Town Council

Wednesday, May 21, 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

May 21, 2014Town Council Meeting Minutes 1. CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE Council Member Mixon made a motion to allow Vice Mayor Sochin to participate in the Town Council meeting via telephone. The motion received a second from Council Member Bell. Mayor MacDougall called for the vote and all were in favor. 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. Palmetto Raiders All-American Scholars The Mayor and Town Council presented 100 percent scholars Daniel Henderson and Lance Holden, members of the Palmetto Raiders, with a certificate of achievement for their outstanding scholastic accomplishment. B. Miami-Dade Fire Rescue 2013 Annual Report Miami-Dade County Fire Chief Dave Downey presented the annual Fire Department Report to the Mayor and Town Council. Members of the Town Council thanked Chief Downey for his service and the recent open house. 3. APPROVAL OF MINUTES · Regular Town Council Meeting, April 16, 2014 A motion was made by Council Member Loyzelle, seconded by Vice Mayor Sochin, that the minutes be approved. The motion carried by an unanimous vote. (5-0) Council Member Bell, Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall Yes: 5 - 4. TOWN COUNCIL ANNOUNCEMENTS Marilyn Horn presented thank you notes from school students to the Town Manager, Mayor and Town Council for their assistance and presentations at the Earth Day event. Council Member Bell acknowledged the Police bike patrol in her neighborhood. Council Member Bell explained the request to "Zillow" to add the Cutler Bay High School to their website as a feature of the Town of Cutler Bay. Council Member Bell announced that there will be a barbeque event on June 20 as a employee appreciation and particularly emphasized the Parks and Recreation employees for going above and beyond the call of duty. Council Member Loyzelle thanked staff for the Earth Day events recently and reported on her attendance at the enviromental fair. Council Member Bell thanked Mayor MacDougall and Superintendent Carvalho regarding their assistance with changes at Cutler Bay Academy, Centennial campus regarding the addition of water sports and the removal of the 8th grade from the high school. Mayor MacDougall reported on recent meetings of the South Dade Mayors and their impact upon the County denial of a soccer stadium at the Port of Miami location. Vice Mayor Sochin reported on his attendance at career day in the Village of Pametto Bay. Page 1Town of Cutler Bay Printed on 7/10/2014

May 21, 2014Town Council Meeting Minutes Mayor MacDougall reported on attendance at the opening of a new local company by the name of Bupa. 5. PUBLIC COMMENTS Jonathan Osorio spoke regarding the tennis courts and the use of some courts for pickle ball. Mayor MacDougall provided a history of the tennis courts and surrounding amenities and reminded that the courts are for all to use. 6. REPORTS A. TOWN MANAGER’S REPORT Town Manager Rafael Casals introduced town lobbyist Fausto Gomez who provided an end of legislative session report to the Town Council. The Mayor and Town Council Members thanked him for the report. Gary Ratay and Alina Phillip of Kimley Horn and Associates provided an update to the progress of the Caribbean Boulevard project. The Town Manager reported on the progress of securing funds to further improve areas of Caribbean Boulevard. The Town Manager reported to the Town Council that the Town is eligible to receive a $13,261 Byrne Grant. He advised the Town Council that the Town received funding last year for burglary suppression. This year NRU officers have been trained to provide security surveys and would like to use the grant to enhance their crime prevention program. He stated that the Town is currently seeking public comment regarding this project. The period of public comment has been advertised using fliers and has been posted on the Town’s website. B. TOWN ATTORNEY’S REPORT Town Attorney Mitch Bierman reported that they were recently successful when challenged by a former employee who applied for unemployment compensation. C. TOWN CLERK'S REPORT Town Clerk Debra Eastman reported on her participation at the Cutler Bay Concerned Citizen's Meeting regarding Town Elections, the status of the new website pages and the automated agenda software Granicus debugging. She reported on the iLegislate app that is available to the Council members. D. BOARD AND COMMITTEE REPORTS Members of the Town Council reported on meetings of various Town Committees. 7. CONSENT AGENDA A. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, SELECTING SUNCOAST NURSERY & TIKI HUTS, INC. FOR THE PURCHASE AND INSTALLATION OF VARIOUS STREETSCAPE TREES WITHIN THE TOWN’S DESIGNATED RIGHT-OF-WAYS; PROVIDING FOR WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2Town of Cutler Bay Printed on 7/10/2014

