Village Council - Regular Meeting

I would just like to... Remind everyone that on August 15th, Saturday, we had our first ever sports fair at the Village Community Center. And it was fantastic. It was very well attended. It was super, super fun. And I would like to recognize David Carreño in particular, who put the entire... He coordinated everything, food, all the coaches. It was amazing, and I would like to thank David for all of his hard work. It was a wonderful event, and it will be one that we will repeat annually, I'm sure. Thanks, David.

Thank you. Oh, I see the young ladies back there. Let's do the young ladies who are celebrating KB girls soccer team U-13 state champions. So let's council go down.

Are we going to do it again next year? No, no, no. Are we going to do it again next

The next item, Mr. Mayor, is public comments.

Okay, everyone, I've got a lot of public comments here tonight. So be brief and to the point. And try not to repeat what the other person has said already. So that would be great. I'm going to start with Linda Gericht.

Thank you. Okay. Next speaker, Luis de la Cruz.

Mike Davey. Motion to adjourn. There you go.

Thank you. Gonzalo Fernandez del Castillo.

You want to speak? All right, we can do that. I've got Cecile Sanchez.

Are you talking about Ed? I told him to speak for himself.

Brett, where are you? You're supposed to take over already.

Thank you. I'm having trouble with this one. Mark. I'm here.

That's all the public comments that I have at this time. Mr. Attorney, could we just jump to the presentation on 303 since we have so many people here and the council doesn't have a problem with that? Sure. Council, you're good with that? Okay. Jeremy, you're up first.

Thank you very much, Mayor. Keep going. Thank you.

Yes, yes. We need to keep going here. Understood.

Thank you. So I would like Jeremy, our building director, and Chad, our village attorney, talk to the council about what challenges we have if we want to move forward with this.

That obviously something was put into the I mean judge accepted responsibility, even though he never made a mistake. He said, this is one he made. And that is that it's impossible to have a path or easement to the water when you're not on the water. Now, does that require change in the comprehensive plan, since what was an impossibility we put in there?

It's not just if you're waterfront. It's if you're waterfront and grant an easement. Correct.

Have you ruled out, I mean, another possibility is that that lower FAR was actually intended. I don't know that.

If they develop this with the... 0.4 would give you a 465, I think they said. So whether 0.4 was intended or not, if it was intended, it was intended to make units which would not be conforming with our code?

Well, when you give somebody a zoning that says 30 units a day or 50, You have to assume that you don't want them to go above that, but you have to assume economically, if it makes sense, that's what they're going to do.

OK so. Council. What is the desire. We know that we have to jump through some hoops and there are some obstacles here.

Yes You have to between first and second hearing you would need to have at least 30 days because the comprehensive plan amendment The first

No, I know that. I'm saying, but can we schedule? They're requesting a meeting for the first week of September. And first, it boggles me that we had an item and then we pulled it. And that is a separate discussion. But I think we need to move forward with it. I think it would allow us an opportunity to talk about it more in detail, not consume tonight's agenda. But the requesting for this to have discussed on September They're, I think, I don't see, unless council has any objections to that.

Can we, Chad, can we give the developer the acknowledgement that we're going to work with him and move forward with the intention to move forward to try to come to a positive resolution so he can work on the project?

Okay, so the decision is I mean, I what is the I Would I would say either we could have it tonight or move it for the requesting for the first week of September isn't what you said September 10th is is the last date that's

that would make all those 30 days, all those hoops being jumped correctly.

Whatever the sense of the board is One at a time here Say again, I'm out of town, but I can zoom in and I'm happy to do okay.

I just have a question. There's a workshop. I just want to know. I'm not giving an opinion. We have a big schedule coming up with a budget. We have a lot of workshops and different things going on. I have some idea of The layout of that, because we can't come every single night. I can't.

The 10th is a Zork workshop already. You don't have anything better to do?

I'm not coming every night. I love the council, but I'm not going every night.

But Nancy, just so you're aware, at 6 o'clock on the 10th, we already have a Zork workshop.

So are we proposing to do it that night earlier?

All right. It's already programmed to be here. I mean. I would make a motion we proceed to go forward. OK. Second. Second.

All right. I think there is a consensus of council. There's no guarantee that we're gonna approve anything. We're just providing for a path to make sure that we give everyone an opportunity to make their case. And so it'll be up to us to approve it or not approve it based on the evidence that you have in front of you. And it becomes a real zoning hearing at that point, right? Is that right, Mr. Attorney?

So that's September after we have a budget hearing on September 8th, so we really have a very short window there between the 9th and the 10th, right? Mr. Manager?

Chad, the state planning agency no longer needs to approve comp plan amendment.

So we don't have that affecting any comment?

The only state interest I can think of is lights out for bird protection right at the

Okay, so we'll have staff work with the parties and see if we can get it to the proper place, which would be that September 1st hearing and then a potential second hearing.

At the beginning of September. Okay. First week. First reading. Okay, is everybody clear?

And we're still not finished with presentation.

All right, let's see if we can move out. We got more business here. Okay, let's take the conversations outside. We almost had to fire you again, Kerlanchik.

I have some deferrals. I would like to defer 11b1, 11b5. Wait, wait, 11b1. Yeah, just my discussion item.

Yeah, but they're my discussion items, so I'm just saying I want to take them off the... Oh, okay, I'm sorry.

