City Council - Regular Meeting

Good evening, ladies and gentlemen. The mayor has called the meeting to order. Mayor Roscoe.

Present.

Council Member Bracken.

Here.

Council Member Kaplan.

Here.

Council Member Lunden. Here. Vice Mayor Sardinias.

Here.

Council Member Stoner. Here. Council Member Bosquez.

Present.

Mr. Mayor, we do have a quorum. Please rise for the Pledge of Allegiance.

Stay standing for the invocation.

Reverend Willie Allen Feah, St. Christopher's by the Sea.

This is from the Episcopal Book of Common Prayer, slightly modified. Let us pray. Heavenly Father, in your word, you have given us a vision of that holy city to which the nations of the world bring their glory. Behold and visit, we pray, the cities of the earth and especially this village of Key Biscayne. renew the ties of mutual regard which form our civic life, send us honest and able leaders, enable us to eliminate poverty, prejudice, and oppression, that peace may prevail with righteousness and justice with order, and that men and women from different cultures with differing talents may find with one another the fulfillment of their humanity. In your holy name we pray, amen. Amen.

Thank you, Reverend.

Next item.

Be seated.

Special presentations. Special recognition of the Key Biscayne Boys Youth 16 Youth Soccer Team.

Todd and Marcella, you want to come forward?

Hi.

Where's number 10?

You're less than 16? Okay. Yeah, can you believe it? Good evening, everybody. Thank you. Thank you all for inviting us here tonight. I'm Marcelo Ricci. I'm president of the club. I'm here, and I'm honored to be here tonight with our team, our players, our U16 2010 Academy, last year's U15 2010 team. You know, this group has exemplified what team soccer is all about. They've been playing together since the age of U9, U10. These boys grew up on this key. They had a fabulous development. Many of these kids back then, if you looked at them, you'd question whether or not they'd ever make it to this point, but they did. They've been together. They've shown the commitment, the respect, the friendship, and the teamwork. to put really our club on the map this time than any other team ever has in the past. This team has won many awards along the way, so we're very proud of them. And I'm glad we could come back tonight to share and celebrate those accomplishments. I want to thank the coach who has coached, and I'm going blank, but it's going to come back to me in a minute. Abarca, Daniel Abarca, who had took over this team when they were in transition and has put together just a fabulous team. Over the course of this last year, which we're celebrating tonight because I don't know how many of you may know, but not only did they win their league championship, E64, our championship last year, they were league champions. They were also Southern region champions in the United States. They went to qualifiers in Arizona and qualified for nationals. They ended up going all the way to the final eight and they had a A bittersweet loss in the quarterfinals, that 2-1 loss, which would have put them in the Final Four. But I think it was a great experience for all of them. Some of them have moved on and have moved on to the MLS Academies. Many of them are here. What I'm proud is that this team has reloaded. And this year, at the start of this year, not only have they gotten even stronger, they're undefeated in the National Academy League. Right now in the current standings. They're going now at the end of the year at the end of this month. Excuse me, January They've been invited one of two teams this team the u16 and the u14s have been invited to participate in the National qualifying tournament again, so we wish them well because they win that group phase. They'll make it to nationals again and And it's just, they've exemplified exactly, but everything about team sports, soccer, and Key Biscayne. So again, thank you all. I think some of the boys wanted to say, make a couple, have a few words. So let's start.

So first of all, I really wanted to thank the coaches, the parents for making everything possible. Without their help, we wouldn't be where we are at all. And honestly, I feel like this team showed a lot of great, a lot of strength, a lot of friendship. And honestly, that's what makes a good team. We showed that we can compete in these big tournaments and that we're the best in the nation.

One thing I forgot to add is that I forgot to mention that at the end of this year, we were just notified last week that our team, through the GODSport national rankings, was voted the number one team in the nation. This particular team is ranked right now number one in the nation. And they'll be broadcasting live on Friday the trophy presentation up in Philadelphia, where we'll receive the award for being the top team in the U16

Hello. I just wanted to thank the coach, Marcelo, my parents, who made this possible. I'm just really proud of what we were able to accomplish, playing nationals, winning regionals, the league. And yeah, that was, we wouldn't have been able to do that without our parents and the coach. And yeah, without our hard work throughout the season. And yes, thank you.

Well, first, thank you for everything. Thank you for the coaches, the parents. I'm really happy that we won regionals last year with a lot of effort. We made it. I'm really happy also that we got to try in National League. Thank you.

As a community, we're proud of you guys. You represent this community very well. And keep on with your great successes. And we look forward to seeing you out there on the soccer field.

You can come up. Come on. This has been 64 hours.

Well, well done, well done.

Good luck, guys. Congratulations. Let's go to Ray Baker. Yeah. Lucho.

The next item, Mr. Mayor, is presentation of Key Biscayne Library updates given by Miami-Dade Public Library System Director Ray Baker.

Ray, that's a hard act to follow.

I tell you, congratulations. So good evening, everyone. Congratulations, Ray. Thank you so much. Thank you. Ray Baker, Director of the Miami-Dade Public Library System. Great to be here tonight. I would say this is probably the most important update I've given you all yet on the Key Biscayne Library and kind of a momentous one.

Is it important because you're leaving? Is that it?

Important because we're about to get underway. And I know we've all been working on this project now for several years. A lot of people on this commission, the city manager's office, the building and zoning team, Todd, Jeremy, Katie, and many other people throughout the community who have provided so much input. But we're ready to go. And just gonna show you a couple of, we've seen the renderings before. I don't wanna spend a lot of time in the renderings. I think everybody by now knows what we're building. But just a quick recap, 20,000 square foot, two-story library. It's going to be LEED Silver certified. We'll be doing lots of improvements to the landscape, flora. The entire site plan is going to be very lush, green. I think we're going to enjoy that. The pond improved as well. We're going to have the EV chargers. I believe we're also having the golf cart parking. And we've been working on the sea level rise modifications that we've discussed earlier on in the permitting process. So that's incorporated into this as well, as well as the solar panel array. And last month in December, we awarded the construction contract to Florida Construction and Engineering. They will be our contractor throughout the project. And given that they're going to be in this community, a very visible part of this community, for the next two years, I did ask their representatives to join us tonight. And if they could stand and wave. We have Johnny Dow, who's the president of FC&E. Francisco Falou, who's the vice president of operations. And Francisco Lopez, who will be the project manager. And they, of course, will be joined by Lisa Thompson, who is our capital programs director at the library, who has done so much to get this underway, as well as our interim director of libraries beginning this coming Monday, Lydia Lopez. So we're excited to get going. And I want to share some of the major milestones. First of all, this coming Saturday will be our last day of operations at the old Key Biscayne Library. So we will be closing to the public. And just to explain a little bit, we'll be transitioning over to the temporary Key Biscayne Library location at Key Colony Plaza. So right across the street, essentially, from the old library. It's not going to be a big space. It's going to be a small, roughly 1,000 square foot space. So it'll be a service point throughout the construction. But nothing like what you have now or what's coming. But it'll keep us in business for the next two years. So we're going to spend from Saturday the 17th transitioning over to the new location, setting up all the furniture, the books, the computers. And then we plan to open the temporary location on January 26 under the same hours that we currently operate at the existing library. The effective date of the notice to proceed to the contractor is also January 26. So you're going to begin to see them mobilizing on site. You're going to see a construction fence go up. They're going to be working closely with the village on pulling permits for their method of transportation plan. So those will be some of the early steps that start to become visible around the site. And then shortly, in about a month after that, after they get the permits for the water main relocation, that'll be the first big element of this project. And that'll take about 90 days. And then once we get past that 90-day period in April is when we plan to start the demolition of the old building and to start construction of the new building.

You were able to get a Wausau permit?

We were. Yeah, good. And our plan is sometime around when we're ready to demolish the building is to perhaps have some sort of a groundbreaking to say goodbye to the old library, which has served us so faithfully over these years. So that is the short look ahead of what you're going to see over the coming months. And once again, we'll be actively working with the manager and the building and permitting team along the way. And I believe that was all I was gonna share for now. It's gonna be about two years. Like I said, Florida Construction and Engineering is gonna be in your community for the next two years. So I wanted them to be here tonight so you know who's in charge over there. And I'm sure you all will be working very closely with them as well. And that's where we are.

I guess a shout out to Katie Petros and to Frank Kaplan who've been on this project for quite some time. Absolutely. Any questions from.

Thank you for a great effort and just one thing I mean it library is going to be beautiful, it is already beautiful I know it's going to be fantastic. Now I really it's up to us to really promote and ensure that the Community uses it and just. experiences it because I think it's a, you know, libraries are hard to come by these days. Good libraries.

We're really happy to be doing this improvement and we're gonna work closely with Katie, Todd, and everybody to make sure that we're aligning our programming, maybe maximizing pain points that you have in the community center that perhaps we can do at the library. We're working with the historical society as well on some of their artifacts for inside the library. So these are things that we'll start to work on more actively now that construction's gonna be underway.

And just one quick thing, I just hope that in the future, this is just more for the future, I hope that we use these venues also to promote, you know, music and arts. So we're talking briefly with Council Member Kaplan. Hopefully, this is also a place that people can experience that as well.

