MINUTES OF A REGULAR MEETING TOWN OF BAY HARBOR ISLANDS

MINUTES OF A REGULAR MEETING TOWN OF BAY HARBOR ISLANDS A Regular meeting of the Town Council was held on Monday April 11 th, 2016 at 7:43 p.m. in the Council Chambers. Upon roll call the following members responded: Mayor Jordan Leonard Vice Mayor Stephanie Bruder Council Member Joshua Fuller Council Member Kelly Reid Council Member Isaac Salver Council Member Elizabeth Tricoche Council Member Robert Yaffe SPECIAL PRESENTATION: Item 1. Formal presentation of the Town's Comprehensive Annual Financial Report for the year ended September 30, 2015. The report was issued on March 21st and provided to the Mayor and Council at that time. Mr. Michael Futterman of Marcum LLP represents the Town's auditors. Michael Futterman of Marcum LLP came forward and reported on the annual report for the fiscal year ending September 2015. He provided a copy of the report and also stated that a certificate of achievement of financial reporting was received for 2015. He added that the financial report submitted had a clear opinion of $1.8 Million under budget. REQUESTS FOR WITHDRAWALS, DEFERMENTS AND FUTURE AGENDA ITEMS: Town Clerk Siegel stated that Item #12 was withdrawn by the applicant. Item 12. Discussion and possible action on a real estate offer for the purchase of a 6,358 square foot portion of a land parcel located on southwest corner of West Broadview Drive and 96th Street. STAFF RECOMMENDATION: Against approval. WITHDRAWN. TOWN MANAGER S REPORT: Town Manager Wasson congratulated Finance Director Alan Short on a job well done. He reported that Florida Power & Light would start the project to change out the lights and it was estimated to be completed at the end of April. He also stated that he has been approach by several people with regards

MINUTES OF A REGULAR COUNCIL MEETING held on April 11 th, 2016 2 to the vacant land on 95 th Street. He asked the Town Council if there was consensus to move forward and consider the possible sale of the land. ACTION: Consensus was to move forward and advertise the sale for the vacant land. COUNCIL REPORTS: Each Council Member will be afforded two (2) minutes to make their reports. Council Member Tricoche attended the Annual Egg Hunt event and suggested to be more specific on the start time for next year s event. Council Member Reid reminded the Town Council on the Annual Pelican Harbour Party that was set to be held on April 30 th, 2016. Council Member Fuller thanked all the citizens for his re election to the Town Council. Council Member Yaffe attended the Miami Dade County League of Cities Meeting and the Real Estate Event that was hosted by local realtors in Town. Vice Mayor Bruder congratulated the Bay Harbor Islands Police force for receiving State accreditation. Mayor Leonard welcomed the all the officials in attendance involved in the State accreditation for the Bay Harbor Islands Police force. Town Manager Wasson explained the accreditation process was for the review the Police Department policies and guidelines. He added that the concept of accreditation was to organize the department. : There is a three (3) minute time limit for each speaker during public comment and a two (2) minute time limit for each speaker during all other agenda items. Your cooperation is appreciated in observing the three (3) minute rule. If you have a matter you would like to discuss which requires more than three (3) minutes, please arrange a meeting with the Town Manager or appropriate administrative official. A request form is available from staff; please fill it in and return it to the Town Clerk prior to the start of the meeting if you would like to speak during public comment. Please come forward to the podium, give your name and address, and the name and address of the organization you are representing if any. Linda Zilber, 1231 95 St., came forward and suggested for the Town to implement a new program for the Bay Harbor Islands kids that would provide a scholarship for children that were under privilege. Victor Maya, 1155 103 St, came forward and was disappointed on the lack of discussion on the appointment for the Planning & Zoning Board. He also commented on the proposed resolution that