I would like to defer, and I also move that we direct the manager to put out for bids again, which is what we were supposed to do originally before today, to try and get some smaller local firms here.

Okay, I'm good with that too. I was gonna second as well.

Pulling D. Yeah, we're giving instructions to the manager to go redo the various consultants pursuant to RFQ in doing them with small firms. We're gonna we're gonna push for the small firm.

There's one more thing you might want to suggest Why do we have to limit anybody anybody wants to work with us? Why do we have to limit them? They're qualified fine. Why do we have to have a list? We're ready to do a job. We have people already applied somebody else can apply What do we have to a pre-approved list? We have pre-approved fine Why can't we take anybody else when a new job comes up if somebody wants to apply any reason not to I?

I think the primary reason is to have people on board so that then you can move quickly.

I'm saying you have all the people on board. Anybody's applied now who meets the basic qualifications, okay, would be accepted. But now the job comes up. We're going to go build a boardwalk. I'm just making something up. And Joe Blow, engineering company, hears about it, and they want to do it, and they submit their thing. We like it, fine. Why are we going to limit ourselves?

Kind of what Ed is saying, I'm wondering why, of all the people, companies that apply, that our panel deems qualified, Why would we not accept them? Is there a reason to only have three?

So let me work with you on that. Let's say there are 100. It's okay to have 100? No, no, but I'm just saying, if there's just a large number, is it workable with large numbers?

When you want to use them, you pick somebody. We can't. And they say, fine, work with them. You don't make an agreement with them, you try somebody else. You go down the list. Because you can't have them bid against each other. Correct, Chad? Yeah, this is under CCNA, right?

So it's who you award it to from your pool?

You might want to tell the public what CCNA is.

But Chad, just what you said. So now we have a list of 10 people, for argument's sake. And we're going to build this big boardwalk we talked about. And all of a sudden, somebody wants to be qualified. So they submit. Why can they not submit their qualifications at that point in time when we're going to build something?

Yeah. All I'm saying is that we have this list, and let's say we selected everybody who applied this go-around. And then somebody else said, now we're going to do a job. And Joe Blow, engineer, says, hey, I'm really an expert at that. I heard about that. I want to bid on that thing. And he submits his qualifications. Why can't we get him at that point in time?

you know, met the criteria for bidding under the... Basically, then we could say, anytime we do a job, anybody's interested because of their qualifications, right?

I understand, but what it does, it limits our choices, and all of a sudden, and excuse me, and it does limit the contractors or engineering firms that will apply

And it'll be so slow I don't believe it makes much.

Didn't we have the same problem with GIT? We wanted to do it, they weren't on the list, and we had to resolve that issue.

Which is why, I don't know if we have to resolve.

It didn't take six months, but it took. It was not necessary to waste six months like we did.

Yeah, so everybody's good with. Deferring. No, no, we're not. No, we have a motion. We're giving direction. Yes. To come back. Yeah, with an RFQ that would be. pushing for the smaller firm.

And also, maybe another, come back also with another method for selection committee, because what they did this time, to me, says we need something different. Okay. That's all.

You're still declaring 10D now that we've given an election? Yep.

Hold on a minute. We have some presentations. Oh, I'm sorry.

Mr. DeSuglu, are you here? There's two DeSuglus there. There's two Mr. DeSuglus there. Oh, God. There's double trouble. Double trouble. All right.

Mr. Mayor, just a quick privilege, please. I just want to say to Robert that a couple of months ago I ran into Derek and I asked him about the Academy. And he was telling me he was coming up in 30 years. And this for me is deeply personal. You may not know, but my daughter, it was a time when she was growing up. She was going through a hard time. And I brought her to the Academy. And your group really helped her bring her confidence back and really got her on her way. And I know you've done a lot for a lot of families at that in Key Biscayne. So to me, it was very special. And I want to thank

Thank you. All right, let me read a couple lines here. Whereas over the past 30 years, thousands of students have trained at the academy, hundreds have earned black belts, and generations of keepers game families have benefited from its emphasis on personal growth, self-control, humility, hard work, and community values. Whereas Sensei Robert Duzuglu, a martial arts hall of fame inductee, 10th degree black belt educator, author, entrepreneur, and community leader has dedicated his career to mentoring young people and adults alike and helping them develop the skills, the character necessary to

Mr. Mayor, just a quick thing. I need to say this for the record and make sure the clerk is aware that I recused myself from that discussion of the CCNA. I know it was brought up as a deferral and all of a sudden it became a vote quickly, but it needs to be registered. I already filled out the form back in June on that. It was just everything was packaged into one, so I just want to make sure I put that for the record. Thank you.

We're going to dunk Ed. Excuse me. We're going to dunk Ed.

The idea would be to increase the slots for high school, for Key Biscayne.

No, no. The question was increase the slots. The 1,100 totality stays the same. Yes. But yes, to answer your question, yes.

Because you still want slots to be available for kids coming out of the K-8.

Are the kids that are remaining in 6th grade, 7th and 8th grade, Is that because they can't get into math, there's no space available? Some. Is there an entry requirement for math? I'm just thinking, why all of a sudden we have all these low scores for reading, math, and science, unless the people who aren't getting in probably are the ones holding the numbers down for the fifth grade. Absolutely. Therefore by doing what you're doing is really I don't see how that's really going to boost those numbers. I think again either you're going to have more people going from sixth grade or seventh staying in the middle school our school or they don't. We're not going to be able to do that.

