City Council - Regular Meeting

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

Present.

Council Member Bracken.

Here.

Council Member Kaplan.

Here.

Council Member London. Here. Vice Mayor Sardinius. Here. Council Member Stoner. Here. Council Member Vazquez.

Here.

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

Let's stay standing for the invocation.

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

Good evening. Good evening, Reverend. Let us pray. O Holy One who is known by many names, we give you thanks for this day. We give you thanks for this wonderful island home where we live. We give you thanks for our village council, our mayor, and all the staff members who serve our village. We ask that you be with them tonight as they take counsel about affairs concerning our village, guide them into wise decisions that our island may continue to prosper and grow. We ask a blessing on each and every one of them, and this we pray in your holy name. Amen.

First item, Mr. Mayor's brief comments by counsel.

I'd like to congratulate Councilwoman Stoner for putting on the disability summit yesterday. She and her team did a great job, and I think everyone got a lot out of it, so congrats. Thank you. Excellent job.

May I?

Yes.

In that regard, I just want to recognize the people who did the real work for that. In our Disability Advisory Board, we have Annie Thompson, Terry Oliva, Elise Binhach, Leandro Baer, Chiara Bergonzoni, Christy Mendia, Sonia Keefe. And of course, we couldn't have done any of it without Todd Hoffer, Berth, Of course, Mayor Rasko led us last night. He introduced everybody. And Vice Mayor Oscar Sardinas was there. It was the first ever summit for disability. And disability advisory board members came from all over Dade County. Commissioner Regalado was there the entire night. And we also had Dr. Michael Alessandri from The CARD program, Jennifer Durochet from University of Miami CARD, and Dr. Jeffrey Brosco from the University of Miami School of Medicine. It was an amazing project, and I am so proud of what my team did. I just followed along, so I'd like to thank them. I have one other quick thing I want to say.

Absolutely.

It's a little off, but... Last week, as I was walking one night, which I do regularly, I ran into Gustavo. And I'm just hoping that he's watching tonight. I came upon in the dark on Crandon Boulevard, where some lights are out, a man on a recumbent bike. And his legs were banded by a resistance band. And he was working really, really hard. And it was dark, as I say, and we had a few niceties that we exchanged, and I spoke with his daughter and his wife, who were walking near him, who said that he had just had a massive medical setback, and he was out there struggling very hard to come back. So I promised him that we would get, which we are working on, and Gustavo, I want you to know, we are working on getting the lights back on Crandon Boulevard, so he needs to keep the good fight going, because he's going to be fine. And I'm very... determined to get the lights back up. That's it for me.

Great. I'd like to skip over, if you don't mind, to the rugby presentation so that we can get the students back home to do their homework.

Special presentation for the KB Rugby Rats under 19 and under 16 state championship teams and rugby for all players.

We're going to be bringing all the players off, some of them. So it's going to be a big crowd. I apologize. No, no problem.

We welcome you.

They're all excited. And some of the, also the players of Rugby for All, they didn't win a championship yet, but they are here also to celebrate. So you're going to see them all. Thank you.

Thank you for having us.

All right. We're used to scrums.

We can do one all together right now here.

Have the whole crowd here now. I hope you're watching this rugby.

Once again, thank you to Mayor Grasco. Thank you also to all the committee. As you know, this is not the first time we come here. Last time we came for a tournament, but now we won the Florida Regional cap so we have both under 19 and under 16 with the caps cactus we present those and also we want to present our boys from rugby for all that they hosted their first tournament in their lives they played last saturday so thanks again and thank you mr top i don't know where you are for having us the field ready on october thank you so much thanks first time we won both championships so once again thanks applause applause applause applause applause applause applause applause applause applause

This is a rugby program for everyone so all my friends love to come and we have these amazing group of people and

I also come. We play rugby once a week, every Tuesday. And last week, we played a game in Western for the first time. It was amazing.

So on behalf of the village and my council persons that are here, we want to congratulate you for the work that you've done. You've been here before, so we know the work ethic that your group has and the fact that it's such a great family program. It's not just about paid coaches. It's about being very involved with the community and working as a team together. working as a family to get these boys to have a great situation both in school but also in athletics. And so on behalf of my colleagues, thank you very much, and we appreciate you so much that you've been able to achieve as much as you have been able to achieve on a shoestring budget and also with all the difficulties that come with being involved with a nice group of guys. Give me five. Go home and do homework.

Thank you. Welcome. Thank you. Thank you. My day is gone, baby.

Bye, nice to meet you.

I'm really struggling with not letting my- For an hour and two days a week with a friend at 7 o'clock.

I don't know how we top that.

Fuel card of some sort, whatever that's about. Why would we need a fuel card with gas?

Thank you. This isn't for us.

This is for fleet management.

That was quite a throng.

The next item.

Why don't we take the opportunity to get Marilyn Schwartz to make the presentation. Sure. Friends of the Miami-Dade Public Library.

Yes.

Hi.

Hello, everyone. There is a presentation, but I will start without it. Great. Hello, everyone. My name is Mary Lynn Schwartz, and I am the president of the Friends of the Miami Dade Public Library. Thank you so much for having me. I really appreciate it. I am here to talk a little bit about the Friends, about our incredible new library that is having the groundbreaking ceremony coming up, and also a brick campaign that the Friends is running to raise money for additional programming for the Key Biscayne Branch Library, but also for the library system as a whole. So the Friends exists as the main nonprofit partner for the Miami-Dade Public Library System. We work with the library system on three main things. We try to build awareness for all of the incredible programming that the library does for our community. We advocate for the library on a local, state, and sometimes federal level. And we raise extra funding to expand the breadth and depth of library programming, including for capital campaigns like this one. I hope we have all seen some of the great images or wonderings of the new Key Biscayne Library. To kind of just go over quickly a list of things that it will have. It's going to have a new media space, which targets teens and teaches them how to do podcasts. record music and all sorts of kind of electronic skills that they will need going into their lives. It will have two large multipurpose meeting rooms, a family literacy area. It will include the homework help and tutoring program, which gives Students, free tutoring by certified teachers, individual study rooms, EV charging stations, golf cart parking spaces, which I understand in the key is critical, and free programming and events and improved landscaping. We are really excited about the Art in Public Places choice for the Key Biscayne Branch Library. It's going to be Currents by Miami-based artist Alexandra Fields O'Neill, and it will be prominently visible from both the first and second floors of the library. So in support of our new branch library, the Friends is having our first ever legacy brick campaign. We are actually going to be launching this campaign at the groundbreaking ceremony on May 26. So you guys are getting a sneak preview. And the money that we raise will go towards expanded programming for the Key Biscayne Branch Library and also to support programming across the library system. We're going to be selling 1,100 8 by 8 bricks, at least hopefully. I have an example. This thing is really, really heavy. But the bricks will all look like this. And they can include nine lines of text. And so you could write a sonnet on this thing if the mood so struck.

Frank, that won't work for you. No, no.

I was hoping Ed would ghost write for me. Can Frank buy a dozen bricks?

If you buy a dozen bricks, I'll write the sonnets.

We need that rugby team to help carry them.

Yeah, absolutely. So each brick is going to cost $500, and it will give those families that buy one a permanent place on this incredible new institution that is going to be a center point of the fabric of Key Biscayne. And you guys actually have the very first opportunity to participate in this campaign because the website has just gone live. And we are technically launching on May 26 at the groundbreaking. But I will not deny your money now. Finally, even though I am here mostly to talk about our BRIC campaign and just to kind of inform the community about that, I would be remiss if I didn't explain other ways that the community can get involved with the Friends. We have a very robust membership program for $25. People can come to all of our member socials. which include, most recently, a presentation by a National Geographic photographer, author talks, and our next one is going to be a behind-the-scenes tour of the art at the main library, including the Vasari project, which should be really interesting. We're also a 100% volunteer-run organization. We have no paid staff. And so we are always looking for people who want to get more involved with the Friends. We have six committees. And so if that's something you're interested in, the QR code will lead you to our website. That also talks about all of the dozens of events that we do over the course of the year. Thank you guys so much for having me. I really appreciate your time. I expect I'll see many of you at the groundbreaking on May 26. So thank you.

