Regular Council Meeting May 14, 2026

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 here. Council member. Stoner here. Council member. Vasquez here. MR. Mayor, we do have a quorum. Please rise for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America. And to the republic for which it stands. One nation under GOD, indivisible, with liberty and justice for all. Let's stay standing for the invocation. Reverend Willie Allen, Saint Christopher's by the sea. Good evening. Good evening. Let us pray. O Holy One, who was 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 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 are. Our island MAY continue to prosper and grow. We ask that a blessing on each and every one of them. And this we pray in your holy name. Amen. Amen, Amen. First item MISTER Mayor's brief comments by Council. 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 that the people who did the real work for that in our disability advisory board, we have any. Thompson. Terry Oliva, Elise Benac, Leandro Bear, Chiara Bergonzoni, Christy Mendia, Sonia Keefe, and of course, we couldn't have done any of it without Todd Hofferberth. And and of course, Mayor Rascoe 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 Doctor Michael Alessandri from the card program, Jennifer Derosier from University of Miami card and Doctor 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 on Crandon Boulevard where some lights are out a 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 nice 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 up 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 the students back home to do their homework and 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. It's going to be fun to see. We welcome you. They're 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. And thank you for having us. All right. We're used to scrums. We can do one all together right now here. This is paper crane. Oh my. Okay. You have the whole crowd here now. I hope you're watching this rugby. People who are members depressed. Oh my GOD, look at all. Mayor, council members on the other side. But you captains. Once again, thank you to Mayor Carrasco. 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 Cup. So we have both under 19 and under 16 with the caps. Captains will 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. Todd. I don't know where you are for having us. The field ready in OCTOBER. Thank you so much. Thanks. You're in charge. First time we won both championships. So once again, thanks. To all our coaches and to the city for supporting us. The whole. How about this group? Yeah. Good. Coach Manuel. Okay, tell him what this is all about. So people listening at home. Yeah. Please introduce the rugby football program. Oh, this is a rugby program for everyone. So all my friends love to come. And we have these amazing group of people that also come. We play rugby once a week every Tuesday. And last week we we played a game in Weston for the first time. It was a 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. Okay? It's not just about paid coaches. It's about being very involved with the community and, and working as a team, working as a family to, to get these boys to, to have a, 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 that you've been able to achieve as much as you have been able to achieve on a shoestring budget and also with with all the difficulties that come with being involved with a a nice group of guys. Give me five. Yeah. All right. Go home and do homework. Thank you. Well done. Congratulations. Thank you. Why do we get this? This is a great where we have to put up 400. They get they get they give us another 400. That's a massive. What are you doing? Well done, well done. What are you doing? Those. Congratulations. My day is gone, baby. My. Nice to meet you. I'm really struggling with not letting that for an hour, two days a week with my friends at 7:00 till I go to the gym. After that three days a week, I cannot. I'm having trouble running for the first time in my life, I can't. I know my running days not amazing. I don't know how we topped that. Fuel card of some sort. Whatever that's about. Why would we need a fuel card with gas? Thank you, 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. You. All. Hi. Hello, everyone. There is a presentation, but I will start without it. Oh. Great. Hello, everyone. My name is Marilyn 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 programing for the Biscayne Branch Library, but also for the, 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 programing 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 programing, including for capital campaigns like this one. i hope we have all seen some of the great images of our renderings 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 youmedia space which targets teens and teaches them how to do podcasts and. Record music and all sorts of kind of electronic skills that they will need going into their lives. It will have two large multi-purpose 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 programing and events and improved landscaping. We were really excited about the art and public places choice for the Key Biscayne Branch Library. It's going to be current 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. So. We are actually going to be launching this campaign at the groundbreaking ceremony on MAY 26th. So you guys are getting a sneak preview. And the money that we raise will go towards expanded programing for the Key Biscayne Branch Library, and also to support programing across the library system. We're going to be selling 1108 by eight 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 if the mood is so struck, Frank, that won't work for you. No, no, I was hoping it 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 him. Yeah, absolutely. So