Reversible Error
To the Key Colony Beach City Commission, greetings:
You are abrogating government in the sunshine and violating the Administrative Procedure Act.
Key Colony Beach citizens are endowed with the ability to interact with this Commission in your decision-making processes and to challenge your decisions should you act arbitrarily or capriciously. This letter is to remind you that KCB citizens do challenge these decisions.
Your agenda items, "Discussion/Approval on Recommendations by the Bid Evaluation Committee for the City Hall" and "Discussion/Approval for USPS Lease Agreement" shows your intent to award a contract for plans and bids which you have forbidden citizens from possessing, reading, commenting, or disputing. Your active concealment and other actions have put reversible error into the process.
• The decision to design a new complex was faulty.
Your decision to condemn the existing City Hall and proceed with a new design was based on fraud and on bogus financial projections. Further, you refused to consider suggested alternatives from citizens.
• The selection of the architect and approval of the plans was flawed.
The contractual service exceeded the threshold amount provided for Category Two in Florida Statute sec. 287.017. F.S. 287.057 requires competitive solicitation of bids from architects and engineers for the design. Sec. 2-75 of the KCB ordinances also requires that bids be solicited for contractual service. If the city claims 287.057 does not apply, asking three minor firms to undertake the design still does not follow the intent of F.S. 287.055, the "Consultants' Competitive Negotiation Act." Moreover, the eventual design violates Sec. 101-28 of KCB Land Development Regulations and Sec. 6-3. of KCB ordinances that require "the elevations [and] building materials, [to be] in harmony with the existing and proposed structures in the general area."
• The approved design is unworkable.
Navigating the "upstairs/downstairs" layout is nearly impossible. The community center is mostly inaccessible for food or presentation materials because there are only stairs, no ramp. The only ramp is located far from nearby parking. The overall design violates the spirit of the Americans with Disabilities Act, inviting litigation. The parking lot design itself eliminates directional traffic flow and blocks traffic, particularly when any truck unloads. The post office space as designed will not accommodate all the boxes required for this community no matter what the city claims.
• The financing plan relies on illegal and some imaginary funds.
The "Optimistic Option" of financing needs for the complex shows $6,022,893 in total revenue. It draws on infrastructure cash allocated to other funds. It relies on $400,000 infrastructure cash rolled over from 2022. It relies on an additional $400,000 infrastructure cash rolled over from 2023. All of those funds include illegal building department profits and fines. It includes a $2,283,859.28 state grant neither guaranteed nor in hand. It also counts on a $4,000,000 state grant "not approved at this time."
• Denying access to the plans violates Florida's Sunshine Law.
It is the policy of this state that all municipal records are open for personal inspection and copying by any person. Your refusal to release the plans to the public violated F.S. 119.07. (The Florida Attorney General found that the exemption of 119.071(3)(b) does not prohibit the disclosure of this information; rather, the information is exempt from and not subject to the mandatory inspection requirements of section 119.07(1).) Plans were available to anyone who signed in to DemandStar so the city refusal was petty and punitive. Further, you appear to have "shopped" for an architect friendly with the city administrator without disclosing it.
• Denying access to other city documents likewise violated Florida's Sunshine Law.
Your refusal to release the requested reports of the revenues and expenditures from the years 2017-2023 violated F.S. 119.07.
• The construction bid process was flawed.
The bid documents were incomplete. Potential bidders found errors in the bid documents requiring addendums. City officials continued adding addendums, making changes, and answering questions about scope, through at least June 3 and then refused those bidders the time needed to respond. Some areas still have not been addressed. Sec. 07010 Certification of non-Collusion "Remains Open: by Owner." Plan sheet A14.1, #22, #23 and #24 states for GC to purchase, unload, assemble and install Workstations and Swing gate. There are no specifications or vendor information. "Remains Open: by Owner." Further, you appear to have "shopped" for a contractor friendly with the city administrator without disclosing it. Still unknown is whether either or both the bids actually received includes the cost, permitting, and time required for asbestos abatement in City Hall, the cost of change orders, the cost of clear cutting, raising, landscaping and paving the city hall lot, the cost of exterior lighting for the city hall
lot; the cost of moving into the new complex of buildings, and much more. The city administrator then exhibited bid packages that had been opened prior to the public publication, marking a low point in a process that was disastrous from start to finish.
