Residents spoke out about Key Colony Beach Commission Activity in June and the June 18 Commission Meeting:
To: KCB Commissionwers
Subject: Pickleball ContractDear Commissioners,
The new contract with the KCB pickleball club is very comprehensive. But as the Recreation chair, I have received several questions from KCB citizens on the workings of the Pickleball club that I can't answer. So I feel it would be in the best interest of KCB citizens, if
1. a club financial statement be required July 31 and December 31 of each year
2. a demographic report be required of the membership as described by KCB pickleball websiteThis would also be more in keeping with information that is required from golf course management.
Thank you.
Sincerely,
Cynthia Catto
Key Colony Beach
What did the KCB City Commission do at the meeting on June 18?
"So I am expecting that we'll have to increase the millage rate," Commissioner Harding said.
The commission heard city hall updates plus welcomed a new police chief, charged to extend tolled building permits, heard opposition to a 40,000 lb boat lift, and discussed the pickleball management agreement, sludge hauling, affordable housing, KCB Day, noise issues, the police union contract, and more. Read the entire Zoom transcript for this meeting.
KCBers may want to ask our commissioners about these items on the agenda or other issues in the city.
Elections for Commissioner:
Three candidates have qualified. Lynne Benton (Conkling), Kirk Diehl, and Freddie Foster are candidates for the two open seats in the upcoming November election.City Hall Update:
Vice mayor Colonell reported on day 192 of 308 with 116 days to finish the entire job. Billing has been about $1.4 million in work so far.
The parking lot has been demolished. The storm drain is clogged. They will try to snake it. The second floor was poured Friday. The underground electric and underground plumbing are in place. The air handling units are on the site now. The conduit from the electric closet to Sadowski for the electronic sign is a non-issue now. There are no change orders at this time.
They failed an inspection Thursday morning and are correcting that. They had an issue with trusses so the roof is going to be a little behind schedule. The switchgear and the electrical equipment will be installed next week. The pin piles in the administrative area are in and will be grouted next week. The grade beam work is about 75% or 80% done. The administrative slab and the grade beams will be poured all at once before the end of the month. Block work from the second floor to the truss bearing is scheduled for next week. The elevator installation will begin August 2. The window extrusions are in the fabricator shop and will be delivered before the end of June. They've rejected the repair fix the stamped concrete which should be removed and redone. The old ductwork in Marble Hall is coming out so new runs of flex duct new diffusers will go in. It's not a critical path item. The Marble Hall wiring is "kind of a quagmire" As are the air handling units. The power wiring is not up to speed and needs to be replaced at this point in construction. We eliminated from a planter out front that really wasn't tied into the columns and went with a railing which is consistent with the railings all the way around.First Things First:
The meeting started with a tribute to long-time police chief Kris DiGiovanni who has retired after back surgery, spinal fusion. He's doing PT and says it's going to take a while. "You're going to be missed, but you know you always have a home to come back to," Mayor Foster said. They followed that by swearing in acting chief Jamie Buxton as the permanent KCB Chief of Police. She's the first female chief in the Keys. They commended Scott Stanfield for his heroic actions during the water rescue rescue of a large man struggling to stay afloat near the Causeway.Citizens' Correspondence:
Cindy Catto expressed concerns about the tourism grant for the sun shades at the pickleball courts and made suggestions for the Pickleball Management Agreement. Skip Helm commended Commissioner Diehl and Mayor Foster for dumpster placement. Michelle Smoot described negative experiences with vacation rentals and suggested house rules. Lynn Benton recommended dropping restrictions on citizen comments. David Evangelista asked the city to deny the Rec Committee request for a TDC grant for the golf course clubhouse and discussed the unsuccessful solicitation for the basketball court.
Adjacent property owner Dale Bruins, Brian Kornblue, Rich Bernini, Charles Martin, Janet Griffin, and Gabriel Joba all opposed the proposed boat lift at 841 West Ocean Drive.Citizen Comments:
Lynn Benton discussed the boat lift issue: "Before making a decision, I would love to see a document that addresses the different factors that the city evaluated in determining or will determine the decision. From the planning and zoning Committee, I would love to see a document, a single document that identifies the factors that not only that the P&Z committee evaluated, but as well as concerns from citizens."
Carlos Martinez noted that the Castillo del Sol Condominium board chose to remain neutral on the boat lift question in part because it would benefit a landowner who has a handicapped family member... knowing that whatever decision made could affect the condo association adversely in the future.
Betty Howe noted KCB has an extraordinary beach. It's beautiful, it's pristine, it's one of the few natural beaches in the Florida Keys... "Our opposition to this boat lift is simple and profound. Approving a massive .. structure that's bigger than an average living room... as big as a loaded tractor trailer. That's a terrible precedent and an irreversible precedent. If we open this door, our pristine natural beach will be nothing but a memory." She said, it is not the "only option. It is an option of convenience, not necessity."
