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HomeMy Public PortalAbout2001 Bellsouth Parking Spaces® BELLSOUTH BellSouth Telecooinunications. Inc Fax 904 350 2128 Real Estate 0001 Be ISGJtn Tows 30 West Bay S rse Jactsoiville Florida 32z02 5100 Apri123 2001 Mr Sam Kissinger City Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne FL 33149 Re Parking License — Key Biscayne Dear Mr Kissinger Enclosed for your files is a fully executed copy of our license agreement that will allow you to park fifteen vehicles on BellSouth property Please send me a copy of your Certificate of Insurance per the lease I can be reached at 904 350 3334 Smc y D W Hollmgswort Staff Manager — Corporate Real Estate Enclosure LICENSE AGREEMENT This LICENSE AGREEMENT ("License") is made and entered into this 1!{h day of Ay Y 1 { , 2001, by and between BellSouth Telecommunications, Inc , a Georgia corporation with offices located at 10GG1 BellSouth Tower, 301 West Bay St , Jacksonville, FL 32202 ("Licensor") and Village of Key Biscayne, 85 West McIntire Street, Key Biscayne, FL 33149 ("Licensee") PRELIMINARY STATEMENTS A The Licensor owns land and building with a paved parking lot located at m Key Biscayne, Florida ("Premises") A total of FIFTEEN (15) parking spaces in Licensee's parking lot (the Spaces) are shown on Exhibit "A", attached and by reference herein is hereby made a part of this license, and B Licensee desires to use the Premises for the parking of automobiles, and C The Licensor wishes to allow the Licensee to use the Premises AGREEMENT NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows 1 Licensor does hereby grant to Licensee a license to use, subject to all of the terms and conditions hereof, the Premises Licensor and Licensee expressly acknowledge and agree that this License is not a lease and that there is no landlord/tenant relationship between Licensor and Licensee with respect to the Premises 2 Licensee will use and occupy the Premises solely for the purposes of parking no more than fifteen (15) automobiles m the Spaces 3 This License Agreement shall begin April 1, 2001 at 12 01 AM and shall continue, unless terminated earlier, until midnight December 31, 2002 4 Licensee shall not be obligated to pay to Licensor any Intense fee ("License Fee") throughout the term of this License Agreement 5 Any notices from Licensor to Licensee shall be sent to Mr C Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntire Street Key Biscayne, FL 33149 6 Any notices from Licensee to Licensor shall be sent to BeuSuuth Telelommanilations, Inc Attn Douglas R Gilbert Manager Corporate Real Estate & Services 20075 — 675 West Peachtree Street, NE Atlanta, GA 30375 7 If Licensee, its employees or agents shall inflict any damage to or upon the Premises, Licensee shall promptly pay Licensor the cost for repair and/or restoration of the same at its sole cost and expense 8 In the event that Licensee fails to vacate its use of the Premises upon the expiration, cancellation, or revocation of this License, then Licensee shall be deemed a trespasser and Licensor shall immediately be entitled to remove Licensor and its property from the Premises without legal process 9 This Agreement shall not be deemed to give or grant to Licensee the exclusive use of the Premises at any time nor shall this License be assignable by Licensee m whole or in part 10 Licensor shall not be liable to Licensee if for any reason whatsoever Licensee's use of the Premises hereunder shall be hindered or disturbed 11 Licensee shall exercise its privileges hereunder at its own risk, cost and expense Consequently, to the fullest extend authorized by Section 768 28, Honda Statutes, Licensee agrees it will indemnify and save harmless Licensor from any and all liability, damage, expense, cause of action, suits, claims, judgments and cost of defense arising out of, or m any way connected with, the use of the Premises by Licensee Under no circumstances shall Licensor be liable to Licensee for any reason whatsoever arising out of Licensee's use of the Premises 12 If any action at law or equity is necessary to enforce or interpret the terms of this License Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and expenses m addition to any other relief to which it may be entitled 13 The individuals executing this License on behalf of Licensor and Licensee, respectively warrant and represent that they have the authority to do so 14 Licensee shall, at its own cost