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Town Council

February 19, 2020 ·7:00 PM Final

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 42 items

  1. 1 DECORUM POLICY
  2. 2 No individuals shall make slanderous or unduly repetitive remarks or engage in any other form of behavior that disrupts or impedes the orderly conduct of the meeting, as determined by the Presiding Officer. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Individuals addressing the Town Council must first be recognized by the Presiding Officer and must do so utilizing the designated podium in the Council Chambers. No more than one person may address the Council at a time unless specifically permitted by the Presiding Officer. Comments are to be made to the Town Council and not to the audience. Persons exiting the Council Chambers shall do so quietly. Any individuals determined to have violated the Rules of Decorum, as determined by the Presiding Officer, may be required to leave the Council Chambers.
  3. 3 NOTICE TO ALL LOBBYISTS
  4. 4 Any person who receives compensation, remuneration or expenses for conducting lobbying activities is required to register as a Lobbyist with the Town Clerk prior to engaging in lobbying activities before the Town Council pursuant to Sec. 2-236, Town Code and Sec. 7.6, Town Charter.
  5. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, & MOMENT OF SILENCE
  6. 2. TOWN COUNCIL ANNOUNCEMENTS, BOARD & COMMITTEE REPORTS ▶ jump to 1:50
  7. A. · Mayor Meerbott February 2020 Report · Vice Mayor Loyzelle February 2020 Report · Council Member Duncan February 2020 Report · Council Member Callahan February 2020 Report · Council Member Coriat February 2020 Report Item # 2020-38 ▶ jump to 1:50
  8. B. · 2020 CFAL Age Friendly Action Plan Update Item # 2020-37 ▶ jump to 6:27
  9. 3. PUBLIC COMMENTS ▶ jump to 28:05
  10. 10 Any person who wishes to comment on an agenda item which is not under public hearings may be heard at this time and must sign up in advance. Please limit your comments to three (3) minutes or less, as directed by the Presiding Officer. Comments made by members of the public are important to the Town Council. If appropriate, items may be referred to town staff for review and resolution. Speakers will address the Town Council with respect. Inappropriate language will not be tolerated.
  11. 4. REPORTS ▶ jump to 29:52
  12. A. TOWN MANAGER’S REPORT ▶ jump to 29:52
  13. 13 · Town Manager Monthly Report February 2020 Item # 2020-36 ▶ jump to 29:52
  14. B. TOWN ATTORNEY’S REPORT ▶ jump to 43:35
  15. C. TOWN CLERK'S REPORT ▶ jump to 43:53
  16. 5. CONSENT AGENDA ▶ jump to 44:53
  17. 17 Any items shall be removed from the Consent Agenda for discussion or separate vote if requested or “pulled” by a Council Member or the Town Manager.
  18. 18 APPROVAL OF MINUTES ▶ jump to 45:17
  19. A. · January 15 2020 Local Planning Agency Minutes · January 15 2020 Regular Town Council Minutes · January 22 2020 Town Council Workshop Minutes Item # 2020-25 approved Pass ▶ jump to 45:17
  20. B. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AUTHORIZING THE TOWN MANAGER TO ISSUE A PURCHASE ORDER TO STANTEC CONSULTING SERVICES, INC. FOR DESIGN SERVICES OF THE FRANJO ROAD ROADWAY IMPROVEMENTS (FROM OLD CUTLER ROAD TO S.W. 184 STREET) PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Item # 2020-26 adopted Pass ▶ jump to 45:17
  21. C. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AUTHORIZING AND DIRECTING THE TOWN TO JOIN IN THE FILING OF AN AMICUS BRIEF TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT OPPOSING THE ENVIRONMENTAL PROTECTION AGENCY’S AFFORDABLE CLEAN ENERGY RULE; URGING LOCAL GOVERNMENT SUPPORT OF THE BRIEF; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Item # 2020-27 adopted Pass ▶ jump to 45:17
  22. D. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO APPROVE SENATE BILL 182, ALSO KNOWN AS “PREEMPTION OF RECYCLABLE AND POLYSTYRENE MATERIALS,” AND ANY COMPANION HOUSE BILLS RELATING TO THE REPEAL OF SECTIONS 403.7033 AND 500.90, FLORIDA STATUTES REGARDING THE USE OR SALE OF SINGLE-USE PLASTIC BAGS AND POLYSTYRENE MATERIALS AND PREEMPTION OF LOCAL LAWS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Item # 2020-30 adopted Pass ▶ jump to 45:40
  23. E. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, SELECTING H.G. CONSTRUCTION, DEVELOPMENT AND INVESTMENT, INC. FOR THE CONSTRUCTION OF THE BIKE/PEDESTRIAN FACILITIES IMPROVEMENTS PROJECT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Item # 2020-31 adopted Pass ▶ jump to 45:17
  24. 6. QUASI-JUDICIAL HEARINGS (PUBLIC HEARING REQUIRED) ▶ jump to 82:40
  25. 25 (These hearings are scheduled to begin being heard not later than 8:00 P.M.) All persons addressing the Town Council shall be sworn-in prior to giving testimony and may be subject to cross examination. All persons addressing the Town Council shall state their name and address for the record. Each party will be limited to a presentation of 20 minutes. This time limitation may be extended by the chair of the meeting. ▶ jump to 83:17
