 at 2:00pm
EBS Advisors, Inc
Proposers
Ranking Criteria 
1
Millenium Benefits, Inc
Wells Fargo Insurance
Willis of Florida
Reviewer
#1
Reviewer
#2
Reviewer
#3
Reviewer
#1
Reviewer
#2
Reviewer
#3
Reviewer
#1
Reviewer
#2
Reviewer
#3
Reviewer
#1
Reviewer
#2
Reviewer
#3
30
30
38
20
30
30
38
40
39
38
40
32
16
15
19
10
15
12
18
20
17
18
20
16
10
10
13
5
10
10
12
15
12
12
10
13
20
20
20
10
10
16
25
25
22
15
15
21
Qualification and experience of the firm.
Statement of work and financials
Possible Points - 40
2
Qualification and experience of those who will
perform and oversee
the work.
3
Services provided to enhance the service to
employees
4
Fee proposed
TOTAL POINTS
76
Reviewer
#1
AVERAGE OF TOTAL POINTS
75
Reviewer
#2
90
Reviewer
#3
45
Reviewer
#1
80.33333333
Reviewer No.
Name
1
Janette Smith
2
Esther Martinez
3
Mac Serda
65
Reviewer
#2
59.33333333
Page 1 of 1
68
Reviewer
#3
93
Reviewer
#1
100
Reviewer
#2
94.33333333
90
Reviewer
#3
83
Reviewer
#1
85
Reviewer
#2
83.33333333
82
Reviewer
#3
RESOLUTIO
O. R2012-77
A RESOLUTIO OF THE MAYOR A D CITY COU CIL OF THE
CITY OF ORTH MIAMI BEACH, FLORIDA, AUTHORIZI G THE
CITY MA AGER TO EXECUTE A AGREEME T WITH WELLS
FARGO I SURA CE SERVICES, USA, I C., TO SERVE AS THE
BROKER OF RECORD FOR THE CITY OF ORTH MIAMI BEACH.
WHEREAS, the City of North Miami Beach issued RFP No. 2012-13 for the purpose of
selecting a qualified firm to serve as the City of North Miami Beach’s Broker of Record, whose
core services are outlined in Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, the Broker of Record will assist the City with the handling of the
employees' benefit plans which include, but is not limited to, the following: health insurance,
dental insurance, life insurance, flexible spending accounts, vision insurance, and other voluntary
benefits; and
WHEREAS, Request for Proposals notices were electronically mailed to 572 potential
local and national vendors, as well as advertised in the Daily Business Review on July 6, 2012;
and
WHEREAS, a total of four companies responded to the City’s Request for Proposals No.
2012-13 by the published deadline; and
WHEREAS, the Evaluation Committee composed of employee representatives reviewed
submittals, attended presentations, evaluated the proposals, and ranked Wells Fargo Insurance
Services, USA, Inc. as the first-ranked provider to serve as the Broker of Record for the City of
North Miami Beach; and
WHEREAS, based on the responses to the Request for Proposals No. 2012-13, the City
Council of the City of North Miami Beach authorizes the City Manager to execute an agreement
RESOLUTIO
O. R2012-77
with Wells Fargo Insurance Services, USA, Inc., to serve as Broker of Record for the City of
North Miami Beach.
OW, THEREFORE,
BE IT RESOLVED by the City Council of the City of North Miami Beach, Florida that:
Section 1. The foregoing recitals are true and correct.
Section 2. The Mayor and Council of the City of North Miami Beach, Florida, hereby
authorize and direct the City Manager to execute an Agreement, in a form acceptable to the City
Attorney, between the City and Wells Fargo Insurance Services, USA, Inc. to serve as Broker of
Record for the City of North Miami Beach, attached hereto as Exhibit "B" and incorporated
herein by reference.
APPROVED A D ADOPTED by the City of North Miami Beach City Council at the
regular meeting assembled this _____ day of October, 2012.
ATTEST:
___________________________
PAMELA L. LATIMORE
CITY CLERK
_______________________________
GEORGE VALLEJO
MAYOR
(CITY SEAL)
APPROVED AS TO FORM:
______________________________
DARCEE S. SIEGEL
CITY ATTORNEY
Sponsored by: Mayor and Council
RESOLUTIO
O. R2012-77
City of North Miami Beach, Florida
Procurement Management Division
948-2946
EXHIBIT C- AGREEMENT WITH WELLS FARGO INSURANCE SERVICES, USA, INC
SOLICITATION
RFP 2012-13 CITY OF NORTH MIAMI BEACH BROKER OF RECORD
10/9/2012
Resolution No. R2012-71 was approved on September 20, 2012, in which the Mayor and Council of the City of North Miami
Beach authorized the City Manager to negotiate with Wells Fargo Insurance Services USA, Inc., for the purpose of selecting
a firm to serve as the City of North Miami Beach’s broker of record.
The City of North Miami Beach was able to reach an agreement with Wells Fargo Insurance Services, USA, Inc.
(“Contractor”) on September 24, 2012 after adding the following terms to its proposal:
1. Deliverables printing, mailing, publishing, etc. will be provided at no additional cost to the City.
2.
3.
HR Help Line will be utilized if needed.
Wells Fargo will provide detailed information on Heath Fair events; number of events, marketing strategy,
communication campaign, invitees.
4. Wells Fargo will facilitate Web Portal that will be utilized mainly by City’s Human Resources Department and Risk
Management Division at no additional cost to the City.
5. Wells Fargo will provide information on third party vendors for open enrollment events, health fairs or other events.
6. Payments to Wells Fargo will be done monthly.
7. Wells Fargo will meet with City and provide quarterly or monthly reports of Emergency Room vs. Urgent Care
usage and compare results against other similar municipalities, industry or geographic peers.
8. Wells Fargo will provide advice on Union Plan structuring, City contributions, HDHP that will help City retain
employees.
9. Wells Fargo will provide Service Calendar and copy of all current agreements between the City and insurance
companies and ensure all services are delivered.
10. The attached Broker of Record Letter confirms the City has appointed Wells Fargo Insurance Services, USA, Inc. as
our exclusive broker of record.
17011 NE 19th Ave, North Miami Beach, FL 33162  305-948-2946  305-957-3522  [email protected]
City of North Miami Beach
October 9, 2012
RE: Appointment of Wells Fargo Insurance Services as New Broker of Record
To Whom It May Concern:
This letter confirms that, effective _________, we have appointed Wells Fargo Insurance
Services, 100 NE 3rd Ave., Suite 600, Fort Lauderdale, FL 33301 as our sole and exclusive Broker
of Record representing all of our existing employee benefit insurance programs.
By way of this communication, we request that Wells Fargo Insurance Services be given
complete access to all information pertaining to our insurance programs.
This authorization terminates any and all previous authorizations and remains in full force and
effect until we provide a written statement rescinding this authorization.
Our contact person at Wells Fargo Insurance Services is Jack A. Matos at 954-343-9248, fax
954-832-9863, or e-mail [email protected].
Thank you in advance for making this a smooth transition for everyone.
Sincerely,
Esther Martinez, Risk/Benefits Specialist
City of North Miami Beach
cc: Jack A. Matos
Wells Fargo Insurance Services
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
O'Connor)
BACKGROU D:
The City of North Miami Beach issued Invitation to Bid (ITB)
No. 2012-19 to contract with qualified contractors for the
furnishing of all , equipment, and materials for replacement of
hardware including brackets of existing lime control valve
actuators which are obsolete and 80% have stopped working.
Notices were electronically sent to 193 potential, local and
national vendors via DemandStar. Additionally, registered City
of North Miami Beach vendors under the commodity(s)
matching this project's scope were notified via email or phone.
Advertisements were placed in the Daily Business Review on
August 30, 2012. Signs and Bid Notices were posted in the City
Hall Lobby under Public Notices. The Bid (available for
download) and a brief description were posted on the City's
website.
The City took receipt of two responses on September 12, 2012.
RECOMME DATIO :
It is the evaluation committee's recommendation that the bid be
awarded to the lowest most responsive responsible bidder, Valve
& Actuation Services LLC DBA Chalmers & Kubeck South.
FISCAL IMPACT:
FY '12
Project Number: 011207-633463
Expenditure: $154,667
If additional labor is needed, it will be expended at the
contracted rate of 300/hour and within the budgetary amount for
this fiscal year.
CO TACT PERSO (S):
Shari Kamali, Director of Public Services
Brian K. O'Connor, Chief Procurement Officer
ATTACHME TS:
Agreement with Chalmers & Kubeck South
RESOLUTIO
O. R2012-78
A RESOLUTIO OF THE MAYOR A D CITY COU CIL
OF THE CITY OF ORTH MIAMI BEACH, FLORIDA,
AUTHORIZI G THE CITY MA AGER TO EXECUTE A
AGREEME T WITH CHALMERS & KUBECK SOUTH
FOR REPLACEME T OF EXISTI G LIME CO TROL
VALVE ACTUATORS.
