May 13, 2026 Regular Town Council Meeting Minutes

Page 1 of 17 Town of Bay Harbor Islands Regular Town Council Meeting MINUTES May 13, 2026 Community Center – 1175 95th Street Bay Harbor Islands, FL 33154 Opening Call to Order Mayor Salver called the meeting to order at 7:01 p.m. Pledge of Allegiance Pledge of allegiance was delivered by Danilo Ortega from Ruth K. Broad Bay K-8 Center. Roll Call of Members Town Clerk Herbello called the roll with the following members present. Present: Mayor Isaac Salver, Vice Mayor Stephanie Bruder, Council Member Robert Yaffe, Council Member Eric Rappaport, Council Member Molly Diallo, Council Member Elchonon Shagalov and Council Member Joshua Fuller. Also Present: Town Manager Lindsley Noel, Interim Town Attorney Tania Cruz-Gimenez. Special Presentations: 1. Special Presentation by District 7 Miami-Dade County Commissioner Raquel Regalado – Request to present Neuroinclusion Toolkit in Bay Harbor Islands: County Commissioner Regalado’s designee was unable to attend. 2. Ruth K. Broad Bay Harbor K-8 Center Rookie Teacher of the Year – Danila Sanz – Sponsored by Council Member Molly Diallo Council Member Diallo provided a biography of Danila Sanz and thanked her for her dedication. She presented her with a plaque. Ruth K. Broad Bay Harbor K- 8 Center Teacher of the Year – Christine Bergman – Sponsored by Council Member Molly Diallo. Page 2 of 17 Council Member Diallo provided a biography of Christine Bergman and thanked her for her dedication. She presented her with a plaque. Mayor Salver recognized and welcomed Mayor Wolfson, who was present on behalf of the office of State Representative Fabian Basabe. He expressed appreciation for Mayor Wolfson taking the time to attend the meeting and provide a legislative update. He stated that it is valuable for the Town to maintain communication and collaboration with state representatives and their offices, particularly regarding matters that may affect residents, the community, and local government operations. Mayor Wolfson addressed the Town Council on behalf of the office of State Representative Fabian Basabe and provided a legislative update regarding initiatives impacting Bay Harbor Islands and District 106. He discussed the Representative’s legislative priorities, including affordability, public safety, infrastructure resiliency, healthcare, education, environmental protection, flood mitigation, transportation, and responsible growth management. He stated that Representative Basabe continues advocating for infrastructure accountability and resiliency measures for coastal communities, including potential revisions to portions of the Live Local framework related to growth and development. He further advised that the Legislature is continuing efforts related to tax relief and insurance reform and noted Representative Basabe’s work as Vice Chair of the Human Services Subcommittee focusing on healthcare oversight, mental health, elder care, disability services, homelessness, and accountability within taxpayer-funded programs. He spoke regarding legislation supporting Florida’s economy, tourism, arts, and entertainment industries, including the creation of the Florida Film Legacy specialty license plate. He also conveyed Representative Basabe’s appreciation for the Town Council’s partnership with his office and advised that the Representative continues advocating in Tallahassee for Bay Harbor Islands police, water infrastructure, and other community priorities. Fatima Balderramos, Principle for Ruth K Broad Bay Harbor K-8 Center addressed the Town Council and thanked the Mayor and Council for recognizing the school’s teachers. She stated that the honored teachers are both Bay Harbor Islands residents and commended them for going above and beyond in service to the students and school community. She further stated that the teachers demonstrate selflessness and dedication to the school’s “Bobcat” community and expressed appreciation for their continued hard work and commitment. 3. Town Employees of the Month: • January 2026 – Evelyn Merizalde, Compliance Manager • February 2026 – Kenny Chaviano, Assistant Public Works Director • March 2026 – Jonathan Stephenson, Executive Assistant to the Town Manager • April 2026 - Town Manager Noel read the title of the item into the record. Town Manager Noel recognized several longstanding Town employees selected as Employees of the Month and stated that the honorees exemplify professionalism, dedication, and commitment to public service within the Town of Bay Harbor Islands. He Page 3 of 17 announced that the General Employee of the Month for January was Evelyn Merizalde, Code Compliance Manager, and invited her to come forward for recognition. He stated that Ms. Merizalde has served the Town for approximately 19 years and has advanced through multiple positions within the Code Compliance Division, including Administrative Assistant to the Code Compliance Director, Code Compliance Officer, Code Compliance Supervisor, and currently Code Compliance Manager. He commended Ms. Merizalde for her professionalism, leadership, institutional knowledge, and dedication to the Town and its residents. It was noted that her responsibilities include managing the Town’s Code Compliance Division and that she previously also served as a Parking Enforcement Officer. He further advised that during the 2025–2026 period, the Code Compliance Division handled approximately 2,095 violation files and recorded approximately $414,000 in fines, reflecting the scope and importance of the division’s enforcement responsibilities. Town Manager Noel recognized Kenny Chaviano, Assistant Public Works Director, as the Employee of the Month for February and noted that he was unable to attend the meeting. He expressed appreciation for Mr. Chaviano’s service and contributions to the Town. Town Manager Noel then announced that the Employee of the Month for March was Jonathan Stephenson, Executive Assistant to the Town Manager. It was noted that