and expense, obtain and maintain m full force and effect at all times durmg the term hereof insurance coverage, or self insurance as allowed for municipalities, as specified below, each insurance pohcy shall contain a waiver of subrogation endorsement for loss or damage as required below mcludmg coverage necessary to mdemmfy Licensor pursuant to all such indemnification provisions of this License, and each policy to name Licensor as an "Additional Insured" and to be in such form of policy and issued by such insurers as snau oe satisfactory to Licensor a) Commercial General Liability insurance in an amount not less than $1,000,000 combined single hmit, b) All Risks insurance including, but not limited to, coverage for fire and extended coverage Coverage shall be provided on a full replacement cost basis and the Licensee shall bear any deductible expense associated with any loss The Licensee and the Licensee's insurer(s) hereby waive any claim or right of action which it may have against the Licensor for loss or damage to be covered, c) Worker's Compensation as required by the laws of the State of Florida Said policy shall contain a waiver of subrogation endorsement to the extent Licensor is indemnified by Licensee, d) Licensee shall maintain Employer's Liability insurance with limits of not less that $500 000 per employee any one accident $500,000 per employee by disease and $500,000 policy limit by disease, and e) If the use of vehicles is involved in Licensee's business, then the Licensee shall maintain Comprehensive Vehicle Liability insurance with limits of not less than $1,000,000 combined single limit The Licensee and the Licensee s insurer(s) hereby waive and release any and all claims or right of action or subrogation which they may have against the Licensor for loss or damage incurred by the Licensee or the Licensee's insurer(s) Licensee shall deliver to Licensor certificates of msurance (or certified copies of the required insurance policies, if deemed necessary by Licensor), evidencing the above -required coverages before entering the Premises If Licensee elects to self insure as provided heremabove, it will furnish Licensor with a certificate of self msurance Each insurer under the policies required hereunder shall agree by endorsement on the policy issued by it or independent instrument furnished to Licensor that said insurer(s) will give Licensor not less than thirty (30) days prior written notice before the policy or policies m question shall be altered, canceled or of any material change m the coverages required by this License Should Licensee fad to obtain or maintain m effect the insurance required herein, or fail to pay the premiums therefor, or fail to deliver said policies, certificates or aupucates tnereof to Licensor, Licensee snau maemnify and hold harmless from all loss or damage incurred by Licensor ansrng out of any such failure and Licensor may, at its option, elect to obtain said insurance and pay the requisite premiums therefor, m which event the Licensee shall pa} to Licensor upon demand all sums so expended by Licensor, or Licensor at its option may elect to consider this a default of the License and immediately cancel the term hereof Failure or decision of the Licensor not to exercise either option shall in no way release the Licensee from any of its responsibilities as defined in this License Unless otherwise required by Licensor in writing at any time dunng the term hereof said insurance coverages required to be maintained by the Licensee shall be wntten by insurance companies rated not less than B+ X by A M Best Rating guide Licensee shall not, without Licensor's prior wntten consent, use the Premises in any manner which will increase the insurance premium costs or invalidate any insurance policies earned on the Premises, nor shall Licensee do or cause to be done or permit or keep on the Premises anything which will have a like effect upon any such insurance policies If, because of anything done, caused to be done, permitted or omitted by Licensee or its agents, servants, employees whether or not acting in the scope and course of their employment, licensees, assignees or undertenants, the premium rate for any kind of insurance in effect on the Premises shall be raised, or if Licensor should consent to a use of the Premises by Licensee which shall cause an increase in the premium rate for such insurance, Licensee shall pay Licensor on demand the amount of any