09/20/2006 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2006/214
Regular Meeting
Board of County Commissioners
Wednesday, September 20,2006
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 AM., at the Marathon Government Center. Present and answering to roll call were
Commissioner George R. Neugent, Commissioner Dixie M. Spehar, Commissioner Mario
DiGennaro and Mayor Charles "Sonny" McCoy. Absent was Commissioner Glenn Patton. Also
present were Danny L Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Robert Shillinger, Chief
Assistant County Attorney; Thomas Willi, County Administrator; County Staff, members of the
press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
PRESENTATION OF AWARDS
A presentation of Mayor's Proclamation observing the week of October 8-14,2006 as
"Fire Prevention Week".
A presentation of Mayor's Proclamation proclaiming the month of October 2006 as
National Down Syndrome Awareness Month.
A presentation of Government Finance Officers Association (GFOA) Distinguished
Budget Presentation Award to Monroe County's Office of Management and Budget.
Presentation of Years of Service Award for 25 years of service to William Wagner, Jr.
Presentation of Employee of the Month Award for the month of July 2006 to Susan
Hover, Executive Assistant, Emergency Services Division.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro
granting approval of the Additions, Corrections, and Deletions to the agenda Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro
granting approval of the following items by unanimous consent:
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Board granted approval and authorized execution of Public Transportation Joint
Participation Agreement No. AO 194 between Monroe County the Florida Department of
Transportation for additional funds for Monroe County Planning Studies for the Key West
International Airport and the Marathon Airport.
Board granted approval and authorized execution of Public Transportation Joint
Participation Agreement No. AO I 05 between Monroe County the Florida Department of
Transportation to fund Transportation Security Administration requirements at the Marathon
Airport .
Board granted approval and authorized execution of Public Transportation Supplemental
Joint Participation Agreement NO.4 to Contract No. ANI03 between Monroe County the Florida
Department of Transportation for additional funds for Security Requirements at the Key West
International Airport.
Board granted approval and authorized execution of a Lease Renewal Agreement between
Monroe County and Florida Keys Mosquito Control District for certain premises at the Florida
Keys Marathon Airport.
Board granted approval to award bid for the purchase of one (I) new 33KW Skid
Mounted Generator from Florida Detroit Diesel-Allison in the total amount of$20,500.00.
Board granted approval to rescind Amendment No. I to Memorandum of Agreement for
$180,000 as approved on January 18, 2006, and authorized execution of Amendment No I to
Locally Funded Joint Participation Agreement between Monroe County and the Florida
Department of Transportation for the amount of$26,697.94 for the project described as
CR5-AIFlagler Avenue in Key West.
Board granted approval of the monthly report on Change Orders reviewed by the Deputy
County Administrator. There were three Change Orders considered for approval by the Deputy
County Administrator for the period beginning August I, 2006, and ending August 31, 2006,
totaling $28,408.56.
Board granted approval and authorized execution of Contract Amendment NO.2 between
Monroe County and William P. Horn, Architect, PA. for professional services for the renovation
of the Big Pine Key Fire Station.
Board granted approval to rescind the August 16, 2006 approval of a Contract for
Professional Services with MB 1/K2M for the planning, design and construction administration of
the new Public Works Facility, and approved a revised Contract which include the names of
personnel and their function in Article VII.
Board granted approval of Affiliation Agreement between Emergency Medical Sciences
Academy, Inc., (EMS Academy) and the Board of County Commissioners of Monroe County,
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Florida for Monroe County Fire Rescue (MCFR) to provide an EMS training environment from
date of approval of Affiliation Agreement through December 31, 2007.
Board granted approval to accept renewal with Volunteer Fire Insurance Service (VFIS)
to provide Portable Equipment and Emergency Apparatus Insurance at a premium of $50,040 to
be paid in four quarterly payments.
Board granted approval of the amended Employee Health Plan Document to become
effective January 1, 2007.
Board granted approval to purchase Specific Excess Workers' Compensation Insurance
from State National Insurance Company for a projected annual premium of$155,000.
Board granted approval to renew with the Hartford Life Insurance for our Group Life and
Accidental Death & Dismemberment policy October 1, 2006 through September 30,2007.
Board granted approval and authorized execution of a Service Agreement between
Monroe County and Preferred Governmental Claims Solutions (PGCS) for third party
administration of the Workers' Compensation Program.
Board granted approval and authorized execution of an Addendum between Monroe
County and the Florida Keys Society for Prevention of Cruelty to Animals (FKSPCA) for a CPI
increase effective July 1, 2006 through June 30,2007.
Board granted approval of CPI increase for Stand Up for Animals (SUF A) effective July
1,2006 through June 30,2007.
Board granted approval of the filing of a grant application and agreement for State Aid to
Libraries from the Florida Department of State, Division of Libraries and Information Services,
and execution of same with the proper County authorities.
