Town Council

Wednesday, March 19, 2014 7:00 PM Town of Cutler Bay Town Hall 10720 Caribbean Blvd Suite 105 Cutler Bay, FL 33189 Council Chambers Town Council MAYOR AND COUNCIL MEMBERS Mayor Edward P. MacDougall Vice Mayor Ernest N. Sochin Council Member Peggy R. Bell Council Member Sue Ellen Loyzelle Council Member Mary Ann L. Mixon CHARTER OFFICIALS Town Attorney Mitchell Bierman Town Attorney Chad Friedman Town Manager Rafael G. Casals Town Clerk Debra E. Eastman, MMC Meeting Minutes

March 19, 2014Town Council Meeting Minutes 1. CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE Council Member Peggy Bell, Council Member Sue Ellen Loyzelle, Council Member Mary Ann Mixon, Vice Mayor Ernest Sochin and Mayor Edward MacDougall Present: 5 - 2. PROCLAMATIONS, AWARDS, AND PRESENTATIONS A. Certificate of Recognition - Eagle Scout Project Sponsors: Peggy Bell Scout Peter Rodriguez, an aspiring Eagle Scout, recently produced 900 pocket flags to be given to US servicemen. He was presented with a Certificate of Recognition by the Mayor and Town Council. B. Certificate of Appreciation - Chipotle Mexican Grill The Mayor and Town Council thanked Mr. Italo Scaldasseri of Chipotle Mexican Grill for his donation of food to the Relay for Life event and presented him with a Certificate of Appreciation. C. Proclamation - Health South Anniversary The proclamation was deferred to a future meeting. 3. APPROVAL OF MINUTES A. · Local Planning Agency, February 19, 2014 · Regular Town Council Meeting, February, 2014 A motion was made by Council Member Loyzelle, seconded by Council Member Mixon, that the Minutes be approved. The motion carried by an unanimous vote. (5-0) 4. TOWN COUNCIL ANNOUNCEMENTS Council Member Loyzelle reported on upcoming meetings. Vice Mayor Sochin reported on the spill of hydraulic fluid on newly paved roads and the under-use of Lakes by the Bay Park and state of the wifi connectivity in the parks. Vice Mayor Sochin, Council Member Loyzelle and Council Member Bell discussed the preparation and distribution of newletters created by members of the Town Council. Mayor MacDougall gave a report on his recent trip to Tallahassee and legislation regarding flood insurance, tolls on Miami-Dade Expressways and red light cameras. 5. PUBLIC COMMENTS Tom Condon spoke in opposition to having newsletters from individual members of the Town Council sent out by the Town Clerk. AJ Meyer congratulated Peter Rodriguez for the flag project and commended Vice Mayor Sochin for his review of Town parks. 6. REPORTS Page 1Town of Cutler Bay Printed on 4/17/2014

March 19, 2014Town Council Meeting Minutes A. TOWN MANAGER’S REPORT Town Manager Rafael Casals provided a written report to the Town Council and highlighted that the circulator bus ridership is currently at record high numbers. He reported on the successful grand re-opening event for Old Cutler Road event. Gary Ratay of Kimley Horn and Associates provided an update on the Caribbean Boulevard project. Town Manager Casals reported on the recent training of members of the police force regarding anti-bullying. B. TOWN ATTORNEY’S REPORT Town Attorney Chad Friedman reported on the Publix litigation. C. TOWN CLERK'S REPORT Town Clerk Debra Eastman reminded the Mayor and Town Council of the upcoming Miami-Dade Days in Tallahassee, reported on the continuing website project and the completion of the Ordinance Register that is required by Town Charter and that is on file in the Town Clerk's office. D. BOARD AND COMMITTEE REPORTS Council Member Mixon reported on the Floodplain Mitigation Plan Committee meetings. Council Member Bell reported on the recent meeting of the Youth Council. Vice Mayor Sochin reported on the recent meeting of the Education Advisory Committee. Council Member Loyzelle reported on the recent Communities for a Lifetime Committee meeting and projects. Mayor MacDougall annouced that Miami-Dade County has agreed to change the name of Eureka Drive/Burger King Way, from US 1 to Old Cutler Road, to John F. Cosgrove Way after the Town of Cutler Bay's first Mayor. Vice Mayor Sochin made a motion to require that all correspondence, from the members of the Town Council to the Town, be done on their own time and on their own computers. The motion received a second from Mayor MacDougall. After discussion by the Town Council, Mayor MacDougall called for the vote. The motion failed 2-3 with Council Members Loyzelle, Mixon and Bell voting in opposition. 7. CONSENT AGENDA A. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING AN AGREEMENT WITH BERGERON EMERGENCY SERVICES, INC. FOR EMERGENCY DEBRIS REMOVAL SERVICES; PROVIDING FOR AUTHORIZATION OF THE TOWN MANAGER TO EXECUTE THIS AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. This Resolution was adopted on Consent. Enactment No: RES 14-14 B. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AUTHORIZING THE TOWN MANAGER TO SUBMIT A Page 2Town of Cutler Bay Printed on 4/17/2014