Absolutely. It's a community center in addition to being all kinds of other programming activities.

Great.

That's certainly an element of it.

Great to understand that as of next week, you will no longer be involved with the library. So probably this is the last time we're going to see you for a long, long time. And if so, all I'm going to do is thank you so much for everything done to make this reality. Thank you. Thank you, Ray.

Thank you. Thank you very much.

It's been a long haul.

We got there. Thank you.

For those of you who don't know, Ray Baker will be the new budget director at Miami-Dade County, taking care of a little budget of $10, $12 billion.

Bigger than the library, I think. Just a little bit. Chump change.

Best of luck in your new position, and thank you for all of your help.

Poor guy.

The next item, Mr. Mayor, is brief comments by council.

Are the advisory board, those are just received presentations, right? Did we get one of them?

We have. You want to finish the presentations? Disability board is here. All right.

I mean, we haven't had a chance to see the report, but...

Advisory Board annual report presentations, the Disability Advisory Board.

But if you guys want to make a short presentation, that would be great.

Yes, good evening. Thank you so much for having us here. My name is Chiara Bergonzi. I'm the chair of the Disability Advisory Board. I'm very grateful for all of you that you gave us this opportunity to be the ears and eyes of our community. We have... meeting every month, and more than once a month, and inviting more than 13 member of our community and different organizations here in Key Biscayne to give us their view on what inclusion is, so we can have a wide view of inclusion, or redefining inclusion in Key Biscayne, so everyone feels welcome. You wanna give them? So we have, yeah, the three goals. So we have the wheelchairs for the beach access that last year I think we didn't have there were many reaching out to us that they wanted to include it in the activities that they have at the beach, so now we have that. We have a new position also that is gonna help the village be more inclusive and be like, the ears of the community to see if someone needs any arrangement or accommodation in the community center so they all can participate of the same event that everyone wants. The other thing is that we also invited the Moya Foundation, it's an organization that promotes work, inclusive work, so they offer this program that is incredible for free to keep this game. So we have the contact and it's in the minutes and yeah, they gave us a brief review of what they already do in other communities. We also invited many different community members that have inclusive programs in soccer, tennis, volleyball, This community is incredible because they all wanna be included in the sense that they all wanna give service to people with disability. Elise?

So the only thing I'm gonna add is that we are hoping to do what the Sustainability Board just did where you get the boards together from the county and have a summit and a meeting of the minds and just talk about best practices and how to actually get something done through governmental processes, something that we're really sort of working on. So we're hoping to do that in March, and the commissioner has said that she will speak at the symposium, and we're just getting that together. So that'll be good. That'll be great.

That's great.

Excellent. And can I just add, as your liaison, that you're working with the administration, Steve, and Juan, too, Find a person to fill the position that the council approved.

So you've been spending a lot of time working Yes Okay, thank you so much.

Thank you so much for your report.

Thank you Mr. Mayor the parks and open space board will present at a later at a later date.

That's fine. So we'll go back to brief comments. I want to On a sad note, the passing of John Gilbert, who was our village manager, fire chief, started pretty much from the beginning. So he was a prime, prime person in helping us get our feet off the ground. both in the fire department and as a village, a very well-respected man in this community. And so our condolences to the family for his passing. Want to at the last meeting I missed. Talking about chalice what is who on December 10th. She turned 100 years old so and if you know chela she is just completely at the community center all the time on the second floor. playing Canasta all the time, so her mind is really sharp, and she's in good physical shape, so sending our regards to her and her family here. Since we last met, the Hurricanes have done real well, so a shout out to all the UM fans. Anything else from...

I just wanted to follow up that, because we've Over the past year, I've gotten some comments and complaints about the lights on Crandon Boulevard. And through Steve's persistence with the county, they have now determined that there are 28 lights that are going to be repaired or replaced. So it's fantastic. I'm very excited about it. And I just want everyone who's been walking Crandon Boulevard at night to know that we're getting some light that's on the way. So thank you for that, Steve.

I just want to I sent a note to Jocelyn to talk about the separating formally separating the ability to bid out the power and from the storm water project. So to get a formal resolution or at least the consensus of council that we're going to make a separate opportunity to bid both these projects separately.

So you want to add that to the agenda?

I want to add it to the agenda for discussion. To get out of the agenda for discussion, yes, please.

Okay. Brandon? Mine was more of a general statement during the, you know, basically just in relationship to the recent events in Venezuela. I know many of our residents and neighbors, you know, have close ties to Venezuela. And just like other countries as well that have suffered from very similar things, And over the past several years, many families have gone through very difficult times. And I think we need to understand that and sympathize with that. And many have found their ways to our community, looking for safety and a chance to rebuild their lives. And I just want to recognize their resiliency. And I'm glad they're part of our village. And I really hope a peaceful and stable future for Venezuela. And I just want to leave it at that.

Amen. And then myself, just piggybacking off the incredible endeavor by the U16 team, one of the things that occurred to me is all the gentlemen that went up there to say thanks, they led off by thanking their parents. In that, I want to also thank the parents for their incredible just promotion of their children to get involved, to volunteer in our sports program and get a big shout out to Parks and Recs for another incredible event. Just this last weekend, we had another opening day for both the baseball and softball league we had. close to 250 people attending. Admittedly, Todd's and mine probably favorite day of the year, but it just goes to show you how important it is that parents just get involved. It was a wonderful community event. Congratulations to the soccer team once again, and parents, just keep doing it. You have no idea what effect it has on these children to know that their parents are there watching them and rooting them on.

Who threw a strike? Oh, oh. Come on, come on.

And the mayor threw a strike. He did. He threw an incredible strike. Well done, Mayor. Really well done. And actually, he allowed me, he bestowed me the honor to have a simultaneous first pitch, so we represented baseball and softball equally.

Very nice.

Todd dropped the ball, though. Todd dropped the pitch.

It's the village, our village turns up well for the holidays. It's a really beautiful season. Amazing. You know, the public realm is beautiful, and people are out and activated, and it's really nice.

I got great compliments about the lighting. Everybody was really very, very happy with it.

Good segue to wish everybody a good and healthy new year. And I was thinking of John. it's hard to think of someone who could ever have an equivalent duration of service. He just did so many things for such a long period of time. And in addition to being a great colleague, he was a really great friend and really supported our work. We did good things together and made me very sad to learn of his passing.

You and Ed served with them?

I served with them. It was a pleasure. Gentleman, friend, pain in the ass. I was. And still are. And he'll be sorely missed. Unfortunately, shortly after he retired from here, moved out to Lake Tahoe. Then he started developing some problems, physical, mental problems, and deteriorated fairly quickly. And he wound up in a nursing home. passing away, really not knowing where he was at this point in time. So, you know, you hate to see somebody go, but unfortunately, his time has come, and he will be sorely missed, a lovely, good human being.

He was part of the contingent that went to work at 9-11, at the... Oh, yeah. At the... At the pile, yeah, at the pile there. So... All right.

Next item, Mr. Mayor, public comments.

Luis de la Cruz. How unusual.

Sorry, I got here a little late, but I went around town to make sure that all of your houses were not flooded.

Thank you very much.

And I can report that none of the houses of the council members up here are suffering from flooding today, even though it has been raining all day long.

I'm sorry, for the record, your address.

640 Allendale Road. Thank you. I apologize. So that's what our... a clean, well-maintained system of stormwater drainage does for the village of Keebiscayne. Now, for the other 0.28 times, I mean, 0.28 hours, not hours, but time that we actually have more water coming down that our system can probably take out because sometimes that happens. That's what we're talking about here. 0.28, almost less than half of a percent of the time is what we're discussing up here about this big dig and other things. I want to point out to you an absolutely incredibly horrible structure that we have built at the end of Ocean Lane Drive, which happens to be a generator for a shallow injection well. It just makes absolutely no sense that we would spend the money. And I think that we probably got a grant for it, but it's still taxpayer money, whether that's state money or village money or wherever it's coming from. But to spend the amount of money that we spent on building such a horrendous structure for that has absolutely no logical reason to be built. And I think you'll hear from Fernando Vazquez that he agrees with that, believe it or not. So I don't know how that happened. I don't know how that got built. But it's beyond any imagination that we are thinking that if we go with the alternative to the big dig, which is what Mr. Tashiev is designing with GIT, that you guys are really thinking about putting a generator at every shallow injection well. That's absurd. Absurd. You can't do that. Please don't do that. We're talking about five hours for five days. That's 25 hours out of 8,700 hours of a year that those pumps would be working. have it so coincidental that we wouldn't have power for that particular injection? Well, it's just absurd that we're even thinking about that. I don't know whose great idea it was, but it was a horrible idea. And I just don't. I'm beside myself. Obviously, you see it. So please, guys, let's get some thought behind what we're doing up here. Make sure that whenever the management comes up to you, you realize what it is that he's proposing that he's going to do. Don't just approve it. Thank you.

Thank you. One brief thing since... I just wanna say that I do agree with that. I don't necessarily think that these, and having done this in the past in another city in South Florida, I think we need to really revisit this concept of these generators. I brought this up in the past. I brought it from an aesthetic standpoint. I brought it from a functional standpoint. I brought it up from a functional standpoint, and I just think that we really have to have a conversation about this for the future. Okay. We can have a conversation.