Coming out tonight.

Next item, Mr. Mayor's public comments.

Yes. Okay, you're Mina ponds.

Good evening, everyone. My name is Gisha Mina ponds. Thank you for having me.

And your address as well.

Oh, 151 Cranham Boulevard apartment 538. I'm honestly pretty nervous being here today, especially because I had to step away from my job with the kids, but I felt like this had to be said. So I did write something, just so my thoughts are clear. A few weeks ago, while I was working with the young children, I experienced an inappropriate interaction from an adult patron involving sexual comments directed both at me and at the children I was coaching. I'm not here to discuss any individual person, I'm here because I would like clarification on the village's policies and enforcement procedures regarding inappropriate sexual comments made towards employees and or children, especially in spaces shared with children and youth programs. I want to make sure that the appropriate steps have been taken and that the staff and children are being protected properly in these environments. Thank you.

Thank you.

Should I stay or should I sit? Should I stay here or should I?

No, no, we'll, thank you, thank you. Thank you for your comments. Yes, Allens Mose.

Hi everyone, thank you for having me. My name is Alexis Moss from One Harbor Point. I've been working with the Key Biscayne Community Foundation and the Village of Key Biscayne Parks and Recreation, and we're extremely excited to announce the Play, Trade and Unite events. They are happening at Paradise Park from 5 to 7 p.m. on these dates, May 22nd, June 5th, June 12th, June 19th, as well as June 26th. It is an event run by youth and for the youth. And so far, since the World Cup Panini cards and books have come out, they have been sold out all around the key, which is why this event is meant to give the kids a space to be able to trade these cards. Not only that, but there will also be games, including cornhole, ping pong, soccer. And for the month of June, there will also be a soccer simulator for the children to use. There will also be food trucks from different World Cup countries as well as a DJ, and there will be a huge screen to be able to watch the World Cup matches. I would like to thank the Key Biscayne Community Foundation as well as the Village of Key Biscayne Parks and Recreation, and we hope that it is an amazing success and that everyone has an amazing time there. Thank you.

Thank you. Thank you. Congratulations.

Do you think we found Todd's successor?

No. Todd or our police chief, can you address Jaramina's points and you want to deal with her? Sure. Go ahead.

Sure. So we do have an incident review committee that's made up of Juan Gutierrez, NHR, myself, and the chief. This incident was brought to their attention. It was discussed. We engaged with the village attorneys to draft a letter that was sent to this individual stating how they should conduct themselves and that any further action would immediately result in revocation of their membership. Since then, we stated they should avoid, but there's a time frame that has overlapped, and we're looking to clarify that with this individual so there isn't an interaction between both parties.

Okay. There also has been a police report filed with the department regarding the incident, and it is on file, and it's been routed to our detectives. All right.

And if you need any further information, you can talk with them after. Thank you so much. Andrea Castillo.

Hello, good evening, Mayor, council members, and staff. I'm Andrea Castillo, moderator, Cubiscan Community Church, 355 Glen Ridge Road. Thank you for the opportunity to speak today. I serve as moderator for Key Biscayne Community Church, and I work closely with our church council and our board of trustees. Joining me here today is our trustee chair, Eric Labrador, who's certainly no stranger to Key Biscayne community. As our church celebrates 75 years serving Key Biscayne this September, the farmer's market has become one of the many ways that we continue supporting local vendors, families, and the broader community. Each Saturday, the market brings together hundreds of residents in a safe, welcoming, and community-oriented environment, while also serving as a fundraiser supporting the church and our day school. We appreciate the village's efforts to create a clear and reasonable framework for outdoor farmers markets, and we also appreciate the village recognizing the market as a valued community asset that contributes positively to the life on the quay. This church has always worked in good faith to operate the market responsibly, and already implements operational measures related to vendor parking, traffic flow, and signage on our property during market operations. We do look forward to continuing conversations with the staff to ensure operational expectations remain practical, enforceable, and reflective of the shared responsibilities between the market operators, and public enforcement on village streets. So we are committed to being a constructive partner, and we do appreciate the village's continued efforts to support the community events and bring residents together. Thank you.

Thank you so much for making your comments. This is an ordinance on first reading. Yeah, so... you have the ability to look at it and tweak it if there's some issues that we need to address, but thank you for being here and supporting it. Okay, any other public comments?

Eating, I got a call from, I know you're missing, Mr. de la Cruz couldn't make it, he twisted his ankle, but he wanted me to tell you he's gonna send all his comments in writing to everybody. Thank you, I can't wait. All right.

The next item, Mr. Mayor, is the agenda. Approval, deferrals, additions, deletions, substitutions, and withdrawals.

Additions, additions.

Do you want me to read your additions?

I gave everybody a copy of them.

Yeah, let's just add Ed's item to the agenda and we'll discuss.

I'd like to also add discussion of Zone 8 stormwater.

Justin, I'd just like to combine both items. I think those two items that I have kind of go hand in hand.

What?

I'm sorry, my request. For discussion. Yeah, yeah, we can do that. We can just talk about one item on that. Not one and two, but just one item.

I'm sorry, I don't have your...

Okay, the items to discuss. Did you email it? The vision plan? Yes, yes.

Yeah, the vision plan. Yes, I have, okay.

Yes, put them together with the other item. I have two items.

Okay.

I got it. Okay, no problem. Thank you.

Thank you.

On the agenda.

All those in favor of the agenda changes?

Aye.

Opposed? Motion carries. The next item is the consent agenda. Thank you. All those in favor?

Second. Aye. Aye.

This is the consent agenda. All those in favor?

Aye.

Opposed? Motion carries. The next item is the second reading of an ordinance. Oh, yes.

I'm sorry, can we go back to consent?

Yes.

I think we went on 8C, so I would like to pull 8C and discuss that. The elevator repairs.

Okay.

Okay, so 8A and 8B are on the consent agenda. All right, so I will read the 8C. A capital project authorizing resolution of the Village Council of the Village of Key Biscayne, Florida, ratifying an emergency purchase for elevator repairs at the community center from Metro Elevator of South Florida, Inc., in the amount of $24,990, pursuant to Section 2-90 of the Village Code of Ordinances, providing for authorization, providing for implementation, and providing for an effective date.

Move. Second.

Thank you.

Okay, sir. Todd, this is you. Yes, sir. I don't know how many years ago it was, but maybe five, six. We were dealing with Schindler, I think, originally, and you came before us and said they weren't doing a good job. We hired this other new company to take care of it.

I don't believe that was me. Well, whoever it was.

Yeah.

It wasn't you? It wasn't me, but I do recall the project.

So as a result, I said, fine, but make sure we have a contract for labor and materials, whatever it was, and the guarantee to take care of it. And all of a sudden, I assume we've been paying that maintenance contract all these years, and now I see this. Why would we have this expenditure if we had the maintenance contract for labor and materials?

I can't speak for the maintenance contract. I can't speak to this incident. What it is is it's proprietary equipment. It's Schindler's equipment.

That's exactly what I brought up. This proprietary equipment, I was assured by this company that they had the ability to go into the proprietary equipment that Schindler had, and there was no problem with that. Because I mentioned normally, these days they go with a laptop and plug-in, which is proprietary. They said there was not a problem.