each brick is going to cost $500, and it will, you know, give those families that buy one a permanent place on this incredible new institution that is going to be a center point of the the fabric of Key Biscayne. And you guys actually have the very first opportunity to participate in this campaign because it the website has just gone live. And we are technically launching on MAY 26th at the groundbreaking. But I will not deny your money now. Finally, even though I am here mostly to talk about our 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 will 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 kind of all of the kind of dozens of events that we do over the course of the year. But 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 26th. So thank you, thank you. Thank you for coming out tonight. All right. Next item, MR. Mayor's public comments. Yes. Okay. Good evening everyone. My name is. Thank you for having me. And your address as well. 0151 Crandon 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? No, no. We'll. Okay. Thank you, thank you. Thank you for your comments. From. Yes. Alan's. Most. 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 would 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, thank you. Congratulations. Do you think we found Todd's successor? Todd, or our police chief? Can you address your. Points? And. And you want to deal with her? Sure. You want to? Sure. So we do have an incident review committee that's made up of Juan Gutierrez and hr, 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, there's. We stated there should. 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. And if you need any further information, you can talk with them after. Okay. Thank you. Thank you so much. Andrea Castillo. Hello. Good evening, mayor and council members and staff. I'm Andrea Castillo, moderator, Key Biscayne 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 is certainly no stranger to Key Biscayne community. As our church celebrates 75 years serving Key Biscayne this SEPTEMBER, the farmers 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 village, to the life on the key. 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 ordinance on first reading. Yes. So, you know, 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? The. 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 let me tell you, he's going to send all his comments in writing to everybody. Thank you, I can't wait. Thank you. All right. The next item, MR. Mayor, is the agenda. Approval. Deferrals, additions. Deletions, substitutions and withdrawals. Petitions. Additions. Do you want me to read your additions? I gave everybody a copy of it. Yeah, let's just just add Ed's. Item to the agenda. We'll discuss. I'd like to also add discussion of zoning stormwater. I'd just like to combine both items. I think those two items that I have for, for kind of go hand in hand. What, what I'm sorry, my request of for discussion. Yeah, yeah, we can just, we can just talk one item on that. Not not one and two, but just one item. I'm sorry I don't have your okay. The items to discuss vision plan. Yes yes yes. The vision plan. Yes. I have put them together with the other item. I have two items. Okay, I got it. Okay. Thank you, thank you, thank you. On the agenda. All those in favor of the agenda changes? I opposed, motion carries. Sorry. The next item is. The consent agenda moved. Thank you. All those in favor? Second, please, I this is the consent agenda. All those in favor, say 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 item? Yes one eight c. So I would like to pull eight c and discuss that the elevator repairs. Okay. Okay. So eight a and eight b are on the consent agenda. All right. So I will read the 8ca 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. Moved. Second. Thank you. Okay, Sarah. That's odd. This is you. Yes, sir. I don't know how many years ago it was, but maybe 5 or 6. We were dealing with Schindler, I think was 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 was. Yeah, wasn't you. There wasn't me. But I do recall the project 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 speak to this incident. What it is, is it's proprietary equipment. It's Schindler's equipment. That's exactly what I brought up. It's 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 29,000 to? No, we've moved to another company since this. 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. Chris was going to handle this item, but he's. Yeah. You got I don't know the contractual. We do have a contract with us. We do have a contract with them. The like you said, these are generic panels and they are being. They were programed 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 they come out they charge you? I I'd have to look at it. I'm not familiar with the contract. It was an emergency purchase. Okay. I was right next to a woman. In other words, the elevator wasn't working, wasn't stopping on the. Neither of the elevators were working. So it was a Ada issue for sure. Yeah. Which one are we going with? Is 1249 90? Oh, that's the typo. Yeah that's correct. Okay, okay, okay. Thank you. Okay, that was it. Ed, quick question for you. Are you looking are you looking for a maintenance contract that would be inclusive of parts and labor? Is that what you're talking about? I think, Colleen, that's kind of a common process that I'm sure. I'm sure we have something to that extent, I would need to look on our document center on Laserfiche to find it. Exactly. And and take a look at it. I agree with you. It should it should be something maybe that's included, but I don't know the exact parameters as to why why we have this extra. Chris, Chris is out tonight. 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, 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. Moved and seconded. 