I understand that, but the point was, would that make somebody score better in math or reading and science?

Okay, so you're saying ones that are going to mass will stay. Instead of going to mass, some will stay here. Well, not all of them will get in. I mean, isn't mass like, hey, this is the place to be, this is a great place? Yes, yes. Wouldn't everybody still really want, and the parents, wouldn't they really want to put their kids in mass?

For the kids with special needs or dyslexia or whatever they happen to be, learning disabilities.

It seems like to me you're trying to keep the school going for people who really don't want to be there, really want to be in masks, but they can't get in masks at this point, so that's why they're there.

No. So I'm going to lean a little bit on you, Frank, so we can go through a little historical. We did a good thing. At a time where we signed the compact in the ILA to expand masks, we had overcrowding. MAST also was looking for expansion. We then partnered with them. We created middle school there. We created 1,100 seats that were effectively split almost in half, practically about 150 seats per grade. Those seats have stayed, remained static throughout the last 12 years, never been looked at again, depending on what the population was. At the same time, MAST was going through, let's call it

So when you talk about scores, you mentioned scores, you'll notice in the line items there is investment for intervention, early intervention, math and science, which both make a huge effect. And I think maybe Ms. Tarofa could speak a little bit more to that because she's more of an educator than I am. I think what's always lacked is this opportunity for everyone to row in the same direction. And so we have an incredible EAB that then took a survey, went to the parents and asked very detailed, what would they like to see? Number one, do they want to remain in the school? The answer emphaticall

My question is, Have you done a survey to find out if these people who have stayed here, who have not gone to Mass, if they could go to Mass, would they want to go to Mass?

The answer is yes, because there's a wait list, and actually two children just left K-8 to go to Mass.

So in other words, the only reason they're here is because they can't get into Mass.

Today, yes. Yesterday, yes. Tomorrow, no.

I don't think so. You've got to ask the people to find out. I think one thing that changed was MAST was an experiment that turned out to be more successful than it might have been envisioned 13 years ago. But the other was anxiety about getting into MAST. And if you didn't take advantage of that middle school slot, you weren't going to get into high school.

But no one's talking about the other issue, which we really can't debate tonight. But the stipend that you get for going to private school, going to St. Agnes, going to some of the other schools.

So the reduced enrollment across the district is something real.

It's causing a lot of brain drain. For sure.

But I will tell you, we use every single one of our 1,100 seats. So there's no lack of students to actually fill both programs. What there is is there's lack of programming and support yesterday, not today, not tomorrow as long as we have the chair and the AB working and continuing to do the work that they're doing with the council's help.

I think these asks are really a continuation of our commitments, plural, that have persisted for a long time. And I personally am invested in what you're trying to achieve. And I'll continue to support and work. Thank you. I think these are essential ideas, not good ideas. They're essential ideas.

All right, let's bring this to a landing.

Yeah, there's going to be a law of unintended consequences conversation about unintentionally depriving massed middle of its energy. Of course. We'll be careful about that. For sure.

Okay, you want to succinctly say what it is that my colleagues are going to agree to

In plain terms, it's the okay to look at the ILA for the first time in over 12 years and see what works.

It basically was an agreement whereby through our investment in MAST, we received 1,100 guaranteed seats from 6 to 12. And the second ask is just your continued support. Get involved. You know, get on, go talk to the PTSA.

All right, well, we'll have to dissect that some more. I think so. I think so, yes. Discussions, yes. Money, perhaps. We'll take a look at it, yeah. We'll take a look at it and see where all our priorities are.

Let's do the Sustainability Advisory Board presentation.

All right. Council Member, liaison. Before you leave, discuss the opportunity of the additional brown bin. Oh, yes.

So just simply, if you think about what happens in the single-family home community, we get these bulk pickups, right? So every landscaping contractor and their mother throws all that landscaping material on those bulk pickups, right? so that's where all that debris ends up getting landfilled what the idea of the second the third bin is is to have a weekly pickup of landscaping material so that you don't get a much higher diversion rate that's the thought process here and that's a big part of the whole sustainability movement is to get no one wants to build another landfill right so that's the

I just have a quick question, I'm sorry. The last time, and thank you for doing that, for looking into detail on this. The last time we spoke with the manager on this, I think they were going out with an RFQ, this was moving forward. Have you been able to incorporate these comments? Where are we at with the negotiations of that or with staff?

To extend the contract as it currently is. And allow for the six months to incorporate and to study these components. So that we can put out the RFP.

Just to point out, you gave us two months. We hit the two-month schedule. All right.

We've exceeded the Zulu quarter to nine. Thank you, everybody. All right. Consent agenda. Move. Second. I want a poll.

It has to be unanimous. We don't need to consent.

If the man wants to poll them, he can poll them. It's just a quick question.

Yeah, as our... Good evening, Mayor, Vice Mayor, Council. What's your issue? My issue is this. Chief, if somebody's coming off the island and they want to go to Cape Florida State Park, and they're going on a motorized mobility device, whatever you want to call it, are you going to give them a ticket on the way to the park?

Okay, so in other words, there's a way to get through. That's my first question. And number two is that, okay, Joe bought himself a new electric bike last week. He didn't tell you about it. So anyway... He now has walked up to Crandon Boulevard and he wants to go to Miami Will he get a ticket leaving Key Biscayne if he stays in the bike lane? No class one bike.