WHEREAS, the City of North Miami Beach issued Invitation to Bid No. 2012-19 to
contract with qualified contractors for the furnishing of all equipment and materials for
replacement of hardware, including brackets, of existing lime control valve actuators which are
obsolete and 80% of which have stopped working; and
WHEREAS, bid notices were electronically mailed to 193 potential local and national
vendors, as well as advertised in the Daily Business Review, and posted on DemandStar by
Onvia, the City’s website, and in the lobby of City Hall. Additionally, all local and registered
City of North Miami Beach vendors under the commodity(ies) matching this project’s scope
were notified via email; and
WHEREAS, a total of two companies responded to the City's Invitation to Bid by the
published deadline; and
WHEREAS, an Evaluation Committee was convened to rank the responses to Bid No.
2012-19; and
WHEREAS, the Evaluation Committee recommended that Bid No. 2012-19 be awarded
to the lowest, most responsive, responsible bidder, Valve & Actuation Services, LLC dba
Chalmers & Kubeck South; and
WHEREAS, the City Council of North Miami Beach desires to award Bid No. 2012-19
and authorizes the City Manager to execute an Agreement between the City of North Miami
RESOLUTIO R2012-78
Beach and Chalmers & Kubeck South, for the furnishing of all equipment and materials for
replacement of hardware, including brackets, of existing lime control valve actuators.
OW, THEREFORE,
BE IT RESOLVED by the City Council of the City of North Miami Beach, Florida.
Section 2. The Mayor and Council of the City of North Miami Beach hereby award
Chalmers & Kubeck South, a total amount of $154,667. If additional labor is needed, and upon
the City's authorization, it will be expended at the contracted rate of $300/hour and within the
budgetary amount for each fiscal year.
authorize and direct the City Manager and the City Clerk to execute an agreement, in a form
acceptable to the City Attorney, between the City and Chalmers & Kubeck South, attached
hereto as Exhibit "A" and incorporated herein by reference.
regular meeting assembled this ____ day of October, 2012.
ATTEST:
___________________________
PAMELA L. LATIMORE
CITY CLERK
_______________________________
GEORGE VALLEJO
MAYOR
(CITY SEAL)
______________________________
DARCEE S. SIEGEL
CITY ATTORNEY
RESOLUTIO R2012-78
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
O'Connor)
BACKGROU D:
The City of North Miami Beach issued Invitation to Bid (ITB)
No. 2012-17 to contract with qualified contractors for the
furnishing of all labor, equipment, and materials for the
narrowbanding and upgrade of the City's two-way radio system
to follow standards and mandate of the Federal Communications
Commission for all conventional analog radio frequencies to be
narrowbanned before January 1st, 2013.
Notices were electronically sent to 675 potential, local and
national vendors via DemandStar. Additionally, registered City
of North Miami Beach vendors under the commodity(s)
matching this project's scope were notified via email or phone.
Advertisements were placed in the Daily Business Review on
August 3, 2012.
Signs and Bid Notices were posted in the City Hall Lobby under
Public Notices. The Bid (available for download) and a brief
description were posted on the City's website. The City took
receipt of four responses on August 31, 2012.
RECOMME DATIO :
It is the evaluation committee's recommendation that the bid be
awarded to the only responsive and responsible bidder, Control
Communications, Inc.
Communications
International,
Inc
and
Industrial
communications, Inc were disqualified because they did not use
the correct bid page per Addendum No.3. Radio OneCommunications Service Co. was disqualified because it
materially altered the scope of services requested by modifying
the City's Bid Form.
PROPOSED VENDOR: Control Communications, Inc 3650
Hacienda Boulevard Suite C Davie, FL 33314
FISCAL IMPACT:
FISCAL IMPACT: FY '12
Account Number: 410900-533830 011215-633463
Expenditure: $185,253
Unit price expenditures for additional services and equipment
will be established within the budgetary amount for each fiscal
year.
CO TACT PERSO (S):
Shari Kamali, Director of Public Services
Brian K. O'Connor, Chief Procurement Officer
ATTACHME TS:
Tabulation
Control Communications agreement
08/31/2012
RESOLUTIO
O. R2012-79
AUTHORIZI G THE CITY MA AGER TO EXECUTE A
AGREEME T WITH CO TROL COMMU ICATIO S,
I C. FOR
THE TWO-WAY RADIO SYSTEM
ARROWBA DI G A D UPGRADE.
WHEREAS, the City of North Miami Beach issued Invitation to Bid No. 2012-17 for the
furnishing of all labor, equipment and materials for the narrowbanding and upgrade of the City's
two-way radio system to follow the standards and mandate of the Federal Communications
Commission for all conventional analog radio frequencies to be narrowbanned before January 1,
2013; and
WHEREAS, the City of North Miami Beach's purposes are to update successfully its
two-way Federal Communications Commission (FCC) licenses, procure and narrowband
repeaters, narrowband portable radios, procure and narrowband mobile radios while
implementing GPS tracking capabilities, procure and install a multi-coupler, and install backup
repeaters while providing the capability of remote tone control; and
WHEREAS, the unit prices proposed for this project will be firm for a period of three
years should any additional equipment purchases or services be needed; and
WHEREAS, bid notices were electronically mailed to 675 potential local and national
vendors, as well as advertised in the Daily Business Review, and posted on DemandStar by
Onvia, the City’s website, and in the lobby of City Hall. Additionally, all local and registered
City of North Miami Beach vendors under the commodity(ies) matching this project’s scope
were notified via email; and
RESOLUTIO R2012-79
WHEREAS, a total of four companies responded to the City's Invitation to Bid by the
published deadline; and
WHEREAS, an Evaluation Committee was convened to rank the responses to Bid No.
2012-17; and
WHEREAS, Communication International, Inc. and Industrial Communications, Inc.
were disqualified because they did not use the correct Bid Form per Addendum No.3; and
WHEREAS, Radio One-Communications Service Co. was disqualified because it
materially altered the scope of services requested by modifying the City’s Bid Form; and
WHEREAS, the Evaluation Committee recommended that Bid No. 2012-17 be awarded
to the only responsive, responsible bidder, Control Communications, Inc.; and
WHEREAS, the City Council of North Miami Beach desires to award Bid No. 2012-17
and authorizes the City Manager to execute an Agreement between the City of North Miami
Beach and Control Communications, Inc., for the furnishing of all labor, equipment and
materials for the two-way radio system narrowbanding and upgrade.
OW, THEREFORE,
Section 2. The Mayor and Council of the City of North Miami Beach hereby award
Control Communications, Inc., a total amount of $185,253.00. Unit price expenditures for
additional services and purchases will be established within the budgetary amount for each fiscal
year.
authorize and direct the City Manager and the City Clerk to execute an agreement, in a form
RESOLUTIO R2012-79
acceptable to the City Attorney, between the City and Control Communications, Inc., attached
hereto as Exhibit "A" and incorporated herein by reference.
ATTEST:
___________________________
PAMELA L. LATIMORE
CITY CLERK
_______________________________
GEORGE VALLEJO
MAYOR
(CITY SEAL)
______________________________
DARCEE S. SIEGEL
CITY ATTORNEY
RESOLUTIO R2012-79
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
Resolution No. R2012-85 (City Manager Roslyn B. Weisblum)
BACKGROU D:
Section 180.191, Florida Statutes, grants every municipality in
Florida that operates water & sewer systems outside their own
boundaries the right to establish water & sewer rates for outside
city customers that include a surcharge up to 25% without a
special public hearing and up to 50% with a special public
hearing. The City of North Miami Beach has been appropriately
collecting the statutory surcharge pursuant to Sec. 180.191 since
1998. The City's water & sewer utility continues to provide high
quality water & sewer service to outside city customers, which
enables economic development in its service area and enhances
the quality of life of its customers.
RECOMME DATIO :
Approval.
FISCAL IMPACT:
CO TACT PERSO (S):
ATTACHME TS:
Darcee S. Siegel, City Attorney
RESOLUTIO
O. R2012-85
OPPOSI G A D PROTESTI G THE EFFORTS OF
MIAMI-DADE COU TY TO DE Y THE CITY’S WATER
& SEWER UTILITY THE SAME RATE-SETTI G
AUTHORITY GRA TED TO ALL MU ICIPALITIES I
THE STATE OF FLORIDA THAT OPERATE WATER OR
SEWER UTILITIES OUTSIDE THEIR MU ICIPAL
BOU DARIES.