Mr. Stephenson joined the Town of Bay Harbor Islands in August 2025 and quickly made a positive impact within the Office of the Town Manager. He stated that Mr. Stephenson supports the daily administrative and operational activities of the Town Manager’s Office and regularly assists the Town Manager, department heads, Town Council, Town employees, and residents. He further noted that Mr. Stephenson has demonstrated a proactive and innovative approach to his work by helping improve internal processes, organization, and information management systems within the Town administration. He commented that much of Mr. Stephenson’s work occurs behind the scenes but directly contributes to the effectiveness and success of the Town Manager’s Office and the Town as a whole. He thanked Mr. Stephenson for his hard work, dedication, and support to both the Town Manager’s Office and the Town Council, and congratulated him on being recognized as Employee of the Month for March. Town Manager Noel recognized Willian Hernandez, Electrician, as the Employee of the Month for April. He noted that Mr. Hernandez was unable to attend the meeting but expressed appreciation for his service and contributions to the Town and recognized him for being selected as Employee of the Month for April. Requests for Withdrawals, Deferments and Future Agenda Items: There were no requests for withdrawals, deferments or future agenda items. Town Manager’s Report: The Town Manager Noel provided his Town Manager’s Report to the Town Council regarding community events, operational updates, capital projects, procurement matters, emergency preparedness, and ongoing Town initiatives. He highlighted several recent and upcoming community events, including attendance at the Farmers Market and Jazz Concert, the Seniors Mother’s Day Brunch, Movie Night in the Park, upcoming Farmers Market and concert events, a senior trip to the Actors’ Playhouse, and the scheduled mobile DMV services at the Community Center. He also announced a planned employee kickball game and advised that the Parks and Page 4 of 17 Recreation Department is preparing a proposed Fourth of July program recognizing the 250th anniversary of American independence, which may require future Council budget consideration. The Town Manager Noel reported that the Town has entered the Fiscal Year 2026–2027 budget preparation process, with departments submitting budget materials and meetings being scheduled with Finance and the Town Manager’s Office to review departmental requests before presentation to the Town Council during future workshops and hearings. He provided updates regarding procurement matters, including Requests for Professional Services for health insurance broker services and professional legal services for Town Attorney representation. He recommended that the Town Council discuss the Town Attorney selection process at a future Council meeting before moving forward with final selection later in the summer. He advised that the Town continues coordinating with Miami-Dade County regarding the Comprehensive Plan review process and stated that preliminary feedback from the County has been generally positive, although the review timeline has been delayed due to staffing issues. He provided an update regarding the capital project regarding the new Town Hall, including receipt of final fire inspection approval and anticipated relocation during the week of May 18, 2026, with a tentative ribbon- cutting ceremony planned for the week of June 8, 2026. He provided additional updates regarding the Gateway Park kayak dock improvements, interior park improvements, and ongoing discussions concerning the future naming of the park. Town Manager Noel also discussed proposed beautification and sidewalk improvement efforts within the Kane Concourse business district and advised that additional quotes and design reviews are currently underway before recommendations are brought forward to the Town Council. He provided updates regarding park safety improvements at Tot Lot Park, fabrication and installation progress for new park equipment, and emergency preparedness efforts in anticipation of hurricane season, including a planned emergency management tabletop exercise and community outreach efforts related to hurricane preparedness. Lastly, he addressed a recent incident near the sandbar involving multiple injuries caused by an explosion and stated that the Town would continue proactive enforcement, public safety patrols, and legislative efforts relating to quality-of-life and public safety concerns. He acknowledged the efforts of members of the Town Council and the Town Attorney in working collaboratively with the administration on proposed legislation addressing those issues. Council Reports: Council Member Rappaport expressed concerns regarding another resignation from the Parks and Recreation Committee and emphasized the importance of resident participation on Town committees and attendance at Town Council meetings to help keep residents informed on Town matters. He thanked the Police Department for issuing social media communication regarding a recent incident on West Bay Harbor Drive and discussed concerns relating to staging, parking, and motorized scooter safety within the Town. He referred to a recent incident involving a child operating a motorized scooter who was nearly struck by a vehicle and stated that the Town may need to consider additional enforcement or legislation relating to scooter safety in the future. He also referenced attendance at several recent community events, including the mayoral inauguration in Surfside and a local carnival event, and briefly commented on the upcoming move into the new Town Hall facility. Council Member Diallo recognized educators at Ruth K. Broad Bay Harbor K-8 Center during Teacher Appreciation Week and expressed appreciation to Town staff for supporting and recognizing the school’s teachers. She noted that the recognition was well received and reflected Page 5 of 17 the Town’s