Board granted approval of the filing of a grant agreement for the Public Access
Computing Hardware Upgrade Grant, from the Florida Department of State, DLIS, and the Bill
and Melinda Gates Foundation, to upgrade or replace computers received through the original
grant to the Monroe County Public Library in 1999.
Board granted approval and authorized execution of Amendment #001 to the Community
Care for the Elderly (CCE) Contract KC671 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 Services Program).
Board granted approval of the replacement of Exhibit II of all four (4) existing franchise
contracts to reflect Fiscal Year 2007 residential and commercial collection rates.
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Board granted approval and authorized execution of an Agreement for Consulting
Services between Monroe County and Government Service Group, Inc to provide an Online
Assessment Data Management Service, and create the annual Solid Waste Assessment roll.
Board granted approval to purchase one (I) new 80KW Trailer Mounted Generator from
Millenium Products, Inc. in the total amount of$25,995.00.
Board granted approval to purchase one (1) new 200KW Skid Mounted Generator from
Power Pro-Tech Services, Inc. in the total amount of $40,890.00.
Board granted approval to award Public Works surplus equipment as described in the
Recaps of Bid Openings on August 17 and 22,2006 (all 33 items for 8/17/06 and items 5 through
29 for 8/22/06). Said list is incorporated herein by reference
Board granted approval to rescind Board approval for Aqua Waste Repairs to remove five
(5) tanks from the Monroe County Detention Facility on Stock Island and provide approval for
Brandes Design-Build, Inc. to remove subject tanks at no cost to the County.
Board ratified approval of the Contract Amendment between Monroe County and
Synagro Southeast, Inc. for the operation and maintenance of the wastewater treatment plant at
the Roth Building.
Board granted approval to modifY the fee structure for the use of Government meeting
rooms and Channel 76 televising costs.
Board granted approval and authorized execution of a new Interlocal Agreement between
Monroe County and the City of Marathon for the Use of Meeting Room at the Marathon
Government Center and the televising of Marathon City Council Meetings.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Evans Environmental & Geological Science & Management LLC (EE&G) for beach
cleaning, maintenance & beautification of Higgs Beach.
Board granted approval to purchase one (I) new Boom Mounted TreeILimb Cutter and
Tractor from South Florida New Holland Corp., in the total amount of$63,034.00.
Board granted approval of the following various Resolutions for the Transfer of Funds
and Resolutions for the Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. I).
RESOLUTION NO. 343-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 344-2006
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 345-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 346-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 347-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6)
RESOLUTION NO. 348-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No 7).
RESOLUTION NO. 349-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 350-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 351-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 352-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. II).
RESOLUTION NO. 353-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 354-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 355-2006
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 356-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15)
RESOLUTION NO. 357-2006
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 358-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 359-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 360-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19)
RESOLUTION NO. 361-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 362-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 363-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No 22).
RESOLUTION NO. 364-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No 23).
RESOLUTION NO. 365-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 366-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 25).
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RESOLUTION NO. 367-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 368-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 369-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 370-2006
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No 29).
RESOLUTION NO. 371-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 30).
RESOLUTION NO. 372-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 31).
RESOLUTION NO. 373-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 32).
RESOLUTION NO. 374-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 33).
RESOLUTION NO. 375-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 34).
RESOLUTION NO. 376-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 35).
RESOLUTION NO. 377-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 36).
RESOLUTION NO. 378-2006
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Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Addendum No.3 between Monroe
County and Keys Security Inc. for services to the Duck Key Security District.
Board granted authorization for the Mayor to execute the Certificate of Acceptance of
Subgrant Award for the Monroe County Jail Incarceration Program, using funds provided under
the Residential Substance Abuse Treatment Grant, for the period from September I, 2006
through August 31, 2007.
Board granted approval and authorized execution of a Residential Substance Abuse
Treatment Funds Agreement between Monroe County and Care Center for Mental Health for the
Monroe County Jail Incarceration Program, using funds provided under the Residential Substance
Abuse Treatment Grant, for the period from September I, 2006 through August 31, 2007.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Agreement between Monroe
County and Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to
supplement costs of tourist related programs in the amount not to exceed $72,500.
Board granted approval to rescind the Interlocal Agreement between Monroe County and
Islamorada, Village ofIslands for the Fishing Pier Project.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the City of Key West to extend the Agreement for the White Street Pier
Lighting Replacement Project in an amount not to exceed $100,000, DAC I, Capital Project
Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Take Chances at the Helm, Inc. covering the 21st Annual Key
Largo Steeplechase on December 10-11, 2006 in an amount not to exceed $5,000, DAC V, FY
2006 Event Resources.
Board granted approval and authorized execution of an Advertising Agency Agreement
between Monroe County and Tinsley Advertising and Marketing, Inc. to provide advertising
services for the Monroe County TDC and County.
Board granted approval and authorized execution of Amendment #2 to Agreement
between Monroe County and Keys Association of Dive Operators to replace the District III Dive
Umbrella Representative.