They did have to fabricate. So is it the same company we've been using you're paying $25,000 to? No, we've moved to another company since then.

So we've now gotten rid of the company after Schindler and there's a new company? Yes. Do we have a contract with them? I believe so. Maintenance contract?

Again, Chris isn't feeling well today, so I'm filling in with him. I'm sorry? Chris was going to handle this item, but he's not here. Yeah. You got it. I don't know. We do have a contract with them.

We do have a contract with them. Like you said, these are generic panels, and they were programmed in so that they will work on the elevator.

So my question is, we're going on to a third contractor. What kind of contract? Do we have labor materials and a guarantee on this, or is it just per time every time you come out, they charge you?

I'd have to look at it. I'm not familiar with the contract. It was an emergency purchase. I was right next to a woman that needed to use it.

So in other words, the elevator wasn't working? It wasn't stopping on the 8th?

Neither of the elevators were working. So it was an ADA issue for sure, yeah.

Which one are we going with? Is 124, 990? Oh, that's the typo? Yeah, that was the typo. Okay, okay, okay.

Okay. That was it.

Ed, question for you. Are you looking for a maintenance contract that would be inclusive of parts in labor? Is that what you're talking about? I think, Colleen, that's kind of a common process.

I'm sure we have something to that extent. I would need to look on our document center on leisure fees to find it exactly and take a look at it. I agree with you. It should be something maybe that's included, but I don't know the exact parameters as to why we...

have this extra. Chris Moran is out tonight. He's sick. So what we'll do is we'll look at it. He's the one who oversees this contract. We'll get it to the entire council.

We'll explain it.

Thank you.

Okay.

All those in favor?

Aye.

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

Move. Second.

Thank you.

Second.

And we need a public hearing on this item.

Public hearing is now open. Public hearing, seeing no one come forward, public hearing is now closed. Okay, on the ordinance before us on second reading, questions? The offshore barrier read feasibility study.

Preliminary design. What's the status of that?

I can speak to that.

Yeah, so thank you for asking. We actually did get a federal appropriation for $412,500. We submitted the application to NOAA through grants.gov to be able to access that funding, probably come around September. And we're going to have an internal kickoff meeting. We develop a scope of work and an RFQ that's going to go out on the street probably in about a week or two. And then we're going to receive those qualifications packages. And then we're going to have to make a decision on selecting a team.

This is a match we're putting 412. Is Dade County doing anything with this?

Dade County is going to be participating on the Technical Advisory Committee. I'm talking about money. Money, no. Money is not coming from Dade County.

And is this a study that this is one payment or this is the first payment of any payments?

No, this is going to be just one payment. one full budget to complete the entire feasibility study.

And then those determine, once we spend the money, whether they're going to do anything? Correct, yeah. Have they indicated ahead of time that they might do something?

This is not they, this is we. So this is appropriations we requested for us to perform a feasibility study in a preliminary design. We're going to perform a feasibility study. This is outside of the Corps of Engineers.

Yeah, this hasn't anything to do with the Corps.

This is something that we want to look at to see if we can implement an offshore barrier reef to protect the shoreline.

Because the Corps is not, they're not interested in that? Is that?

Well, it was cost prohibitive when we were discussing them doing in-water solutions. And that's not something they wanted to touch because it would impact their benefit cost ratio. So this is something that we instead went to Congresswoman Salazar to request funding. Part of the request was a 50-50 match.

So then basically if it gets approved, If the study says, OK, you can do this, this, this, and this, then we have to pay for it?

We'd have to. Then we have decisions we have to make. Yeah, we'd have to find .

And this is basically going to prevent What's it going to prevent?

It's to slow down shoreline recession. Exactly. Does this mean that the... It's to extend the time between beach re-nourishments.

What was it called? The sheet piling, mounding that they have on the beach. One of the programs, I guess, when you first came aboard, Steve, that we were talking about, was sheet piles, sand. That's the course project.

Because they're doing the onshore solution. This is in the water.

What's the status of that?

Still in process. The Corps just came out with new policies where they're reviewing all projects right now. It's going through a determination, and that's what's called a determination. And so we're working through, they're doing an analysis on the benefit-cost ratio, seeing if it's something that the Corps wants to move forward. We're going to get more feedback over the next month or so, and I'll be able to come back to you right now. But this is similar. I think you've seen what's going on at FEMA. This is happening across the entire administration where they're evaluating all the projects that are ongoing.

So when they said this was too expensive to do, when you talked about this before, what kind of dollars were they talking about?

Well, it was a tradeoff on an analysis when something they put – your project for the core to move forward has to have a positive benefit-cost ratio.

Okay.

Any work inside the water, whether it be from an environmental investigation and assessment or the work itself, is very expensive. There is a possibility that that benefit-cost ratio would not have been adequate for us to move forward. And they also questioned as to whether they questioned, not saying it couldn't be done, this is us questioning, whether it could be done and be effective.

Then again, we have no idea what the cost is going to be. To do it? No, we know that it's going to be 412 to do the study. Well, it's going to be twice 412.

825.

So then the question is, once we get it done, what's the deliverable? Exactly. And then if they do, we'll assume they do the sheet piles, for lack of a better word. I don't know what you call it. They won't do that in the ocean.

It's a reinforced enhanced dune line.

Isn't that going to basically take care of a lot of the That, of course, the energy won't be dissipated until it gets to that point. Then you're going to have some...

The solution that the Corps proposed is a reinforced dune system. I think it was 11 NAVD? Yeah. Tie back walls, but also not three-year beach re-nourishments. Re-nourishments every 16 to 18 months. So what we want to do is extend that period so that... And remember, the Corps' project is 50 years into the future, so they're projecting this You know, it wouldn't be 19 or 2032 we'd be doing, but over the years, their anticipation at 50 years out that we'd be having to re-nourish our beach every 16 to 18 months. So this is an attempt to see if we can, as Rowan said, break the wave attenuation, reduce the beach erosion, reduce the time period between re-nourishments.

Mike. Rollin, excuse me. Devices that are being considered. Are we talking about jetties? What are we trying to move literal drift from trying to stop?

No, I mean it would literally be 3D printed structures that would be deployed some distance offshore to extend to basically two or three feet below water surface at low tide. And ultimately that would see the first set of high energy waves, dissipate them, and then reduce the energy on the backside of that so that it doesn't reach the beach.

Are we piggybacking on something that Miami Beach is already doing? I believe there's something of that similar.

Yeah, it's something that's already being done off of Miami Beach.

Right. Yeah. So is there any way to piggyback off that engineering study?

Our big issue is the seagrass.

The seagrass is very significant differently.

Miami Beach doesn't have that.

That's the feasibility study. Obviously, does it physically work? Will it actually attenuate the waves, reduce the erosion? And the other one, can it be environmentally done? And as the mayor mentioned, we have a significantly different environment.

Yeah, I mean, is it permittable given the bottom environment that we're going to be deploying in? But then also, will corals grow out on these structures because corals don't typically grow in seagrass beds?

But I mean, if we do seagrass abatement, that's super expensive. So if we would go in. I know it's expensive because we're doing it at the Yacht Club and it costs an absolute fortune. So I'm just trying to understand what the intent of the study is other than just to reduce the weight. I mean, you probably already know something of the technology.

The intent of the study is to understand whether or not you can design something that is effective enough to have a measurable difference on shoreline recession. and not cause more harm than good. Because you will affect the energy dynamics along the shoreline, which then affects the sediment transport, which then affects where it accretes and where it erodes. So you might basically stop the erosion behind the structure, but you might be causing erosion, upgrading and downgrading of the structure. Or you might be changing the energy dynamics so much that the beach builds out to the structure. Well, that's a problem also. So these are all things that need to be determined a priori to deciding whether or not doing this is even a viable thing. And that's an integral part of this feasibility study.