support for the educational community. She provided additional appreciation for the Town’s law enforcement personnel in recognition of Law Enforcement Appreciation Day, with comments acknowledging the Police Department’s increased visibility and continued efforts throughout the community. She spoke regarding her concerns about motorized scooter safety and recognized the Police Department’s ongoing enforcement presence. She provided her comments regarding attendance at a recent Children’s Trust luncheon and appreciation was expressed to Town staff for providing programming and services to the community. She also provided positive remarks regarding recent student testing performance, the upcoming move into the new Town Hall facility, and recognition of the Town’s Employees of the Month. Vice Mayor Bruder spoke regarding the Town’s band and concert events, with a suggestion that future events be scheduled on Saturday evenings rather than Sunday nights in order to improve attendance and better accommodate families with school-aged children. She noted that several parents expressed concerns regarding Sunday evening scheduling because of school and bedtime routines. She also included appreciation to Parks and Recreation staff for organizing the recent Mother’s Day luncheon for senior residents, which was described as well attended and positively received. She spoke regarding a transition involving senior programming and a revised pricing structure for classes, including discounted class packages and unlimited class options for seniors. She stated that the classes are currently full. She further referenced prior Fourth of July events coordinated jointly with neighboring municipalities, including Bal Harbour and Surfside, and suggested potential future collaboration opportunities for Independence Day programming between the Towns of Bay Harbor Islands, Bal Harbour, and Surfside for future Fourth of July programming and community events. She stated that the municipalities have worked together on similar events in the past and that increased regional cooperation could strengthen community engagement and participation. Vice Mayor Bruder also spoke regarding hurricane preparedness efforts and the importance of providing residents with preparedness information prior to hurricane season. She suggested for the Town to distribute hurricane preparedness posters and flyers throughout residential buildings, with assistance from the Police Department, in light of forecasts and concerns regarding the upcoming hurricane season. Additional comments were directed to the Finance Department regarding the upcoming budget process. She requested for the Town Council receive updated financial information comparing current expenditures to adopted budget amounts, as well as information regarding potential rollover funds and anticipated financial impacts, including insurance-related costs. She indicated that receiving the information prior to the start of budget discussions would assist the Town Council in reviewing financial conditions and preparing for the Fiscal Year budget process. Council Member Fuller spoke regarding the upcoming budget process and future legislative funding opportunities. He suggested that Town staff provide the Town Council with information regarding projects that may be eligible for state and federal appropriations so that legislative funding requests can be prepared in advance for consideration in Tallahassee and Washington, D.C. He noted that early coordination would assist the Town Council in identifying priorities and incorporating potential funding opportunities into the budget planning process. He recognized the success of the recent seniors’ Mother’s Day event and expressed appreciation to staff for organizing the program. He also addressed ongoing bridge renovation work within the area and acknowledged resident concerns regarding increased traffic congestion and lane merging issues associated with the project. He stated that the work is necessary for public safety purposes and related to the condition of the bridge infrastructure and future replacement efforts. He encouraged Page 6 of 17 residents to remain patient, plan for additional travel time, and exercise caution while the construction work continues. Council Member Yaffe congratulated the Town’s Employees of the Month and recognized the efforts of all Town employees, police officers, and staff for their service to the community. He also referenced attendance at a Law Day event held at the North Dade Justice Center. He noted that the annual event, established many years ago in coordination with members of the judiciary, recognizes the rule of law and includes a student essay contest. Discussion at the event included recognition of several judges and legal professionals in attendance, as well as remarks by a United States Magistrate Judge regarding her professional experiences and career in public service. He further noted the importance of the local courthouse and the services it provides to residents. He recognized the success of the recent seniors’ Mother’s Day luncheon and thanked staff involved in organizing the event. He spoke regarding an upcoming meeting of the Miami- Dade County Board of Rules and Appeals and briefly discussed the Board’s role in handling appeals related to building matters and recertification processes within the County. He expressed support for future collaboration among the municipalities of Bay Harbor Islands, Bal Harbour, and Surfside regarding future Fourth of July events and noted plans to attend the upcoming installation dinner for the Miami-Dade County League of Cities in the City of Coral Gables. Council Member Shagalov spoke regarding the recent seniors’ Mother’s Day brunch, which was described as well-organized and well attended, with attendees enjoying the event and social atmosphere. He expressed appreciation to Town staff for coordinating the program. He also thanked the Town Manager and staff for promptly addressing a