Board granted approval of revisions to the Monroe County Tourist Development Council
Operations Manual.
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DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a corrected Inter-Local Agreement
(ILA) between Monroe County and the South Florida Regional Planning Council (SFRPC) for
Working Waterfronts Master Plan, Marina Siting Plan, Comprehensive Plan Amendments and
Land Development Regulations.
Board granted approval and authorized execution of a Contract for Rendering Emergency
Salvage Services of Sailboat "Tapnon" between Monroe County and Coffin Marine Services, Inc.
for the emergency removal and transport of a grounded and abandoned 50 ton steel hulled vessel.
Board granted approval of expenditures of up to $10,000 from Boating Improvement
Funds (BIF) to the City of Key West for buoy maintenance at the Key West Marine Park.
Board granted approval and authorized execution of Amendment (No.1) to Agreement
between Monroe County and URS Corporation Southern, dated January 19, 2005 for provision
oftransportation consulting services under the current contract. This amendment will increase
available amount under the contract from $185,000 to $355,000.
Board adopted the following Resolution adopting the Annual Assessment of Public
Facilities Capacity Reportfor 2006, as submitted by the Monroe County Planning and
Environmental Resources Department.
RESOLUTION NO. 380-2006
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving the Monroe County priority list for
projects eligible for Federal Transportation Enhancement Funds as recommended by the Florida
Department of Transportation Technical Advisory Committee for the Florida Keys (DOT -TACK)
and providing an effective date.
RESOLUTION NO. 381-2006
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Rescission of Amendment to
Agreement for Services for Disaster Response and Recovery between Monroe County and DRC
Emergency Services; and authorized execution of an Agreement between Monroe County and
DRC Emergency Services, LLC. for professional Services to complete removal oflobster traps,
canal debris, and abandoned vessels (marine debris) resulting from Hurricane Wilma and other
maritime debris; and rescinding the temporary amendment passed in July of2006.
Board granted approval and authorized execution of License Number
N62467-06-RP-00244 between Monroe County and the Department of the Navy to provide use
of site as land side operations for removal of derelict vessels and marine debris as a result of
Hurricane Wilma.
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MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution to approve amending the Community
Development Block Grant (CDBG), Contract Agreement; and authorized execution of
Modification #4 to Grant Agreement, between Monroe County and the Department of
Community Affairs, (DCA) Contract Number 03DB-lA-11-54-01-H32 for a reinstatement and
six-month extension to expend grant funding and complete contract agreement requirements.
RESOLUTION NO. 382-2006
Said Resolution is incorporated herein by reference
Board adopted the following Resolution to approve appointments to the Community
Development Block Grant (CDBG) Citizens Advisory Task Force.
RESOLUTION NO. 383-2006
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution adopting Amendment two (2) to Monroe
County's Local Housing Assistance Plan (LHAP) for the State of Florida fiscal years 2004-2005,
2005-2006,2006-2007; and authorizing the submission of The Local Housing Assistance Plan for
review and approval by the Florida Housing Finance Corporation.
RESOLUTION NO. 384-2006
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution of the Board of County Commissioners of
Monroe County, Florida, approving the waiver of certain SHIP rental strategy program
requirements and approving the creation of five additional units.
RESOLUTION NO. 385-2006
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Mayor McCoy's appointment of Douglas B. Wright to the
Tourist Development Council, replacing Michael Ingram, whose term expired August 31, 2006.
Board granted approval of Commissioner Patton's reappointment of Rob Bleser to the
Marine & Port Advisory Committee. Three year term starts September 20, 2006 and ends
September 1, 2009.
Board granted approval of the Board of County Commissioners of Monroe County,
Florida, to reappoint Peter Worthington to the Marine & Port Advisory Committee with, term
expiring April, 2009.
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COUNTY CLERK
Board officially approved the Board of County Commissioners meeting minutes from the
July 13, 19,20, & 24, 2006 meetings.