Sure. Well, you pulled it. Yeah, I did, but you want to speak first?

Well, I thought we were deferring these.

I have just questions about it. Okay, okay. My question is as follows. We started with the, I guess, the community center with the elevator, and they came before us. You weren't here at the time, but we came before us, and they said, hey, listen, we've got to get rid of, I think it was Schindler we had as a contractor who put it in. They're not doing the job, blah, blah, blah. We've got a new contractor, and they'll take care of everything. They'll warrant it. We have a guarantee, et cetera, et cetera, et cetera. Next thing I remember, we had another work order. You know what? They weren't doing it. We had to get somebody else to do it. I think they did it on an

So my question now is, now we're getting another contractor to do this, and what are they warranting, and what will they do, and what will they charge us? Is it a flat monthly fee, or is it just for time when they come to work?

So basically there's no parts and labor involved in repairs?

And my question then is, can you get a service contract for parts and labor to be included That's not how the industry works. Really? Okay. So the ones I've gotten, they don't work that way. I have to tell them the contracts I've got are all wrong. You're screwing me up. You shouldn't do that for me. That's bullshit. They all wanted a percentage markup on the parts. I'm not saying the 1%. Listen, I'm talking about a contract that says for so much a month, they will take care of it. Service calls, either you wanted working hours, you wanted 24 hours, a different charge. You're saying that doesn't exist.

Okay, two things one. I just want to bring to everyone's attention that a long time ago I asked counsel to include in all of our contracts that if any of the tariffs were found to be unlawful and they were going to be reimbursed, that we would have in our contract that they get reimbursed to us. Thank you very much for doing it. I saw that in there. That's fantastic. My other question here is, or issue is, with the extensions of the contract, shouldn't that, even if, Shouldn't that come before council? Shouldn't we at least know whether or not we're at the time where we're going to extend it o

I don't think it comes to our attention.

Before it's exercised, just in case any of us know of problems or have issues or something, I don't think that's unreasonable.

I just think it would be, we would like to know so that if anyone has an issue, they could bring it up. When you're in the middle of a three-year contract, you don't know that it's about to end and that it's necessary to do anything about it.

To notify council when prior to an extension of the two-year. Exercising any extensions of contracts.

Ed. My only question on this is how will this affect us moving forward with the storm sewer installation, design installation? Is this going to delay things? If so, how long will it delay things? In other words, if we get GIT or somebody else to move forward, another engineer.

I'm all for the free. I'm not a problem with that.

Good. Okay. No question. No problem. That's it.

Did you, Steve, did you bring up with Chad my question, my legal question? We'll look into it. Okay.

We've only been working on this for, what, three years, four years?

I would like to just amend this, if you call it amend or parse, take it apart. and say that the, as brought up tonight by Brett about the, what do you call it, the stamped asphalt, at this point in time, I see that's part of the contract, 200 and some thousand, go forward with everything else and we take a final decision on that. In other words, take that out of the contract today until we advise them that that's what we want.

I would caution against that, if I may, because once you enter into the contract, that would constitute a material change and the contractor can do After that, you have to pay premium price for any changes. Perhaps, it's really something to consider. I don't, I have done all of those, yeah. But I would, okay, so my thing quickly is that I would caution against that.

Before you go further, if we change this in any other material way, it's got to go back to the county?

So couldn't we have an amendment to the contract to take that out with an agreement that if we put it back in, this is going to be the price that they've already quoted us?

or to provide for this as an allowance. We would do the contract and have a change order if we decide we don't want to do this. Because this is the last thing that's going to happen, not the first thing, correct? No, this is the first thing that's going to happen. Before the milling. The circles are the first thing they're going to start milling. Yes. You're going to put the stamped concrete down?

So we have to make a decision quickly. Yes. And it's $1.9 million of somebody else's money.

Listen, I have no problem doing it. The question is, if what Brett is telling you, it all came up, why do we want to do something that's been unsuccessful somewhere else? Right.

But by the same token, we had that presentation. Was it Kimley Horn? It said that to do this, in a pervious way was going to cost $1.5 million. I'm not saying pervious.

We're not talking about impervious. I'm not saying pervious. I'm saying.

I'm just. No, I agree with you. I'm not disagreeing. Okay. I'm just saying that. I think it brought up that the bricks have been there for 20 years. They're not maintained. They're not maintained now. I don't know how many times I've talked to you. Anybody that drives down Harbor Drive, it's just horrible, okay? Well, we're also not going to have buses. Sorry? We're not going to have buses. No, but we haven't had buses for a while. It's still horrible. Whatever we have, the point being is it's not being maintained. No. So the question is, can we maintain bricks? with our maintenance department where we have to basically subcontract out maintenance. What's your issue with doing this?

I'm proposing either we do the bricks and do them properly or do something else, that's all.

Can we discuss what we mean properly? So if these are sand set pavers, we're gonna continue having problems with them. So the question is, If we rebuild the structure underneath the street using concrete or some appropriate surface, we'll relay the pavers back down. Wouldn't it make more sense that we cement those in place versus sand set them? They are currently cement base underneath them. There is a cement base underneath them. I understand, but they're sand set after that fact. All right. So every time we have a rain, every time we have a water event, we – flush out and we undermine the pavers.