May 21, 2014Town Council Meeting Minutes This Resolution was adopted on Consent. Enactment No: RES 14-44 B. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO ENVIROWASTE SERVICES GROUP, INC. FOR TOWN-WIDE SIDEWALK REPAIRS; PROVIDING FOR AUTHORIZATION; AND PROVIDING AN EFFECTIVE DATE This Resolution was adopted on Consent. Enactment No: RES 14-45 C. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FOR PROFESSIONAL ENGINEERING SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. This Resolution was adopted on Consent. Enactment No: RES 14-46 D. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, SELECTING ENVIROWASTE SERVICES GROUP, INC. FOR THE TOWN-WIDE CATCH BASIN MAINTENANCE PROGRAM; PROVIDING FOR WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. This Resolution was adopted on Consent. Enactment No: RES 14-47 E. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A COVENANT FOR MAINTENANCE AGREEMENT FOR CERTAIN IMPROVEMENTS ALONG OLD CUTLER ROAD FROM S.W. 87th AVENUE TO S.W. 97th AVENUE WITH MIAMI-DADE COUNTY; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. This Resolution was adopted on Consent. Enactment No: RES 14-48 F. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING AN AGREEMENT WITH SFM SERVICES INC. FOR STREET SWEEPER SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. This Resolution was adopted on Consent. Enactment No: RES 14-49 G. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF Page 3Town of Cutler Bay Printed on 7/10/2014

May 21, 2014Town Council Meeting Minutes CUTLER BAY, FLORIDA, RATIFYING AN AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE TOWN OF CUTLER BAY FOR THE INSTALLATION OF A CANOE/KAYAK LAUNCH AT LAKES BY THE BAY PARK; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Town Manager's Office This Resolution was adopted on Consent. Enactment No: RES 14-50 H. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING AN AMENDMENT TO THE FLOOD MITIGATION GRANT AGREEMENT (FMA-PL-04-FL-2012-002) BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT AND THE TOWN, PROVIDING FOR AUTHORIZATION; AND PROVIDE FOR AN EFFECTIVE DATE. Sponsors: Town Manager's Office Enactment No: RES 14-37 Approval of the Consent Agenda A motion was made by Council Member Mixon, seconded by Council Member Bell, to approve the Consent Agenda. The motion carried by the following vote: Yes: Council Member Bell, Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall 5 - 7A. RESOLUTIONS Mayor MacDougall proposed adopting 7AA - 7AD with one vote and requested if any member of the Town Council would like to pull any of those items for discussion. Council Member Bell requested to pull item 7AC. A. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, EXPRESSING STRONG OPPOSITION TO THE IMMINENT ROLLOUT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION'S (FDOT) PALMETTO EXPRESSWAY PROJECT, WHICH WILL CREATE TOLLED EXPRESS LANES ON STATE ROAD 826/PALMETTO EXPRESSWAY AND I-75, WHEREIN TOLL RATES INCREASE AS CONGESTION INCREASES, AS THIS SYSTEM OF "DYNAMIC TOLLING" WILL PLACE AN ADDITIONAL FINANCIAL STRAIN ON COMMUTERS IN MIAMI-DADE COUNTY, PARTICULARLY DURING PEAK TRAVEL HOURS; PROVIDING FOR TRANSMITTAL AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Council Member Bell, seconded by Council Member Mixon, that this Resolution be adopted. The motion carried by an unanimous vote. (5-0) Council Member Bell, Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall Yes: 5 - Enactment No: RES 14-51 Page 4Town of Cutler Bay Printed on 7/10/2014

