Two Key Biscayne ordinances allowing construction trucks to park on neighbors' gravel-covered swales appear headed for deferral after residents objected at the Village Council's Tuesday, Nov. 3 meeting.

The deferral could last roughly a year, according to the Islander News, which first reported the outcome. Councilman Frank Caplan called the gravel-on-swales ordinance "half-baked" and "misguided" and asked for the delay so incoming Mayor Brett Moss could review the issue after the election.

Caplan said Moss has a special interest in community design.

We previously covered the swales proposals on Nov. 6. The Tuesday meeting brought pointed testimony from residents who said the Village was putting contractors ahead of homeowners.

Residents challenge the proposals

Several members of the public spoke during the meeting. Mayor Joe Rasco said he had received emails from a couple of residents favoring "some things and not other things," but the speakers at the meeting all opposed the ordinances.

Betty Sime Conroy, described by the Islander News as one of the pioneers of the Village's incorporation 35 years ago, questioned who the policy would serve. "Our swales are not empty spaces waiting to become a parking lot," Conroy said, according to the Islander News.

Annika Akerlund, who said she chose Key Biscayne as her home 44 years ago, told the council she was deeply upset by the proposal. She said the homeowner having construction done, not the neighbors or the Village, should account for extra parking. Cece Sanchez and Louisa Conway echoed those concerns, with Conway questioning how the proposals fit with the Village's stormwater investments.

Some speakers warned that the weight of trucks parked on gravel would compress the soil and damage swale drainage, even after repairs, according to the Islander News.

Alternatives on the table

Residents and council members proposed several alternatives to swale parking.

Sanchez recommended off-site parking for construction crews with a shuttle running workers to job sites. Councilman Ed London asked Village staff to check with Bill Baggs Cape Florida State Park and other locations about renting spaces for crews, who could then carpool to work sites.

Steve and Diane Simon proposed a "driveway donation program." Under their idea, residents with long driveways that sit empty during business hours could offer temporary parking. A local business partnership would let the homeowner direct a donation to a nonprofit. Diane Simon also said the homeowner having construction done should offer their own driveway first.

How the ordinances got here

The two ordinances grew out of problems with construction vehicles parking on streets and swales across the island. A related temporary construction parking ordinance passed unanimously on first reading at a Village Council meeting in late August, as reported by the Key Biscayne Portal. That measure proposed extending swale parking to adjacent properties, with two vehicles per neighboring property.

A Village business impact estimate posted Oct. 2 described one of the ordinances as allowing homeowners to install gravel in the swale in the public right-of-way. The document cited challenges with parking, aesthetics and poor drainage in Village swales.

Swales are the landscaped strips between private property and the street. They sit in the public right-of-way, but adjacent property owners are responsible for maintaining them, according to the Village's swale maintenance page. The Village began issuing $250 fines for non-compliant swales on June 1, 2026.

No date has been announced for when the council will revisit the ordinances under the incoming mayor.