CITY OF NORTH MIAMI BEACH

Transcription

1 CITY OF NORTH MIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 2nd Floor NE 19th Avenue North Miami Beach, FL Tuesday, May 16, :00 PM Mayor George Vallejo Vice Mayor Marlen Martell Commissioner Anthony F. DeFillipo Commissioner Barbara Kramer Commissioner Beth E. Spiegel Commissioner Frantz Pierre Commissioner Phyllis Smith City Manager Ana M. Garcia, ICMA-CM City Attorney Jose Smith City Clerk Pamela L. Latimore, CMC Notice to All Lobbyists Any person who receives compensation, remuneration or expenses for conducting lobbying activities is required to register as a Lobbyist with the City Clerk prior to engaging in lobbying activities before City Boards, Committees, or the City Commission. City Commission Meeting Agenda 1. ROLL CALL OF CITY OFFICIALS 2. INVOCATION TBA 3. PLEDGE OF ALLEGIANCE 4. REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA 5. PRESENTATIONS / DISCUSSIONS 6. PUBLIC COMMENT To All Citizens Appearing Under Public Comment The Commission has a rule which does not allow discussion on any matter which is brought up under Public Comment. We are, however, very happy to listen to you. The reason for this is that the Commission must have Staff input and prior knowledge as to the facts and figures, so that they can intelligently discuss a matter. The Commission may wish to ask questions regarding this matter, but will not be required to do so. At the next or subsequent Commission meeting you may have one of the Commissioners introduce your matter as his or her recommendation. We wish to thank you for taking the time to

2 bring this matter to our attention. Under no circumstances will personal attacks, either from the public or from the dais, be tolerated. Speaking Before the City Commission There is a three (3) minute time limit for each speaker during public comment and a three (3) minute time limit for each speaker during all public hearings. Your cooperation is appreciated in observing the three (3) minute time limit policy. If you have a matter you would like to discuss which requires more than three (3) minutes, please feel free to arrange a meeting with the appropriate administrative or elected official. In the Commission Chambers, citizen participants are asked to come forward to the podium, give your name and address, and the name and address of the organization you are representing, if any. If you are speaking on a public hearing item, please speak only on the subject for discussion. Thank you very much, in advance, for your cooperation. Pledge of Civility A resolution was adopted by the Mayor and City Commission of the City of North Miami Beach recognizing the importance of civility, decency, and respectful behavior in promoting citizen participation in a democratic government. The City of North Miami Beach calls upon all residents, employees, and elected officials to exercise civility toward each other. (Resolution Nos. R , 11/06/07 and R , 4/26/11) 7. APPOINTMENTS 7.1. Appointing Commissioner Anthony F. DeFillipo as Vice Mayor (Pamela L. Latimore, CMC, City Clerk) Appointing Commissioner Anthony F. DeFillipo as the Vice Mayor beginning June 1, CONSENT AGENDA 8.1. Regular Meeting Minutes of April 18, 2017 (Pamela L. Latimore, CMC, City Clerk) 8.2. Resolution R Florida Inland Navigation District Grant Application (William Hernandez, Chief of Police) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT'S REQUEST TO THE FLORIDA INLAND NAVIGATION DISTRICT'S 2017 WATERWAYS ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE FOR THE PURCHASE OF A LAW ENFORCEMENT BOAT. 9. CITY MANAGER'S REPORT 9.1. SLAM Charter School (Ana M. Garcia, City Manager) 9.2. National Kids to Parks Day (Esmond K. Scott, Assistant City Manager) Saturday, May 20, 2017 from 12:00 pm 4:00 pm

3 9.3. Memorial Day Ceremony (Esmond K. Scott, Assistant City Manager) Monday, May 29, 2017 at 10:00 am at the All Wars Memorial Park NE 16 th Avenue 9.4. Forfeiture (LETF) Appropriation Request (William Hernandez, Chief of Police) 10. CITY ATTORNEY'S REPORT 10.1.Litigation List (Jose Smith, City Attorney) Litigation List as of May 15, MAYOR'S DISCUSSION 12. MISCELLANEOUS ITEMS Executive Session (Jose Smith, City Attorney) 13. BUSINESS TAX RECEIPTS - None 14. LEGISLATION 14.1.Resolution No. R NMB Water Contract Operations Management (Ana M. Garcia, City Manager and Jose Smith, City Attorney) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND CH2M HILL ENGINEERS, INC. PURSUANT TO REQUEST FOR QUALIFICATIONS ( RFQ ) , NMB WATER OPERATIONS, MAINTENANCE, AND PROGRAM MANAGEMENT SERVICES FOR THE OPERATION AND MAINTENANCE OF NMB WATER FOR AN INITIAL TERM OF TEN YEARS WITH AN ANNUAL FEE OF $19,300,000, FOR THE FIRST YEAR, AND $18,800,000 YEARLY THEREAFTER FOR THE REMAINDER OF THE AGREEMENT; AND TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR THE INITIATION, IMPLEMENTATION AND OPERATION OF PROGRAM MANAGEMENT SERVICES, WITH INITIAL TASKS TO INCLUDE NORWOOD WATER TREATMENT PLANT RENOVATIONS, EXPANSION AND SECURITY IMPROVEMENTS Ordinance No Second and Final Reading (Candido Sosa-Cruz, Deputy City Manager, Pamela Latimore, CMC, City Clerk) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER XIV BUILDING AND HOUSING, SPECIFICALLY SECTION ENTITLED CODE ENFORCEMENT BOARD; ORGANIZATION; SPECIAL MAGISTRATES TO PROVIDE THAT VACANCIES ON THE CODE ENFORCEMENT BOARD SHALL HAVE NOMINATIONS MADE WITHIN TWO REGULARLY SCHEDULED

4 CITY COMMISSION MEETINGS, AND IF NO NOMINATION IS MADE, A MAJORITY OF THE COMMISSION SHALL MAKE THE NOMINATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE Ordinance Second Quarter Budget Amendment, Second and Final Reading (Janette Smith, CPA, Finance Director) AN ORDINANCE AMENDING THE ANNUAL BUDGET OF THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE FISCAL YEAR COMMENCING OCTOBER 1, CITY COMMISSION REPORTS 16. ADJOURNMENT

5 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: Mayor and City Council FROM: Ana M. Garcia, City Manager, ICMA-CM VIA: DATE: Tuesday, May 16, 2017 RE: TBA BACKGROUND ANALYSIS: RECOMMENDATION: FISCAL/BUDGETARY IMPACT: ATTACHMENTS: None

6 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: Mayor and City Council FROM: Pamela L. Latimore, CMC, City Clerk VIA: DATE: Tuesday, May 16, 2017 RE: Regular Meeting Minutes of April 18, 2017 (Pamela L. Latimore, CMC, City Clerk) BACKGROUND ANALYSIS: RECOMMENDATION: FISCAL/BUDGETARY IMPACT: Approval None ATTACHMENTS: Regular Meeting Minutes April 18, 2017