safety concern previously raised regarding equipment at Tot Lot Park. He noted that corrective action was taken immediately after concerns were raised involving a toddler being able to place their head through an opening in the playground fence equipment. He indicated that parents expressed appreciation for the Town’s quick response to the matter. He spoke regarding participation in orientation activities for newly elected officials, including a tour of the new Town Hall facility and registration for an upcoming orientation program hosted by the Florida League of Cities for newly elected municipal councilmembers. He expressed interest in learning more about municipal governance and networking with elected officials from other South Florida municipalities. Mayor Salver spoke regarding attendance at several recent Town and regional events, including the Town concert event, the seniors’ Mother’s Day brunch, and the Children’s Trust banquet. He noted that the Children’s Trust event recognized numerous youth programs and organizations and described the event as uplifting and well attended. He also discussed attendance at a conference in Savannah hosted by the Combat Antisemitism Movement in recognition of Jewish American Heritage Month. He stated that approximately 50 mayors from multiple states attended the event to participate in workshops and discussions relating to antisemitism, racism, prejudice, and public education efforts. He described the conference as educational and emphasized that the event was privately funded and did not result in costs to the Town. He spoke regarding his attendance at a meeting of the Children's Trust Finance and Operations Committee. He stated that at that meeting discussion included budgetary and millage rate matters, with comments regarding the importance of ensuring available funds are utilized for programs and services benefiting children and families within the community. He further reported on a recent meeting of the coastal mayors following the municipal election in Surfside. He stated that significant discussion focused on regional traffic concerns and sandbar-related issues and noted that neighboring municipalities expressed a willingness to collaborate with one another, Miami-Dade County, and the Florida Department of Transportation on traffic mitigation efforts affecting the area. He spoke regarding a recent meeting of the Town’s Pension Board had been held and Page 7 of 17 discussion included ongoing efforts relating to the administration of the pension system, legal representation, and ensuring continued support and benefits for Town employees participating in the pension trust. Council Member Rappaport wanted to also add that there were concerns raised by residents attempting to obtain library cards through the Miami-Dade Public Library System online registration system. He stated that residents using the Town’s zip code experienced difficulties obtaining library cards online because certain municipalities, including Surfside, Bal Harbour, and Miami Shores, are not listed as participants within the online registration process. He stated that the matter had been brought to the attention of the Town Manager for further review and possible coordination with the library system in an effort to improve access for Town residents. Town Manager Noel advised the Town Council that Florida Senate Bill 382 is scheduled to take effect on July 1, 2027, and will require licensing for certain classifications of electric bicycles. He stated that the legislation may assist in addressing some of the safety concerns related to e-bikes and scooters discussed by the Town Council. He further advised that, if desired, the Town Council could consider adopting local regulations or ordinances addressing similar safety measures prior to the state legislation taking effect. Mayor Salver commented regarding ongoing concerns involving e-bike riders traveling on and near the bridge construction area. He referenced the available bridge tender camera footage allegedly showing individuals operating e-bikes within the maintenance of traffic barricade area during active traffic conditions. He further stated that the individuals appeared to be riding in an unauthorized area between traffic lanes and referenced prior concerns involving individuals allegedly performing unsafe maneuvers, including wheelies, while traveling into Town. He suggested that the available footage may assist in identifying the individuals involved for possible enforcement purposes. Public Comments: Speakers are allowed three (3) minutes and up to no more than five (5) minutes at the discretion of the presiding officer to speak on any items on the agenda only during the Public Comment portion of the meeting. Speakers may apportion their time during Public Comment to various agenda items however they wish. Any person who wishes to speak during a public hearing may be heard for no more than two (2) minutes during each public hearing or ordinance on second reading. 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 five (5) minutes, please arrange a meeting with the Town Manager or appropriate administrative official. A request form is available from staff or on the Town's website; please fill it in and return it to the Deputy Town Clerk no later than the conclusion of "Public Comment" section of the meeting, if you would like to address the Town Council. Please come forward to the podium, give your name and address, and the name and address of the organization you are representing if any The following individuals from the public spoke: Ken Eskin expressed concerns regarding landscaping debris being blown into the roadway along Kane Concourse rather than properly collected and requested additional attention to cleanliness and storm drain protection. He also raised safety concerns regarding scooters and e-bikes operating at high speeds along the bridge walkway area without helmets and requested increased police enforcement due to the potential