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, any offshore barrier reef feasibility study, preliminary design, what's the status of that? I can speak to that or Roland. Yeah. So thank you for asking. We actually did get a federal appropriation for 412,500, and 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 in 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 for 12. Yeah, that's 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 this is is this a study that we're this is one payment or this is the first payment of any payments? No, this is going to be just one one full budget to complete the entire feasibility study. They'll 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 this is not they. This is we. So this is a appropriations. We requested for us to perform a feasibility study in a preliminary. We're going to perform. This is outside of the Corps of Engineers. Yeah. This hasn't anything to do with the Corps. 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 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 5050 match. So then basically, if it gets approved, if the study says, okay, you can do this, this, this, and this, then we have to pay for it. We have to then we have decisions we have to make. Yeah, we'd have to, we'd have to fund. This is basically going to prevent what's it going to prevent? It's to slow down shoreline energy. Exactly. But now does this mean that the. It's to extend the time between beach Renourishment and that. What was it called? I guess the sheet piling mounding that they had 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 chorus project, right? That's the one because they're doing the 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 we're working through they're doing an analysis on the benefit cost ratio, seeing if 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. So when you talked about this before, what kind of dollars were they talking about? What was it was a trade off on an analysis when when something they put your project for the Corps to move forward has to have a positive benefit cost ratio. Okay. Any work inside the water, whether it be from an environmental investigation, assessment or the work itself is very expensive. There was a possibility that that benefit cost ratio was not been adequate for us to move forward. Okay. So the question is, 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. And 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 for 12 to do the study. Well, maybe twice for eight, 25. Correct. So then the question is, once we get it done, what's the deliverable? What's the exactly. And then if they do assume they won't assume they do the sheet piles, for lack of a better word. I don't know what you call it. They won't do it in the ocean. It's a reinforced, enhanced doom dune line. Okay, isn't that going to basically take care of a lot of the. Of course, the energy is going to be 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 Navy. Yeah. Tie back walls, but also not three year beach Renourishment 18 months every 16 to 18 months. So we want to do is time between that period. So that and remember that the, the, the Corps project is 50 years into the future. So they're projecting this, you know, wouldn't be 19 or 20, 32. We'd be doing it. But over the years, their anticipation of 50 years out that we'd be having to renourish our beach every 16 to 18 months. Would go up. So this is an attempt to see if we can, as Roland said, the time between Renourishment break the wave attenuation, reduce the beach erosion, reduce the time period between Renourishment. Mike excuse me. Devices that are being considered. Are we talking about jetties? What are we trying to move littoral drift from trying to to stop it would it would it would literally be three d printed structures that would be deployed some distance offshore to extend to basically 2 or 3ft below the 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. Well, we piggybacking on something that Miami Beach is already doing. I believe there's something if that'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 seagrasses that Miami Beach doesn't have that. That's the feasibility study, obviously. Does it physically work. You know that that is will it actually attenuate the waves reduce the erosion. And the other one, can it be environmentally done? And as the mayor mentioned, you know, we have a significantly different environmental. Yeah. I mean, is it permittable given the 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, right. But I mean, if we do seagrass abatement, that's super expensive. So if we would go in, I mean, I know it's expensive because we're doing it the yacht club and it costs a fortune. So, so the I'm just trying to understand what the intent of the study is, other than just to reduce the wait. I mean, you probably already know something of 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, I mean, you can't affect you will affect the energy dynamics along the shoreline, which then affects the sediment transport, which then affects what where it accretes and where it, you know, 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, that's an integral part of this feasibility study. And the intent is to try to reduce the amount of times that we're reducing the beach. What's the cost of renourish the beach at current 2 to $3 million? 