City Council - Regular Meeting

Tuesday, February 10, 2026

The Key Biscayne City Council approved advancing a village-wide utility undergrounding program and increased business tax rates. Public comments were dominated by strong support for the Key Biscayne Soccer Club, prompting the scheduling of a dedicated workshop.

About this meeting

Government Body
City Council
Meeting Type
City Council
Location
Key Biscayne, FL
Meeting Date
February 10, 2026

Transcript

746 sections

0:01Speaker 33

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

0:07Speaker 33

Council Member Bracken.

0:09Speaker 33

Council Member Kaplan.

0:11Speaker 33

Council Member London. Vice Mayor Sardinas. Here. Council Member Stoner. Present. Council Member Boscos.

0:19 – 0:47Speaker 33

Mr. Mayor, we do have a quorum. Please rise for the Pledge of Allegiance. We have an invocation by Pastor Tony Gowdy, Crossbridge Church, Key Biscayne.

0:48 – 1:29Speaker 5

Good evening. Hey, Nancy. How are you? Let's pray. Gracious God, we are thankful for the opportunity to gather today and for the responsibility we share to serve others well. We ask for wisdom beyond our own understanding, for clarity in our decisions, and for hearts marked by integrity, compassion, and courage. Help us to listen well, speak with respect, and to seek the good of all, especially those most affected by the choices made in this room. We ask for your guidance and your peace as we move forward together. I pray this in the name of Jesus. Amen. Amen.

1:33Speaker 33

Next item, brief comments by counsel.

1:41Joe I. Rasco

As I said at the State of the Village, I would forget something, and I did, and that was to thank our clerk, who does a marvelous job putting the whole thing together, so.

1:51 – 2:03Franklin H. Caplan

And the certificate givers, outers.

2:04 – 2:21Joe I. Rasco

Yes, everyone did a great job. Okay, let's go to public comments. Melissa Jimenez.

2:28 – 2:42Speaker 34

I am coming with quite a group. Thank you, everybody, to be here. Just a quick question. Last time that I attended one of these.

2:42Speaker 33

Your name and address, please.

2:44 – 4:56Speaker 34

I have to, exactly. I wanted to ask if I have to give my name and address. Okay. My name is Melissa Yauri Jimenez, and I live at 177 Ocean Lane Drive, apartment 106, Key Biscayne, Florida. I am here representing approximately 24 families whose children are currently in eighth grade at Key Biscayne K-8 Center. Last year, when families from Class of 2025 received their mass admission results, very few students were accepted on March 15. Many were placed on a wait list for at least two months, creating significant uncertainty for both the family and the children. As a result, several families were forced to make the difficult decision to leave Key Biscayne. We are here today to respectfully ask for your support in ensuring that our children are given a fair opportunity and appropriate priority, please. So we do not experience the same situation again. Many of these students are also applied to Catholic schools. They worked extremely hard, but due to intense competition, only few were admitted. And even those spots are uncertain. Families are very worried. For the past three years, my friend Agustina and I have served as room parents and have worked tirelessly to build community and keep families engaged. Today, we're simply asking that you stand with our children. We are not here to create any type of conflict. We do not want any repercussions. We believe in our kids, and we believe in working together. And that's what we've been doing for a very long time. Thank you very much for your time. We sincerely hope that when the results come in March, our families can finally receive positive news and we as parents can finally breathe and relax. Thank you so much. And thank you for all the work that you've done here in the key for this purpose and all the other purpose that I know it's a lot.

4:57Joe I. Rasco

Thank you very much. Next, Monica Ordonez.

5:14 – 7:13Speaker 13

Good evening. I'm Monica Ordonez, 141 Crandon, apartment 234. Good evening, mayor and council members. I'm a mother of two boys, ages 15 and 17, who have grown up in Key Biscayne Soccer Club. Our youngest began in PUE, progressed through intramural, and since 2018 has been part of the competitive program. Each level has played an important role in developing him as a player through merit-based competition. I am here tonight because it is concerning to hear a commissioner with voting authority publicly express a preferred outcome before the VAB has completed its evaluation. In a recent Islander News article, Commissioner Stoner stated that the village's role should be limited to intramural soccer and that families seeking higher level play should look off island. Our youngest son currently plays in the 2010 academy level. His team was here a few weeks ago. They finished 20, 25, ranked number one in the nation through God's soccer. We won regionals last year and will complete in nationals again this summer. As he enters his junior and senior year of high school, it is disheartening to think that the village may end the very program that has taught him discipline, accountability, and hard work. Suggesting these players simply look elsewhere for a team ignores a reality that many will not find comparable opportunities, not to mention that you would be taking away their chance to represent their home team, a club they have given their all since many were five years old. Key Biscayne Soccer Club fosters a unique community environment where children grow alongside classmates and neighbors, strengthening social bonds while developing athletically. Over 1,000 children participate in this program. Rather than limiting access or penalizing kids for the program's popularity, the village should explore options on how to expand field capacity and meet growing demand for soccer and other sports. Key Biscayne Soccer Club is one of the main reasons my family loves Key Biscayne. It has helped shape our children to responsible young adults and has given us friendships that we now consider family. Thank you for your time.

7:14Joe I. Rasco

Thank you. Lee Oden.

7:33 – 11:15Speaker 6

Lee Oden, 200 Ocean Lane Drive, apartment 405. I am speaking about a topic of other business, what the village will do for the World Cup. The January 13 council meeting announced the committee is at work. I am asking that the next council meeting have the committee report on its planning. Creating the village, mast, the shoreline, spending hundreds of millions of dollars on resiliency, some were or are better dreams than others, but the village was willing to thoroughly investigate them all. I had a very, very tiny dream about the World Cup, and I am not sure that the village thoroughly investigated it. Last spring, I proposed my dream. Last fall, my dream was rejected. On both my proposal and my reply to the rejection, I copied the same council member. I am summarizing my dream, which can be considered as two separate components. Everyone in the village should be for component one, which is sell thousands of t-shirts for the benefit of Key Biscayne soccer teams. I leave it to experienced licensing lawyers, but I believe some version of the below could easily be done. The back of the shirt would be like those shirts many of us bought at rock concerts that listed all the tour dates. These would list all the games to be played in Miami. The front and potential additional back design would be selected after a t-shirt contest similar to that of the July 4th competition. When the final design is announced, orders will begin. These could be shirts in Key Biscayne blue. But there would be various country colors, such as those of the US, Argentina, Brazil. There would be no country lettering and no soccer federation markings, just colors. If having country flag colors were a licensing issue, the shirts could be in various solid colors. I could imagine various release dates. I could imagine shirts purchased by soccer players, students, families. I could imagine many of us owning many shirts. And when I hear of unhappiness because children cannot play soccer where and when they want, I suggest these shirts would help unite youth soccer. My dream and vision that shirt orders would already have begun. With four months to go, I believe the village can still design and sell many shirts for the benefit of Key Biscayne soccer. Component two is showing at least the Miami games on one or more large screens on our soccer fields. Component two can be rejected because of various constraints, licensing, cost, staffing, security. but it offers the opportunity for a shared community experience and very likely will help local businesses. I expect the Key Biscayne July 4th celebration will be extra special for the country's 250th year. The village could consider the World Cup as part of a month-long 250th celebration.

11:16 – 11:30Joe I. Rasco

Mr. Oden, can you wrap up? Thank you. Thank you so much. Good input. Next speaker, Fabian Rivero.

11:35 – 13:29Speaker 15

Good evening, everyone. I'm Fabian Rivero. I live at Harbor Lane, 690 Harbor Lane. I'm here to speak as well as just our fellow neighbor about the soccer recreational club that we have here in Key Biscayne. I just want to speak from my personal experience. We moved to Key Biscayne in 2022, and I'd say if not the main reason, one of the most important reasons was actually the soccer club that we have here. Our oldest son, we have three kids, 12, 8, and 4. Our oldest son started practicing and came, showed up to the soccer events and to the soccer trainings and everything that was going on. And he just loved it. And after we started house hunting here in Miami, it was a must that we had to move to Key Biscayne because that's where we knew that our son and the other fellow sons as well, they were going to be very happy about it. And if we ask me today, one of the cornerstones of us feeling how we feel in Key Biscayne and loving Key Biscayne the way we do is actually the soccer club. And that's a big part. And that's cornerstone of the community sense that we have in Key Biscayne. If you ask me, one of the main differences of Key Biscayne as a neighborhood here in Miami is is that sense of community. And a big part of that sense of community is the soccer club that we have here today. Again, I have three kids. They're all practicing sports here. They're very happy they're part of a team they're recreational and competitive as well, which is very important, helping them develop different skills. And they just love it and we want to continue with the same club, we have today, I think that it should be used as and we need building blocks to improve what we have today. For example, as it was just mentioned that we need more fields and everything else will continue improving, but on top of what we have today not destroying something that's very important for us as a community. and not only for the kids, but for parents as well, because part of us parents getting that sense of community and being part of it and also getting to know the parents and the neighbors that live here in Keepskein with us is actually showing part and being part of that soccer clubs that we have with our kids through our kids here in Keepskein. So please let's build on top of that and let's not destroy something that's very important for us and for that sense of community that we have today here in Keepskein.

13:30Joe I. Rasco

Thank you. Next speaker, Sandy Wallen.

13:38 – 16:44Speaker 4

It's my first time doing this. My name is Sandy Wallen. I live at 270 Hampton Lane, and we've lived there for 36 years with our four daughters. Now I have three of my grandchildren living with me. They're boys. I have... seven grandkids, one girl, six boys. So needless to say, I know nothing about boys. But what I have come to learn is you cannot have a front yard with soccer players, with baseball players. They're constantly out there digging holes with their shoes. So over the past five years, my husband Peter and I have, we had a pristine garden when the girls were growing up. Now it's just a dirt pit. And I just don't know what to do. Last year we changed, we planted grass two times. Every time, it's thousands of dollars. So this time I said we have to think of something that would be safe and environmentally pleasing to the neighbors, because I'm sure my neighbors would be the first ones to say that she needs the grass. So anyway, I wanted to show you that I did some research. And this grass is one of the most natural looking grass. It has a little bit of like a brown in it. So from this side, it's it would be to the street, and this side would be to the house. So you have the nicer view from the street, which is really nice, in my opinion. So I think that's just about it. And the kids can play on it. My six grandchildren, boys, will be very happy. And I'm so sorry that I am up here speaking about my own kids when everybody else is speaking about other children and soccer. My one grandchild, Pierce, is on the Key Biscayne soccer team, traveling soccer team. So we always like to keep the community happy, and I appreciate the aesthetics of it, but this would be something that, some way to keep the community happy being my neighbor.

16:45 – 16:59Joe I. Rasco

Thank you, thank you. Thank you. Okay, we got a family affair here. Julian Joffre.

17:10 – 19:06Speaker 27

Good evening council members. I'm Julian Joffrey from 710 North Master Drive. First, I want to thank you guys for your time tonight. I'm here to talk about the Key Biscayne Soccer Club. So I've been in the club since Pee Wee is three years old. And since I've been there, I've graduated from Pee Wee to travel and all the way to the academy team. And I've just always been so happy to pass by Village Green and see all the coaches I've always had in those early days, and they've always motivated me when I went to competitive travel. And it's always been nice to know that we've always been such a big, nice family. For the last five years in competitive travel, I was part of the B teams, and I learned how to compete, develop at the pace that was right for me, and become a disciplined student athlete and have a lot of fun along the way. My coaches have always been supportive and motivating. My goal has always been to make the Academy team, and this year I did. Throughout the year, we've done a lot of achievements. And last weekend, we even made nationals. And we'll be supporting and we'll be representing Key Biscayne, Utah this July. When I read in the Islander News that the idea that was shared by council to me looking about having academy teams leave the island, I was quite shocked. Right now, I can manage my schoolwork, soccer well, but having to leave the island is quite hard for me to manage all that. And also, if I'd have to leave the island, I won't be able to play with my friends from Key Biscayne and representing my home when I compete. The Key Biscayne Soccer Club has always been one big family to us, and many of us don't want to break it apart. This program has always been effective for all levels, and our hope is to stay together from peewee to competitive. I truly think that we can reach goals that we set for each other, and my teammates and I are proof of that. Thank you.

19:06 – 19:21Joe I. Rasco

Thank you, Julianne. Great job. Okay, now Ricky Joffrey.

19:22Oscar Sardiñas

That's a tough act to follow.

19:24Speaker 7

I don't know if I'm going to be able to handle it.

19:28 – 20:54Speaker 30

Good evening, everybody. My name is Ricky Joffrey, 710 North Masha. My message is very simple. It's more of a public service announcement to our soccer community and our community at large. I'm a part of a parent committee, along with Elena Almador, and we act as liaisons for parents to the club. We offer ourselves as an avenue for parents to express any issues concerns, suggestions, anonymously, which is a concept I take very seriously, and so does Elena, if they choose. I believe getting more awareness of mine and Elena's availability to our soccer community goes a long way towards building stronger relationships all around including with the Village Council. So in light of all this, I'm going to ask Marcelo to go ahead and send out our information, our contact information to our community so that it's easily accessible, as there's a lot of focus on this right now. And I hope that people take it seriously. Whenever there is some issue or conflict or something that needs to be brought to the attention that might be sensitive, that somebody might not want to bring directly to the club, but maybe as somebody who's been involved with the club as long as he was three. So with that, thank you very much.

20:54Joe I. Rasco

Thank you so much. Dana Joffrey.

21:04 – 23:10Speaker 1

I saved the best Joffrey for last tonight, unless Lourdes comes up. Dana Joffrey, 710 North Mashta. Good evening, council members. Thank you for your time tonight. The current review process of the Key Biscayne soccer program has come as quite a surprise to many soccer club parents. We've had numerous conversations wondering why the council would choose to put a successful 15-year program under review. Hundreds of families, including my own, are very pleased with the current management. and my family in particular has been part of the club for 11 years. During the January council meeting and last week's Village Athletic Board meeting, we heard statements that issues have arisen and not all families are happy. As a former team manager for my son's teams for five years, I understand that no program is perfect. However, I believe the most productive first step when concerns arise is to open a dialogue directly with the club to understand and address specific issues. Moving straight to a formal review without that ground-level conversation creates uncertainty and concern among the families who rely on and support this program. As my husband mentioned, currently there is a two-person parent panel that allows families to raise concerns anonymously. if they're uncomfortable going directly to the club. Over the years as a team manager, I've facilitated many parent meetings, and the club leadership has consistently been open-minded and responsive in working towards solutions. Since this review is already underway, I respectfully suggest that the council consider holding a concurrent roundtable discussion with families who have shared concerns. Including the club's management in these conversations would ensure transparency, encourage collaboration, and lead to more constructive outcomes. Skipping this step makes the process feel incomplete and leaves many of us with more questions than answers. It doesn't seem effective to potentially modify or replace a longstanding successful program without first engaging directly with the people who run it and the families it serves. Thank you for your consideration.

23:10Joe I. Rasco

Thank you for coming. Wendy Hernandez.

23:29 – 26:28Speaker 2

Good evening, and thank you for allowing me to speak. Before joining, keep your name and address. Oh, sorry. I'm sorry. Yes. Wendy Hernandez, 119 Southwest 21st Road, Miami, Florida 33129. Thank you. Before joining Key Biscayne Soccer Club, my son Adam tried out for four or five different clubs. We approached this process very intentionally. Our number one priority was not prestige, branding, or promises. It was whether or not the club operated as a true program, not simply a bid for new registrations. And that is what we found at KBSC. From the very beginning, the difference was clear. The trials were intentional. The staff knew exactly why they were evaluating Adam, what role they were looking to fill, and how he might fit in with the team. No other club demonstrated that level of care, clarity, or purpose during the trial process. I also want to be clear that Adam was offered roster spots at several top tier clubs, including positions on top level teams. We made a deliberate decision not to pursue those offers because they would have placed him in environments where development was second to roster depth, and that was not the case here. In KBC, we saw something far more valuable, a program that genuinely recognized him, understood how to develop him, and was willing to invest in his growth. That balance between player, role, and development is exactly what youth sports should be. Adam tried out alongside recreational players from within the club as well as players from outside the organization. He was selected through a process that was clearly purposeful and deliberate. The administration even scheduled friendly matches with the existing team to ensure that the boys being selected had real chemistry with those already on the roster. In my experience, this level of diligence is rare, even among major clubs. No one else did this. I have been part of other clubs. I have been recruited. I have been sold promises. And that includes programs with international recognition, where the name alone carries weight, but the substance did not compare to what we found here. What sets KBC apart is that it has been genuine, transparent, and consistently centered on what is best for the children, not what looks good on paper. I continue to be impressed by the investment made in these boys, from physical training partnerships like 54D, all offered at no additional cost, to engaging with platforms that help players meaningfully connect with coaches as they pursue collegiate opportunities. These are not superficial additions. They reflect thoughtful, long-term commitment to the player. This is our first year at KBSC. Our only regret is not giving this club a chance earlier in Adam's soccer journey. We have something special here, an incredible gem. And I say this with confidence because I have experienced different levels of youth soccer. This is exceptional, not because branding or promises, but because of the people, the leadership, and the integrity of the program as it currently exists. I respectfully urge you to protect what is working. Sometimes you don't realize how good you have it until it's gone. Please don't let that happen here. Thank you very much. And Adam just wants to read a short little thing that he wrote.

26:29 – 26:50Speaker 24

Hi, my name is Adam, and I'm 12 years old. I play on the U13 Elites team at Key B. Skane Soccer Club. When I tried out, the coaches really paid attention to me and helped me understand how I could improve. I feel supported here, and I've grown a lot as a player and as a teammate. This club makes me want to work harder and be better every day. I hope I can keep playing and developing here with my coaches and my team. Thank you for listening.

26:50Joe I. Rasco

Thank you, Adam. Adam looks like he's 18, all right?

27:00Edward London

Must be feeling good.

27:02Joe I. Rasco

All right. Sophia Cheka.

27:15 – 28:41Speaker 28

Good evening, my name is Sofia Chica and I live at 345 Westwood Drive in Key Biscayne. Thank you for giving me the opportunity to speak today. I'm here to represent the girls who play soccer in Key Biscayne. I started playing in this club when I was seven years old and over the years I have made a lot of improvement, not only as a player but as a teammate and a person. Girls soccer is an important part of our community and every week girls across Key Biscayne show up to practice ready to work hard learn and improve. We train seriously, support our teammates and play with pride for our village. My team is like one big family. We encourage each other, push each other to be better and celebrate together. As players, we are motivated to keep improving and to help make the girls program more competitive. So we can continue growing our skills and proudly represent Key Biscayne. while appreciating everything that already exists in our club. Soccer teaches us more than just a sport. It teaches us teamwork, responsibility, confidence, and leadership. Through soccer, girls learn how to set goals, stay disciplined, and believe in themselves, both on and off the field. The girls who play soccer in Key Biscayne are committed and motivated, and with continued support, we can keep growing the program, improving our skills, and representing our community in a positive way. Thank you for listening, and thank you for supporting youth, sports, and girls soccer in Key Biscayne.

28:41Joe I. Rasco

Thank you, Sophia. Thank you. Elena Amador.

