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11/14/2007 Regular 261 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, November 14, 2007 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Key Largo Library. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Sylvia Murphy, Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario DiGennaro. Also present a.t the meeting were Thomas Willi, County Administrator; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. The Board presented Mayor DiGennaro a plaque in appreciation of outstanding dedication and service to the Citizens of Monroe County. Comments were then made by fellow commissioners. Mayor DiGennaro thanked Commissioner Spehar for her assistance during Commission meetings. CALL TO ORDER OF 2008 BOARD OF COUNTY COMMISSIONERS Commissioner Murphy nominated Commissioner Neugent as Mayor. Mayor DiGennaro nominated Commissioner McCoy as Mayor. The Board proceeded to ballot on the selection of the Mayor with the following results: Name DiGennaro McCoy Murphy Neugent Spehar Total McCoy X X X 3 Neugent X X 2 Based on the above results, Commissioner McCoy was selected as Mayor. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy nominating Mayor DiGennaro to serve as Mayor Pro Tern. Roll call vote was unanImous. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Resolution electing Commissioner McCoy as Mayor/Chairperson and Mayor DiGennaro as Mayor Pro Tern. Motion carried unanimously. RESOLUTION NO. 422-2007 262 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to adopt the following Resolution authorizing the Mayor/Chairperson to sign all legal papers on behalf of the County and extending for 60 days the presently authorized signature. RESOLUTION NO. 423-2007 Said Resolution is incorporated herein by reference. ADDITIONS, CORRECTIONS, DELETIONS Commissioner Spehar requested an item be added to today's agenda concerning the approval of a resolution notifying Thomas J. Willi that the County is canceling his employment agreement effective December 14, 2007. County Attorney, Suzanne Hutton informed the Board of the requirement of a super majority vote pursuant to the Board's Administrative Procedures. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval ofthe Agenda, as adjusted to include Commissioner Spehar's item. Roll call vote was taken with the following results: Commissioner DiGennaro No Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar Yes Mayor McCoy No Motion failed pursuant to Momoe County Administrative Procedure, Section 1.03. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval of Additions, Corrections, and Deletions to the Agenda not including Commissioner Spehar's item. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval to complete the application for fully-insured voluntary dental bmefits with Delta Dental effective January 1,2008. Board granted approval to complete the application for fully-insured voluntary vision bmefits with Eye Med Vision Care effective January I, 2008. Board granted approval and authorized execution of an Amendment to Agreement between Momoe County and DRC Emergency Services, LLC for disaster recovery related to Hurricane Wilma. 263 Board granted approval and authorized execution of a Second Amendment to Contract between Monroe County and William P. Horn Architect, P.A. for architect/engineering services for the North Key Largo Fire Station. Board granted approval to waive irregularities and award secondary Disaster Response and Recovery Services Contract to AshBritt, Inc. Board granted approval to apply for and accept the Older American Act (OAA) Grant from the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties). The OAA Grant will help In-Home and Nutrition Services continue to assist the elderly in Monroe County. Board granted approval and authorized execution of Amendment 001 to the Community Care for the Elderly (CCE) Contract KCnl between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners (Social Services/In-Home & Nutrition Services). Board granted approval and authorized execution of Amendment 002 to the Community Care for the Elderly (CCE) Contract KC771 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners (Social Services/In-Home & Nutrition Services). Board granted approval for the County Administrator to sign amendments to the CCE Contract KC771 between the Alliance for Aging, Inc. and the BOCC and, when accepting amendment to increase funding, to obligate 10% match up to a maximum of $25,000 during the course of the period 7/1/07 to 6/30/08. Board granted approval for the County Administrator to sign amendments to the NSIP Contract US851 between the Alliance for Aging, Inc. and the BOCC and, when accepting amendment to increase funding, to obligate 10% match up to a maximum of $25,000 during the course of the period 10/1/07 to 1/31/09. Board granted approval and authorized execution of Amendment 002 to 2006- 2007 Nutrition Services Incentive Program (NSIP - formerly USDA) Rate Agreement, Contract US751 between the Alliance for Aging of Dade and Monroe Counties and the Monroe County Board of County Commissioners (Social Services/Nutrition Program). Board granted approval of a reoccurring expense as required by Florida Statute 409.915. The statute dictates that "although the state is responsible for the full portion of the state share of the matching funds required for the Medicaid program, in order to acquire a certain portion of the funds, the state shall charge the counties for certain items of care and service as provided in the section. (1) Each county shall participate in the following items of cares and service". 