WHEREAS, Section 180.191, Florida Statutes, grants every municipality in Florida that
operates water & sewer systems outside their own boundaries the right to establish water &
sewer rates for outside city customers that include a surcharge up to 25% without a special public
hearing and up to 50% with a special public hearing; and
WHEREAS, the surcharge permitted by the state recognizes and justifiably offsets the
capital costs and burden carried by a municipality’s tax paying citizens to enable the acquisition,
maintenance and operation of its water & sewer utility and, therefore, provide quality water &
sewer services for non-residents and non-municipal taxpayers; and
WHEREAS, the City of North Miami Beach has been appropriately collecting the
statutory surcharge pursuant to §180.191 since 1998; and
WHEREAS, the City of North Miami Beach’s water & sewer utility continues to provide
high quality water & sewer service to outside city customers, which enables economic
development in its service area and enhances the quality of life of its customers.
OW, THEREFORE,
BE IT RESOLVED by the City Council of the City of North Miami Beach
RESOLUTIO R2012-85
Section 2. The City of North Miami Beach opposes any change in the City’s water &
sewer utility rate making authority as established by the Florida Legislature in §180.191, Florida
Statutes.
Section 3. The City of North Miami Beach opposes any discriminatory action that would
treat its water & sewer utility rate making authority differently from the authority granted every
other municipality in the state that operates a water & sewer utility outside its corporate
boundaries.
Section 4. The City Clerk is hereby directed to send a copy of this Resolution to the
Miami-Dade County Board of County Commissioners, County Mayor Carlos A. Gimenez, the
Miami-Dade delegation, the President of the Florida Senate, the Speaker of the Florida House of
Representatives, Florida Governor Rick Scott, and the legislative leadership at The Florida
League of Cities, Inc.
ATTEST:
___________________________
PAMELA L. LATIMORE
CITY CLERK
_______________________________
GEORGE VALLEJO
MAYOR
(CITY SEAL)
______________________________
DARCEE S. SIEGEL
CITY ATTORNEY
SPONSORED BY: Mayor and City Council
RESOLUTIO R2012-85
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
Litigation List
BACKGROU D:
As of October 16, 2012.
RECOMME DATIO :
FISCAL IMPACT:
CO TACT PERSO (S):
ATTACHME TS:
Litigation List
TO:
FROM:
DATE:
October 16, 2012
__________________________________________________________________
LITIGATIO% LIST
I.
Civil Rights: (3)
Grizzle, R. and Wilson, D. v. CNMB, Mayor George Vallejo,
Jason Williams (Aventura) and Christian Lystad (NMB)
Civil Rights Violation/False Arrest COURT DISMISSED THE
SECO%D AME%DED COMPLAI%T
WITH PREJUDICE
Madura, Maryla v. CNMB, Antonio Marciante and Tony Sanchez, individually
Civil Rights Violation/False Arrest PARTIAL SUMMARY JUDGME%T/
PARTIAL DISMISSAL/
JURY VERDICT/
JUDGME%T GRA%TED I% FAVOR OF
CITY A%D POLICE OFFICERS
DEFE%DA%TS.
ALL BRIEFS HAVE BEE% FILED
WITH THE 11TH CIRCUIT COURT
OF APPEALS
Smith, T. v. CNMB, Nelson Reyes (NMB), Luis Soto (NMB),
Nelson Camacho (NMB), and Castronovo Cosimo (Aventura)
Civil Rights Violation
THE CITY HAS BEE% DISMISSED
II.
Personal Injury: (1)
Garcia, Ramona v. CNMB
Personal Injury
CITY I%DEM%IFIED A%D
HELD HARMLESS
III.
Other Litigation: (1)
Sports Advisory Consultants v. Fowkes v. CNMB, et al.
Breach of Contract
CASE BEI%G HA%DLED BY
TE%%IS CO%TRACTOR PER
TERMS OF CO%TRACT.
IV.
V.
Forfeitures: (2)
CNMB v. Central Auto Service/Fourreau/Guthrie
Forfeiture
PARTIALLY DEFAULTED
CNMB v. McCray/Sims/Nealy
Forfeiture
PARTIALLY SETTLED
Mortgage Foreclosures: (30)
Ajami Carpet Company v. (McCullough, et al.)
Mortgage Foreclosure
Aurora Loan Services, LLC v. CNMB (Martinez, et al)
DISMISSED
PROPERTY SOLD
BAC Home Loans. CNMB (Piedrahita, L. et al)
PROPERTY SOLD
Bank of America v. CNMB (Gonzalez, et al.)
PROPERTY SOLD
Bank of America v. CNMB (Pasmanter, et al)
CITY DROPPED AS PARTY
Bank of New York v. CNMB (Fiallo, et al)
DISMISSED
Bank of New York v. CNMB (Le)
DISMISSED
2
Beachwalk Properties, LLC v. CNMB (Oceanic Development, et al.)
SOLD
Chase Home Finance, LLC. V. CNMB (Rene et al)
SOLD
Citifinancial Equity Services, Inc. v. CNMB (Morales)
VOLU%TARY DISMISSAL
Deutsche Bank National v. CNMB (James, et al.)
VOLU%TARY DISMISSAL
Deutsche Bank National v. CNMB (Phillips)
PROPERTY SOLD
Fanny Mae v. CNMB (Van Wyk, et al.)
PROPERTY SOLD
Federal National v. CNMB (Ledesma, et al.)
DISMISSED
Flagstar Bank v. CNMB (Celiny, et al.)
%OTICE OF DISMISSAL
JP Morgan v. CNMB (Garcia)
DISMISSED
JP Morgan v. CNMB (Lopez, et al)
DISMISSED
JP Morgan v. CNMB (Perez, et al)
DISMISSED
JP Morgan v. CNMB (Villanustre)
DISMISSED
Kondaur Capital Corp v. CNMB (Rodarte, et al)
DISMISSED
Metro Bank v. CNMB (Macala, LLC)
PROPERTY SOLD
OneWest Bank v. CNMB (Wright, et al)
DROPPED AS PARTY
3
Owen Federal Bank v. CNMB (Bain)
PROPERTY SOLD
SunTrust Mortgage v. CNMB (Del Pilar, et al.)
PROPERTY SOLD
U.S. Bank NA v. CNMB (Martinez)
DISMISSED
U.S. Bank NA v. CNMB (Miller, et al)
DISMISSED
Washington Mutual Bank, F.A. v. CNMB, Sandra T. Porter, et al
DISMISSED
VI.
Wells Fargo Bank, N.A. v. CNMB (Campos, et al.)
DISMISSED
Wells Fargo Bank, N.A. v. CNMB (Garcia)
DISMISSED
Bankruptcies:
Lauriston, Charles
DISMISSED
4
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
Resolution No. R2012-80 (Finance Director Janette Smith)
BACKGROU D:
An amendment is needed for the Fiscal Year 2012 budget for the
General Fund to provide matching amounts pursuant to Florida
Department of Environmental Protection Agreement Number
F8086.
RECOMME DATIO :
Staff recommends approval of the budget amendment.
FISCAL IMPACT:
Increase in the actual expenditures of the General Fund of
$193,601.
CO TACT PERSO (S):
Janette Smith, Finance Director
ATTACHME TS:
RESOLUTIO
O. R2012-80
OF THE CITY OF ORTH MIAMI BEACH, FLORIDA
APPROVI G A BUDGET AME DME T TO I CREASE
BOTH THE REVE UES A D EXPE DITURES FOR THE
GE ERAL FU D I THE AMOU T OF $193,601.00 FOR
THE FISCAL YEAR COMME CI G OCTOBER 1, 2011 TO
I CREASE
AMOU TS
AVAILABLE
FOR
EXPE DITURES RELATED TO THE ARTHUR S YDER
TE IS CE TER PROJECT.
WHEREAS, the City Council of the City of North Miami Beach approved and adopted the
annual budget of the City of North Miami Beach for the fiscal year 2011-2012 by Ordinance No.
2011-14 (“Budget Ordinance”); and
WHEREAS, from time to time, during the normal conduct of the City’s operations,
situations arise which require the amendment or modification of the City’s annual adopted budget;
and
WHEREAS, the Budget Ordinance provides that from time to time, the City Council may
transfer money from one fund, account or department to another, as necessary, without being
required to further amend the terms and provisions of the Budget Ordinance; and
WHEREAS, the changes are necessary to increase budget amounts for expenditures paid for
improvements to the Arthur Snyder Tennis Center; and
WHEREAS, the project phase is complete and additional funding is necessary to close
the fund.
OW, THEREFORE,
RESOLUTIO R2012-80
Section 1.
The City of North Miami Beach is hereby authorized to amend the fiscal year
2011-2012 budget to transfer $193,601.00 from the General Fund to the Florida Recreation
Development Assistance Program Grants Fund, as required to meet the City's financial obligation.
APPROVED A D ADOPTED by the City Council of the City of North Miami Beach,
Florida at regular meeting assembled this ____ day of October, 2012.