28:58 – 31:30Speaker 3

Good evening. My name is Elena Amador. I was named already by Ricky. And your address? 230 Sunrise Drive. Thank you. I'm a mom of four children. Three of them have played competitive soccer at the Key Biscayne Soccer Club. So I know how this, you know, goes. But now I talk as the team manager of the girls elite team, which is Sophie's team as well. So as well, I'm part of the parent committee, which really we enjoy having this extra communication with parents. And if it needs to be anonymous, it is like that. But it's an open conversation always to serve and to have a better communication between parents. I want to take a moment to express my strong support for the girls competitive program at the Key Biscayne Soccer Club. My daughter has been part of this club since she was six years old. It's the same team that Sophie named. The core team of these girls has been together since Pee Wee. Then they grew together as being the first competitive girls soccer at U9. And then they now have a very strong elite team in playing a U13. They are competing in state cup this current year. Over the years, soccer has become much more than a sport for her and for my family and many families in the community. It has been a place where, now I'm going to talk specifically for my daughter, a place where she can learn discipline and confidence. She's now in U13, and what makes her group truly special is what I just said about the core team. that they have been growing up together, competing, and side-to-side building strong bonds and trust in each other. And that wouldn't be possible if the Key Biscayne Soccer Club hadn't been supporting the girls' team and the girls' program. This competitive program gives our girls the opportunity to challenge themselves, learn how to have a you know, to face losses and character inside and outside the field. I truly believe this program is essential to their development. I am grateful to the coaches, the club, and the families that make this possible. Thank you.

31:30Joe I. Rasco

Thank you. Andy Herrera.

31:44 – 35:18Speaker 29

Andy Herrera, 923 Crandon Boulevard. Good evening, council, village manager, and village attorney. It's a pleasure for me to be here tonight and listen to all these wonderful opinions and belief of our community about the Key Biscayne Soccer Club. I'm here tonight not to say all the good things about that. I'm here more to express transparency, especially to address to the village attorney this main concern that I have in the past related to the Keynes-Higgins Rocket Club, preserving high standards in any future RFP process. As part of any future review or quotation request for proposal, we respectfully urge the council, staff, and advisory bodies not to downgrade or to dilute the professional, operational, and developmental standards required of any prospective vendor. If the village elect to explore alternative providers pressing expect that any such provider will be required to meet or exit the high-proven standards demonstrated under the current QSK socket crop program leadership, including comprehensive program management, certified professional coaching, age-appropriate player development pathways, financial and operational capacity, and documented records of success, at both expenditure and competitive levels. Lowering qualification thresholds, redefining or structuring an RFP in a manner that accommodates less qualified applicants or bidders aligned with outside interests will risk and undermine the program quality for public confidence. The community's interest is not to reinvent the wheel. but to protect and build a model that has been independent and validated through many years with participations and good results. The second point I would like to bring is something that is really stronger. Conflict of interest safeguard during the council discussions, seconding, and policy direction. We also respectfully request heightened attention to conflict of interest safeguard at the council level, particularly during discussion, motions, and seconding of motion and policy directions related to the Keep Scaling Soccer program and the implementation. When council members participate in shaping, advancing, and seconding or directing the views of policy actions that may materially affect a long-standing vendor program, it's essential that any actual or perceived overlapping interests be clearly disclosed and appropriately managed. This includes situations where the council member may be a professional, organization, or program involved in youth, recreation, after school activities, or sports activities that could be reasonably perceived as an interest with decisions affecting the KBC soccer program. Even where no proper intent exists, participation in discussion, seconding, or policy directions on the social good can create an appearance of divided loyalty, which may be undermining public confidence and the fairness of the neutrality of the process. Best governance practices, therefore, are called for clear disclosure, careful separation of roles, and consideration of recusal. where appropriate and particularly at the earliest stage where the policy discretion is being framed.

35:18Joe I. Rasco

And the wrap-up.

35:19 – 35:42Speaker 29

Ensuring that council, the relations and implementation directives are free from both an outward perceived conflict of interest, protects the integrity of the process, the credibility of the council, and the trust of the community, especially when decisions affect only your children's and a successful contract compliance program. Thank you so much. Thank you. And hopefully you guys will implement and listen. All this is very important for the future of the program.

35:42Speaker 29

Thank you so much. And especially for you, Mr. Attorney.

35:46 – 36:04Joe I. Rasco

Okay. That's all I have on the sucker. Just so you know, it's not on the agenda today. We appreciate your coming out and giving us your input. You're the liaison, right?

36:04Nancy Stoner

I am the liaison. Can I make a comment?

36:06Joe I. Rasco

Yeah, go ahead. I think that would be appropriate.

36:08 – 37:09Nancy Stoner

One comment, and that is I have not espoused, I think something I said was misinterpreted and turned into some misinformation. I have not espoused dismantling the program, and I have not espoused and do not suggest that the elite and club level go off the key. I did bring up the question of whether we should restructure the program, and honestly, we have not had an opportunity to understand and investigate and explore what restructuring means. So I know the suggestion might be raise concerns, but no one has to worry that they have to go off the key or they're going to lose their coach, because that is not what we are going to be looking at. And nothing is going to happen without input from the community. As a matter of fact, later on in the meeting, I am going to request that the council set a workshop on this issue. So thank you for your concern.

37:09Joe I. Rasco

And the VAB will continue to be involved as a sounding board. Okay. Thank you all for coming.

37:18 – 38:14Speaker 18

Mr. Mayor, may I address the two issues? One was the eighth grade KBK and MAST and then also the one World Cup. Just to give an update to the individual. Okay. All right. Just for an update for the public. So we are, as we did last year, and a few ladies in the front row, are working very closely with MAST. And last year, obviously, we changed a little bit what we did, and MAST had to catch up with a new principal. But we will be meeting with him in two weeks so that we're going to start really early. So we'll make sure we work on that. And secondly, I think it was Mr. Oden, we do have a World Cup committee in place. Todd is working that. And if he, I don't see him, but if he would get with Todd, we'd be happy to get his ideas as part of the committee to get these going. And we're excited about celebrating the World Cup, our 250th anniversary, and Key Biscayne's 35th anniversary, all three of them.

38:17 – 38:34Edward London

What Sandy wants, I think, is... To be able to do this, I think we have a zoning code which says you can't do it, correct? Right, on the front yard. So her avenue was to file for a variance. Is that the idea? What does she do now if she wants this? That's what she's here for.

38:34Joe I. Rasco

Yeah, why don't you talk with Jeremy? Okay. Do you have a sidebar with Jeremy? And see if we can help you out. Thank you.

38:44Edward London

Go talk to Jeremy.

38:47Joe I. Rasco

You're welcome.

38:49Speaker 13

How do we join the committee about the soccer club that you say is going to be formed? Who should we reach out to?

38:56 – 39:19Joe I. Rasco

I think what the councilwoman is proposing is to have a workshop. That will be open to the public. That will be announced. We always announce everything on Village Connect. We announce it at the entrance. It'll go through different channels. Thank you.

39:20Nancy Stoner

I'm sure that Todd will let Marcelo know, so he'll let the club know.

39:25Joe I. Rasco

Thank you. All right. And last but not least, Luis de la Cruz.

39:47 – 42:38Speaker 16

OK, a little change of pace. First, I want to say that, obviously, I am very much in favor of the Resolution 10A. After 15 years of talking almost every meeting about undergrounding, I am hoping that you guys will finally make the decision tonight to proceed with undergrounding our power. I don't know what the discussions have been with regards to Comcast and AT&T and such. But personally, if I was in charge, I know what I would be doing. And it would be negotiating with them maybe something different than what they have until now. Anyway, thank you so much for bringing that up. I'm pretty sure that it's going to pass. So excellent. Just as important as that. is making a decision with regards to our storm drainage. We presently have a very qualified, very experienced engineer putting together the right plan for the village of Key Biscayne. And I urge all of you to get this plan going as soon as possible. It has to happen very quickly because of certain things. First of all, there's an election in November. And if that plan was not to be the successor of the other stuff that had been discussed before, there is plenty of people that are very excited about a referendum. I wouldn't want to have to have a referendum. I know what a referendum does to the community. Unfortunately, it may be the only way to get reality and to get the right things done here at this particular time. But in order to do that, there's time limitations where You have to put, you know, obviously you have to hire counsel. You have to put together an ordinance that you're going to propose in the referendum. And you have to do that way before November. So I really strongly suggest that by March 10th, you guys make this decision. And I know that it's hard for you guys to make decisions. But this one is a very important one. Because if not, a lot of people are going to be up in arms. And a lot of people are going to be back and forth with each other. It's not going to be a nice thing here. And I really, really want to get past this issue. It's the right thing to do for the village of Key Biscayne. I am absolutely sure of that. Please, let's get it done. Thank you.

42:38Joe I. Rasco

Thank you. Okay, public comments is complete.

42:48Speaker 33

The next item is the agenda, approval deferrals, additions, deletions, substitutions, and withdrawals. I have an addition.

43:01Nancy Stoner

For council comments, a discussion about a workshop for soccer.

43:10Fernando A. Vazquez

I also have an addition. I'd like to introduce an item.

43:13Joe I. Rasco

Okay, hold on, hold on. Discussion.

43:19Speaker 33

I also have some items that.

43:21Joe I. Rasco

Soccer. Workshop, I guess. Yeah. Okay. Okay. Yeah, Fernando.

43:29Fernando A. Vazquez

I'd like to introduce a discussion item on traffic calming.

43:32Joe I. Rasco

Discussion on traffic calming?

43:37Fernando A. Vazquez

Yes, village-wide traffic calming.

43:39Joe I. Rasco

Calming, okay. Very good.

43:42 – 45:31Edward London

Ed? I have, I think you all have copies, which I sent you about an hour ago, but I guess I should read them for the record. One, a motion for our attorney to draft to advance the decision date to determine the plan, either ACOM or GIT, to be used to improve storm surge range in zone one to a meeting date no later than March 10th, 2026. Two, to modify the resolution concerning undergrounding. A, to delay the vote on motion until after or at the same time the decision on which storm surge plan is decided but no later than March 10th, 2026. B, to clarify the undergrounding decision to only include complete undergrounding and not to consider the hybrid system originally proposed by FP&L. I think what's proposed here is open-ended, so therefore I want to make it clear that we're just talking about complete undergrounding, not a hybrid. C, to include Zone 1 and to prioritize Zone 1 for construction. And then third, to request the manager direct his code compliance department to survey all street crossing intersections in Key Biscayne for compliance with the setbacks in our zoning code. This is primarily because the sight lines were very dangerous at a number of intersections. a notify all property owners who are not in compliance and be Provide a list to all council members of non-conforming property and council consider proper remedial action for non-conforming properties So these are the things the three items. Okay. Thank you.

45:31Speaker 33

These are three discussion items.

45:33 – 45:52Edward London

Yes Well, actually I need a do we need a a What do we do? Your motion. The motion to get Chad to write up a resolution for the next meeting. We'll discuss it when we get there. Okay, then you make a motion afterwards. And you can make a motion.

45:52Speaker 14

Thank you. Or it could be by consensus. It doesn't have to be by a motion. Okay.

45:57Franklin H. Caplan

Right. Picking up on the manager's item at 11A1.

46:07 – 46:37Franklin H. Caplan

I wish to... suggest that we add a response to his request okay uh this would go at item 10c seems logical place to park it to reconsider the uh two quote requirement on purchasing okay at or under six thousand dollars as the your discussion item This is going to result in a motion to take this action.

46:37 – 46:50Speaker 14

Yes, I understand. We don't need a formal resolution for that, but you can leave it there if you'd like, just under a motion. A motion to reconsider is fine. Okay.

46:51Speaker 33

All those in favor of the agenda?

46:54 – 47:24Speaker 18

One more thing, Mr. Mayor, before we would. I'd like to... proposed a change to 10 a which is the underground and to remove the words for zones 2 through 8 this is intended to be an entire village-wide program it's not supposed to be limited to 2 through 8 so it should be all eight zones okay Steve would you would you consider also modifying it to just include undergrounding specifically not I think by the absence of any other word

47:25Michael F. Bracken

Well, I think there's some concern about possible ambiguity there.

47:29Speaker 18

Well, I think that's probably better discussed when the item comes up. Okay. That is mine just to modify the words, and then obviously that can be a discussion amongst council. Thank you. If they choose to do it. Very good.

47:44Speaker 33

All those in favor of the agenda changes?

47:48Speaker 33

Opposed? Motion carries.

47:51Joe I. Rasco

All right, next item.

47:52 – 48:03Speaker 33

The next item is a special presentation, recognition of fire rescue personnel for exemplary life-saving efforts. Chief Fernandez.

48:08 – 51:20Speaker 7

Good evening, Mayor and Council Members. Joe Fernandez, Fire Chief. This evening, we're here to recognize the outstanding actions of members of the Key Biscayne Fire Rescue Department for their response to a critical incident involving an electrocution and a three-story fall. In a memo from Captain Dunphy to Chief Feeney, he wrote, on December 16, 2025, at approximately 12, 12 PM, crews from Key Rescue 1, Key Engine 2, and Car 40 responded to a report of a worker exposed to an electrical transmission line who had fallen from a significant height. The responding personnel were Captain Dunphy, Lieutenant Campos, Lieutenant Perez, Driver Engineer Costler, Driver Engineer Hotchkiss, Firefighter Costa, Firefighter Trujillo, and Firefighter Lima. The crews arrived on scene within three minutes and encountered a patient in critical condition with life-threatening injuries. They immediately secured the scene, initiated a trauma alert, rapidly assessed and stabilized the patient, and recognized the need for immediate transport to a level one trauma center. Through disciplined teamwork and controlled urgency, scene time was kept to under 10 minutes. Subsequent medical evaluation confirmed the patient had sustained severe internal injuries The crew's rapid decision-making, seamless coordination, and timely transport unquestionably contributed to the patient's survival. While the long-term prognosis was initially uncertain, their actions provided the patient with a fighting chance. The victim came in contact with high tension power lines, fell 30 feet, received countless surgeries requiring him to reach the maximum amount of units of blood to keep him alive before toxicity. In recognition for their professionalism, teamwork, and lifesaving efforts under high risk conditions, it's my honor to present a letter of commendation to these members. In addition to the official commendation, they will also be receiving the unit citation award and ribbon given to an entire unit or crew for displaying the highest level of performance as a combined team. An added note is the patient is now out of the ICU, in the plastic surgery unit, out of danger and has no physical or cognitive deficits. In recognition for that, we are presenting them with the letter of commendation and a unit citation and ribbon. And you can see a picture where they went back to visit the patient. This is about a month in, about a month ago. It's about almost two months now since the event occurred. But this is what you invest in, the level of training and equipment that you have. an absolute success and a man that's going to live a successful and productive life because of what you do and what the crew members do. So thank you. And Mayor and Council, if we can present them and take a photo. Yeah. We'd just like to.

51:41 – 53:01Joe I. Rasco

Let's go down. Captain Thomas Dunphy.

54:20Fernando A. Vazquez

That's what makes the job worth it. That's what makes the job worth it.

54:53Joe I. Rasco

All right, let's...

54:56Speaker 33

The next item is the Advisory Board Annual Report Presentations, Art in Public Places Board.

55:04Joe I. Rasco

Lourdes. You can talk about soccer, right? Yeah.

55:10 – 57:53Speaker 31

after you saw my whole family here today. I'm not gonna talk about soccer. All right. So, I'm Lourdes Joffrey Collette, 430 Grand Bay Drive, PH1C, Key Biscayne. Good evening, Mr. Mayor and council members. I'm happy to report that the Village of Key Biscayne Art in Public Places had a productive year. And it's not the end. We're going forward. Out of eight Beria Plazas, five have been beautifully restored. The remaining three, will be completed in the next couple of months. And they're really beautiful, and we're getting a lot of good comments on the plaza. So next steps, we're applying for additional funding from the National Endowment of the Arts grants. to restore to its original glory the Monaco reflecting pools by Sarah Morris. Additionally, we really need an education program to put forward all we're doing in the community and hope to teach and entice people to join in different ways. We need funding though. for an educational consultant to help bring programming awareness for the artwork, to inspire our children to love and appreciate art, and one day become members of the board. We also need funding for lighting for Jim Drain's sundial gnome, the sculpture in the park. that everybody stands up on. Frankly, we need to bring new resources so we can commission new projects to make our key Biscayne art program the best. And we can do it with your help. And I'm glad it only took a couple of minutes.

57:53Joe I. Rasco

Thank you. Thank you so much.

57:54Speaker 31

But if you have any questions, I'm happy to answer.

57:57Joe I. Rasco

Appreciate all the work that your group does. They do a great job.

58:02Speaker 31

Thank you. Thank you.

58:05Joe I. Rasco

Who's the liaison? That would be me. Okay. Proudly. Proudly, yes.

58:12Speaker 33

The Village Athletics Advisory Board presentation.

58:19 – 1:00:06Speaker 10

Good evening. Jimmy Lee, 445 Grand Bay Drive. Some tough acts to follow there, huh? Thanks for having me up here. So as you know, I'm the chair of the Village Athletic Board and took over for Glenn Waldman last year, who did this for over 25 years. Great, amazing service that he'd given to Key Biscayne. Married to my beautiful wife, Kiersey, who's here in the audience. I have three children who grew up here on the Key, 23-year-old who graduated college, living in New York City now, working private credit. I've got a freshman in college, my daughter, who's at Cornell University. I still have a 13-year-old here playing sports, but all of them played sports here. Soccer? Soccer, for sure. We can talk about that. We can keep going. But overall, I think, as we all know, sports is life. I've really enjoyed all these years living here and all my kids and myself playing sports here. It's just a great community to have that. So my kids played everything from tackle football to baseball to volleyball to soccer and t-ball and baseball. So it's a great thing. But overall, I have the pleasure of serving on my board with me is Ken Cotto, who just recently, over the last couple of weeks, just stepped down. So we need a replacement mayor, if you don't mind. Paul Zuccherini, Sylvia Zavala, Sandra Mejia, Austin McQuillan, and Jamie Tompkins. So great board that we have here. Obviously, there's some people talking about soccer, but we'll come to a good conclusion working with Nancy very, very closely. and making sure that we come to some good resolutions with soccer. Again, you know, looking through it, it's a review year. We're going to go through everything together and we'll find the best solution for everything.

1:00:06Joe I. Rasco

Yeah. And I'm sure you will work very closely with the liaison who's interested in just making this program better.

1:00:14Speaker 10

Absolutely. Absolutely.

1:00:18Nancy Stoner

Absolutely. We're in lockstep on researching and improving. Exactly. Exactly.

1:00:26 – 1:04:24Speaker 10

So we are, since the board was incepted in 2008, we're here to give an update on what happened last year. A couple things that we do on an ongoing basis, plus what we did last year as well to kind of improve everything here on the key in terms of athletics. On an ongoing basis, we review all the program's budgets and proposed structures so that we can make it beneficial for Key Biscayne residents. We provide recommendations for athletic program, capital improvements. So for example, KB, K8 improvement on the basketball courts, which we cut the ribbon for, in addition to the St. Agnes fields, which we also cut the ribbon for. Beautiful improvements. We needed those. And I think that if we can continue to find great spaces and court spaces, field spaces, it'll improve sports overall. I think our community has changed. A lot more families here and demographically. now than it was in the past so you know we do need to find more space and we're working very closely with everybody in those different committees to see if we can find more space. We provide recommendations for increased volunteer participation in all athletic programs. We try to have a board member at each one of the parent meetings whenever the season starts to encourage all the parents to go out there and volunteer more. I think Oscar knows this very well. And we go out there and we try to volunteer and give examples of doing this. And this is a great thing for the community to continue as well. improve, try to find improved ways of getting surveys. So, you know, we want all the parents and everybody involved in every one of the sports to give us good feedback on, you know, the seasons that they had just participated in. So we're trying to find better ways to go out there. We've even had people walk around with iPads and literally get the surveys at the moment as opposed to waiting for them to get emailed. You know, so those are things that we want to get you know, improvements on and get feedback immediately from parents. We conduct pre- and post-season interviews with all the athletic program directors to get their plans and their feedback on their season. We provide a couple of board members to participate in RFP processes whenever there's a renewal upcoming. in terms of their contracts. Recently selected a new volleyball head, Josh Dallenberg, great job. He's done a great job improving the program and taking over for Joanna and team that did a great job as well. But overall, I think that there's just a lot more to go in terms of that. So lacrosse is also being decided upon as we speak. And we're trying to get more feedback to improve increased participation. So Key Biscayne Community Center, we're actually putting a lot more banners up and a lot more kind of advertisements on that television right in front of the gym. And I think it's improving a lot more participation and getting people up there to sign up for these sports. Sometimes they're not aware of it, and when they see it on the screen, I think it's better for all of them to say, wow, it's interesting that there's something available. So that's something we're doing. And then obviously we're currently reviewing the soccer program, the contract amendments to improve the governance of soccer in general. And then also with Nancy's leadership, we're going out there and trying to find if there's a need to restructure anything within the program in order to get things better for soccer overall. Obviously, you heard the passion of a lot of the people coming up here and talking about soccer. It's a great program. But we do need and everybody in general of all of our sports programs need improvement. And this is a great way to approach it. So I'm jealous of this village council because you guys always have great participation. And I encourage a lot of our Key Biscayne residents to come out further and into our boards. Our next meeting is February 23rd. and I want more and more people out there giving us feedback on how we can improve these programs.