7 CITY OF NORTH MIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 2nd Floor NE 19th Avenue North Miami Beach, FL Tuesday, April 18, :00 PM Mayor George Vallejo Vice Mayor Marlen Martell Commissioner Anthony F. DeFillipo Commissioner Barbara Kramer Commissioner Frantz Pierre Commissioner Phyllis S. Smith Commissioner Beth E. Spiegel City Manager Ana M. Garcia, ICMA-CM City Attorney Jose Smith City Clerk Pamela L. Latimore, CMC NOTICE TO ALL LOBBYISTS: Any person who receives compensation, remuneration or expenses for conducting lobbying activities is required to register as a Lobbyist with the City Clerk prior to engaging in lobbying activities before City Boards, Committees, or the City Commission. City Commission Regular Meeting Minutes ROLL CALL OF THE CITY OFFICIALS The meeting was called to order at 6:00pm. Present at the meeting were Mayor George Vallejo, Vice Mayor Marlen Martell, Commissioners Anthony F. DeFillipo, Barbara Kramer, Phyllis S. Smith, and Beth E. Spiegel. City Manager Ana. M. Garcia, City Attorney Jose Smith, and City Clerk Pamela L. Latimore were also present. Commissioner Frantz Pierre was absent. INVOCATION by City Clerk Pamela L. Latimore. PLEDGE OF ALLEGIANCE was led by Mayor and Commission. REQUESTS FOR WITHDRAWALS, DEFERMENTS, AND ADDITIONS TO AGENDA City Clerk Latimore made the following announcements regarding changes to the agenda: Resolution will be pulled from the Consent Agenda and moved to Legislation at the request of Commissioner Spiegel. Resolution , Resolution , and Resolution will be withdrawn from the agenda and brought back at a later date.

8 Resolution will be pulled from the Consent Agenda and moved to Legislation at the request of Commissioner Smith. Resolution will be pulled from the Consent Agenda and moved to Legislation due to some corrections that will be read into the record when the item is introduced. Three nominations for the Beautification Committee, one nomination for the Multi-Cultural Committee, and one nomination for the Code Enforcement Board will be added to Appointments. Mayor Vallejo stated that the agenda will be adopted as amended. PRESENTATIONS/DISCUSSIONS Utility Neighborhood Coordinator Greg Williams introduced the winners of the 2017 Drop Savers water conservation contest and presented them with certificates of achievement. City Librarian Edenia Hernandez expressed appreciation to Vicky Bakery for their donation at a recent event and announced the upcoming Farmer s Market at the Intracoastal Mall on April 23, Mayor Vallejo and the Commission presented Neil Fairman and George Helmstetter of Marina Palms with the Key to the City. Chief of Staff Nicole Gomez discussed the recent Miami-Dade County Days event in Tallahassee that focused on the needs of municipalities in Miami-Dade County, including North Miami Beach. Assistant City Manager Esmond Scott introduced John Garzia of the Florida Department of Transportation (FDOT) and the current Miami Gardens Drive/I-95 construction project and the widening of the bike lanes on Biscayne Boulevard were discussed. Mayor Vallejo opened the meeting for PUBLIC COMMENT. City Clerk Latimore read the rules of public comment into the record and the following person(s) made comments on the record: 1. Sandra Douglas N.E. 152 nd St., North Miami Beach, FL. 2. Marilyn Baumoehl N.E. 20 th Ct., North Miami Beach, FL. 3. Mubarak Kazan N.E. 12 th Ave., North Miami Beach, FL. 4. Terrance Camenzuli N.E. 17 th Ave., North Miami Beach, FL. The meeting was closed for PUBLIC COMMENT. APPOINTMENTS Appointing Ada Garcell to the Code Enforcement Board (Pamela L. Latimore, City Clerk) Motion to approve the appointment of Ada Garcell to the Code Enforcement Board made by Commissioner Spiegel, seconded by Commissioner DeFillipo. MOTION PASSED 6-0 with Commissioner Pierre absent. Appointing Jason Pizzo to the Public Utilities Commission (Pamela L. Latimore, City Clerk)

9 Motion to approve the appointment of Jason Pizzo to the Public Utilities Commission made by Commissioner Spiegel, seconded by Commissioner Smith. MOTION PASSED 6-0 with Commissioner Pierre absent. Appointing Michel Bien-Aime to the Beautification Committee (Pamela L. Latimore, City Clerk) Motion to approve the appointment of Michel Bien-Aime to the Beautification Committee made by Commissioner Kramer, seconded by Commissioner Smith. MOTION PASSED 6-0 with Commissioner Pierre absent. Appointing Natasha Allenger to the Beautification Committee (Pamela L. Latimore, City Clerk) Motion to approve the appointment of Natasha Allenger to the Beautification Committee made by Commissioner Kramer, seconded by Commissioner DeFillipo. MOTION PASSED 6-0 with Commissioner Pierre absent. Appointing Richard Zimmelman to the Beautification Committee (Pamela L. Latimore, City Clerk) Motion to approve the appointment of Richard Zimmelman to the Beautification Committee made by Commissioner Kramer, seconded by Commissioner Smith. MOTION PASSED 6-0 with Commissioner Pierre absent. Appointing McKenzie Fleurimond to the Multi-Cultural Cultural Committee (Pamela L. Latimore, City Clerk) Motion to approve the appointment of McKenzie Fleurimond to the Multi-Cultural Committee made by Commissioner Kramer, seconded by Commissioner Smith. MOTION PASSED 6-0 with Commissioner Pierre absent. Appointing Frances Ricca to the Code Enforcement Board (Pamela L. Latimore, City Clerk) Motion to approve the appointment of Frances Ricca to the Code Enforcement Board made by Commissioner Smith, seconded by Commissioner DeFillipo. MOTION PASSED 6-0 with Commissioner Pierre absent. CONSENT AGENDA Regular Commission Meeting Minutes of March 21, 2017 (Pamela L. Latimore, City Clerk) Special Commission Meeting Minutes of April 3, 2017 (Pamela L. Latimore, City Clerk) Resolution NE 183rd Street Bike Path Design Change Order (Fernando J. Rodriguez, Director of Public Works) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO AUTHORIZE THE CHANGE ORDER TO THE CONTRACT BETWEEN THE CITY OF NORTH MIAMI BEACH AND ATKINS AND ASSOCIATES REGARDING THE 183RD STREET BIKE PATH PROJECT. Resolution Urban Design and Planning Services (Joel Wasserman, Chief Procurement Officer) A RESOLUTION OF THE MAYOR AND CITY COMMISSION Of THE CITY OF NORTH MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE RANKING OF THE THREE (3) MOST HIGHLY QUALIFIED FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS NO URBAN DESIGN AND PLANNIN0 SERVICES TO PERFORM THE SERVICES FOR THE CITY OF NORTH MIAMI