ATTEST:
___________________________
PAMELA L. LATIMORE
CITY CLERK
_________________________
GEORGE VALLEJO
MAYOR
(CITY SEAL)
_________________________
DARCEE S. SIEGEL
CITY ATTORNEY
RESOLUTIO R2012-80
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
BACKGROU D:
An amendment is needed to increase the Fiscal Year 2012
budget for the Transit Surtax Fund to contribute a grant match
pursuant to Florida Department of Transportation Agreement
Number ARRA-455.
RECOMME DATIO :
FISCAL IMPACT:
Budget increases in both revenues and expenditures of $87,595.
Actual increases in expenditures of $87,595.
CO TACT PERSO (S):
ATTACHME TS:
RESOLUTIO
O. R2012-81
TRA SIT SURTAX FU D I THE AMOU T OF $87,595.00
FOR THE FISCAL YEAR COMME CI G OCTOBER 1,
2011 TO I CREASE AMOU TS AVAILABLE FOR E 19TH
AVE UE PROJECT.
WHEREAS, in August 2009, the City of North Miami Beach ("City") entered into a
contract through the American Recovery and Reinvestment Act with the Florida Department of
Transportation and was given $813,438.00 towards construction costs for the NE 19th Avenue
Roadway Improvements Project and as a condition for the grant, the City was required to match
the remainder of the total project cost; and
WHEREAS, according to the City's Finance Department records, the grant match was
intended to be paid from the Transit Surtax Fund; however, the matching funds were never
provided and the grant closed in 2012; and
annual budget of the City of North Miami Beach for the Fiscal Year 2011-2012 by Ordinance No.
and
RESOLUTIO R2012-81
WHEREAS, the changes are necessary to contribute the matching amount of the cost of
engineering services pursuant to grant agreement number ARRA-455; and
WHEREAS, roadway improvements are valid and appropriate expenditures for the Transit
Surtax Fund.
OW, THEREFORE,
Section 1.
The City of North Miami Beach is hereby authorized to amend the fiscal year
2011-2012 budget to transfer $87,595.00 from the Transit Surtax Fund to the NE 19th Avenue
Roadway Improvements Fund.
Florida at regular meeting assembled this ____ day of October, 2012.
ATTEST:
___________________________
PAMELA L. LATIMORE
CITY CLERK
_________________________
GEORGE VALLEJO
MAYOR
(CITY SEAL)
_________________________
DARCEE S. SIEGEL
CITY ATTORNEY
RESOLUTIO R2012-81
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
BACKGROU D:
An amendment is needed to increase the Fiscal Year 2012
budget for payments for workers' compensation claims that
exceed the original budgeted amount.
RECOMME DATIO :
Staff recommends transferring excess funds from the SelfInsurance Fund because sufficient excess funds are available
such that the budget of the Self-Insurance Fund need not be
increased.
FISCAL IMPACT:
Budget increase of $75,000 in both revenues and expenditures of
the Workers' Compensation Fund.
Increase in actual Self-Insurance Fund expenditures of $75,000
with no budgetary impact.
CO TACT PERSO (S):
ATTACHME TS:
RESOLUTIO
O. R2012-82
WORKERS’ COMPE SATIO FU D I THE AMOU T
OF $75,000.00 FOR THE FISCAL YEAR COMME CI G
OCTOBER 1, 2011 TO I CREASE AMOU TS AVAILABLE
FOR U EXPECTED WORKERS’ COMPE SATIO
CLAIMS EXPE DITURES.
WHEREAS, actual payments for workers' compensation claims have exceeded the
original budget amount for Fiscal Year 2012; and
WHEREAS, the Self Insurance Fund has sufficient excess funds available to transfer
those excess funds to the Workers' Compensation Fund; and
and
WHEREAS, the changes are necessary to increase budget amounts for expenditures owed for
Workers’ Compensation claims; and
RESOLUTIO R2012-82
WHEREAS, sufficient excess budget amounts are available in the Self-Insurance Fund
such that the total amount of budgeted expenditures need not be increased and funding has been
allocated on a similar basis.
OW, THEREFORE,
Section 1. The City of North Miami Beach is hereby authorized to amend the fiscal year
2011-2012 budget to transfer $75,000.00 from the Self-Insurance Fund to the Workers’
Compensation Fund.
Florida at regular meeting assembled this ___ day of October, 2012.
ATTEST:
___________________________
PAMELA L. LATIMORE
CITY CLERK
_________________________
GEORGE VALLEJO
MAYOR
(CITY SEAL)
_________________________
DARCEE S. SIEGEL
CITY ATTORNEY
RESOLUTIO R2012-82
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
BACKGROU D:
General Fund, the Water Fund, the Building Fund and the Solid
Waste Fund to true up the City's annual required contribution
(ARC) to the Retirement Plan and Trust for the General
Management Employees, (the Plan).
The amount outstanding is approximately $199,959. The General
Fund allocation is $125,112, the Water Fund is $52,080, the
Building Fund is $19,703 and Solid Waste Fund is $3,064.
RECOMME DATIO :
FISCAL IMPACT:
Increase in actual expenditures in the General Fund of $125,112.
Increase in actual expenditures in the Water Fund of $52,080.
Increase in actual expenditures in the Building Fund of $19,703.
Increase in actual expenditures in the Solid Waste Fund of
$3,064.
CO TACT PERSO (S):
ATTACHME TS:
RESOLUTIO
O. R2012-83
APPROVI G A BUDGET AME DME T TO TRA SFER
A AMOU T OF $125,112.00 FROM THE GE ERAL
FU D; $52,080.00 FROM THE WATER FU D; $19,703.00
FROM THE BUILDI G FU D A D $3,064.00 FROM THE
SOLID WASTE FU D I TO THE MA AGEME T
PE SIO PLA FOR THE FISCAL YEAR COMME CI G
OCTOBER 1, 2011.
WHEREAS, the City of North Miami Beach ("City") is required to annually budget its
Annual Required Contribution (ARC) to each of the City's three (3) pension plans; and
WHEREAS, to meet its ARC payment towards the General Management Employees
Pension, $125,112.00 is required from the General Fund allocation; $52,080.00 is required from
the Water Fund; $19,703.00 is required from the Building Fund; and $3,064.00 is required from
the Solid Waste Fund; and
annual budget of the City of North Miami Beach for the Fiscal Year 2011-2012 by Ordinance No.
and
RESOLUTIO R2012-83
WHEREAS, the transfer is necessary to provide additional funding for the 2010 annual
required contribution; and
WHEREAS, the General Fund, the Water Fund, the Building Fund and the Solid Waste
Fund are sufficiently funded such that the total amount of budgeted expenditures need not be
increased.
OW, THEREFORE,
BE IT RESOLVED by the City Council of the City of North Miami Beach, Florida that:
Section 1. The City Manager is hereby authorized to transfer funds in the amount of One
Hundred Twenty-Five Thousand One Hundred and Twelve Dollars ($125,112.00) from the
General Fund; Fifty-Two Thousand and Eighty Dollars ($52,080.00) from the Water Fund;
Nineteen Thousand Seven Hundred and Three Dollars ($19,703.00) from the Building Fund; and
Three Thousand Sixty-Four Dollars ($3,064.00) from the Solid Waste Fund for a total of One
Hundred and Ninety-Nine Thousand Nine Hundred and Fifty-Nine Dollars ($199,959.00) to the
Management Pension Plan.
ATTEST:
___________________________
PAMELA L. LATIMORE
CITY CLERK
_________________________
GEORGE VALLEJO
MAYOR
(CITY SEAL)
_________________________
DARCEE S. SIEGEL
CITY ATTORNEY
RESOLUTIO R2012-83
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
BACKGROU D:
Community Redevelopment Agency to reduce the Tax
Increment Financing (TIF) Revenue expected to be received
from Miami-Dade County.
Each fiscal year, the TIF is determined based on the County's
estimated tax roll. The TIF is adjusted for the difference between
the amount paid on the estimated tax roll and the amount that
should have been paid based on the actual tax roll from the
second year previous. In other words, the fiscal year 2013
amount has been adjusted by the difference between the amount
paid during fiscal year 2011 on the estimated tax roll and the
amount that should have been paid based on the actual tax roll.
The difference between the City's estimate of $250,000 adopted
as part of the Fiscal Year 2013 budget and the revised amount
provided by the County is $66,690.
RECOMME DATIO :
FISCAL IMPACT:
A decrease in budgeted revenues and expenditures of $66,690.
CO TACT PERSO (S):
ATTACHME TS:
RESOLUTIO
O. R2012-84
APPROVI G A BUDGET AME DME T TO DECREASE
COMMU ITY REDEVELOPME T AGE CY (CRA) FU D
104 I THE AMOU T OF $66,690.00 FOR THE FISCAL
YEAR COMME CI G OCTOBER 1, 2012 AS A RESULT OF
CORRECTIO S TO THE TAX I CREME T FI A CI G
(TIF) CALCULATIO S.