And the intent is to try to reduce the amount of times that we're re-energizing the beach. What's the cost of re-energizing the beach at current?

Two to three million dollars. It depends on how much sand is lost, how big the renourishment is going to be, what the price of sand is per ton at the time.

The last time it was approximately three million. Yeah, two to three million. It covers around there. How many years ago did we do it? 2024.

We're scheduled to do it next year, so that would have been 2024. Thank you.

Do we get any funding for that?

Yes, we get funding from the state. It's a 45-55 split.

We pay 55, they pay 45.

Is there a scouring problem with this type of offshore thing?

Scouring in what sense?

When the border comes in, it hits the barrier, and then scours back down. On the backside? And pulling the sand out.

Yeah, it can. That's part of trying to understand all these dynamics by doing this hydrodynamic and sediment transport modeling as part of this study.

Because, I guess, you mentioned, Joe, about the seagrass. Can we determine, before you go to all this... trouble and expense whether the seagrass would preclude us getting this thing done assuming it was good.

That's part of this study. That's why we have Durham County on board.

Durham's going to be on board on the TAC. The state's going to be on the TAC. The DEP. Noah's going to be on the TAC. We might have someone from the Corps on the TAC.

Couldn't Durham give us a preliminary reading on it's so unlikely because of the extent of the Seagrass don't even go down that path?

No. The fact that they joined the team, I think, is positive. They could have just said no. Okay. But no, they're interested. They're interested.

They want to be a part of it. Yeah, they're interested and they're curious to see whether there's a way forward.

Could even create a whole other ecosystem.

That's also part of the benefits. Yeah, ecological enhancement.

So tonight we're just talking about the budget but not actually spending the money? Correct.

This is just putting the money in place. We're still in the process of writing the RFP. RFQ. We'll put it out sometime over the next month or so. No, within a week or two.

I have a question about that. If we move money into the operating account, and then we decide we're not going down a certain direction and the money's sitting there.

What's the process?

Within your discretion, can you appropriate money to different line items without us knowing about it?

I can move money inside of the capital improvement plan, but I notify you when I do.

But is this, this is going into an operating account, right?

Oh, this is capital. Okay. It's capital.

So regardless of the amount you have to notify us?

When we move $8,000, not usually.

So we get the $50,000 threshold or whatever that threshold is?

Reasonable amount of money that we move, yes, we'll notify you. But a lot of times projects end with $8,000 left, maybe $12,000 left. One might go over by $20,000, and then we'll move the money to cover them. Just keep the accounts balanced.

Right. I think my concern is if there's a line item here and then we end up not pursuing it and let's say it's $150,000, then there's $150,000 in there. Can that be used amongst different things that we don't realize it's being used?

When a project is established, we're accountable to that project and we notify you if we're going to cancel or suggest to cancel that project. We can't arbitrarily just say, you know, the project is gone.

Okay, so not to beat a dead horse, but if of the 150, we only use 75, so 75 is left. I'm just picking a number here. I don't care what it is. There's 75 left. Can you use 35 for something else and... 30 for something else, and we don't know about it. I'm just concerned about moving money around, and we're not aware of what's happening.

The manager has that authority. I will frequently notify you. Every month, we get the capital plan. It's inside of the report. If there is a significant change in money, we notify council, yes.

Steve, when you use the word notify, that kind of gives us the impression that we don't have anything to do with that expenditure. Is that you making the decision, or are you asking for approval and then making the decision, or both?

The manager has the authority to do that. Remember, we're not making new projects. We're not changing projects. Sometimes the cost of projects change. Correct.

So we have earmarks to specific things.

So the intent, for instance, like I said, I literally had Colleen go through it just this week to identify, usually at about mid-year, which we are now, we try to identify where we might have overages. And we have 8,000 here, 12,000 here, I think 43,000 here. And we're building that up to see where it might make sense to transfer it into other projects. When we do that, we'll let you know. But the intent is not to make any projects disappear, not to change projects. It is to fund the projects to complete the projects.

There's an example that's happened a lot. There's an approved capital project, but the implementation is deferred over a period of time. There's a surplus resulting from the completion of project X. The monies for project X that are a surplus are allocated to project Y, the implementation of which is deferred.

I believe and there is, I believe it's on this one. No, it's not this project. Yes, so here, the rubber safety surfacing for village greenfield curve. That's actually a new project, so we're asking for the additional money to do that.

But that's come before this body. Yeah, we voted on that.

But right the first time around, yes, correct. And we actually notified you that when that was something that was an emergency that we needed to move.

Yeah, we talked about that at the last council meeting.

This is what I'm trying to understand in the example you just gave. When they move the money to the other project... that arguably increases the budget for that project, and we didn't know about that. Or am I missing something?

I think what you might be missing is that the next budget season, we would come back and allocate additional funds to that Project Y. That need is reduced or abated because of the money that was applied from Project X that is surplus.

Now you got me confused. It's OK.

So there's a subsequent budget reduction There's an allocation that's required in out years that's adjusted, reduced, or eliminated because of the application of surplus. Excuse me.

If I'm not mistaken, year after year we run surpluses. We don't take that into consideration for the following year. We go ahead and ask for what we need for the following year, not reducing it by the surplus from the previous year.

That's exactly the opposite of what happens. Really?

Yeah. I guess the last 11 years I've dismissed it all.

Council member, I think you're talking about the operation budget, but we're talking about the capital budget. The capital budget, if it's not spent in one year, will roll over to the next year. And if the amount changes, because sometimes it does, if you move a project from one year to the other, it'll either go up or go down, and we'll notify you during the budget process and give you the opportunity to vote on it.

But going back to the resurfacing of the village green curbs, if I'm not mistaken, when this came up originally, That's $65,000. I think Todd said last meeting. We had some money from that because, oh, maybe it wasn't for that. That was for the artificial turf. We had money left over from St. Agnes. Was that for the artificial turf?

Yes.

That we were using now for something else.

You want to explain that? I think that's accurate, yeah.

I think what I was saying is, I know what I was saying was that when you come to the rebalancing, an example why money would be available was we had a contingency for the St. Agnes project. We had a great project, great design. We never had to touch the contingency, resulting in money being available for the rebalancing mid-year. I was just giving you an example of how funding can become available in the capital program.

So Todd, so we had, let's just use some numbers. We had $300,000. You had a 10% contingency, gave you another $30,000. You didn't spend the $30,000, so the $30,000 is available to put towards. On that project, we didn't spend any of the contingency, zero. I'm just using an example. So that $30,000 is therefore sitting available in some account that Benjamin knows where it is. And you're taking those funds, and we're using parts of those funds to fund the $65,000 repair for the rubber bumpers for the park, basically.

I mean, what we do is we look at current needs, needs that have arisen like this, and we see what funds are available, and the funds are available. They're allocated to that project. and then recommend it to the Village Council.

I think Nancy's trying to understand the accounting part of it.

Right.

Not the, you know.

Yeah.

Maybe, Benjamin, you can explain it to people. Because I'm confused a little bit, too.

Yeah, there's a little confusion. Let's separate, as the manager mentioned, the operating accounts and the capital fund. Yeah, totally. I think what we're talking about here is in the capital fund, which is a long-term fund that carries over year to year, once money is allocated to the capital fund, kind of like the budget amendment that we're doing tonight, money comes from the general, To the capital fund, yes, it stays in the capital fund. The manager has authority if, in your example, there's $30,000 of contingency left over to reallocate that to another project. How the council finds out about that is the manager, if it's a significant amount, will notify you in either the manager's report or when we actually present the capital budget in the next year, we will show you an item where there's excess here. We reallocate it to another project, and therefore, we are now asking for less money In the subsequent year is I think council member Kaplan is for something that's already been approved. It's an existing new project It's not a yeah, we won't be a new project out of thin air. It is to an existing project. We cannot Create a new project without coming to the board.