10 BEACH S COMMUNITY DEVELOPMENT DEPARTMENT; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED, MOST-QUALIFIED FIRM, BA & PARTNERS, AND, IF NEGOTIATIONS ARE UNSUCCESSFUL, WITH THE NEXT HIGHEST RANKED FIRM SUCCESSIVELY, UNTIL AN ACCEPTABLE AGREEMENT CAN BE RECOMMENDED FOR CITY COMMISSION APPROVAL. Resolution was pulled from the Consent Agenda and moved to Legislation. Resolution Marina Palms Easement (Jeffrey Thompson, Director of NMB Water) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND ACCEPTING AN EASEMENT FROM MARINA PALMS RESIDENCES SOUTH LLC, TO BE LOCATED AT BISCAYNE BOULEVARD, CITY OF NORTH MIAMI BEACH FLORIDA, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF WATER AND SEWER FACILITIES. Resolution was pulled from the Consent Agenda and moved to Legislation. Resolution Office Depot Office Supplies (Joel Wasserman, Chief Procurement Officer) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING A PURCHASE ORDER BETWEEN OFFICE DEPOT INC. AND THE CITY OF NORTH MIAMI BEACH, FOR THE PURCHASE OF OFFICE SUPPLIES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE ESTIMATED EXPENDITURES OF $75, FOR FISCAL YEAR 2017, $150, FOR FISCAL YEAR 2018 AND $150, FOR FISCAL YEAR 2019, AS APPROVED IN THE BUDGET APPROPRIATIONS PROCESS FOR A TOTAL ESTIMATED EXPENDITURE AMOUNT OF $375, Resolution Towing Services (William Hernandez, Chief of Police and Joel Wasserman, Chief Procurement Officer) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER WHO CONCURS WITH THE EVALUATION COMMITTEE S RECOMMENDATION AND APPROVING THE RANKING OF THE TOP RANKED PROPOSERS THAT RESPONDED TO REQUEST FOR PROPOSALS NO TOWING SERVICES EXCLUSIVE SERVICE AGREEMENT TO PERFORM TOWING SERVICES FOR THE CITY OF NORTH MIAMI BEACH S POLICE AND PUBLIC WORKS DEPARTMENTS; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS WITH THE THREE (3) TOP-RANKED PROPOSERS. Resolution was withdrawn from the Consent Agenda and will be brought back at a later date. Resolution McDonald Center Renovation (Paulette Murphy, Director of Parks and REC) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER WHO CONCURS WITH THE EVALUATION COMMITTEE S RECOMMENDATION AND APPROVING THE RANKING OF THE TWO (2) MOST HIGHLY QUALIFIED COMPANIES THAT RESPONDED TO REQUEST FOR PROPOSALS NO MCDONALD CENTER RENOVATION TO PERFORM THE SERVICES FOR THE CITY OF NORTH MIAMI BEACH S PARKS AND R.E.C. DEPARTMENT; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE FIRST RANKED PROPOSER, EQUITY DEVELOPMENT GROUP, LLC DBA COMET CONSTRUCTION.

11 Resolution was pulled from the Consent Agenda and moved to Legislation. Resolution Florida Inland Navigation District Grant Application (William Hernandez, Chief of Police) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT S REQUEST TO THE FLORIDA INLAND NAVIGATION DISTRICT S 2017 WATERWAYS ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE FOR THE PURCHASE OF A LAW ENFORCEMENT BOAT. Resolution was withdrawn from the Consent Agenda and will be brought back at a later date. Resolution Multi-Modal Location (Commissioner Phyllis S. Smith) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH EXPRESSING ITS STRONG DESIRE TO BE A MULTI-MODAL STATION LOCATION PURSUANT TO THE STRATEGIC MIAMI AREA RAPID TRANSIT PLAN ( SMART PLAN ) ALONG THE NORTHEAST CORRIDOR; AND AS EVIDENCE OF ITS COMMITMENT, THE MAYOR AND CITY COMMISSION AUTHORIZE THE CITY MANAGER TO ALLOCATE FUNDS IN AN AMOUNT NOT TO EXCEED $1,000,000.00, FOR COORDINATING EFFORTS, PLANNING, DEVELOPING AND IMPLEMENTING A MULTI-MODAL STATION LOCATION WITHIN THE CITY; AND DIRECTING THE CITY MANAGER TO IDENTIFY QUALIFIED PROFESSIONALS AND COMPANIES TO CARRY OUT THE INTENT OF THIS RESOLUTION AND PROVIDE THE NECESSARY SERVICES. Motion to approve the Consent Agenda made by Commissioner DeFillipo, seconded by Commissioner Smith. MOTION PASSED 5-0 with Commissioner Kramer off the dais and Commissioner Pierre absent. CITY MANAGER'S REPORT Director of Finance Janette Smith gave a presentation on the Management Pension Reform Update and discussed the benefits of additional reform, provided a comparison with other municipalities, explained scenarios for consideration, and offered a recommendation for reform. Director of Finance Janette Smith provided a financial analysis for the Second Quarter of Fiscal Year She stated that the report was prepared on an unaudited cash basis, Debt Service Funds and Enterprise Impact Fee Funds were combined, and prior year carryforward amounts were eliminated. She announced that there was an overall net favorable position in the amount of $24.2 million dollars due to the timing of revenues and expenditures. Chief of Staff Nicole Gomez discussed a recent trip to Monaco where she and Commissioner Smith represented the City of North Miami Beach and attended an art exhibition featuring the work of Stephane Bolongaro. Assistant City Manager Esmond Scott announced the Arbor Day event on April 28, 2017, the National Day of Prayer service on May 4, 2017, the Haitian Heritage Art Exhibition on May 5, 2017, the Mother s Day Breakfast on May 13, 2017, the Kids to Parks Day on May 20, 2017, the Memorial Day service on May 29, 2017, and the Neat Streets Miami Tree Matching Grant in the amount of $19,500. Director of Public Works Fernando Rodriguez discussed the launching of the NMB Trolley service and the FPL Wall ribbon cutting events on April 9, 2017.

12 CITY ATTORNEY'S REPORT City Attorney Smith stated that a personal injury lawsuit was recently filed against the City and there are three new foreclosure matters. LEGISLATION Resolution NW 3 rd Avenue Right of Way Abandonment (Richard Lorber, Director of Community Development and Justin Proffitt, Planning and Zoning Manager) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE APPLICANT S REQUEST TO VACATE OF A PORTION OF RIGHT-OF-WAY ON NORTHWEST THIRD AVENUE BETWEEN NORTHWEST 170TH AND NORTHWEST 171ST STREET. Resolution was withdrawn from Legislation and will be brought back at a later date. Ordinance Official Seal of the City on Second and Final Reading (Jose Smith, City Attorney) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER II STRUCTURE OF CITY GOVERNMENT, SPECIFICALLY SECTION ENTITLED OFFICIAL SEAL OF THE CITY TO INCLUDE CITY LOGOS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE. Motion to approve Ordinance made by Commissioner DeFillipo, seconded by Mayor Vallejo. Deputy City Attorney Sarah Johnston provided an explanation of the ordinance and described which City logos are being trademarked and protected from unauthorized use. Mayor Vallejo opened the meeting for PUBLIC HEARING. 1. Mubarak Kazan N.E. 12 th Avenue, North Miami Beach, FL. The meeting was closed for PUBLIC HEARING. Roll Call Vote DeFillipo - Yes, Kramer - Yes, Martell - Yes, Smith - Yes, Spiegel - Yes, Vallejo - Yes. MOTION PASSED 6-0 on Second and Final Reading with Commissioner Pierre absent. Ordinance Nominations for the Public Utilities Commission and the Planning and Zoning Board on Second and Final Reading (Jeffrey Thompson, Director of Public Utilities and Richard Lorber, Director of Community Development) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER II STRUCTURE OF CITY GOVERNMENT, SPECIFICALLY ARTICLE VII BOARDS, COMMITTEES AND COMMISSIONS, SECTIONS ENTITLED MEMBERSHIP; VACANCIES, CHAIRPERSON, QUORUM AND MEMBERSHIP; QUALIFICATION OF MEMBERS AND FINANCIAL DISCLOSURE TO PROVIDE THAT VACANCIES ON THE PUBLIC UTILITIES COMMISSION AND PLANNING AND ZONING BOARD SHALL HAVE NOMINATIONS MADE WITHIN TWO REGULARLY SCHEDULED CITY COMMISSION