risk to Page 8 of 17 pedestrians and motorists. He also spoke regarding low public attendance at Town meetings, with the resident suggesting the Town expand communication efforts through social media and additional outreach methods to better inform residents of upcoming meetings and Town activities. Fran Neuhut expressed concerns regarding the Town’s relationship with Church By The Sea, use of parking facilities, Town finances, and overall community planning. She also raised concerns regarding youth programming, park accessibility, prior interlocal agreements, and the Town’s comprehensive plan, and questioned certain administrative and recordkeeping matters. Menachen Kranz addressed the Town Council and commended another resident for their continued involvement and participation in Town matters. He also expressed appreciation for the recently installed traffic control gates near the bridge area, stating that the improvements have significantly reduced illegal vehicle turns occurring off the bridge and into the neighborhood. He stated that, for the first time in approximately five years, vehicles and construction workers were no longer regularly making dangerous illegal turns in the area, which had previously created safety concerns for motorists, pedestrians, children, and scooter riders. He thanked the Town Council, Town Manager, and staff involved in implementing the improvements and suggested that additional aesthetic enhancements, such as landscaping or planters, could further improve the area surrounding the gate installation. Dave Sanchez expressed concerns regarding low civic engagement and the inability of several Town committees to consistently achieve quorum. He also raised concerns regarding communication and accessibility of Town agendas and meetings, including issues with agenda notifications, website usability, and mobile access. He suggested for the Town to improve outreach through social media, improved technology, and more accessible communication methods in order to increase resident awareness and participation in Town meetings and activities. Jacob Fishman addressed the Town Council regarding concerns about civic engagement and resident participation in local government. He discussed the importance of maintaining local control over municipal matters and suggested that the Town consider holding informal or community-focused public meetings in parks or other public locations to encourage greater resident participation and awareness of Town operations and governance. He also reiterated concerns regarding unsafe e-bike and scooter activity near the bridge construction area, stating that multiple riders were observed traveling through restricted traffic control areas between barricades and cones. He also inquired about the status of a proposed update to the Town’s logo and branding efforts. Committee Reports: No Committee Reports. Consent Agenda: Page 9 of 17 A motion was made by Council Member Fuller seconded by Vice Mayor Bruder to approve the consent agenda. The motion carried with a 7-0 vote. 4. April 10, 2024 Organizational Town Council Meeting Minutes April 10, 2024 Regular Town Council Meeting Minutes January 14, 2026 Regular Town Council Meeting Minutes March 12, 2026 Regular Town Council Meeting Minutes April 13, 2026 Special Town Council Meeting Minutes April 22, 2026 Organizational Town Council Meeting Minutes April 22, 2026 Regular Town Council Meeting Minutes Approved on consent. 5. Authorization to Transfer Residual Funds and Close the Sewer Debt Service Bank Account. A RESOLUTION OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, AUTHORIZING THE TRANSFER OF RESIDUAL FUNDS FROM THE SEWER DEBT SERVICE BANK ACCOUNT TO THE SEWER FUND; AUTHORIZING THE CLOSURE OF THE SEWER DEBT SERVICE BANK ACCOUNT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Approved on consent. 6. Authorization to Close the Service Station Deposit Bank Account. A RESOLUTION OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, AUTHORIZING THE CLOSURE OF THE SERVICE STATION DEPOSIT BANK ACCOUNT; PROVIDING FOR IMPLEMENTATION AND PROVIDING FOR AN EFFECTIVE DATE. Approved on consent. 7. Consideration and Approval FY 2025-2026 Budget Amendment. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, AMENDING THE 2025/2026 FISCAL YEAR BUDGET IN ACCORDANCE WITH THE ATTACHED EXHIBIT “A”; AUTHORIZING APPROPRIATIONS AND EXPENDITURES IN ACCORDANCE WITH THE 2025/2026 FISCAL YEAR BUDGET AS AMENDED; PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE. Approved on consent. 8. Approval of a proposal from BCC Engineering LLC in the amount of $553,399 to complete design, permitting, bid support, and Construction Engineering Inspection (CEI) Services for Rehabilitation of the West Relief (Bridge #875105). Page 10 of 17 A RESOLUTION OF THE TOWN OF BAY HARBOR ISLANDS FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BCC ENGINEERING, LLC IN THE AMOUNT OF $553,399 FOR DESIGN, PERMITTING, BID SUPPORT, AND CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES RELATED TO THE REHABILITATION OF THE WEST RELIEF BRIDGE (BRIDGE NO. 875105); APPROVING A BUDGET AMENDMENT; AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT AND TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Approved on consent. 9. Recognizing May as Jewish American Heritage Month (JAHM). Sponsored by Mayor Isaac Salver. A RESOLUTION OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, RECOGNIZING THE MONTH OF MAY 2026 AS JEWISH AMERICAN HERITAGE MONTH; HONORING THE CONTRIBUTIONS OF JEWISH AMERICANS TO THE HISTORY, CULTURE, AND CIVIC LIFE OF THE UNITED STATES AND THE TOWN OF BAY HARBOR ISLANDS; AND PROVIDING FOR AN EFFECTIVE DATE. Approved on consent. 