WHEREAS, each fiscal year, the Tax Increment Financing (TIF) Revenue expected to be
received from Miami-Dade County is determined based on the County's estimated tax roll; and
WHEREAS, the TIF is adjusted for the difference between the amount paid on the
estimated tax roll and the amount that should have been paid based on the actual tax roll; and
WHEREAS, the difference between the City's estimate of $250,000.00 adopted as part of
the Fiscal Year 2013 budget and the revised amount provided by the County is $66,690.00; and
and
RESOLUTIO R2012-84
WHEREAS, the changes are necessary to comply with the Miami-Dade County
Commission budget process for the Tax Increment Financing (TIF) of County Community
Redevelopment Agencies (CRAs); and
WHEREAS, the payment of the TIF is a necessary circumstance that requires the transfer of
funds from the General Fund to the CRA and the resulting amendment or modification of the City’s
annual adopted budget.
OW, THEREFORE,
Section 1. The City of North Miami Beach is hereby authorized to reduce the following
accounts and amounts:
•
•
•
•
•
•
•
•
•
•
County TIF contribution by $66,690.00
Advertising & Notices by $500.00
Other Administrative Expenses by $3,900.00
County Administrative Fee by $1,000.00
Contractual Services by $6,000.00
Printing & Publishing by $2,000.00
Marketing by $3,000.00
Legal Services by $5,000.00
Capital Projects by $28,176.00
Contingency by $17,114.00
ATTEST:
___________________________
PAMELA L. LATIMORE
CITY CLERK
(CITY SEAL)
_________________________
GEORGE VALLEJO
MAYOR
Sponsored by: Mayor and City Council
_________________________
DARCEE S. SIEGEL
CITY ATTORNEY
RESOLUTIO R2012-84
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
Ordinance No. 2012-27 - Second and Final Reading (City
Attorney Darcee S. Siegel)
BACKGROU D:
On September 16, 1980, the City of North Miami Beach
established a Code Enforcement Board to promote, protect and
improve the health, safety and welfare of its citizens by
providing an equitable, expeditious and effective method of
enforcing the City's Code of Ordinances. While the City's Code
Enforcement Board consists of seven (7) residents appointed by
the Mayor and City Council collectively, the Mayor and City
Council believe that each Councilperson should have his/her
own appointment to the Board to better represent all the City's
residents.
RECOMME DATIO :
Approval.
FISCAL IMPACT:
CO TACT PERSO (S):
ATTACHME TS:
Ordinance No. 2012-27
ORDI A CE O. 2012-27
A ORDI A CE AME DI G CHAPTER XIV OF THE
CODE OF ORDI A CES OF THE CITY OF ORTH
MIAMI BEACH E TITLED "BUILDI G A D HOUSI G"
A D AME DI G SECTIO 14-8.13 E TITLED "CODE
E FORCEME T BOARD; ORGA IZATIO ; SPECIAL
MAGISTRATES" BY ESTABLISHI G A
EW CODE
E FORCEME T BOARD; BY PROVIDI G FOR EACH
COU CIL MEMBER TO APPOI T A MEMBER TO THE
BOARD; BY PROVIDI G FI A CIAL DISCLOSURE OF
ITS MEMBERS; PROVIDI G FOR THE REPEAL OF ALL
ORDI A CES OR PARTS OF ORDI A CES I
CO FLICT
HEREWITH;
PROVIDI G
FOR
SEVERABILITY; PROVIDI G FOR THE CODIFICATIO
OF THIS ORDI A CE; A D PROVIDI G FOR A
EFFECTIVE DATE.
WHEREAS, Chapter 162 of the Florida Statutes authorizes a municipality to adopt an
alternate code enforcement system that gives code enforcement boards, or special magistrates
designated by the municipality, or both, the authority to hold hearings and assess fines against
violators of a municipality's codes and ordinances; and
WHEREAS, pursuant to state law, the governing body of a municipality may designate the
enforcement methods and penalties to be imposed for the violation of ordinances adopted by the
municipality; and
WHEREAS, on September 16, 1980, the City of North Miami Beach established a Code
Enforcement Board to promote, protect and improve the health, safety, and welfare of its citizens
by providing an equitable, expeditious and effective method of enforcing the City's Code of
Ordinances; and
WHEREAS, while the City of North Miami Beach's Code Enforcement Board consists of
seven (7) residents appointed by the Mayor and City Council collectively, the Mayor and City
1
Council believe that each Councilperson should have his/her own appointment to the Board to
better represent all the City's residents.
OW, THEREFORE,
BE IT ORDAI ED by the City Council of the City of North Miami Beach, Florida.
Section 2. Section 14-8.13 of the Code of Ordinances of the City of North Miami Beach,
entitled "Code Enforcement Board; Organization; Special Magistrates" is hereby amended as
follows:
14-8.13
Code Enforcement Board; Organization; Special
Magistrates.
a.
There is hereby created and established a Code
Enforcement Board to enforce the business tax receipts
regulations, building, zoning, sign and other related codes and
ordinances, which Board shall consist of seven (7) members and
may additionally have up to two (2) alternate members to serve in
the absence of Board members, appointed by the Mayor and City
Council for three (3) year terms, except as set forth herein.
Four (4) members, who represent seats 1, 3, 5, and 7, shall
be appointed to serve from November 15 of that year, and three (3)
members, who represent seats 2, 4, and 6, shall be appointed to
serve from November 15 of that year. For the first board only,
members appointed representing seats 1, 3, 5, and 7 shall be
appointed for a term of three (3) years, while members appointed
representing seats 2, 4, and 6 shall be appointed for a term of two
(2) years. Appointments to fill vacancies shall be for the unexpired
term only. Vacancies shall be filled by the councilperson's seat
that made the appointment.
Effective November 15, 2012, the first Code Enforcement
Board shall consist of newly-appointed members, in accordance
with the intent of the City Council and the City Charter. All board
members shall be newly appointed at the City Council meeting on
November 6, 2012. Alternates shall be appointed by the Mayor
and City Council. Members of the Code Enforcement Board shall
be subject to the provisions of Florida Statutes §286.012, relating
to voting at meetings of the board, and to the provision of Florida
Statutes §112.311-112.3175, inclusive, relating to financial
disclosure and conflicts of interest, and to the provisions of Florida
Statute §112.501, relating to suspension and removal from office.
2
Members of the Code Enforcement Board shall be
residents of the City of North Miami Beach. No person holding an
elective office of the City shall be eligible to appointment to the
Code Enforcement Board until at least one (1) year following
termination of his/her elective office. Appointments shall be made
on the basis of experience or interest in the fields of zoning and
building control. The membership of the Code Enforcement Board
shall, whenever possible, include an architect, a businessperson, an
engineer, a general contractor, a subcontractor and a realtor, but
shall not be limited to these professions.
b.
Members of the Code Enforcement Board shall be
appointed for three (3) year terms to commence on June 1
November 15 of the year of appointment. Any member may be
reappointed upon approval by the Mayor and City Council. Service
as an alternate member shall not preclude service as a regular
member. Appointments to fill a vacancy shall be for the remainder
of the unexpired term. If any member fails to attend two (2) of
three (3) successive meetings without cause and without prior
approval of the Chairmanperson, the Code Enforcement Board
shall declare the member's office vacant, and the Mayor and City
Council shall promptly fill such vacancy for the remainder of the
term.
c.
Members of the Code Enforcement Board shall
elect a Chairmanperson, who shall be a voting member from
among the members of the Board. The presence of four (4) or more
members shall constitute a quorum. Members shall serve without
compensation but may be reimbursed for such travel, mileage and
per diem expenses as may be authorized by the Mayor and City
Council.
d.
Special Magistrates shall be appointed by the City
Council to preside over code enforcement hearings in the same
capacity as the Code Enforcement Board and shall have the same
status as an Enforcement Board, pursuant to Florida Statute
Chapter 162. The Special Magistrate shall be an attorney-at-law
admitted to practice law in the State, a member in good standing of
the Florida Bar, shall possess outstanding reputations for civic
pride, interest, integrity, responsibility, and business or
professional ability, and have significant knowledge of the City's
Code enforcement matters and City Code.
e.
The City Attorney or Assistant City Attorney shall
either be counsel to the Code Enforcement Board or Special
Magistrate or shall represent the City by presenting cases before
the Code Enforcement Board or Special Magistrate. However, in
no case shall the attorney serve in both capacities.
3
(1957 Code § 6-112; Ord. No. 80-43 § 5, 9-16-80; Ord. No. 82-21
§§ 1, 2, 7-6-82; Ord. No. 91-2 § 2, 2-5-91; Ord. No. 2000-4 § 2, 52-00; Ord. No. 2010-9 § 2, 5-4-10)
entitled "Enforcement Procedures" is hereby amended as follows:
14-8.14
Enforcement Procedures.
a.