• The bid review was flawed.
The city's review and approval process required by F.S. 287.057 must be written and published and was not. The city attorney removed citizen reviewer Pete Diez for communications with the bidders but allowed architect Lazaro Cabezon from LIVS to stay on the review team despite communications with the bidders and despite LIVS' intention to project manage the construction, a clear conflict. The city review did not address the disparity in bid amounts (H-O-B Construction bid $8,375,000 with several addenda and Persons Services Corp bid $12,487,948.70). The city review did not address the fact that those bids are two- and three-times higher than the total approved bid for the new and larger Marathon City Hall. The city review did not address the addenda in the H-O-B bid nor did it address the omissions (including those noted in paragraph last) in the bids. The city review did not address that H-O-B will assign only five of its ten employees to this multi-million dollar job. The city review did not address
that H--O-B's gross income last year was $1.47MM; their $8.375MM is almost six times greater than their total revenue. The city review did not address the likelihood that no reputable bonding company will cover their bid. The city review did not address the other errors in the "only responsive bid" including getting the site address wrong, the inclusion of concrete roofing tiles, built up asphalt roofing, thermoplastic membrane roofing, modified Bitumen roofing hot asphalt application, but not the specified standing seam metal roof.
• Denying access to the bids further violated Florida's Sunshine Law.
Your refusal to release the bids to the public violated F.S. 119.071. This commission did not act on the plans within the allowable time frame; F.S. 119.071 holds that sealed bids are exempt only until 30 days after opening the bids. When you finally acquiesced this week, the bids you provided were abridged and heavily redacted. This appears to have been deliberate so citizens would not have time or information needed to respond.
We strongly suggest you table the matter and/or delay your vote to take any action on these bids for 60 days or more for the following reasons:
• Your process introduced reversible error.
• Your financing plan relies on illegal and some imaginary funds.
• You denied KCB citizens the documents needed to protest your selection, violating Government in the Sunshine.
• Citizens were explicitly cut out of the process at the bid review and by the city clerk.
• Choosing from one responsive bid violates the requirement for competitive bidding.
• The overall design violates the spirit of the Americans with Disabilities Act, inviting litigation.
• The design violates KCB ordinances.
• The design violates common sense with navigation issues, accessibility issues, traffic issues, landscape issues, post office space issues, and so much more.
• The overall design destroys the inviting and open city hall park in favor of a cloistered sitting area watched over by city employees from their raised observation posts and tower.
Thank you.
Concerned in KCB
Laurie Swanson and Joe Schmidt, co-chairs
Key Colony Beach, FL
July 20, 2023
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Major Shortcomings
To: cityclerk@keycolonybeach.net
Mayor@KeyColonyBeach.net
BethKCB2022@gmail.com
KCBTomHarding@gmail.com
KCBFFoster@gmail.com
KCBJRaspe@gmail.com
Subject: City Hall Project Contract Award
Silvia Gransee, City Clerk
Please read this letter into the minutes of the July 20, 2023, Commission Meeting—"Fred Swanson asserts that the design of the prooposed city hall is not functional and overly imposing. There is a more cost-effective plan."
My concern: I do not support the currently approved design.
• The community meeting hall is shifted south from the existing location by about forty feet creating a patio area between the new community hall and the canal. While this looks great in the picture with tables, chairs and flower beds, this is not an area where people will want to relax in the sun any time of the year.
• Shifting the meeting hall/admin offices forty feet east and installing a parking lot as the first visual when driving down Sadowski Causeway will not be a pleasant introduction to KCB no matter how nice it looks on the rendering.
• There is no convenient way to move equipment or food into the community center from the Sadowski side parking lot because there are only stairs—no ramp. The ramp is on the other side of the building with no nearby parking.
• The large elevator building is an eyesore and not functional. It is an elevator to nowhere, a silo that is not convenient to anyone, but the 2 handicapped parking spaces and 5 other spaces probably used by city employees. Cooling the 3rd floor will be expensive and wasteful. The view driving down Sadowski Causeway will be that of a Tanger Outlet mall.
