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