Board granted approval ofthe following Warrants (101090-101293 & 507744-508908):
General Fund (001), in the amount of $2,090,070.24; Fine & Forfeiture Fund (101), in the
amount of$107,444.53; Road and Bridge Fund (102), in the amount of$I,430,213.64; TDC
District Two Penny (115), in the amount of$381,122.57; TDC Admin. & Promo 2 Cent
(116), in the amount of$384,173.22; TDC District 1,3 Cent (117), in the amount of
$380,738.89; TDC District 2, 3 Cent (118), in the amount of$13 1,45234; TDC District 3, 3
Cent (119), in the amount of$84,941.00; TDC District 4, 3 Cent (120), in the amount of
$155,338.06; TDC District 5, 3 Cent (121), in the amount of$131,140.69; Gov. Fund Type
Grants (125), in the amount of$I,059,565.34; Impact Fees Roadways (130), in the amount of
$85,291.42; Fire & Amb Dist 1 L&M Keys (141), in the amount of$155,84655; Upper Keys
Health Care (144), in the amount of $4,079.48; Fire & Amb Dist 6 Key Largo (146), in the
amount of$50,700.73; Uninc Svc Dist Parks & Rec (147), in the amount of$39,118.79; Plan,
Build, Zoning (148), in the amount of$144,529.76; Municipal Policing (149), in the amount of
$59.09; 911 Enhancement Fee (150), in the amount of $11,700.51; Duck Key Security (152),
in the amount of$3,632.88; Local Housing Assistance (153), in the amount of$285,166.47;
Boating Improvement Fund (157), in the amount of$4,560.00; Misc. Special Revenue Fund
(158), in the amount of$59,599.70; Environmental Restoration (160), in the amount of
$361.56; Marathon Municipal Service (166), in the amount of$14.29; Bay Point Wastewater
MSTU, in the amount of 0.48; Key Largo Wastewater MSTU (170), in the amount of$22.97;
1 Cent Infra Surtax (304), in the amount of$181,723.93; 2003 Revenue Bonds (307), in the
amount of$891,091.13; Card Sound Bridge (401), in the amount of$7,884.87; Marathon
Airport (403), in the amount of$88,20439; Key West IntI. Airport (404), in the amount of
$1,474,71235; KW AlP Series 2006 Bonds (405), in the amount of$225,183.57; MSD Solid
Waste (414), in the amount of$I,675,928.75; Worker's Compensation (501), in the amount of
$12,332.41; Group Insurance Fund (502), in the amount of$164,140.99; Risk Management
Fund (503), in the amount of$48,820.64; Fleet Management Fund (504), in the amount of
$138,872.27; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,020.00.
Board granted approval of Tourist Development Council Expenditures for the month of
August, 2006, as follows: Advertising, in the amount of$I,135,549.65; Visitor Information
Services, in the amount of $69,208.30; Events, in the amount of$108, 184.11; Office Supplies, in
the amount of$33,08 1.19; Public Relations, in the amount of $92,940.49; Sales & Marketing, in
the amount of$108,115.47; Telephone & Utilities, in the amount of$6,617.61; Travel, in the
amount of $6,246. 06.
Board granted approval to advertise surplus equipment for bid and approval to remove
surplus equipment from inventory via disposal and salvage. Said listing is incorporated herein by
reference.
Board granted approval and authorized execution of the Audit Services Contract between
Momoe County and Cherry, Bekaert, & Holland for Monroe County Audit Services.
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COUNTY ADMINISTRATOR
Board granted approval to transfer transportation bus # 1917 to HigherLove Mission
Outreach, Inc.
Board confirmed the County Administrator's appointment of Debbie Barsell to the
position of Community Services Division Director.
COUNTY ATTORNEY
Board adopted the following Resolution amending Resolution No. 240-2006 to provide a
three-year alternative in the dog, cat & ferret license fees.
RESOLUTION NO. 386-2006
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Consent to Assignment between
Monroe County and Robert L. Cayce, Jr. and Matthew C. Schulte for the East Bay of Hangar
One at the Florida Keys Marathon Airport due to a change of ownership.
Board granted approval and authorized execution of a Settlement Agreement in Monroe
Countv v. Dorothv Hough. et at CA K 05-667.
Board granted approval to advertise and hold a Public Hearing to be held November 15,
2006 at 3 :00 p.rn. in Key Largo, Florida to consider the adoption of a Resolution approving the
Proposed Beneficial Use Determination of Special Master John 1. Wolfe In Re: Geneva Sutton,
Beneficial Use Application, pursuant to Sec. 9.5-174(a), Monroe County Code.
Board granted approval and authorized execution of a Contract between Monroe County
and Greenberg Traurig, P.A. to provide legal services on behalf of Monroe County in Florida
Keys Citizens Coalition & Last Stand v. Monroe County and DCA.
Board granted approval and authorized execution of a Contract between Monroe County
and HDR Engineering, Inc. to provide expert witness services on behalf of Monroe County in
Florida Keys Citizens Coalition & Last Stand v. Monroe County and DCA.
Board granted approval of a Lease Agreement previously presented to BOCC with a 380
Agreement and Purchase/Sale Agreement, to confirm the BOCC's intent that the lease be
executed.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed payment to Jerry Coleman, PL., for professional legal services
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regarding Workforce Housing and other Monroe County issues, in the amount of$32,26543.
The following individuals addressed the Board: Kay Thacker, and Bill Loewy, representing
Habitat for Humanity. After discussion, motion was made by Commissioner Spehar and seconded
by Commissioner DiGennaro granting approval of the item Roll call vote was unanimous.
The Board discussed an Interlocal Agreement (ILA) between Monroe County and the
School Board of Monroe County (School Board) to cooperate in support of the Just 4 Kids (J4K)
program operated under a 501(C)(3), the National Heritage Foundation. The following individual
addressed the Board: Sylvia Murphy. Thomas Willi, County Administrator also addressed the
Board. The Board postponed the item to later in the day.