March 19, 2014Town Council Meeting Minutes GRANT APPLICATION WITH THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; AND PROVIDING AN EFFECTIVE DATE. This Resolution was adopted on Consent. Enactment No: RES 14-15 C. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, PROCLAIMING THE MONTH OF MARCH AS “BIKE305 MONTH”; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Town Manager's Office This Resolution was adopted on Consent. Enactment No: RES 14-16 Approval of the Consent Agenda A motion was made by Vice Mayor Sochin, seconded by Council Member Bell to approve the Consent Agenda. The motion carried unanimously (5-0). 7A. RESOLUTIONS A. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF TOWN OF THE CUTLER BAY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT HOUSE BILL 581 OR SIMILAR LEGISLATION RELATED TO THE DEVELOPMENT OF A PRIVATE MARKET FOR FLOOD INSURANCE; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Edward MacDougall A motion was made by Council Member Mixon, seconded by Vice Mayor Sochin, that this Resolution be adopted. The motion carried by an unanimous vote. (5-0) Enactment No: RES 14-17 B. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, SUPPORTING EFFORTS OF FIREARMS' RETAILERS TO REDUCE GUN VIOLENCE AND ILLEGAL TRAFFICKING IN FIREARMS THROUGH INDUSTRY SALES AND MARKETING BEST PRACTICES; DIRECTING THE TOWN MANAGER TO COORDINATE WITH THE TOWN POLICE DEPARTMENT AND WITH OTHER MUNICIPALITIES IN SUPPORT OF THIS INITIATIVE AND TO WORK WITH FIREARM SUPPLIERS TO ENCOURAGE SALES AND MARKETING SAFEGUARDS; AND DIRECTING THE TOWN CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO OTHER SOUTH FLORIDA MUNICIPALITIES, THE MIAMI-DADE AND FLORIDA LEAGUE OF CITIES, INC. AND TO MEMBERS FLORIDA'S CONGRESSIONAL DELEGATION. Sponsors: Ernest Sochin Page 3Town of Cutler Bay Printed on 4/17/2014

March 19, 2014Town Council Meeting Minutes A motion was made by Vice Mayor Sochin, seconded by Council Member Loyzelle, that this Resolution be adopted. The motion carried by the following vote: Yes: Council Member Bell, Council Member Loyzelle, Council Member Mixon and Vice Mayor Sochin 4 - No: Mayor MacDougall1 - Enactment No: RES 14-18 C. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, URGING MIAMI-DADE COUNTY TO ENFORCE THE TERMS OF THE GENERAL OBLIGATION BOND FUNDING AGREEMENT PERTAINING TO BAYPOINT PROPERTY LOCATED IN THE TOWN; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Edward MacDougall A motion was made by Council Member Loyzelle, seconded by Council Member Mixon, that this Resolution be adopted. There was a friendly amendment to include the address of the property in the title of the resolution, rather than the name Baypoint property. The amended motion carried by the following vote: Yes: Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall 4 - No: Council Member Bell1 - Enactment No: RES 14-19 8. QUASI-JUDICIAL HEARINGS (PUBLIC HEARING REQUIRED) A. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, WAIVING ARTICLE VI, ARCHITECTURE AND FORM STANDARDS, SEC. 3-80(F) OF THE TOWN CODE RELATING TO THE MINIMUM PERCENTAGE REQUIRED FOR DOORS AND WINDOWS ON THE FIRST FLOOR AND THE PROHIBITED USE OF FAUX OR DISPLAY CASEMENTS IN LIEU OF EXTERIOR WINDOW TREATMENTS FOR THE FRONTAGE ELEVATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Council Member Bell, seconded by Council Member Loyzelle, that this Resolution be deferred to April 16, 2014. The motion carried by an unanimous vote. (5-0) B. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, TO PERMIT FOUR (4) WALL SIGNS WHERE TWO (2) ARE PERMITTED; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Council Member Bell, seconded by Council Member Loyzelle, that this Resolution be deferred to April 16, 2014. The motion carried by an unanimous vote. (5-0) Page 4Town of Cutler Bay Printed on 4/17/2014