Yeah, but that's going to happen a lot. That is part of having brick pavers. Correct. And people need to understand that. And I've done it in Lasolas, places like that, where you have these brick pavers and they move, they shift. It's a maintenance issue. Correct. If you want brick pavers, you have to deal with that. If you want stamped asphalt, you have to deal with the tires. with the dirt and having to replace it. So either, you know, pick your poison, I guess. That's what I'm trying to say. But let me just, one quick, if I may, please. It says pattern pavement 246,693. Is that pattern pave

Okay, and you're allowing a contingency for $24,000 added to it. Is that just... Let me ask you a question. If you ask the contractor, what price would he give you right now if you talk to them and get a general idea? Because I think this subject is, I don't think we should really cut corners just to move a contract. I think we should look at this, and I think this is a subject that is not something we want to, my opinion. I hear the concern. I've heard Brett speak about it. I have a particular concern with it. I think there's options out there that we could do I'm asking the question, can we

To do brick pavers. To do brick pavers. Yes. Okay. Let's forget about the maintenance issue because it's going to happen. The village has to make a commitment. If they want brick pavers, we're going to have to take care of them. We can look for options, but what I'm saying is that it requires a specific type of maintenance. Can you talk to the contractor on this? Certainly back with the price and let us know because right now we're voting kind of why?

Would you agree with that discount contract result in brick pavers at the end? Is that the final?

So it you either live very different I Do want to say all of our prior conversations about this have been about the circles and and drainage and resiliency. We never talked about aesthetics that I recall.

It's always been pervious versus impervious.

Right. So we're ending up with something that is completely impervious. So if we can get something that looks better, set bricks, that's no less pervasive. No more impervious than the tar. I'm not sure what difference it makes other than the price and the maintenance. So part of it has to do with what we want the village to look like.

Let's do it before we sign the contract, not after. Because once we sign the contract, then we pay primo.

Is there a potential... that we would have to go back to the county on any of this. That's my, no, no, but, but Chad, can you, is there any reason that this would have to go back? Cause if it does, I'm, I got a real problem with this.

They're only providing the asphalt. The only providing the asphalt. And the concrete curbing.

Walk me through the most expedited manner in which we could potentially change the stamped asphalt for now, the brick papers.

The question is what Mike is saying. Explore the idea of not having a loose set, but a hard set.

Yeah. I think everybody thinks of a change order.

That's an option that Chris can put in the potential change order, is go sand set or concrete set, whatever.

But your re-speed tables are a bit more complex than that.

What do you attest to the failure that... former council member Brett Moss brought up with regards to Brickle.

I wasn't in the room. Brett, you want to tell them what you saw as far as the failure is concerned?

The other part of the comment was that our brick pavers have lasted 20 plus years. Yes, with some deterioration, but harbor's different than

This is an aesthetic sport. You mentioned something else, Chris, about settlement, which makes me remember now, maybe you remember, we had an engineering firm which designed all the circles with all the pavers and everything else. And at the time, Gene Santiago was our the chief building official, and we had a requirement here of 5,000 PSI concrete for everything, and at that point in time, these guys used 2,500 pounds, I remember. So actually, they came for another job and we brought that up so we didn't start using them. Now I don't know if in fact, I don't know what kind of mesh or anything

But you had settlement everywhere or just occasionally in different places?

Again, I don't know if you, and I don't want to say move everything up, but same token, I know it wasn't done according to what our building official, the way he wanted it done, and I know we stopped using the engineering firm again.

Yeah, but he also knew that as soon as you start pouring into cylinders, you add water to say, you know, Can I?

May I offer something perhaps as a way just to kind of find a middle ground and move forward with this? Is there a way that you can negotiate with a contractor some contingency to be added into the line items here that covers for the brick pavers right now should the village choose to move forward with that and allow us the opportunity to talk about it more in detail? I know, Mr. Mayor, I'm... but I'm asking a question whether, so what you're saying basically is that we have to approve it based on what it is.

No, no, I'm not, what I'm trying to say is that I know we're in second reading, but I'm asking if there's an opportunity, come back quickly with a negotiated value on this and bring it back, but negotiate with the contractor. See if you can include a number right here in the contingency.

Or get an agreement with the contractor in writing that you'll subject to a price. We agree to it tonight. We move forward. You get a price. We just, I don't know. I mean, it's, it's going to hit us anyway. I don't know.

I think we just had a solution. Sign this contract and then we want to change order. Okay. Quickly and say, and then don't come back to us with a price buyer. Beware. They're going to hate you. Move forward.

Is there any difference in treating this cost item as an allowance and making a selection? And that cost item is applicable to that final selection, whatever it happens to be.

I'm just saying. That'll do it for Briggs. It's going to be half a million dollars.

Okay, so then the only other question would be then deciding how we set it.

That's an option that Chris can provide us. Sand set or concrete set. We'll let the concrete.

All right, so we go with it, and we are agreeing to a potential change order. Yes. That we don't know what that amount is.

But we need that quickly because you said they're going to do that right away. I mean, they're going to start working on that right away.

So consensus of council for the amendment and then there needs to be a public hearing Public hearings now open Comments See no one come forward public hearing is now closed So mayor so I understand so we signed contract is can we ask them to reclaim the current bricks to potentially reclaim money

I think you can control the price. Just come back and let us know what it will be, but I think you should be able to control it. It's not like you're getting into some unknown condition. but it's gonna be an addition.

Is gravel elastic enough? I mean, oyster shells, decorative pebbles?