such increase in premium If Licensor shall demand that Licensee remedy the condition which caused any such increase in an insurance premium rate, unless Licensor has otherwise consented to the condition in writing, Licensee shall remedy such condition within five (5) days after receipt of such demand All property kept, stored, maintained or permitted within the Premises by Licensee shall be at Licensee's sole nsk. 15 In accordance with the Licensor s policy with respect to contractor relationships it is hereby stipulated by the undersigned representative of the Licensee that to the best of his knowledge and belief, the Licensee has not employed, retained, induced, or directed any person employed by the Licensor to solicit or secure this License Agreement offer understanding, or implication involving any form of remuneration whatsoever The Licensee agrees that m the event of an allegation of substance (the determination of which will be made solely by the Licensor) that this Paragraph has been violated, the Licensee will cooperate m a reasonable manner with the Licensor m establishing whether the allegation is true 16 This License Agreement contains and embodies the entire agreement bets een the parties hereto, and no representations, inducements or agreements, oral or otherwise, between the parties not contained and embodied in this License Agreement shall be of any force and effect, and that this License Agreement may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in wntmg duly signed by Licensor and Licensor 17 Either party may cancel this License for any reason by providing the other party with written notice of said cancellation at least thirty (30) days prior to date of cancellation 18 Licensee agrees to make Exhibit B , attached hereto and made a part of this Agreement by reference herem, a part of this License Said Exhibit defines Licensor's requirements of Licensee regarding non discnmination compliance 19 The Laws of Florida shall govern the interpretation, validity performance and enforcement of this License 20 Licensee represents and warrants to Licensor that Licensee shall indemnify, defend, and hold Licensor harmless from any and all habihty, claims, costs fines, fees, actions, or sanctions asserted by or on behalf of any person or governmental authority arising from or in connection with Licensee s use or misuse, handling or mishandlmg, storage, spillage, discharge, seepage into waterbodies or the groundwater supply, or release into the atmosphere of any hazardous materials, pollutant or contaminant, whether solid, liquid or gas Licensee shall not release hazardous materials, pollutants, and contaminants on the Premises Notwithstanding the foregoing, in the event Licensee learns of any discharge upon the Premises of any hazardous matenal, pollutant or contaminant Licensee shall immediately notify Licensor m writing of same no later than ten (10) days from the date in which Licensee learns of the discharge, and Licensee shall immediately undertake to contain, remove, and abate the discharge Failure of Licensee to comply with the provisions of this paragraph shall constitute an event of default IN WITNESS WHEREOF, Licensor and Licensee have caused this License Agreement to be signed in their names by their duly authonz • , representatives on the day and year first written above Witnesses cr29emtsciAl J 1M Witnesses LICENSOR BELLSOUTH TELECOMMUNICATIONS, INC Lila- Nam glas R Gilbert Title Manager — Corporate Real Estate & Services, as authorized agent NSEE OF KEY BISCAYNE Kissinger Manager STATE OF FLORIDA COUNTY OF MTAAMT-DADS The foregoing instrument was acknowledged before me this 11 day of April 2001 by C Samuel Kissinger whose title is Village Manager of the Village of Key Biscayne, Florida He/she is personally known to me and did/did not take an oa STATE OF GEORGIA COUNTY OF rUJo n ti The foregoing instrument was acknowledged before me this of a y of l 1 , 2001 by Douglas R Gilbert whose title is Manager Corporate Real £state & Services as authorized agent of BellSouth Telecommunications, Inc , a Georgia corporation He is personally known to me and did not take an oath Notary Public GwinnMt County Geor* My Cammtsswn Expires August 29th 2004 Fxhibit A Premises 11 m ISO BISCAYNE SCC 8 WESTWOOD DR M2108 J -t RI,E*IM —4 1 O o a O crit 5 5i6' e PatJ TEL M+QE! -11 R W 0 C Key Biscayne SOC Site Plan DRIV Exhibit B Non Discrimination Compliance Agreement To the extent that this agreement