1:04:25 – 1:05:06Joe I. Rasco

Thank you. Thank you. If I could have the privilege to look at 11B1. I see that my nominee to fill this slot is here, Ernie Cambo. So if we have consensus of a council, he's got a very, very elaborate resume in sports, so I think it would be a good addition. That's my nomination. Sounds good. Okay. Consensus of council.

1:05:06Speaker 33

Consensus of council.

1:05:08 – 1:05:21Joe I. Rasco

Yes. Yes. Thank you. Okay. First ordinance.

1:05:21 – 1:05:42Speaker 33

The next item is the first reading of an ordinance of the Village of Key Biscayne, Florida, amending Section 25-31, Business Tax Schedule of Chapter 25 of the Village Code of Ordinances to increase the business tax receipt schedule rates, providing for severability, providing for codification, providing for conflicts, and providing for an effective date.

1:05:50 – 1:07:12Speaker 11

Go ahead. Good evening, Council. Jeremy Kraus-Gauger, Building Zoning and Planning Director, and overseeing code compliance where most of our work with business tax receipts resides. So this is a proposal to increase the rates by 5%, which is the maximum allowed by our code and the state code. This is a request that's following two and a half years ago. We raised them 5% as well, but it had been 20-plus years prior to that since we had raised them. So our rates are significantly lower than other municipalities, any other municipality. So this is an effort to have this be a little bit more of a self-funded program because there is quite a bit of enforcement from when we have new businesses and there's levels of review for to make sure the type of use is compatible with the building and the zoning regulations as well as recurring for checking things for like seat counts or occupancy loads. So this is an important touchpoint, the business tax receipts, for making sure we're preventative compliance so we don't have to do code enforcement. We can keep it compliant.

1:07:15Edward London

Great questions. What kind of compliance are we talking about?

1:07:20 – 1:07:59Speaker 11

So this could be... Anything where you're making sure a type of business is suitable for that location. So, for instance, if you have a change of use from, say, an office used to more than education use, we would be inquiring whether the building is suitable for children. There's different codes that apply that there's. In a case like that, that there's outdoor space for the children per county code, those kinds of requirements. If there's a change of use to a restaurant, then we would be looking at grease traps and making sure they're compliant with WASDE regulations.

1:08:00Edward London

Don't they have to do that when they get a building permit, say, to become a restaurant and change the thing?

1:08:06 – 1:08:27Speaker 11

Yes, but if you have a different type of restaurant or if you have the same building but a different type of use, That's in and not all of the you don't necessarily need a building permit for changes that would occur in a type of change of use so in those instances the btr is the is the backstop to check those so they don't get a btr how would you know the change he is.

1:08:29 – 1:08:40Edward London

They get a btr that's how that's how we that's that's how we do it guy has whatever it is now only changes the use but he doesn't go get another btr how do you know he change he is.

1:08:41 – 1:08:56Speaker 11

Well, if he doesn't, so we would check from year to year, and we check the businesses to make sure that they have anybody that's registered. How do you check? I mean, our code team is out in the community checking on these things.

1:08:56Edward London

So does every business get visited once a year to determine what they're doing?

1:09:01 – 1:09:13Speaker 11

Not necessarily. Not necessarily. We don't have like, because we have so many, the BTR also includes like occupational licenses. It includes home businesses. So we're not doing door-to-door checks.

1:09:13Edward London

So how often do these things happen, I'm really asking?

1:09:17 – 1:09:44Speaker 11

Pretty frequently, where you'll have a change of use, where you have There might be a different type of building type required or different occupancy. Certainly, it happens all the time with restaurants because of the grease trap regulations. And even if you have a change in the number of seats within the same restaurant, it could have an impact where we need to check on something.

1:09:45Edward London

How many BTRs do we issue a year?

1:09:48Speaker 11

I don't have that number exactly. It changes from year to year.

1:09:51Edward London

What you said is a bunch of them each year. Is that 5% change? 1% change?

1:09:56Speaker 11

Do we have the number? Anybody know? Do you know roughly the number?

1:10:01Speaker 17

Yeah, there's approximately 650 licenses that are currently issued. The question is, how much percent does that change per year?

1:10:11Speaker 17

I'd imagine it stays pretty constant. 1% maybe?

1:10:15Speaker 17

Sounds fair, yeah.

1:10:16 – 1:10:57Edward London

So my question is, the only reason I'm bringing this up, because I see these aren't large costs. They're fairly minimal costs for a business. But it's just one more pain in the butt and one more thing we're asking businesses to pay, because they're not represented if they don't vote. So basically, they have no choice. And they're easy pickings. In other words, we just could tell them this is it. They really have no say on the thing. So the question is really, one, should we have it at all? And two, should we even think about increasing it? That's where I'm coming from. Except that we like to get more money for the village, and it's easy.

1:10:58 – 1:11:10Speaker 11

We don't make money from it. But it is really important that we confirm that the uses are compatible with the locations. I mean, that's what zoning is. If you don't do this, don't bother with zoning.

1:11:10Edward London

The point being is if you have your code compliance people who don't even see them once a year, how do you know they're even being compatible?

1:11:18 – 1:11:45Speaker 11

So if you have a change of use, it's usually notable if it's in a commercial space, something like that. So I can tell you we have seen changes of use. And we've had to work with people to adapt buildings. So can I tell you we have 100% compliance? No, that would be silly. But what I can tell you is this is very effective in us enforcing our zoning regulations and our building code.

1:11:46 – 1:11:59Michael F. Bracken

Okay. What's the financial ramification of the change, roughly? I mean, how much revenue are we talking about? $50,000 a year? $100,000 a year? What are we? It's a 5% increase over the current value. How much is that generally?

1:11:59 – 1:12:11Speaker 17

Yeah, we collect roughly $110,000. We're talking $5,500 to $6,000 annually. It's a small amount. And the reason it's a small amount is because there were many years that went by where we did not increase that fee. So this is a $6,000 discussion we're having. Correct.

1:12:13Nancy Stoner

But you did say here that you spent $210,000 on enforcement last year, and we collected $103,000.

1:12:19 – 1:12:42Speaker 17

Yeah, I wanted to answer Council Member London's question was, you're doing this because it's easy. I'd say no, it's because we're trying to recover costs. So this fits in terms of that whole 20-point list about revenue diversification items. This is just one of those items where if you don't charge a fee enough to cover the cost, that cost ends up getting shifted on the overall tax base. That's why this is here, not because it's easy, because it's... to cover the cost of enforcing the service.

1:12:42Oscar Sardiñas

And actually there was a deficit of close to $100,000 in 2024, correct?

1:12:46 – 1:12:58Speaker 17

Correct. We'd like to get those numbers as even as possible. Because we're limited by state statute by only going up 5% every other year, it's going to take a long time to get there. The longer, and yes, it's only, I heard your point, $5,000 or $6,000, but that's why that is.

1:12:59Michael F. Bracken

So you just said we're limited by state statute to do this every other year?

1:13:04Speaker 17

Correct. And I want everyone to know that our plan is, as long as that is to the statute, to be back here every two years asking for the same 5% increase until we get...

1:13:13 – 1:13:40Speaker 11

I thought it was supposed to be revenue neutral for the whole zoning... No, so to clarify, the building department for enforcement strictly of the Florida building code is meant to be revenue neutral. But that is not enforcing... zoning regulations, it's not enforcing business tax receipts. Now, sometimes there's overlap with building code issues with business tax.

1:13:40Michael F. Bracken

The personnel overlap too, though, right?

1:13:42Speaker 11

Yes. Yeah. So we allocate time accordingly.

1:13:47Edward London

Ben, you put $200,000. We can collect $100,000. We spend $200,000, right? What do we spend $200,000 on if we don't even visit everything once a year?

1:13:56 – 1:14:14Speaker 17

So there's also the billing. There's billing and receiving. There's a clerk that monitors to make sure there's compliance that everyone has paid in. And also the code guys that he has in the field. It's not 100% of our cost. So we did allocate based on time that's actually spent enforcing to come up with that $200,000 estimate for what the service costs.

1:14:14 – 1:14:45Speaker 11

Let me clarify one point, if I may. We do visit 100% of the commercial spaces in the village in the course of a year. I can confidently say that. Do we visit? And CPA that has a home office, no, we do not. Nor an attorney that has a home office, we don't do that. And that's included in that 650 numbers. But every commercial space, every public-facing space, we certainly do visit over the course of a year.

1:14:45 – 1:15:06Nancy Stoner

Could you just explain to me the difference on the exhibit, on the... and the exhibit with the fees, the difference between the intangible or tangible personal property, which is proposed to go to $103.35, how is that different from the retail or retail stores, which is only $41?

1:15:09Speaker 11

You're talking about in terms of classifications of businesses?

1:15:11Nancy Stoner

Yeah, I don't understand what the difference between the two entries is.

1:15:15 – 1:15:26Speaker 11

So there is sort of an elaborate system of explaining these types of businesses. These categories are actually set by state law. They're not set locally.

1:15:26Nancy Stoner

Can you give me an example of each just so I know what the difference is?

1:15:31Speaker 11

So can you give me the two categories again?

1:15:34 – 1:15:54Nancy Stoner

The one I don't understand is intangible or tangible personal property. Every person engaged in the business of trading, bartering, serving, buying, lending, selling intangible or tangible personal property, whether as owner or agent, broker or otherwise. That sounds to me like it would include retail, but it doesn't.

1:15:54Speaker 11

No, I think that's brokerages specifically as opposed to direct sales.

1:15:59Nancy Stoner

Okay. Okay, thank you.

1:16:05 – 1:17:47Fernando A. Vazquez

Oh, so the questions that I had have already been asked and sort of answered, but I think it has to do more with, I know we're talking relatively lower amount, but I want to understand more of the philosophy and the concept behind it, because every time I see increases in taxes or tax revenues, I'd like to see a zero sum game. I understand we may not be obliged to do that, or I think you indicated the building code does, but we don't have to through the LBT. Anyway, what I'm trying to understand is that before we impose more taxes on businesses here, Let's understand what the zero-sum game is. What are we getting? Because it seems to me, it feels, not seems to me, it feels like we're just riding on the business track when there is a different way perhaps that we could look at it. Why don't we look at the success of the business if they draw in more customers? And let's look at ways of recovering through that. Why is it that we always have to hit the businesses, the local businesses? Now they're going to get a 5% increase. That doesn't send the right message, in my opinion. You may very well have it justified financially, and I appreciate that. That's your job. But the message that we're sending out there to the community, we have no, I don't see anything here that tells us that at the end of the day we're gonna be at zero. I don't see the benefits for the businesses except just paying more. Let's keep our local businesses healthy, and let's encourage them to be healthier maybe with incentives other types of incentives. I'm sure we can be creative. I just hate this type of taxes. Go ahead.

1:17:47Joe I. Rasco

Okay. Madam Clerk, this is the first reading. You'll get another crack at it.

1:17:53 – 1:18:12Fernando A. Vazquez

Well, Mayor, I mean, I know it was, I didn't intend it to be an abstract message. I want it to be kind of something that we think about. I would hate to, I think what I stated makes sense. I don't know, am I wrong? I wanted to have a dialogue about that. Yeah, so in terms of,

1:18:15Speaker 17

Supportive of the businesses, I mean, yes, the villages we do contribute to the Chamber of Commerce, which does I know that I'm not saying I don't see a balance sheet in here.

1:18:25Fernando A. Vazquez

How many what what are we getting out of this and what are the businesses going to get out of this? What are they getting?

1:18:30Speaker 11

So I think probably one of the most important things we get out of this is safely operating businesses.

1:18:36Fernando A. Vazquez

I'm safe. What does that mean?

1:18:37 – 1:19:23Speaker 11

So it's literally cases where you have a change of state. Say there's an office space, and it converts to a daycare, and these things have happened. You need to make sure, when you have a change like that, that the electrical system, everything from where outlets are, you need to make a child safe. And the way to do that is, sure, the business owner, ideally, would be 100% responsible for making it completely safe. But in most cases, When you have that change, it triggers us and says, hey, we need to inspect that for this new type of use. And you get an inspection and you make the place safe. And this is a service.

1:19:23Michael F. Bracken

We're not taking away from that service. We're still going to do the service. We're just discussing raising the fee.

1:19:28 – 1:19:39Speaker 11

Right, right. So these are fees that cover those services. So my understanding of the question was, what do the businesses get in return? Right.

1:19:39Fernando A. Vazquez

I mean, there had to be something depleted before, so we had to increase it. And I'm not hearing that. All I'm hearing is that we have to increase it.

1:19:47 – 1:20:04Speaker 11

Those reviewers, those inspectors, those costs have gone up, right? You know, those salaries have cost of living increases. Like the cost of doing business for us has gone up as well. So what we're trying to do is partly cover those costs.

1:20:04Fernando A. Vazquez

Do you have a spreadsheet that shows the losses that we had before, or is it just that I'm hearing you?

1:20:10 – 1:20:44Speaker 17

So it's in the memo. We talk about the cost of providing the service and the revenue that it generates. That gap has increased every year. year, every two years that we do not increase the revenue side of it. So it's just gotten more where the cost of the service, as Jeremy mentioned, we pay our code enforcement officers more, they get salary increases and benefits, but we haven't changed that revenue component. This is trying to catch the two up, it'll take more than just this reading, it's going to be an every two year plan to get closer to that breakeven point. And that service to ensure compliance of the businesses is the safety items currently being paid by taxpayers. Correct.

1:20:44 – 1:20:58Oscar Sardiñas

Correct right so we're passing that cost along to the businesses, whom are receiving that service to state the cost is one of the taxpayers for the we're moving into moving into the businesses by increasing the business taxes attacks.

1:20:58 – 1:21:53Speaker 18

This is this is part of our greater plan is Benjamin presented in I think was December, maybe January. of trying to do a fee for service. The services that you receive is what you pay, similar to what we talked about in the community center. So this is what we see is the benefits that they receive, and it's hard, I imagine, for Jeremy to come up for dollar to dollar benefit, but he generally knows what time and effort that he puts into providing the support for these businesses. I think Benjamin mentioned Chamber of Commerce. We are the biggest member and donate her to the Chamber of Commerce. And Chamber of Commerce provides outstanding services to our businesses. So it's just an opportunity. It's not great, but again, what it is as we face potential property tax issues coming down the road is to begin to diversify our revenues to make sure that we continue to do our operations. Okay.

1:21:54Joe I. Rasco

All right. Madam Clerk, on first reading.

1:21:58Speaker 33

Council Member Kaplan?

1:22:01Speaker 33

Council Member London?

1:22:03Speaker 33

Vice Mayor Sardinias? Yes. Council Member Stoner? Yes. Council Member Bosquez?

1:22:11Speaker 33

Council Member Bracken?

1:22:15Speaker 33

The ordinance is approved on first reading.

1:22:19Joe I. Rasco

Okay. Let's keep going.

1:22:21 – 1:22:42Speaker 33

The next item is the first reading of an ordinance of the Village of Key Biscayne, Florida, amending ordinance number 2025-15, which adopted the budget for fiscal year 2025-2026 by revising the 2025-2026 fiscal year budget, providing for implementation and providing for an effective date.

1:22:46 – 1:22:57Speaker 14

Mayor, if I can just add there was a scrivener's error in the amount that's listed in the ordinance. The actual amount should be $98,637.24. Okay, that's in the memo also. Yeah. Okay, ordinance on first reading. Any questions?

1:22:59Joe I. Rasco

No? Okay. Madam Clerk?

1:23:16Speaker 33

Council Member London.

1:23:18Speaker 33

Vice Mayor Sardinius. Yes. Council Member Stoner. Yes. Council Member Bosquez.

1:23:24Speaker 33

Council Member Bracken.

1:23:26Speaker 33

Council Member Kaplan.

1:23:27 – 1:24:07Speaker 33

The ordinance is approved on first reading. The next item is a capital project, on first reading, a capital project authorizing ordinance of the Village of Key Biscayne, Florida, approving change orders for the building zoning and planning BCP office renovation project relating to the building department customer services area in an amount not to exceed $68,813.97 for a total project cost not to exceed $516,930.46, authorizing the expenditure of additional funds for the project, providing for implementation and providing for an effective date.

1:24:07Joe I. Rasco

So moved. Second.

1:24:10Joe I. Rasco

Questions? Seeing none, Madam Clerk,

1:24:19Speaker 33

Vice Mayor Sardinas?

1:24:20Speaker 33

Council Member Stoner? Yes. Council Member Bosquez? Yes. Mayor Roscoe?

1:24:25Speaker 33

Council Member Bracken?

1:24:27Speaker 33

Council Member Kaplan?

1:24:29Speaker 33

Council Member Lunden? Yes. The ordinance is approved on first reading.

1:24:33Joe I. Rasco

OK. Take 10B first.

1:24:38 – 1:24:54Speaker 33

A capital project authorizing resolution of the Village Council of the Village of Key Biscayne, Florida, selecting advanced roofing ink for the Key Biscayne Community Center roof coating system in an amount not to exceed $123,300 and providing for an effective date.

1:24:57Joe I. Rasco

Item properly before us.

1:25:00 – 1:26:28Speaker 12

Good evening, Mayor, Vice Mayor, Council Members, Chris Miranda, Public Works Director. This is a capital authorizing resolution asking for the village to give the manager authorization to enter into an agreement with Advanced Roofing to provide a Roof coating system. It's a silicone based system to the community centers flat roof area. The community center is a 33,000 square foot building. I'm going to round off some numbers here. Um, the flat roof portion of the of the building is approximately 45% of the building. So the paid the pitched or. Metal portion is about 55%. Adding this waterproofing system would extend the life of the roof, of the flat roof, approximately 10 years. That's the guarantee that we're getting on this system. We are in effect covering 14,900 square feet with the contract. The contract is a piggyback contract that we are utilizing with the Broward College contract that was put out for bid in December of 2025. and we are taking advantage of their bidding process. The piggy-bagging process is pretty common in the procurement world. It helps us move along a project quicker and saves us time and money in the procurement phase.

1:26:30Joe I. Rasco

Mr. Miranda, what's the cost of a new roof?

1:26:33 – 1:26:46Speaker 12

Cost of just a flat roof, we have an estimate of $1.2 million. And if we were to re-roof the entire building, I did not get a price for the metal portion, but it's approximately another $2 million is what I was told.

1:26:47Joe I. Rasco

So 10% is what we're spending to maintain it for, you hope, for 10 years?

1:26:52Speaker 12

Correct. We're receiving a guarantee of 10 years, a warranty of 10 years.

1:26:58 – 1:27:20Speaker 12

So you called Broward County and they told you to use advanced roofing? Is that how you got advanced? We did not call Broward County. We called Broward Community College and asked them for permission to piggyback on their contract. We have used their contract previously. And yes, we did communicate. And then they said use advanced. Advance was their lowest bidder on their contract, yes. On their contract?