For example, I think we were on our Zork tour and it was... what was it, Greenwood, and there's white pebbles that are aligned, you remember? That would pass muster, I would think.

I've probably got smaller, for sure. My feet are small, so I'm sure... I've got to check it out.

All right, any other questions? I need to open a public hearing. Public hearing is now open on rocks. Public hearing is now closed.

But concentrate them and move them off the street.

I would like to offer a thought, Jeremy. Sure. When we do high-rise projects, we bus people in and out of the projects, okay? And, for example, when my crews come in, they're required to drop off and go find off-site parking, okay? You know, the park has, I mean, I'm not going to put words in the mouth, but the Build Bags Park has provided this service to many of these high-rise projects when they're doing concrete restoration. There should be a means and method for the contractors with their subcontractors to be able to drop their employees and go off-site parking, okay? I appreciate the fact

Well, it's also not fair for a person to have to live the construction of the neighborhood. Having the gravel in their front yard, having the parking in their front yard, it's just not fair.

So I do think enforcement is a little complicated. I also think the choosing of the adjacent property is kind of wonky, right? Who decides which property? Because it could be across the street, next to you, whatnot. But I do understand as well on some of these bigger projects, I think it's easier as opposed to a residential where you have talked about the different tradesmen, they need their truck, they have their equipment. It gets a little bit more complex. And I think the intent here is just to move what's already happening from the middle of the street, causing traffic and issues, now movi

I think the people next to the construction site are already feeling the pain anyway.

I saw it happening. Every day we'd drive by their house. They had construction next door. The construction went on for over a year. Sure. And we had someone complain and say. No, every morning they would get up and they would park on the street. So the construction people couldn't park and ruined their whole front yard and live with that mud and mess and the gravel and everything for a year, 18 months.

Which would just move the problem to the other.

Yeah, it creates a problem with somebody else. But I understand every homeowner who really doesn't want to do that.

Could we... Defer this for a second, okay, and ask Interscope, two or three of the major general contractors that build out here, ask them for their opinion on how best to sort this out. Because those guys are the experts. They're dealing with it all the time. They build high-end – these homes are not –

I just want to try to take the burden off the neighbors and try to talk to Mike and talk to other of these, Toto, you know, say come up with some ideas.

Jocelyn, as he amended it, please, I would amend it.

We had the same conversation earlier, Jeremy. Good. I'm good. You guys are good.

We'll open it for a public hearing. Anybody? No people?

You can close it. We'll close the public hearing.

All right, I'll just share this for the moment. I think that this is, the existing conditions are what they are. I don't think, I'll be interested in what industry feedback says. I don't see any way to avoid the burden on the neighbors. We're in a dense community, neighbors have the right to build. When they do, there's spillover. The one thing that this does that does not exist is provide for restoration And that is a continuing problem because there is degradation all the time because of all this construction. So I'm ready to go.

I have just one last comment. If we end up going forward ultimately with this structure. I would want to have a... procedure in place where you get the agreement of the neighbor that they have been properly restored. Instead of, because I know sometimes...

I mean, after the fact, make sure that they're happy with the restoration.

That's fair. Sign off pre-CO. Something, something.

By the way, this idea, did it come from another municipality? You saw it? How did this – where's the brainchild for this? We were just tossing around some ideas. Do we know what other municipalities do? Corgables?

Surfside residential would be about as close to us because they're small houses, high-end homes.

Okay All those in favor opposed motion carries I

If an employee works on a holiday, it will be double their pay. Is that double their pay plus the pay for that day? Is it triple?

Okay. I just am going to restate what I've already stated, which is for Article 22.4 and 33.3, just to make sure that This is for this round of negotiations.

Good. So in other words, the other thing is the COLA in 27 is zero, if negative, 4% of higher than 4%. In other words, COLA will be the COLA, but the limit's 4%, is that correct? That is correct.

I'll make a motion we approve of the subject to removing the generator. I don't think the generator is necessary.

I accept Steve's amendment. Okay. I second it.

To make a later decision on the generator. Make the generator optional once we receive the contract.

Because we don't know whether the federal government is going to make us do it.

What I read said they don't. They recommended it, but didn't say it was mandatory.

I have a quick question, though. If we do that, which is fine with me, does that require us to build the foundation for the generator?

Okay. I'm talking about a structural element here. I'm talking about a foundation that would have to be tied into something and would have to allow for room for it. I mean, I'm fine. Don't get me wrong. I'm fine with the idea of not doing it or moving it, pushing it. But I want to know that eventually that's decided. What does that mean for the contractor and the engineer who's designing this?

So then that could be, then all that would be scrapped out. All that would be right.

With Steve Zoltan. London slash Williamson.

So we made one motion now to approve the site plan.

On the site plan, public hearing is now open.

On the site plan, public hearing is now closed.

Just for the record, this idea that we go underground, we will never have an outage, ever. Ever. Never. Ever. We're never going to have an outage. Never say never, baby. Never. Never. Never say never. Just for the record, let's caution everyone that there may be outages in the future. Even though there's no data or no one has proved that this is true, but We keep regurgitating the same thing, but anyway. The point is to come back with an alternative, then we make a decision. The fact that you agreed with Steve, I mean, it's like this is... Must be a mistake. You know what?

Yes, just like we're doing on the trash. Option generator, no generator.