May 21, 2014Town Council Meeting Minutes B. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, URGING THE MIAMI-DADE COUNTY BOARD OF COMMISSIONERS TO RESTORE FULL FUNDING TO THE ENTIRE MIAMI-DADE LIBRARY SYSTEM; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Edward MacDougall A motion was made by Council Member Bell, seconded by Council Member Mixon, that this Resolution be adopted. The motion carried by an unanimous vote. (5-0) Council Member Bell, Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall Yes: 5 - Enactment No: RES 14-52 C. A RESOLUTION OF THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, RECOGNIZING THAT AN OVERWHELMING MAJORITY OF THE MIAMI-DADE COUNTY ELECTORATE VOTED TO SUPPORT THE INITIATIVES PRESENTED BY PETS’ TRUST; URGING THE MIAMI-DADE COUNTY COMMISSION TO IMPLEMENT THE WILL OF THE PEOPLE IN THIS CURRENT BUDGET SESSION BY ESTABLISHING THE FUNDING MECHANISMS FOR SAID INITIATIVES; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Peggy Bell Council Member Bell invited Ms. Laurent to the podium who spoke in favor of the resolution. After discussion, a motion was made by Council Member Bell, seconded by Council Member Mixon, that this Resolution be adopted. The motion carried by an unanimous vote. (5-0) Council Member Bell, Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall Yes: 5 - Enactment No: RES 14-53 D. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, REQUIRING ALL TOWN LOBBYISTS TO COMPLY WITH THE ASSOCIATION OF GOVERNMENT RELATIONS PROFESSIONALS CODE OF ETHICS; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Edward MacDougall A motion was made by Council Member Bell, seconded by Council Member Mixon, that this Resolution be adopted. The motion carried by an unanimous vote. (5-0) Council Member Bell, Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall Yes: 5 - Enactment No: RES 14-54 E. Add on A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING AN AGREEMENT WITH DEBRA EASTMAN AS THE TOWN CLERK; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT RELATED TO THE SAME; AND PROVIDING FOR AN EFFECTIVE Page 5Town of Cutler Bay Printed on 7/10/2014

May 21, 2014Town Council Meeting Minutes DATE. Town Attorney Mitch Bierman pointed out that the Council may wish to consider that the total vacation time accrued by the Town Clerk might be capped in a similar manner as that of the Town Manager. A motion was made by Council Member Bell, seconded by Council Member Mixon, that this Resolution be adopted as amended. The motion carried by an unanimous vote. (5-0) Council Member Loyzelle made a motion requesting that the members of the Town Council be notified via telephone call from the Town Clerk when it is determined that there will be an add on item to the agenda. The motion received a second from Council Member Bell. Mayor MacDougall called for the vote and all were in favor (5-0). Council Member Bell, Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall Yes: 5 - Enactment No: RES 14-55 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 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 Loyzelle, seconded by Council Member Bell, that the resolution be amended to permit a wall sign to be 123 square feet where 40 square feet is permitted. The motion carried by an unanimous vote. (5-0) Council Member Bell, Council Member Loyzelle, Council Member Mixon, Vice Mayor Sochin and Mayor MacDougall Yes: 5 - Enactment No: RES 14-56 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) 12. PUBLIC COMMENTS There were no public comments. 13. MAYOR AND COUNCIL COMMENTS Mayor and Council Members announced various upcoming town events. 14. OTHER BUSINESS Town Manager Rafael Casals reminded of the upcoming Strategic Master Plan meetings. Page 6Town of Cutler Bay Printed on 7/10/2014

May 21, 2014Town Council Meeting Minutes 15. ADJOURNMENT The meeting adjourned at 9:51 p.m. Page 7Town of Cutler Bay Printed on 7/10/2014