1:27:20 – 1:27:45Edward London

Yes. Well, obviously, I like the system. I've used the system 100% for the system. And I'm 1,000% against what you're doing. Doing, again, we have a purchasing department. This is easy. This might be a good price, but it might not be a good price. And it's a simple system. It's very easy. It's very quick. And there's many people who do it. Very simple. Is it a good price?

1:27:46Speaker 12

It is a good price.

1:27:48Joe I. Rasco

How do you check that out?

1:27:52 – 1:28:12Speaker 12

We didn't go out and request three bids from other contractors. I can't tell you exactly what another contractor would bid on it. We had some verbal conversations with other contractors, but How do you know it's a good price? Because we had verbal conversations with other contractors asking what they thought the square footage would be.

1:28:13Edward London

What did they tell you?

1:28:14Speaker 12

They didn't give me hard numbers. They wanted to hold that until they, if we were to put this out for bid.

1:28:20 – 1:28:47Edward London

I would like to defer this. go out for bids and come back to us so so whatever broward college does doesn't do anything for you absolutely nothing okay well we differ on that so i but joe i've been involved bidding these things and building for dade county school systems and i've always seen as you know the biggest waste of money is in school systems okay in my opinion dade county is of all the things i've ever been involved with

1:28:49 – 1:29:01Joe I. Rasco

So this was bid out in December of 2025. So it is very, very recent information that tells us where the market is.

1:29:03Nancy Stoner

What do you mean, Joe?

1:29:05Joe I. Rasco

That the Broward College contract was issued in December of 2025.

1:29:11 – 1:29:24Nancy Stoner

I have a question, Chris. What is the urgency on this is there is there current leaking that's Causing damage we have made several repairs to the roof.

1:29:25 – 1:29:42Speaker 12

So at the current time We don't have any leaks But this will extend the life of the roof if not within the next approximately two three years maybe four years will be roofing that building for 1.2 million and above

1:29:43Nancy Stoner

And if we go out to bid, will we lose the opportunity to take advantage of this?

1:29:50 – 1:30:13Speaker 12

We won't lose the opportunity. Their contract is in place. They have a roofing department. That's all they do is roofing contracts for their buildings, so we could take advantage of it later in the future. We could put it out for bid, but that's a... I would assume that we're talking about six, nine months before we would bring it back to you.

1:30:13Michael F. Bracken

Why does it take that long?

1:30:14Speaker 12

Because we would have to advertise it, put an RFP out on the street. We have a spec, don't we? We have a scope of work.

1:30:24Edward London

Scope of work. Yes. So basically put the scope of work out, and people give us bids. And then we determine if they're qualified or not. Why does that have to take six or nine months?

1:30:33 – 1:30:49Speaker 12

Because we'd have to put together the bid package to put out on the street. We'd have to advertise it for a minimum of 30 days, receive the bids, go through the bids, find a qualifying firm, evaluate and then come to you with a recommendation of who to award it to.

1:30:49 – 1:31:02Edward London

So the bid package for the roof is going to be different from a bid package for electrical work by the scope of work, but the other 20 pages that Chad prepares, it's pretty much the same, aren't they?

1:31:03Speaker 12

The boilerplate for the contract would be the same. The RFP would differ in the scope of work and any details that we would be asking for.

1:31:09 – 1:31:27Edward London

And in all due respect, either it's the most inefficient department you have, I know the laws are inefficient, but this is ridiculous to take six, even waiting 30 days, and then to evaluate it, how long does it take you guys to look at it and come back to us and say we recommend this? So Chris, let me jump in.

1:31:28 – 1:32:10Speaker 18

Councilmember, it wouldn't take six to nine months, but we also have many other contracts that we're doing, and so one of the reasons why we do piggybacking is we take advantage of the economies of scale and their ability to As you know, the larger and more roofs you're going to do, you can likely, not saying definitely, get a lower price. If it's will of the council for us to put it out for bid, we will, but it'll also delay other work that we're doing. And that's what Chris knows. We have a lot of contracts that are about to go out, which is probably why he's hedging his months. We could do it faster, and if that is the will of the council, we will do it, but piggybacks works, and they're very effective, and this is likely the best price we could get.

1:32:10 – 1:32:58Edward London

Well, again, we're assuming, Joe? but basically Broward County or whatever that is. It's Broward Community College. It's a big operation, and maybe a lot of smaller contractors won't even bid on that. In usually cases, smaller contractors and this type of thing are better cost for us than larger contractors. This is a small job, and there's many people who could do this job. And so I believe that we are really shortchanging ourselves by not putting an L to bid. I mean... I've been in the contracting business too long to see stuff like this. And we had this excuse before we had a purchasing department. We had nobody in the purchasing department. That's why we did this stuff. Now we have a purchasing department. I'll be an assistant in the purchasing department. And we still do this kind of stuff.

1:32:58 – 1:33:12Joe I. Rasco

Yeah, you want government not to work how government is supposed to work, OK? You have a process. You have to put out a scope of work. You have to advertise it. You have to do all these things. No, no, you just want, hey, boom, boom, boom.

1:33:12Edward London

No, that's fine, Joe. That's not right. That's the scope of work you do. If you're doing any bidding in any contract, you have a scope of work.

1:33:21Speaker 33

I'm sorry. Is there a second for Council Member London's motion?

1:33:28Speaker 14

That's on the motion to defer. Or motion to defer. I'm sorry.

1:33:32Franklin H. Caplan

I thought you were referring to the motion to defer. I did not.

1:33:36Speaker 33

I thought he made a motion to defer earlier. So you seconded? I did.

1:33:42Speaker 33

You did not. I'm sorry. Is there a second for.

1:33:46 – 1:35:30Michael F. Bracken

I'll second it. Chris, I'm frustrated with the same thing Ed's frustrated with. And I share Joe's concern as well. I just find that this is just mind-bogglingly challenging that it takes this much time to do this, especially when we have a procurement department. But maybe when we do this, it would be helpful to say, we're doing the following 15 contracts, and these are the time slots that we have allowed to. So it gives us a reference for the amount of work that your department is doing. And that's where I always get challenged, because I don't exactly know how many bids you got out for work. And that reference is challenging for us. You do it every day, and you're well aware of how much work you have to do. And I'm not eluding by any means that you don't have a lot of work to do. I just think it would help us to know, and that's part of this infrastructure workshop that I wanted to put together, was for us to get a sense of how much projects are being done at this time and how many we're managing so that we know, because there's a cost of procurement, and there's a cost of time, and all those types of things. But when we just hear a number, to Ed's concern, for me, I would do exactly the same thing. I'd call Pavona, get four bids, and I'd have it. can make a decision now I understand that's not how we we allowed to do things I've learned that process but I think this would be helpful when we have these conversations to say we're working on the following things and that's all that's all that's all I wanted to ask what does the procurement what would the procurement process cost us ballpark for this I would defer that to the procurement department I don't run the procurement department so

1:35:31Nancy Stoner

I mean, is it $5,000, is it $25,000?

1:35:33 – 1:35:55Speaker 18

I would imagine at least 40 to 50 hours worth of employee time. To do what? To write the scope, to release the scope, to communicate with vendors, to then take in the contract, then to put together a five-team evaluation committee. Why? Because that's what was required by state law.

1:35:55Franklin H. Caplan

Yeah, that's state law.

1:35:57 – 1:37:01Speaker 18

To then put together a recommendation to council, to have the clerk and my chief of staff put together that recommendation, get a concurrence by the attorney to come forward and present it to council for approval. That's what it takes, and that's what we are bound to as a government entity. So therefore, one of the benefits of piggybacking and these conglomerates that we have across the counties are these open contracts that people can piggyback off of. And you always want to go to the entity that has the largest scale who can get the best benefit to do this sort of work. Can I just say one quick thing? I said before, I said likely. I did say likely, but out of Pennywise, whatever the phrase is, we may go out and save $6,000 that would take 50 hours worth of work. And then I don't know if that would really be a victory because, again, we're doing something that we couldn't be doing otherwise. And everything has a cost. It's just not much.

1:37:01 – 1:38:23Fernando A. Vazquez

Thank you, Mayor. Look, I see it from both sides. Obviously, we want to be sure that we get the best deal. And obviously, we want to be able to get it procured with transparency. And we understand that we're going to get the best price for it. There's also something to be said about the amount of time that it takes for that to happen. And I have relied myself in the past with piggyback contracts. And I can't speak. I mean, they're pre-selected. They never had an issue with them. But what I do have an issue in this overall discussion is that we get a lot, and I notice, we get a lot of these procurements that are coming in at the last minute. So we feel like we're scrambling about trying to figure out, and I think that's where we're going, Steve. If there's a way that we could know ahead of time, maybe through a memo to council, hey, we're going out to bid with these projects at least, or we intend to bid these projects, or Look, you can't let it out if it's not in the sunshine. I'm just trying to figure out a way that we don't get caught in these types of decision battles. Look, there is obviously a lack of clarity of what a piggyback contract is and what it can provide for you. But at the same time, we are being caught kind of sandbagged in a way. We don't really have an opportunity here to discuss this in detail and really provide you with the best directive. It's not you, I mean.

1:38:23Speaker 18

No, no, and I appreciate that, but it really just comes down to we're trying to repair a roof. And we're trying to repair a roof before the beginning of the rainy season.

1:38:31 – 1:38:45Fernando A. Vazquez

Today's the roof, next is something else. And at the same time, folks want to be sure that they get the best price. So let's find a way to advise council ahead of time at least prior to it so we can read it and come up with best ideas.

1:38:46Franklin H. Caplan

You ready for my perspective on this?

1:38:51 – 1:39:58Franklin H. Caplan

My perspective on this is as follows. I don't think that this process is always one size fits all. There are projects, the nature of which involves subjective decisions about complex alternatives. And I tend to think that a competitive bid process in that realm is both best and necessary. Where there's a preselected thing that is regarded as the effective solution to an existing problem, and there's a market and we have the ability practically to assess generally what the market is for that thing, this material, and the application of it, I see a competitive bid process as less relevant, less necessary, and I feel comfortable that in these types of circumstances, with the kind of due diligence that's just generally applicable to not being blind, it's good enough. That's my perspective.

1:39:58Edward London

He mentioned he has no other prices. I heard that. I heard nothing.

1:40:03 – 1:40:15Franklin H. Caplan

I heard that I also heard that this is a thing it's available in the marketplace and it's generally costs what it costs both to purchase it and to apply it. It's not that complex.

1:40:19Edward London

That's why it's very competitive.

1:40:23Speaker 14

OK. So there's a motion to defer on the table. It was seconded by Council Member Bracken. So I think that takes precedence. So we need to take up a motion to vote on that first.

1:40:34Speaker 33

May I take a roll call vote for that?

1:40:36Speaker 33

Please. Council Member Bracken. This is on the motion to defer 10B.

1:40:42Edward London

Defer and get competitive bids. Yes.

1:40:44Speaker 33

To defer and get competitive bids. Okay.

1:40:50Speaker 33

I'm sorry. Council Member Bracken? Yes. Thank you. Council Member Kaplan?

1:40:55Speaker 33

Council Member London?

1:40:57Speaker 33

Vice Mayor Sardinia?

1:40:59Speaker 33

Council Member Stoner? No. Council Member Roscoe?

1:41:03Fernando A. Vazquez

In this case, I'm going to say yes, but I want to see more transparency in what we do. I'll go with a yes. With a yes?

1:41:18Speaker 14

I think I have a vote. This was on the motion. This was on the motion.

1:41:21Joe I. Rasco

To defer and go get competitive bids. Motion to defer.

1:41:24Speaker 33

10B and get competitive bids. Yeah. I voted no. You voted no. That's what I meant. Okay.

1:41:31Nancy Stoner

Sorry about that.

1:41:32Joe I. Rasco

And so on the issue in front of us.

1:41:36Fernando A. Vazquez

Wait a minute. I'm sorry, Mr. Mayor. So this was this was to defer. I didn't want to defer. I said continue in this case.

1:41:41Speaker 14

So you were you wanted you meant to vote no.

1:41:44Fernando A. Vazquez

So you're going to vote no.

1:41:46Speaker 14

OK. We're still on the item. It's fine. You can you can. OK.

1:41:50 – 1:42:04Joe I. Rasco

So Broward Community College doesn't have a procurement department, doesn't have people who do this for for a living, they just go out and they say, oh, okay, is that what you're trying to say?

1:42:04 – 1:42:51Edward London

Of course that's not what I'm saying, Joe. But then you have to take into consideration. Yes, you take consideration. They have a big roof to do. They have lots of stuff. And so they don't know how to do roofs, right? No, excuse me, Joe. That limits the number of people who will bid that job, who are qualified to do the job. because our financials and everything else versus a small job like this where everybody's qualified to do it. That's the big difference, the big difference, Bryce. I saw it in Dade County school system over and over again. I saw it in public companies. I saw it in telephone companies. I saw it in utilities. I mean, I'm tired of saying it, but all we do is basically take the easy way rather than the best way for the village and spending the taxpayers.

1:42:51Joe I. Rasco

That's all. I mean, you think they're doing a great job?

1:42:54Edward London

Fantastic. I'm not going to bench you. Otherwise, you know what happened with the Dade County school system. You remember that?

1:43:00Joe I. Rasco

Yes. Under really poor leadership. Yes.

1:43:03 – 1:44:03Edward London

Okay. It didn't get much better because it was more than... Anyway, it doesn't matter. All I'm saying to you, the method was such The method was such that their bidding and their procurement and how things are involved. That's what happened. I'm not saying it's Broward County. It's the same way. But I'm also saying it's a large operation. You were saying that we don't know what they're doing. No, I didn't say that. Oh, okay. I didn't say that at all. I said basically they're a large operation. It's a large jobs they have. Right. And therefore there is not many qualified employees. people in the business and roofing business. I can think maybe half dozen all of South Florida who do really large jobs. Small jobs, there's 50 of them or more. And this is a simple job, and those prices are much, much better. The fact that you're going to vote on something, you don't even have another ballpark price. But you're going to say, fine. I guess I've been in business too long. I work too hard to make my money.

1:44:03Joe I. Rasco

We do it with a sheriff's county contract. We do it, and all cities do it this way.

1:44:12Edward London

It doesn't make it efficient. Most cities are inefficient. You know that. But ours isn't.

1:44:17Joe I. Rasco

That's the difference. Ours isn't. Don't we want to be efficient? We are.

1:44:24Edward London

Not when we do shit like this.

1:44:30Joe I. Rasco

Any further discussion on the item?

1:44:35 – 1:46:11Michael F. Bracken

What do you want to do? Just to give just a little credence to what Ed is trying to drive home, and I don't mean to be difficult. Joe, that's not my intention. But if you're going to bid on a county project for Broward, you're going to have to bond the job. They're going to have a bunch of procurement requirements that a small contractor, small roofing contractor would probably not be able to make. And I think that's his point, where the cost structure may be more beneficial for a smaller project. But Chris, the real issue here is not Not that, it's the amount of jobs that you have to bid, the amount of work that you have under contract, and what the cost is to do this actual work. I think that's where we're having this, that's the difference in conversation is that it's gonna cost us possibly the difference of the money that we may save by going out with a smaller vendor. And I think that's the conversation we should be having. But without understanding the entire scope of work that is in your department, it's difficult for us to ascertain, is this the right decision or not? That's what I'm driving at. And I don't think we need to talk about this anymore. I think I'm done. I appreciate what you're doing, but I would just like it when you come up here. Talked several times about this is that it would be a lot more useful for us to understand the volume of work That's in that department so that we can understand these just these discussions and that's all I'm asking for and thank you for your time enough said Madam clerk was there a motion in a second.

1:46:11Speaker 14

I know there was some confusion before did you get it on the item I?

1:46:16 – 1:47:02Speaker 33

Yes, on the item councilmember Kaplan motion and vice mayor Sardinia's seconded. Okay on the item 10 B all those in favor aye opposed Just councilmember London rock into and thank you motion carries The next item is a resolution of the village council of the village of Key Biscayne, Florida, authorizing the village manager to advance the village-wide utility fortification program for zones two through eight to underground electrical and telecommunications facilities and providing for an effective date.

1:47:05Oscar Sardiñas

You noted the change for all zones, yes?

1:47:08 – 1:47:23Speaker 14

So let's just, can we just, let's just, Just start with, just the manager had a request, and since it affects the title, we can start there. So the manager would, why don't you say, you just wanted to, I don't want to take your words, but say what you wanted to say.

1:47:23Speaker 18

What I'd like to remove are just the words four zones two through eight.

1:47:29Speaker 33

Consensus of council?

1:47:31Joe I. Rasco

Because we're doing the whole thing.

1:47:32Speaker 18

We are. That's why it says village-wide utility fortification program, which means village-wide all zones one through eight. Okay. Okay.

1:47:42Speaker 33

Consensus of, I'm sorry. No, okay, I'm sorry.

1:47:45Edward London

Basically also to clarify that this is undergrounding and not hybrid.

1:47:52Joe I. Rasco

All underground is very clear, non-hybrid.

1:47:54 – 1:48:05Nancy Stoner

No, I don't think it's clear, and so I would like to amend the language where it says in the first paragraph where it uses the The program as the definition.

1:48:06Joe I. Rasco

Fair. The first whereas. Second whereas.

1:48:08 – 1:48:27Nancy Stoner

The second whereas. Whereas, this is my proposed amendment. Whereas, in order to address these concerns, the village has discussed and explored the possibility of pursuing a fully undergrounded utility fortification program. And when they refer to the program, that's what they're talking about, fully undergrounded. So, please.

1:48:27 – 1:48:41Franklin H. Caplan

I is before we move to that is the title fine otherwise does anybody have any other comments on that there's one possible inconsistency we just touched the title and I'm just noting in the submission memo.

1:48:42 – 1:48:56Speaker 14

There was a recommendation to defer project one correct to pause, I mean it's okay, I think to have the title broader and then deal with that in the body which it does or you could be more direct and and you could add in you know

1:48:57 – 1:49:25Edward London

couple words into the title if you want to do that well this also dovetails with Ed's part of Ed's motion so we should actually vote on the table is for a minute and determine whether we're gonna do something on March 10th or not because it do something March 10th then soon we go ahead what does that have to do with the undergrounding right prioritize zone one because we're holding zone one up to find out what we're going to do since we don't know

1:49:26Joe I. Rasco

But we're prior things.

1:49:27Edward London

OK, but we're going to plan we're going to do OK. So we're going to do one of the other plans. We make a decision.

1:49:32Joe I. Rasco

So you're you're hurrying the decision that is going to come anyway.

1:49:40 – 1:50:18Franklin H. Caplan

Here's what I think. Here's what I think is at stake in the context of Ed's thought. Up until the managers change in the scope of this. this wouldn't have been relevant because we would have been deferring what they call here project two, which is zone one. And that would have enabled a decision potentially on what we're doing on stormwater. What Ed is asking to do is defer the decision on zone one on undergrounding until we make a decision on stormwater for zone one.

1:50:20Joe I. Rasco

I think we all want to go ahead with undergrounding, so why do we want to defer it?

1:50:25 – 1:50:50Edward London

No, I wanted to prioritize zone one once we make a decision rather than the other zones because previously Steve said we don't want to go ahead with zone one because we haven't made a decision on what plan we're going to use. So I'm saying since we're at that point, we want to prioritize zone one once we make that decision. That's all. The head of the garden district, Ed? Sorry? The head of the garden district?

1:50:52Michael F. Bracken

ahead of the Guard District? We can do them simultaneously. Why can't we? Yeah, okay.

1:50:56Nancy Stoner

But is your point that if we don't include Zone 1...

1:51:06Edward London

I'm up for including Zone 1.

1:51:07Nancy Stoner

No, I'm just saying, if we don't separate the electric from the... and move ahead on all of it...