10. Consideration and Approval of the 2026-2027 Budget Preparation Calendar. Approved on consent. Public Hearing-Quasi Judicial: 11. PUD Overlay Rezoning Application – Bijou Bay Harbor Condominium Association, Inc., 9521 East Bay Harbor Drive, Lots 3 and 4, Block 1 - Town Manager. AN ORDINANCE OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA GRANTING APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON CERTAIN DESCRIBED PROPERTY LOCATED AT 9521 EAST BAY HARBOR DRIVE; DETERMINING THAT THE PUD APPLICATION COMPLIES WITH THE PURPOSE AND INTENT OF THE PUD ORDINANCE; MAKING FINDINGS REGARDING THE APPROVAL OF THE PUD APPLICATION; DIRECTING THE TOWN MANAGER TO MAKE THE APPROPRIATE NOTATION ON THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE Town Manager Noel read the title of the item into the record. Page 11 of 17 Town Clerk Herbello read the title of the ordinance into the record. Mayor Salver opened the floor to public comment; The following individual from the public spoke: Fran Neuhut expressed concerns regarding redevelopment projects, zoning, and planning decisions affecting gateway properties and mixed-use development within the Town. She referenced prior efforts relating to planned unit development overlays and stated concerns regarding increased density, underground parking structures, sidewalk reductions, and impacts associated with Live Local-related projects. She further expressed concerns regarding infrastructure, traffic, pedestrian safety near the bridge area, and the condition of nearby seawall structures. She made comments comparing gateway and public space planning in neighboring municipalities, including Surfside and Bal Harbour, and concerns were raised regarding preserving the character and planning vision of the Town. Mayor Salver closed the floor to public comment. Mayor Salver stated that this is a matter involving insurance coverage and stated that approximately 41 individuals were seeking the ability to obtain insurance. He expressed confidence in the proposal or action being presented. There was no other discussion by Council. A motion was made by Vice Mayor Bruder to approve the ordinance on second reading, seconded by Council Member Yaffe. The motion carried with a 7-0 vote. Ordinance on Second Reading: 12. Consideration and approval of an ordinance on second reading to strengthen enforcement against businesses operating in violation of Town Code. Sponsored by Council Member Yaffe AN ORDINANCE OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES TO CREATE ADDITIONAL ENFORCEMENT AUTHORITY RELATED TO BUSINESS TAX RECEIPTS AND AUTHORIZED USES; PROVIDING FOR REVOCATION AND SUSPENSION OF BUSINESS TAX RECEIPTS FOR USES INCONSISTENT WITH APPROVED OR REPRESENTED USE; AUTHORIZING THE ISSUANCE OF STOP WORK ORDERS AND THE WITHHOLDING OR REVOCATION OF CERTIFICATES OF OCCUPANCY AND TEMPORARY CERTIFICATES OF OCCUPANCY; PROHIBITING MATERIAL MISREPRESENTATIONS IN CONNECTION WITH LAND USE APPROVALS AND BUSINESS TAX RECEIPTS; PROVIDING FOR PROCEDURES, APPEALS, AND PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Page 12 of 17 Town Manager Noel read the title of the item into the record. Town Clerk Herbello read the title of the ordinance into the record. Mayor Salver opened the floor to public comment. The following individual from the public spoke: Fran Neuhut addressed the Town Council regarding concerns involving Church By The Sea, business tax receipts, and permitted uses within the Town’s business district. She expressed concerns regarding the approval of nonconforming or mixed-use activities within commercial areas and alleged that certain uses were inconsistent with prior agreements and zoning expectations for the district. She raised concerns regarding the number of vacant storefronts and medical office uses within the business district, stating that the Town should prioritize preserving and promoting active commercial uses within the area. She further expressed dissatisfaction with prior zoning and land use decisions and their perceived impact on the character and appearance of the Town’s business district. Mayor Salver closed the floor to public comment. There was no discussion by Council. A motion was made by Council Member Yaffe to approve the ordinance on second reading, seconded by Vice Mayor Bruder. The motion carried with a 7-0 vote. 13. An ordinance on second reading amending the Town's Code of Ordinances by creating Article III of Chapter 2, to be designated as Sections 2-30 through 2-34 and to establish general waiver provisions for the land development code. Sponsored by Council Member Joshua Fuller and Vice Mayor Stephanie Bruder. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES BY CREATING ARTICLE III OF CHAPTER 2, TO BE DESIGNATED AS SECTIONS 2-30 THROUGH 2-36, TO ESTABLISH GENERAL WAIVER PROVISIONS FOR THE LAND DEVELOPMENT CODE; AUTHORIZING THE TOWN MANAGER TO GRANT A MINOR NUMERICAL WAIVER OF NO MORE THAN FIVE (5) PERCENTAGE POINTS OF THE REQUIREMENT SET FORTH IN SECTION 23-11 OF THE LAND DEVELOPMENT CODE FOR SINGLE-FAMILY, MULTI-FAMILY, AND COMMERCIAL PROPERTIES; PROVIDING FOR ADDITIONAL CONDITIONS FOR MULTI-FAMILY AND COMMERCIAL APPLICATIONS INCLUDING BUILDING OFFICIAL SIGN-OFF AND THIRD-PARTY CERTIFICATION; PROVIDING THAT DISAPPROVAL REQUIRES A VARIANCE PURSUANT TO SECTION 2-16; ESTABLISHING A NON-REFUNDABLE APPLICATION FEE; PROVIDING FOR EXCLUSIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; Page 13 of 17 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Town Manager Noel read the title of the item into the record. Town Clerk Herbello read the title of the ordinance into the record. Council Member Fuller introduced the item and spoke regarding an amendment to an ordinance relating to waiver requests and development applications. He explained that the ordinance was originally intended to apply to single-family, multifamily, and commercial properties; however, due to comments from the Building Official and the item being on second reading, the proposed amendment would remove the multifamily and commercial provisions and limit the ordinance to single-family properties only, with the intention of bringing back multifamily and commercial provisions at a future meeting following additional review. He stated that this amendment also clarified that waiver