  26. A. AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING THE REQUEST OF COUGAR HOLDINGS, LLC TO PERMIT A REZONING FROM SR (SINGLE- FAMILY RESIDENTIAL DISTRICT) TO NC-1 (NEIGHBORHOOD CENTER 1 DISTRICT) ON PROPERTY GENERALLY LOCATED AT 8495 S.W. 200 STREET (FOLIO NO. 36-6003-035-0060 & 36-6003-002-0040) AS LEGALLY DESCRIBED IN EXHIBIT “A”, CONSISTING OF APPROXIMATELY +/- .82 NET ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.( * previously deferred per January 15, 2020 Regular Town Council Meeting to date certain February 19, 2020 Regular Town Council Meeting. ) Item # 2020-13 no action taken ▶ jump to 47:24
  27. B. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, GRANTING FINAL PLAT APPROVAL FOR MARLIN ESTATES FOR PROPERTY GENERALLY LOCATED WEST OF BELVIEW DRIVE AND SOUTHWEST OF S.W. 191 STREET, AS LEGALLY DESCRIBED IN EXHIBIT “A” ON APPROXIMATELY 1.25 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. Item # 2020-39 adopted Pass ▶ jump to 82:50
  28. 7. ORDINANCES FOR FIRST READING (NO PUBLIC HEARING REQUIRED) ▶ jump to 89:03
  29. A. AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AMENDING THE TOWN’S COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR PROPERTY LOCATED AT OLD CUTLER ROAD AND SW 200 STREET (FOLIO NO. 36-6003-035-0060) FROM LOW DENSITY RESIDENTIAL TO MIXED USE; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (* previously deferred per January 15, 2020 Regular Town Council Meeting to date certain February 19, 2020 Regular Town Council Meeting.) Item # 2020-08 denied Pass ▶ jump to 47:24
  30. B. AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, COMPREHENSIVELY UPDATING AND REVISING CHAPTER 3, “LAND DEVELOPMENT REGULATIONS” OF THE TOWN CODE OF ORDINANCES RELATING TO MOBILITY REGULATIONS; DISSOLVING THE MORATORIUM IMPOSED BY ORDINANCE NO. 19-13 AS TO MOBILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Item # 2020-34 approved on first reading Pass ▶ jump to 89:03
  31. 8. ORDINANCES FOR FIRST READING (PUBLIC HEARING REQUIRED)
  32. 9. ORDINANCES FOR SECOND READING (PUBLIC HEARING REQUIRED)
  33. 10. RESOLUTIONS ▶ jump to 93:29
  34. A. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, ADOPTING THE CUTLER BAY MOBILITY HUBS PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Item # 2020-29 adopted Pass ▶ jump to 93:29
  35. B. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, SELECTING STONEHENGE CONSTRUCTION, LLC. FOR THE FRANJO PARK IMPROVEMENTS; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (* previously deferred per February 19, 2020 Regular Town Council Meeting to date certain March 18, 2020 Regular Town Council Meeting-Cancelled) Item # 2020-33 deferred Pass ▶ jump to 99:10
  36. 11. PUBLIC COMMENTS ▶ jump to 108:45
  37. 37 Any person who wishes to comment on an agenda item which is not under public hearings may be heard at this time and must sign up in advance. Please limit your comments to three (3) minutes or less, as directed by the Presiding Officer. Comments made by members of the public are important to the Town Council. If appropriate, items may be referred to town staff for review and resolution. Speakers will address the Town Council with respect. Inappropriate language will not be tolerated.
  38. 12. ADJOURNMENT ▶ jump to 111:22
  39. 39 Pursuant to Florida Statutes 286.0105, the town hereby advises the public that if a person decides to appeal any decision made by the council with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, the affected person may need to ensure that verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the town for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
  40. 40 This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation or a sign language interpreter to participate in this proceeding should contact the Town Clerk at (305) 234-4262 for assistance no later than four days prior to the meeting. Hearing Assistance Devices are available with the Town Clerk. Wireless connection GUEST@TOWNOFCUTLERBAY is now available in the Town Council Chambers. Once connected, you will be redirected to the new splash page where you must read the Terms of Service and click “I Accept Connect Me Now.” Please make note there is a maximum of two (2) hours before you are automatically disconnected from the Wi-Fi and must reconnect.
  41. 41 We, the Town Council of Cutler Bay, hereby recommit ourselves to maintain civility in our public and political discourse and we hereby pledge our commitment to the following principles:
  42. 42 We will respect the right of all citizens in our community to hold different opinions; We will avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; We will strive to understand differing perspectives; We will choose our words carefully; We will speak truthfully without accusation and we will avoid distortion; and We will speak out against violence, prejudice and incivility of their forms, whenever and wherever they occur.