<p style='margin:0in;font-size:16px;font-family:"Aptos",sans-serif;' data-pasted="true"><span style="font-family: Arial; font-size: 14px;">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.</span></p>

ORDINANCE NO. 1105 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, AMENDING THE TOWN'’S CODE OF ORDINANCES RELATED TO THE REGULATION OF THE PARKS AND RECREATION COMMITTEE; AMENDING CHAPTER 15, ARTICLE |, RETITLING FROM RESERVED TO SECTION 15-2 “THE PARKS AND RECREATION COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Bay Harbor Islands is responsible for the public health, safety, and welfare of the citizens of the Town of Bay Harbor Islands and those coming to the Town; and WHEREAS, the Town of Bay Harbor Islands originally adopted a Resolution for the Parks and Recreation Committee on August 14, 2017, in order to deal with issues relating to the planning and developing of parks and to plan for the provision of certain education, recreation, leisure and cultural development for the citizens of the Town of Bay Harbor Islands, the Town Council should create a committee to advise them on such matter; and WHEREAS,

NOW, THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA: Section 1: The foregoing recitals are adopted and hereby incorporated as if fully set forth herein. Section 2: That Chapter 15 of the Town Code entitled Parks and Recreation is hereby retitled reserved to Section 15-2 “The Parks and Recreation Committee”, and by reference are made a part hereof. Section 3: That if any section, paragraph, sentence or word of this Ordinance or the application thereof to any person or circumstance is held invalid, that the invalidity shall not affect the other sections, paragraphs, sentences, words or application of this Ordinance. Section 4: That it is the intention of the Town Council of the Town of Bay Harbor Islands, and it is therefore ordained, that the provisions of the Ordinance shall become and be made a part of the Town of Bay Harbor Islands’ Code of Ordinances, that sections of this Ordinance may be re-numbered or re-lettered to accomplish such intentions, and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 5: That all Ordinances, parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6: That this Ordinance shall be in full force and take effect immediately upon its passage and adoption PASSED on First Reading this 14" day of August 2024. PASSED on Second Reading this 12" day of September 2024. JOSfiUA D. FULLER, MAYOR ONNER-HAMIYTONy CMC TOWN CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: JOSEPH S. GELLER, ESQ. EXHIBIT A ARTICLEI. - IN GENERAL Sec. 15-2. -ReservedThe Parks and Recreation Committee The Parks and Recreation Committee is charged with advising the Town Council upon issues involving the development and renovation of parks and recreational facilities that provide the Town of Bay Harbor Islands residents with opportunities for education, recreation, leisure and cultural development. The Committee will accomplish this mission through long-range planning and policy formation based upon monitoring public need and usage of park and recreational facilities for recommendation to the Town Council. a) Members. The membership of the Parks and Recreation Committee shall be five (5) members, and two (2) additional members may be appointed by the Town Council to serve as alternates. Alternates may attend Committee Meetings in order to establish a quorum and, thereafter, participate in the discussion and vote on the matters presented. Alternates shall not vote or participate in discussion.if a quorum is present without the alternate(s). 1. Allappointments shall be residents of the Town for a minimum of six (6) months or shall demonstrate an ownership interest for a minimum of six (6) nths in a business located in the Town for a minimum of six (6) months. b) Terms. Members and alternates of the Parks and Precreation Committee shall be appointed to serve two-year terms. To be considered for reappointment, all members and alternates must reapply at the end of their term. c) Appointments. All candidates are required to complete the Town's advisory board/committee application. Both new candidates and current members seeking reappointment must submit the necessary documentation. Along with the completed application and evidence of their residency. The members and alternates of the Parks and Recreations shall be appointed by resolution by the Town Council. Alldocuments must be emailed to the Town Clerk before the deadline. The Town Council shall appoint five (5) board members and two (2) alternate by the majority vote of the Council present at the meeting. In order for a candidate to be appointed to the Parks and Precreation Committee, the candidate must meet the membership requirement and must be approved by at least five (5) town council members. To actin an advisory capacity to the Town Council. d) Vacancies. The Town Clerk shall issue a public notice regarding any vacancies on the Parks and Precreation Committee. In the event that a Parks and Recreations Committee member resigns, fails to meet the residency requirement, is removed in f) g accordance with subsection (e), or is otherwise unable to fulfill their duties, the vacancy shall be filled by one (1) of the alternates to complete the remaining term. The Town Council shall appoint an alternate to serve as a member by a majority vote of the Council members present at the meeting, Removal of members. The Town Council, upon the vote of at least five (5) Council members, may remove any Parks and Precreation Committee member, with or without cause, at any time. Meetings. The Committee shall meet at least quarterly. The chairperson shall have the right to call meetings more often. The Town Clerk shall advise the Town Council if a Committee has not met at least once a quarter, at which time, the Town Council shall take a vote as to whether to dissolve the Committee. 1. During the organizational meeting of the Committee each year, the membership shall electac i member to serve as Chairperson. The Committee may also elect a Secretary and a Vice Chairperson to preside in the absence of the Chairperson. 2. Noitem may be discussed for longer than 45 minutes absent a successful without a motion to extend the time for discussion time, which shall be done only in increments not to exceed 15 minutes. 3. Meetings of the Parks and Recreations Committee shall conclude by 10:00 rovided that any ite ich h. n to be heard by before 10:00 p.m. shall be allowed to proceed until there is a board vote on the item (subject to the 45-minute limit established above). Any unfinished business shall be deferred to the next meeting. 4. There is a two (2) minute time limit for each speaker during public comments. Notice of Meetings. The Town Clerk shall be responsible for providing public notice of all Parks and Recreation Committee meetings. h) Quorum. The presence of a majority of the Committee members shall constitute a quorum. If a quorum is not present, the meeting shall not take place and no discussions, presentations, or exchange amongst Committee members shall occur. Attendance. Committee members who are absent three (3) or more times duringa twelve (12) month period shall be subject to removal by the Town Council. The Committee staff liaison shall notify the Town Clerk when a member is absent more than three (3) times in a twelve (12) month period. The Town Clerk shall notify the Town Council of such absence and the Council shall decide if replacement is necessary and a vacancy exists. Compensation. Committee members shall serve hout compensation and shall not be reimbursed for travel, mileage, or per diem expenses. taff Liaison. The Town Manager shall designate a staff member to serve as a liaison to the Committee. The liaison shall attend Committee meetings and provide staff support. k) Agenda. The staff liaison, in consultation with the chairperson, shall prepare an agenda for each Committee meeting. The agenda shall be submitted to the Town Clerk for posting as required by Resolution No. 1050 referenced above. ) Committee Reports. The Chairperson or his/her designee shall submit a written report to the Town Clerk, that shall set forth the Committee’s recommendations to the Town Council. The contents of the report shall be approved by the Committee prior to the submission to the Town Clerk and the Committee’s presentation of the report to the Town Council, through its representative, at a publicly held meeting. Rules of Procedures. The Committee may adopt its own order of business and rules of procedure governing its meetings, and adverse notinconsistent with the provisions set forth herein. Such rules and procedures shall be filed with the Town Clerk. The Committee shall comply with all requirements of Chapter 119 (Public Records) and 286 (Sunshine Law), of the Florida Statutes, together with the Town Code of Ordinances. 3