Yeah, we can, and I hope we do. Okay, Madam Clerk, agenda.

The next item is the agenda, approval, deferrals, additions, deletions, substitutions, withdrawals.

Addition.

Sorry.

I'd like to add a discussion on pausing purchase or installation of any standby electrical generators for storm sewer pumps. Okay, so under Mayor and Council.

Pausing the purchase of.

Purchase or installation.

Of generators.

Yeah, I second that.

That's a discussion item.

Yeah, that's fine.

Pausing the purchase or installation of.

Electrical generators, standby electrical generators for storm sewer pumps. Fixed standby. Okay, what else? Fixed. Excuse me. One moment. Fixed. Standby. Yeah. Big difference.

Fixed. Standby. Thank you.

Tell me when you're ready for me.

Always ready for you, Nance.

I would like to defer 10A, please. The amendment to the professional services contract. Just FYI, the Athletic Advisory Board has not had an opportunity to review the proposed changes, so I think they need to be able to weigh in on whether or not the proposed changes address the issues that have come up before them throughout the year, so I think that's just appropriate.

Yeah, I think we missed a step, so that's fine. Good idea.

Agreed. I also would like to add two items. I would like to add Discussion about the soccer program structure. I don't really want to have the discussion. I just want to have discussion about Tasking the advice the athletic advisory board with reviewing the soccer program structure and coming back to us on that and whether or not that needs to be revisited and Secondly, I didn't see it elsewhere on the on the agenda legal counsel was going to come back to us with some report about the special magistrate item that I brought up in November. So could we add that so he can tell us what he found? Because I think he's got some information.

Magistrate, okay. And Mike had an item separating the underground.

To put out the bid for the Zone 1. I'd like to just, a quick discussion on that, just to, to educate on how the actual bidding process works for these contracts, for these vendor contracts, and the timeframe. I'm sorry.

I'm sorry to understand what you're saying.

I'm sorry. Timeframe of RFP bidding for new vendor contracts, whether it's athletics or anybody else. Gotcha.

Timeframe of new bidding.

Yep. New bidding process and timeframe.

I might as well signal my dismay now that 9C and D are back on the agenda for second reading, 101 Crandon. Which one is that? 101 Harbor. Which? And suggest that rather than deal with what I consider to be an armed torpedo in the water with the safety off, We would get a better result if we actually followed through with the scope and depth of analysis that I think we talked about getting before dealing with this at second reading when we spoke about this at first reading. to better understand the implications of allowing institutional use prospectively in the residential district and to determine whether it's better to deal with this by development order amendment.

But we're going to hear it.

I don't want to waste time, and I'm going to oppose it, so I might as well just signal it now. We had a long discussion, and we came to a conclusion. That conclusion wasn't implemented.

Okay. Well, we'll deal with it when we get there. All right. All right. Madame Clark.

My apologies. All those in favor of the agenda?

Aye.

Opposed? Motion carries. The next item is the Consent Agenda.

Somebody move it? Move. Second.

All those in favor?

Aye.

Opposed? Motion carries. The next item is the second reading of an ordinance of the Village of Key Biscayne, Florida, amending Chapter 23, Retirement Article 2, Police Officers and Firefighters Retirement Plan of the Village of Key Biscayne Code of Ordinances regarding the Retirement Plan for Police Officers and Firefighters of the Village of Key Biscayne, specifically amending Section 23, dash 47 C of the village code to permit retired police officers hired on a part-time basis to receive in service distribution, providing for conflicts, providing for severability, providing for codification and providing for an effective date.

Second.

Thank you.

Any questions to the Chief? I think we talked about it last time. It's a really great idea. Hopefully we can implement it and add somewhat of a savings to us.

I think Chief looks so good tonight, so why don't you show off your suit, if you would? Just a smile.

Off the red carpet.

Anyway, I know he's excited about this. I'll put words in his mouth, and you can just stand there and look pretty.

Better the suit than a soccer uniform. Whoa. That's a bad visual there.

I don't think you have to take that abuse, Chief.

This profession allows you to have thick skin.

Yes, sir.

Any questions? I just wanted to show off how good he looks. Oh, okay, okay. I understand.

Madam Clerk, call the question.

We need a public hearing, please.

You want a public hearing?

Okay.

On second reading, public hearing is now open. Public hearing not on his suit is now closed.

Council Member London. Yes. Vice Mayor Sardinius.

Yes.

Council Member Stoner. Yes. Council Member Vazquez.

Yes.

Mayor Roscoe.

Yes.

Council Member Bracken.

Yes.

And Council Member Kaplan.

Yes.

The item is adopted on second reading.

Thank you. Thank you.

The next item is a second reading of an ordinance of the Village of Key Biscayne, Florida, amending section 30-11 definitions and creating section 30-39 certified recovery residences of the Village Code of Ordinances relating to review and approval procedures for certified recovery residences, providing for severability, providing for conflicts, providing for codification, and providing for an effective date.

So moved. Second. Second. Moving second. Let me open the public hearing. Public hearing is now open. Seeing no one come forward, public hearing is now closed. Okay, on the item before us, comments?

I just wanted to say that my understanding is that I discussed with council whether or not we could put in a specification of distance from public school or from schools. And perhaps council would like to expand on how we're going to approach this.

So if you may recall, we brought this forward a couple months ago. This was as a result of a mandate by the Florida legislature for us to adopt procedures regarding the certified recovery residences. These are just purely procedural at this point. If the Village Council would like to adopt a regulation that's more substantive, I think we would need to pause and wait to the extent that it was more restrictive or more burdensome because of Senate Bill 180. And we're happy to bring something forward for that at a later time. But at this point, really what this is doing is something that we were supposed to have adopted by January 1st. We got delayed because we had the meeting canceled. So we're hoping to comply with the state law and have it adopted. And this process is very similar to the reasonable accommodation process that we would implement, even if this wasn't codified, frankly. Thank you.

Okay. Madam Clerk?

Vice Mayor Sardinas?

Yes.

Council Member Stoner? Yes. Council Member Vasquez?

Yes.

Mayor Roscoe? Yes. Council Member Bracken?

Yes.

Council Member Kaplan?

Yes.

Council Member Lunden?

Yes.

The ordinance is adopted on second reading. The next item is an ordinance on second reading of the Village of Key Biscayne, Florida, amending section 30-104, Institutional District of the Village Code of Ordinances to provide development regulations for properties that are 10,000 square feet or less, providing for severability, providing for codification, providing for conflicts, and providing for an effective date.

Move. Second. Second. Ms. Stoner, this is your item. You want to?

Well, my recollection of what happened at the previous meeting when we discussed this I thought was different than you, Frank. I thought what we had decided was that we were going to specify that the residential, any residential property had to be adjacent to an existing institutional, already institutionally zoned property.

Yeah, my memory is quite different. It includes that, but it goes beyond that. My memory is that we recognized initially that this is really drawn from a condition that affects a single property that was permitted years ago, as we discussed, by development order, not by zoning. And the conversation ensued as to studying what the implications would be, not just from the allowance prospectively of institutional use, pretty much anywhere in the West Side and Holiday Colony, but also understanding what ancillary uses go with institutional uses and what could potentially metastasize anywhere in these areas if schools, if houses of worship were allowed anywhere in those areas. In part recognizing that there's a fundamental incompatibility in nature of use if you have residences and schools daycare centers churches shuls mosques what have you second point related. There's never been to my knowledge and I've been around a long time. Any discussion about in the future land use context about expanding House of worship use it's completely new and novel, in my opinion, all to address an anomaly associated with one on one harbor. The last point that we discussed was, is it not more expedient to just fix the development order to better reflect signage and other anomalies that might restrain their use in an unfair or oppressive way, rather than open up what could be Pandora's box on including ancillary uses associated with institutional uses, which includes schools and daycare centers and you name it. I think as a side point, I am highly dissatisfied with the quality of these supporting memos. And I want to really call out what I consider to be a real deficiency. These read to me like conclusory sales jobs, not analysis. And I think we're experiencing the same thing in the variance supporting analyses, the memorandum. And it just puts too much on us. It's just not helpful. That's my criticism.

Well, I'm not criticizing this. For criticizing Jeremy, I read his comments and recommendations and his analysis on most every zoning thing that's ever come up here. And I think he does a fine job. And you're smarter than me. And if I can understand it, you certainly should.

It's not understanding it. These are check-the-box memos. all the criteria, and leading to a conclusion that yes, this checks the box. I just don't agree that the analysis supports those conclusions. Well, you don't agree with the conclusions, obviously.

I don't. That's a matter of opinion.

No, no, but there's an empirical way to analyze issues to determine compliance. And simply concluding that they comply. For example, in the realm of the compatibility of use, I don't think you can simply say that it's compatible if you're running a church or a school that's the mission of a church in a residential neighborhood simply because it's in a similar structure. And to say, too, that the land use element in the master plan permits this, everything is permitted in, well, not the local office, but schools, parks, utilities, houses of worship are all permissible anywhere in any residential district, providing for flexibility for future land use decisions, but governed by zoning. So to bootstrap in a zoning end around by justifying it by saying that the master plan

Prospectively permits this it seems to me is misleading and evasive Well, it's not misleading because he's telling you a fact and you don't I mean like you say that fact exists for everything You got to go back and analyze the master plan to analyze his own email Well, basically you don't have to because he's done it for you.