264 Board granted approval and authorized execution of a Modification No.3 of Agreement, Increase in Funding, for the Low Income Home Energy Assistance Program Federally Funded Subgrant Agreement No. 07EA-6J-II-54-01-019 between Monroe County Board of County Commissioners and the State of Florida, Department of Community Affairs for the provision of funds to pay electric Bills for low income clients. Board granted approval to terminate the Lease Agreement with Nancy Curran d/b/a Yoga on the Beach concerning use of a platform at Higgs Beach for yoga classes. Board granted approval to modify purchasing policy and authorized execution of an Agreement between Monroe County and Ledford Farms, Inc. and pay outstanding invoices for fifteen (15) fire wells installed in strategic locations throughout unincorporated Monroe County in the amount of $126,000.00. Board adopted the following various Resolutions for the transfer offunds and for the receipt of unanticipated revenue: Transfer of Funds (OMB Schedule Item No. I). RESOLUTION NO. 427-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 428-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 429-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 430-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 364-2007 (OMB Schedule Item No.5). RESOLUTION NO. 431-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 432-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 433-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 287-2007 (OMB Schedule Item No.8). RESOLUTION NO. 434-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 435-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 436-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. II). RESOLUTION NO. 437-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 438-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 439-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 402-2007 (OMB Schedule Item No. 14). RESOLUTION NO. 440-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 441-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 442-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 443-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 444-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 445-2007 Said Resolution is incorporated herein by reference. 265 266 Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 446-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 447-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 448-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 449-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 450-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 451-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 452-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 453-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 454-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 455-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 456-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 457-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 458-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 459-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 460-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 461-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 285-2007 (OMB Schedule Item No. 36). RESOLUTION NO. 453-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 454-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 38). RESOLUTION NO. 455-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 276-2007 (OMB Schedule Item No. 39). RESOLUTION NO. 456-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 40). RESOLUTION NO. 457-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 458-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 459-2007 Said Resolution is incorporated herein by reference. 267 268 Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 460-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 461-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 45). RESOLUTION NO. 462-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 46). RESOLUTION NO. 463-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 47). RESOLUTION NO. 464-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 465-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 49). RESOLUTION NO. 466-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 467-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 468-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 469-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 53). RESOLUTION NO. 470-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 54). RESOLUTION NO. 471-2007 269 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of the First Renewal Agreement between Monroe County and Keys Security, Inc. for an amount not to exceed $60,000 per year at the rate of $16.00 per hour for Security Patrols and Services in the Duck Key Security District. Board granted approval of a Budget Amendment for the Supervisor of Elections to reflect the allocation of county matching funds for the FY 2007 approved budget in accordance with F.S. Chapter 129.201. Board granted approval of a General Fund Transfer for the Sheriff; to transfer funds for FY 2007 between functional distributions in accordance with F. S. Chapter 30.49 (2)(a). Board granted approval to advertise a Public Hearing for a Budget Amendment for Impact Fees Fire & EMS Fund 135 and Impact Fees Police Facilities Fund 134. Board granted approval to advertise a Public Hearing concerning the potential use of the uniform method to collect non-ad valorem assessments to fund Fire Services in the unincorporated area of Monroe County. Board granted approval to establish two new Capital Project Funds. Fund 310 for activity related to the Big Coppitt Key Wastewater Project, and Fund 311 for activity related to the Duck Key Wastewater Project. Board granted approval of the 2008-2018 amended Capital Projects Funding Plan. Board granted approval to advertise a Public Hearing concerning the potential use of the uniform method to collect non-ad valorem assessments to fund Storm water Services in the unincorporated area of Monroe County. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Guidance Clinic of the Middle Keys, replacing Attachment C, which concerns subcontracted Baker/Marchman Act transportation. Board granted approval ofthe recommendation made by the County's Financial Advisor (PFM) Public Financial Management, in the letter dated October 29,2007, to accept the proposal made by US Bank to act as Paying Agent and Registrar on the Monroe County Florida, Infrastructure Sales Surtax Revenue Bonds, Series 2007; and approval ofPFM's recommendation to use Image Master, for the printing of the (P.O.S.) Preliminary Official Statement, and the (O.S.) Official Statement. 270 TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Middle Keys Events Council, Inc. covering the Marathon SBI Offshore Grand Prix on May 15-18, 2008 in an amount not to exceed $75,000, DAC III, FY 2008 Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Green Living & Energy Education, Inc. covering the 3rd Green Living and Energy Education Expo on May 9-11,2008 in an amount not to exceed $18,500 ($18,500: District II allocation = $1,500; District III allocation = $14,000; District IV allocation = $1,500; and District V allocation = $1,500, FY 2008 Event Resources). Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Upper Keys Community Pool, Inc. covering the Orange Bowl Winter Training & Swim Classic between December 15, 2008 and January 18,2009 in an amount not to exceed $35,000, DAC V, FY 2008 Event Resources. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Conch Republic Offshore Powerboat Racing Association covering the Key West World Championship Race on November 2, 2008 through November 9,2008 in an amount not to exceed $70,000, DAC I, FY 2008 Event Resources. Board granted approval and authorized execution of an Amendment (1st Amendment) to Interlocal Agreement between Monroe County and Islamorada Village of Islands to rescind Segment 1 oftheir Agreement for the wading pool at Founders Park in an amount of $24,000. Board granted approval and authorized execution of an Destination Events Agreement between Monroe County and Gay & Lesbian Center of Key West, Inc. covering Pridefest 2008 on June 7-15, 2008 in an amount not to exceed $8,673, DAC I, FY 2008 Event Resources. Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and Key West Players, Inc. to revise Exhibit A of the Waterfront Playhouse Lobby RestorationlRenovation Project. Board granted approval and authorized execution of an Amendment (1st Amendment) to Agreement between Monroe County and Key West Art & Historical Society to revise schedule of events for the production of In Their Own Words: The History of the Key West Lighthouse. 271 Board granted approval to rescind Agreement between Monroe County and Key Largo Chamber of Commerce in an amount not to exceed $25,000 for the Humphrey Bogart Film Festival. Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and Key West Botanical Garden Society, Inc. for the Phase III: Creation ofa Nationally Acclaimed Aviary Eco-Tourism Attraction in an amount of $265,000, DAC I, FY 2008 Capital Resources. Board granted approval and authorized execution of an Amendment (I st Amendment) to Agreement between Monroe County and Islamorada Village ofIslands to revise scope of services and compensation for the Hurricane Monument Renovation Project. Board granted approval and authorized execution of an Agreement between Monroe County and Islamorada Chamber of Commerce, Inc. covering the 17th Annual Florida Keys Island Festival on May 3-4, 2008 in an amount not to exceed $17,500, DAC IV, FY 2008 Event Resources. ENGINEERING Board granted approval of Purchase Service Order No. 07/08-05 between Monroe County and URS for Value Engineering Design Fees at the McCoy Terminal Complex at the Key West International Airport. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of the Second Amendment to Interlocal Agreement to extend through September 30,2010 the Interlocal Agreement entered into September 18, 2002 between Monroe County and the City of Marathon for the County to provide the City contractor licensing and disciplinary services through the Monroe County Contractor Examining Board. Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County and NOAA to facilitate cooperation and coordination for the funding and implementation of emergency response and marine salvage efforts within the Florida Keys National Marine Sanctuary. Board granted approval to waive purchasing policy to allow for payment of outstanding invoices in the amount of $37,243.00 and establish an expenditure cap of an additional $100,000.00 to be used to pay for removal of non-hurricane related derelict vessels until such time as contractors can be qualified to respond in compliance with purchasing policies. Board granted approval and authorized execution of an Agreement to Terminate Agreement #101-555-2565A between Monroe County and Advanced Data Solutions, Inc. 272 and to transfer remaining budgeted funds to Agreement #1 01-555-2493A. No additional funds will be necessary. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval to advertise and hold a Public Hearing to consider approval of an Ordinance amending the Monroe County Code by adding a new Section to Chapter 2, Art. XXVII to be numbered Section 2-633. Teen Court Costs; providing for mandatory assessment of court costs in specific cases and quarterly disbursement by the Clerk to the Monroe County Sheriff s Office specifically for the operation and maintenance of Teen Court as allowed pursuant to Florida Statute 938.19; removing teen court costs from Section 2-632(b )4.; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. COMMISSIONERS ITEMS Board adopted the following Resolution supporting the State, Florida Forever Program and a Successor State Land Conservation Program for the Future. RESOLUTION NO. 472-2007 Said Resolution is incorporated herein by reference. Board adopted the following Resolution supporting the Youth Co-op Program, and urging all agencies to take advantage of the available funding to Monroe County. RESOLUTION NO. 473-2007 Said Resolution is incorporated herein by reference. COUNTY CLERK Board granted official approval of the Board of County Commissioner minutes from the Special Meetings of September 10, 12, 14,21 & 25, 2007 and the Regular Meeting of September 19, 2007 (previously distributed). Board granted approval of the following Tourist Development Council Expenditures for the month of October, 2007: Advertising, in the amount of $136,829.13; Bricks & Mortar/Projects, in the amount of$68,327.20; Visitor Information Services, in the amount of$13,586.74; Events, in the amount of$101,449.22; Office Supplies & Operating Costs, in the amount of $22,296.90; Personal Services, in the amount of $69,913.23; Public Relations, in the amount of$78,512.82; Sales & Marketing, in the amount of$134,324.42; Telephone & Utilities, in the amount of$9,390.17; Travel, in the amount of$17,177.31. Board granted approval ofthe following Warrants (103041-103149 & 521607- 522503): General Fund (001), in the amount of$2,480,137.20; Fine & Forfeiture Fund 273 (101), in the amount of$3,640,540.55; Road and Bridge Fund (102), in the amount of $36,666.44; TDC District Two Penny (115), in the amount of$248,362.01; TDC Admin. & Promo 2 Cent (116), in the amount of$375,200.14; TDC District 1,3 Cent (117), in the amount of$59,568.12; TDC District 2,3 Cent (118), in the amount of $7,330.32; TDC District 3,3 Cent (119), in the amount of$36,463.39; TDC District 4,3 Cent (120), in the amount of$30,343.20; TDC District 5,3 Cent (121), in the amount of $18,089.50; Gov. Fund Type Grants (125), in the amount of$214,265.12; Impact Fees Parks & Rec (131), in the amount of$308,416.00; Impact Fees Fire and EMS (135), in the amount of$37,500.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of $123,494.51; Upper Keys Health Care (144), in the amount of$214.00; Uninc Svc Dist Parks & Rec (147), in the amount of$75,889.73; Plan, Build, Zoning (148), in the amount of$527,290.21; Municipal Policing (149), in the amount of$501,215.27; Duck Key Security (152), in the amount of$3,840.00; Local Housing Assistance (153), in the amount of$87,413.40; Boating Improvement Fund (157), in the amount of$29,087.90; Misc. Special Revenue Fund (158), in the amount of$176,161.54; Environmental Restoration (160), in the amount of$151.77; Law Enforcement Trust (162), in the amount of$21,000.00; Court Facilities Fees-602 (163), in the amount of $472,438.50; Big Coppitt Wastewater MSTU (169), in the amount of$7,294.76; Key Largo Wastewater MSTU (170), in the amount of $243.30; Cudjoe-Sugarloaf MSTU (172), in the amount of$7,294.76; Long Key, Layton MSTU (175), in the amount of $7,294.75; Duck Key MSTU (176), in the amount of$7,294.75; Building Fund (180), in the amount of$969.27; 1 Cent Infra Surtax (304), in the amount of$376,654.81; 2003 Revenue Bonds (307), in the amount of$l, 120,174.07; Card Sound Bridge (401), in the amount of$503,918.34; Marathon Airport (403), in the amount of $66,705.92; Key West Inti. Airport (404), in the amount of$250,056.48; KW AlP Series 2006 Bonds (405), in the amount of$2,993,974.09; MSD Solid Waste (414), in the amount of $1,070,091.05; Worker's Compensation (501), in the amount of $107,060.39; Group Insurance Fund (502), in the amount of$209,784.35; Risk Management Fund (503), in the amount of$184,005.30; Fleet Management Fund (504), in the amount of $189,191.28; Fire&EMS LOSAP Trust Fund (610), in the amount of$510.00. Board granted approval to remove surplus equipment from inventory via disposal and/or advertise for bids (said list is incorporated herein by reference). COUNTY ATTORNEY Board granted approval for payment of fee in the amount of $2,250.00 to Trauner Consulting Services, Inc. for time and travel expenses to attend meeting in Key West, and serve as an expert for the County in construction costs and damages related to the Freeman Justice Building. Board granted approval and authorized execution of the Electric Utility Easement by and between Monroe County, Florida and Florida Keys Electric Co-op. 274 Board granted authorization to institute collection proceedings and/or enter settlement negotiations with Isolina Souto, Code Enforcement Case Nos. CE04070091, CE05010246, CE04060232, and CE04050109. Board granted authorization to institute collection proceedings and/or enter settlement negotiations with Key Deer Enterprises, Inc. in Code Enforcement Case No. CE06050255. Board granted authorization to institute collection proceedings and/or enter settlement negotiations with Arthur Mehr in Code Enforcement Case No. CE06060278 and CE06060280. Board granted authorization to institute collection proceedings and/or enter settlement negotiations with Robin L. Eubanks in Code Enforcement Case No. CE06070026. Board granted authorization to institute collection proceedings and/or enter settlement negotiations with Jose Vigo in Code Enforcement Case CE05100143. Board granted approval and authorized execution of a Settlement Agreement between Monroe County and Irene and Callie Kapiris in Case No. CE060020401. Board granted approval to advertise a Public Hearing to consider approval of an Ordinance deleting Sections 2-267 through 2-269, Monroe County Code, abolishing the Housing Authority. Board granted approval and authorized execution of a Settlement Agreement between Monroe County and Charles D. Rothel! and Timothy S. Langston in Code Enforcement Case CE06050154. Board adopted the following Resolution directing the Supervisor of Elections of Monroe County to place on the January 29,2008 Presidential Preference Primary Election Ballot a referendum question concerning whether the School Board of Monroe County should be authorized to levy a .5 mill ad valorem tax. RESOLUTION NO. 425-2007 Said Resolution is incorporated herein by reference. Motion carried unanimously. COMMISSIONERS' ITEMS Board granted approval of a Proclamation declaring Saturday, November 17, 2007 as National Adoption Day in Monroe County. 