It shall be the duty of the Code Inspector to initiate
enforcement proceedings of the various codes. No member of the
Board or Special Magistrate shall have the power to initiate such
enforcement proceedings.
b.
Except as provided in paragraph c, if a violation of
any code is found, the Code Inspector shall notify the violator and
give him reasonable time to correct the violation. Should the
violation continue beyond the time specified for correction, the
Code Inspector shall request a hearing pursuant to the procedure in
the following section. Written notice shall be mailed or handdelivered to said violator as provided herein. Notice may also be
served by publication or posting.
c.
If the Code Inspector has reason to believe a
violation or condition causing the violation presents a serious
threat to the public health, safety or welfare, or if the violation is
irreparable or irreversible in nature, the Code Inspector may
proceed directly to the procedure set forth in subsection 14-18.15.
d.
If the owner of property which is subject to a Code
Enforcement proceeding changes ownership of the property
between the time when the initial notice was served and the time of
the hearing, the owner shall:
1.
Disclose in writing the violation to the prospective
transferee.
2.
Deliver a copy of the violation to the prospective
transferee.
3.
Disclose in writing that the new owner will be
responsible for compliance.
4.
File a notice with the City's Department of Code
Compliance and send a copy to the new owner stating the identity
and address of the new owner within five (5) days after the date of
transfer.
(a)
Failure to make the disclosures before the transfer
creates a rebuttable presumption of fraud.
4
(b)
If the property is transferred before the hearing, the
case shall not be dismissed, but the new owner shall be given a
reasonable time to correct the violation before the hearing.
(1957 Code § 6-113; Ord. No. 80-43 § 6, 9-16-80; Ord. No. 2000-4
§ 2, 5-2-00; Ord. No. 2010-9 §3, 5-4-10)
entitled "Enforcement Procedures" is hereby amended as follows:
14-8.15
Conduct of Hearing.
a.
The Chairman of the Board or Special Magistrate
may call hearings. Hearings may also be called by written notice
signed by at least three (3) members of the Board or by a Special
Magistrate. The Board or Special Magistrate, at any hearing, may
set a future hearing date. The Board or Special Magistrate shall
hold hearings as necessary. Minutes shall be kept of all hearings
and all hearings shall be open to the public. The City Council shall
provide clerical and administrative personnel as may be reasonably
required for the proper performance of the Board's and Special
Magistrate's duties.
b.
Each case before the Board or Special Magistrate
shall be presented by the Code Compliance City Manager or
his/her authorized designee.
c.
The Board or Special Magistrate shall proceed to
hear the cases on the agenda for that day. The Board or Special
Magistrate shall take testimony from the Code Inspector and
alleged violator. All testimony shall be under oath and shall be
recorded. Formal rules of evidence shall not apply, but
fundamental due process shall be observed and govern the
proceedings.
d.
At the conclusion of the hearing, the Board or
Special Magistrate shall issue findings of fact based on evidence
and conclusion of law and shall issue an order affording the proper
relief consistent with powers granted herein. The findings of the
Board shall be by motion approved by a majority of those present
and voting, except that at least four (4) members of the Board must
vote for the action to be official.
e.
The City Attorney or his/her authorized designee
shall serve as counsel and advisor to the Code Enforcement Board
and Special Magistrate. If the City prevails at the hearing before
the Code Enforcement Board and Special Magistrate, it shall be
entitled to recover all costs incurred in presenting the case before
the Board or Special Magistrate and such costs may be included in
the lien. (1957 Code § 6-114; Ord. No. 80-43 § 7, 9-16-80; Ord.
5
No. 80-67 § 2, 1-6-81; Ord. No. 82-21 § 3, 7-6-82; Ord. No. 20004 6-114, 5-2-00; Ord. No. 2010-9 § 4, 5-4-10)
Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 6. If any section, subsection, clause or provision of this ordinance is held invalid,
the remainder shall not be affected by such invalidity.
Section 7. It is the intention of the City Council of the City of North Miami Beach and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of North Miami Beach, Florida. The Sections of this Ordinance may be
renumbered or relettered to accomplish this intention and the word “Ordinance” may be changed to
“Section”, “Article” or other appropriate word as the codifier may deem fit.
APPROVED BY TITLE O LY on first reading this 2nd day of October, 2012.
APPROVED A D ADOPTED on second reading this ___ day of ________, 2012.
ATTEST:
______________________
PAMELA L. LATIMORE
CITY CLERK
(CITY SEAL)
______________________
GEORGE VALLEJO
MAYOR
APPROVED AS TO FORM
_______________________
DARCEE S. SIEGEL
CITY ATTOR EY
6
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
Ordinance No. 2012-28 - Second and Final Reading (City Attorney
Darcee S. Siegel)
BACKGROU D:
The City of North Miami Beach's Planning & Zoning Board was
created pursuant to City Charter. The Mayor and City Council
have determined that establishing criteria/qualifications of Board
members would allow the Board to acquire the expertise needed to
serve on this Board. While the City's Planning & Zoning Board
consists of seven (7) residents appointed by the Mayor and City
Council collectively, the Mayor and City Council believe that each
Councilperson should have his/her own appointment to the Board
to better represent all the City's residents. Since the Planning &
Zoning Board Ordinance contains antiquated language and has not
been amended for many years, the Mayor and City Council believe
that updating the language to be consistent with State statutes and
modern technology is warranted. The Mayor and City Council
believe that the proposed changes to this Ordinance will provide
for a more efficient and knowledgeable Board that will serve in a
better manner, and will be in the best interest of all the citizens of
the City of North Miami Beach.
RECOMME DATIO :
Approval.
FISCAL IMPACT:
CO TACT PERSO (S):
ATTACHME TS:
A ORDI A CE OF THE MAYOR A D CITY COU CIL
AME DI G CHAPTER II OF THE CODE OF
ORDI A CES OF THE CITY OF ORTH MIAMI BEACH
E TITLED "STRUCTURE OF CITY GOVER ME T" A D
AME DI G SECTIO 2-67 E TITLED "PLA I G A D
ZO I G BOARD", BY ESTABLISHI G A EW PLA I G
A D ZO I G BOARD; BY CREATI G QUALIFICATIO S
OF MEMBERS; REQUIRI G FI A CIAL DISCLOSURE
OF BOARD MEMBERS; BY PROVIDI G FOR EACH
COU CILMEMBER TO APPOI T A MEMBER TO THE
BOARD;
BY
DELETI G
THE
COMPE SATIO
PROVISIO ; BY CHA GI G THE TIME A D
FREQUE CY OF THE BOARD MEETI GS; BY
PROVIDI G FOR POSTI G OF OTICE OF MEETI GS
O
THE CITY'S WEBSITE; PROVIDI G FOR THE
REPEAL OF ALL ORDI A CES I
CO FLICT
HEREWITH; PROVIDI G FOR THE CODIFICATIO OF
THIS ORDI A CE; A D PROVIDI G FOR A
EFFECTIVE DATE.
WHEREAS, the City of North Miami Beach's Planning and Zoning Board was created
pursuant to City Charter; and
WHEREAS,
the Mayor and City Council have determined that establishing
criteria/qualifications of Board members would allow the Board to acquire the expertise needed
to serve on this Board; and
WHEREAS, while the City of North Miami Beach's Planning and Zoning Board consists
of seven (7) residents appointed by the Mayor and City Council collectively, the Mayor and City
Council believe that each Councilperson should have his/her own appointment to the Board to
better represent all the City's residents; and
WHEREAS, since the Planning and Zoning Board Ordinance contains antiquated
language and has not been amended for many years, the Mayor and City Council believe that
updating the language to be consistent with State statutes and modern technology is warranted;
and
WHEREAS, the Mayor and City Council believe that the proposed changes to this
Ordinance will provide for a more efficient and knowledgeable Board that will serve in a better
manner, and will be in the best interest of all the citizens of the City of North Miami Beach.
OW, THEREFORE,
Section 2. Section 2-67.2 of the Code of Ordinances of the City of North Miami Beach
entitled "First Board" is hereby amended as follows:
2-67.2 First Board.
Effective November 15, 2012, Tthe first Planning and Zoning Board
appointed hereunder shall be effected at the first meeting of the City Council
immediately following May 1, 1958, shall consist of newly-appointed members in
accordance with the intent of the City Council and the City Charter Board and the
ruling by the Attorney for the Charter Board, the intent and ruling now being on
file with the City Clerk. All board members shall be newly appointed at the City
Council meeting on November 6, 2012. (1957 Code § 2-72; Ord. No. 843 §§ 2–4,
12, 5-6-58; Ord. No. 60-22 § 1, 7-19-60; Ord. No. 79-20 § 2, 9-4-79)
entitled "Membership. Qualification of Members and Financial Disclosure" is hereby amended as
follows:
2-67.3 Membership. Qualification of Members and Financial Disclosure.