• The proposed post office is smaller than the old one and only a few feet higher. The old post office is perfectly functional and was the center of the community. I do not believe the USPS will move out of KCB if it does not have a new building above the flood plain. It is not cost effective. Marathon and Marathon Shores cannot add 1000 boxes. Mail boxes at every house or even at the end of each street would be difficult to service for a mail man. Rent on the boxes alone is more than $150,000. It does not make good business sense to trade a free building for home delivery. Where is the proof that USPS is demanding a new building?
Conclusion: We should consider keeping the existing post office and marble hall and focus on building new offices for the city staff, building department, and police. This could be one, two or three buildings. The old admin/police offices that are now connected to the south side of the marble hall could be demolished, designed and built anew in the same area. This is the way forward with the least disruption and cost. If we want to replace the post office and Marble Hall at a later time, let's start putting the money aside to accomplish that.
Please vote "no"ť to awarding a contract to HOB to build the proposed city hall replacement project. The $4 million difference between the two bids is an alarm bell! Proceeding without caution is foolhardy. Before accepting any bid, new bids for this design are mandatory. In my opinion, a new reduced-scope design is the best way forward.
Fred Swanson
Key Colony Beach, FL
July 18, 2023
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Disappointed by the Bid Review
To: cityclerk@keycolonybeach.net
Mayor@KeyColonyBeach.net
BethKCB2022@gmail.com
KCBTomHarding@gmail.com
KCBFFoster@gmail.com
KCBJRaspe@gmail.com
I was disappointed by the Bid Evaluation Review on June 28 and shocked when city clerk Silvia Gransee invoked the "cone of silence" after the meeting as residents were "catching up" with Terry Justice. People in KCB had gotten to know and respect him when he served as our interim Building Official.
The six-year process that has cloaked our city operations in secrecy, missteps, ineptitude, spin, and suspected fraud disappoints me even more. Your condemnation of our mostly sound city hall, the ill conceived design for your new palace, the amateurish solicitation of bids to build that new palace, opening those bids on the side of the road, and the review of those bids disheartens me further.
You, KCB Commissioners, are about to consider those bids. Dave Turner et al "opened" just two envelopes that were by all appearances unsealed or had already been opened. The review team disqualified the high bid. That left KCB with just one uncontested and very questionable bid with addenda and stipulations that were not addressed during the review. Several people have requested copies of the bids with no response. Contracting either bid under these circumstances is simply unacceptable.
Summing up what we know: you, as our commissioners, are overseeing a broken system filled with deceit, incompetence, and dereliction of duty. We have wasted six years while you, the commissioners, have spent the "rebuild" grants on cars, trailers, lawyers, and an overly ambitious architectural design. You have wasted six years shepherding a city staff who increasingly despises and bullies and punishes residents and employees. And now you are trying to force your overblown shopping mall design on one of the smallest cities in Florida? Why?
It is time for Commissioners Harding, Trefrey, and Vickrey to step down. We want to elect commissioners who are responsive to citizens’ needs and concerns. We want to elect commissioners who know they work for the voters. We want to elect commissioners who return our calls and answer our letters. We want to elect commissioners who don't treat the citizens of KCB as the enemy.
Thank you.
Laurie Swanson, Concerned in KCB
Key Colony Beach, FL
July 12, 2023
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The destruction of beautiful KCB
Dear Officers of the City of Key Colony Beach..........
Until last month I was an active and tax paying KCB citizen for 53 years, and also a year round resident. My husband and I were also members of the Community Association since 1971 and we both held offices in that active organization.
Having been an elected City Commissioner for four years I am fully aware of the problems that arise and what goes on at the meetings and the various personalities that often like to create problems. The last hurricane is long gone, the trailers are still here and the rental cost for them is something the taxpayers are bearing.
Marble Hall was reinforced with new pilings and even today should be in use.....don't rent a restaurant for a short meeting for officers only......ridiculous! Keep Marble Hall with its lovely kitchen and the setup for meetings and parties, etc. Just add on another semi-attached building to house the City Clerk and her staff. An office for the Mayor and Treasurer should be enough (we never had or needed a City Manager) as the other officers are not in need of an office. Building Department could be added also. Just think about conserving, not spending. And for heaven's sake leave the post office alone. It is in great shape. No cracks in the walls there nor are the windows in need of repair.
It would be wise to recall the KCB Commission....they aren't getting the job done and the residents are in an uproar. I wish my beloved City a long and wonderful life. Right now it is a very sad time for those of us that lived there and worked so hard to make it the GEM it has always been.