Commissioner Spehar discussed approval of Contract between Monroe County and Key
West HMA d/b/a Lower Keys Medical Center, for Baker Act Services. The Board postponed the
item to later in the day.
Peter Horton, Monroe County Airports Director discussed with the Board the approval to
advertise for bids for the construction ofthe Key West International Airport Passenger Terminal
Project and, the Proposed GMPs submitted by Morganti for the new Key West International
Airport Terminal Building and Renovation Project, and the Florida Keys Marathon Airport
Hurricane Damage Repair work, and discussion of alternatives and how to proceed. Tom Willi,
County Administrator also discussed the matter with the Board. The following individuals
addressed the Board: James Alt, representing Morganti Group; Monty Gettys, representing
Montgomery Consulting Group d/b/a Support Services for Key West & Marathon Airports;
Diane Herberle, representing the Airport Gift Shop; John Richmond, representing the Conch
Flyer, Inc. No official action was taken. The Board held this item in abeyance.
COUNTY ADMINISTRATOR/DIVISION OF GROWTH MANAGEMENT
The Board held a discussion for direction to the Florida Department of Transportation
(FDOT) in regards to the Old 7-Mile Bridge. The following individuals addressed the Board:
Alice Bravo and Linda Johnson, representing the Florida Department of Transportation; and
Marjie Mearns, representing Save the Old Seven Mile Bridge Foundation. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro for
Monroe County to participate with the FDOT on Alternative #2. Roll call vote was unanimous.
The Board discussed a Resolution requesting the Florida Department of Transportation to
make every effort to preserve public access to the waters adjacent to the 18 Mile Stretch. The
following individuals addressed the Board: Rich Jones, Senior Marine Planner; Alice Bravo and
Patti Jones, representing the Florida Department of Transportation. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 387-2006
Said Resolution is incorporated herein by reference.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner George Neugent, Commissioner Dixie Spehar, and
Chairman Kevin M. Madok. Absent was Councilman John Cromartie.
Rob Low, Acting Fire Chief was present on behalf of Fire Chief Clark Martin.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval and authorizing execution of a Renewal Agreement, effective from October 1,
2006 through September 30,2007, between Board of Governors of Fire and Ambulance District
1 of Monroe County and Fire Tech Repair Service, Inc. for maintenance of Fire Rescue vehicles,
including semi-armual inspections, preventative maintenance and unscheduled maintenance
resulting from malfunction or failure. Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval and authorizing execution of a Renewal Agreement between the Board of
Governors of Fire and Ambulance District 1 and Roy Kharma for maintenance of Fire Rescue
vehicles (Ambulances) including inspections, preventative maintenance, and unscheduled
maintenance and repairs resulting from failure or malfunction, which expires on September 30,
2006, on a month-to-month basis pending execution of a new agreement Motion carried
unanimously.
Kevin M. Madok, Chairman announced that he will not seek a 3rd term through the City
of Layton at their October meeting, and that they have plans to appoint two new members.
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The Board of County Commissioners reconvened with all Commissioners present.
COUNTY ATTORNEY
The Board discussed approval of a Resolution setting a date, time and place for a Public
Hearing concerning the proposed abandonment of a portion of First Avenue, Stock Island,
Monroe County, Florida which was previously closed to public access by the BOCC in 1988. The
following individuals addressed the Board: Sylvia Murphy and Danny Hamilton. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 379-2006
Said Resolution is incorporated herein by reference.
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W ASTEW A TER ISSUES
The Board discussed a Resolution of the Key Largo Wastewater Treatment District, Key
Largo, Florida requesting payment by Monroe County of mitigation fees required by county
ordinance in connection with further clearing of the District's central wastewater treatment plant
site. The following individuals addressed the Board: Chuck Fishburn and Thomas Dillon
representing the Key Largo Wastewater Treatment District; Phil Frank, Mark Rosch, Executive
Director of the Monroe County Land Authority; and Tom Willi, County Administrator. No
official action was taken.
The Board discussed an Interlocal Agreement (ILA) between the Board of County
Commissioners and the Florida Keys Aqueduct Authority for the Summerland/Cudjoe/Upper
SugarloafRegional wastewater project. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of
the item. Roll call vote was unanimous
The Board discussed an Interlocal Agreement (ILA) between the Board of County
Commissioners and the Florida Keys Aqueduct Authority for the Conch Key/Duck Key Regional
wastewater project. After discussion, motion was made by Commissioner Neugent and seconded
by Commissioner Spehar granting approval and authorizing execution of the item. Motion carried
unanimously.
SOUNDING BOARD
Kris Duszka addressed the Board concerning no release of 50 permits on Big Pine Key.
Ty Symroski, Growth Management Director also addressed the Board. No official action was
taken.