Linda Coggins asked the Commission to deny the permit, calling a vessel this size on a residential beach dangerous. "It will permanently erode the character of our beach... A large lift is just another projectile for the next storm," she said
Committee and Department Reports:
Acting Fire Chief Shana Rogers reported the July 4th parade will start at 11:00 at the middle school parking lot and go through to Sombrero. "It's going to be a busy day" with fireworks at the end.Consent Items:
The commission unanimously approved the meeting minutes, a warrant for $1,142,362.19, an interlocal agreement for state boating improvement funds, renewal of the lobbyist services contract with Ron Book, and the vacation and sick time payout for Chief DiGiovanni.Action Items:
The commission again took up the a 40,000-pound cradle-style boat lift on W. Ocean Drive with a more than 30 minute discussion.
Mayor Foster said, "I understand the dynamics of it, and I understand the concern, and I also understand it wasn't there before, but it's there now. So, I get all that." They considered, the safety, the legality, and the city's potential exposure if they deny this lift. The city attorney reported that "the courts have been very active in expanding property owners' rights and generally will hold that any town regulations that restrict any land use, the free use of someone's land, is to be construed strictly against that municipality."
Vice mayor Colonell asked, would it be in direct conflict with our current codes and ordinances if they voted against this lift? The city attorney noted it is not in direct conflict "because the statute is the code is so broad and it just simply says it requires approval."
They approved the boat lift 4:1 with Commissioner Harding voting no.Selective decision making: The commission ignored KCBers objections in this property rights issue but have given party status to objections in other "neighborly" property rights cases.The commission unanimously approved the Ocean Drive Water Quality Improvement Project Grant Agreement for $2,277,610. The project is for flooding from the Sunset Park to the Pointe. Commissioner Harding recommended that the city "should put out formal communication. And then we should really have some kind of a two-way conversation that someone presents the prints and shows them what's happening, so they know what's going to impact their traffic and pack their parking lots."
The commission unanimously approved the architecture and engineering services bid from CPH Consulting and the contract with CPH Consulting for the Ocean Drive Water Quality Improvement Project.
The commission unanimously approved the 10% per month fee for a building permit extension for 200 13th Street.
Sec. 6-7(d): "The monthly fee payable in advance for the extension shall be ten (10) per cent of the original building fees including impact fees and sewer connection fees for issuance of the permit"Mayor Foster reported "Dirk recommends that we do not waive those and we continue and follow the process as written... just follow the rules, just follow what it says as far as do that and not waive it. And if you look at what may be coming down the road here, I believe it's probably prudent to go ahead... and assess the fee associated with the extension."
Commissioner Harding said, "When you look at our data from the building department for a new construction, it's very, very rare that anybody meets new construction with 15 months."
They then unanimously approved a one-year permit extension request and set the 10% per month fee for 55 Coral Lane.People Are (still) Asking why the city "followed the rules" but ignored the tolling requirements of the Florida statutes.States of emergency such as those declared for Hurricanes Helene and Milton automatically extend building permits at no additional cost; the current declarations remain in effect through at least July 4. Permit holders may also claim two additional years to work under their building permits beyond that initial period, also at no additional cost. That two years would keep all current KCB building permits open until July 20, 2028, although the builders can close a permit whenever they finish the job.
Mayor Foster took "five minutes to go out and sign a piece of paper for the pickleball shades."
The commission tabled the request for $200,000 TDC Funding for a restroom and the golf course building in order to get a drawing and take the pulse of nearby residents.
The commission discussed the risk for FEMA reimbursement with the contracts for disaster debris removal. There was concern that at the mercy of the County contract would cause problems and that the general guidance out of FEMA is that they frown on piggybacking these contracts. There was no vote.
The commission unanimously approved a one year contract with a one-year extension for city administrator Bartus. The renewal increases the hours worked to 30 per week and the rate of pay by $20,000 per annum.
The commission unanimously approved the FY2026-2027 Budget Calendar with the July 13 meeting by Zoom only from the city hall trailer. Future meetings will be in the mornings at the Key Colony Inn.
The commission unanimously approved having legal update the scope of work for storm drain cleaning services to meet the new wet retention pond permit and to issue an RFP.
The commission discussed the whole concept of pickleball management with Diane Slusher and Monica Greene. After discussion, they unanimously approved the management agreement.
After the unsuccessful solicitation for bids for the basketball half court, Commissioner Harding suggested "We've met our public notice requirement so now can we just go to a contractor we believe will give us a quote and ask for a quote." After discussion of materials and timing, Mayor Foster instructed Mike Guarino to reach out to Affordable for a bid. There was no vote.
The commission unanimously approved moving the upcoming commission and board meetings to the Key Colony Inn.
The commission unanimously approved a CPH invoice for $149,175.75. Commissioner Harding explained watching grant progress with Pedro Falcon billings for city hall and his concern that KCB wouldn't pay out the full amount of the grant by the deadline. CPH offered an interim bill for the amount that spent to date. This is the bill for that plus the pin pile engineering. Harding is "feeling very comfortable that we're going to meet the money of the grant and be able to use all that money of the grant."