Pat Joseph-Becker
July 17, 2023
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The Money's Gone but the Borrowing Doesn't Need to Change?
To: Commissioner Tom Harding
You stated in a meeting several months ago with Dave Turner, Roy Virost, and Ron Foster, that if the city hall bid came in over 8 million you would not support the building of the new city hall and at that point would support moving forward with a design for the old city hall.
A recent newspaper article stated "Mr. Harding said at a recent city commission meeting that if an accepted bid for the rebuilding turned out to be more than 8 million, a complete rebuild would likely be out of reach."
On July 6th, you are quoted in the newspaper stating "the city is still in good shape, only needing to borrow about 3.2 million." This is in spite of funds not coming from the state (thought to be 2 million, then reduced to 1 million, then zero), and a minimal low bid of 8.375 million with addendums.
Please explain why the borrowing amount has not changed even though the expected extra funding is no longer there.
Thank you for your time and attention to this matter.
Respectfully,
Constance Foster
Key Colony Beach, FL
July 13, 2023
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None of this Makes Sense
To: Sylvia Gransee city clerk Key Colony Beach
Please make sure this letter goes to
The city of Key Colony Beach:
mayor, city commissioners, and the city administrator.
In just two months it will have been SIX years since hurricane Irma damaged our city. SIX years and we have made no progress regarding our City Hall. Not only have we may no progress on City Hall, we have spent huge sums of money on architects and rental trailers. The failure of any progress on City Hall and nondisclosure of the monies spent/wasted so far is inexcusable.
None of this makes sense!
Now the city commission still refuses to get bids to repair the current building and instead sought bids to build a new city hall. Only 2 bids were received and one was disqualified. Are you seriously considering acting on a bid from one contractor? Would you even consider doing that with your own home since it would be YOUR money that would be spent. How can you justify being so careless with the money of your fellow citizens? In addition to considering taking the only bid there will be many additional cost—-whatt is the estimate of the additional costs?
None of this makes sense!
Doesn't it seem logical to repair the building we have at a fraction of the cost? This is what so many of the homeowners and citizens of the KCB want. It is what many of KCB homeowners did with their own homes after Irma. The remodeled city hall could be up and running in six months.
None of this makes sense!
I do not understand why three members of the city commission are pushing this new building over remodeling the old City Hall. If the reasons are truthful and legitimate, then tell us.
Please start making sense.
Thank you,
Dorothy Eville
Key Colony Beach, FL
July 10, 2023
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Animosity of the City
Dear Commissioners and Administration,
I wish to state my opinion in the on-going decision of building a new city hall and post office. Currently, you only have one real bid for our project. I feel that this is not an acceptable way to move forward. I ask that you reopen the bidding process and solicit more bids. It sounds like there is much confusion with addendums and possible add-ons that could drive the price even higher.
With our city losing state funding, the taxpayer burden of building this structure will even be higher. I would highly favor a vote on whether this should even be built.
Lastly, I want to again drive home the current animosity that exists in the city towards its citizens. Yes, it has been you against us. This attitude is not what I want to see in my city. We can have different opinions, but you must respect us. Remember you work for us.
Sincerely,
Ronald Teke
Key Colony Beach, FL
July 10, 2023
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Six Long Years
KCB Commission
In Sept. it will be 6 yrs since Irma ravaged our tiny island. We, you are still renting trailers for offices that look horrendous to our beautiful island environment. Meanwhile I/we can't have two small boat trailers because how it looks. I wish you would be honest and post the actual monies spent on trailer rentals, Tony the architect, and all things pertaining to this new building. Why the secrecy?
Somewhere 2-3 years ago, at a commission meeting I attended, it was announced that we were up to 1.5 million dollars already spent. Where are we now? I urge you to "stop kicking the can down the road"ť and take bids for a simple remodel. If the building fails, which it will not, we can readdress this issue at that time. This issue is more and more taking on a"you against us"ť feeling that I find extremely unpleasant. After all what brought everyone to KCB is the quaintness and charm of our little island. Why would you risk losing this. There is obviously a growing number of citizens against this projec.