13 MEETINGS, AND IF NO NOMINATION IS MADE, A MAJORITY OF THE COMMISSION SHALL MAKE THE NOMINATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE. Motion to approve Ordinance made by Vice Mayor Martell, seconded by Commissioner Kramer. Deputy City Attorney Sarah Johnston provided an explanation of the ordinance. Mayor Vallejo opened the meeting for PUBLIC HEARING. 1. Mubarak Kazan N.E. 12 th Avenue, North Miami Beach, FL. The meeting was closed for PUBLIC HEARING. Motion to amend Ordinance to add the language in writing following the words Upon a seat becoming vacant, the City Clerk shall immediately notify the Commissioner made by Commissioner Smith, seconded by Commissioner Kramer. MOTION PASSED 6-0 with Commissioner Pierre absent. Roll Call Vote Kramer - Yes, Martell - Yes, Smith - Yes, Spiegel - Yes, DeFillipo - Yes, Vallejo - Yes. MOTION PASSED 6-0 as amended on Second and Final Reading with Commissioner Pierre absent. Ordinance (Candid Sosa-Cruz, Deputy City Manager and Pamela L. Latimore, City Clerk) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER XIV BUILDING AND HOUSING, SPECIFICALLY SECTION ENTITLED CODE ENFORCEMENT BOARD; ORGANIZATION; SPECIAL MAGISTRATES TO PROVIDE THAT VACANCIES ON THE CODE ENFORCEMENT BOARD SHALL HAVE NOMINATIONS MADE WITHIN TWO REGULARLY SCHEDULED CITY COMMISSION MEETINGS, AND IF NO NOMINATION IS MADE, A MAJORITY OF THE COMMISSION SHALL MAKE THE NOMINATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE. Motion to approve Ordinance made by Vice Mayor Martell, seconded by Commissioner DeFillipo. Assistant City Attorney Valerie Vicente provided an explanation of the ordinance and stated that it was very similar to Ordinance Mayor Vallejo opened the meeting for PUBLIC HEARING. 1. Terrance Camenzuli N.E. 17 th Ave., North Miami Beach, FL. The meeting was closed for PUBLIC HEARING.

14 Motion to amend Ordinance to add the language in writing following the words Upon a seat becoming vacant, the City Clerk shall immediately notify the Commissioner made by Commissioner Smith, seconded by Commissioner Spiegel. MOTION PASSED 6-0 with Commissioner Pierre absent. Roll Call Vote Martell - Yes, Smith - Yes, Spiegel - Yes, DeFillipo - Yes, Kramer - Yes, Vallejo - Yes. MOTION PASSED 6-0 as amended on First Reading with Commissioner Pierre absent. Ordinance Second Quarter Budget Amendment on First Reading (Janette Smith, Director of Finance) AN ORDINANCE AMENDING THE ANNUAL BUDGET OF THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE FISCAL YEAR COMMENCING OCTOBER 1, Motion to approve Ordinance made by Vice Mayor Martell, seconded by Commissioner Kramer. Director of Finance Janette Smith provided an explanation of the ordinance and described the amendments, modifications, and adjustments to the City s annual adopted budget. Mayor Vallejo opened the meeting for PUBLIC HEARING. 1. Mubarak Kazan N.E. 12 th Avenue, North Miami Beach, FL. The meeting was closed for PUBLIC HEARING. Roll Call Vote Smith - Yes, Spiegel - No, DeFillipo - Yes, Kramer - Yes, Martell - Yes, Vallejo - Yes. MOTION PASSED 5-1 on First Reading with Commissioner Spiegel opposed and Commissioner Pierre absent. Resolution Urban Design and Planning Services (Joel Wasserman, Chief Procurement Officer) A RESOLUTION OF THE MAYOR AND CITY COMMISSION Of THE CITY OF NORTH MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE RANKING OF THE THREE (3) MOST HIGHLY QUALIFIED FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS NO URBAN DESIGN AND PLANNING SERVICES TO PERFORM THE SERVICES FOR THE CITY OF NORTH MIAMI BEACH S COMMUNITY DEVELOPMENT DEPARTMENT; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED, MOST-QUALIFIED FIRM, BA & PARTNERS, AND, IF NEGOTIATIONS ARE UNSUCCESSFUL, WITH THE NEXT HIGHEST RANKED FIRM SUCCESSIVELY, UNTIL AN ACCEPTABLE AGREEMENT CAN BE RECOMMENDED FOR CITY COMMISSION APPROVAL. Motion to approve Resolution made by Vice Mayor Martell, seconded by Commissioner DeFillipo. City Manager Garcia provided an explanation of the resolution and discussed the process that was involved in selecting and recommending the firm in response to an informational request by Commissioner Spiegel.

15 Voice Vote: MOTION PASSED 6-0 with Commissioner Pierre absent. Resolution Marina Palms Easement (Jeffrey Thompson, Director of NMB Water) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING AND ACCEPTING AN EASEMENT FROM MARINA PALMS RESIDENCES SOUTH, LLC TO BE LOCATED AT BISCAYNE BOULEVARD, CITY OF NORTH MIAMI BEACH, FLORIDA, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF WATER AND SEWER FACILITIES. Motion to approve Resolution made by Vice Mayor Martell, seconded by Commissioner Kramer. Director of NMB Water Jeffrey Thompson provided an explanation of the resolution. The Mayor and Commission gave direction to City staff to research whether or not an easement from a property owner can be accepted without a resolution and suggested that a resolution to accept an easement should be done at the time of site plane approval. Voice Vote: MOTION PASSED 6-0 with Commissioner Pierre absent. Resolution McDonald Center Renovation (Paulette Murphy, Director of Parks and REC) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER WHO CONCURS WITH THE EVALUATION COMMITTEE S RECOMMENDATION AND APPROVING THE RANKING OF THE TWO (2) MOST HIGHLY QUALIFIED COMPANIES THAT RESPONDED TO REQUEST FOR PROPOSALS NO MCDONALD CENTER RENOVATION TO PERFORM THE SERVICES FOR THE CITY OF NORTH MIAMI BEACH S PARKS AND R.E.C. DEPARTMENT; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE FIRST RANKED PROPOSER, EQUITY DEVELOPMENT GROUP, LLC DBA COMET CONSTRUCTION. Motion to approve Resolution made by Commissioner DeFillipo, seconded by Vice Mayor Martell. City Attorney Smith announced that the resolution has been amended to add the language in an amount not to exceed $130,000 at the end of the title and stated that the resolution involves a request for proposal (RFP) that falls outside of the Consultants Competitive Negotiation Act (CCNA) statute. Voice Vote: MOTION PASSED 6-0 as amended with Commissioner Pierre absent. CITY COMMISSION REPORTS Commissioner DeFillipo expressed his pleasure at the relationship between the City and FPL that resulted in the wall mural project and discussed the increased quality of service provided to the residents because of the new trolley transit system. He thanked City staff and the Police Department for all their efforts.