provision is subject to them, Licensee shall comply with the applicable provisions of the following Executive Order No 11246, Executive Order No 11625 Section B of the Small Business Act as amended, Railroad Revitalization and Regulatory Reform Act of 1976, Executive Order No 11701, Executive Order No 11758, Section 503 of the Rehabilitation Act of 1973 as amended by PL93 516, Vietnam Era Veteran's Readjustment Assistance Act of 1974 and the rules, regulations, and relevant Orders of the Secretary of Labor pertaining to Executive Orders and Statutes listed above Monetary amounts or contractual or purchasing relationships including rentals together with the number of the Licensee's employees, determme which Executive Order provisions are applicable For contracts valued at less than $2,500 none of the clauses shall be considered a part of this agreement However, for contracts of or which aggregate to $2,500 or more annually, the following table describes the clauses which are included in this agreement 1 Inclusion of the 'Equal Employment Opportunity' clause in all contracts and orders 2 Certification of non segregated facilities 3 Certification that an Affirmative Action program has been developed and is being followed 4 Certification that an annual Employers Information Report (EEO 1 Standard Form 100) is being followed 5 Inclusion of the Utilization of Mmonty Business Enterprises clause in all contracts and orders 6 Inclusion of the Minority Business Subcontracting Program clause in all contracts and orders 7 Inclusion of the "Listing of Employment Openings" clause in all contracts and orders 8 Inclusion of the Employment of the Handicapped clause in all contracts and orders $2 500 to $5,000 55 000 to $10,000 510,000 to $50,000 8 8 1,2,5,6 7,8 550 000 to $500,000 5500,000 or more 1,2,3x,4* 5 6 1,2,3* 4*,5 7, 8 6 7, 8 * Applies only for business with 50 or more employees i 1 Equal Employment Opportunity Provisions In accordance with Executive Order 11246 dated September 24, 1965 and Part 60 1 of Title 41 of the Code of Federal Regulations (Public Contracts and Property Management, Office of Federal Contract Compliance, Obligation of Contract Compliance Obligations of Contracts and Subcontracts) as may be amended from time to time, the parties incorporate herein by this reference the regulations and contract clauses required by those provisions to be made a part of Government contracts 2 Certification of Non Segregated Facilities The Licensee certifies that it does and will not maintain any facilities it provides for its employees m a segregated manner, or permit its employees to perform their services at any location under its control where segregated facilities are mamtamed and that it will obtain a smaller certification pnor to the award of any nonexempt contract 3 Certification of Affirmative Action Program The Licensee affirms that it has developed and is maintammg an Affirmative Action Plan as required by Part 60-2 of Title 41 of the Code of Federal Regulations 4 Certification of Filing of Employees Information Reports The Licensee agrees to file annually on or before the 31st day of March complete and accurate reports on Standard Form 100 (EEO -1) or such forms as may be promulgated in its place 5 Utilization of Minority Business Enterpnses (a) It is the policy of the Government that minority busmess enterpnses shall have the maximum practicable opportunity to participate in the performance of this agi eement (b) 6 (a) The Licensee agrees to use his best effort to carry out this policy m the award of his contracts to the fullest extent consistent with the efficient performance of this agreement As used in this agreement the term ' minority business enterpnse means a busmess at least 50 percent of which is owned by minority group members For the purposes of this definition, mmonty group members are Women Negroes, Spanish surnamed Amencan persons, American Oriental American Indians Amencan Eskimos, and Amencan Aleuts Licensee may rely on wntten representations by contractors regarding their status as minority business enterprises in lieu of an independent investigation The Licensee agrees to establish and conduct a program which will enable minority business enterpnses (as defined in paragraph 5) to be considered fairly as contractors and suppliers under the contract In this connection, the Licensee shall (1) Designate a liaison officer who will administer the Licensee s mmonty busmess