275 MISCELLANEOUS BULK APPROVALS The Board discussed the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office, and a list of change order requests submitted by contractors, and rejected by EngineeringlFacilities Development. Dave Koppel, County Engineer discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval ofthe item. Motion carried unanimously. The following individuals addressed the Board concerning rescission ofthe Contract between Monroe County and Paradise Divers, Inc., for the temporary ferry service that was awarded at the August 15,2007 BOCC meeting. The Contract needs to be rescinded and re-issued in order to revise the insurance requirements: Diane Beruldson, and Bill Hauck, representing Hauck Marine. Dave Koppel, County Engineer discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval to rescind the previously approved contract and authorized execution of new Contract between Monroe County and Paradise Divers, Inc. to provide ferry service between the City of Marathon and Pigeon Key. Motion carried unanimously. Diane Beruldson addressed the Board concerning the following two items: Approval of a Professional Services Agreement between Monroe County and Government Services Group (GSG) for specialized assistance in the development of a non-ad valorem funding alternative for the County's fire services through the development of a special assessment program for fire services. Approval to advance up to $1.5 million dollars as needed for cash flow purposes from the General Fund 001 to Governmental Grant Fund 125. Tom Willi, County Administrator; and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval of the two items: (I.) Letter dated October 19, 2007, from Government Services Group, Inc., to the County Administrator concerning the Monroe County - Fire Services Assessment Program Proposal; and (2.) The Advance of up to $1.5 million dollars as needed for cash flow purposes from General Fund 001 to Governmental Grant Fund 125. Motion carried unanimously. The Board discussed the approval of AT&T Order Attachment No. FL07 -D343- 01 to Master Service Agreement No. FL03-F871-00 to extend Dry Fiber line services leases from AT&T until September 30, 2010. Bob Ward, Senior Administrator Network discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval ofthe item. Motion carried unanimously. 276 ENGINEERING The Board discussed the theatrical lights, sound, and rigging for the new Murray E. Nelson Government Center and Cultural Center. The following individual addressed the Board: Pauline Klein, representing the Island of Key Largo Federation of Homeowners Association. The Board took no official action. PUBLIC WORKS The Board discussed Gas Tax Fund 102. Dent Pierce, Public Works Director discussed costs associated and the possibility of raising the tax. The Board took no official action. COMMISSIONERS' ITEMS Commissioner DiGennaro reported to the Board concerning the conference call from October 25, 2007 with the U.S. Department of State regarding President Bush's address on U.S. - Cuba Policy. Diane Beruldson addressed the Board. The Board took no official action. Commissioner Murphy discussed her item to give recognition of the efforts of the fire fighters and support personnel on the three back-to-back house fires on October 18, 2007 in the Upper Keys. COUNTY ADMINISTRATOR The Board was provided with the written Monthly Activity Report, dated October, 2007. The report includes the October Grant Activity. The following individual addressed the Board: Kay Thacker. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar to hold the monthly meeting dates for 2008 on the 3rd week of each month. Motion carried unanimously. The Board discussed the Fiscal Year 2008 Commissioners' Appointments to various duties/appointments. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro approving the appointments and various other appointments/notes. Motion carried unanimously. Said listing is attached hereto for reference. The Board discussed the monthly Workshop meeting dates for calendar year 2008. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval of the 2008 BOCC Workshop Meeting Dates with the January 2,2008 meeting date being changed to January 9,2008. Motion carried unanimously. 277 The Board discussed the nominations for one appointment to the Career Service Council for a two year term - November 14, 2007 to November 1, 2009: Commissioner Murphy nominated David Grego; Commissioner DiGennaro nominated Rudy Krause; and Commissioner Neugent nominated Robert Cintron. The Board proceeded to ballot on the selection ofthe appointment with the following results: Name DiGennaro McCoy Murphy Neugent Spehar Total Cintron X 1 Grego X I Krause X X X 3 Based on the above results, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to appoint Rudy Krause to the Career Service Council. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded Commissioner DiGennaro to table to the December 19,2007 BOCC meeting the approval ofa First Amendment to Air Ambulance Agreement between the Monroe County Board of County Commissioners, the Monroe County Sheriffs Office and Global Sky Aircharter Corporation. Motion carried unanimously. STAFF REPORTS Emergencv Services - Wayne Hinnant, Monroe County Fire Chief discussed the following items: Three recent fires which occurred back-to-backlsystem wide regional delivery of service for fire rescue; Fire Station #8, 13, & 17 bids were opened concerning construction; New equipment - possession of two engines and a ladder truck is forthcoming; New hire status; Data collection for fire assessment information is underway; and provided an update concerning Community emergency response team training; COUNTY ATTORNEY Suzanne Hutton, County Attorney referred the Board to the written County Attorney litigation report. Ms. Hutton discussed a litigation matter wherein the Clerk of Court was The Board authorized the County Attorney to respond on behalf of the Clerk on the matter. The following individual addressed the Board: Diane Beruldson addressed the Board. After discussion, Ms. Hutton requested approval to schedule a closed executive session ofthe Board of County Commissioners in the matter of Salvatore Zappulla v. Monroe County, at the December 19,2007 BOCC meeting in Marathon. Present at the meeting will be the Commissioners, County Administrator Tom Willi, County Attorney 278 Suzanne Hutton, and Chief Assistant County Attorney Bob Shillinger, special litigation counsel Mike Casey and Kevin Vance ofthe law firm Epstein, Becker & Green, P.A., and a certified court reporter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to schedule the session on December 19,2007, Marathon Government Center at 2 p.m. Motion carried unanimously. WASTEWATER ISSUES Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to re-open the agenda to add the approval to advertise a notice of intent for the non-ad valorem assessment program for those properties designated as Tier III in Key Haven, Lower Sugarloafthrough Big Pine Keys, and Long Key. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to close the agenda. Motion carried unanimously. Elizabeth Wood, Sr. Administrator - Sewer Projects, discussed the approval to advertise a notice of intent for the non-ad valorem assessment program for those properties designated as Tier III in Key Haven, Lower Sugarloafthrough Big Pine Keys, and Long Key. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. Motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the following Resolution adopting the Big Coppitt Regional Wastewater Treatment Systems and South Lower Key Regional Wastewater Treatment Plant Facilities Plan. Motion carried unanimously. Elizabeth Wood, Sr. Administrator - Sewer Projects; and Suzanne Hutton, County Attorney discussed the matter. RESOLUTION NO. 426-2007 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval and authorizing execution ofan Amendment to the June 21, 2006 InterIocal Agreement between Monroe County and Florida Keys Aqueduct Authority revising the County funding portion to $35,000,000.00 and immediately appropriating those funds which have been duly approved for the estimated costs of administration, planning and construction of the Big Coppitt Regional Wastewater Project. Motion carried unanimously. Elizabeth Wood, Sr. Administrator - Sewer Projects discussed the matter. Elizabeth Wood, Sr. Administrator - Sewer Projects discussed the Impaired Waters Rule, Requirements, and possible approval of a Resolution authorizing the County Administrator to sign the Stakeholder Agreement committing Monroe County to complete those projects specified in the Middle (Duck Key); Boca Chica (Big Coppitt, Lower Sugarloaf, Sugarloaf - Cudjoe - SummerIand and Big Pine Key); and Lower Keys (Stock Island) Florida Keys Reasonable Assurance Documentation. Scott McClelland, 279 representing Certified Public Management addressed the Board. The Board took no official action. SOUNDING BOARD The following individual addressed the Board: Ron Miller who made a presentation concerning Affordable Housing and associated Legislation and ideas. Bob Shillinger, Chief Assistant County Attorney addressed the Board. The Board took no official action. ENGINEERING Media Relations Group, LLC presented the Florida Department of Transportation's Card Sound Road Project. Representatives from the Florida Department of Transportation were present for the slide presentation - Card Sound Road Intersection Project Development & Environment Study, dated November 14, 2007. Dave Koppel, County Engineer and Tom Willi, County Administrator discussed the matter. COUNTY ATTORNEY Attorney Steve Miller, Monroe County Bond Counsel addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Resolution amending and supplementing Resolution No. 077-2003 adopted by the Board on February 19, 2003; authorizing the acquisition, construction and equipping of various capital improvements within the County; authorizing the issuance of not to exceed $32,000,000 in aggregate principal amount of Monroe County, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2007, in order to finance a portion of the costs of such capital improvements; making certain covenants and agreements in connection with the issuance of such Series 2007 Bonds; authorizing the awarding of said Series 2007 Bonds pursuant to a public bid; delegating certain authority to the Mayor and the County Administrator for the award of the Series 2007 Bonds and the approval of the terms and details of said Series 2007 Bonds; appointing the paying agent and registrar for said Series 2007 Bonds; authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect thereto; establishing a book-entry system of registration for the Series 2007 Bonds; authorizing the execution and delivery of a continuing disclosure certificate; authorizing municipal bond insurance for the bonds; authorizing a reserve account surety bond with respect to the bonds; making certain amendments to Resolution No. 077-2003; and providing an effective date. Motion carried unanimously. RESOLUTION NO. 424-2007 Said Resolution is incorporated here in by reference. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution renouncing and 280 disclaiming any right of the County and the public in and to a portion of St. Croix Place, Tract E Port Largo, a Subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida, as recorded in Plat Book 6, Page 90, of the Public Records of Monroe County, Florida (Key Largo Community Park). There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 474-2007 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following Resolutions. There was no public input: Resolution approving the request for Administrative Relief made by Miguel A. Rodriguez & Miguel G. & Gregoria Rodriguez TIC on property described as Lot 4, Block 4, Pamela Villa Subdivision, Key Largo, RE# 00464290.000000 in the form of one (I) dwelling unit allocation award. RESOLUTION NO. 475-2007 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Bertha & Luis Costa on property described as Lot 4, Block I, Buttonwood Shores Addition Subdivision, Key Largo, RE# 00523050.000000 in the form of one (I) dwelling unit allocation award. RESOLUTION NO. 476-2007 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Bayview Development LLC on property described as Lot 535 & 1/41 Internal Private Road, Port Largo 5th Addition, Key Largo, RE# 00453475.015100 in the form of one (I) dwelling unit allocation award. RESOLUTION NO. 477-2007 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief mad by Jose L. & Rebecca J. Zambrana on property described as Lot 6, Block 3, B1uewater Trailer Village Section 4 Subdivision, Key Largo, RE# 00489136.010600 in the form of one (I) dwelling unit allocation award. RESOLUTION NO. 478-2007 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Reliefmade by James H. & Donnalee E. Layer on property described as Lot 2, Block 4, Twin Lakes Subdivision, Key Largo, RE# 00548470.000000 in the form of one (I) dwelling unit allocation award. 281 RESOLUTION NO. 479-2007 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Jim Lawrence, Jr. on property described as Lot 6, Block 2, Tavernier Ocean Shores Subdivision, Key Largo, RE# 00482780.000000 in the form of one (I) dwelling unit allocation award. RESOLUTION NO. 480-2007 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Angel J. Martin & Isalia Gil-Martin on property described as Lot 10, Twin Lakes 1st Addition Subdivision, Key Largo, RE# 00550850.000000 in the form of one (1) dwelling unit allocation award. RESOLUTION NO. 481-2007 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Belen Babun Presas Trustee (Belen Babun Rev Liv Tr 3/26/03) on property described as Lot 14, Block 14, Key Largo Ocean Shores Addition Subdivision, Key Largo, RE# 00500800.000000 in the form of one (1) dwelling unit allocation award. RESOLUTION NO. 482-2007 Said Resolution is incorporated herein by reference. Roll call vote was unanimous. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to table to the December 19,2007 meeting in Marathon at a time certain of3:00 P.M., the Public Hearing to consider a request for Administrative Relief for Bowen, LLC on Lot 8, Block 14, Bowens Addition to Riviera Village Subdivision, Key Largo, RE# 00513130.000000. Roll call vote was unanimous. COUNTY ATTORNEY Chief Assistant County Attorney, Bob Shillinger discussed a request for Board direction in the matter of Monroe County v. Department of Community Affairs, DOAH 06-2856GM. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy authorizing the County Attorney's Office to file the appropriate paperwork to dismiss the challenge. Roll call vote was unanimous. 282 COURT ADMINISTRATION The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval and authorizing execution of an Agreement for Satellite Tracking Equipment between Monroe County and Satellite Tracking of People, LLC to provide for satellite tracking of criminal offenders who are ordered by the Court to Pre- Trial release. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance adopting amendments to the text of the following Sections ofthe Monroe County Code; amending Section 9.5-4 by adding a definition for. Seasonal Residential Unit (S-2.1), including in the definition of Transient Residential Unit (T-4) Seasonal Residential Unit and adding a definition of Transitional Recreational Vehicle Unit (T-4.1); amending Sec. 9.5-215 by adding the use of Seasonal Residential Unit to the purpose of the R V Land Use District; amending Section 9.5-244 by adding the Seasonal Residential Unit as a Minor Conditional Use in the RV Land Use District; providing general requirements for approval of Seasonal Units within the RV District; providing for codification, severability and repeal of inconsistent provisions; providing for forwarding of this Ordinance to the Department of Community Affairs and the Secretary of State; providing for an effective date. The Board accepted public input with the following individuals addressed the Board: Ron Miller, Diane Beruldson, Kathy Wheeler, Santiago D. Echremen, and Jose Diaz. Andrew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the following Ordinance, with the following revision: Delete Section 3. (b) (2) c. In any redeyelopment pnlpssal reslllting in eall'.ersisn sflw:.fully estaBlisHed RV spaeas ts seasenal residentiallinits, tire CaliRt)' prefers to maintain a miniffillm of ten (10%) perGent as R V spaees sr as apprsyed BY tire Boai'li of COllnt)' Commissisners. Roll call vote was taken with the following results: Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Spehar Yes Mayor McCoy Yes Motion carried. ORDINANCE NO. 042-2007 Said Ordinance is incorporated herein by reference. 