He's telling He's coming to a conclusion without any empirical support that I disagree with well

Fine.

Listen, that's certainly your choice.

Do you have a question?

Yeah. Nancy, the goal here is to basically make sure that the House of Worship is on 101 is correct right yeah so I don't know anything about these ordinances what my concern is is that I think what Frank's worried about is we're open up a big opportunity for potential abuse possibly and but we just what all you want to do is resolve the problem at that specific space right so

So it's in. Right.

But if there's a way to do it without opening up Frank's concerns, we can revisit that. And I think that's probably worthwhile because, you know, Frank's got a lot of institutional knowledge about this issue. He's obviously pretty passionate about it. And, you know, I respect your opinion because you've been here for a long time. So I think maybe we should give that a little credence and see if there is an alternative way to deal with this.

Let's let's do something here. Chad, you have any. Is there any additional information here that you can weigh in?

I mean, I think that the two sides were laid out pretty clearly. This was approved as a special exception by development order today. To address what Councilmember Stoner would like to bring forward, the only way that we can address it, aside from amending the existing development order to maybe make the removes maybe some of the conditions in that order was to change our code and do this rezoning now at the last meeting we my understanding was the instruction was to try to limit it to that area. Close to where the about is located now we drew it in the that one block area. But. There's only two options here to address this. Either you can address it through the development order, which I think Council Member Kaplan is maybe suggesting as a potential option, or you make a code change. I mean, that's really it. So those are your two options. Or do nothing. I thought the principal takeaway was not to –

punt on this, the need to address this. I want to address this for 101 Harbor. I want to address this for the Jewish Center. I don't think that the most expedient and prudent way to do that on the face of it is to amend the zoning code, particularly to permit, and I'm back to ancillary uses in institution, and also recognizing practically the churches are by and large surviving in pursuit of their missions, by operating schools. So it's not simply a house of worship. The experience not just here but in other places is that schools are supporting the church mission or the synagogue mission or the mosque mission. And second observation generally is that churches are struggling in lots of places. So the adaptive reuse of that use includes ancillary uses within institution. Right? I don't think we bargained to go down that road. And we've never thought that we were deficient in houses of worship. It's never come up.

But, Frank, what you're saying is St. Christopher's can have a school, and St. Agnes can have a school, and Presbyterian can have a school, and they're all in that area. And I'm not saying Chabad wants to have a school, because I don't know anything of the sort. But if they wanted to have a school, what they could do within that one small little property would be limited by their space that's available.

They have an educational mission that I'm personally familiar with. They perform it both there and elsewhere.

Religious Sunday school.

So where we got off to at the end was recognizing the desire and the need to do something for the Jewish center. to study the implications a little bit deeper than these memos do, in my opinion, of changing the entire West Side, in effect, to allow institutional uses, although recognizing the geographical limitation then gives rise to, we had a moment about RELUPA or the argument that this is spot zoning and we're going to get in trouble down the road, and are we going to be able to defend ourselves? in the context of a spot zoning appeal. So basically the idea was to study this before taking action on zoning. And in the meantime, look at the development order and what we can do to fix or improve it. That didn't happen, that didn't come back.

But right now, the zone that we're talking about, located within the area south of Harbor Drive, west of Fernwood, north of Buttonwood, and east of Woodcrest, Yes, you could say that's spot zoning. I don't know if that, is there anything, any other properties included in that, Jeremy, or is that the only property?

In the way it's currently written, it could potentially include some other properties.

Okay, fine, so it wouldn't be spot zoning then. So basically, your concern that this would be utilized all over the village, really under this particular ordinance, would not apply because it's a limit.

Because it's been limited. Yeah, so therefore, what are you against it for?

Chair Jeremy you did you just you did just say they could be applied to a couple other houses a couple other areas yes okay so in that in that area so question for houses so question for you so if if someone would want to possibly buy two or two houses on that street okay and they could amalgamate those two houses And then they could put a house of worship in there if they chose.

They would still need to abide by zoning regulations, which would keep them as separate structures. But yes, they could then, you know, if they wanted to have one as the house of worship and another one as the school, they could do that. It is worth noting that in our entire residential district, there are uses that are permitted as homes.

Home-based system.

Home businesses, such as daycares. These are already permitted as home businesses. So some of the ancillary uses, by the fact that you're limiting the structure to the size that it is, are sort of accounted for and considered and not as inconsistent. And I would argue that they're not as inconsistent with a single-family neighborhood as they could be because of the limitation on the size of the structure.

And I just want to add something that comes from a capital side before this this doesn't eliminate that there could be another person way down the road seeking to locate a about in a residential lease own property just like we had today with the bond because of the loop of concern someone could could make try to make those arguments so. It it's still. These could pop up potentially in other places that unrelated to this, what we're doing today.

So I'll leave it at this. My bottom line is this isn't the way to deal with this issue in my opinion. Let's look at the development order and fix it as needed in my opinion. There's never been a discussion about an interest in expanding houses of worship. I've been doing this since 1991 and I can't think of occasion. There's a lot of elements in the future land use element that are aspirations that are evergreen. Parks acquisition goes back all the way in time, all the way in time to cure concurrency initially and to reduce density, and that still is an issue. I can't find anything in my memory bank or anything I've read lately that talks about houses of worship. So I would propose to deal with this otherwise.

My last comment on this is I find it offensive that I understand how we got here, but to continue with the zoning the way it is, I find it offensive that they have to function. That institution has to function under a development order, which I believe has 23 or more restrictions on it. And none of the other houses of worship have to do that. And it's right there in the zone. So that's my motivation.

That's that Jeremy question for is there any way to limit this only to the one specific property is puzzling that would be spots on and that's you that's illegal or yeah, yes, get challenged on that.

I don't want to say would be, but it would definitely raise the it could be.

But is that so there's a risk?

There's a risk if you were to do that, yes.

All right. But there's also a risk in what Frank's expressing. So, I mean, we're sort of mitigating risk, right?

Well, yeah. I mean, I think what Councilmember Kaplan is saying that, you know, maybe it's worth a instead of dealing with this and expanding the areas in which a house worship can go, maybe the solution is to dive into the development order and try to reevaluate some of those conditions that could help resolve the issue. I think that's really where he's, I don't want to forge your mouth, but I know that's what you're saying.

No, that's exactly right. Some of those conditions came about to mollify initial objections Those objections never arose.

So Nancy, if we would take the development order and eliminate all your concerns to equalize the playing field, so to speak, would that be something that we could all work around?

You read the development order and saw all that?

I tried to read it.

No, I understand. I saw how extensive and how micromanaging they were. You would find them...

Offensive yeah, I I hear I understand your concern. I'm just Just saying if we could take that stuff out.

Is there a way to check just that exercise? I mean, we don't have to debate this anymore, but just that exercise is offensive So for this one house of worship you can do this and you can't do that and you can only do and no I mean nobody else has to function under that other than to comply with The zoning I hear you concerned.

Yeah

I understand why it happened. I understand how we got to this point. But now we're here, and we see that that particular institution has been a fantastic neighbor, a fantastic community participant, and there shouldn't have to suffer under all those restrictions.

And they wouldn't, because all of those restrictions, and I'm not remembering every single detail, but I was involved in that negotiation. There were... NIMBY objections and a panoply of solutions to mollify these NIMBY objections are what you're talking about. The behaviors, the use, the functionality on that site never warranted concern about any of those objections. The concerns never arose, in fact. So this is, what, 15, 20 years ago? A fresh look would result in a different product, I believe.

that would no longer be offensive?

According to Frank. I think so. I mean, in Frank's opinion, right.

That's my, that's my. And how would we move forward on that? Would we create a subcommittee that would look at that? Would it be just the staff? Would it be maybe Frank and Nancy? Maybe I would motion to have Frank and Nancy both work on it together.

Well, I think that it's, remember, at its heart, it's a quasi-judicial determination, right? So it's, It's a faith. All of you wanted to look at it. We could put it forth on a future agenda. We could workshop it. You could look at the conditions. But ultimately, if this is going to come back, it is going to come back. It would come back to amend it. It would be a quasi-judicial hearing, which Once we choose to amend it, we don't allow ex parte communications and the like that we've talked about before.

But if we would choose just to spot zone it, we have a risk. But we have risk doing business all the time. So why is that such a big deal?

Well, those are two separate things. I mean, I think that the question of whether something is spot zoning or not, I'm not so convinced under the law of spot zoning. People use that a lot. But the word spot zoning, there are arguments against it. But we're not going to get into that today. But it's a risk. Yeah, people would argue. There's a lot of mitigation to that risk because of the historical use of this site. So also, you know, there's and maybe Council Member Kaplan doesn't agree, but To the extent that the zoning is consistent with the comprehensive plan, there's case law that says that as a matter of law, you don't have spot zoning. Now, I think Council Member Kaplan is questioning whether or not the zoning is consistent with the plan. But the question of a development order, though, is much more limited, because now you're talking about somebody's development rights. This change in zoning is not addressing somebody's development rights at this stage. This is legislative policy that you're making. When you're looking at the development order, you're addressing somebody's property rights directly. So that's why it's a little more heightened.