enterpnses program (2) Provide adequate and timely consideration of the potentialities of know minority business enterprises in all make or buy decisions (3) Assure that know minority business enterpnses will have an equitable opportunity to compete for contracts, particularly by arranging solicitations, tune for preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of minority busmess enterprises (4) Maintain records showing (i) procedures which have been adopted to comply with the policies set forth in this clause, including the estabhshment of a source list of minority business enterprises (u) awards to mmonty business enterpnses on the source list, and (m) specific efforts to identify and award contracts to minority business enterprises (5) Include the Utilization of Minority Business Enterprises clause in contracts which offer substantial minority business enterpnses contracting opportunities (6) Cooperate with the Government s Contracting Officer in any studies and survey of the Collection Representative's minority business enterpnses procedures and practices that the Contracting Officer may from time to time conduct (7) Submit periodic reports of subcontracting to know mmonty business enterpnses with respect to the records referred to m subparagraph (4) above in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe 7 List of Employment Openings for Veterans In accordance with Executive Order 11701, dated January 24 1973 and Part 60 250 of Title 41 of the Code of Federal Regulations, as may be amended from time to time, the parties incorporate herein by this reference the regulations and contract clauses required by those provisions to be made a part of Government contracts and subcontracts 8 Employment of the Handicapped In accordance with the Executive Order 11758 dated January 15 1974, and Part 60-741 of Title 41 of the Code of Federal Regulations, as may be amended from time to time, the parties incorporate herein by this reference to be made a part of Government contracts and subcontracts LicKeyBisc DOC RESOLUTION NO 2001 27 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED LICENSE AGREEMENT ON BEHALF OF THE VILLAGE (LICENSEE), WITH BELLSOUTH TELECOMMUNICATIONS, INC (LICENSOR), A GEORGIA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authonzed to execute the attached License Agreement on behalf of the Village with BellSouth Telecommunications Inc a Georgia Corporation Section 2 BellSouth Telecommunications Inc (Licensor) grants the Village of Key Biscayne (Licensee) the use of fifteen (15) parking spaces at the BellSouth Key Biscayne Facility Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 10th day of April 2001 MAYOR JOE I RASCO CONCIATTA H ALVAREZ VILLAGE CLERK APPROVFI) AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS VILLAGE ATTORNEY MINUTES VIII. AGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE FLORIDA TUESDAY APRIL 10 2001 COUNCIL CHAMBER 85 WEST MCINTYRE STREET SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the Mayor at 7 11 p m Present were Councilmembers Scott Bass Martha F Broucek Robert Oldakowski James L Peters Vice Mayor Mortimer Fned and Mayor Joe I Rasco Councilmember Alan 11 Fein was absent Also present were Village Manager C Samuel Kissinger Village Clerk Conchita 11 Alvarez and Village Attorney David M Wolpm At this time Mayor Rasco introduced Kelsey hi Mayor for a day as part of a Key Biscayne Community School program 2 INVOCATION Rabbi Melvin Glazer Congregation Beth David gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Pro Tem Irl led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS Mayor Pro Tem Irl on behalf of the Mayor and Members of the Village Council presented a proclamation to the Village of Key Biscayne Fire Department proclaiming the week of April 1 7 2001 as Key Biscayne Firefighter Appreciation Week Firefighter/Paramedic Manny Devesa Firefighter of the Year and Chairman of the MDA Committee received the Proclamation on behalf of the Fire Department Mayor Pro Tem Irl also addressed the Council and the pubhc regarding the Relay for Life Event 5 PUBLIC COMMENTS The following residents addressed the Council Isabel Gambino 676 Ridgewood Road Vera Skuhersky 205 West Emd Dnve Conchita Suarez 201 Crandon Boulevard Linda Davitian 720 Myrtlewood Lane and Susan Krupmck Key Biscayne 1 of 6 April 10 2001 6 AGENDA Councilmember Peters requested to hear Item 10A8 before Item 9B and the addition of a discussion regarding