1:51:16 – 1:52:08Speaker 18

from the underground from the the storm water and the storm water gets held up then then zone one undergrounding gets held that's correct right okay that i thought that was okay it's not a big deal we can go ahead this next month i'm not going to object if i can clarify my recommendation in it it's not in the ordinance but it's in the memo it's basically just recommending it wasn't deferred it's actually delay moving forward on the zone one order undergrounding until a stormwater decision is made. So if the choice is to make a decision on March, and if that's the choice of the council, obviously, then that decision is made. And so then Zone 1 is on the table. So this thing is written. So once a decision is made, all zones are on the table. So I think if the council chooses to pick up

1:52:09 – 1:52:31Speaker 14

If you look at the authorization section, section two says what I think Steve just said. It says that the council authorized the manager to advance implementation of the program for projects one and three and directs the manager to pause further action on project two until such time as the council selects a preferred stormwater infrastructure approach for zone one. It's a little different.

1:52:31 – 1:52:43Franklin H. Caplan

Let me try this out. Let me try this one. If the decision is to underground the entire island, That's a decision. And I think that's the decision that's before us right now.

1:52:44 – 1:53:03Franklin H. Caplan

The question of how Zone 1 is installed, whether it's in synchronicity with the stormwater system, i.e. AECOM, or not, i.e. not AECOM, that's a later decision. But we're still making a decision to underground the entire island.

1:53:05 – 1:53:30Nancy Stoner

My concern is the way it's worded, it sounds like If the AECOM, for example, if we decide to go forward with the AECOM plan and then we are held up because there's a referendum, then everything gets held up, even the undergrounding. And I've gotten some calls.

1:53:30Joe I. Rasco

But all the other zones wouldn't be held up.

1:53:33 – 1:53:48Nancy Stoner

But zone one, we already have the design. We've already spent the money. We're already there. Exactly. And we were going to go ahead with that. And I just don't want to get, unless I'm wrong, if we don't word this right, we could get caught in that trap.

1:53:48 – 1:54:12Speaker 14

So let me just say that this is simply a resolution. It can be amended at any time. I mean, this was really a resolution that was brought forward as a follow up from the workshop that the council had. So don't feel like whatever you have in here is binding your hands. It's really just to give the manager direction. So he has a commitment to go forward. This is organic, it can be changed.

1:54:12Joe I. Rasco

And to tell the community what we're doing.

1:54:15 – 1:54:36Fernando A. Vazquez

Yeah, and I wouldn't sweat much the logistics. They can work that through. I mean, yes, of course it wouldn't be ideal for that system to, I'm sorry, for that system to be stuck in referendum. That's okay. But I think from a logistics standpoint it's doable, and by that time I'm sure we'll be fine. So I like the idea of going ahead and moving forward with the undergrounding. It's about time.

1:54:37Michael F. Bracken

I just want to make sure we take the ambiguity out of the conversation.

1:54:40Speaker 14

So the will of the council is to proceed with undergrounding village-wide?

1:54:46Speaker 14

Yes. Okay. End of story.

1:54:48Joe I. Rasco

And then we'll work that other piece out.

1:54:50Franklin H. Caplan

And section two is broad enough for that.

1:54:54Michael F. Bracken

Okay. But we've got consensus that we're going to remove the, it's strictly undergrounding. There's no other process. No hybrid. No hybrid, no nothing, just undergrounding. Okay. Good. Thank you.

1:55:06Speaker 14

So you want the resolution only to deal with undergrounding at this time?

1:55:13 – 1:55:27Fernando A. Vazquez

We want to see futuristic designs in a way that when they think about it, they think that it may be in the future there will be a system there or not, but don't design it and don't put it in the middle of the street. That's all.

1:55:27 – 1:55:45Nancy Stoner

Just keep it out of the street. So Chad, to clarify what you just said, the resolution is to go ahead with undergrounding We are going to wait and find out the decision on the stormwater, but regardless of the decision, we're going ahead with the underpass. Correct.

1:55:46Speaker 14

I understand. We just don't want to have a hybrid built in to this in any way.

1:55:53Franklin H. Caplan

So section two needs to be changed to reflect the omission of the zones projects. I'm sorry.

1:56:03Franklin H. Caplan

And Nancy's language in the second whereas, and that's it.

1:56:07Speaker 33

I'm sorry, can you clarify the section 2 to be removed?

1:56:10Franklin H. Caplan

Section 2, which is the authorization, speaks about projects 1 and 3, pausing on project 2.

1:56:18Speaker 33

So removing that portion of the section.

1:56:21Franklin H. Caplan

All that this says in effect at the end is we're advancing the implementation. of a fully undergrounded utility system. Yes, I understand.

1:56:31Speaker 33

So a village-wide.

1:56:34 – 1:57:02Fernando A. Vazquez

A question on, I mean, do you intend to, this is obviously gonna have to be design and detail, I would say, right, Steve? Can you walk us through? Can you walk us through the now that we made a decision or about to make a solid decision on this can you walk us through why don't you tell logistics the steps what needs to happen what you know we wanted underground. So the whole village.

1:57:03Speaker 32

So moving forward from today, we're going to move forward with what we've already started doing on most of Zone 1 and Zone 8.

1:57:11Michael F. Bracken

Mike, before you start, are we clear that this is 100% underground? Is that in the language?

1:57:17Speaker 14

Yeah, this resolution will be amended that it will be village-wide undergrounding.

1:57:25Michael F. Bracken

I just want to make sure that that's in writing.

1:57:28Speaker 14

Fully undergrounded? is when you say fully undergrounded, you're referring to both FP&L and the telecommunications? Telecommunications, yes.

1:57:38Fernando A. Vazquez

Okay, that's okay, I understand. Momentous occasion.

1:57:41 – 1:57:52Joe I. Rasco

Oh, okay, yeah. Maybe we should just vote on it before you go on with this, all right? Okay, yeah. Madam Clerk, call the roll.

1:57:52Speaker 33

On item 10A, as amended, All those in favor?

1:57:58Speaker 33

Opposed? Motion carries.

1:58:01Nancy Stoner

This only says FD&L. It doesn't say telecom.

1:58:07 – 1:58:27Speaker 14

It does in the title. It talks about underground electrical and telecommunications. But we understand the intent of the council here. We will clean this up. We'll say that it will be authorizing the village manager to advance a fully authorized village-wide undergrounding program.

1:58:28Michael F. Bracken

We're making sure we're including telecom in this conversation.

1:58:31Speaker 14

It fully includes telecommunications and FP&O.

1:58:35Franklin H. Caplan

Telecom is in the first whereas.

1:58:36Speaker 14

Yeah, we can make it clearer.

1:58:41Fernando A. Vazquez

How many years have we been at this? Okay, since 2017, right?

1:58:46Michael F. Bracken

Tom, why are you shaking your head? May I speak? Yes, please.

1:58:52Speaker 33

Please come to the podium and state your name and address.

1:58:56Speaker 20

Forgive me for being out of order, as usual. Tom McCormack, 680 Curtiswood. Chad, when he says fully, he does not mean including telecom.

1:59:06Speaker 14

Well, I asked that.

1:59:08Speaker 20

He means not hybrid. Right. That's what he means. Fully underground means we do not harden telecom.

1:59:16Speaker 15

The concrete poles.

1:59:18 – 1:59:44Speaker 20

That's what he means. When he says fully, he does not mean village-wide, and he does not mean including telecom. He means non-hybrid. Because you just workshopped a hybrid solution which would include concrete poles. And nowhere in that resolution does it specify that undergrounding doesn't allow for hybrid underground.

1:59:44 – 1:59:55Speaker 14

Super important. So what you meant, Council Member Bracken, was when fully means that there's no hardening of the overhead infrastructure. Correct.

1:59:56Speaker 30

That it's completely underground.

1:59:57Speaker 14

Yes. No poles. But you also want to have the... Okay, I understand. Okay. Thank you, Tom.

2:00:07Nancy Stoner

Thank you for your help I like to We voted on already By the way, we didn't talk about costs because

2:00:32 – 2:02:38Joe I. Rasco

you know, this will come back to us, but we're talking somewhere in the range of $66 million to $81 million, okay? And as some people have quoted in the press, I only relish little things, so I guess you guys are part of being stuck with little things like this, right? You know, and never mind that we've worked on the Shoreline project, which is probably a $200, $300, $400 million project. Never mind that we worked on the Bear Cut Bridge. I mean, that's, you know, $200 and $300 million. But we only work on the little things. I'm so proud of you. You guys, you know, you just went all the way through this, okay? You are doing the little things just right. And by the way... The little things are quality of life issues, okay? That we get our kids involved, that we get our seniors involved. Yes, we do the little things, but we also do big things. And big things don't happen because at London, goes like this, okay? As powerful as he is, you know, just because you go like this, a large infrastructure project just doesn't happen, okay? It takes a lot of work, and I am very proud that this council is taking things on like it has here, and we will make a decision on stormwater, okay, before you and I leave, okay? And so, you know, folks, Focus on what's important. What's important is the work that we're doing. Thank you for all you guys do. This is a great day to celebrate that we have moved forward what they didn't do in 2016, they didn't do in 2018. We're able to do it, and kudos to all of us up here. Thank you.

2:02:39 – 2:03:41Franklin H. Caplan

A little epilogue on that? Yes. In 2020, In 2020, despite some significant political headwinds, this community approved a government obligation bond, the existence of which, which has never been drawn, which will soon be drawn for the first time, the existence of that fact, the reality of that opportunity enabled planning, design, feasibility, and expedited implementation on a very complicated challenge that's been bubbling around this council since before 2010 so that's that's good excellent by the way which if you remember friday we tried to get this done in what 2013. yeah and it's you know it's funny looking at looking at my colleagues here one of the things that was confounding years ago was ambiguous advice from fp l as to whether the technology was ready at the time absolutely

2:03:42Fernando A. Vazquez

Mike and I were in the committee. We were in the committee. For three years. Exactly. So it's a long time coming.

2:03:50Edward London

Put this in the dog park with my two major things in 2013. I got one of them.

2:03:59Fernando A. Vazquez

May I ask now to hear a little bit of the realities? How long is it going to take and when are we going to get it done and how much is it going to cost?

2:04:07Edward London

Just a little bit.

2:04:09 – 2:06:57Speaker 32

So with that passing, it's great to be here, Council, Mr. Mayor, those managers. As you know, we've been also working on this. This has been one of the key components of the resilience program. So we've been diligently planning for village-wide undergrounding. Yes, considering hybrid before, considering wireless before, considering all different alternatives. But now what we're planning to move forward with, what we're continuing to move forward with, Zone 8 probably being the first one. So we have a preliminary design by FPL for Zone 8 to underground all of the overhead transmission lines. We've reached out to the telecom lines companies, that's AT&T, Comcast, and in Zone 8 it's Hotwire. Hotwire has one overhead line. And we're receiving their costs, their budget costs for the design. Once we get their budget costs coming in, we can give them approval to go forward with their design. More or less we'll follow FPLs, but there's different components that have to be placed. We have to make sure they have proper separation. We'll review all of those drawings, make sure that it coincides with what the village wants, make sure that it doesn't have any conflicts with existing infrastructure or known future infrastructure. Like the stormwater pump system for zone 8. At that point we'll go into final design. This final design is completed. And we'll go in for permits this village permits to make sure that it reviews goes through the building planning. And will be also at that time a little bit before in our funding aligned which will be the general obligation bond will be the primary funding source. The goal would be to try to combine as much as we can from a planning perspective for each tranche opening so we have the most efficient use of the tranche openings because it costs money each time. At that point, we'll be going out to bid for contractors, competitively bid. So they have to be FPL-approved contractors. Also, we'll make sure that they're approved by the telecom companies If we can, we'll have that contractor run the conduit just because it'll probably be more efficient and cost effective. We also have easements that we have to consider, which will be coming up before the procurement. But we probably won't have the actual easement agreements in place until afterwards. But we'll be making sure to discuss any potential conflicts on that side.

2:06:58 – 2:07:14Fernando A. Vazquez

I have a quick question. You mentioned the design. I mean, I envision this is going to have to be serving, identifying where the easements are. There's going to have to be an engineer on board designing this, or is this going to be done by a contractor? How is this going to be done?

2:07:14Speaker 32

So FPL does their own design as far as the coordination. Same with the telecoms. They follow those designs.

2:07:20Fernando A. Vazquez

They do their own design, but do they do their own in situ design in place? Or are they just telling us, this is the duck bank, put it anywhere you want to put it?

2:07:29Speaker 32

No, it's a design for construction.

2:07:32Fernando A. Vazquez

It's a design for construction? Yes.

2:07:33Speaker 32

And it's permitted through the state.

2:07:36Nancy Stoner

You're talking only about Zone 8, right?

2:07:39 – 2:07:57Speaker 32

I am because this is the process for the first zone. We'll be doing this for the entire village. Per the discussion earlier, we don't have the exact... timing for the entire village. We're going to go back and speak with a PL and make sure that we're all in.

2:07:57 – 2:08:28Fernando A. Vazquez

I'm sorry I got to go back to the design I haven't seen an FB NL design to that level of detail it could very well be. But you know we're dealing with driveways we're dealing with we're dealing with other utilities we're we're dealing with easements Is FB&L going to dedicate engineers to look at Key Biscayne in that level of detail? Because remember, we have beautiful trees and beautiful vegetation, and we don't want people to just come in and say, you've got to put a duck bank in here.

2:08:29Speaker 32

And that's part of what our responsibility will be to take their design and then to work it through at the village to make sure that it's not going to be a conflict.

2:08:38Fernando A. Vazquez

What I'm asking, I guess my question is, are we going to have to pay additional engineering services for this?

2:08:42Speaker 32

I have an electrical engineer on board that's going to be reviewing it.

2:08:46Fernando A. Vazquez

Do you have a civil on board too? Are they also going to require an excavation? I'm just asking.

2:08:51Fernando A. Vazquez

Three feet below grade. Are there going to be utilities?

2:08:54Speaker 32

I just want... We need to have everything surveyed so it won't be conflicts.

2:08:57 – 2:09:10Speaker 18

You guys just voted to advance this, so give us a little time to get this... Okay, let's get the numbers straight. Yeah, so... Councilman Vasquez, we can also provide you... A lot of good questions, and I appreciate that, and those are all things that we're going to start... And that's fine. You don't have to have the answers today.

2:09:10 – 2:09:35Speaker 32

I'm not expecting that. For Zone 1, we have a more or less final design, which includes... fpl and all of the telecoms. Comcast is still lagging a little behind on some of their final parts because they missed a few items but there's been a lot of back and forth with the engineer of record on that particular zone because it was coordinated with the stormwater but the ones that are not coordinated with the stormwater they won't be.

2:09:38 – 2:10:12Fernando A. Vazquez

It won't be as nuanced in the coordination with another utility, but it will still be a civil design process. And what I just want to be able to just educate and everybody, we need to understand what that means because we just finished talking about procurement and we finished talking about, you know, We need to understand what that means. So I would appreciate it if next time, not today, you don't have to have the answers today, but let's have an understanding of what we're looking at for an investment on this. We have to do it. We're going to do it, but let's understand.

2:10:12Speaker 18

Council member, like for zone one, AECOM did it as part of their design. I understand that. So you are exactly right.

2:10:18Fernando A. Vazquez

That was a nuanced design that had to snake around utilities and all that.

2:10:22Speaker 18

I get that, but straight out. We'll have, you know, not as complex of a design problem. We'll have the same

2:10:28 – 2:10:49Fernando A. Vazquez

Process in place to do this for zone 8 and then subsequently it's zone 2 through 7 Then then we get to the fun part of construction, but yes But it it's we have to do it it's just a question of just understanding what the steps are that's all All right I'm clerk

2:10:59Joe I. Rasco

Let's do the reconsideration.

2:11:06 – 2:11:17Speaker 33

The next item, request to reconsider item 9E, adopted at the, this is a manager's report item, at the January 13, 2026 regular council meeting.

2:11:20 – 2:11:54Speaker 14

I think that the proper term is a motion for reconsideration. I'll just set it and then I can turn to Steve. Under Robert's Rules of Order, anyone on the prevailing side of a motion can make a motion for reconsideration at the same meeting or the next regular meeting. So the manager I know has circulated his recommendation. If the council does make a motion to reconsider, we would set this item at the next council meeting to be re-heard on second reading again. It will not be heard tonight. It will be noticed and it will be heard on second reading at the March meeting.

2:11:54Franklin H. Caplan

That is my motion. Second.

2:12:02Speaker 33

All those in favor?

2:12:05Speaker 33

Opposed? Motion carries.

2:12:10Speaker 14

Make your presentations at second reading.

2:12:14Speaker 33

Shall we continue with the manager's report, Mr. Mayor?

2:12:19Fernando A. Vazquez

What do we have for that discussion on traffic calming?

2:12:22 – 2:12:38Speaker 18

Well, that's at the end, so... Mr. Mayor, if we could just real quick, I want Benjamin to mention... the RFP for solid waste and what will be in there. I think it's very important that council hears some of the modifications that we'll make, and this will take 22 seconds.

2:12:39 – 2:14:15Speaker 17

Sure, yeah. Procurement's been the hot topic tonight, so I wanted to Brief the council real quickly on the RFP for collection services for garbage and recycling. There are going to be some differences in some of our normal contracts that we send out to bid. The two biggest ones are the first is we're going to be requesting a longer contract period. So if you guys know, most of the contracts we bring to you are three-year contracts with two one-year renewals. Based on this industry, and to make this a more competitive bid, we're looking at going out longer to perhaps a seven-year contract with three one-year renewals. We're talking about potentially a decade. The reason we're doing that, and this brings me to the second point, is as part of the survey that we had sent out to the residents, there was support for what's called curbside service. And the current service we have is side yard service. In order to go from side yard to curbside, there's big capital investments required amongst these collection services. So in order to get them to bid, because of the heavy upfront capital costs, going to a longer term contract would be, we think, more attractive to get more bids. The history of this is we've only had either one or two bids when we put this out before. I would like to get at least three bids when this goes out. So I'm trying to make this attractive. But also, we're establishing a partnership with this collection services. Those are the two biggest departures from some of our normal contract terms. I don't want to give away the whole RFP because it's not out on the street yet, and we don't want any one of these vendors to get an advantage over another one. So I just wanted to brief you all on what's going to be going out. So when we start reviewing this and awarding the contract, you guys won't be surprised by that.

2:14:15Michael F. Bracken

One quick question. Are you going to include an education requirement for people to know what they're supposed to be doing? Yes. Like we discussed with the Broward County?

2:14:26 – 2:14:46Speaker 17

Yes, as part of this Chris and I've agreed also we are going to be replacing the bins, the bins are going to be very educational on the top about exactly what goes into each bin so there's compliance that the village is going to be doing education, but also there's going to be incentives for the vendor as well to have skin in the game to make sure that they're less contaminated.

2:14:47 – 2:14:59Michael F. Bracken

Benjamin, just make sure you communicate with the SAB group, because they've done a huge amount of research on getting that. I think you spoke to the same people, just because that woman has done a very good job at Broward.

2:14:59Joe I. Rasco

Yeah, she's phenomenal. We've been working in lockstep with her.

2:15:03Michael F. Bracken

Her approach is straight up the best in my opinion.

2:15:06Speaker 17

There's going to be a lot of familiar language in ours that we've seen best practices from her, so we appreciate the advice from the SAB group.

2:15:14 – 2:15:29Nancy Stoner

Are you saying that curbside is more expensive than then up at the house or the opposite? I just that's what I would think but I didn't understand what you were saying then about the type of equipment the type of truck is different We're also excuse me.

2:15:29 – 2:16:00Speaker 12

We're also asking for Updated equipment. We don't want a contractor to come in with some older trucks. We want newer Equipment newer trucks to come in so this gives the contractors the longer term contract, an incentive to purchase those new trucks if necessary, which a new truck is approximately half a million dollars. They would have to bring in two, possibly three trucks. They're going to have to make that upfront capital investment. And then they would be able to somewhat recoup it over the longer period of the contract.