Adele Gerbracht, representing the Florida Keys Healthy Start Coalition addressed the
Board concerning a request for the BOCC to pass an ordinance which would require bars and
restaurants in the county to post signage about the risks of drinking alcohol for a pregnant
woman. No official action was taken
MISCELLANEOUS BULK APPROVALS
Commissioner Spehar discussed approval of Contract between Monroe County and Key
West HMA d/b/a Lower Keys Medical Center, for Baker Act Services. Chief Assistant County
Attorney, Bob Shillinger and Mr. Willi addressed the Board. Motion was made by Commissioner
Spehar and seconded by Commissioner DiGennaro granting approval and authorizing execution
of the item Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
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Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
appointing Amanda Harden as an "At Large" appointment to the Tourist Development Council
District II Advisory Committee. Motion carried unanimously.
STAFF REPORTS
Communitv Services - Debbie Barsell, Community Services Director discussed the
following items: Her appointment as a member to the South Florida Workforce Investment
Board and as Chair on the Human Services Advisory Board Task Force and the events concerning
evacuation of Special Needs patients to the Florida International University during Tropical Storm
"Ernesto" .
Emplovee Services - Teresa Aguiar, Employee Services Director discussed the following
items: County employment turnover rates; Personnel Policies & Procedures Committee - this
committee recently met for their final meeting, the results are to be presented to the BOCC at
next month's BOCC; Request for Bids concerning the Worker's Compensation Excess Insurance
Carrier & Third Party Administrator - approved earlier today; Final review of the County's Health
Care plan document - approved earlier today; The County's Health Fairs for September/October
were advertised which includes dependent's spouses who don't necessarily work for the County;
Scheduled six (6) Safety Workshops throughout the County which is mandatory for supervisors
to attend; Held elections for the Employee Grievance Council; and Added the recently adopted
County's Mission- Vision-Values to the County's employment applications, which were translated
in Spanish language.
Public Works - Dent Pierce, Public Works Director discussed the following items: Status
of the culvert project in the swimming/tidal pool area at Harry Harris Park; Cleaning contract with
EE&G for Higg's Beach - approved earlier today; and indicated that landscaping improvements
are being made at the Key West Courthouse.
Growth Management - Growth Management Director, Ty Symroski discussed the
following items: The Growth Management Department is in the process of implementing a caring,
professional, fair and equitable department standard; Zoning and aerial maps are being updated
which will be available on the County's website and on disks for purchase by the public; Lease
Agreement negotiations are being pursued for a customer service center to be located in the
Lower Keys (Cudjoe Key); The Marine Resources Department is setting up a new program for
debris cleanup (not vessels) - Kim McGee has been appointed to be a volunteer coordinator for
this program.
Construction Management - Dave Koppel, County Engineer discussed the status of the
following items: Demolition Projects - Big Coppitt Park /Big Pine Key Park have been
completed, the construction of the Big Coppitt Park was awarded to Toppino's, permit is near
completion; A meeting was held by Liz Wood and Staff concerning the status of the Big Coppitt
Key Sewer Project, the design is moving forward; Remaining Stock Island properties are being
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hooked up to sewer; Duck Key Recreational Path Project - a concrete path is being built in the
commercial area and should be complete this week; Big Pine Keys Roads/Bike Paths/Speed
Bumps - are near completion; On 9/25/2006 at 6 P.M., a public meeting will be held at the Big
Pine Key Charter School for road work scheduled for Key Deer Boulevard, (bike path and safety
improvements).
Budget & Finance - Sal Zappulla, Budet & Finance Division Director discussed
anticipated hurricane reimbursement and recovery services; the Federal Roadways denial of
reimbursement; and status of the Purchasing Cards Program.
COUNTY ATTORNEY
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval and authorizing execution of an lnterlocal Agreement between Monroe County
and the Key Largo Fire Rescue and Emergency Medical Services District. Motion carried
unanimously.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro
granting approval of Mayor McCoy's reappointment of Donna Windle to the Monroe County
Planning Board. Roll call vote was unanimous.
Ty Symroski addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner DiGennaro granting approval of Mayor McCoy's item
concerning an extension of the ROGO exemption for the Shark Key lot belonging to Sean and
Amy Kelly. Motion carried unanimously.
The Board discussed a Resolution supporting the relocation of the Florida Keys Wild Bird
Rehabilitation Center to the scarified area around the west end of the quarry pit of the Dove
Creek Exotic Maintenance Project site on US 1. Bruce B. Horn, representing the Florida Keys
Wild Bird Center; Jeanette Hobbs, representing the Audubon of Florida; and Kelly Grinter,
representing the Marathon Wild Bird Center. Chief Assistant County Attorney, Bob Shillinger
addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded
by Commissioner DiGennaro to deny the item. The Board agreed for Monroe County to assist in
finding an appropriate site. Roll call carried unanimously.
Dr. Debra Walker, representing the Monroe County School Board addressed the Board
concerning approval in concept of enhancement of the Key Largo School Cafeteria. The Board
took no official action.