MINUTES OF A REGULAR COUNCIL MEETING held on April 11 th, 2016 3 would amend the toll charges and suggested applying the same fees that the Rickenbacker Causeway to the Broad Causeway. Jeffrey Koster, 1135 103 St. came forward and was concerned with the kids safety while playing on the Bay Harbor Streets. He suggested adding more signage for commuter s to be aware of the kids and an electric sign for the Town. Pablo Lima, Police Association came forward and stated the accreditation process went smoothly and the police department moral was up. He felt that the Bay Harbor Police force was a great team. COMMITTEE REPORTS: Item 2. Consideration of a request for appointment to the Parks & Recreation Committee by Mr. Alan Bebchik and Mr. Johnathan Macy. Town Clerk Siegel stated the she received two (2) new requests from residents to be appointed to the Parks & Recreation Committee by Mr. Alan Bebchik and Mr. Johnathan Macy. ACTION: Council Member Fuller made a motion to appoint Mr. Bebchik and Mr. Macy to the Parks & Recreation Committee. Vice Mayor Bruder seconded the motion and it passed unanimously. At this time Item #6 was pulled from Consent Agenda for discussion. CONSENT AGENDA: (Consent agenda items are those which are routine, do not require discussion or explanation prior to Town Council action, or have already been discussed and/or explained and do not require further discussion or explanation. Items can be removed from the consent agenda by the request of an individual Council member for independent consideration provided such request is made prior to the vote on the consent agenda.) Item 3. Approval of Minutes for the following Meetings: a. Minutes of a Regular Council Meeting held on January 11, 2016. b. Minutes of a Regular Council Meeting held on February 8, 2016. Item 4. Approval of a Mutual Aid Agreement with the City of Medley Police Department and the Town of Bay Harbor Islands Police Department.

MINUTES OF A REGULAR COUNCIL MEETING held on April 11 th, 2016 4 Item 5. Approval of a Mutual Aid Agreement with the City of South Miami Police Department and the Town of Bay Harbor Islands Police Department. ACTION: Vice Mayor Bruder made a motion to approve the Consent Agenda. Council Member Fuller seconded the motion and it passed unanimously. Item 6. Approval of a Resolution to set the Toll rates for the Broad Causeway. amendment would charge $5.00 per additional axle. The proposed ACTION: Council Member Reid made a motion to approve the proposed resolution. Vice Mayor Bruder seconded the motion and it passed unanimously. Item 7. Consideration and Approval of an ordinance on first reading requested by Council Member Reid amending Chapter 12 of the Town Code related to noise and the maximum decibel allowances. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, AMENDING THE TOWN S CODE OF ORDINANCES AS RELATED TO NOISE AND MAXIMUM DECIBEL ALLOWANCES; AMENDING ARTICLE II OF CHAPTER 12 OF THE CODE TO MODIFY THE DECIBEL NOISE LIMITS ALLOWED IN THE TOWN; PROVIDING ACOUSTICAL MEASUREMENT STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. ACTION: Council Member Reid made a motion to approve the proposed ordinance. Vice Mayor Bruder seconded the motion for discussion. Town Planner Michael Miller came forward to address the Council. He stated that the item was discussed in the past months and Professor Simon prepared a study of the community and made a recommendation on the proposed decibels. His recommendation varies on the West Island from the East Island. The proposed amendment was about 5 decibels different from what the code current has. The amendment would change from 60 decibels to 65 decibels. Harry Bruder, 1281 98 St, came forward and commented on the proposed noise ordinance. He felt that the only noise issue currently was with the construction sites. Victor Maya, 1155 103 St., came forward and stated that the noise issue was on the East Island and urged the Town Council to do something about the leaf blowers.

MINUTES OF A REGULAR COUNCIL MEETING held on April 11 th, 2016 5 CLOSED At this time Council Member Reid withdrew her motion. DEFERRED ITEMS: Item 7.5 Approval of an award contract to FXP Corporation in the amount $108,000 for emergency repairs to the air conditioning system for Town Hall. ACTION: Council Member Yaffe made a motion to approve the contract award to FXP Corporation. Council Member Fuller seconded the motion and it passed by unanimous poll vote. TOWN MANAGER ITEMS: (Town business items requiring Council approval) Item 8. Request for an extension to close on a agreement for the purchase and sale of Transfer of Development Rights (TDR) between the Town and Furmanos, LLC. The contract was revised and last extended on October 13, 2015 for (5) five TDR units to be transferred to property located at 1170 93 Street. Attorney Matthew Amster, came forward and stated that the project has made progress and obtained approvals from the Miami Dade County, DERM, and the Building Department, but were pending other approvals from other agencies. He respectfully asked for a 6 month extension. Victor Maya, 1135 103 St, came forward and was opposed to granting the applicant an extension. CLOSED ACTION: Vice Mayor Bruder made a motion to grant a 6 month extension to be paid in a lum sum amount of $50,000 by May 11, 2016. Council Member Yaffe seconded the motion and it passed unanimously. Item 9. Consideration and Approval of an expenditure in the amount of $45,000.00 for Contract BC 147 Broad causeway Street Lights. This expenditure includes an amount of $29,855.88 in favor of Municipal Lighting Systems, Inc. The amount of $12,332.40 in favor of Tri City Electric Co,. Inc. (TCE) to provide labor, and $2,811.72 for a contingency allowance. At this time Vice Mayor Bruder stepped out of the dias.