2:16:01Nancy Stoner

I think I know the answer to this, but there's been no discussion with the condos about them coming in on the same contract, right?

2:16:15Speaker 18

There's certain things that we don't want to disclose about the RFP before it goes out.

2:16:20Speaker 18

You can talk to him.

2:16:23 – 2:17:36Edward London

Yes, sir? My experience with these wonderful trash haulers over the last... half-century, has been that you're going to get a price from somebody, and then basically you're going to get waste management or something like that that's going to lowball them or buy them out. And then you're going to start dealing with them. And the new guy goes in business, and he lowballs them. And then waste management or somebody else either buys them out. or basically lowballs them. So I understand why you want a longer-term contract. But my experience in the Dade County area has been that it's constantly this fight. New guys go in business. They don't last that long. They make money. They're bought out by some. I think, look at our history. Same thing has happened here with us. So I don't know what the advantage is for going. I understand why you're doing it because you think of the capital equipment. But I got to tell you, my experience has been it's the last thing you want to have is a long-term contract because basically then you do away with the guys coming back with a low ball price all the time. So, I mean, that's just been my experience.

2:17:36Speaker 17

I will reiterate within the bid.

2:17:37Edward London

My experience doesn't seem to be worth much, so I'm sure this is no different.

2:17:41 – 2:17:55Speaker 17

No, it is that is concerned, obviously within the bid price is not the only factor here so if a new vendor comes in and tries to lowball the majority of the score has to do with their experience their approach their equipment so. Yes, it's a component we look at it's not the only item so.

2:17:57Edward London

I hope that mitigate some of that concern and the idea of a cut different contracts we've had in the last say 3030 years.

2:18:06Speaker 18

This past one was a five-year contract. Our contractor did get bought out just last year. Great Waste got bought out by Waste Connections.

2:18:16Franklin H. Caplan

I think we've had five contracts.

2:18:18 – 2:18:46Speaker 18

But they take on those specs, and that's our job to make sure we hold them accountable to what they do. One thing I do want to say that Benjamin mentioned is although we will just be providing curbside service, there will be an opportunity for those who have disabilities or those who are elderly to come to the village and justify why they would need side yard service. So that won't go away for those who need it. How old are you going to be? We'll set certain criteria.

2:18:48Nancy Stoner

You're not there.

2:18:50 – 2:19:09Joe I. Rasco

No, I'm glad to mention that because my mother-in-law, when she was alive, she was 90-something, and she couldn't physically pull the cart to the curb. So that's, you know, you need to have that kind of flexibility.

2:19:10Speaker 18

My mother had that in Roanoke, Virginia, so if Roanoke, Virginia can do it, we sure as hell can do it.

2:19:14Nancy Stoner

Can we put out a phone number where people can call in so they don't have to come in?

2:19:19Speaker 18

Yeah, we'll figure out the right process. Yeah, I mean, we'll put it in place. I said that, but they'll figure it out.

2:19:25Michael F. Bracken

Mike, you've got a lot of experience with these folks. I've got a lot of experience, and we don't need to talk about it. We can do it sidebar. It's fine.

2:19:44Speaker 18

What do we have left? That was more than 22 seconds.

2:19:48 – 2:20:00Speaker 33

Is there any more in the manager's report, or can I move to the next item? Workshop for soccer. Council Member Stoner.

2:20:02 – 2:20:41Nancy Stoner

I would like to have in April, have it set in April, a workshop on soccer. primarily soccer, but some of the things we would be discussing might be applicable to the entire sports program that we offer. I would like to be able to organize by that point some presentations so that there are some things to consider about what kinds of changes could be made, what benefits they would provide, and let people weigh in on those things once we have that organized.

2:20:43Michael F. Bracken

Okay. Nancy, can I ask a question? How does the ASK group or the senior programs fit into your responsibility, or they don't?

2:20:54Michael F. Bracken

In sports, yeah. I mean, like the pickleball group at Colusa. I mean, what are we doing for this?

2:21:01Nancy Stoner

Because I'm the liaison also for disability and for athletics.

2:21:06 – 2:21:35Nancy Stoner

Disability primarily runs their own programs. It's not disability, but it takes a village, I think, does most of the programs, if I'm not mistaken. And Todd would know about what's at the village community center. Having said that, Marcelo approached Marcelo. Why can't I remember his last name? I'm so sorry. Our soccer director. Medici.

2:21:35 – 2:22:12Nancy Stoner

Medici approached me a while ago about he had some connection for soccer for disabled people. And I directed him to the disability board. And he spoke last night. So I think they're getting a program together for that. I don't know if it's a one-day event or whatever. But in general, I think Todd and the director Community Center has programs, and then Takes a Village has programs. But Todd probably knows more about it than I. But I don't know. That's all I know.

2:22:13Michael F. Bracken

But that's not under your liaison group? No, that's the Parks Department. That's Parks Department.

2:22:22 – 2:22:35Nancy Stoner

So anyway, I just want to have a workshop and be able to, have the opportunity to make presentations so people can see what possible improvements there are available and then weigh in on them.

2:22:35Michael F. Bracken

I second the idea. It's a great idea.

2:22:39 – 2:22:59Speaker 18

Okay, great. Mayor, if I would just add in, and this may be something you and I need to sit down. Over the next few months, we've got workshops on swales, the shoreline, stormwater, and the sports program. So we're going to have to figure out how to rank order them, find time, You know, obviously, we have the standard council meeting as well. So we got a lot coming up.

2:22:59Nancy Stoner

But soccer is more important than anything.

2:23:02Speaker 18

I think it's important. It is. But Mr. London might say stormwater is more important. So maybe we'll put you guys in.

2:23:09Joe I. Rasco

I think Nancy and Oscar would concur on that.

2:23:13Speaker 18

But so, yeah, so we've got to put that all in timing. And that's something maybe you and I can sit down, Mary, and we can work with the clerk.

2:23:20Nancy Stoner

We just have... If we're gonna do any structural changes, we have... No, I completely understand. Okay. Which would only be done if everybody wants it, so.

2:23:33Speaker 33

Consensus of council to hold an upcoming workshop on soccer.

2:23:38Joe I. Rasco

Yes, yes. Mr. Vasquez. Yes.

2:23:43Speaker 33

Village-wide traffic calming.

2:23:45 – 2:26:27Fernando A. Vazquez

Thank you. Thank you, Mayor. I wanted to have this opportunity to talk a little bit. I know it was a presentation made on traffic calming, but aside from receiving a complaint here and there, it really doesn't take that much to really see that people are really speeding like crazy in the island, and we really don't have a, that I sense, a comprehensive approach to how we need to control traffic. I mean, the other day I was walking on Harbor Drive, and I saw this car just Must have done like maybe five blocks at 70 miles per hour where I mean I am and it's dark and there's people walking and all that he needs to do is lose control of the car to kill another to kill a person. We need to really this is more of a call to you know to do something about it. I know we have deployed different treatments throughout the island. but I think traffic common is more comprehensive than that. I know we've looked at some infrastructure solutions like speed tables or maybe curb extensions, other things that could be out there, but it's not just about that. It's really about how are we gonna control the speed? There are elements out there. There is technology for speed management. Why are we not applying that? You know, also ITS, intelligent transportation systems. Why is it that we not program our lights better and control the traffic a little bit better than what we currently have? You know, enforcement is great, but it's expensive. Everybody says throw a cop in there, but at the end of the day you're paying somebody to stay there, or it's just not really that consistent and that sustainable in my opinion. And also education. how can we better inform our residents? I know the police department is doing a great job. I know our public works director is doing a great job of trying to do all that, but what I'm trying to articulate here is that there are different components to traffic calming, and it's not just instituting hard infrastructure. We have to do something island-wide to correct our traffic. And maybe- What do you got in mind? Well, I mean, I just stated out, I stated a whole, not just traffic calming elements, but look at also, as speed management technologies, right? Automated speed technology, smart beacons, we can look at pedestrian active signs when people are crossing. light up the streets so people know at least, cars know that people are crossing. IETS, there's adaptive signage, temporary speed zones. We can do real-time monitoring if we apply it. We have all this great money we wanna spend, right, Mayor, do the right projects. This is the right project to do.

2:26:27Joe I. Rasco

No, no, we can't spend any money.

2:26:30 – 2:27:02Fernando A. Vazquez

All right. Enforcement, I think, again, I think that the idea we'll throw a cop out there to take, I just don't think that that is sustainable. How long can we go on without really having a comprehensive plan stated? I want to ask the public works director. There's a line coming up here. Telling us what you're doing so far and who's designing what. Who's doing what, I guess. I mean, yeah, the police, great job. Thank you. And thank you for answering my calls, by the way, and my texts. I really appreciate that.

2:27:02 – 2:28:23Speaker 8

No problem. That's what we're here for. I understand your concern. I just, I came from a much larger municipality where you could institute some of these traffic calming devices. If you look at the way we're structured here on Crandon, and I know this was a big concern for Councilwoman Stoner and still is a concern for her, and I think we've done an aggressive and productive campaign to tackle this, but we have a number of lighted pedestrian crosswalks throughout Crandon that some people respect, some people don't, and we've addressed it through traffic campaigns and citations. I understand your concern of the sustainability of having an officer at a certain place. When it comes to Crandon and Ann Arbor specifically, I know that Chris and I have worked with the county on the signalization of those lights several times. I spoke to a resident on Ocean Lane Drive, I believe it was two weeks ago about this, and they were concerned about the left-hand turn lane and the timing of it and trying to get out We are a very dense island with substantial population, which increases substantially throughout the day. And there's only so many places to put so many vehicles. I understand your concern that a car may look like they're going 70. I drive this island a lot when I'm here. For someone to get up to 70 miles an hour here, other than going straight down Brandon.

2:28:23Fernando A. Vazquez

I wasn't clocking him exactly, but it certainly felt like 70. I know you're not.

2:28:27 – 2:29:34Speaker 8

This is a complaint I get often from Ocean Lane Drive. I get it from Enid. I've gotten it from Galen. I've gotten it from Sunrise. And then I put out the speed sign, which does have speed tracking data. We capture every vehicle coming in. to the second, and then I'm looking at the percentile of vehicle speeding, the data doesn't support what we're hearing. And I'm not saying it doesn't happen, because we've written a lot of speeding citations. But in the five years that I've been the police chief here, almost every single year, our citation count has increased. It's never gone down. It's gone up. And as far as technology, like I had a resident on Harbor recently say, well, why don't you deploy speed cameras throughout there? We can't. There's statutory law where you can put a speed camera and how you can deploy it. And it's very specific. And there's bills in the legislature now trying to reduce how you implement those. I'm not saying we can't take a look at things as a staff. We address these complaints as they come in, and I think we've been successful. I'm not naive. I know it only takes one incident, and everyone says, well, why don't you do anything?

2:29:35 – 2:30:21Fernando A. Vazquez

But I want to say that, if anything, I know both of you have been extremely responsive to the issue, and it's no reflection whatsoever... and your great work because I know you texted me immediately when I texted you that time. It's just more of trying to go beyond what it's generally done and working with our community to find solutions to try to reduce it or maybe come up with measurements so we understand at least, Chief, where we're at and is it reducing, is it going up, is it going down? But the perception is, man, I go out for a walk to take my dogs in Ocean Lane, and all of a sudden I see a kid just whizzing right by me. And I'm concerned. I think I share your concern.

2:30:21 – 2:30:44Michael F. Bracken

I mean, I spend a lot of time walking on Harbor Drive. And Harbor Drive is, like we all know, there's plenty of kids out here with really fast cars. And if you're 18 years old, you're going to put your foot in it. I mean, it's just part of being an 18-year-old boy. And that's the, I mean, I don't know what you do. If we can't put speed cameras in there and catch those kids, if they're not allowed to do that, then I don't know what you do other than put a cop out there.

2:30:44 – 2:31:34Nancy Stoner

I think, oh, I'm sorry. I think what really worked for me personally, as I told you, when you had on Crandon that sign, it would flash what your speed was, but the first thing you saw was the red and blue, and you thought you were getting pulled over. Right. That happened to me every time I drove down Crandon because I was going two miles too fast or three miles too fast. And I immediately put on the brake and it was right. You had it right before the village green. And I think maybe if you put that back out or put it on Harbor drive, it really would help. That was very effective. And I do want to say that two things, the, the school zone improvements on Harbor drive, I think really helped. And for sure. I forgot there's another good thing, but I can't remember what it was.

2:31:35 – 2:31:52Michael F. Bracken

When I remember, I'll pipe back in. Can we put speed tables? I mean, is it possible to put speed tables on Harbor? Or is it would just be, I mean, I know it's going to be a nuisance to the people that people go down there because it's a nuisance to go over them. But the ones on Island Drive are far less nuisance. I mean, they're easy to go over, even in any car.

2:31:53 – 2:32:12Speaker 12

Speed tables require a traffic study to be conducted to show the necessity to the county. The county oversees all traffic within the county, whether it's traffic calming, the speed limit. They oversee everything, even on the residential roads, even on our village roads.

2:32:12Michael F. Bracken

How do we sneak in all these speed bumps there?

2:32:14 – 2:32:37Speaker 12

For me to get a speed table, we would have to petition the county. They're going to ask me for a traffic study showing that it is... Necessity and they're gonna have certain guidelines One of which would be showing that there is excessive speed in the 85 percentile. So Is it possible? I would have to find out. I'd have to actually conduct a study.

2:32:37Michael F. Bracken

So just a question. Do we get, are the ones that are on Island Drive, are those legitimately put in there? Or are those ones that you, or shouldn't I be asking the question?

2:32:47Speaker 18

They were done many years ago, Councilman.

2:32:50Speaker 12

They were done many, many years ago.

2:32:51Michael F. Bracken

Okay, got it. Yes, the criteria has changed over time. Okay, you're replacing existing assets.

2:32:58 – 2:33:47Speaker 12

Now the existing ones that we have, especially the ones that were constructed in brick paper are deteriorating and they're not actually to the proper slopes as I've discussed. And I know next month I'm bringing forth the replacement about 17 of those to improve them. Speed tables are not the only tool that you can use, as the councilman was saying. There are other tools, curb cutouts or curb bump outs or chicanes. We have a couple of those. Traffic circles. We have traffic circles on Harbor. Those... Those types of things, a lane diet, reducing the width of the lane with striping, that sometimes helps reduce the speed. So there are things that can be done.

2:33:47 – 2:34:00Michael F. Bracken

Originally, Harbor Drive had bus service. I know that the road was designed to accommodate the buses. Now we don't have bus service there. So is the new design, are we doing anything to tweak the speed?

2:34:01 – 2:34:37Speaker 12

The new construction for Harbor Drive really, from the county's perspective, is a mill and resurface. So we're going to mill and resurface. We are removing the brick pavers because they don't pay for brick pavers. So we have to remove them in the traffic circles. And then that's going to be done with asphalt. And there'll be some improvements on that or some texturing done to those. but the width of the road is staying the same. We've done, we had to actually do a design and submit it to the county for the mill and resurface for them to approve so that we could move forward with our joint partnership agreement, our JPA with them.

2:34:38Fernando A. Vazquez

Chris, I have to ask, I'm sorry.

2:34:40Speaker 12

No, no, I'm done, thank you.

2:34:41 – 2:35:00Fernando A. Vazquez

To ask you a question on the design that's happening right now. There is a master plan, right, that's a traffic calming, What are we working? I guess the question is, how are we being advised? Who is advising us? Who is the consultant? What are they preparing? What are they doing?

2:35:01Speaker 12

We are using consultants to advise us on specific projects, project-specific endeavors.

2:35:09Fernando A. Vazquez

Okay, so we have a master.

2:35:11Speaker 12

We don't have a master consultant. traffic design that we're using, no, a master plan for traffic.

2:35:21 – 2:36:18Fernando A. Vazquez

That's why I was going about deploying treatments and doing it kind of, the board is not piecemeal, it's just the only thing that comes to mind. I don't intend it to be that we're going about scatterbrain, we're trying to do the best we can, but does it make sense to look at an integrated approach so we don't have one thought process happening here I know the thought process happened. I want you guys, let's think out of the box. Let's get out of the streets, the chicanes and all that. Let's try to figure out a way that we can reduce traffic in this island. And I listed a few things there, maybe listen to the tape. I think we can address it from many different, we can flank it from different sides. Like I said, not just elements of traffic calming, traffic management and technology, ITS, with enforcement and education. Let's develop something that is comprehensive for our residents so we are a traffic common community.

2:36:19 – 2:36:33Franklin H. Caplan

I got one observation for you on this. There's such a choke point at Fernwood Circle on Harbor. When you finally clear, people blast off because they're frustrated. They've been sitting a long time.

2:36:35 – 2:37:14Speaker 8

If I could just interject on that, because I've heard that complaint. We need to remember that we have 3 schools. And. Half a block area staggered dismissal and entry times. And and let's face it from what's become the secondary Cranston right? And it there's going to be choke points and especially in the morning when we have the long guy and the cleaning lady and the boat guy and. and parents and nannies, I get the frustration bit. I gotta tell you, the data on the speed camera shows the opposite effect. Because everyone knows now, I can't just blast off there.

2:37:14 – 2:37:35Franklin H. Caplan

During the speed, the school time, but here's what happens. There's a queue at 7-Eleven to get into the retail. That queue sets you all the way back onto Crandon. So the schools, yeah, they exist, but this is... significantly about, I think, the Donut Gallery.

2:37:35 – 2:38:03Joe I. Rasco

Well, I was going to say the same thing. I think the success of our businesses also creates issues. I mean, you know, Golden Hog is a happening place. People want to be there. The other one with the croissants, weirdo. So, you know... I don't know if you're ready to ban cars. Is that our next move?

2:38:05Oscar Sardiñas

How's the data past the Yacht Club? Because that's a real takeoff point after the two.

2:38:08 – 2:38:32Speaker 8

I got to tell you, we've had in the last two, three months, I've had three or four different complaints at various points of harbor. And we've put the speed sign out there from the 300 block to the 500 block down to, let's say. And the data does not show a speeding issue. And we had motors out there for two weeks at various times and very low citation count.

2:38:32Speaker 12

Keep in mind that you have traffic circles right past the Yacht Club. It starts at the Yacht Club right there. You have about three traffic circles.

2:38:42Michael F. Bracken

Remember, that's where that young girl died in the 911 that went off the road. Yeah.

2:38:47Speaker 8

You know, I have more of a concern when we get down toward Mashta. In the porch? Right, right. You know, that seems to be a choke point, especially for some of the residents that are.

2:38:55Nancy Stoner

For Cape Florida there, they fly. Correct.

2:38:56 – 2:39:12Speaker 8

Cape Florida, Mashta, you know, you can just, there's a long stretch there that you can probably gun it for a little bit. But that's an area that we've focused on also because one of the residents there had a lot of concerns. And certainly Cape Florida, we were dealing with that a few months ago also.

2:39:12Nancy Stoner

Saturday nights, that's a raceway.

2:39:15Franklin H. Caplan

I'm partly responsible because I jogged down there.

2:39:19Speaker 8

Make sure you wear a leg blanket so we can see you.

2:39:25Joe I. Rasco

You know, another thing, talking about the same subject that I've seen is people just rolling through the stop signs.

2:39:37 – 2:39:49Speaker 8

I'm going to get you data on how many stop sign tickets we've written in the last two months. Okay. And I got to tell you a big problem is Fernwood. I can't. We write a lot of tickets on Fernwood for running stops on Sun Park.

2:39:50Joe I. Rasco

Oh, yeah. That's the place. Yeah, that is the place to run that stop sign.

2:39:58Speaker 8

Giving a lot of free tidbits of information here.