COUNTY CLERK
The Board discussed appointments to the 2006 Value Adjustment Board. After
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discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent
for Mayor McCoy to serve as a full member, Commissioner Spehar to serve as a full member and
Commissioner DiGennaro to serve as an alternate. Motion carried unanimously.
COUNTY ADMINISTRATOR
The Board accepted the County Administrator's written MontWy Activity Report for
August, 2006 dated September 7,2006.
The Board made changes for representation to various entities as a result of the
resignation of Commissioner Rice, as follows:
Motion was made by Mayor McCoy and seconded by Commissioner Neugent to appoint
Commissioner DiGennaro to the Lower & Middle Keys Fire & Ambulance Taxing District Board
of Governors. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
appoint Commissioner DiGennaro to the South Florida Regional Planning Council. Motion
carried unanimously.
Motion was made by Mayor McCoy and seconded by Commissioner Spehar to appoint
Commissioner DiGennaro to the South Florida Water Management District. Motion carried
unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to
appoint Commissioner Neugent to the Marine Sanctuary Water Quality Steering Committee.
Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
appoint Commissioner DiGennaro to the Marathon Ad Hoc Committee. Motion carried
unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
appoint Commissioner DiGennaro to the Marathon Airport Master Plan Advisory Committee.
Motion carried unanimously.
The Board discussed a "380 Agreement" to develop Seahorse Trailer Park in Big Pine and
Rowell's Marina in Key Largo. The following speakers addressed the Board: Rebecca Jetton,
representing Owen Trepanier & Association; Lysa Migliorati, representing Boca Developers;
Jacqueline Touzet, representing Touzet Studio; Kay Thacker, Ron Miller, Carl Cataudella,
representing Boca Developers; Owen Trepanier, representing Boca Developers; Robin Branda,
representing the Florida Department of Community Affairs; Richard Lancaster, representing
Hammer Point Owner's Association; Ed Swift, and Bill Loewy, representing Habitat for
Humanity. The Board took no official action.
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The Board discussed the County Administrator's item for authorization to initiate an
inter-facility ground transport between county hospitals and health care providers. Rob Low,
Acting Fire Chief and Tom Willi, County Administrator addressed the Board After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to
develop a proposed plan alternative to the agenda item. Roll call vote was unanimous.
COUNTY ATTORNEY
The Board accepted the written Litigation Report dated September 15, 2006 from
Suzanne Hutton, County Attorney. Mr. Shillinger also discussed the following matters: Galleon
Bay v. Monroe County v. State of Florida, Case #CA K 02-595. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner DiGennaro authorizing the
County Attorney to file an appeal on Judge Payne's decision of ordering a new trial. Motion
carried unanimously.
Mr. Shillinger discussed litigation in Leon County vs. Hotels.com and other Internet
providers who are not collecting Tourist Development Council bed taxes for counties The Board
authorized the County Attorney to engage with the law firm handling this matter in the Leon
County case. The County Attorney's Office will bring specific details concerning this matter to
the Board's meeting in October.
Mr. Shillinger informed the Board that Suzanne Hutton, County Attorney is doing well
and is expected to be out of the hospital by the weekend.
Mr. Shillinger addressed the Board. After discussion motion was made by Commissioner
Spehar and seconded by Commissioner DiGennaro granting approval and authorizing execution
of an Amendment to the Special Counsel Retainer Agreement between Monroe County and
Seibert Law Firm and Bryant Miller & Olive, P A to change the contract administrator from Mr.
Murray Nelson to Mr. Reggie Paros. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution transmitting to the
Department of Community Affairs the request filed by the Planning and Environmental Resources
Department amending the Year 2010 Comprehensive Plan based on recommendations adopted as
the Stock Island/Key Haven Livable CommuniKeys Plan Volume 1. There was no public input.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 388-2006
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution transmitting to the
Department of Community Affairs the request filed by the Planning and Environmental Resources
Department amending the Year 2010 Comprehensive Plan based on recommendations adopted as
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Volume Two (2) of the Livable CommuniKeys Master Plan for Stock Island and Key Haven titled
Harbor Preservation/Redevelopment and Corridor Enhancement Plan. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 389-2006
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution endorsing the findings of
the Stock Island/Key Haven US-l Corridor Enhancement Plan and directing the appropriate staff
to pursue funding to further analyze the findings or implement the projects proposed in the study.