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 last time it was approximately 3 million. We did it. Yeah, 2 to 3 million hovers around there, 2.5, 2.5. How many years ago do we do it? Just roughly 2024. We're scheduled to do it next year. So that would be yeah, 2024. Okay. Thank you. Appreciate it. We get any funding for that? Yes. We get funding from the state, 45% split. We pay 55. They pay 45. Scouring problem with this type of offshore thing. Scouring in what sense? When the water comes in, it hits the barrier and then scours 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 viable? That's part of this study. That's why we have Durham, I think, County on board the Durham. Durham is going to be on board on the tac. The state's going to be on the tac. The dep no is going to be on the tac. We might have someone from the Corps on the tac. So couldn't 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. Want to be a part of it? Yeah, they're interested. And they, you know, they, they're, they're curious to see whether there's a way forward, you know, could even create a whole nother ecosystem. That's, that's, that's also part of the, could be part of the benefits. Yeah. Ecological enhancement. So tonight we're just talking about the budget, but not actually spending the money. Right? Right. Exactly. Yeah. This is just putting the money in place. We're still in the process of writing the. Yeah. No, we're still in the process of writing the rfp or rfq. We'll put it out sometime over the next month or so. No, within a week or two. Yeah, yeah. I have a question about that. If we move money. Into the the operating account and then we decide we're not going down a certain direction and the money 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? This this is capital. Okay? Capital. So regardless of the amount you have to notify us or when I when we move $8,000, not usually, but any significant 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 less. One might go over by 20, 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 we 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 account when, when, when, 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 the project is 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'm not. i don't care what it is. There's 75 left. Can you use 35 for something else and and 30 for something else. And and we don't know about it. I, I'm just concerned about moving money around and we're not aware of what's happening. The manager has that authority. I, I will frequently notify you when, when you get you every month we get the capital plan. It's inside of the report. If there is a significant change of money, we notify council. Yes. Steve, when you use the word, when you use the word notify, I mean, that sort of that's kind of gives us the impression that we don't have any, any, anything to do with that expenditure. Is that is that you making the decision or are you asking for approval and then making the decision or both? I 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 as bids come, earmarks to specific things. So the intent, you know, for instance, like I said, I think 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 8000 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 surplus are allocated to project y, the implementation of which is deferred. I believe, and there there is. I believe it's on this one. No, it's not this project. Or are we I guess. Yeah. So here the rubber safety surfacing for village Greenfield that that's actually a new project. So we're asking for the additional money right to do that. But that's come before this body. Yeah. You voted on that. Yeah. 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. You know, we we talked about that at the last council meeting, right? This is what I'm trying to understand. In the example you just gave when they moved 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. Why that need is reduced or abated because of the money that was applied from project x that is surplus. I got a chance. Okay. So there's a 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 that's exactly the opposite of what happens. Really. Yeah, I guess I the last 11 years I just missed it. Councilmember. I think, Councilmember, I think you're talking about the operation budget. Yeah. But we're talking about the capital budget. The capital budget, if is 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 okay. But going back to this, the resurfacing of the of the village green curbs, if I'm not mistaken, when this came up originally, that 65,000, I think Todd said last meeting that 60, we had some money from that because oh, maybe it wasn't for that. That was for the for the, the artificial turf. We had money left over from Saint Agnes. Right. Was that for the artificial turf? Yes. That we were using. Now for something else, do 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 Saint Agnes project. We had a great project, great design came in. We never had to touch the contingency, resulting in money being available for the rebalancing mid-year. I was just giving you an example how funding would 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 $30,000 is available to project. We didn't we didn't spend any of the I just just I'm just using I understand example, right. So that that 30,000 is there for sitting available in, in some account that Benjamin knows where it is and, and you're taking that those funds. And we're using parts of those funds to fund the $65,000 repair repair for the, the rubber bumpers for the, for the park, basically. I mean, what what we do is, is we look at current needs or needs that have arisen like this, and we see what funds are available. And if funds are available, they're allocated to that project and then recommended to the village council. I think Nancy is trying to understand the accounting part, right? Not the. Yeah, maybe you can explain it to people because I'm confused a little bit too. Yeah. There's a little confusion. Let's let's separate. As the manager mentioned, the operating accounting and the capital fund. So 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 in an item where there's excess here, we've reallocated to another project and therefore we are now asking for less money in the subsequent year, as I think Councilmember Kaplan alluded to, for something that's already been