MINUTES OF A REGULAR COUNCIL MEETING held on April 11 th, 2016 6 Victor Maya, 1135 103 St., came forward and asked if the proposed materials were advertised for competitive bids. Town Manager Wasson stated that they were the only supplier with these type of materials. CLOSED ACTION: Council Member Salver made a motion to approve the expenditure. Council Member Fuller seconded the motion and it passed by unanimous poll vote, with Vice Mayor Bruder out of the dias. Item 10. Approval of a contract with Pay By Phone to provide a wireless application to enhance the payment process at parking facilities and metered parking stalls owned by the Town. The Town is 'piggybacking" off of the Miami Parking Authority's current contract. Victor Maya, 1135 103 St., came forward and asked why weren t there any bids received for this item. He also asked if the Town Attorney reviewed the contract that the Town was piggybacking on. CLOSED Assistant Manager Jimenez stated that the proposed vendor was commonly used in other communities and they were recommended by the City of Miami and the City of South Miami. The proposed contract was for 1 year, with 2 year extension option. At this time Vice Mayor Bruder returned to the dias. ACTION: Council Member Yaffe made a motion to approve the contract with Pay by Phone. Council Member Salver seconded the motion and it passed unanimously. Item 11. Approval of a contract with Parkeon, Inc. in the amount of $76,520 for the purchase of 8 new master parking meters for Kane Concourse, which also includes the installation of the new machines. ACTION: Vice Mayor Bruder made a motion to approve the purchase of master parking meters. Council Member Yaffe seconded the motion and it passed by unanimous poll vote. Mayor Leonard requested a parking meter on the Brown Lot located on 97 Street and West Bay Harbor Drive.

MINUTES OF A REGULAR COUNCIL MEETING held on April 11 th, 2016 7 Item 13. Approval of Change Orders # 14, 15 and 16 in the amounts of $48,304.00, $34,802.58 and $15,251.50 respectively, for the electrical supplies and other materials to the Bridge House and the Chevron Station. Victor Maya, 1135 103 Street, came forward and was opposed to the proposed expenditures for change orders. CLOSED ACTION: Vice Mayor Bruder made a motion to approve the change of orders #14, 15, 16. Council Member Salver seconded the motion and it passed by unanimous poll vote. Item 14. Approval of a proposal from Florida & Power Light in the amount of $195,517 to install the interior LED Lights for East Island. ACTION: Vice Mayor Bruder made a motion to approve the proposal from Florida & Power Light. Council Member Tricoche seconded the motion and it passed by unanimous poll vote. DISCUSSION ITEMS: Item 15. Discussion requested by Council Member Yaffe regarding the recently approved resolution from the Town of Surfside supporting the United States Coast Guard's modification of bridge schedules, including the Shepard Broad Causeway. Council Member Yaffe stated that a City of Miami Beach commissioner talked to him regarding the bridge openings. He felt that limiting the bridge openings during rush hour in the mornings would be beneficial to the Town residents. There was a brief discussion on the proposed resolution from the Town surfside; the current construction on the bridge and other cities communication on the proposed bridge schedule. Victor Maya, 1135 103 St, came forward and asked the Town Council to be more proactive and communicate with the surrounding cities on how the Bal Harbour Shops and the Church by the Sea could impact the Town.

MINUTES OF A REGULAR COUNCIL MEETING held on April 11 th, 2016 8 CLOSED Consensus was to wait until the construction on the Intra Coastal Waterway Bridge was completed to address the proposed bridge schedule. There being no further business to discuss meeting was adjourned at 9:13 p.m. MAYOR ATTEST TOWN CLERK