16 Commissioner Kramer said good night. Vice Mayor Martell announced the Washington Park Heritage Day events on April 21-22, 2017 and the Farmer s Market at the Intracoastal Mall on April 23, Commissioner Smith thanked artist Stephane Bolongaro and discussed her recent trip to Monaco to attend an art exhibition and informed residents to stay safe. Commissioner Spiegel said good night. City Clerk Latimore announced the recent passing of City Clerk Jane A. Hines and expressed her condolences to the City of Sunny Isles Beach and the Hines family. Mayor Vallejo thanked everybody and said night. NEXT REGULAR CITY COMMISSION MEETING is Tuesday, May 16, ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 8:23pm. ATTEST: (SEAL) Pamela L. Latimore, CMC, City Clerk

17 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: FROM: VIA: Mayor and City Commission Ana M. Garcia, ICMA-CM, City Manager William Hernandez, Chief of Police Harvette Smith, Officer DATE: Tuesday, May 16, 2017 RE: Resolution R Florida Inland Navigation District Grant Application (William Hernandez, Chief of Police) BACKGROUND ANALYSIS: RECOMMENDATION: FISCAL/BUDGETARY IMPACT: The Florida Inland Navigation District (FIND) 2017 Waterways Assistance Program (WAP) over the pass twenty-eight (28) years has provided a total of over $205 million in funding assistance to local governments within our District to perform waterways improvement projects. Project types eligible for funding include public navigation, public waterway access facilities, waterfront parks, environmental education and boating safety projects. The North Miami Beach Police Department (NMBPD) currently has two (2) marine vessels that are over sixteen (16) years old. Both vessels are in need of constant repair, therefore preventing the Marine Patrol Unit from actively patrolling our waterways. If funding is provided by FIND, this will allow the NMBPD to purchase a new vessel, reinstate Marine Patrol Unit, and meet the needs of the residents of North Miami Beach. To approve the FIND grant application as it is written. The FIND grant requires a fifty (50) percent match for the price of the vessel. The matched funds will total $66, Law Enforcement Trust Funds will be used. ATTACHMENTS: FIND Grant Application & Memorandum Resolution R

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38 County/City Location Map Miami Dade County (in red) above City of North Miami Beach (in green and yellow) above

39

40 RESOLUTION NO. R A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, APPROVING THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT S REQUEST TO THE FLORIDA INLAND NAVIGATION DISTRICT S 2017 WATERWAYS ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE FOR THE PURCHASE OF A LAW ENFORCEMENT BOAT. WHEREAS, the City is interested in acquiring a boat for the Law Enforcement Patrol Unit; and WHEREAS the process involves the purchase of a law enforcement boat (a 24 foot Brunswick 750D Impact and accessories), for a total estimated cost of $126,197.00, to be used for patrolling 4.9 miles of the Intra-Coastal Waterway, as well as 32 miles of navigable canals in the City with the Florida Inland Navigation District s ( FIND ) paying up to fifty percent (50%) of the boat costs; and WHEREAS, financial assistance from the FIND 2017 Waterways Assistance Program is being sought for the purchase of a law enforcement boat; and WHEREAS, the City will make an application to FIND for purposes of obtaining up to fifty percent (50%) of the actual cost of the boat; and NOW THEREFORE, be it resolved by the City Commission of the City of North Miami Beach, Florida: Section 1. The foregoing recitals are true and correct. Section 2. The City of North Miami Beach will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. which will be a part of the Project Agreement for any assistance awarded under the attached proposal. Section 3. The City of North Miami Beach is in complete accord with the attached proposal and will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Section 4. The City of North Miami Beach has the ability and intention to finance up to fifty-two percent (52%) portion of the project and that the project will be operated and maintained for public use at the expense of the City of North Miami Beach. Section 5. The City of North Miami Beach will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964 (1964) and all facilities shall comply fully with statutes relating to RESOLUTION NO. R

41 accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. Section 6. The City of North Miami Beach will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. Section 7. The City of North Miami Beach will make available to FIND if requested, a postaudit of expenses incurred on the project prior to, or in conjunction with, request for the final ten percent (10%) of the funding agreed to by FIND. APPROVED AND ADOPTED by the City of North Miami Beach City Commission at the regular meeting assembled this 16 th day of May, ATTEST: PAMELA L. LATIMORE CITY CLERK GEORGE VALLEJO MAYOR (CITY SEAL) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION: JOSE SMITH CITY ATTORNEY Sponsored by: Mayor & City Commission RESOLUTION NO. R

42 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: Mayor and City Council FROM: Ana M. Garcia, City Manager, ICMA-CM VIA: DATE: Tuesday, May 16, 2017 RE: SLAM Charter School (Ana M. Garcia, City Manager) BACKGROUND ANALYSIS: RECOMMENDATION: FISCAL/BUDGETARY IMPACT: ATTACHMENTS: SLAM NMB Eng. SLAM NMB Esp. SLAM NMB Creole

43 A C A D E M Y North Campus Grades 6-8 TUITION FREE CHARTER MIDDLE SCHOOL OPENING AUGUST 2017 North Miami Beach s First Charter School Preparing students for future careers in Sports Management and Marketing, Broadcasting, Medical Sciences and the Arts + Entrepreneurial Mentorship and Internship opportunities NEW STATE OF THE ART FACILITY Mishcon Park Boca Juniors Soccer Complex NE 15th Ave, North Miami Beach, FL For more information visit (305) PREPARING STUDENTSTODAY FOR THE TOMORROW JOBS OF Registration packets available at the NMB Library Tuesdays and Thursdays 10am-1pm

44 A C A D E M Y North Campus Grados 6-8 ESCUELA SECUNDARIA CHARTER MATRICULA GRATIS APERTURA AGOSTO 2017 Primera Escuela Charter en North Miami Beach En SLAM!, los estudiantes exploran carreras relacionadas con Negocios, Mercadeo, Salud, Medicina Deportiva, Comunicación y mucho más. Además aprenden poniendo manos a la obra y tienen acceso a oportunidades de internado. NUEVO EDIFICIO Mishcon Park Boca Juniors Soccer Complex NE 15 Avenida, North Miami Beach, FL Para información adicional, por favor visite nuestra página de Internet: (305) PREPARANDO ESTUDIANTES HOY, PARA LOS EMPLEOS DEL MANANA. Paquetes de registro disponibles en la biblioteca NMB Martes y jueves 10 am-1pm

45 A C A D E M Y North Campus Klas 6-8 Lekòl Gratis Lekol Chatè Segondè OPENING AUGUST 2017 Premye lekol chartè North Miami Beach Preparasyon elèv pou karyè lavni nan Jesyon Espò ak Maketing, Odyovizuèl, Syans Medikal ak ak Atizay + Konseye Antrepenè ak Opòtinite Estaj Nouvo Etablisman Dènye Kri Mishcon Park Boca Juniors Soccer Complex NE 15th Ave, North Miami Beach, FL Pou plis enfòmasyon visite: (305) PREPARING STUDENTSTODAY FOR THE TOMORROW JOBS OF Pakè enskripsyon disponib nan bibliyotèk la NMB Madi ak jedi 10 am-1pm

46 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: FROM: VIA: Mayor and City Council Ana M. Garcia, City Manager, ICMA-CM Paulette Murphy, CPRP Director of Parks and REC DATE: Tuesday, May 16, 2017 RE: National Kids to Parks Day (Esmond K. Scott, Assistant City Manager) BACKGROUND ANALYSIS: RECOMMENDATION: FISCAL/BUDGETARY IMPACT: Join the City of North Miami Beach Parks and REC Department for Kids to Parks Day on Saturday, May 20, 2017 from 12:00 pm 4:00 pm. Activities will include planting community gardens, connecting children to nature via plant and wildlife identification, games and activities. Activities will be held at the following locations: Highland Village Community Center NE 21 st Avenue (305) Ronald A. Silver YES Center NE 19 th Avenue (305) Washington Park Community Center NE 15 th Court (305) Uleta Community Center NE 169 th street (305) For more information stop by your local community center or call the Parks and REC Administrative Office at (305) No fiscal Impact

47 ATTACHMENTS: National Kids to Parks to Day

48 Mayor George Vallejo Commissioners Anthony F. DeFillipo Barbara Kramer Marlen Martell Frantz Pierre Phyllis S. Smith Beth E. Spiegel City Manager Ana M. Garcia City Attorney Jose Smith