approved. It's an existing project. It's not a yeah, we won't be a new project out of thin air. It is an existing project. We cannot create a new project without coming to, to the board. So so but 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 that the overage occurred before it occurs. So if the project is let's say a project is 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 how is the council being informed of that fact? So it's a contractual issue. I think you guys saw this with the amendment that we had to come back for. The building project was a good example of this and 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 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 needed to come forward to the council for the reading. However, if in his example, it's, you know, under $5,000 that we need just equipment for the new park project, he could probably do that without coming to 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 still have to come for approval. The budget amendment portion would not correct. Okay. Thank you. Okay. On nine a and another question. Go ahead. I'm looking at the 600 000 is three items at&t design one eight and Comcast. Have we decided definitely that we wanted definitely underground at this point in time the the cable and the telephone. I mean I, I don't know, I mean, I know we said 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. And MR. Bracken, you want to elucidate on that? 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 eight. Right. It's you know, it's set the design underground underground zone eight. Small small zone ready to go. All we need is at&t designed to layer on top of everyone else. And we're ready to execute in the interim or at 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, you know, 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, it's not Wyoming, West Texas. You know, they also get federal funds for that because that was part of the previous administration's infrastructure 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 15000 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. I'm bringing it up because first I thought we approved it all, and then I thought it was a big discussion on maybe going forward with the electric, but holding back on the Comcast and the telephone. That's 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, but then my understanding is even though that we didn't push forward on it or agree to, to pursue that further that night, you all did. And I did undertake looking into that to see if it really is possible and if so, I think what, whether we would be saving able to. So I mean, the the section eight is $150,000, okay. Which is not inconsequential amount of money, but it's not like doing the phase one, for example. So I and we're so far down the road that I think the idea is to continue that process. That's all I'm asking. Okay. And it's not. And it's and I think the other 250 is really just sitting there as a holding holding number. That was my question. I don't understand the other 250 though, because the other 250, it's zone eight. No. 250. Excuse me. Zone one. Zone one one. Yeah. And I know I asked you this, but I still don't understand it. So I just want to clarify because where are you, Mike? I can explain it better than I can. And this is, to be honest, in 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. Can I just ask a question so that you know. Absolutely. Good evening. Council. Confused. I thought that we were done with all designed for zone one, which would have meant that the undergrounding was included in that. And we 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 for we are done with the design. At&t provided us with a design for all of their conduit layout for zone one, actually zone one 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 approval. But they're saying that there's 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 I don't know where. So Mike, just to be clear, they got we gave them an upfront payment of $9,000. That's correct. They proceeded to do a design that what 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. Comcast no. So Comcast was able to design the complete job for 20,000. And they're asking an at&t is asking for 250 for a similar type of work. Yes it's less than two. 250 but yes. So that's where these business models do not align. That's why I proceeded with before what you want. Look we're we're we're not with this money. Trust me, we're not we're not going down, you know, without making a really strong argument like this. But this the individual at&t is also the person I'm going to talk about. If this is what you're going to do business, you got to tell us whether you can do fixed wireless because we're bypassing you. I mean, this seems a little almost litigious. I mean, not, not I mean, you don't, you don't proceed and send somebody a bill for $200,000 to 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 up front. 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 that we have a gun to our head for the. 250 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 even more important that we investigate. Yes, sir. Yeah. So at the end of the day, I'm not sure we need to move 250,000 over there. 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, we're we're all we're doing is allocating to move the money from, from the, from into the from the opera, excuse me, from the designated account into the operating to the to the capital account. Thanks. Yeah. And it can be moved and not spent and moved back. Right. And at this moment nothing's final. But they've conceded essentially $50,000. For that. No, they've conceded $170,000 from their initial cost that they sent to us. We had a change order or any paperwork. No, they reduced it. So they gave us one for $379,000. What are you saying? Without without any documentation. And you're you're absolutely right. Yeah. That's insane. Okay. 