2:40:02Fernando A. Vazquez

Mr. Manager, a quick question.

2:40:04Fernando A. Vazquez

Is there an opportunity, are we planning to have a workshop on traffic calming anytime soon? I know you're talking about it next month, but is there?

2:40:11Speaker 18

I'll put it to the final run. If you want to do it before April, we can do it. Oh, yeah, before, definitely. Let's just hold it right now.

2:40:19 – 2:40:30Fernando A. Vazquez

Now, but can we schedule a workshop on traffic? So we could hear the residents as well. Let's, let's, let's get out there. Let's do something a little more focused on traffic calming. We talk a lot about a stormwater.

2:40:30 – 2:41:19Speaker 18

We do. No, can I, we've done a lot of work. Soccer. We've done a lot of work over the years and it has been, you, you are right using the word piecemeal. You know, we've done bits and pieces of Crandon Boulevard. Um, We've done bits and pieces of Harbor Drive. We've addressed some of the issues. Again, it goes back to there's a lot of cars in a very small bit of area. Yes. You know, we did have a successful creation of the right-hand turn lane from Harbor onto Crandon. We've recognized now the traffic is beginning to back up again. So we've actually brought a firm into, well, not brought a firm, the same firm, Kimley Horn, has been working with us before, who understands their traffic extremely well. We're going to have them look at it again. And again, what's causing that? And part of that will, Frank, look at that circle there at Fernwood and Harbor.

2:41:20Nancy Stoner

If we do a viaduct, we could solve all the problems with that intersection.

2:41:25Speaker 18

I heard we could do a tunnel, perhaps. We could do a tunnel that pops up maybe down south somewhere. I don't know. Just a tunnel right underneath it.

2:41:32Joe I. Rasco

You just move the FPL station there. Just move it.

2:41:39 – 2:42:30Speaker 18

Look, you'd be surprised. I know, obviously, you guys aren't driving in here in the morning. We are. There are a lot of people coming to Key Biscayne in the morning. Oh, yeah. There are a lot of people. A lot of service providers. A lot of service providers. People going to places like the Ritz. The Ritz has got like a 500-person area. know staff they're big um so just the landscaping contractors yeah yeah you drive down west west there's landscaping trucks everywhere and it's you just you kind of like yeah yeah let us i hear what you're saying let us think through this council member we'll come back talk with you great and then if we think we need to go to the council level i'm not necessarily sure we do we've got professionals in house we've got consultants who can do this um but maybe we can look at a a larger approach, and we'll come back and make a recommendation to council at council meetings.

2:42:31 – 2:42:59Nancy Stoner

I do think we need to re-up the education again, just maybe recycle it again, because you did that great video. And I think that helps. We have different crosswalks with different rules. We have some with the flashers, some without. I saw someone waiting for the light, and I said, that light's never going to, you know, that light is never going to turn. You have to wait. till you can go and then just walk across. We have different rules in a lot of different places, different devices.

2:42:59Michael F. Bracken

I think Cranon's improved a lot. I think it's the internal streets where we have the more hot, rotting stuff, and Harbor isn't.

2:43:07Nancy Stoner

People are running crosswalks still.

2:43:10Fernando A. Vazquez

But all in all, thank you, because I know you guys are keeping up with a lot of stuff out there and getting a lot of calls, and I appreciate how responsive you are. Thank you for doing that. Thank you.

2:43:23 – 2:43:40Speaker 33

The next discussion item is motion to advance decision date to determine the plan, AECOM or GIT, to be used to improve the storm sewer drainage in Zone 1 to a meeting date no later than March 10, 2026. Council Member Lunden, your item.

2:43:56 – 2:44:43Joe I. Rasco

I don't know where to start with this, you know We're going to move everything up because You want us to move everything up even though you've been completely in control of the schedule you've been involved and with these two fine gentlemen about this. And so now we have to drop everything that we're doing and say, okay, this is it. The final day has come. It will come. It will come. I know that it will come, but why do we have to make it now March 10th? Mr. Kaplan.

2:44:44 – 2:45:57Franklin H. Caplan

Let me try it this way. The responsible decision point is when we're informed enough about all of the particulars associated with this concept that's being morphed into a plan that's not yet fully baked as a plan, in my view, including earlier assessments that were negative about injection wells because of spatial separation within a geography, which I don't know what the answer to that is yet. And the reliance on the existing collection system, to whatever extent that's part of the plan. I don't know what they're thinking about that yet. So the time to decide is when we're responsibly able to decide, and that's not until we hear all the details that I think I just tried to summarize and more, including what this is going to cost compared to the other alternative, and have an opportunity to hear from our administration and our project manager as to what they think. That's when I'll be ready to make a decision. That's the responsible time to do so.

2:46:00 – 2:46:50Joe I. Rasco

And I would say that You know, I'm okay for trying. I mean, you know, if it's ready, okay, maybe it's ready. I don't think it's ready. I had at the office here a long conversation with Mr. Giorgio. He didn't tell me he was ready. So, you know, not that I don't want to accommodate you, but I think it's, you know... It's just not there yet. And that doesn't mean that you know or anybody knows how any of us are going to vote, because we haven't sat down to analyze this thing yet.

2:46:52 – 2:50:07Fernando A. Vazquez

It feels to me like we have, like I said before, we have two different types of completely different designs, completely different theories, completely different approaches. And one of them is like I said before kind of I use the word robust and people get angry at me but I meant to say kind of brute force you know big pipe big pumps but lay it out you know dispose into the bay. Yeah you know that muscling tough job to build but and on the other side we have more of a diagnostic type of approach case by case basis which. To the extent of what the engineer could articulate the other day, it appeared to me that it was some issues that were not yet. solved the salt, which was the well, first of all, we did discuss about trying to understand what the pipes capacity is. and how this whole system will be manifolded. And I'm not saying, I think the idea is very novel. I think the idea is very astute. I think it fits the character of Key Biscayne because when we start ripping those streets apart, it's going to cost us a lot of money and a lot of impacts to the community. But that doesn't necessarily mean that one has to be thrown out and the other one has to come in. We have an opportunity here, maybe through an advanced process, and I was going to talk to the manager, maybe looking at, One modular pump station their modular think of them as modular pump stations right they get injected they act as they do and we could possibly with some form of a delivery process like a CMR or a design build get that moving so we understand a the cost will multiply that be what really is going to feel like what it's going to look like see can it be done. I mean, there's a lot of things that we're talking in theory that we don't know whether they will be applied in the field or not. And I am for something less impactful to the community. We know, we experience what that is and the impacts that it could have for the community. So what I'm trying to say is that let's advance with a diagnostic design more in trying to, you know, ACOM is ready to be bid. This one over here is at a level of what I call a design criteria level. easily create a design criteria package with outline specifications, let a contractor bid it, go ahead and build one or two pilot pumps, and let's test them out. What's the big deal? And if we can compensate for that, it can be a train of systems. It doesn't have to be a one-size-fits-all, and it's a way of accelerating the timelines. I'm trying to be prudent about it. I'm trying not, you know, there's a lot of money that's been spent and there's a lot of concerns about that money that's been spent, rightly so, rightly so, but let's not throw the baby out with the bathwater. There may be a component there that we could use. there's also this other modular pump stations that could be also very beneficial to our community. So why not explore it right now, throw one pilot pump station out there, see how it works, what's the cost? I talked to the engineer briefly, I don't know what he said, what did he say about? Like five million?

2:50:07Michael F. Bracken

Three and a half to four million.

2:50:08 – 2:50:34Fernando A. Vazquez

Yeah, I mean it's not, and plus it could do a world of good and we could see it working, and we could then later on measure and see what we wanna do with the AECOM design. One thing does not have to stop so the other one continues. That's what I'm trying to say. We got two different mechanisms, two different designs, two different thought processes that don't really affect or impact each other.

2:50:35Franklin H. Caplan

But nobody's talking about stopping anything. Can I ask you?

2:50:38Oscar Sardiñas

How far away is the Garden District kind of model from this?

2:50:43 – 2:50:56Michael F. Bracken

I can't answer that. I think Ed's not really addressing the concept. I think he's addressing the politics associated with the business decision. He hasn't gotten a chance to speak about that. Maybe you could explain, Ed, your reasoning.

2:50:58 – 2:53:23Edward London

Joe, can I speak? Yeah. Thank you. This came about, the dates. I got a call from Betty Shem. I can't remember what day it was, Saturday, Sunday, Friday, towards the end of last week. asking me to become a signatory to, I think, any 10 electors, whatever the initial number of people you need for the referendum that they have hired an attorney. They want to do a referendum. And I said, listen, Betty, I think you're premature. I don't think we should be doing that. We work as counsel. And I said, we have this. I think Steve has a schedule for April. He wants to delay a little bit. He wants time for evaluation at the last minute meeting. He said, after that, you needed some type of time for evaluation, so maybe May, April, whatever. And she told me, no, you can't do that. And I said, why not? She said that the last date, and I might be wrong, was either March 13th or March 15th in order to have the referendum on the ballot for November because the date that they accepted is July 20th or July 24th. But going backwards with all the time involved, That's what it came down to. That's what he told me. So I said, listen, let me do this. I said, let me see if, in fact, we can get a vote on this in March. And if we can, I don't want to have a referendum. It's a divisive thing. We don't want to have that. We agree on that. What? We agree fully on that. How unusual. Anyway, so whatever happened was that I got done with talking to her. I talked to Giorgio as late as yesterday, I guess, yesterday, to make sure that he would everything, that if any reason he could not give us enough data, prices and everything else, for the decision to be made at the meeting on the 10th. And that's where I'm coming from to have the meeting on the 10th. So at that point in time, you know, she can do what she wants. But anyway, that's where I got them. Otherwise, you know, just want a referendum? Find a referendum if that's what you want. My thing was trying to avoid a referendum if possible. That was all.

2:53:23 – 2:54:01Nancy Stoner

I have a question for Chad on procedure of the referendum. I've never been through it. I don't know about it. Someone said to me, that even if you miss the opportunity to get the referendum on the ballot for November, once you start the referendum process, whatever it is you're objecting to stops the vote. You can't proceed on that until the referendum is held. And if that's true, then we wouldn't even be able to vote on it if someone was trying to stop, for example, the ACOM project until the following year. Is that the way it works?

2:54:03 – 2:54:55Speaker 14

And it's not technically a referendum. I think that it's the ability. I mean, I haven't seen what they're proposing, but it's likely an initiative ordinance, which would be a proposed ordinance, which will have some language that will dictate, you know, some binding regulation on behalf of the village that the council will then have an opportunity to if they had the proper number of signatures and they're certified to decide to adopt it or not. And if you decide not to adopt it, then it goes to the voters. That's the process on an initiative, if that's what they're proposing. But it's not a referendum in the sense that you're not referring something or you're not asking a question. It's actually our charter provides for an initiative ordinance.

2:54:55Nancy Stoner

It sounded like they wanted to enjoin us, like an injunction.

2:54:59 – 2:55:13Franklin H. Caplan

If there's enough information to make a decision, we're going to make a decision. But I wouldn't want to make a bad decision to obviate the effect of another bad decision. And I think an initiative is a bad decision.

2:55:13 – 2:56:38Fernando A. Vazquez

And if I may, that's precisely why I was talking about having the engineer, having George accelerate the design to a design criteria package. ready to go out to bid as a design build for one or two modular pump stations. That way we will have the engineer down, we will have the package ready to go out to bid at BP. I'm just saying, you want apples to apples? This guy's already at a design bid build condition, meaning he's ready to ACOM. 100% plans issued to a contractor. George, on the other hand, Mr. Tachib, on the other hand, He has a design criteria package, meaning that he could still get a price for engineering and construction, and we could see it, and then we could make a decision. Does that make sense? That's what he expects to have on the 10th. Let him, let him, my suggestion would be allow, to counsel to think of allowing Tachieff to continue with, to a 30% design, which is what he's contracted to do, I believe. Well, I don't know if he's contracted. That's a DCP. I'm kind of going to throw some legal terms here. A DCP, design criteria package, based on the Florida statutes, that would be a standard set of documents that could go out to bid.

2:56:38Speaker 14

It's about 30% plans. That's a 30% set of plans.

2:56:40 – 2:56:59Fernando A. Vazquez

A 30% set of plans with a 30% cost prepared to go out to the contractor, either a construction manager at risk or a design-build contractor. That way, we have the closest apples to apples.

2:56:59 – 2:57:16Edward London

The only problem I see with your proposal is that I understand, again, what he told us the last time he had a presentation and when I talked to him on the phone a couple times since then, The system is interconnected.

2:57:17 – 2:57:31Edward London

So it's not just having two modular units. He now has a system of six modular units interconnected together. And I spoke with him, and he mentioned that he could do it. Fine.

2:57:31Fernando A. Vazquez

So you mentioned to me that you could do it.

2:57:33Edward London

I'm not saying you can't do it. I'm saying to see how the whole system works. He's built the whole package together for the whole system to be interconnected.

2:57:43 – 2:58:25Michael F. Bracken

Anyway, that's... We've got two things going on. We've got a political issue that we're dealing with, and we have a technical problem that we're dealing with. Right, Joe? Yes. And one of the things we do know is that this project could be phased, the Takish process could be phased, where we could go in and address the school, maybe not a pilot project, call it, but we could phase that. The beauty of that system is it's phasable, meaning we don't have to do all six. And I talked to him about phasing it as well, and he said it could be phased. I'm also concerned about running into the referendum issue, but I don't know how to deal with that, Chad. I mean, you can't, I mean, that's separate.

2:58:26 – 2:58:45Speaker 14

You can't control that, right? I mean, the only thing that I can lay out for you is I think what Council Member London said is that there are deadlines if, you know, these individuals want to try to get on a November ballot, and those are out of our control also. So those are set by the supervisor of elections, and, you know, so.

2:58:46Joe I. Rasco

Chad, do you know for a fact that that is a deadline?

2:58:51 – 3:00:18Speaker 14

so we the supervisor of elections has produced a deadline of when she has requested that any matter go on to the ballot which is not you know an election for office so i believe it is july 24th i believe okay um Now, with that being said, I think, is that correct, Jocelyn? Okay. We received correspondence like all municipalities did. Now, with that being said, I mean, it's really up to the supervisor of elections. So under Florida law... We would call, if this were to proceed, we'd be required to call a special election in conjunction with the general election. And that is at really the whim of the supervisor of elections who has to consent for us to do that. But right now, the deadline that she has put out to all cities in Miami-Dade County is July 24th. Okay, so. So if you back out as comes from our London was saying you know there's a lot to do for someone to try to provide for a petition the citizens initiative time wise. They have 60 days to get the signatures to Council's 45 days to review if it happens there's time in between the clerk has to have this signature certified. I mean there's there's a several month you know period multiple months.

3:00:20 – 3:00:33Nancy Stoner

Well, what would be the harm if we set the March date and then maybe we can, maybe we can't achieve it?

3:00:34Fernando A. Vazquez

Well, I think we can if he comes up with a design criteria package.

3:00:39 – 3:00:50Nancy Stoner

What I don't want to do, what I don't want to do is feel that we're forced to make a decision when we don't have real numbers, and then that comes back to haunt us.

3:00:50Joe I. Rasco

A gun to your head here.

3:00:51Nancy Stoner

Right, that we, like, that's already happened.

3:00:54 – 3:01:21Speaker 14

Oh, and one other factor I'll just mention, I mean, again, this is outside of our control, but even if a petition process starts and even if it gets certified, The petition committee can still withdraw that petition, I believe, 15 days before the election. So they still have choices, too, if you were to act later and they wanted to change their mind. But again, you guys can't control that. You can only control what you control.

3:01:21 – 3:01:38Franklin H. Caplan

There's two things that have to happen. He's got to complete the work. You've got to have time to read it so you can tell me what you think about it. And then somebody else has to give me their advice as well. And then we need to consider whether this is going to be efficacious as we intend and how reliable it is.

3:01:38 – 3:01:56Fernando A. Vazquez

I end up saying always the battle of the engineers. You know, these, and what makes it more challenging is that these are two different designs. Do not compare one to the other. It's impossible to do so. It's impossible. One's a modular, and the other one's a steady state flow type of system.

3:01:56 – 3:02:13Edward London

Excuse me, it's not impossible, because we're looking at the goal of doing storm sewer remediation. I understand. They both go to it, and the question is we're looking at the result. I think that's what we care as a council, the result and the cost. How the engineers do it is their business.

3:02:13 – 3:03:41Fernando A. Vazquez

One more thing that I want to say and just also to add to the decision process is that We're still haunted by this ordinance that was done by Miami-Dade County on water quality. I've stated it before. I've even written an article on this before about my concerns about the way that even though the manager has been very diligent and staff have been very diligent in trying to get a variance, the county dictated the law. They wrote a regulatory ordinance which is requirement of maintaining a certain water quality that discharges into Biscayne Bay. By us, to continue to discharge into Biscayne Bay, we're setting, it's a horrible precedent out there as being the first ones who finish up a stormwater system, and we're already getting variances for an already impacted So environmentally speaking, I like the injection component because it divorces ourselves completely from Biscayne Bay. I myself, when I first wrote the first stormwater master plan in Miami Beach, that's what we said in 2009. We don't want outfalls. The problem that we had was a regulated component. We could discharge only so much. That's what I'm saying. If we begin the process of doing modular pump station first, and we start injecting what we can engage, we can test this system, and we can also be a model to the rest of the community so we're not discharging directly into Biscayne Bay.

3:03:42Joe I. Rasco

So I'd like to leave it at that. Yeah, hold on a minute.

3:03:45 – 3:04:02Speaker 18

If I could say, and by no means, Mayor, does this have to do anything about which project we should go to, I just want to make it very clear that we have a permanent project, and that water quality analysis has been taken into consideration by RER. There is no variance on that permit.

3:04:03Nancy Stoner

No, but we're grandfathered in.

3:04:05Speaker 18

We're not grandfathered in. We have a permit from RER.

3:04:07Fernando A. Vazquez

Yeah, well, we got a permit, but we got a permit, but we're not compliant. We got a permit, but we're not compliant.

3:04:14Speaker 18

They're fully compliant with the county's ordinance.

3:04:17Fernando A. Vazquez

I don't think we're compliant with the water quality requirements, Steve.

3:04:20 – 3:04:34Speaker 14

I think, first of all, that ordinance is being held in abeyance because of SB 180. So I don't think that that ordinance is currently being enforced in the county. But Steve is correct.

3:04:35Speaker 18

They're applying the water quality standards, but there are additional components to that ordinance, and we are fully compliant with that ordinance.

3:04:42Fernando A. Vazquez

That doesn't take away the reality that we're still contaminating Biscayne Bay.

3:04:46 – 3:04:57Speaker 18

I just want to make sure. I'm not having that argument. I just want to make sure the council and the community understands that we have a permanent project fully permitted by county ordinance. I'm not debating whether it's water quality.

3:04:57Joe I. Rasco

Under that ordinance. Under that ordinance. That's right.

3:05:00Speaker 18

And I'm not making an argument about water quality and not water quality.

3:05:03Fernando A. Vazquez

But a permit can always be revoked. Is that correct? A permit can always be revoked.

3:05:10Edward London

I don't think life safety could be. or only if you continue to.

3:05:16 – 3:05:30Fernando A. Vazquez

I've stated my piece long ago on this. I've even written about it. I've even written an entire plan on it. I would hate to continue to discharge to Biscayne Bay. There's a study on that that's very polluted. We don't want to continue to be part of that.

3:05:31Edward London

Fernando, a question. Can they revoke the permit?

3:05:36Fernando A. Vazquez

I don't know. I mean, I'm sure that there's been circumstances. The county can do what they want.

3:05:42 – 3:06:02Speaker 14

I mean, it's not a question of if. I mean, the village, anyone can revoke a permit. It's just what happens next. I mean, the village has rights that it has obtained by being granted that permit. So, you know, anyone can revoke a permit, but there's risk in doing that.

