Key Biscayne Ballot Issue Would Fund Infrastructure For Rising Seas, So Of Course Somebody's Suing
A new lawsuit takes aim at one of the most hotly contested topics in the Village of Key Biscayne: a bond proposal of up to $100 million to create a steady funding stream for large-scale resilience projects on the low-lying barrier island. The question of whether to approve the proposal is set to go in front of voters on the Nov. 3 general election ballot. The complaint, filed Friday on behalf of resident Gustavo Tellaz by Miami lawyer David Winker in the 11th Judicial Circuit, contends the ballot question violates three rules set by Key Biscayne’s charter, the governing document of the village.
The first issue his lawsuit brings up is the process by which the bond would be approved. Winker notes that per the charter, certain actions must be “effected or authorized” by “ordinance,” including the borrowing of money, which the general obligation bond authorizes. However, the resolution passed to get the proposal on the ballot reads: “if a majority of the votes cast by qualified electors … approves the ballot question ... the Village shall be authorized to issue the Bonds.” Because it’s a resolution and not an ordinance, Winker argues that the bond issue clashes with the charter rules. Winker’s second point argues that because the ballot proposal does not ask voters to check “yes” or “no,” the measure doesn’t comply with a section of the village charter that requires ballot issues pose the question as such.
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The referendum is just one in a series of actions the village has taken in hopes of addressing sea rise as a symptom of climate change. It has declared a climate emergency, had experts analyze its flooding vulnerabilities and suggest solutions, and held community meetings to get public input on residents’ worries and wants. The village hired its first Chief Resilience Officer, Roland Samimy, a coastal systems and water resources scientist with decades of experience in the public and private sector. The proposal has also turned into a political dividing line among residents and in the crowded race of 10 candidates vying for three open seats on the Key’s village council. Those who are against it cite fiscal conservatism, arguing that resilience projects should be approved and funded once “shovel ready,” not decided by future councils using money already set aside.
Armando Chapeli, a businessman running for village council, said Friday that he was not surprised to learn of the lawsuit given the climate around the election. Chapeli is against the bond. “There is a lot of opposition to this idea of pre-authorizing $100M expenditure in the hands of yet-to-be-named council members and yet-to-be-named projects,” he said. “It’s not a wise approach to public finance, in my humble opinion. There are a lot of people very scared.”
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https://www.miamiherald.com/news/local/community/miami-dade/key-biscayne/article246015125.html