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 item. Hell no. Yeah. Anyways, so I just want to be clear that we will not pay for it. Obviously it's got to come to you anyway, but you know, we're we're not even considering it unless we get an itemized invoice. But that's okay. Okay. 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. Councilmember Kaplan yes. Councilmember London. Yes. Vice mayor. Yes. Yes. Council member. Stonor. Yes. Councilmember. Vasquez. Yes. Mayor. Roscoe. Yes. Councilmember. Bracken. Yes. The irons 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 is on first reading as yes, we have come up. If you all have any questions, but tell us what we're doing. What I would 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 number item number three in the manager's report. It 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 we've moved in a different direction. And this is the the way to get us going in that direction. And, and we can talk about it if there's something we don't like. But but this is what we agreed on. So yeah, manager's moving fast. So look this way. So that's the yes. And like you say, putting in the budget and spend it fine. If not it's going to be there. Yeah. Because basically we don't know what it's going to cost. I have some estimates much lower, but GOD knows what will happen 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 you know, we think we're comfortable with the design criteria package just because of 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 Aecom work that was done, and then obviously we had the recent work by git. So the combined with that, we feel fairly comfortable that a design criteria package. Moving to a design build is an acceptable way to move forward with the intent phrases he has are more than adequate to cover everything. And I also want to make clear with the intent to make it package able or feasible into six different possible sub projects. But this is just moving money. Again, this is not spending money, correct? Correct? Correct. Right. Calling 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 1 and 2 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 cctv, 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, which totals to 2.65. Let me ask a question. Are 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 going to be spending this money anyway, I'm proposing we do spend this money part of the money, but we're not making that decision tonight. Well, so. Well, I mean, I got it. Later on. Okay? Okay, okay. We got that far. Okay, okay. We haven't gotten that far. We're we're drafting the rfq. Rfq now. Yeah. We are. I've already gotten quotes for the cctv. Yeah. You know, 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 1st. I thought we already had quotes for the cctv. We do okay but it will have to go forward with that. 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 we have to put money in the account to pay for it, we have to pay for it. Okay, we have quotes. Yeah, but I thought we were actively had already quotes. We're just going to move. We have to pay. No, but I'm not saying that. I'm saying we got you thought we'd already thought we were already doing the work. No. Well, we never voted on. She's not even there yet. What are you talking about? I've been asking for this. I'm sorry. The mini hat 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 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 the, you know, 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, goes back to getting a hand wave. Everything's fine. And no, no, no one in the administration said that this was moving forward. We were waiting for the decision of APRIL 22nd to listen to the tapes. I keep on asking over and over again and again. I'm being told, yep, yep, it's been done. Or, you know, that's what I get. So again, we. Anyway, thank you. All right. On the. Further discussion on the budget movement of funds. Council member London. Yes. Vice mayor. Yes. Yes. Council member. Stoner. Yes. Councilor. Vazquez. Yes. Mayor. Roscoe. Yes. Councilmember. Bracken. Yes. Council member. Kaplan. Yes. Guidance. Is the. The item is approved on first reading. The next item on first reading is an ordinance of the village of Key Biscayne, Florida. Amendments amending section 30-112 supplemental use regulations of the Village Code of Ordinances relating to outdoor farmer's markets. Providing for severability, providing for codification, providing for conflicts, and providing for an effective date. Moved. Second. Thank you. Good evening, CHAIRMAN 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 farmer's market going on for more than ten 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 farmer's market for a couple weekends, and there was no real provision to allow the farmer's 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 of things that have come up, like we'll have a designated point of contact in case there is an issue, which that has shifted over the years at the existing market. I think this will put a with the 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, for us, for enforcement. And we're not going to make this like a regulatory hurdle really for the existing market will work with them to get a to, to help them through the process. And if anything, this is to support them better. Yeah, I think, I think this, 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, on sub c of, of paragraph seven, how that parking is going to work. Well, we only we're going to be in unsurmountable us. Yeah. Because if somebody else wants to do it, I couldn't let them do it. And if and like when we had to move it for two weekends, we had to give them a special event permit for each event, like a special event farm. So what? Well, then they would have to come in every week and file