Well, Mr. Mayor, my presence is required somewhere. I'm going to excuse myself.

Is there a... Oh, I have something. You have something?

Just I just wanted to report that we're working on it There's that Jessica there she that Jessica. Okay, you can come up and speak to that if you wouldn't mind I Oh, I found your notes here, but you're better at that than me.

And while you're there, can we also, Mr. Mayor, do...

It's great. You've made great progress in that. There's still a couple of issues. I just want to ask you about keeping it Key Biscayne only. Is that just a policy that we have in general about the website?

Would it be okay if you put things that were not Key Biscayne-centric that the disability board felt were important enough to make people aware of?

Oh, no, I understand. But when I go back to the Disability Board, should I tell them speak with you, speak with Juan?

Yeah, just quickly, I've been working with Steve to come up with what we basically call an operational chart, Steve, to move forward. Where are we on that chart?

So the idea with this was to get this up in front to keep the community and the council just where we are on status of projects and I think this is something that we could review in the front of our meeting to basically let the community know where we are. And I think this would be a good idea to move this to the front of the meeting versus to the tail end because it also reminds us on all the projects that we're currently working on and keeps the community informed. So if we could move this to the front of the meeting. I'm sorry, what's it look like? This chart should be shown. Yes, this char

Before, right after public comment. Before consent agenda. Before consent agenda, yes.

When this comes up, what I've been trying to do and what I would do if we had this is highlight what I brought up at the last meeting or two meetings ago, where we are with it. And so we don't have to go through the entire thing, but you can kind of highlight.

Go ahead. Walk me through, because this is going to be repetitive, right? Right. To a certain extent. Right.

what's next I guess I guess the intention is to have a status report of where we are on projects okay so fundamentally where we are that's correct so it should it should be you know I would only a real highlight something's changed or something changed yes okay so that we we set we set that so we're aware okay and that the community is aware

So if you're talking about highlighting what there's a change or something, look at it. So we then show the whole thing or do we just show the ones that there is?

There's a material change where there's a material change.

I think I see a color code issues, problems, not start, for example, issues and problems.

I mean, people are asking me, and I'm sure they're asking you, are we undergrounding Zone 8 or are we undergrounding Zone 1? So are we approved? So you kind of need just that.

So the idea here was to start this discussion, to come up with some format that Steve could help work on that we could deliver. Okay, and I wasn't expecting to have the solution tonight. I was expecting to have feedback from you guys so that we could all come up. And there may be things that Benjamin wants to put on this list, financial stuff, like where we are. So the idea is to have a, for all intents and purposes, a roadmap for where we are going and what we're doing.

So I might see value in something like this with less detail. bulleted, but then focusing on the things you feel that you need our attention. A change, an issue, a problem. You have the color coding already here. But to see this month to month to month to me is going to be a lot of repetition, and eventually what will happen, it'll just lose all of our interest. And so I want it to mean something.

Is this for us, or is this for the public to understand the progress that we're making?

The attention's both. I mean, it's also a certain amount of holding ourselves accountable and administration accountable and also giving the community sort of an update, like what's happening, okay? You know, where are we on zone one, undergrounding? Where are we on zone eight, undergrounding? You know, what's the status, okay? quickly so that we can get that out in front of the community. And maybe this goes into the newspaper. I don't know, I'm not sure. It's just something that's out there.

I mean, Joe writes these great... How about quarterly as opposed to monthly?

Quarterly is fine. I mean, I just think it's important to have some working agenda that's up front that we review every meeting.

I think it's a great idea, and I think that one of the things you would see is if there's a change that month, you'd have the whole thing, and then river change that month being a different color or highlighted or something, so you know where we're going. Right.

What are you interpreting, what are you hearing, Steve?

The problem with not including the manager's report on here is that no one's here now. And the manager's report is at the end.

But that's why I'm saying to make sure to include some of the important action items in the manager's report in here. Right?

Are we working towards understanding what we're trying to do? Guys, you feel like this is helpful or not helpful?

Helpful, but I think we need a couple of trial balloons. Absolutely.

So we've got it all here, and now it's bringing it down and tightening it up.

and so what i'm what i'm hearing is for sure issues flag and we don't have a problem with moving it up into the agenda no as long as it's not concise right right all right so so that you know i don't know steve is it 10 items or is it 15 items uh

The good thing about it is because we get the agenda a week in advance, council can highlight whatever they would like to bring up for discussion meanwhile the whole public has it but just not for discussion but to note this happened that happened we made this move yeah without having to go yeah you know item by item i think it also to your point before you it facilitates our ability to inform residents right which of which we are out there in

in the neighborhood talking about these things, and the question does come up. What's going on with the trees? What's going on with the jungle jungle? What's going on with the pool?

Well, yes. The person running the meeting has to say, you're going off tangent and you're discussing stuff that's important but still not coming up yet. Right. And look, that's something...

I think, I don't even think we should go through. We should say, here it is.

And somebody, if you have a real problem, you... Well, some, even, there's even a, there's sections that say decision needed, for example. Or an issue, right? Yeah, but that decision needed isn't that weak. No, no, I understand. But we're already, but we have a top of mind. to do our homework to be able to give the decision when it's time to make it. Or ask questions, correct. So it's a flag. Decision requested.

Right. The info only now is just an update. It's just, look, it's going. And that's going to be repetitive month over month.

Maybe we just focus on the decision needed items.