stop signs at the traffic circles as Item 10A11 and Councilmember Bass requested the addition of a discussion regarding a Department of Environmental Protection Meeting in Tallahassee 7 CONSENT AGENDA The following consent agenda was approved by unanimous consent The minutes of the March 6 2001 Regular Council Meeting and the minutes of the Apnl 3 2001 Special Council Meeting A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED LICENSE AGREEMENT ON BEHALF OF THE VILLAGE (LICENSEE), WITH BELLSOUTH TELECOMMUNICATIONS, INC (LICENSOR), A GEORGIA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE 8 ORDINANCES There no ordinances on first reading considered by Council The Clerk read the following ordinance on second reading by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 21, "PUBLIC RIGHTS OF WAY", OF THE VILLAGE CODE OF ORDINANCES, BY CREATING ARTICLE III, "COMMUNICATIONS RIGHTS OF WAY", ESTABLISHING REGULATIONS FOR THE USE OF PUBLIC RIGHTS OF WAY FOR COMMUNICATIONS FACILITIES, PROVIDING DEFINITIONS, PROVIDING FOR REGISTRATION AND PERMIT PROCEDURES, PROVIDING CONDITIONS FOR PLACEMENT AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN RIGHTS OF WAY, PROVIDING FOR INSURANCE AND INDEMNIFICATION, PROVIDING PENALTIES FOR VIOLATIONS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE VILLAGE CODE, AND PROVIDING FOR AN EFFECTIVE DATE Councilmember Broucek made a motion to adopt the ordinance on second reading The motion was seconded by Vice Mayor Fried. The Mayor opened the public heanng There were no speakers present The Mayor closed the public heanng The ordinance was adopted on second reading by a 5 0 roll call vote The vote was as follows Councilmembers Bass Broucek Oldakowski Vice Mayor Fried and Mayor Rasco voting Yes Councilmember Peters was out of the Chamber at the time the vote was taken 2of6 Apnl 10 2001 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO RETAIN A LIGHTING CONSULTANT TO PREPARE PLANS AND SPECIFICATIONS FOR ILL1UIVIINATING THE ATHLETIC FIELD PORTION OF THE VILLAGE GREEN AND PROCEED TO PUBLIC BIDDING FOR THE PROJECT, PROVIDING FOR AN EFFECTIVE DATE Councilmember Broucek made a motion to approve the resolution The motion was seconded by Mayor Rasco Todd Hofferberth Director of Recreation and Dr Steve Simon President of the Key Biscayne Athletic Club addressed the Council regarding this resolution The following residents addressed the Council Vera Skuhersky 205 West Emd Dnve Gregory Han 685 Curtiswood Dnve Conchita Suarez 201 Crandon Boulevard Karen Futenuck, 325 Pacific Road and Jonathan Ullman 544 Fernwood Road. There was extensive discussion from Council regarding this resolution Mayor Rasco withdrew the resolution It was the consensus of Council to direct staff to look into this issue and report back to Council At this time the Mayor and Members of the Village Council thanked Ms Kelsey Id for being Mayor for a day The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, FINDING THAT THE ACQUISITION OF A PARCEL OF PRIVATE PROPERTY SERVES A PUBLIC PURPOSE AND IS NECESSARY FOR CONSTRUCTION OF THE VILLAGE CIVIC CENTER, AUTHORIZING THE VILLAGE ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS, AUTHORIZING THE VILLAGE ATTORNEY TO RETAIN EXPERT WITNESSES AND CONSULTANTS AND TAKE FURTHER ACTIONS THAT ARE REASONABLY REQUIRED TO ACQUIRE THE PARCEL IDENTIFIED AS PARCEL 1, AND, PROVIDING FOR AN EFFECTIVE DATE Councilmember Oldakowski made a motion to approve the resolution The motion was seconded by Vice Mayor Fned Vice Mayor Fned made a motion to table this resolution to the May 8 2001 Council Meeting The motion was seconded by Councilmember Bass and approved by a 5 0 voice vote The vote was as 3 of 6 April 10 2001 follows Councilmembers Bass Broucek Peters Vice Mayor Fned and Mayor Rasco voting Yes Councilmember Oldakowski was out of the Chamber at the time the vote was taken At this time Item 10A8 was heard Councilmember Peters addressed the Council regarding the Government Center building locations There was extensive discussion from Council regarding the proposed re location of the different buildings composing the Village s Civic Center The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CIVIC CENTER MASTER PLAN, AMENDING THE AGREEMENT WITH ROBERT G CURRIE PARTNERSHIP INC , TO PROVIDE FOR AN ADDITIONAL FEE RELATING TO THE DESIGN OF A SWIMMING POOL, APPROVING THE ATTACHED MASTER PLAN TO SERVE AS THE PROPOSED PLAN TO GUIDE THE DEVELOPMENT OF THE VILLAGE