49 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: FROM: VIA: Mayor and City Council Ana M. Garcia, City Manager, ICMA-CM Paulette Murphy, CPRP Director of Parks and REC DATE: Tuesday, May 16, 2017 RE: Memorial Day Ceremony (Esmond K. Scott, Assistant City Manager) BACKGROUND ANALYSIS: RECOMMENDATION: FISCAL/BUDGETARY IMPACT: The City of North Miami Beach proudly presents its Memorial Day Service on Monday, May 29, 2017 at 10:00 am at the All Wars Memorial Park NE 16 th Avenue. For more information call the Parks and REC Administrative Office at (305) No fiscal impact. ATTACHMENTS: Memorial Day Service 2017

50 The City of North Miami Beach proudly presents its Memorial Day Service Mayor Geroge Vallejo Commissioners Anthony F. DeFillipo Barbara Kramer Marlen Martell Frantz Pierre, Phyllis S. Smith Beth E. Spiegel City Manager Ana M. Garcia City Attorney Jose Smith City Clerk Pamela Latimore Monday, May 29, :00 AM ALL WARS MEMORIAL PARK NE 16 TH AVENUE FOR MORE INFORMATION CALL (305)

51 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: FROM: VIA: Mayor and City Council Ana M. Garcia, City Manager, ICMA-CM William Hernandez, Chief of Police Kevin Prescott, Deputy Chief of Police DATE: Tuesday, May 16, 2017 RE: Forfeiture (LETF) Appropriation Request (William Hernandez, Chief of Police) BACKGROUND ANALYSIS: The purpose of this memorandum is to respectfully request your placement of the attached appropriation request totaling in the amount of $746,000 for expenditure from the Law Enforcement Trust Fund (LETF) accounts on the agenda for the City Commission meeting that will be held on Tuesday, May 16, The Police Department is expected to request $680,000 from the Federal Justice Law Enforcement Trust Fund (Fund 172), and $66,000 from the State Law Enforcement Trust Fund (Fund 173). As Chief of Police, I certify to the best of my knowledge that the items requested below are in compliance with the applicable Federal Guidelines (Guide to Equitable Sharing for State and Local Law Enforcement Agencies) and Florida Statute Chapter , Subsection 4, regarding the disposition of liens and forfeited property. RECOMMENDATION: FISCAL/BUDGETARY IMPACT: It is respectfully requested that the funding requests be approved for the expenditures described in the attached document. The request will not affect the City's General Fund, but will reduce the available balance in each corresponding LETF.

52 ATTACHMENTS: Law Enforcement Trust Fund Request

53 City of North Miami Beach, Florida Police Department Date: May 3, 2017 Memorandum No. 17- To: From: Ana M. Garcia, ICMA-CM, City Manager William Hernandez, Chief of Police Subject: LETF Funds Request The purpose of this memorandum is to respectfully request your placement of the attached appropriation request totaling in the amount of $746,000 for expenditure from the Law Enforcement Trust Fund (LETF) accounts on the agenda for the City Commission meeting that will be held on Tuesday, May 16, The Police Department is expected to request $680,000 from the Federal Justice Law Enforcement Trust Fund (Fund 172), and $66,000 from the State Law Enforcement Trust Fund (Fund 173). As Chief of Police, I certify to the best of my knowledge that the items requested below are in compliance with the applicable Federal Guidelines (Guide to Equitable Sharing for State and Local Law Enforcement Agencies) and Florida Statute Chapter , Subsection 4, regarding the disposition of liens and forfeited property. If you have any questions concerning this request, please do not hesitate to contact me at extension 2995 or Deputy Chief Kevin Prescott at extension WH/kp c: Kevin Prescott, Deputy Chief of Police Adrian Thomas, Police Finance Clerk

54 Ana M. Garcia, ICMA-CM, City Manager LETF Funds Request May 3, 2017 Page 2 Federal (Justice) LETF (Fund 172): The above requested amount will be used for the following law enforcement related purpose(s): 1. Task Force Related Overtime and Expenses... $500, This request provides partial funding for police task force units conducting protracted, longterm investigations. These task forces include, but are not limited to the DEA and IRS, are dedicated to investigating criminal activity related to illegal narcotic activity, robberies and gang related activities. The protracted investigations also include any in depth case investigated by the NMB Police Detectives. This amount also includes various Task Forces such as the Holiday Task Force and other robbery preventive details. 2. Police Training... $60, The Police Department is committed to further educating its personnel, and therefore requests funding for training programs. These programs will allow police employees to develop additional expertise in specific areas related to their job duties. 3. Rental vehicles for Gang/Fraud Task Force/ Vin... $60, In order to maintain the anonymity of the task force officers, rental vehicles are used. They provide versatility by allowing the Task Force Officers the ability to change the vehicle they are driving if the vehicle is compromised. In addition, a rental vehicle has no affiliation directly linked to a Law Enforcement agency so if the vehicle license plate is checked, there will be no information available to compromise the investigation or the officer. 4. Summer Initiative Robbery and Burglary Prevention Task Force... $60, This Task Force will be deployed during the summer months and focuses on violent crimes prevention, and burglary prevention, while providing a safe secure summer season. This request will provide funding for Police overtime to enhance visible and covert patrols. The marked units will enhance visibility (with marked units and bicycle patrols) and the unmarked units will focus on the apprehension of offenders. This Task Force has been highly successful in the past, in preventing crime and arresting offenders. Federal LETF Status Report (as of 4/25/2017): Cash balance as of 4/25/2017 $ 3,588, Total of this request $ 680, Amount available after this request $ 2,908,966.00

55 Ana M. Garcia, ICMA-CM, City Manager LETF Funds Request May 3, 2017 Page 3 State and Local LETF (Fund 173): The above requested amount will be used for the following law enforcement related purpose(s): 1. Leaders in our Youth (FLY)... $17, The City of North Miami Beach Leisure Services Department proposes to launch an 8 week Teen Enrichment Summer Program targeting high school teenagers ages The mission is to provide a unique summer experience to our campers in a positive and supportive environment. We strive to both enhance and empower our teens by engaging them in activities that are educational, challenging, and fun. Upon completion campers may be eligible to receive a certificate or achievement and they will gain valuable skills to help lead them to a successful future. These funds cover city personnel cost necessary to operate the program to include salary, overtime, salary, certificates, awards and equipment costs. 2. Youth Empowerment Program... $39, The City of North Miami Beach Youth Empowerment Program provides youth between the ages of with positive, alternative late night basketball activities during the summer months. The program aims at educating youth on important life skills and lessons necessary to avoid delinquent behavior such as substance abuse and crimes. Other key objectives of the program include leadership skills, sportsmanship, interpersonal skills, rules of the game, and their role in life skills development. These funds cover city personnel cost s necessary to operate the program after normal business hours to include salary, overtime and related costs. It also includes equipment. 3. DEFY Camp Sponsorship... $ 4, This request is for the sponsorship of ten youth to attend Drug Education For Youth (DEFY) camp. DEFY is a six day, overnight camp that provides drug, and gang prevention guidance for youth. Approximately 110 youths from at risk neighborhoods attend from Miami Dade and Broward Counties. The curriculum also includes leadership and life skills to help the youth develop healthy and productive lifestyles. This program is facilitated by the US Attorney s Office. This request helps satisfy the provision of the Florida Contraband Forfeiture Act ( ) which require no less than 15% of forfeiture proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). 4. Preventing Crime in the Black Community Conference... $ 6, This request is for the sponsorship of ten youth to Preventing Crime in the Black Community Conference. This is a five day, overnight conference that provides guidance, drug, and gang prevention guidance for youth. This conference is attended by at risk youths from various