So it's a bit so Benjamin How do we know that you're that we're accountable for the money that's being spent specifically that's been allocated to that particular project So if there's an overage Are we informed that the overage occurred before it occurs? So if the project is, let's say a project's budgeted for $300,000, it's now running at 280. We know there's going to be an additional 40,000 because of a change order or something or some issue. How is the council being informed of that fact?

So if it's a contractual issue, I think you guys saw this with the amendment that we had to come back for the building project. It was a good example of this. It went over budget. We brought it to the council for change orders because it needed more funding.

This is Jeremy's project where they redid it.

Jeremy's project is the actual contract. We had a resolution. We had a not to exceed. So we had to come back and amend it. And obviously, it needed to come forth to the council for the reading. However, in his example, it's under $5,000 that we need just

Equipment for the new park project you could probably do that without coming to so the council for some reason if there was an overage Excuse me You had money available Could you you could theoretically take that money and apply it to that particular project without having to come to council for approval? The contract would stop to come for approval the budget amendment portion would not correct.

Okay. Thank you Okay On 9A. Another question. Another question. Go ahead.

Looking at the 600,000, there's three items, AT&T, Design 1, 8, and Comcast. Have we decided definitely that we want to definitely underground at this point in time the cable and the telephone? I mean, I don't know. I mean, I know we say go forward with the whole thing, but do we include that or are we holding off on that?

Well, I think that we're working to try to get around that. The manager and Mr. Bracken, do you want to elucidate on that?

I mean, I think, Steve, you want to take that first? Sure. So, I mean, first, the intent right now, Council Member London, is to, no matter what, underground Zone 8. Right? It's set, the design is on this.

No, underground, I'm sorry.

Underground Zone 8. Small zone, ready to go. All we need is AT&Ts designed to layer on top of everyone else, and we're ready to execute. In the interim, or simultaneously, we're working to talk to different providers who might have the ability to do what's called fixed wireless. And what that would do is skip the requirement to underground and just come in with wireless towers and provide that capability. Lots of things we have to evaluate. Is it physically possible? Do they want to do it? Does it fit their business model? Does it give us the capacity that people need? We got some power users in the village. We know people who've done this and we've talked to in Wyoming, West Texas. Keep us game, it's not Wyoming, West Texas. They also get federal funds for that because that was part of the previous administration's infrastructure bill.

Broadband initiative.

So the question is, can we take what they're doing out there, which is really just to get internet to the masses, low level, and then try to provide that here with a density of 15,000 people who are power users? We don't know whether current technology can do that, so that's what we're trying to find out. If it can, I think it's something we should seriously consider.

The only reason I'm bringing it up is because first I thought we approved it all, and then I thought there was a big discussion on maybe going forward with the electric but holding back on the Comcast and the telephone.

We did have that discussion, and it was kind of, It was kind of not dismissed, but it was just not taken up because of the variety of reasons that were discussed that night. But then my understanding is even though that we didn't push forward on it or agree to pursue that further that night, You all did undertake looking into that to see if it really is possible, and if so, whether we would be saving able to.

So, I mean, the Section 8 is $150,000, which is not an inconsequential amount of money. but it's not like doing phase one, for example. And we're so far down the road that I think the idea is to continue that process. That's what I'm asking. Okay. And I think the other 250 is really just sitting there as a holding number. That was my question.

I don't understand the other 250, though. It's Zone 1.

It's Zone 8. No, 250. Excuse me, Zone 1. Zone 1.

And I know I asked you this, but I still don't understand it, so I just want to clarify.

Yeah, because Mike can explain it better than I can. And this is, to be honest, one of the reasons that when Council Member Bracken and I were talking, and I think you were there during that Wednesday morning, but we took it on afterwards, all three of these telecom companies are coming with different interests, and AT&T probably have the least interest of undergrounding. And so their costs are coming in extremely different than the other two costs. With that, I'll turn it over to you, Mike, to explain why.

So can I just ask a question so that you know where I'm confused? Absolutely. Good evening, Council. I thought that we were done with all design for Zone 1, which would have meant that the undergrounding was included in that. And we budgeted for that in terms of design. Yes. I'm confused why we need more money now.

No, that's a good question, Councilwoman. So we are done with the design. AT&T provided us with a design for all their conduit layout for Zone 1. Actually, Zone 1 extended from an undergrounding perspective, which goes up to Heather and down to Westwood. What AT&T did do is we gave them a deposit, and then they gave us a price without any authorization on what they've incurred, and they're asking us to approve that for the conduit layout that they've completed. So that cost came in. significantly higher than $200,000. We said that doesn't make any sense. We didn't approve that. And we said we need to see where those costs are coming from. So they have now reduced their price down to $200,000. We're now looking at that and still in negotiations with them to justify that before we can bring that over to council for an approval. But they're saying that there is an incurred cost that they've done in design, which has not been ahead of time authorized. So that is now at least in the budget if they can justify those costs.

Didn't we already pay them something toward that?

We did. We paid them $9,000 for a deposit back in 2023.

Okay, I thought we paid them $100,000. I got that number from somewhere.

So, Mike, just to be clear, we gave them an upfront payment of $9,000. That's correct. They proceeded to do a design that, what was the equivalent number for Comcast roughly in the same space? Just so we have a comparable.

I think it was about $20,000 or under $20,000 for Comcast.

So Comcast was able to design the complete job for $20,000? And they're asking, and AT&T is asking for $250,000 for a similar type of work? Yes.

It's less than $250,000, but yes.

So that's where these business models do not align.

That's why I proceeded with before what he went. Look, we're not, with this money, trust me, we're not going down, you know, without making a really strong argument on this. But the individual at AT&T is also the person I'm going to talk about. If this is the way you're going to do business, you've got to tell us whether you can do fixed wireless because we're bypassing you.

I mean, it seems a little almost litigious. I mean, you don't proceed and send somebody a bill for $200,000 or do a $9,000 payment without at least some email approval process. And we have nothing?

I agree. That's the argument we've got. Yes.

And what we're also saying is we're not moving forward with any other zones until we have a not to exceed price upfront. Obviously, for your full design, we still will agree to put in a deposit for you to get started.

But that business model that they have does not work under our- So we have a gun to our head for the 250, basically.

Well, another problem is they do own the majority of the poles in the island. So that does make it a little more difficult, yes.

So that makes the topic that you and I had talked about last week, I think it was more challenging, more important than we investigate. Yes, sir. Yeah.

So at the end of the day, not sure we need to move 250,000.

We're not committing that money at this point either. But and it would have to come to Council for approval before any of it was spent.

Okay.

So just to be clear, all we're doing is allocating to move the money from the designated account into the operating account, to the capital account. Thanks.

And it can be moved and not spent. Exactly, and moved back. All right.

And at this moment, nothing's final, but they've conceded essentially $50,000.

No, they've conceded $150,000. seventy thousand dollars from their initial costs that they sent to us without a change order or any paperwork no they reduced it so they they gave us one for three hundred and seventy nine thousand dollars what are you saying without without any documentation and you're absolutely right yeah that's insane now we've asked for a breakout we have a breakout but that breakout is still not to a level where we would

Just to be clear to the council, we're not paying it until we get an itemized invoice. I just want to be clear that we will not pay for it. Obviously, it's got to come to you anyway, but we're not even considering it unless we get an itemized invoice.

But we are still looking forward to working with them if we can agree to a reasonable solution and moving forward with this program.

Thank you. Madam Clerk.