CIVIC CENTER PROJECT, PROVIDING FOR AN EFFECTIVE DATE Councilmember Oldakowski made a motion to approve the resolution The motion was seconded by Vice Mayor Fried Jud Kurlancheek Director of Building Zoning and Planning addressed the Council regarding the proposed amendment The following residents addressed the Council Dr Victona Simons 269 Cranwood Road Michael King 745 Fernwood Road Linda Davit= 720 Myrtlewood Lane Karen Futermck 325 Pacific Road Carol Diaz Castro 240 Hampton Lane Susan Krupmck Key Biscayne Camille Guethmg 260 Seaview Drive Dr Raphael Perez 524 Fernwood Road Conchita Suarez 201 Crandon Boulevard Jonathan Ullman 544 Fernwood Road Gregory Han 685 Curtiswood Dnve and Blanca Mesa 544 Fernwood Road Robert Currie with Robert G Currie Partnership Inc addressed the Council regarding the proposed amended Civic Center Master Plan There was extensive discussion from Council regarding this resolution The resolution was approved by a 4-2 roll call vote The vote was as follows Councilmembers Broucek, Oldakowski Vice Mayor Fned and Mayor Rasco voting Yes Councilmembers Bass and Peters voting No 4of6 Aprtll0 2001 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PROCEED WITH SITE PREPARATION WORK AT THE FIRE STATION AND ADMINISTRATION/POLICE BUILDINGS, PROVIDING FOR AN EFFECTIVE DATE Councilmember Oldakowski made a motion to approve the resolution The motion was seconded by Vice Mayor Fned At this time Councilmember Broucek made a motion to extend the meeting to 11 15 p m The motion was seconded by Vice Mayor Fned and approved by a 4 2 voice vote The vote was as follows Councilmembers Broucek Peters Vice Mayor Fned and Mayor Rasco voting Yes Councilmembers Bass and Oldakowski voting No The following residents addressed the Council Isabel Gambino 576 Ridgewood Road and Blanca Mesa 544 Femwood Road Director Kurlancheek addressed the Council regarding this resolution The resolution was approved by a 5 1 roll call vote The vote was as follows Councilmembers Bass Broucek Oldakowski Vice Mayor Fried and Mayor Rasco voting Yes Councilmember Peters voting No 10 REPORTS AND RECOMMENDATIONS The following items were discussed Village Manager At this time the Manager gave an update report on the beach renounshment project stating that the sand will be pumped starting the week of Apnl 22 2001 The Manager also addressed the raccoon issue stating that the contract is in place however no complaints had been received The Mayor reported he had received some phone call regarding this issue therefore the Manager was directed to contact Pesky Critters to take care of the problem The Manager reported that the Village Green Gazebo/Bandstand will be completed by May 25 2001 Mayor and Councilmembers Councilmember Peters addressed the Council regarding the replacement of the yield signs by stop signs on the traffic circles Chief Flaherty addressed the Council regarding this issue stating that Miami Dade County refuses to make this change Mayor Rasco addressed the Council regarding the twelve month evaluation of the Village Clerk 5of6 April 10 2001 Councilmember Bass made a motion to increase the Clerk s salary to $60 500 effective Apnl 1 2001 The motion was seconded by Councilmember Oldakowski and approved by a 6 0 voice vote The vote was as follows Councilmembers Bass Broucek Oldakowski Peters Vice Mayor Fned and Mayor Rasco voting Yes Councilmember Bass addressed the Council and the public regarding the Calusa Park Tenms Courts Rules and Regulations These rules have been posted now at Calusa Park Councilmember Bass also addressed the Council regarding a meeting in Tallahassee of the Department of Environmental Protection proposing that Mr Richard Pinsky Pinsky Mitchell Partners the Village s Inter Governmental representative attend this meeting Village Attorney The Attorney did not submit a report Village Clerk The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the month of Apnl 2001 proclaiming the week of Apnl 15 22 2001 as Days of Remembrance proclaiming the month of Apnl 2001 as Fair Housing Month and proclaiming the week of May 20 26 2001 as Emergency Medical Services Week. 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 13 ADJOURNMENT The meeting was adjourned at 11 15 p m. Respectfully submitted Conchzta H Alvarez, CMC Village Clerk Approved thzs 24th day of April , 2001 Joe 1 Rasco Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE MAYA VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 6of6