3:06:03Fernando A. Vazquez

Yes, but it's hard as a village and as hard as a community that discharges into Biscayne Bay with a straight face to tell them that we're taking care of water quality.

3:06:13Edward London

Are you saying they can revoke the permit?

3:06:15 – 3:06:31Speaker 14

I'm saying that the village revokes permits. There might be ramifications to that. If the county were to revoke our permit, we would probably come back to the council and might want to sue the county. I mean, so.

3:06:31Edward London

If we comply with the rules and regulations.

3:06:34Speaker 14

They can red flag the job. What I'm saying is, I'm not saying they would be right. I'm saying that they could.

3:06:42Edward London

But not legally.

3:06:43Speaker 14

Well, they could red flag it. We would red flag it.

3:06:46Michael F. Bracken

We'd sue them. We'd go back and forth.

3:06:48Edward London

They do it legally, Jack.

3:06:51 – 3:07:22Speaker 14

Look, we submitted for a permit. That's met all the requirements and was approved. Now, are there circumstances where governments revoke permits? Sure. Maybe there was an error by staff. Who knows? I'm not saying that's the case here. But cities and counties revoke permits all the time. They have to weigh the risk of that because people will argue some type of equitable relief, whether it's a vested right or an equitable estoppel or whatever it may be.

3:07:22 – 3:07:38Edward London

What I'm saying is I know they have the right to revoke a permit or modify it because of life safety, fire, accidents, all kinds of things like that, egress. They have the right to do that, but do they have the right to do it for permits like this? That's what I'm asking.

3:07:39 – 3:08:02Fernando A. Vazquez

It all depends on the ecosystem, I'm sorry, of Biscayne Bay. If it continues to be affected by it and it becomes an environmental crisis, which I'm not extrapolating here. The reports have already found how deficient the Biscayne Bay is, and we continue to discharge pollutants into Biscayne Bay. I would not want to be in a position or leave future.

3:08:02 – 3:08:17Edward London

Nobody wants to. I'm just trying to go, Fernando, I'm just trying to determine, is there any ex post facto thing in the law when it comes to this kind of thing? I know there is for life safety, but I don't think.

3:08:17 – 3:08:47Speaker 14

No, it's, for errors of staff. There's all different sorts of examples. Governments are changing standards. No, you're subject to the standards that you apply. When you apply, you're subject to those standards. Now, sometimes a government will change standards midstream and will try to apply the new standards. That's not the case here. They applied the standards that were applicable at the time and the village had their permit issued.

3:08:48Edward London

So they really can't revoke it legally, right?

3:08:51 – 3:09:11Speaker 14

I mean, again, there's a difference between, right now we have a legally valid permit. If they were to revoke it, I mean, unless the council decided otherwise, we would probably challenge that as being illegal on behalf of the county revoking it.

3:09:12 – 3:11:11Joe I. Rasco

And what I'd like to see, and I think the majority of my colleagues, is that we end up with a big whiteboard that would say, here are all the pros of doing it this way. Here are all the negatives of doing it that way. And that would certainly be one thing that we would consider, that we would say, OK, is this the environmental aspect of it, the cost factor, You know the how many times, we have to open the roadways all those things would be what. I think we all want to be able to sit down and analyze and, at the end of the day, everybody make a decision say okay i'm for this one i'm for that one or you know and come up with a consensus and. And that's what I think we need to do, and we don't need to have a gun on our head. We're just trying to go through a process, and we have methodically gone through that process. We have deliberately said, and I said this at the last State of the Village, let's pause, okay? And after we said, well, let's pause, we said, okay. okay, let's have a committee. And the committee did, it's doing its work. And then after that, we said, okay, let's look at an alternative. Oh my God, son of a gun, you know, we're inflexible. We're totally inflexible, right? And we looked at this possibility and we funded it. We funded it to $250,000 to look at this alternative. And you're telling me that we're not flexible, that we're not even pliable or desirous of looking for the right answer? Who said that? That's what March 10 says.

3:11:11Edward London

No, it doesn't. Yeah, it absolutely does. It absolutely does. If you don't make a decision, you don't make a decision. We'll see what we have.

3:11:21 – 3:11:42Joe I. Rasco

And that's all we're saying here. It has nothing to do with I want to do it. It's having all the information and being able to sit down with it without having somebody telling you, oh, we're going to look over your shoulder. Come on. Have we not done things right by you, Ed?

3:11:42Edward London

The ad hoc committee, in all due respect, was dragged out Six months longer than was necessary. Okay. All right. You made up your mind.

3:11:52Joe I. Rasco

You don't want to analyze anything.

3:11:55 – 3:12:41Edward London

Listen, all I'm saying to you is there's no gun on the head. You already have the ACOM thing. You have the ACOM boosters. They're telling you how great it is, and that's fine. Now we'll have a here from whatchamacallit, from GIT. They'll tell you the situation. And that's what we all want. Fine, so they'll tell you the price. And they'll come here on the 10th or sooner, give you the information sooner. So on the 10th, you make a decision. Or you don't make a decision. You say, fine, I don't have enough. All I'm saying is, if in fact on the 10th, You're satisfied. Everybody here individually is satisfied. They have enough information to make a decision. They make a decision. If they don't, they don't. That'd be great. That's all I'm saying.

3:12:42 – 3:13:34Speaker 18

Mr. Mayor, look, I mean, someone mentioned earlier about this being a political or technical situation. I'm also going to consider this a management situation. Because I'm not sure where Councilmember Lunding is getting information. I'm not sure where Councilmember Bassett is getting information. I'm not sure where Councilmember Brackett is getting this information. I thought the administration was the ones who were managing this project. And we're working with this guy on a daily basis. And his contract is to provide a deliverable in April. And I'm not sure how all of a sudden he's ready for March through a phone call. If we're going to take this seriously, we need to just deliberately. We're here to represent 15,000 people. Not a few people might put a referendum in place. We have to take this seriously, and it's just another month. Let's just take that time. But I would also ask the ability to be able to manage this project so that I can provide a good recommendation to the council.

3:13:34 – 3:14:04Franklin H. Caplan

We need a recommendation. It's not just a deliverable. Yeah. Yeah. And there are two different things going on. One is resilience everywhere, coastal, inland. Water quality is not great. I don't know this, but there's reason to think this is plausible, that one reason we have a permit is because the people that assess these things and decide on permitting realize that there have to be outfalls or there will be flooding. That's possible.

3:14:04 – 3:15:26Fernando A. Vazquez

Yeah. But the Biscayne Bay report, and that's available. The key this this game based in the state of crisis, I mean we know that right, so we do know that and and again i'm not. Again, staff has done what they could, because the requirements are so stringent that the basic that would require a water wastewater treatment plan we're membrane facility to take care and reduce the pollutants. So we either work on that ordinance, but the problem is that we continue to disbalance the ecosystem of Biscayne Bay, or we work in a system that is maybe a train type of system where we include pump stations, some pipes here and there. It's a combination. I think what we're trying to do to the manager is not necessarily, it's try to find the right solution that fits the environmental requirements, that fits the impact, the financial impact, and our physical impact to the community. I don't think anybody at this point is doing anything more than just fine-tuning what should be a successful design for Key Biscayne. I think, and this is, you guys have done what you can with what has been given, but right now we are at a point, we are at a crossroads, excuse me, we are at that inflection point that I said we would derive, which is to make a decision to go in one direction or the other.

3:15:26Franklin H. Caplan

I'll tell you, let's look at it this way. This is a very simple conclusion for me. I won't make a decision that I consider to be half-baked to avoid an initiative.

3:15:43Edward London

Does that mean if you have the information by March 10th, you will make a decision?

3:15:49Franklin H. Caplan

If I have the information and I have advice that I think is credible and my questions are answered, if I have any, I'm ready to make a decision.

3:15:57 – 3:16:14Oscar Sardiñas

I think the criteria of making the decision doesn't change. We stay steadfast in understanding everything. Now, if that all information, if everything that we anticipated we needed to make this decision come But I'm not guaranteed that we can have all that information. You seem to think we can.

3:16:15Edward London

He tells me. He tells me he can. I get it. I'm only. But to the manager's point, we're not managing the entire project.

3:16:20Oscar Sardiñas

He didn't tell me that yesterday. He didn't tell me that either.

3:16:25Franklin H. Caplan

So let's see. All right. So where are we?

3:16:31Speaker 33

Was there a second for Council Member London's motion?

3:16:37Oscar Sardiñas

Or the. I think Frank put it perfectly. Well. He made a motion, did anyone second it?

3:16:43Michael F. Bracken

I thought we seconded, I seconded it for discussion purposes, and then that's why I thought we did discussion purposes.

3:16:49Nancy Stoner

Well, what did Frank say? Frank said for March, and if we have the information, good, and if we don't, then we don't pass it.

3:16:57Franklin H. Caplan

I said that too, but I also said that I won't make a decision to avoid an initiative if I think it's not well-founded.

3:17:03Nancy Stoner

I don't think anybody would do that. I certainly am not gonna do that.

3:17:08 – 3:17:27Fernando A. Vazquez

If the motion is to have something by March, not to avoid the initiative, I'm for having it by March, because we have to come up to that decision. I said it at the last meeting. We're getting to that inflection point. We've got to make a decision. So I don't think that March is a bad day to have a decision. Let me rephrase that. A decision not to avoid a referendum.

3:17:27Oscar Sardiñas

We're going back on a contract that said April. We're going to go back to that vendor. We're going to tell them, you know what? April's not good enough. Have it to us right now.

3:17:33 – 3:17:49Nancy Stoner

No, no, no, no. No, no, no, no. I don't think that's what we're going to do. That's what we're going to say. I think we're going to say, can you... Can you have the information by March? If you can, you can. If you can't, you can't.

3:17:49Edward London

What's the deliverable? The system?

3:18:04Oscar Sardiñas

and we're asking to get it to us sooner. Here's a hypothetical. What risk?

3:18:07Franklin H. Caplan

We assemble at 6.30 on March 10, and somebody puts an envelope in front of you, and you open it at 6.31. You going to vote on that?

3:18:18Nancy Stoner

I didn't hear you.

3:18:21 – 3:18:43Franklin H. Caplan

What did you say? You get a submission from GIT at 6.30 in the evening on March 10. You haven't seen it before. You don't know what the administration thinks of it. You don't know how complete it is. You don't have any answers because you don't have any questions because you haven't been able to formulate any. You don't know what Black and Veatches says about it. You gonna make a decision that night?

3:18:47Nancy Stoner

I'm not gonna make a decision until I have all the information.

3:18:49 – 3:19:17Edward London

I think we're all saying the same thing. So I'll rephrase the motions. Is everybody here? willing to make a decision on March 10th if they have adequate information in time to make a decision at that time whether to move forward with ACOM or GIT? I've already said yes.

3:19:18Fernando A. Vazquez

Yeah, I mean, on that standpoint, that's fine.

3:19:20Edward London

Well, I mean, you said yes. There's six other people here.

3:19:24Michael F. Bracken

I'm good with that, if we have the information.

3:19:27Speaker 33

No consensus of council?

3:19:30Nancy Stoner

There's no consensus. Your motion is actually different than your motion is. Ask GIT if he can present us.

3:19:38 – 3:19:59Edward London

He said he can. So I'm just now saying, assuming he can, assuming we have the information in adequate time so you can look at it and make a decision on March 10th, are you willing to do that? Or do you want to wait, like Steve said, to April something or May to make a decision? Because that's what his contract calls for.

3:20:00Franklin H. Caplan

I don't want him to rush irresponsibly. I want Black and Veatch to have time. I want the administration to have time. I want to have time. The answer is no. It's not no.

3:20:12 – 3:20:27Fernando A. Vazquez

I don't think he's that far from a DCP, to be honest with you. I don't think he's that far. The way I spoke with him, I sensed that he was already at a point that he could produce a package by March. But I may be wrong.

3:20:29Speaker 18

Well, he's not contracted into a design criteria package.

3:20:32Fernando A. Vazquez

Oh, you're right about that. That's true. So we could always extend it to a design criteria package if need be. But he could have it ready. He could have the designs.

3:20:41 – 3:21:10Speaker 18

Steve, Steve, I guess I don't know. I mean, I guess I get to really ask a serious question. And am I managed this contract or is every council member who's talking with Georgia managing this contract? And this is not a really good way to do a project that is really important decision. And I find that one council member says he's ready, the other one says he's not ready, the other one says he could be ready. I don't know. Maybe some guidance from council as to who's actually managing this project.

3:21:11Edward London

You are. Just to say we managed the ACOM contract. No different.

3:21:24 – 3:21:46Speaker 18

If that is the consensus of the council, my recommendation is not to bring it in May. and to bring it, as it is contracted, to bring it in April so that we have an opportunity to evaluate it, that you all have an opportunity to evaluate it, because right now we have an ad hoc committee meeting scheduled for the 1st of April when he is due so that they have an opportunity to review it initially, and then we would bring it back to council for a recommendation.

3:21:49Speaker 4

I'm good with that.

3:21:51Michael F. Bracken

I don't want to feel like I have a gun to my head by some people. I was just trying to manage the political issue. If there's no way to manage it, forget it. Just move on. I agree.

3:22:09Speaker 33

So the motion dies for a lack of, the amended motion dies for lack of a second.

3:22:13Edward London

Yeah, that's fine. OK. Yes. Can I just ask one more question? What does it

3:22:26 – 3:22:50Fernando A. Vazquez

Okay, so I'm going to ask the administration, why do you feel that he's not ready and why is he not? Can we have a quick technical discussion to understand why he's not ready to submit in March? Can I understand from a technical perspective, why is he not ready? What does he have to have that is not ready to come up in March with a much better understanding of the design? Okay.

3:22:53 – 3:23:57Speaker 18

Specifically, I can't tell you, and I think if you all look back to the presentation that you all received just a week, week and a half ago, it was nowhere near close. I mean, it was PowerPoint deep. I'm telling you, too, this is PowerPoint deep. He hasn't put the design of a specific pump station in place. What he's done is he's sketched it out. We haven't located where those would be. He hasn't identified, you know, he's estimated about 7,000 pipe. And this is nothing against him. He's doing it at the timeline that we asked him to do it. He identified 120 catch basins that would either be raised or lowered. We haven't identified where they is. He's identified that he might have to raise the rows in order to slope it in that direction. He has no survey to say what they are and where they would be. He's got a lot of work to do. And I'm not even sure he's going to make April, but his contractors get to April, so he needs to get to April. He's got to get a serious cost estimate. This is a very hard thing to estimate costs this early into a concept. He's going to have difficulty getting something that we can really evaluate.

3:23:57Fernando A. Vazquez

What design would we say he's at, 10%, 15% level, maybe?

3:24:05 – 3:24:16Speaker 18

I mean, I'm not going to pick a number out of half. He's PowerPoint. He's PowerPoint. I'm not asking it. You may have stuff behind it. I haven't seen it. I mean, I think Mike could have left. Yep. I mean, Chris, you've been looking at it. I mean.

3:24:17Fernando A. Vazquez

Has he been? Have we done the TV of the pipes that we've done on it?

3:24:21Michael F. Bracken

No. That's not in the contract.

3:24:24Fernando A. Vazquez

OK. But it's part of helping arrive to a decision.

3:24:29Speaker 12

No. We're still waiting on pricing from three contractors currently that we've reached out to.

3:24:41Speaker 18

I guess I'll flip this around. Why do we want to rush this guy? Don't we want the best answer?

3:24:49Michael F. Bracken

Of course we do. I thought we were managing a political issue, but we're not going to do it, so let's move on.

3:24:55Nancy Stoner

But even for April, he's not going to have done the scope, the pipes, right?

3:25:01Speaker 18

No, but that's not necessary part of the deliverables. That would have to be in the final design.

3:25:05Nancy Stoner

Doesn't that go into the cost? Because by scoping, they may determine how much repair needs to be done, and that's real money? Perhaps, yes.

3:25:14Franklin H. Caplan

It may be efficacy, too. I don't know to what extent he's relying on the capacity of those pipes.

3:25:20 – 3:25:34Fernando A. Vazquez

I don't know. I was given a different version of that. But that's, look, let's give him the, let's, but he's got to accelerate it. He's got to accelerate it. We're beating the clock in here. He's got to get it done.

3:25:34Nancy Stoner

He said he wants it televised.

3:25:36Fernando A. Vazquez

Got to get it done. Got to get it done. Got to get it get on.

3:25:44 – 3:26:11Speaker 33

Shall I read the final item? To request the manager to direct his code compliance department to survey all street crossing intersections in Key Biscayne for compliance with setbacks in our zoning code. Notify all property owners who are not in compliance. Provide a list to all council members of non-conforming properties. Council to consider proper remedial action for non-conforming properties. Council Member Lunden, your item.

3:26:13 – 3:26:26Edward London

So basically, there's a number of spots that I find. They're blind spots when you come to the intersection. You can't see the traffic because people are going out to the corner. I think the setback's about 30 feet, the triangle. I'm not sure. Do you know, Jeremy?

3:26:31Speaker 11

Whatever it is. Visibility triangles measured from the property line. and is usually 15 feet back from the intersection.

3:26:40 – 3:27:04Edward London

I'm saying we just go out, let them drive around, if they do anyway, measure that, and then write the list, notify the people, come back to us. A lot of these people invested a lot of money in landscaping. It'll take time or whatever, and then we can decide what's a fair way of having them comply with the zoning code and make it safe. I mean, there's some places that are really deadly, really deadly.

3:27:06 – 3:27:44Nancy Stoner

Can I amend that? I would also request that the co-compliance, well, I don't know who it would be, but someone also go and look at all the landscaping in the islands and the turnabouts, because I find them very difficult to see. People crossing, children crossing, and oncoming traffic when you're on the other side. I keep complaining about that. 7-Eleven is one of the places. Right in front of the Presbyterian Church, near the Yacht Club is one of the places. Really hard to see.

3:27:48Oscar Sardiñas

That's in the right of way.

3:27:49Speaker 12

It's actually Public Works in the height. We'll take care of it. It does it. Yes. Right. We'll figure that out.

3:27:55Nancy Stoner

I think it's all the same issue. Yes.

3:27:58Edward London

Any kind of sight lines?

3:28:00 – 3:28:12Franklin H. Caplan

We're going to do this. This is part of that swale analysis. The only thing... that seems a little bit incorrect to me is to send notices of violations before this comes back to us to see what the conditions are.

3:28:13Edward London

This has nothing to do with Swales.

3:28:14Franklin H. Caplan

He didn't say that.

3:28:16Edward London

It's the line of sight. Exactly. Nothing to do with Swales. There's the intersection at the corner.

3:28:21Franklin H. Caplan

It's part of the work scope that we talked about last time we were together.

3:28:25Edward London

But nothing was done.

3:28:26Franklin H. Caplan

We haven't done it yet. There's a workshop scheduled.

3:28:29Edward London

We waited until somebody gets killed to do the motorbikes. You want to wait until someone gets killed here to do this? Of course not. Why waste time?

3:28:37 – 3:28:50Franklin H. Caplan

I'm not talking about wasting time. I think let's do this, but instead of sending notices of violation before we deal with the report back to see what we're dealing with after years of non-conforming uses and tolerance.

3:28:50Joe I. Rasco

We have consensus to have the administration look at this and then come back to us.

3:28:59Edward London

Meaning to have the people go out and check every intersection.

3:29:04Joe I. Rasco

there's a change that's going to be made. Make a list. Yeah, and if we need to look at that before we send out. Okay, so we're good?

3:29:16Edward London

We're good. That's fine. Motion to adjourn. We will execute it. Do we have to do anything on this to make this?

3:29:24Speaker 33

Consensus of council.

3:29:25Speaker 18

That message received. We'll do it. All right. Thank you.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.