What about the Pandora's box risk of having opened up? This is a future argument on Westwood. Having opened up institutional zoning beyond what exists. It's hard it's harder to defend against the later it is given around it.

It's possible there's obviously mitigating arguments the other way. But yes I can understand that that someone would argue that you know why did you draw the line in the sand there right. However there is case law it says in a matter of zoning you need to draw the line somewhere so but it's it's a fair point I'm not going to argue that so. I. If the council wants to evaluate the development order so you can see it, you guys have never seen it, we obviously can be circulated. And if you want to discuss it at a public meeting, I think that's fine. Just remember that you're not looking at it from a policy perspective. You're looking at it for somebody's property rights directly.

Or we can just vote for this tonight and be done with it.

Well, yes. Yes or no?

Yes.

Yes. Then we go from there. Yes. This and then you have the rezoning, which is after it.

I've said my piece. Further discussion?

I'm just wondering, Nancy, if it's worth engaging the... I mean, I know you feel some offense to this, but I wonder if it's engaging the rabbi and get his opinion to see if we can work through this, the development order, so we don't open up Pandora's box. It's just a possible suggestion.

Yeah, I don't think he needs to. Okay, that's fine. Thanks for the inquiry, but... Listen, if this is voted down tonight, we still have the opportunity to bring back a look at the development order. And we can do that anyway. Right. So I would like to take a vote on this personally.

Madam Clerk, let's call the roll.

Vice Mayor Sardinas, did you have a motion on the floor? You were just proposing. OK. And then did we open up the public hearing? And there needs a public hearing, please.

Public hearing now open.

Tom McCormick, 680 Curtis Wood. I just want to say something that should be beyond debate and not controversial, which is that all of you are smarter than me. But I'd also like to say that you know who's smarter than all of us? People with money that want to develop real estate. So when Frank says there's a Pandora's box risk here, I feel like you should run for the hills. Nancy, your concern is 100% right. But no one should be voting yes on this. unless you're sure Frank's wrong. If you're sure Frank's wrong, vote yes. But if you have any doubt whatsoever, take a month or two and figure out whether the inappropriate treatment of this one property could be completely resolved without the risk of opening Pindar's box, because that sounds pretty good to me. If you know for sure Frank's nuts and nobody's going to commercialize Westwood or whatever, then vote yes. But again, thank you for your time.

I'm not sure what Westwood has to do with this, but that's fine.

Public hearing is now closed.

Council Member Stoner? Yes. Council Member Vazquez?

Yes.

Mayor Roscoe?

Yes.

Council Member Bracken?

No.

Council Member Kaplan?

No.

Council Member Lunden?

Yes.

And Vice Mayor Sardinas?

No.

The ordinance is adopted on second reading. The next item. is an ordinance on second reading, an ordinance of the Village of Key Biscayne, Florida rezoning the property located at 101 Harbor Drive, property folio number 24-4232-006-0230 from the Village Residential VR District to the Institutional I District, providing for severability, providing for conflicts, and providing for an effective date.

Somebody move it? Move. Second. Moved and seconded. Public hearing on this is now open. Seeing no one come forward, public hearing is now closed. Council Member Stoner.

Well, I don't think there's any more discussion. This is simply to change the zoning of that particular property that we were talking about in the ordinance previous.

So question, if we chose not to support this, that property would therefore not be approved and not fit into this?

We would have made the change in the ordinance in the zoning code, but we wouldn't have made the change as to that property.

Yeah, so the legislation was adopted, but it wouldn't be applied to anything. It's not being applied to anything at this point until this rezoning were to occur.

So voting no is just

is keeps the status quo until somebody comes in and wants to rezone the property.

Okay, further conversation, discussion on the item? Seeing none, Madam Glirk.

Councilmember Vasquez?

Yes.

Mayor Roscoe?

Yes.

Councilmember Bracken?

No.

Councilmember Kaplan?

Yes.

Council Member Kaplan, is this a yes?

Yes.

Thank you. Council Member Lunden?

Yes.

And Vice Mayor Sardinas?

Yes.

Council Member Stoner? Yes. The ordinance is adopted on second reading.

Jocelyn, can I, I know it's inappropriate, I'd prefer to change my vote to yes. You can. To yes, please. I was confused a little bit about what we were doing, so yeah, there's no reason not to approve it. Just being obstructive.

All right, the ordinance is adopted on second reading. The next item is an ordinance on second reading, an ordinance of the Village of Key Biscayne, Florida, amending section 2-82, purchasing limitations, competitive bidding of chapter 2 of the Village Code of Ordinances relating to competitive bidding thresholds, providing for severability, providing for codification, providing for conflicts, and providing for an effective date.

Move. Second. Move. Seconded.

Thank you.

Public hearing is now open. Seeing no one come forward, public hearing is now closed. Joe? Yes, sir?

I have one suggestion. I didn't think about this before. I have no problem with the change of limits or anything else. And obviously, this was originally done. We didn't have a purchasing manager or purchasing agent, whatever you're going to call Darren. But we have a good man here. And the fact that you get only one quote Instead of three, one quote instead of three quotes, I understand three is a lot, one's less, but since we have somebody here, what would the problem be of getting two prices? They can do it verbally on the phone, but at least have two prices because somehow contractors know that if they're the only ones, they take advantage of people. Not that I, as a contractor, would do that. Never? I've heard other contractors do that. So therefore, I would suggest we make a modification to that. And we have two people. That's all. Two people. It doesn't have to be a big formal bidding or anything else. Darren makes a couple phone calls.

Is it a practical question, or is this a legal question?

Is it proposed?

Yeah. Yes. Mr. Chadd? Can we do this?

So can you propose exactly what your amendment would be?

You speak much better than I do, Chad, and you know how to do it.

Can we talk? I'm sorry. I just want to hear the limits so the public can hear the limits.

Yeah, I want to be clear on the ordinance language here. So this would move from the $5,000 to $6,000 to where you would require three bids. That's fine. No problem. But you do require three bids.

As far as the numbers go, I'm just saying just change it instead of one to two. That's all.

You're saying for under the $6,000? Yeah.

Then we open up the process, and that's what I think they're trying to avoid is just to streamline it with one vendor. I think that defeats the purpose, perhaps. It's just really keeping it singular.

Just keeping the contractors honest.

Right. Listen, I was just going to say I always believe in three bids minimum. I'm not, but on something like that, when they need to move quickly and do stuff on the fly, I think it gives them a nimbleness to do what they need to do. And so I kind of agree that one, you know, a decision for one contractor under 6,611, is that what the number is? 6,000. 6,611, right? Yeah, it's just 6,000. Oh, 6,000, period. I don't know what that is.

No, the numbers, the CPI number, we did round it down for just a flat, even number for the ordinance.

So, yeah, no, for that level, I think it's important for our business to, and not to lose time, because time is money, to really allow, you know, a selection under 5,000. That's it, no second bid, nothing like that, just go straight out.

So you just do one?

No, I'm not. You know, I mean, it's just two is. So two is okay, fine. I mean, no, I'm not for two, I'm for one. Okay. That's it, that's it. You want to call me a wimp, call me a wimp.

That's my proposed amendment, I guess. Do we vote on the amendment, Joe? We got a second to it? Yeah.

Can you clarify your amendment? I'm sorry, Council Member.

Let me put it in where the tab to the actual language.

I think that the language, it's under for purchases less than 6,000, you're requiring the manager to obtain two quotes, right?

Exactly. When I say manager, I mean purchasing department, isn't it?

Well, the manager or designee.

Okay, fine. That's all.

I think they do that. I mean, at the end of the day, you look for the best price. I think that that's kind of part of common practice.

So the amendment would be to amend 2-82A to state that the manager would obtain a minimum of two quotes prior to purchasing something less than $6,000. Yes. Okay.

Is there a second for this motion?

Second. Discussion on the amendment. Any issues, guys? Speak now or hold your peace.

I just want to talk about the impact. So this ordinance is brought forth for operational efficiencies. What we did was we looked at the 2021 thresholds, brought them forward for CPI. The amendment is kind of working counteracting that to go... less efficient because we're talking about contracts or quotes for goods and services under $6,000 to now get the second, which is good practice, but it is not as efficient as obviously one for that lower threshold.

So the idea and the nature of this was to bring efficiency, so that does kind of counteract with- But Ben, it's much more efficient not to get any prices at all and tell the guy just to do it and bill you, isn't it?

We would never do that.

Why not? It's the same thing as getting one bid, isn't it? No, because we issue- Why not? You're not comparing it to anything. If you want to talk about being efficient-

Benjamin, is there some formality in getting the biddings? Or can you, like Ed suggested, just get informal quotes and that would satisfy that requirement?

They can be informal on that. Yeah.

So Benjamin, just a question for you. So previously, at the $5,000 limit, there was no requirement for that? Correct. So we're just adding, we're just putting a tighter, tightening it up, basically.

Exactly, yeah, exactly. We're responsible for the money, remember?