Well, there was another one he mentioned just now.

Those are the ones that we need to be focusing on.

It also gives us foresight of what's coming in the agenda before we even get the agenda. That's the intention. And how we want to prioritize it. I do like that you have it prioritized as well.

It's underground, well, there's the underground zone eight. It says decision needed.

I think that's a great idea, and I think everyone's going to get a lot out of that.

Yeah, well done, Mike. I mean, Steve and Mike.

Brett, since you're here and you're going to be the future mayor, you got any comments about this? Because this is something that the intention is to help.

Do you feel comfortable with that direction? Yes. Any more detail? No. You're good.

If we adopt it, Mr. Attorney, do we have to change something in our regs?

anything else just just so we're clear on the schedule the RAF Council workshop is going to get changed to most likely to that site the site plan for well that's a long meeting both of them are gonna be long meetings so let the mayor and I kind of see how to do it on separate days figure out yeah because you have resilient infrastructure program and the Zork

I'm out of town from 28 to the 6th, so I'm here for the budget meeting. He just went on vacation for two weeks. I can go on vacation. You can. He's the mayor. No, you've been here for two weeks. Mike, you've been here for two weeks. I just, I mean, we're not talking about doing anything before the 10th anyway.

I'm talking – I just also want to understand the financial ramifications. So are we talking about – $4 million, $5 million, $6 million. What are we talking about as far as expense to proceed with this thought? You actually got there very closely. Yeah. Cause I thought that's the number.

Correct. But that's, that's basing it on whether or not we agree that 500 is the true gap to your point. There's a gap maybe intentionally up until today. I do believe it's smart to start with the gap because that's where we're missing lights. I don't know if we need 500. I think that could seriously change the entire fabric of the island. And I think the intent of having that gap might have been intentional from the beginning. So if the number for 500 is 6 million, let's say, can we start with the gap and then see where we go there and continue to see?

Which we don't necessarily have to follow.

Chris, can I ask a question, please? Do we have an example of a street that's compliant?

The areas that we don't have any streetlights whatsoever so you tell us what street that is sorry yeah I'd have to go back and look at the presentation at the photo metrics so you so just find if I threw out some street names with just so is island drive for example complain.

The reason why I'm asking the question is that. and I think Oscar pointed out the fact that there might be some intention to make the lights lower. So if we have a street that we know that was in somewhat compliance, we could say, okay, does this meet, does this meet the, first off, does compliance meet, and then does this actually meet the standard that we're intending to have, right? So, because we may not need to be at the extreme level, we may need a happy medium by between, so that may be go for 500 lights The 300 lights, I'm just throwing numbers out there.

Okay. I just want to make sure I understand here. On your paragraph three, toward the end, there is the next steps. You're going to coordinate with FPNL and Miami-Dade and complete analysis and advance necessary transfer agreements. What transfer agreements?

Do we agree on that? No, no. I don't ever remember agreeing on that.

Okay, that's what I'm trying to find out.

They were actually taking inventory, right? Yeah, for inventory to find out what's what.

Okay, because when I read advance the necessary agreements, why are we doing that when we have it?

How do we feel about the education so far?

particular element of the code that is an issue so jeremy he came to me and just you know i might have made the mistake so i'm going to put it on the record okay he said if i take those little plastic poles and i move them i told him move three feet from the road okay and that would be okay now that's probably that is incorrect information at this time that is what we had decided to

So what he's expressing now is the fact that he's getting noticed for these plastic poles.

Hey, by the way, you have these. You can't have them very soon.

Can I ask you a question? Please. There is also damage by vehicles. I mean, I've seen the pictures here. I don't know if you can see it, but they create... I know of it. I know of it, yeah. So the plastic poles, to a certain degree, don't they help that?

But that's not good. I'm sorry to say that. That destroys vehicles if you put rocks like that. Well, that, I mean, but those are allowed.

He could plant a hedge. He could plant a hedge.

The little... What do you call those things with the... Reflector sticks.

Right. So you just put the grass down. You want to make sure... Ah, good point. Okay. That while the grass is trying to stick, that you don't have... the dumb people going over your lawn.

that temporary elements when you temporary elements are allowed okay all right so the definition so so question for you is what is the time period that you're going to allow and not enforce because if you're re-sodding and you're constantly re-sodding you could you could therefore have these plastic poles out there forever so we could tell steven hey by the way just keep throwing sod out there big boy and you can keep these plastic poles as long as you want so this is this is so

That's my situation. My lawn floats away in heavy rain.

Get the rocks. I think we had a conversation, Jeremy. Maybe I didn't communicate. There must be some plastic pole that does this.

But one quick thing, I'm sorry. I didn't voice my opinion at the workshop, but I'm a little concerned about large angular rocks three feet off the right-of-way. You're driving at night. You may steer in human error. I know, man. I'm told not to drive at night.

Yeah, I know, but trees grow, but we're telling people to go ahead and put angular big rocks where you're driving. I mean, you should not be driving there.

Well, but human error. You didn't hit that tree on Ocean Lane Drive, did you?

You shouldn't be, but human error or other things. I mean... You know, we want to be safe, right?

Let's have another conversation before you start enforcing it. Let's put it on the next agenda. Got it. We're getting punchy.

Do we need to put out any notices saying enforcement is coming soon? Okay, I'm just saying, then maybe continue to do it.

All those in favor say aye. Aye. We're adjourned.