Ordinances & Resolutions:
Commissioner DiFransico wondered if there was an easier way to make rate changes. will approve the second and final reading of an amendment to raise the stormwater assessment rates. The commission unanimously approved increasing stormwater billing.Treasurer's Report
Commissioner Harding reported that ad valorem tax revenues are at the 98% of the budget target. City income will switch to rental licenses, fees, and interest. Overall expenses were below the budgeted target but "two areas that we are over is legislative and financial and administration." The city has $519,000 open funds remaining from the grant for city hall hardening. He reiterated that "we need to have bills this month for over $519,000 to fully utilize the grant."
The City Hall loan was received and automatically deposited Wednesday. "A little bit short of $3 million after expenses." KCB is making some interest on that. The interest rate at the closing was 5.08% and the first payment is due July 9 for a 15-year loan.
"We're going to end up just short of $500,000 in sludge hauling, and you can see that we've almost doubled that in the last year, and that's really due to the hauling costs," he said. The commission discussed getting proposals to study sludge compaction. Mayor Foster didn't think it's going to be worth it. "I don't want to make that decision now." They will put it on a future agenda.
Commissioner Harding gave a status summary of the budget starting October first through September of next year. There are no changes to the process with the state but there will be with the city process. He proposed a fee increase for residential wastewater where expenses are exceeding revenue for the second year in a row. The KCB millage rate is due the middle of July. Home property values went up an estimated 3.26%. With no millage change, revenue would come in at 3.26%. The current CPI rate for the Keys is 4.5%. "So I am expecting that we'll have to increase the millage rate."City Attorneys' Report
Jimmie Hicks discussed the allocations of early evacuation workforce units.
Mayor Foster said that "we're not going to do affordable housing here... but there's got to be there are things that that we could use help with from Marathon.." He instructed the city administrator to talk to Marathon about a trade.Commissioners' Reports
Commissioner Harding reported Wastewater updates showed a little bit of COVID and one "very minor report" of RSV, but it's back down to 0. Everything else is 0. Monroe County had one COVID death in May. So I do look at that report weekly, and there is one death that was reported.
He reported that we recently replaced four membranes for about $250,000from a reserve account. Five other membranes are scheduled to be replaced next year. He will order them now with delivery in about October.
Commissioner Harding discussed painting the wastewater buildings and tanks at a cost of $200,000. Mayor Foster said, "let's let's go out for a bid for the steel tank where the rust areas on the outside."Commissioner Diehl and Ted Fischer discussed planning the 70th KCB Day as a memorable, week-long event. Events with the local restaurants, fireworks, a fishing tournament, perhaps a Las Vegas night, a dunking booth for the mayor in the week leading up to Sunday's grand finale. They need more food vendors and many more volunteers.
Commissioner DiFransico had three topics
There have been noise complaints and there's a conundrum. A KCB ordinance people aren't allowed to disturb their neighbors. Other cities have set decibel noise level limits "but I'm not sure that can work for a noisy pool of kids." Commissioner DiFransico asked is there an answer to allow people to have peaceful enjoyment of their homes and still allow the renters to enjoy their swimming pools and noisy entertainment areas?
He noted the commission needs to reach out a bit more to the public to get their input. "One thing I think we should do is encourage people to speak here and not limit them to the agenda items... Let's change our rules to say you can come and talk to the commission for 3 minutes anytime you want to." He suggested reinstating the townhall meetings with a new format. Commissioners would talk about a subject and then open it to all communications.
On the homestead at 680 11th Street, he has been meeting with Bartus and Loreno and then with the homeowner who agreed in principle with working toward a temporary CO, and then do everything he needs to get to a CO.KCB posted a stop work order on this homestead over three years ago, in January, 2023, and work has been stalled ever since. The owner exercised his legal rights. In April, the owner came to the commission to discuss a settlement. Mayor Foster instructed the city administrator and building official to "mediate to the extent that they don't have decision power" and the city attorney to give them "guidance on what they can and can't do." See the city response and apology for a similar prosecution here.Vice-Mayor Colonell reported that the sailfish is with Public Works. He's considering whether to build the diamond with powder coated aluminum or polished stainless steel. Kyle Beckenheimer at CPH has agreed to engineer the foundation work.
Mayor Foster reported that the police union contract is up. I will "be getting involved in that" and doesn't think we will need a labor attorney. "It's just money."
Property taxes are on the ballot. "Marathon thinks that the impact will be negligible. I believe we're in about the same position just based on the amount of homesteads" in KCB.
He listed grants in hand for $2.3 million for storm drains and $200,000 for pavers and the sidewalk on Shelter Bay. In the queue are the $1.5 million block grant, and a $500,000 appropriation that made it through the budget cycle. Monroe has received $20 million to be divided by the municipalities and the aqueduct. "We'll be sitting on three almost $5 million worth of work." So it's a lot to manage.