Yeah, and I agree with that 100%. I just think that there's some operational nimbleness that staff needs to have in order to run the operation smoothly, and I think that by us, by trying to be, this may be us erring more on the side of being over-effective, and on a number as such, I would trust that the manager and the CFO and whoever's involved in that would make the right decision. huge number, it is a number that is used to move the operation, so for that to get two quotes, it just seems like a little bit too, we're hamstringing staff.

Under emergency situations, that would be waived, right? Of course.

Yeah, of course.

Okay.

So we're voting on the amendment.

On the amendment.

All those in favor?

Aye. opposed no here motion carries okay uh on the uh ordinance as amended did you guys open up the public hearing yes they did that in the beginning on the ordinance as amended

Mayor Roscoe? Yes. Council Member Bracken?

Yes.

Council Member Kaplan?

Yes.

Council Member Lunden? Yes. Vice Mayor Sardinas? Yes. Council Member Stoner? Yes. And Council Member Vasquez? Yes. Excuse me. The next item.

10A was deferred, right?

Yes, it was deferred.

Okay.

The next item is a capital project authorizing resolution of the village council of the village of Key Biscayne, Florida, authorizing the village manager to issue a work order to the Stout Group LLC for village-wide roadway improvements, street resurfacing in an amount not to exceed $483,082.67 and providing for an effective date. Move. Second.

Okay, let's see. This is Arezzo. This is Chris. Mr. Miranda.

Good evening, Mayor, Council. This item is the continuation of our roadway improvements projects I have a small presentation for you on some some of the work that we've done some of the work that we're planning to do and Some of the work that this project actually encompasses in your package you have What you see on the map here the orange? Streets are the ones that would be paved repaved under this project

It would be like this already.

It's got a visual the marsh the island The no wood street which would complete everything in the southern end of the island and then we have Cranwood and Excuse me Cranwood and Cypress Drive which would be repaid this is in an effort again to elevate our payment condition index Uh, and as we continue in future years, it will continue to raise that index. Taking care of all of the streets within the village. Uh, my as my map has a. Uh, schedule of how we would continue in, uh. The latter part of this year, we will do what you see in blue. which are the future roads. Harbor Drive is separate and apart. As you all know, we have a JPA with the county for it, and we're working on a project right now with the TPO for Fernwood, which is lined in purple. 2728 we would do the roads that you see up here in in yellow and then 2829 carries out the eastern side of the island so by the end of 29 by actually by the end of 33 because of Fernwood we would have all of the roads Repaved with the exception of the zone one area So this ordinance again going back to it would repave North Marshall Drive, Norwood, South Marshall Drive, Cypress, and Cranwood Drive.

Okay, questions on the resolution before us?

Is there a competitive bidding on this? This is using our competitively bid contract. The previous contract. Yes, the previous contract, which we have two contractors on. Good. No question.

Chris, just as the SAV is requested, is there any way, since this is resurfacing, there's really no way to put impervious material forth in this project? Is there or not?

So your question would be more to put pervious material. Correct. Correct. No, it would not. To put pervious material in, we would need to actually strip out the base and recreate a base.

We're basically grading and resurfacing.

This is strictly milling and resurfacing. Okay.

Yes, I appreciate you guys you guys so so your assessment on this is just basically looking at the pci as you said right we looking. Looking at the cracks looking at that but, but are there any areas in your observation that you've seen that could be further you know more low more troublesome and relates with the sub grade. I mean, these are all roads, let's face it. I mean, we know that the water goes up and down, it goes in the subgrade, and one of the things that happens right at the base where the Coquina Rock is, That all those sentiments that are there to stabilize the load they eventually weather out so now you got the rock and i'm wondering if we're looking at that. More comprehensively I know we were hoping to do that with a lot of these drainage projects, but in the process of moving forward, should we be looking at the roadway substructure.

So what we have seen, my observation, where we have more critical failures is where we have brick pavers, where we've installed brick pavers and that sub-base affected quicker both from the top and the bottom so when we have rain it seeps through and the Sub base and the base are washing out in the areas that we have asphalt. I haven't seen that serious of a Deterioration in the base. Okay, there is spider cracking in the asphalt. Yeah, so there is signs of you know base weakening but Proper protocol would be just to mill and resurface. If we find an area that does have a deficiency in the base, we have the ability to go in at that time and remove the base and reconstruct it.

Okay. Yeah, I mean, that's fine. For this type of approach is fine. Okay.

On this.

Yes.

Today we had two reports on flooding. one by our chief flood watcher and other by our chief executive officer of our council. And looking at both of them, I went out driving around myself and seeing the concerns of both concerns. And I realized one thing, and maybe with this can, when you're doing this now, a contemporary help this thing, and that is when someone's paving a driveway, they're bringing the driveway down You're basically going to crown the road. The road is going down to the driveway, and you form a little valley there. And as a result, water is laying there. And also, obviously, excuse me, same problem you have when the lawn is a little bit higher. So my question is this. How difficult or how expensive would it be to regrade the perimeters of these streets as we're doing them? so the elevation is raised so the water is not coming into the street, but rather going the opposite direction.

to lawsuit right there.

In other words, eliminating a lot of the pockets, for lack of a better word, where water is going to accumulate. Because no matter what storm system we put in, it's not going to make a damn bit of difference if the water doesn't get to the inlets. And the water is not going to get the inlets if there's places where it's not going to drain properly. So to me, possibly either making sure the grading now was done when you're repaving the streets to get the water basically better to the inlets, Also, where you have the dirt or the soil, or whatever you want to call it, this well, having the blacktop a little bit higher there, so the water basically is not, you know, it saves in the grass.

Isn't that what we did in the immediate mitigation? Right.

It's just a thought. And is that too difficult to do on these streets right now, and we just think about doing it in the future?

It's a little more complicated than that.

Obviously.

Yes, they did. One of the features they put in was curbing to direct that water flow to the structures in the corners, but they didn't run them all the way down the street. And if you did, it would change the character of the neighborhood.

But they did okay thing with the great in other words yes and what was previously more flat roads it costs pockets and.

Correct will raise the center of the road to create more of a crown if the road is flatter we did that. On Cape Florida.

We also, you did that on West Mashta as well. That's correct.

Yes, right. That was before I got here, but yes, correct.

And the reason, Chris, the reason why I bring this up, just to come back to what Ed's point is, is that when they did it on West Mashta, there was a... observationally, I live on that street, so I mean, I definitely saw an improvement, a dramatic improvement on the flooding on our streets. Correct.

And as we're repaving these roads, they are stringlining The edge of the roads to make sure that they're catching that flow and make the water flow where it needs to go It may need to go to the corners. It may need to come to the centers is wherever the catch bases are We are taking that into account. Okay.

Yes, there is no curving here.

No, there's no curving here But this so that as far as that so just to confirm Chris that is part of the scope of war What is it to doing the region? Yes.

Yes, that is part of the scope of work. Yes, okay Thank you

Madam Clerk.

10B, all those in favor?

Aye.

Opposed? Motion carries. The next item is a capital project authorizing resolution of the Village Council of the Village of Key Biscayne, Florida, authorizing the village manager to issue a work order to the Stout Group LLC for the replacement of traffic calming devices in an amount not to exceed $248,385 and providing for an effective date. Move.

second thank you okay questions on traffic calming devices one quick one Chris I noticed that there's the West the West Westwood section where Fernwood is meeting the roundabout there is not being addressed in this particular scope of work

No, because it's being addressed in the Fernwood project that's being taken into account under the Fernwood project with the TPO. But we're going to make some temporary repairs to that intersection.

Because we've been talking about that for a while. Right. It's getting worse and worse.

Yes. I was there today.

Yeah.

And it also floods there pretty good as well.

Right. What are we actually going to do to these calming devices? You told me the calming devices are circles?

No, we're talking about the speed tables. The speed tables, okay. Speed humps are speed, these are actually speed tables. So the speed tables that we currently have, and these are actually the brick pavered speed tables, were not constructed per the current code. So the slopes on them are incorrect and vehicles are traveling over them and bottoming out. They're also starting to show a lot of deterioration on Island Drive We removed three speed tables and we reinstalled them three of the brick paper speed tables and we reinstalled them with the asphalt brick the asphalt paved Tables if you drive by there now, you'll see a much smoother transition It still is effective in traffic calming, but it is a much smoother transition for vehicles to travel over. I

Going then to Mike's comment about using pervious material, and I understood before the streets are not going to raise everything. We're just milling and repaving. But here, if we're actually ripping up the brick and everything else, might not this be a good area to use pervious materials to pitch? to pave this over, and if we did that, how much more cost are we talking about?

We're not removing the base on these. We're removing the brick pavers and leveling them out with the road and then building them back up with asphalt. So in order to do a pervious material, yes, we would have to go down approximately 24 inches, take out that material, and then construct it back. I don't have an exact quote on it, but it has actually...

The only reason I'm bringing that up, I mean, we're talking about... No.

I had it.