March 19, 2014Town Council Meeting Minutes C. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR SIGNAGE FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, TO PERMIT TWO (2) WALL SIGNS TO BE 75.69 SQUARE FEET WHERE 40 SQUARE FEET IS PERMITTED LOCATED ON THE NORTH AND SOUTH ELEVATION OF THE TOWER; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Council Member Bell, seconded by Council Member Loyzelle, that this Resolution be deferred to April 16, 2014. The motion carried by an unanimous vote. (5-0) D. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR SIGNAGE FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, TO PERMIT A WALL SIGN TO BE 123 SQUARE FEET WHERE 40 SQUARE FEET IS PERMITTED LOCATED ON THE EAST ELEVATION OF THE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Council Member Bell, seconded by Council Member Loyzelle, that this Resolution be deferred to April 16, 2014. The motion carried by an unanimous vote. (5-0) E. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR SIGNAGE FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, TO PERMIT A WALL SIGN TO BE 218.7 SQUARE FEET WHERE 40 SQUARE FEET IS PERMITTED LOCATED ON THE SOUTH ELEVATION OF THE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Council Member Bell, seconded by Council Member Loyzelle, that this Resolution be deferred to April 16, 2014. The motion carried by an unanimous vote. (5-0) F. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING THE REQUEST OF DESTINY BUILDINGS, LLC (EL DORADO PLAZA) TO PERMIT A 69,525 SQUARE FOOT MIXED-USE PROJECT ON PROPERTY LOCATED AT 19250 SOUTH DIXIE HIGHWAY, AS LEGALLY DESCRIBED IN EXHIBIT “A”, CONSISTING OF APPROXIMATELY 4.12 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Council Member Bell, seconded by Council Member Loyzelle, that this Resolution be deferred to April 16, 2014. The motion carried by an unanimous vote. (5-0) G. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A CONDITIONAL USE APPLICATION TO PERMIT THE CONVERSION OF 25,777 SQUARE FEET OF EXISTING RETAIL SPACE TO EDUCATIONAL FACILITY USE IN THE SOUTHLAND MALL LOCATED AT 20505 SOUTH DIXIE HIGHWAY, AS LEGALLY DESCRIBED IN EXHIBIT “A”, CONSISTING OF APPROXIMATELY 90.35 NET ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. Page 5Town of Cutler Bay Printed on 4/17/2014

March 19, 2014Town Council Meeting Minutes A motion was made by Vice Mayor Sochin, seconded by Council Member Loyzelle, that this Resolution be adopted. The motion carried by the following vote: Yes: Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall 4 - No: Council Member Bell1 - Enactment No: RES 14-20 9. ORDINANCES FOR FIRST READING (NO PUBLIC HEARING REQUIRED) 10. ORDINANCES FOR FIRST READING (PUBLIC HEARING REQUIRED) 11. ORDINANCES FOR SECOND READING (PUBLIC HEARING REQUIRED) A. AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING THE REQUEST OF ANTHONY D. FERNANDEZ, TO PERMIT A REZONING FROM SR (SINGLE FAMILY RESIDENTIAL DISTRICT) TO NR (NEIGHBORHOOD RESIDENTIAL DISTRICT) ON PROPERTY GENERALLY LOCATED ON S.W. 200 TERRACE AND S.W. 87 AVENUE (FOLIO NUMBER 36-6009-002-1820), AS LEGALLY DESCRIBED IN EXHIBIT “A”, CONSISTING OF APPROXIMATELY 1.08 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Vice Mayor Sochin, seconded by Council Member Mixon, that this Ordinance be adopted. The motion failed by the following vote: Yes: Vice Mayor Sochin1 - No: Council Member Bell, Council Member Loyzelle, Council Member Mixon and Mayor MacDougall 4 - 12. PUBLIC COMMENTS Anthony Fernandez expressed his disappointment in the Town Council vote on item 11. Jean McJilton and Henry Rodriguez thanked the Town Council for their vote on item 11. Beverly Sykes questioned the reason for rezoning. 13. MAYOR AND COUNCIL COMMENTS Council Member Bell requested a proclamation for Lt. Hernandez. After clarification, Mayor MacDougall agreed. 14. OTHER BUSINESS There was no other business. 15. ADJOURNMENT A motion was made to adjourn by Council Member Loyzelle. The motion received a second from Council Member Bell. The meeting adjourned at 11:56 p.m. Page 6Town of Cutler Bay Printed on 4/17/2014