requests could not be submitted for projects previously denied by the Town Council. Building Official Garcia addressed the Town Council regarding the proposed ordinance and explained that the original purpose of including the Building Official in the approval process was to ensure life safety and compliance with applicable construction requirements. However, it was clarified that, under applicable statutory authority, the Building Official is not authorized to approve matters relating to municipal zoning, which instead fall under the authority of the Town Manager and zoning department. He stated that the proposed revisions were intended to remove the Building Official from approval responsibilities relating to zoning or municipal review matters while maintaining oversight responsibilities relating to building and life safety compliance. Vice Mayor Bruder stated that the Florida Building Code supersedes our code regardless. Building Official Garcia stated yes, it does and it cannot be changed by anyone. He stated that life safety is done through inspections and during the Temporary Certificate of Occupancy (TCO) and Certificate of Occupancy (CO) process. Vice Mayor Bruder asked the Town Attorney regarding whether removing language from the ordinance on second reading, without adding new substantive provisions, would constitute a material change requiring additional readings or otherwise affect the second reading process for the ordinance. Interim Town Attorney Cruz-Gimenez responded that the issue was whether the proposed revision constituted a substantial amendment to the ordinance. She explained that, generally, removing language rather than adding or expanding provisions would not typically be considered a substantial change requiring the ordinance to return to first reading. She further stated that the appropriate analysis was whether the ordinance, after removal of the multifamily provisions, would materially differ from the version previously approved on first reading. She explained that the proposed amendment merely removed the multifamily component rather than expanding the ordinance, and that if multifamily provisions were being newly added instead, the ordinance would likely need to return for first reading. She stated that removing the referenced language was acceptable because the Building Official’s role was limited to certifying that any requested waiver would not violate the Florida Building Code or create unsafe conditions. She stated that the Page 14 of 17 discussion focused on clarifying the scope of the Building Official’s review authority within the ordinance language. Council Member Fuller spoke regarding the proposed ordinance language involving the role of the Town Planner and Building Official in the waiver review process. He spoke regarding whether adding language requiring comments or review from the Town Planner would create additional procedural or legal issues within the ordinance. He also stated that the ordinance language and review structure had become overly complicated and difficult to follow. He stated the amendments into the record of removing multi-family and commercial properties from the ordinance title and whereas clauses. Building Official Garcia commented regarding the proposed ordinance amendment and the role of the Town Planner in providing recommendations for discretionary waiver approvals by the Town Manager. He explained that adding language relating to multifamily properties would require additional insertions into the ordinance while on second reading. He stated that to avoid procedural complications and keep the ordinance streamlined, he recommended that the multifamily provisions be removed at this time and that the ordinance proceed applying only to single-family properties. Mayor Salver expressed opposition to the ordinance in its broader form but support for limiting the ordinance to single-family properties only. He raised concerns regarding granting discretionary authority to administrative staff on matters traditionally governed through the Town’s zoning code and legislative review process. He emphasized that any provisions affecting multifamily properties should remain subject to Town Council review because of the broader impacts on residents, traffic, infrastructure, water, sewer, and overall community planning. He further stated that while alternative procedures for multifamily developments could potentially be considered in the future, he supported proceeding only with the single-family provisions at this time. A motion was made by Council Member Fuller to approve the amendments to only including single family residence and removing multi-family and commercial properties from the ordinance title and body, seconded by Council Member Rappaport. The motion carried with a 6-1 vote with Vice Mayor Bruder voting in opposition to the amendment. Council Member Fuller spoke regarding the proposed ordinance amendment, with comments made supporting implementation of the ordinance on a limited basis for single- family properties only as a trial approach. He stated that any future consideration of multifamily or commercial provisions should return through a separate amendment and first reading process. Mayor Salver opened the floor to public comments. The following individuals from the public spoke. Fran Neuhut expressed concerns regarding the proposed ordinance and residential development within the Town. She stated that the ordinance appeared to combine multiple zoning concepts and raised concerns regarding the size of new residential homes and the level of regulatory oversight being applied. She further suggested that residential projects Page 15 of 17 should continue to undergo review through the Development Review Committee and expressed concerns regarding the impact of setback waivers and dimensional deviations on neighboring properties. Town Planner Belle stated that the ordinance would allow requests for up to a five-percent deviation and that, for example, a