Council Member Kaplan.

Yes.

Council Member London.

Yes.

Vice Mayor Sardinius. Yes. Council Member Stoner. Yes. Council Member Vasquez. Yes. Mayor Roscoe. Yes. Council Member Bracken.

Yes.

The audience is adopted on second reading. The next item is 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, budget amendment number three, providing for implementation and providing for an effective date.

Move. Second.

Thank you. Okay. This item is on first reading.

As we have Colleen come up, if you all have any questions.

Tell us what we're doing.

What I'd like to proceed this with, Mayor, is this follows on the email that I sent to you all last Wednesday explaining what we thought to be the way ahead. It's also item number three in the manager report that explains and steps through the process that leads up to this $2.65 million. I'm not sure whether you want to have that conversation now or just talk about the funds, but this would be a good opportunity to talk.

No, let's have that conversation now. We've moved in a different direction, and this is the way to get us going in that direction. And we can talk about it if there's something we don't like, but this is what we agreed on. So the matter is moving past.

Less of it.

yes and like you say putting in the budget spend it fine if not it's going to be there no because basically we don't know what it's going to cost i have some estimates much lower but god knows what will happen yeah when they actually come in yeah and i think one of the things council member you and i i know we we send emails back and forth council member london um you know we think we're comfortable with a design criteria package just because how much we have done in zone one inside and out upside and down and all the way through from back in 2019 We've had, obviously, the modeling that was done. We had the EECOM work that was done. And then, obviously, we had the recent work by GIT. So combined with that, we feel fairly comfortable that a design criteria package moving to a design build is an acceptable way to move forward.

I think all the prices he has are more than adequate to cover everything.

And I also want to make that with the intent to make it packageable or phaseable into six different possible subprojects.

But this is just moving money again. This is not spending money. Correct.

Correct?

Correct. Holly?

The manager explained it pretty well. There's about a $2.65 million budget amendment in front of you. It includes the design criteria package for $1.5 million. Our estimate is it would be between one and two, at least to start. about $450,000 in design oversight, which we have had throughout this program and all the projects that we've done. There's always been design oversight and quality control. The CCTVing, we've gotten quotes back that are around $450,000, so that's also in there. And then the geotechnical and survey work that would be required for the injection well work and the pump stations is at $250,000, which totals to $2.65.

Let me ask a question. Aren't we about to head into another budget process so is there really a need well is there a need to do this amendment now considering we're about to do a new budget and we're not gonna be spending this money anyway I'm proposing you do spend this money part of the money but we're not making that decision tonight okay okay we're drafting the

Rfq rfq now yeah, we are already gotten quotes for the cccv yeah, the surveying will have to be done in conjunction during the design criteria package so. We want to be postured to do this, otherwise we can't start until October 1.

I thought we already had quotes for the CCTV. We do.

Wait, wait, wait a second. I didn't hear what you said about CCTV.

I thought we had, we were already moving forward with that in the time. So we have to put money in the account to pay for it.

We have to pay for it. We have quotes. Yeah.

But I thought we were actively had already. We have to pay. No, but I'm not saying that. I'm saying we got quotes. I thought we were already doing the work.

She's not even there yet. What are you talking about?

I've been asking for this. I'm sorry. The many ad hoc committees have been requesting reports on the CCTV and I've been getting a good hand wave apparently because I'm not really, I thought this work was already being done.

Okay, but Fernando, remember we have to get past April 22nd in order to commit on a bigger scale.

I agree, Mayor, and I'm not questioning the technicalities of the shifting of the funds. I'm talking about actual activity. I'm talking about a lot of discussions being held at the ad hoc committee with a sense that this thing was actually in place being done so we could have a report which constituted everything that we were doing. So I'm surprised, honestly. And again, it goes back to getting a hand wave. Everything's fine.

And no one in the administration said that this was moving forward.

We were waiting for the decision of April 22nd. Listen to the tapes. I keep on asking over and over again. And again, I'm being told, yep, yep, it's being done. Or, you know, that's what I get. So again, anyway.

Thank you. All right. On the further discussion on the budget movement of funds.

Council Member London?

Yes.

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

Yes.

Mayor Roscoe?

Yes.

Council Member Bracken?

Yes.

Council Member Kaplan? Yes. The item is approved on first reading. The next item on first reading is an ordinance of the village of Key Biscayne, Florida, amending section 30-112, supplemental use regulations of the village code of ordinances relating to outdoor farmers markets, providing for severability, providing for codification, providing for conflicts, and providing for an effective date.

Moved.

Second.

Thank you.

Good evening, Chairman Karros-Cogger, Building, Zoning and Planning Director. So this is a ordinance to basically create a regulation to allow farmers markets because we have obviously had a farmers market going on for more than 10 years. But there isn't actually a permitting mechanism for that. So this came to a head because this summer they needed to repave their parking lot. We needed to move the farmers market for a couple weekends. And there was no real provision to allow the other farmers market to use other than a special event permit, which you would have to get repeatedly for each Saturday you're doing it. So it's been happening with convention, but we want to actually set the regulatory framework for it. We're going to work with everybody. I think this will also help us with a couple things that have come up, like we'll have a designated point of contact in case there is an issue that has shifted over the years at the existing market. I think this will put a... With the inclusion of a site plan, we'll be able to enforce a little better on parking in the surrounding areas and that sort of thing. So it'll be helpful for us for enforcement. And we're not going to make this like a regulatory hurdle really for the existing market. We'll work with them to help them through the process.

And if anything, this is to support them better.

Yeah, I think this is going to be helpful for them because they struggle with the parking in the surrounding area, and this will sort of create the zones for it.

I don't understand how the... at least on sub-C of paragraph 7, how that parking is going to work.

Well, we only... It seems like it's going to be an insurmountable... Because if somebody else wants to do it, I couldn't let them do it. And when we had to move it for two weekends, we had to give them a special event permit for each event.

It's like a special event permit, so what?

Well, then they would have to come in every week and file a special event permit. It's a silly process. That would make it very difficult. That would make it very difficult for them to do it.

Why can't they? They've been there for how many years? Why can't they just be grandfathered in?

Screw up a good thing. Because we're not screwing up anything. Nothing is getting screwed up.

Yes, it is. You're asking for somebody who's going to be in charge. Who's in charge now? The church owns the property. They're in charge.

We just want a point of contact in case there's an emergency. and have somebody designated. And right now, it's very difficult to regulate parking in the area, which they've told me is a problem.

It is a problem. It won't get any better when you have regulations. People just won't come.

Well, OK.

councilman and you heard from the church that she came in and spoke today you know we've spoken to her and we plan to work with them further between this time and the next council meeting to make sure that we can ask her if you really want to have an ordinance were you happy to do things the way you're doing them did you ask him that or did you say here's the ordinance what do you think of it we're working with the council member you heard what she said do you want another one to possibly exist Listen, my point being is, if there's a demand for something, and people want to support it, and it's a benefit to our community, yes, then I do want it to exist. If it's not, then I don't want it to exist. I don't know that there's definitely a market for two of them. Basically, not all the merchants here make money. The question is, when that occurs and somebody wants to start something, where are they going to start, number one? And obviously, you have to get the special permit you're talking about.

So the next one that comes, they can do whatever they want.

Lazy affair. I wouldn't let another one in. which is not fair to another property because there's no provision for it to allow it. So if somebody came in from another property, I would say no.

How do you feel about that?

Which isn't fair to the other property.

Of course. Well, how would you stop them when you didn't stop these people for 10 years? Why would you stop somebody else? Say they want to go into the Presbyterian church.

I don't want to stop them. I'm going to create a framework so that they can do it legally.

This first reading, right?

This is the first reading in a public hearing.