283 A Public Hearing was held to consider the Issuance of Certificate or Public Convenience and Necessity (COPCN) to Air Methods Corp., Subsidiary Rocky Mountain Holdings LLC d/b/a LifeNet for the operation of an ALS transport air ambulance service for the period November 14,2007 through November 13,2009 for the following areas(s): Inter-facility and pre-hospital air ambulance services in the territorial limits of Monroe County, Florida. The Board accepted public input with the following individuals addressing the Board: David Zalanka, representing the LA.F.F. Local 3909; Randy Layman, representing Air Methods, LifeNet; Bridget Keating, representing Miami Dade Fire Rescue Air Rescue Division; Rick Hinkle, representing Era-Med LLC/Monroe County EMS; Maria Fernandez, representing Monroe County EMS; and Chief William Wagner, representing Islamorada Fire Rescue. Monroe County Fire Chief Wayne Hinnant and Suzie Markinson, representing the crew of Trauma Star discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the (COPCN) for the period of November 14,2007 and ending on February 12,2008. Roll call was unanimous. A Public Hearing was held to consider adoption of an Ordinance adopting an amendment to the text ofthe Monroe County Land Development Regulations; amending Section 9.5-268 entitled "Existing Residential Dwellings" to consider transient residential units legally established before January 4, 1996 conforming as to density in order to permit replacement, redevelopment and substantial improvements; providing for codification, severability and repeal of inconsistent provisions; providing for forwarding of this Ordinance to the Department of Community Affairs and the Secretary of State; providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Ron Miller, representing the Upper Keys Community Association; and Diane Beruldson. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Mayor McCoy Yes Motion carried. ORDINANCE NO. 043-2007 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request by Ocean Sunrise Associates for a Development Agreement to donate two (2) Market Rate ROGO Exemptions to Monroe County; Donate 0.57 acres ofland to Monroe County for use as open space or a passive park; and Redevelopment on property legally described as amended plat of Mandalay Key Largo PB5-25 Part Track 5A, Mandalay, PBI-194, Key Largo Lots 1-8 & 30-33, Part Square 3 including but not limited to NE 30' 284 ofthe SW 225' and SW'LY 125' X 250" & NW'LY 95' ofNE'LY 100' ofSW'LY 225' & adjacent Bay Bottom having real estate numbers 00554420.000000, 00554670.000000, 00554700.000000,00554730.000000,00554740.000000, & 005549040.000300, located in Monroe County, Florida. The Board accepted public input with the following individuals addressing the Board: Kay Thacker, Fred Nickerson, Ann Nickerson, D. A. Aldridge, Jim Blumenthal, representing Mariner's Club Homeowners Steering Committee; Ron Miller, representing Upper Keys Community Association; Sam Stoia, representing Rock Harbor; Ian Cortina, Diane Beruldson, Alex Pockrus, President Keys Division - Earthmark Company; and Attorney Timothy N. Thomes, representing the applicant. Suzanne Hutton, County Attorney discussed the matter. Mr. Pockrus addressed the Board a second time and offered the County eight (8) Transient Rentals in addition to the two (2) donated Market Rate ROGO exemptions. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar approving the Development Agreement between Monroe County and Ocean Sunrise Associates, LLC for the Mandalay Bay Development (AKA Ocean Sunrise Associates, LLC); the offer made by Mr. Pockrus and accepted by the County for inclusion in the Development Agreement which adds eight (8) Transient Rentals in addition to the two (2) donated Market Rate ROGO exemptions; and adoption of the Resolution. Roll call vote was unanimous. RESOLUTION NO. 483-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Interim Development Ordinance prohibiting the approval of new allocations ofROGO or NROGO for Big Pine Key and No Name Key until such time as a mitigation Ordinance is adopted by the Board of County Commissioners or for six months whichever occurs first; providing for severability; providing for the repeal of all inconsistent provisions; providing for the transmittal ofthis Ordinance to the State Department of Community Affairs; providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Candace Akins, Misty Pace, representing Realty Options of the Florida Keys; Kathryn Wheeler, representing the Big Pine Key Civic Association; and Diane Beruldson. Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the following Ordinance for a period of sixty (60) days. Roll call vote was unanimous. ORDINANCE NO. 044-2007 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Section 9.5-22(h)(2) of the Monroe County Code concerning Planning Commission Meeting locations; providing for severability; providing for the repeal of all inconsistent provisions; providing for inclusion in the Monroe County Code; providing for the transmittal of this Ordinance to the State Department of Community Affairs; providing for an effective date. There was no public input. Motion was made by Commissioner 285 Spehar and seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 045-2007 Said Ordinance is incorporated herein by reference. There being no further business, the meeting ofthe Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex -officio Clerk to the Board of County Commissioners Monroe County, Florida ~a.-L.J (2. 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