required ten-foot side setback for a single-family property could only be reduced by less than one foot under the proposed provision. Council Member Fuller spoke regarding the intent of the proposed waiver provision for single-family properties. He explained that the purpose of the ordinance was to address minor construction deviations or measurement discrepancies discovered during construction, such as small errors of one or two inches, where there was no intentional encroachment or violation. He stated that the provision was intended to avoid requiring unnecessary demolition or reconstruction for minor unintentional deviations and was not intended to allow substantial encroachments onto neighboring properties. Alex Rindner spoke in support of the proposed ordinance as it relates to single-family homes. He stated that the ordinance appeared to provide a common-sense solution for addressing minor construction variations or measurement discrepancies that may occur during construction of single-family residences. He further stated that the ordinance would help address minor issues without creating unnecessary hardship and expressed support for the ordinance in its limited application to single-family properties. Mayor Salver closed the floor to public comments. A motion was made by Council Member Fuller to approve the ordinance on second reading as amended, seconded by Council Member Rappaport. The motion carried with a 7-0 vote. Ordinance on First Reading: Deferred Items: Town Manager Items: Discussion Items: 14. Discussion and possible action regarding Committee attendance, quorum requirements, and potential disbandment and reconstitution of committee following consecutive meeting cancellations due to lack of quorum. Sponsored by Council Member Robert Yaffe. Town Manager Noel read the title of the item into the record. Council Member Yaffe introduced the item and spoke regarding ongoing quorum issues affecting the Parks and Recreation Committee. He noted that the May 12, 2026, Parks and Recreation Committee meeting had been canceled due to lack of quorum and that the committee had reportedly not met since November 2025, because quorum could not be achieved. He spoke regarding the current composition of the committee, prior resignations resulting in alternate members becoming regular members, and the Page 16 of 17 requirement that only three members be present to conduct business. He stated that committee members who wish to continue serving should make reasonable efforts to attend meetings and that the Town Council has the authority to remove members who repeatedly fail to attend. Vice Mayor Bruder spoke regarding the composition of the Parks and Recreation Committee and possible ways to improve participation and representation. She suggested that the committee membership should reflect a broader cross-section of the community, including seniors, parents, young adults, and residents representing different age groups and interests within the Town. Mayor Salver spoke regarding resident participation and communication within the Town. He stated that ongoing committee quorum issues reflected broader communication challenges and that the Town should evaluate additional methods of outreach and public engagement beyond the printed Town newsletter. He suggested that alternative communication methods may help improve awareness of meetings, committees, and Town activities among residents. Council Member Yaffe spoke regarding committee attendance and quorum issues. He stated that committee members are formally appointed by the Town Council, are aware of the annual meeting schedule, and receive meeting reminders from Town staff. He stated that the issue appeared to be less related to communication and more related to committee members failing to consistently attend meetings and fulfill their responsibilities once appointed. Mayor Salver stated that he addressed this issue with the Town Manager and spoke regarding potential ways to improve committee attendance and participation. He spoke regarding possible incentives for committee members, including parking privileges like those provided to Councilmembers, to encourage attendance and participation at committee meetings. Council Member Rappaport spoke regarding committee vacancies, civic engagement, and methods for improving resident participation on Town committees. He stated that committee vacancies should be advertised immediately when openings occur rather than waiting for multiple vacancies or annual appointments. He suggested regularly publishing vacancies in the Town newsletter and actively encouraging residents to participate in the committee process. He also emphasized that the purpose of Town committees is to promote civic engagement and provide residents with opportunities to participate in local decision-making on matters affecting the community, including parks, public projects, branding initiatives, and other Town issues. He referenced prior ordinance changes limiting committee membership to Town residents to strengthen local resident involvement. Town Clerk Herbello advised the Town Council that committee members regularly receive calendar invitations, agenda deadlines, meeting reminders, and requests for quorum confirmation prior to scheduled meetings. She stated that despite repeated communications and follow-up emails, responses are often not received from committee members, resulting in the inability to confirm quorum and requiring cancellation of meetings. Page 17 of 17 Direction was requested for the Town Clerk to contact the current committee members regarding attendance at the next scheduled meeting and advise that failure to attend could result in removal from the committee. Adjournment: There being no further business to discuss before the council, a motion was made by Vice Mayor Bruder to adjourn the meeting at 8:46 p.m. Accepted this ______ day of ____________________, 2026. ___________________________ Isaac Salver Mayor ATTEST Evelyn Herbello, MMC Town Clerk