I'll start with the, this ordinance seems like it was drafted on a tilt-a-whirl. It's a very poor presentation. I have lots of comments that I'll provide. But the policy, it's described as, we describe as a policy expanding farmer's markets specifically, not community events, but farmer's markets. I think to where you might have been going is in history, at, for example, the Presbyterian Church, they had a holiday event, an amusement fair type of a thing. Not a farmer's market.

No, a special event. We have a mechanism for that. No problem.

So the notion of encouraging expanded use that's directly competitive with a use that might not be able to survive the competition, I'm a bit ambivalent about that. But I will give comments on the ordinance, because I think it's very flawed.

Do you want to defer it, Senator?

I don't want to defer it.

Go back on second.

It's first reading.

Right, right. Jeremy, I'm more concerned not so much about this process. I'm concerned about the parking as it exists now. I mean, there are several residents who live on that street. They're complaining routinely that people are parking in front of their driveways, their parking, sort of all over the place. And that doesn't seem that this is going to be addressed. That seemed like that's a police issue that the police need to be enforcing on that area or put a policeman there or something. I mean, I don't throw the police under the bus here. That's not my intention. But the idea is that we know we have a parking issue there, right? And it's not inconsequential. It's substantial. And I know Joe hears about it fairly often. So that's where I'm concerned.

So I think we can address that through the site plan. So right now, police can't enforce on that because it's legal to park there.

It's not legal to park all over the swales and stop traffic.

It is legal to park on swales. It's not legal to block traffic.

Right.

It's not legal to block traffic, but it is legal to block swales by setting a no parking zone as part of the site plan. I think we can improve enforcement there. Then that just restricts usage. That's the problem.

That's kind of the problem, right? So if we tell them they can't park there, then that restricts usage of the farmer's market and just encourages people from coming.

The farmer's market doesn't want people parking there. They put out cones themselves.

I think we're confusing. They don't put cones in front of people's houses. No, no.

The farmer's market themselves puts out cones in the neighborhood around to prevent parking because they are responsive to their neighbors. That's what they told me this evening.

One of my problems with using SitePlan as a device to try to improve traffic and parking recognizing that the parking is completely ad hoc and sprawls all over the place. How do you deal with depicting where people are going to park in a site plan.

You can put the note where they're not allowed to park.

Which is everywhere.

I don't know. You're allowed. It's legal to park in swales. So we can designate the swales that are the heaviest used immediately adjacent to the farmers market as no parking zones which again The farmer's market tries to do themselves. They told me the first thing they do when they get there in the morning is they put out the cones in the surrounding area.

Chairman, I don't mean to be insulting, but have you been to the farmer's market recently on a busy day? Yeah, it's overwhelmed because nobody pays attention to the cones. Golf carts are everywhere. It's a challenge. It's a challenge.

We can help with some of that. I don't know that we can solve it.

It is first reading, and I have a couple of my own ideas about how to solve what seems to be an insurmountable traffic problem, which I will ask you and the chief about, but it's first reading.

Looks like we got some things to work out here. Okay.

I would ask I think there's two things we're looking at here one obviously is the specific language on the ordinance and then some of the other one sounds very operational and so we can what's if any council member has comments we'll have obviously Jeremy ready for the language and Frank there to talk about one request because people are going to be going on holiday let's not bring this back at second reading until we have a chance to hatch this better.

Go for me. Is there any reason why we just wouldn't defer it then. I don't mind teeing it up, but this needs a lot of work.

Okay, just be clear, that would be August 28th, if everyone's okay with that.

That's fine.

I don't think there's a rush.

Yeah, no rush. Let's get it right.

And Mr. Mayor, could you open the public hearing?

Public hearing is now open on this ordinance. Public hearing is now closed.

Vice Mayor Sardinius?

Yes.

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

Yes.

Council Member Bracken?

Yes.

Council Member Kaplan?

Yes.

Council Member Lunden?

No.

Thank you. The ordinance is approved on first reading. The next item.

I have been duly corrected. August 25th. Yes.

The next item is a capital project authorizing ordinance of the Village of Key Biscayne, Florida, selecting FSV Construction Company for construction of the Key Biscayne Beach Park renovation project in an amount not to exceed $871,083, providing for authorization, providing for implementation, and providing for an effective date.

Moved. Second. Moved and seconded. Item is properly before us.

Questions? So procedurally, Colleen, do we require a bond for this level work from the contractor? This is a question. Yes. So they do provide a bond? Yes.

I have a little PowerPoint.

Great. Go for it. I want to see it.

I just wanted to, because this has been a long time in the making. I did make it.

Good.

So there you go. The blue box is the pavilion. The brown orange one is the boardwalk and the two restrooms are the green. And you'll see a tiny little red box, which is the electrical panel. Those are essentially all the items getting renovated in the project.

What's a red box?

It's like a little electrical box. It has like an electrical panel in it. I'm sure you know the conditions are pretty poor currently at the Beach Park. We're going to replace the roofs on all the structures, the broken siding, and the electrical panel are going to be replaced as well. And then we're going to put a fresh coat of paint on everything. The boardwalk is in terrible condition, so that needs work as well. The pavilion's probably the biggest piece of the budget. I think it's broken out by trade. But the pavilion takes up the majority of the budget. And we're removing that internal enclosure. And so you'll be able to see the ocean from the other side of the pavilion. It'll be a lot more open. And there'll be ceiling lights as well. So there'll be some open lighting and ceiling lights.

So you're removing that sink?

Yes. The sink doesn't function. Yeah, the whole centerpiece. Okay. This is a little bit of like a rough construction plan. So the staging is going to happen on the east side with the construction access. It'll be closed to the public on that side. And then the primary construction area is the orange in the middle. And the publicly accessible area will remain open essentially from the showers over to the beach side.

The boardwalk is staying? Just being repaired?

It's being repaired in kind, yeah. It'll have actually more structurally sound columns to it, so it shouldn't sync as quickly.

Does this include time locks on the bathroom doors?

Not currently, but we could add them.

I've been asking for this for how many years, Steve? Council Member, we will get you time off. You told me that before, over and over again. I'm promising you right now, I've been waiting for this moment. And then the other thing is, I've also asked over and over again, are we going to get a beam across the property so that people don't come off the beach? That's another thing you said. That was explored and it was not deemed. And you know what? I keep doing this, come to the meeting, but nothing ever happens. A beam? A beam. What's a beam? A security beam, like an infrared beam that goes across there, and it goes past there, and the alarm goes off. So people at night don't come trespassing up until the property. Okay, we have cameras, right?

We have cameras. Councilmember, we've had our security folks come in. Maybe Chief can talk to it better than I can, but sand's going to be kicking that off. The animals coming is going to be kicking that off. I think it's going to go off more than it's going to be valuable. But I'll let Chief talk through what, because we did talk to some security folks about this.

Good evening, Council Member. We did have our camera vendor come out and give us a schematic on a beam The beam isn't going to stop anyone from coming in, you know.

We didn't say it's going to stop them. I understand. The idea was to, lights go off and the alarm goes off and say you're trespassing.

We're not going to put an alarm there.

I can just hear the people on Ocean Club. They don't like that alarm going off.

I was just going to, Mr. Mayor, we're not going to put an alarm for that reason because then we're going to get noise complaints. And then the light, remember, I understand you're concerned with light, but we have to keep light extremely dim, especially now during tunnel seasons. Um, we have added a significant amount of cover space there with cameras along the access path and in beach beach park. And we've seen a significant reduction of kids specifically hanging out in there. Uh, we do get calls from the park from time to time, but it's dramatically reduced compared to what we had last year in the year before.

Who's monitoring the cameras?

It's on 24-7 in our dispatch center, and the officers have access to it in their cars.