I took it out. Chris, we're talking about basically having a new storm source system, which basically will include either the AECOM system or the Georgia system. But in any event, we want as much percolation as possible for natural disposal of the water. And this might be a good place to start with these calming places to use that. So I would like to defer the motion, I guess, at this point in time, since we don't have a number, and come back with us and tell us You know, it might be a good idea, but it's ridiculously over-expensive, and the cost-benefit ratio is not there. But before I vote on it, I'd like to know what the alternative is to that, if that's acceptable to Council.

So, Councilmember, no, and obviously, if that's the will of the Council, we'll do that. But we did have a consultant come in and do an analysis on one of our intersections. It was actually, you know, a very, very interesting approach. And we'll be happy to have him give the presentation to the full Council. I know some of the Councilmembers have seen it. It's pretty extensive.

No, I'm not with him. Yeah, it's pretty extensive. His is not just pervious. His is down to the river, so to speak.

His philosophy is that you find the previous flows of water, and you can either believe that or not, but obviously that's his belief, and that you use the sub-base to move water.

And you bring all the stones in from Georgia at a cost of fortune.

Yeah, and that comes in somewhere between 10 to 12 times as much as normal.

I'm not talking about that. I'm talking about just basically, like Chris is talking about, maybe go down a couple feet with perfect material, not going down.

So right now we've got the Cadillac analysis and we have what we do now.

What you're saying is somewhere in between exactly come back with it and also once you put that in there what will be the absorption what would be the percolation through that so I'll just even makes any good sense that's what you have to see what it cost us you have more to take into account than just a percolation for example speed tables where you have vehicles coming to a stop and you're going to have that.

friction force pushing on those brick papers that open surface area.

It has to be done properly. It has to be the right material to be a speed table. That's all I'm saying. Right. I'm not telling you how to do it. But it's not a good candidate is what I'm saying.

It's not a good candidate for a pervious area to take a speed table and turn it into a pervious area because you're going to have that friction force and it's loose material.

It's not well, so then of course before the concrete curving around the perimeter you wouldn't have that would you you still have it?

Why because this the material underneath it you have to build it to support that traffic in that friction of cars coming to a stop Pushing down on it Chris or coming off.

There's there's a possibility of using pervious in pervious concrete though So just using a pervious concrete material versus using a paver type system, which is I think would yeah

You could use a pervious concrete. My past looks at pervious concrete is approximately five, six times more expensive than just plain concrete. Well, I'm saying come back to this.

Let's take a look. Let's look at it. Yes. But also realize, too, that when you do put something like a speed hump in is the thickness – of the material is not just your road. Now you're putting another six inches in.

Listen, I'm not saying we're going to vote for it.

We'll find out.

I just want to know what it is and does it make sense.

No, no. We'll do it. I just want to make sure that we're not talking this amount of people.

No, I listened to the guy from down to the river. Yeah, perfect.

Chris, did you have a chance to revisit the concerns I had about a couple of? Yes. Yes, I did.

Yes, I did. I actually went out and visited those locations. Some of the speed tables that you'll see throughout the island have already been reconstructed in asphalt or were originally constructed in asphalt and meet current code. Those all that you mentioned, I went and looked at each location in particular, and they're all asphalt already into the proper design. All right. Thank you. Yes.

I have one little question, Chris. the red speed table that's in the center and then the southernmost portion here, south of the school? Is that just that little bump, it's not even a table, it's just a little tiny?

It's a little bump, it's probably.

So you're gonna make that into a table?

Correct, correct. We're not reconstructing a speed bump. If there's a speed bump, we will remove it and create an actual speed table.

So no more bumps.

No more bumps. Bumps actually technically are not accepted by the county for traffic.

And they cause more damage to cars. So Chris, I know between Westwood and West Mash to all this, the roads that are leading north-south, they all have some type of control system there? Yes. And you're only showing one red dot.

Correct. And as Vice Mayor Sardinius pointed out earlier, he brought this up in discussions earlier. A lot of those roads already have speed tables on them. They are already constructed out of asphalt and properly designed. So we're not reconstructing. These are only the ones that are made out of brick pavers that were improperly designed. and have a very quick rise and fall, so the elevations are incorrect.

Okay, so just to make sure I understand this, I apologize. On a couple of those streets, they basically just have a line that they built up with asphalt like this. It's literally that big, and you hit that thing in your golf cart or your car, and you bounce all over the place. Obviously, the intent is to get people to slow down, but as you said... It doesn't appear that those ones on the chart are being taken into consideration. If that's incorrect on my part, I apologize. Just notice that there's only one red dot.

I can go and look at all the other ones, but these are what we had in our inventory.

I think you'll find if you drive those streets, you'll find that there are very unusual methods.

And the idea is to go through the village and make sure that we have continuity with all the speed tables, that they all meet the current county design for speed tables. So if there's something out there that I didn't capture here, we certainly can go back and look at it and replace it.

Okay.

Is that consensus to defer?

Oh, okay.

And bring back alternate proposals with prices and performance so we know what we're voting on.

Okay. I guess this is a good moment to try to remind us all, next time CVS parking lot goes to resurface, it's a good time to remember permeable surface at that point. This is a conversation about a little bang for the spark.

The spark is pretty bad, too.

Yeah. All of them. It was all flooded up today. All of them. I think, Councilmember, this is also where, you know, the charge that we gave the ZORC in coming up with solutions like that. Yes. And, you know, right now we're stuck with SB 180. That doesn't mean that we can't be thinking about what we want to put in place if and hopefully when those restrictions on SB 180 are lifted. Yes. And so that's something I know you, me, and Jeremy, and Brett are going to meet in a week or so, and I think it's time to really look at that.

Past time, yes. Okay, so there's a motion to defer 10C.

Was it consensus of council to defer or is there a second?

Yes.

Consensus to defer?

Yes. I would have thought the Porsche and Corvette people would have been happy with that one. What can I say? 10D.

The next item is a resolution of the Village Council of the Village of Key Biscayne, Florida, authorizing the village manager to issue a work order to BCC Engineering LLC for professional engineering services relating to the street lighting conversion and transfer project in an amount not to exceed $360,074.30 and providing for an effective date.

Move. Okay. Mr. Miranda, you want to take that on too?

Sure. Go for it. So. We've come up with a sort of a flow chart of how this process will look. It is a complicated project from the sense of understanding our streetlights and who owns them and who manages them, what we own, and what is actually owned by special taxing districts. We currently have four special taxing districts. That from our understanding cover almost the entire island. So we don't control special tax industry. Those are controlled by the county. So we are looking to for bcc to come in and do a comprehensive analysis of feasibility study of taking those lights and. reacquiring them from the special taxing districts from the county So then we would take ownership we would do an assessment of all the lights in collaboration with FPL and then we would Sell them in effect to FPL they would give us a credit for all of those fixtures and then they would take ownership maintenance responsibility for all those existing lights and At the same time, this project looks at those areas that we do not have any street lights. So all the dark spots, all the dark zones. And we are asking BCC to come up with a design for us of where we need all that lighting, which then we would go back to FPL, give them the designs, and have them install all the missing lights. The flow chart. The way the contract, I set up the contract with BCC, it is a time and materials contract per task. So we could actually have a task and say we're not moving forward and we could stop at any point with a task. The first step with the due diligence and the feasibility study, if we look at it and we cannot dissolve these special taxing districts, which we're pretty confident that we can, but if we couldn't, then that would stop that process right there. And we would continue with the photometric study so that we could look at the dark zones and continue trying to get lighting in the dark zones. So the contract altogether flows from the decision of no, we stop, or if we are able to, we continue, and you can see that both paths, the upper in green would flow through to the transference agreement with FPL, and then the bottom one would continue at all time moving forward. So can I ask a question?

Yes. Chad. My understanding, I've only done one tax improvement district myself, and basically all voted on it, and you agreed to be taxed as a special taxing district. The tax collector collected the money, then the developer, or whoever in this case, the county, went ahead and bought lights and installed lights. That basically might have incurred debt or incurred expense or whatever. And I assume these lights have been installed probably, what, 30, 40 years ago? Been inside my house forever, so I don't know how long it's been. I have one right there. And my point is I'm paying each year for that light. And if there is, in fact, no debt on this thing, but rather what they're charging is operational costs, And if the people in the special taxing district at this point in time do not object or are in favor of not having a special taxing district, which what I would think would be really unbelievable why somebody would wanna keep paying when they don't have to, what is the feasibility? Why are we gonna spend $50,000 to go find out that you can't do that? Can't legally you find out, your office, determine whether we can do away with these tax districts and how much it's gonna cost, if anything?

Well, I think that we could definitely... The county should have an accounting and we can inquire as to what are the costs of operations of the taxing districts. I mean, that's something that we should... Maybe Chris has. If he doesn't, we can inquire. But the answer would be to just... vote, they would probably ask, I believe I'd have to check the county code, but ask for a vote of the people to dissolve it. And then it would be dissolved.

Yeah, so what are we going to spend $50,000 with some consultant to do that?

Councilman, remember, it's time and materials. If it only takes them a period of time, it'd only take them a period of time. I'm looking to Black and Veatch bills, so don't put time and material. There... things just don't dissolve. Ordinances have to go in place. BCCs have to approve it. Interlocal agreements have to be put in place. We're going to have to bring forward an ordinance. So there will be a step-by-step process to dissolve a special taxing district and to transfer these, if we choose to do it, transfer the light to the village. Yeah. All that will be a very detailed process.