Every member appointed to the Planning & Zoning Board shall be a qualified
elector residing within the City of North Miami Beach and not an employee of the
County or City. No person holding an elective office of the City shall be eligible
for appointment to the Planning and Zoning Board at least one (1) year following
termination of his/her elective office.
Members of the Board shall be subject to the provisions of Florida Statutes
§286.012, relating to voting at meetings of the Board, and to the provision of
Florida Statutes §112.311-112.3175, inclusive, relating to financial disclosure and
2
conflicts of interest, and to the provisions of Florida Statutes §112.501, relating to
suspension and removal from office.
Members of the Planning and Zoning Board shall have a license in
engineering or contracting, or have equivalent professional experience in the
area(s) of city planning, land use planning, transportation planning, urban
planning, community development, real estate, mixed-use development, statistics,
public economics, construction management, general contracting, architecture, or
a law degree.
Each of the seven (7) councilpersons shall appoint one (1) member to the
Planning and Zoning Board. Each member of the Planning and Zoning Board
shall sit as one particular councilperson's appointee and shall be designated as
sitting in that councilperson's seat number.
The Planning and Zoning Board members shall be appointed for terms of two
(2) years. Four (4) members, who represent seats 1, 3, 5 and 7, shall be
appointed in every odd-numbered year to serve from June 1 November 15 of that
year, and three (3) members, who represent seats 2, 4 and 6, shall be appointed in
every even-numbered year to serve from June 1 November 15 of that year. For
the new first board only, members appointed representing seats 1, 3, 5, and 7 shall
be appointed for a term of three years. The Aappointments to fill vacancies shall
be for the unexpired term only. Vacancies shall be filled by the councilperson's
seat that made the appointment. (1957 Code § 2-72; Ord. No. 843 §§ 2–4, 12, 5-658; Ord. No. 60-22 § 1, 7-19-60; Ord. No. 79-20 § 2, 9-4-79)
entitled "Compensation" is hereby deleted as follows:
2-67.4 Compensation.
The members of the Planning and Zoning Board shall receive as
compensation for their expenses the sum of ten ($10.00) dollars per month per
member, except that the chairman of the Board shall receive as compensation for
his expenses an additional forty ($40.00) dollars per month. (Ord. No. 843 §§ 2–
4, 12, 5-6-58; Ord. No. 60-72 § 1, 7-19-60; Ord. No. 79-20 § 2, 9-4-79)
Charter reference—For provisions relating to Planning and Zoning and to
Planning and Zoning Board see Charter §§ 101—107.
Cross reference—For provisions relating to Zoning, generally, see Chapter
XXIV.
entitled "Meetings" is hereby amended as follows:
2-67.54 Meetings.
The regular meeting of the Planning and Zoning Board shall be at 7:30 6:00
p.m. on the second and fourth Mondays of each month, at City Hall. (1957 Code
3
§ 2-73; Ord. No. 843 §§ 5–10, 13, 5-6-58; Ord. No. 862 §§ 1, 2, 5-27-58; Res.
No. R61-69, 8-1-61; Res. No. R76 § 1, 9-7-61; Ord. No. 73-10 § 1, 6-19-73; Ord.
No. 73-14 § 1, 9-4-73; Res. No. R77-13 § 1, 2-1-77).
entitled "Failure to Attend Meetings" is hereby amended as follows:
2-67.76 Failure to Attend Meetings.
If any member fails to attend more than four (4) two (2) of three (3)
consecutive regular or special meetings, without due cause and without prior
approval of the Chairperson, his that member's seat shall be automatically vacated
and thereupon the City Councilperson whose seat corresponds to the appointment
shall appoint a new member in his stead to that seat for the remainder of his that
member's term of appointment. (1957 Code § 2-73; Ord. No. 843 §§ 5–10, 13, 56-58; Ord. No. 862 §§ 1, 2, 5-27-58; Res. No. R61-69, 8-1-61; Res. No. R76 § 1,
9-7-61; Ord. No. 73-10 § 1, 6-19-73; Ord. No. 73-14 § 1, 9-4-73; Res. No. R7713 § 1, 2-1-77)
entitled "Chairman; Call for Special Meetings" is hereby amended as follows:
2-67.98 Chairmanperson; Call for Special Meetings.
A chairmanperson of the Board shall be elected annually on during the second
Tuesday meeting of each May December of each year by a majority of the
members. He/she shall serve as permanent chairmanperson for one (1) year. In
his/her absence, a vice-chairmanperson may be named for the meeting by a
majority of the members present. The chairmanperson, or his designated
representative, shall attend all regular and special meetings of the City Council. A
special meeting of the Board may be called by not less than five (5) members of
the Board. The call shall be in writing and a copy shall be furnished to each
member of the Board not less than three (3) days prior to the date of the special
meeting. (1957 Code § 2-73; Ord. No. 843 §§ 5–10, 13, 5-6-58; Ord. No. 862 §§
1, 2, 5-27-58; Res. No. R61-69, 8-1-61; Res. No. R76 § 1, 9-7-61; Ord. No. 73-10
§ 1, 6-19-73; Ord. No. 73-14 § 1, 9-4-73; Res. No. R77-13 § 1, 2-1-77)
entitled "Special Meeting" is hereby amended as follows:
2-67.109 Special Meeting.
A special meeting of the Board may be called in writing. The purpose or
purposes of the special meeting shall be clearly stated in the notice and no matters
may be considered at the special meeting other than those stated in the notice. The
4
notice of the special meeting shall be posted on the bulletin board of the City Hall
and on the City's website for not less than three (3) days prior to the date of the
meeting. An agenda of the special meeting shall be prepared and published not
less than three (3) days prior to the special meeting and copy thereof shall be
posted on the bulletin board and on the City's website, together with the notice of
the special meeting. (1957 Code § 2-73; Ord. No. 843 §§ 5–10, 13, 5-6-58; Ord.
No. 862 §§ 1, 2, 5-27-58; Res. No. R61-69, 8-1-61; Res. No. R76 § 1, 9-7-61;
Ord. No. 73-10 § 1, 6-19-73; Ord. No. 73-14 § 1, 9-4-73; Res. No. R77-13 § 1, 21-77)
entitled "Secretary Authorized; Certified Copies of Minutes to be Furnished Councilmembers by
Secretary " is hereby amended as follows:
2-67.1211 Secretary Authorized; Certified Copies of Minutes to be
Furnished Councilmembers by Secretary.
a.
A permanent secretary shall be assigned by the City
Manager. The secretary shall receive such compensation for his/her expenses and
services as the City Council may direct. The secretary shall be responsible for and
shall keep permanent minutes and records of all meetings of the Board. The
secretary shall file the minutes and records in the office of the City Clerk.
Certified copies of the minutes of all meetings of the
b.
Planning and Zoning Board, be they regular or special, shall be furnished to each
City Councilmember by the permanent secretary of the Planning and Zoning
Board. Delivery of sufficient certified copies of the minutes to the City Clerk shall
be sufficient to meet these requirements.
(1957 Code § 2-74; Ord. No. 843 §§ 11, 15, 5-6-58)
Section 11. If any section, subsection, clause or provision of this ordinance is held invalid
Section 12. It is the intention of the City Council of the City of North Miami Beach and it
is hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of North Miami Beach, Florida. The Sections of this Ordinance
may be renumbered or relettered to accomplish this intention and the word “Ordinance” may be
changed to “Section”, “Article” or other appropriate word as the codifier may deem fit.
5
ATTEST:
______________________
PAMELA L. LATIMORE
CITY CLERK
(CITY SEAL)
______________________
GEORGE VALLEJO
MAYOR
APPROVED AS TO FORM
_______________________
DARCEE S. SIEGEL
CITY ATTOR EY
6
17011 E 19 Avenue
305-947-7581
www.citynmb.com
MEMORA DUM
Print
TO:
FROM:
DATE:
RE:
Ordinance No. 2012-29 - Second and Final Reading (City
Attorney Darcee S. Siegel)
BACKGROU D:
The City of North Miami Beach's Public Utilities Commission
was created pursuant to City Charter. While the City's Public
Utilities Commission consists of seven (7) residents appointed
by the Mayor and City Council collectively, the Mayor and City
Council believe that each Councilperson should have his/her
own appointment to the Commission to better represent all the
City's residents. The Mayor and City Council believe that the
changes of this Ordinance will provide for a more efficient and
knowledgeable Commission that will serve in a better manner,
and will be in the best interest of all the citizens of North Miami
Beach.
RECOMME DATIO :
Approval.
