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05/12/2009 Special/Joint 89 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Joint/Special Meeting Board of County Commissioners Harvey Government Center Tuesday, May 12, 2009 Key West, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 1 :00 P.M., at the Harvey Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner Kim Wigington and Mayor George R. Neugent. Also present were Captain Steven Holmes, Commanding Officer - Naval Air Station Key West; Ron Demes, Executive DirectorlBusiness Manager - Naval Air Station Key West; Keith S. Gibel, Commander - Environmental Council Southeast Region; Fred Pierson, Navy East Coast AICUZ Center of Excellence; Mike Giardino, Commander, Executive Officer ofNAS - Key West. Also present were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS There were no Additions, Corrections, and Deletions made to the Agenda. COUNTY ATTORNEY Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers ratifYing a Memorandum of Understanding Conflict Resolution Facilitation with the Florida Conflict Resolution Consortium for a facilitator between the BOCC and the U.S. Navy concerning noise complaints related to aircraft flying in and out of the Naval Air Station, Boca Chica and authorization for execution by the County Attorney. Motion carried unanimously. Suzanne Hutton, County Attorney Suzanne Hutton, County Attorney requested the scheduling of a Closed Executive Session of the Board of County Commissioners in the matter of Fonticiella Construction Corp. v. Monroe County, Case No. CA K 09-424, during its regular meeting scheduled for May 20, 2009 in Key Largo. Per F.S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. Present at the meeting will be the Commission, County Administrator Roman Gastesi, County Attorney Suzanne Hutton, 90 Chief Assistant County Attorney Bob Shillinger, Assistant County Attorney Natileene Cassel; and a certified court reporter. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to hold the session on May 20, 2009 at 1 :30 P.M. in Key Largo, during its regular meeting scheduled for May 20, 2009 in Key Largo at 1 :30 p.m. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner DiGennaro's item concerning the appointment of Jim Cameron to Planning Commission as the District 4 representative to fulfill the term of John Marston, with a term ending September 1,2009. Suzanne Hutton, County Attorney indicated for the record that the BOCC minutes from the April 15, 2009 Board meeting reflected resolution no. 120-2009 and that the correct number is 120a- 2009. The following individuals addressed the Board: Susan Miller, representing Habitat for Humanity; Beth Ram s ay- Vickrey and Donna Windle. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the appointment. Roll call vote was unanimous. COUNTY ATTORNEY Suzanne Hutton, County Attorney advised the Board that there is already a time certain of 1 :30 p.m. for a closed session on May 20, 2009 at the Key Largo Board meeting. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to amend the motion and hold the Closed Session at 1 :45 p.m. for the matter of Fonticiella Construction Corp. v. Monroe County, Case No. CA K 09- 424. Motion carried unanimously. DISCUSSIONS BETWEEN MONROE COUNTY & NAVAL AIR STATION KEY WEST Today's meeting was facilitated by Rafael Montalvo with the Florida Conflict Resolution Consortium. Mr. Montalvo reviewed the written agenda with the participants. The Board of County Commissioners and representatives from the Naval Air Station Key West discussed operational issues that have generated noise complaints. Public comments were taken from the following individuals: Diane Beruldson, Wally Moore, Jr., representing COFFEE; Basil Cheney representing MID Coalition; Eddie M. Perez, Matthew Tribon, Dan Simpson, Melody Cooper, Kim Villone, Donna Windle, Ron Miller, representing IKLFHA; Joan Drum, Kerry Highsmith, Gilda Niles, Doris Arnold, Bob Jason, David P. Horan, and Diana Flenard. Following the public input, written comments by members of the public were read aloud by the facilitator. The Board and the Navy discussed holding future meetings on operational issues that have generated noise complaints. 91 There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ~~(J.~ Isabel C. DeSantis, Deputy Clerk