Sincerely,
Paul Eville
Key Colony Beach, FL
July 10, 2023
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We the People You Represent Are Very Concerned
Dear commissioners and administrators,
We taxpayers and the people who you represent, are very concerned about the fact that there is only 1 bid to consider for city hall. We have never heard of even considering one lone bid for a project of this magnitude- without having at least 3-5 competitive very detailed bids. We understood that 2 bidders requested more time and were turned down-why?
We do not feel that we should even proceed with a new city hall unless the price is within reasonable cost constraints, and we should have several competitive bids for comparison. This is just good business sense. We the taxpayers, who will ultimately be footing the bill for your decisions, should certainly be kept in the loop and able to see ALL aspects of these bids.
We also feel that the taxpayers should be able to have some input on the appearance and architecture of the new city hall. You commissioners represent us and should be listening to what we taxpayers are looking for. We feel you should also be looking out for our pocketbooks as well. This construction is not for your personal use and pleasure, but rather for the good of the community in general , and should represent their wishes rather than your own.
Thanks for taking the time to carefully consider our options and the overall expense of this project. I am sure you all realize that the majority of the taxpayers would have much preferred to keep our existing city hall. It would have taken many many years of paying flood ins premiums to make up for what this new building appears to be costing. We hope you will use your best efforts to consider all available alternatives as well as thinking how this will impact our tax bills.
Thanks so much .
John (Jack) and Susan Bartkus
Key Colony Beach, FL
July 13, 2023
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Where's the Money?
TO: Mayor Trefry, Commissioner Ramsey-Vickrey, Commissioner Harding, Commissioner Foster, Commissioner Raspe, KCB city clerk Silvia Gransee
CC: Richard Tamborrino, FL Keys Free Press
After hearing that Governor DeSantis vetoed the expected funds from the state I questioned how the city could afford to build the proposed new city hall. After reading recent newspaper articles however, I have many more additional questions and concerns.
The day after the bids were opened, I requested a copy of the bids but was told, according to state law, the bids could not be made public until 30 days after opening. It has been more than 30 days and after requesting same today, I was told there is an exemption and bids cannot be released if there is any consideration of a re-bid. At the bid review meeting, all three reviewers stated it would be in the best interest of the city to have the project re-bid.
If no one, including some or all of the city commissioners, are allowed to see the bids, how are they to know the specifications of the bid, the addendums, and what items were not included in the bid request? What is included in the low bid from HOB of $8.375 million? What is not included in this bid amount? The citizens of KCB deserve to know what is going on.
The lack of transparency is shameful. It seems a select few are kept up to date on the goings on and the rest of us find out through leaks to the press and/or hearsay, not knowing what is accurate.
WE CITIZENS WANT ANSWERS. I request you, Mayor Trefry, to either make public on the city website or formally present at the commission meeting on July 20th, answers to the following questions:
• What is the itemized complete projected cost for the new city hall, including demo, construction, interior furnishing, paving, landscaping and also including 10% for change orders?
• How does the city propose to fund this amount? How much would have to be borrowed and at what interest rate and has this been secured? What would be the potential increase in taxes or assessments to KCB property owners?
• Recap of KCB finances:
- Cash on hand
- When/how will KCB get grant of 2.3 million from DEP? Is this grant confirmed in writing?
- Where is the 2.2 million in reserves?
- What costs does the city foresee in repaying overcharges for building permits and has this been budgeted?
Thank you for your prompt attention.
Respectfully,
Constance Foster
Key Colony Beach, FL
July 13, 2023
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Time to Resign
To: Patti Trefrey
Subject: Resignations
It is time for you, Tom Harding, Beth Vickery and Dave Turner to resign you are only working for your special interests and not those of the city of Key Colony Beach.
Silvia would you please Make sure all commissioners and Dave Turner get a copy if this.
Also have my objection to this city hall bid read into the commission meeting.
Regards,
Marie Flood
Key Colony Beach, FL
July 14, 2023
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You Must Vote "No"
You must all vote NO on that one feeble bid that will surely push us into the 10 million range when all is said and done. The will of your voters is to RESTORE city hall and NOW is the time to get the architects drawing up plans, although it is 5 years late.
Chum Gette
Key Colony Beach, FL
July 14, 2023
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Who Voted to Have a City Administrator?
To: Sylvia Gransee city clerk Key Colony Beach
Please make sure this letter goes to
The city of Key Colony Beach:
mayor, city commissioners, and the city administrator.