But basically, we could prepare a document. Chad could prepare a document to transfer. They could accept it or reject it. We can go from there, too, right?

Well, I think... You've got to go to the county.

I'm talking about the county, exactly. It's not that simple. There's no advantage to them to have a taxing district. It's a pain in the ass for them. But there's a process to dissolve a taxing district.

Pass it on.

Okay, keep going, that's obviously.

Okay, what else?

And there's one thing, and I apologize, Chris, we didn't talk about this afternoon when we put it together. There's still, and if you would imagine, if you go to, I guess that would be the, oh, disappeared on my screen, to the right of the first green box, there would also be a decision point in there as well, because the final question would be, do we want to retain the lights ourselves?

Yes.

and use FPL as our service provider, or do we want to transfer the lights to FPL completely, and that would be the transfer of ownership. So, Chris, there's also another decision point in there as well on that last green arrow that goes out. So those are two more decisions that we can make as we go forward. One more decision.

But the majority of the expense is actually on the blue line because that's where the 100K and the 150K is.

Correct. That's the design for the replaced or not the new lights.

Right. But that's not including the lights. That's just the engineering.

That is the engineering. For designing where to put lights up?

I mean, that's what I'm reading, Ed. Yeah, that's what I'm reading, too. It just sounds like a lot of money. I don't know what the comparables are, so I have no idea. That seems like where the bulk of the decision is. It's not the upper blue box, not the green.

So are you thinking of an answer, or is it my turn?

Your turn, baby.

Go for it. So I just want to confirm, number one, that if we vote yes on this, we are still not voting on whether or not to transfer ownership of the assets. Right. That's number one. Number two, would you please confirm that FPNL does not have a program under which they would complete, at their expense, the photometric design?

Yes, I can confirm that. We did meet with FPL. We met with the specialist under the streetlight divisions. And where all these assets will be transferred, it's his division. We asked them specifically if they do not do a photometric study for an entire area. They might come out and do a photometric study of one location. If they had a light there and they had a complaint that it wasn't... Sufficient in some way or deficient in some way they would come out and do a photometric study of that one area, but they won't do a full analysis of the island and say you're deficient here there.

Yes. And just to fully understand the timing here when we talk about the design since all the streets that are covered or standardizing. we're if we move forward with this and we're transferring this stuff you know we are transferring them a full package of what we want the island to look and feel and the standardization of those lights or are we then beholden to what they decide they want to do to our island that that's part of the agreement that we would we would make a decision we'll protect that in our agreement so in essence there are almost three future decisions one is do we want to absorb special taxing districts first decision and that's going to have to be in ordinance so that'll be

That'll come in front of council. The second one would be, do we accept the new plan and design for the additional blue lights? And that would be the blue arrow down at the bottom. I got it. And then the third decision, if the answer is yes to both of those, would be, do we want to put it all together into a package, working with FPL, that sets an agreement, which would be, you have this pole, we'll buy it, we'll upgrade it, we'll put LED into it, and then we'll operate it, maintain it going into the future. That's what we currently believe we're going to go, but we're going to determine how much that's going to cost, whether that's feasible, whether we want to do it, and that'll be the final cost as to whether we want to approve that agreement. So three additional opportunities for the council to see this as it goes forward.

But Steve, just a question. Are we coming at just what if we did move forward with this design and assuming that the design move forward, what's the cost of all the lights, the new lights that we have to buy? We don't know right now. Okay, but don't you think we should start from the concept of what it's going to cost us at the end result versus spending the money to do the design before we know roughly what the budget would be for the ultimate lights where the lights are $1 million or $2 million, I just think it would be good to know what that number looked like before we started spending money on designing things.

They're saying they don't know how many lights we need until we do a study, because you can't have somebody just walking around the street and saying, it's dark here, you need a light.

But once we know how many lights we have, there's a delta between the type of light, right? There's a cost differential between one light and a second light, a different type of light.

Assuming we standardize on something that we like. Right. Don't we have a rough one?

They owe us a 30, 60, 90 design criteria as we go through. Correct. So at 30%, they'll have a pretty good understanding of how many lights we need and what that cost estimate would be.

I just think it would be a good idea, prudent idea, to know that if, I mean, we should have some general understanding. Do we need 100 lights or do we need 200 lights? And we should know generally what that cost structure would be before we spent money designing something. I'm just kind of just thinking we're going at this a little bit.

That's what a 30% planning design is, is to...

But so, Steve, we have no idea. The photometric study... and see where dark spots are and count the number of dark spots.

I get it. We don't have an idea of where and how would we get an idea. What would be the process to get the idea?

What does that cost? It costs, right?

I mean, I'm just trying to walk the dog here, basically. Because I hear, and I appreciate that, because obviously we're trying to be responsive with money, but I hear this a lot. It's very expensive. We don't know what it's going to cost. But I hear staff saying, well, this is what we have to do to find out what's going to cost. So I appreciate the question. And I understand it's a very important question because we're all very fiscally responsible for everything. But we have to also understand that there's a process to get to understanding what the cost would be. It's like taking your car to the mechanic and figuring out what the cost is going to be to repair your engine. You've got to pay him a few hundred bucks to figure. But you know what your car costs.

This is a huge good conversation, but right now it says the photoelectric study is $1,500. So at that point, Chris, do we know how many lights that were deficient?

We'll know how many areas were deficient in lighting, correct? But I won't know how many lights until he starts looking at it in his design study.

But can't you make a general, not you, but can't they make a general educated ballpark? Estimate with the photometric study.

So we were only $15,000 engine We have an idea if it's gonna be a five million dollar project or five hundred thousand dollars And that's why I set up the contract as a time and material So if we get into this and he's 30% into design he comes back to me and he says look I'm looking at this and it's a possibility that we're gonna need 500 lights to throw a number That state basically that that is a 30% design correct

Well, you know, there's two ways of looking at it. One way you look at it is government. You spend $360,000, and somebody tells you, it gets all done, it's going to cost you another million dollars. And you look at a developer who's doing a subdivision, and he sends a guy around at night, and he knows that a light covers an area of 15 or 20 or 30 or 40 or whatever number of feet it is, and he says, okay, well, we're missing one here, and he counts them all up and says, approximately we need 240 lights. Maybe it's 220, maybe it's 260. And then we have some idea for a ballpark price, what Mike was talking about, before you spend 300 and some thousand dollars. I think that's what you're talking about, aren't you, Mike?

Councilmember, I think you're missing what the director is saying. This is a time and material. I understand what he's saying. But we've got a step-by-step process. This is no different than a developer does this. They ask someone to do something. They ask them to come back and say, can you do an initial estimate? Can you give me an initial sketch as to where you think your lights are? And what would that cost? And that's exactly what we're doing here.

When you do that with a contractor, and he comes back and gives you a price, you don't give him $300,000 upfront to give him the price. We're not giving him $300,000. This is time and materials.

I guess, Chris.

I've said enough. We're just asking for you to approve the entire project, because this is the estimate to do it. I guess I'm misunderstanding your question, council member.

Go ahead. Go ahead. So Steve, just maybe make it a little easier. How much money do we have to spend approximately to know how many lights that we are deficient? Do we have an idea of what that is? Because right now it says $15,000 for the photo mix study. Do we have to spend another $150,000 to get the design, to get a number, or not? It's $50,000.

I'll stop talking. But if it's $150,000, we should talk about it.

We have in the packet BCC's proposal.

I'm sorry.

I looked for that work order. I couldn't see it. It doesn't have a cost associated with it.

His proposal doesn't have pages, but it's fee and billing. 30% design is $47,000. Yes, 30% design is $47,000. If he takes it to 90%, it's another $50,000 on top of that. So for roughly $50,000, we'll know how many lights we need. Approximately how many lights? 65. 15 plus. Right.

Ed, $65,000 to know how many lights we need.

Correct. To know how many lights we need and then to give you an estimate of what it might cost.

$360,000, whatever it is.

It's an amount not to exceed $360,000. Correct. The entire project. Okay. But I have a question on the deliverables.

Yes.

The order of the deliverables is... Okay, number one is the street light ownership. I get that because that's the basis of all this But why are we as the second deliverable? doing the financial ownership of the transfer And not doing the photometric analysis until we get to deliverable there no they're running concurrently It just gives you the duration per task I

If you look at this slide, that's the implementation schedule. So the photometric analysis is running pretty much at the same time as almost the 30% design. As that moves forward, then the implementation moves forward. But the due diligence they're looking at and then the analysis of ownership and transfer, that's the first step.

And I would even say we could move the photometric study back to the left.

It could move to the left and begin in February. So this timeline, by the way, I apologize, it says January. This was provided to us, but this was from when we first brought this to council back in November.

But the principal goal is to address the deficiency of the lights on the island. Correct. Okay. It's not transferring the asset. I appreciate that that's it. But the real business decision we have to make is what it's going to cost us to deal with the deficiency of the light, right, Joe? Right. That's what our customers are looking to get to, right?

And just to give a little bit of background, this has shown up on two of the surveys that we have done, and it was a high priority at both times that it came up. I agree. People wanted us to address streetlights.