FISCAL IMPACT:
CO TACT PERSO (S):
ATTACHME TS:
A ORDI A CE AME DI G CHAPTER II OF THE CODE
OF ORDI A CES OF THE CITY OF ORTH MIAMI
BEACH E TITLED "STRUCTURE OF GOVER ME T"
A D AME DI G SECTIO 2-55 E TITLED "PUBLIC
UTILITIES COMMISSIO " BY ESTABLISHI G A EW
PUBLIC UTILITIES COMMISSIO ; BY PROVIDI G FOR
EACH COU CIL MEMBER TO APPOI T A MEMBER TO
THE COMMISSIO ; BY REQUIRI G FI A CIAL
DISCLOSURE OF COMMISSIO
MEMBERS; BY
DEFI I G A QUORUM OF THE COMMISSIO ; BY
DESIG ATI G THE CLERK OR HIS/HER DESIG EE AS
THE COMMISSIO 'S SECRETARY; A D BY CREATI G
A EW SUB-SECTIO E TITLED "QUALIFICATIO OF
MEMBERS"; PROVIDI G FOR THE REPEAL OF ALL
ORDI A CES OR PARTS OF ORDI A CES I
CO FLICT
HEREWITH;
PROVIDI G
FOR
SEVERABILITY; PROVIDI G FOR THE CODIFICATIO
OF THIS ORDI A CE; A D PROVIDI G FOR A
EFFECTIVE DATE.
WHEREAS, the City of North Miami Beach's Public Utilities Commission was created
pursuant to City Charter; and
WHEREAS, the Mayor and City Council have determined that establishing
criteria/qualifications for Public Utilities Commission members would allow the Commission to
acquire the expertise needed to serve on this Commission; and
WHEREAS, while the City of North Miami Beach's Public Utilities Commission consists
of seven (7) residents appointed by the Mayor and City Council collectively, the Mayor and City
Council believe that each Councilperson should have his/her own appointment to the Commission
to better represent all the City's residents; and
1
WHEREAS, the Mayor and City Council believe that the changes to this Ordinance will
provide for a more efficient and knowledgeable Commission that will serve in a better manner, and
will be in the best interest of all the citizens of North Miami Beach.
OW, THEREFORE,
entitled "Creation" is hereby amended as follows:
2-55.1
Creation; First Board.
There is hereby created, and shall be in and for the City, a
Public Utilities Commission. Effective November 15, 2012, the
Public Utilities Commission shall consist of newly-appointed
members, in accordance with the intent of the City Council and the
City Charter. All board members shall be newly appointed at the
City Council meeting on November 6, 2012. (1957 Code § 2-121;
Ord. No. 74-13 § 1, 10-1-74)
entitled "Membership; Vacancies, Chairperson" is hereby amended as follows:
2-55.2
Membership; Vacancies, Chairperson., Quorum.
The Public Utilities Commission shall be composed of
seven (7) members appointed by the City Council, which members
shall serve terms of two (2) years. Each of the seven (7)
Councilpersons shall appoint one (1) member to the Public
Utilities Commission. Each member of the Public Utilities
Commission shall sit as one particular Councilperson's appointee
and shall be designated as sitting in that Councilperson's seat
number. In every even odd-numbered year, four (4) members, who
represent Seats 1, 3, 5 and 7, shall be appointed to serve terms of
two (2) years each, which terms shall commence on June 1
November 15 of that year; and, three (3) members, who represent
Seats 2, 4, and 6, shall be appointed in every odd even-numbered
year, each to serve a term of two (2) years from June 1 November
15 of that year. For the first new board only, members appointed
2
representing seats 1, 3, 5, and 7 shall be appointed for a term of
three years.
Should a vacancy occur for any reason, illness, removal or
otherwise any other reason, then, and in that event, the vacancy so
created shall be filled for the remainder of the unexpired term by
the City Council Councilperson's seat that made the appointment.
All appointments shall continue until the successors have
qualified been appointed. Each person appointed to the
Commission shall be a bona fide resident of the City, but no person
holding an elective office of the City shall be eligible to
appointment until at least one (1) year following termination of
his/her last elective office. Any member may be appointed to
succeed himself and may be removed and disqualified for cause at
any time, as set forth by the terms of the Charter amendment for
appointed members, by the affirmative vote of five (5) members of
the City Council, after being given an opportunity to be openly
heard on the charges against him, and any member shall also be
subject to recall and removal upon petition of the qualified voters
in the same manner provided for the recall and removal of an
elective officer of the City. Members of the Commission shall be
subject to the provisions of Florida Statutes §286.012, relating to
voting at meetings of the Commission, and to the provision of
Florida Statutes §112.311-112.3175, inclusive, relating to financial
Statutes §112.501, relating to suspension and removal from office.
The members of the Commission shall receive such compensation
as may be fixed from time to time by the City Council, and all such
compensation shall be paid monthly as an operating expense of the
Works and Sewer Systems City's Public Services Department;
provided, however, that no member of the Commission may be
employed as a manager, engineer, attorney, or other operating
officer of the Works and Sewer System City's Public Services
Department. The members of the Commission shall designate one
(1) of their number members to serve as Chairmanperson for a
period of one (1) year, and shall thereafter annually designate one
(1) of their number members to serve as Chairmanperson for one
(1) year.
The presence of four (4) or more members shall
constitute a quorum. (1957 Code § 2-122; Ord. No. 74-13 § 1, 101-74; Ord. No. 79-20 § 2, 9-4-79)
3
entitled "Appointment of Members" is hereby amended as follows:
2-55.3
Appointment of Members.
Upon the expiration of the term of any appointee to the
Public Utilities Commission, the City Council shall appoint a
successor. The appointment of members to the Public Utilities
Commission shall be in accordance with Section 2-55.2. Any
member may be appointed by the City Council to succeed himself.
In the event of a vacancy for any cause at any time, it shall be
filled for the unexpired term in the same manner as set out herein.
All appointments shall continue until the successors have qualified
been appointed. No person holding an elective office of the City
shall be eligible for appointment until at least one (1) year
following the termination of his last elective office. (1957 Code §
2-123; Ord. No. 74-13 § 1, 10-1-74)
entitled "Secretary; Duties" is hereby amended as follows:
2-55.4
Secretary; Duties.
The Public Utilities Commission shall designate
one (1) of its members as secretary, who The City Clerk or
his/her designee shall perform the functions and duties
customarily performed by a secretary, as defined in
Robert's Rules of Order. In addition, the secretary shall
have the duty of countersigning all checks for
disbursements made by the Public Services Department.
If the secretary fails, or is unable to sign, the Director of
Finance shall sign. The secretary shall also check and
approve all monthly budget reports prepared by the chief
accountant and shall perform such other duties as may be
assigned to him by the Public Utilities Commission, the
City Manager, or the existing or future bond ordinances
transcribing and storing all minutes, agenda and
documents for the Public Utilities Commission. (1957
Code § 2-124; Ord. No. 74-13 § 1, 10-1-74)
entitled "Limitation on Powers" is hereby amended as follows:
4
2-55.6
Limitation on Powers.
The Public Utilities Commission shall at all times
perform its duties with regard to the water and sewer
systems consistent and in accordance with the ordinances
adopted by the City Council, from time to time, specifying
the powers and duties of the Public Utilities Commission.
The Public Utilities Commission shall also review and
approve all monthly budget reports prepared by the
Public Services Department and/or the City's Finance
Department. (1957 Code § 2-126; Ord. No. 74-13 § 1, 10-174)
entitled "Qualification of Members; Financial Disclosure; Suspension and Removal from Office" is
hereby created as follows:
2-55.7 Qualification of Members; Financial Disclosure;
Suspension and Removal from Office.
Every member appointed to the Public Utilities
Commission shall be a resident within the City of North Miami
Beach, and not an employee of the County, the City, or in an area
serviced by the City's water service.
Members of the Commission shall be subject to the
provisions of Florida Statutes §286.012, relating to voting at
meetings of the Commission, and to the provision of Florida
Statutes §§112.311-112.3175, inclusive, relating to financial
Statutes §112.501, relating to suspension and removal from office.
Members of the Public Utilities Commission shall have a
professional degree or equivalent professional experience in the
area(s) of public economics, public finance, public infrastructure,
taxation, asset management, city planning, civil engineering,
electrical engineering, architectural engineering, agricultural
engineering, mechanical engineering, ocean engineering, energy
engineering, any management position, any supervisory position,
any board experience or any other related field associated with the
above.
5
Section 9. If any section, subsection, clause or provision of this ordinance is held invalid,
Section 10. It is the intention of the City Council of the City of North Miami Beach and it
is hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of North Miami Beach, Florida. The Sections of this Ordinance
may be renumbered or relettered to accomplish this intention and the word “Ordinance” may be
changed to “Section”, “Article” or other appropriate word as the codifier may deem fit.
ATTEST:
______________________
PAMELA L. LATIMORE
CITY CLERK
(CITY SEAL)
______________________
GEORGE VALLEJO
MAYOR
APPROVED AS TO FORM
_______________________
DARCEE S. SIEGEL
CITY ATTOR EY
6

CITY OF NORTH MIAMI BEACH City Council Meeting Council

Transcription

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