So in other words, the people here are looking at it all the time. So if they see somebody go across there, they have voice communication there, and they then say, hey, we see you there?

It's not that high tech. We don't have voice communication, but we do respond if they see something unusual.

So how do we respond? Is there a policeman out there?

Yeah, we send officers.

Wouldn't it be much easier just to say, you're trespassing, get off the property?

The camera does not have that capability, sir.

Chief, I have a question.

Yes, ma'am.

It seems to me, and I know this has come up before, I don't know why we haven't been able to do it. It seems to me that we would have much less trouble if we had automatic locks and gates on the public access that We're automatically locked at whatever time the beaches are supposed to be closed. I don't know if it's sunset or 10 o'clock, whatever it is, because I live there, and I see who's going back and forth at all hours of the night.

The difficulty with that, as you're aware of living there, is people can come from Crandon Park inside of Bill Beggs. So even if we close the gates, they still have access in over the walls.

They do, but people are coming. And using those access. It's a lot harder if you have to enter in Crandon and schlep all the way down.

Yeah, I agree.

But if you can park there, walk in, bring your whole party and your bonfires and the whole nine.

The access gate at the beach park does turn off at a certain time.

Right, but right next door you have the other access that's, you know. Understood.

So Nancy, you're talking about the fact they go on the north side of the beach club, come around in front of the beach club, go in the beach club and steal the furniture, and then go around and go to the park.

And they go to the beach park. They trespass in a lot of places, but they do have access to the beach park. And it occurs to me that if all of them had an automatic lock, that would stop their late night, early morning hour activity. That's dangerous. It really is dangerous. The sands access path I think no the Beach Park is ours, but I don't know what Authority we have I know the beach is closed at a certain hour We are required to provide access to the beach during its date hours of operations.

So we have the ability to put up a Lock there if we want, if that's up in the council.

We have more than one. How many accesses do we have? I think four or three, and a new one's going in?

We have four, two by Oceana, one on the north side, and one in Sands. We currently have four. We are able to put – we've talked to the Corps of Engineers. We are allowed to put – locked doors as long as they're opened when the sun goes up and closes when the beach closes.

Well, I think we should really think about doing that. I know it's been brought up before. I don't know why we haven't done it, but I think that would go a long way to protecting the beach park from people going in there having parties.

We're able to do that on the north, Oceana. We'd have to put up a gate. Yeah, we couldn't do it. You'd have to put up a gate. There's no gates there.

Chief, you said that the reduction in hooliganism, so to speak, for lack of a better term, has dramatically decreased. Dramatically means numbers-wise.

For our call volume, it's gone down. I mean, we had a call, if I recall, it was two weeks ago of a bonfire where we went out and we told them to extinguish it, and they were trespass warned. There was five individuals. But we were getting these Fridays and Saturdays two to three times. We're not seeing that. So that's just...

They have to be there for a while before they start the bonfire. So obviously no one's monitoring the cameras.

No, they're... The cameras cover Beach Park and the access path. They don't cover the entire beach. We're not allowed to put cameras on the beach.

But I know in the beach club they have people entering the access and coming around and barbecuing as... Those were members.

We went to that call.

I know, but... I get it. Maybe that call was members, but there are people who aren't members because I've seen it and I've called in. At any rate I really think if I don't really see what the big deal is if if we put up gates at least those two access points that I Don't even care if they close at 10 o'clock, but they should close at some hour I apologize for neglecting to tell you but yes, we talked the Corps of Engineers couple months ago They they agreed that we can do it as long as we kept it open during the hours of operation Which is daylight and if that's the will of the council we can put in a

Gate at Sands and the gate up north at Commodore Club South.

I thought we said that the situation was we were keeping the beach park open until 10 o'clock. I thought that was the new rule.

Beach park stays open, but that gate automatically locks. Todd has it set that it locks.

But it's locked all the time.

No, it is locked, but even with a fob, you won't be able to access it.

At 10 o'clock.

Correct.

Yes, so we're talking about the same idea that is to put one on the north side of the beach club and the south gate.

I don't know if it's appropriate to make a motion at this point.

I have one more question before that. I'll take a motion, but can I add a question? On this? Yes, sir. Go ahead. It's related more on CFP. Thank you.

Thank you for stepping in on that.

I'm worried. I notice we've taken not the lowest bidder. That's fine if we think they're responsive, but I did notice that they are six years of experience. Whereas the other one, who's the lowest bidder, has 21 years of experience. And the third one came out a little higher, obviously, at nine years. So why did we take the one with the lowest experience?

The one that was a little like five grand higher? Yeah. We had prior, we had someone on the evaluation committee that had prior experience with them in another position that went very poorly. So we take that kind of experience very seriously when it comes to an evaluation of someone's ability.

Did that come in as a formal writing evaluation in the write-up?

It came in as they are not as responsive and not as responsible as the other bidders. It came out in the evaluation criteria that we used to discuss to decide on the project. Okay.

One of the other components at the evaluation panel is our procurement actually does a due diligence where he will call or send an email to all the municipalities or companies listed as references.

Yes.

So it also came up in that process as well. That's what I was asking. Yeah, that is part of the procurement process.

Did you get a formal note that they didn't perform such a great job and maybe a lower rank? And was it germane to the work that they're doing? Yes. Yes, yes. The due diligence process, that came up. Sometimes you just make it a bad thing, you build a road, but he's doing a beach park, so what gives?

It was a material issue that I guess the other client found, so it was someone that we didn't feel comfortable working with, especially when the prices were within a percentage of each other. Okay.

All right. Well, thank you for that explanation. Thank you.

Okay. One last thing. Is there a line item budget to maintain it so that we don't get this far down in the erosion process?

Yes, we do have maintenance for all of our parks in our operating budget, and we recently hired a parks superintendent, that venue's supervisor. He's doing excellent, and he's out in the field all the time working on that stuff.

So if this is an $800,000 renovation approximately, are we setting aside 10% of that money on an annualized basis to maintain this asset, or how are we doing that?

It shouldn't cost us $80,000 to maintain it, no, but. we we do we do and we take this and obviously with uh i'm not sure if you guys have a number of you had a chance to meet with benny if you haven't you should he is very motivated and he'll even take you a tour of the parks um so i'm very comfortable with them we go over todd's parks budget every year making sure that we have what we need and i think we've met it this was I think this has been in this condition eight years, probably. So this is... It's been a long time coming.

It's been something that wasn't... My point, Steve, was that we're allocating money to maintain the asset, not just build it new and then not take care of it.

Yes. Yeah, I don't want to say that it happened before I was here, but I'll say it happened before I was here.

It's okay. Mr. Mayor, before we take a vote, because I know it's imminent, can we either, as part of this, amend this, or simply ask direct the manager to get quotes on erecting gates with timers, and we can decide on the details of the timing of the locking later on and how to proceed. But with a time frame, like in, I don't know, a month or two months, but somehow... And time locks on the bathrooms.

I'm sorry? And time locks on the bathrooms.

Yes. I don't think we don't have to do sundown. If the beach park is open to 10, I don't think we have to. We can have that discussion later.

Find the appropriate time. The issue is the doors. We'll do it. We got it. That's terrific.

Just to be clear, Madam Attorney, is this can be included as part of the ordinance or we do this separately?

I think it should be a separate item.

Okay. Okay.

Locks is part of the project fences doors And that you're just gonna do that under direction if we need to say in a record I will I will put I will put those doors in it both sands as well as the Commodore Club South okay, so that's on the direction of council and now on the ordinance before us I'm clerk

Councilmember Stoner? Yes. Councilmember Bosquez?

Yes.

Mayor Roscoe?

Yes.

Councilmember Bracken? Yes. Councilmember Caput?