56 Ana M. Garcia, ICMA-CM, City Manager LETF Funds Request May 3, 2017 Page 4 states in the country. A major component of the program will be directed toward alternatives to violence among our young people. The agenda is designed to showcase successful programs and promote a positive exchange of ideas on the subject. This program is facilitated by the Florida and Georgia State Attorney s Office. This request helps satisfy the provision of the Florida Contraband Forfeiture Act ( ) which require no less than 15% of forfeiture proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). State and Local LETF Status Report (as of 4/25/2017): Cash balance as of 4/25/2017 $ 1,024, Total of this request $ 66, Amount available after this request $ 960, WH/kp

57 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: Mayor and City Commission FROM: Jose Smith, City Attorney VIA: Jose Smith, City Attorney DATE: Tuesday, May 16, 2017 RE: Litigation List (Jose Smith, City Attorney) BACKGROUND ANALYSIS: RECOMMENDATION: FISCAL/BUDGETARY IMPACT: ATTACHMENTS: Litigation list as of May 16, 2017 Exhibit to Litigation List

58 LITIGATION LIST TO: FROM: Mayor and City Council Jose Smith, City Attorney DATE: May 16, 2017 I. Civil Rights: II. Personal Injury: III. Other Litigation: IV. Forfeitures: NEW CASES CNMB v. Amelio Rincon In Re: Forfeiture of $12, in US currency V. Mortgage Foreclosures CLOSED CASES Robert Djordevic v. Winston Towers Wells Fargo Bank v. Colleen McCarthy, et al. U.S. Bank, N.A. v. Raymundo Otero, et al. Nationstar Mortgage LLC v. Gina Maria Gubieda, et al. The Bank of New York Mellon v. Bradford Salzman, et al. JPMorgan Chase Bank, N.A. v. Curt Francis, et al. U.S. Bank, N.A. v. Jonathan v. Shorthouse, et al. Nirestates, LLC. v. Reynolds Jean Louise, et al. Nationwide Mortgage, LLC. N.A., v. Torress, Eliane, et al. HSBC Bank USA, N.A., v. Fignole. Theodore, et al. Citibank, N.A., v. Barrios, Marlon., et al. Dismissed Dismissed Defendant filed for Bankruptcy Dismissed Dismissed Dismissed Dismissed Defendant filed for Bankruptcy Final Judgment Sold Sold

59 NEW CASES MTGLQ INVESTORS, LP v. Daniel Kaufman and CNMB et al. Wells Fargo v. Cristina Deviasso et al VI. Bankruptcies: NEW CASES Robert Djordevic and Jelica Predolac Chapter 7 VII. Other information.

60

61

62

63 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: Mayor and City Commission FROM: Jose Smith, City Attorney VIA: Jose Smith, City Attorney DATE: Tuesday, May 16, 2017 RE: Executive Session (Jose Smith, City Attorney) BACKGROUND ANALYSIS: RECOMMENDATION: FISCAL/BUDGETARY IMPACT: ATTACHMENTS: Memorandum Attorney Client Session

64

65 City of North Miami Beach NE 19 Avenue North Miami Beach, FL MEMORANDUM Print TO: FROM: VIA: Mayor and City Commission Ana M. Garcia, City Manager, ICMA-CM Ana M. Garcia, City Manager Jose Smith, City Attorney DATE: Tuesday, May 16, 2017 RE: Resolution No. R NMB Water Contract Operations Management (Ana M. Garcia, City Manager and Jose Smith, City Attorney) BACKGROUND ANALYSIS: At the Monday, April 3rd, 2017, Commission meeting you gave the direction to take the next step in the process, to negotiate an agreement for the NMB Water operations, maintenance and program management services with the number one ranked firm of CH2M. We are grateful for the leadership and courage you have exhibited as you have challenged the status quo allowing your professional management Team to explore the possibilities of delivering the best municipal services in the most financially responsible manner following the guidelines set forth by your adopted strategic plan. The terms conditions and benefits attached hereto clearly represent the success achieved by the relentless efforts of the negotiation committee. I witnessed and participated in much of the hundreds of hours dedicated to the NMB Water negotiations, research, assessments and overall steadfast commitment to this most critical endeavor. More than three weeks of negotiations that included late nights and weekends were dedicated in order to achieve what we set out to do and that is to bring you a management agreement that addresses a multitude of special criteria aligned with best practices, industry standards, government regulations and public benefits for our community. The negotiation Team consisted of NMB Water Director Jeffrey Thompson PE, outside Counsel Bryant Miller & Olive, represented by Attorney Thomas Constantine who specializes in procurement and engineering contracts. Additionally, our key and

66 essential senior staff included Deputy Manager Candido-Sosa Cruz, Deputy City Attorney Sarah Johnston, Procurement Manager Joel Wasserman, Human Resources Director, Attorney Elsa Jaramillo-Velez, Finance Director Jan Smith, CPA and a Team of engineers from Jacobs. We had specific goals we wanted realized that addressed a series of key items from solid professional staffing to ensuring every single deficiency identified in the Eisenhardt report, (56 to be exact) would be addressed expeditiously. We wanted to save millions of dollars ensuring we would not have to raise water rates in the near future while at the same time yielding key deliverables aligned with enhancement of our infrastructure through significant capital investment by CH2M. Additionally, we wanted the implementation of an immediate plan establishing the structure of a high performing utility capable of achieving best in class status, as well we sought to significantly transfer risk from NMB to CH2M in the areas of compliance, staffing, cost, management, safety, etc. We also requested of CH2M to pay for all fees associated with negotiation of the contract, up to $200,000 to be reimbursed to the City. All the aforementioned goals and a great deal more has been accomplished and agreed upon with CH2M as the attached documents clearly indicate. CH2M is a world class company that is based in the United States with nearly 70 years of experience serving clients in Florida. CH2M is an integrated program delivery company that specializes in capital program management, engineering, and operations. As the industry s only truly integrated program management and operations firm, CH2M offers all the required services through their in-house resources, providing North Miami Beach a true single source accountability for the term of the proposed agreement. With CH2M we will have one company to partner with that we can hold accountable. The effectiveness of this integrated program management delivery model has been has been demonstrated by CH2M S industry leading contract renewal rate of more than 99%. Partnering with CH2M allows access to a deep pool of subject matter experts capable of quickly addressing emergencies, trouble shooting issues and mentoring/training the onsite staff. I want to reiterate that the City of North Miami Beach remains in full ownership and control of our Water Utility! Our Public Utilities Committee (PUC) will continue to recommend the Water Rates that will be set by our Mayor and Commissioners. The City s Utilities Director Jeffrey Thompson PE will maintain oversight over CH2M. North Miami Beach will save an average 3.5 million dollars per year on the operations and maintenance of our Utility. Additionally, the proposed agreement with CH2M addresses and requires key focus on the areas of conservation and resiliency. The agreement also requires that all Union employees currently employed with the City of North Miami Beach who are successful in passing pre-employment physicals and drug test and possess the skill set needed to perform their duties will be employed by CH2M with zero reduction to their current rate of pay. There are a multitude of benefits depicted in greater details and they are included in this package for your perusal. The City Attorney and I welcome the opportunity to meet with you prior to the upcoming Commission meeting for we are convinced that you will be extremely excited and pleased with the, benefits, deliverable and multi-million dollar savings achieved