I have owned a place in KCB since 2001 and enjoyed what we called The Gem of The Florida Keys, well that distinction is long gone since the new wave of Big City complexities have attacked our peaceful way of life. I cannot understand who could have voted for the hiring of a City Manager, which was never needed, nor is it necessary.
I have dealt with many different people in various positions in the city since 2001. I do not recall such a backlash towards the residents of KCB, demonstrated by the current administration. In addition, a lack of professionalism has been displayed.
The way I see it, if your primary residence is not in KCB, you should have no say as to what is best for our community, you do not pay any taxes in KCB.
Also, there is no need to spend an exuberant amount of money to build a Big City Hall, when the current one can be updated to meet our needs and comply with local ordinances/codes. There is no need to acquire any debt since we are not getting much or any money? Why? Who knows?
An elected representative at any level Federal, State, or Municipality Etc.: represents the interests of their constituents (people who live in their voting district). Thus, in the case of KCB the constituents are not being heard. No return phone calls, text, USP or email for that matter from various representatives, go figure.
It is time that we find a group of individuals/REPRESENTATIVES that will bring back OUR city of KCB. You commissioners know who we the people of KCB are talking about so do yourself a favor and walk on out. We want a recall to elect those who will support the voices of KCB not their own politicized agenda.
From a business perspective, who has any work or improvements done to their own personal assets/property with only one proposal?? When something smells like a Fish…. We should not allow our money to be spent by others with only one Bid for any type of improvement…… period.
Thank you for your time.
Respectfully,
ORLANDO FERNANDEZ JR
Key Colony Beach, FL
July 18, 2023
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Let Us Vote
Hi All,
I was against this new city hall even with the promise of funds from the state of Florida.
Again, please understand the financial burden proposed here, and realize that for now the repair of our existing building is the responsible path forward…
Let us vote and represent your constituents.
Doug Koos
Key Colony Beach, FL
July 19, 2023
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Time to Take Back Our City
Madam Mayor and Commissioners
Laurie Swanson from 620 9th Street—a permanent resident since 2007 and my family have been owners in KCB since the 1960s.
I don't know where to begin. The revelations in the newspapers and on the website PeopleAreAsking.org are giving me and most other people I know whiplash. We have sunk our time and money as well as blood sweat and tears into making KCB the GEM of the Florida Keys. This is the thanks we get.
• One scandal after another being aired in the Keys Weekly, the Free Press and the Citizen. Thank goodness that they have picked up the stories of the screwed-up ways Key Colony Beach has been governed for the past several years.
• Request after request to the commission goes unfulfilled as they appear to continue to act in secrecy (even from some of your own commissioners) skirting Florida’s Sunshine Laws under the direction of Dirk Smits and Dave Turner.
• A majority of the voters in KCB want you to cease and desist on railroading through the LIVS-designed city hall project without bidding on refurbishing the existing Marble Hall, Post Office, and city government building.
• No one who attended the sham of a bid evaluation meeting on June 5, believes that those bids were thoroughly evaluated or that either of those contractors were examined in enough depth to be granted the job of constructing anything in KCB.
• The city staff is growing like topsy and not in a positive way. The city commission has vacated its responsibilities in favor of allowing unelected officials including the city attorney and city administrator to govern the city.
It is time to take our city back and elect commissioners who represent the will of the citizens of KCB.
Thank you for your time and attention--
Laurie Swanson
Key Colony Beach, FL
July 19, 2023
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KCB Post Office Lease
Silvia,
Please share my question with the Mayor and all the Commissioners prior to tomorrow's meeting.
I am a landlord to the USPS in New York . They have been a long-term tenant of mine and they pay market rate for there square footage they occupy. My question as why KCB is not charging more that $1.00 per year for rent to the USPS for the current facility. What is the proposed rent for the new facility. I have never known of any locations that are not near or at market rates to the USPS. I believe they should be charged rent just the same as all the other locations that they are paying monthly for the square footage they are using. Before any agreements are signed moving forward you need to disclose this information to the public.
I would be happy to put you in touch with the Association Of United States Postal Lessors, to help you renegotiate your feature leases.
Best Regards,
Dean Williamson
Key Colony Beach, FL
July 19, 2023
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