67 RECOMMENDATION: in the negotiations that came about per your leadership and courageous directive. Therefore, we seek your approval and support of the recommended partnership/agreement with CH2M for the Operations, Maintenance and Program Management Services of our Water Utility. Thank you. FISCAL/BUDGETARY IMPACT: ATTACHMENTS: Resolution R Exhibit A to Resolution R Exhibit B to Resolution R Public Benefits Letter

68 RESOLUTION NO. R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND CH2M HILL ENGINEERS, INC. PURSUANT TO REQUEST FOR QUALIFICATIONS ( RFQ ) , NMB WATER OPERATIONS, MAINTENANCE, AND PROGRAM MANAGEMENT SERVICES FOR THE OPERATION AND MAINTENANCE OF NMB WATER FOR AN INITIAL TERM OF TEN YEARS WITH AN ANNUAL FEE OF $19,300,000, FOR THE FIRST YEAR, AND $18,800,000 YEARLY THEREAFTER FOR THE REMAINDER OF THE AGREEMENT; AND TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR THE INITIATION, IMPLEMENTATION AND OPERATION OF PROGRAM MANAGEMENT SERVICES, WITH INITIAL TASKS TO INCLUDE NORWOOD WATER TREATMENT PLANT RENOVATIONS, EXPANSION AND SECURITY IMPROVEMENTS. WHEREAS, the City of North Miami Beach ( City ) issued Request for Qualifications No ( RFQ ) for NMB Water Operations, Maintenance and Program Services ( NMB Water Program ); and WHEREAS, on April 3, 2017, the Mayor and City Commission by Resolution No. R , approved the ranking of the respondents and authorized the City Manager to negotiate with CH2M Hill Engineering, Inc. ( CH2M ) and, if the negotiations were successful, present an agreement for the City Commission s consideration and approval; and WHEREAS, the parties performed due diligence and the City Manager established a negotiation team to formulate a comprehensive, organized, and intensive strategy; and WHEREAS, the negotiation team consisted of City Manager, Ana M. Garcia, Director of NMB Water, Jeffrey F. Thompson, P.E., Outside Counsel with Bryant Miller & Olive, Thomas Constantine, with key staff to support negotiations sessions, as needed; and WHEREAS, for over five weeks the Negotiation Team, key staff, and CH2M senior staff met for extended sessions and negotiated the terms, as outlined in the attached Term Sheet (Exhibit A, Term Sheet NMB Water RFQ # Term Sheet ); and WHEREAS, the City Administration ensured that the City s mission of providing excellent municipal services in a financially responsible and environmentally conscious manner would be met with any proposed agreement and that the City would retain ownership of the water and wastewater utility ( NMB Water ), authority and control to establish rates, and the proposed contractor would hire eligible existing full-time, AFSCME employees; and RESOLUTION NO

69 WHEREAS, the attached Agreement (Exhibit "B", Agreement for Operation and Maintenance of Water and Wastewater Utilities, and Customer Service, Billing and CIP Program Management Services Agreement ) protects the City's mission, by ensuring that ownership of NMB Water and control and authority to establish rates remains with the City, and that eligible full-time AFSCME employees will be hired by CH2M which will be engaged in the operation, maintenance, and repair of NMB Water, billing, customer service, community outreach and program management of NMB Water s capital improvement plan; and WHEREAS, CH2M will develop and implement programs for the performance and promotion of public benefit activities to include, initiating, organizing and promoting resiliency of NMB Water and City facilities, developing and implementing policies, practices and programs promoting conservation and use of alternative sources of energy, including deploying alternative fuel vehicles and supporting public education and information initiatives regarding conservation and reduced consumption of water and sea level rise; and WHEREAS, an integral part of all services to be provided by CH2M will be addressing recommendations in the Eisenhardt Report (included as part of Exhibit "A" Term Sheet) and meeting and exceeding Key Performance Indicators ("KPI") including NMB Water facility upgrades, safety audit, expansion of water quality function, comprehensive training program implementation, and financial implications with KPI's related to regulatory compliance, planned maintenance for water and wastewater, water treatment and employee training (included as part of Exhibit "B" Agreement); and WHEREAS, under the direct supervision of the Director of NMB Water and City Manager, CH2M will provide all operations, maintenance, and repair services for NMB Water for a ten-year term, with a five-year renewal option, as long as CH2M is in compliance with the Agreement, for an annual fee of $19,300,000 for the first year, and $18,800,000 annually thereafter, for the remainder of the Agreement; and WHEREAS, in addition to the proposed operations, maintenance, and repair services, CH2M shall provide program management services implementing the City's Capital Improvement Plan for NMB Water and, at the City's direction, provide planning, design, permitting, scheduling, procurement, management, and/or construction of identified capital improvement projects; and WHEREAS, as part of the proposed Agreement, the City Administration seeks approval for critical capital improvements including program management initiation, oversight, reporting, planning, coordination and asset management (included as part of Exhibit "B" Agreement, specifically, Work Order 1 and 2), Norwood Water Treatment Plant expansion and upgrades (included as part of Exhibit "B" Agreement, specifically, Work Order 3 and 4), and security plan evaluation and design (included as part of Exhibit "B" Agreement, specifically, Work Order 5); and RESOLUTION NO

70 WHEREAS, the Mayor and City Commission authorize the City Manager, in accordance with the Agreement (Exhibit B ), to engage CH2M for budgeted expenditures for capital construction projects in an amount not to exceed $2,000,000 per project, and for maintenance and repair projects, study, consulting, and professional service activities in an amount not exceed $200,000 per project; and WHEREAS, the Mayor and City Commission find it to be in the best interests of the City to award RFQ to CH2M for NMB Water Operations, Maintenance and Program Services and authorize the City Manager to execute the Agreement between the City and CH2M, in substantially the attached form (Exhibit B ). NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of North Miami Beach, Florida. Section 1. The foregoing recitals are true and correct. Section 2. The Mayor and City Commission of the City of North Miami Beach hereby award RFQ to CH2M for NMB Water Operations, Maintenance and Program Services. Section 3. The Mayor and City Commission of the City of North Miami Beach authorize the City Manager, in a form acceptable to the City Attorney, to execute the Agreement between the City and CH2M, in substantially the attached form (Exhibit B Agreement), to expend funds in accordance with the Agreement for Operations and Maintenance, Repair and Replacement and Program Management Services, including Work Orders 1-5 (included as part of Exhibit B ), and the City Manager or designee is authorized to do all things necessary to carry out the intent of this Resolution including the implementation of the terms and conditions of the Agreement (Exhibit B ). Section 4. The Mayor and City Commission of the City of North Miami Beach hereby authorize the City Manager, as needed and in accordance with the Agreement (Exhibit B ), to engage CH2M for budgeted expenditures for capital construction projects in an amount not to exceed $2,000,000 per project, and for maintenance and repair projects, study, consulting, and professional service activities in an amount not exceed $200,000 per project. APPROVED AND ADOPTED by the City of North Miami Beach City Commission at the regular meeting assembled this 16 th day of May, [SIGNATURE PAGE TO FOLLOW] RESOLUTION NO

71 ATTEST: PAMELA L. LATIMORE CITY CLERK GEORGE VALLEJO MAYOR (CITY SEAL) APPROVED AS TO FORM, LANGUAGE & FOR EXECUTION: Sponsored by: Mayor and City Commission JOSE SMITH CITY ATTORNEY RESOLUTION NO

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89