There was no public input. Motion was made by Commissioner Spehar and seconded by
Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 390-2006
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending the definition
of Accessory Uses or Accessory Structures, and Adjacent Landowner in Section 9.5-4 of the
Monroe County Code; amending Section 9.5-256 Aggregation of Development, to create
conditions for Aggregation of Lands and Section 9.5-349 Shoreline Setbacks, to permit docking
facilities on lands within 500 feet ofland containing the principal structure under certain
conditions and creating an approval process for such requests; providing for severability;
providing for conflict; and providing for an effective date. The Board accepted public input with
the following individuals addressing the Board: Ron Miller, Fred Nickerson & Sal Guiterrez. Ty
Symroski, Growth Management Director addressed the Board. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 036-2006
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance to create a definition for
boat barns under Section 9.5-4, to exempt boat barns from floor area calculations and NROGO
under Section 9.5-124,9.5-124.2, and 9.5-124.3 and amending the setback and buffer yard
requirements for developments which include a boat barn, providing for severability, providing for
conflict, and providing for an effective date. There was no public input. Mr. Symroski addressed
the Board. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Neugent to continue the item to the October 18, 2006 Board meeting in Key West,
since the Planning Commission did not meet and review the proposed text amendment until after
the Agenda Deadline for the September BOCC meeting. Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance amending Section
9. 5-122( c) of the Land Development Regulations providing for fractional ROGO allocations for
small affordable housing units. There was no public input. Motion was made by Commissioner
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Spehar and seconded by Commissioner Neugent to continue the item to the October 18, 2006
Board meeting in Key West. Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance amending Section
9.5-120.4 of the Land Development Regulations relating to dwelling unit transfer authorization
for development not affected by residential ROGO. There was no public input. Motion was
made by Commissioner Spehar and seconded by Commissioner Neugent to continue the item to
the October 18, 2006 Board meeting in Key West. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Mr. Willi addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner DiGennaro to table the Interlocal Agreement between
Monroe County and School Board of Monroe County to cooperate in support of the Just4Kids
program operated under a 501(c)(3), the National Heritage Foundation. Motion carried
unanimously.
BUDGET PUBLIC HEARINGS
Tom Willi, County Administrator discussed with the Board the following Fiscal Year 2007
funding items: Key Largo Pool, in the amount of$225,000; Three (3) bird centers, in the amount
of$36,000 ($12,000 for each); Local Health Unit, in the amount of$147,000; Just For Kids, in
the amount of$65,000; Vandenberg, (304 Fund - FY 2007) in the amount of $2,000,000;
Hickory House Restaurant, (304 Fund - FY 2007) in the amount of$3,750,000.
Mr. Willi announced the Tentative Fiscal Year 2007 Millage rates. The Board discussed
the purchase of the Hickory House Restaurant and the sinking ofthe Vandenberg. Mr. Willi,
Assistant County Attorney, Bob Shillinger; and Danny Kolhage, Clerk of Court addressed the
Board. After discussion, motion was made by Commissoner Neugent to deny the funding for the
purchase of the Hickory House Restaurant. Motion died for lack of a second.
Public input and discussion of the Tentative Fiscal Year 2007 Budget. The following
public speakers addressed the Board: Sylvia Murphy, Ruth Roe, Marianne Ball, representing the
Marathon - Monroe County Health Department; Katie Lyons, Carolyn Daly, Dr. Susana May,
representing the Monroe County Health Department; Cecelia Roycraft, representing the Monroe
County Dive Umbrella; Bob Holston, representing Keys Association of Dive oPerators; Monica
Haskell, representing the Florida Keys Council of the Arts; Lois Giffen, representing the Florida
Keys Council of the Arts; Bill Verge, Joe Weatherby, representing the Vandenberg, Sheri Lohr,
representing the Artificial Reef of the Keys; Richard Grusin, Adriane Kara, representing Lost Reef
Adventures; Michael Ange, Virginia Panico, representing the Key West Chamber of Commerce;
Sheriff Richard D. Roth; Henry Bikofsky; Pam Martin, representing the Upper Keys AARP;
Spencer Slate, representing KAD.O., Alison Schaeffer-Murphy; and Sarah Knott, representing
Pirate Soul Museum & Rum Barrell.
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COUNTY COMMISSION AMENDMENTS TO THE TENTATIVE
FISCAL YEAR 2007 MONROE COUNTY BUDGET
Sal Zappulla, Budget & Finance Division Director disseminated copies of the document
entitled Capital Projects Budget - Fund 304. Motion was made by Commissioner Spehar and
seconded by Commissioner DiGennaro granting approval of the document. Roll call vote was
taken with the following results:
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner DiGennaro Yes
Mayor McCoy Yes
Motion carried.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner George Neugent, Commissioner Dixie Spehar,
Commissioner Mario DiGennaro and Chairman Kevin M. Madok. Absent was Councilman John
Cromartie.
There was no amendments made to the tentative Fiscal Year 2007 Budget for the Fire &
Ambulance District 1 Board of Governors.
Chairman Madok announced the District I amended roll-back millage rate, percent
increase over roll-back and final millage rate.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
adopt the following Resolution adopting the final millage rate for Fiscal Year 2007. Motion
carried unanimously.
RESOLUTION NO. 339-2006
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
adopt the following Resolution adopting the final budget for Fiscal Year 2007. Motion carried
unanimously.
RESOLUTION NO. 340-2006
Said Resolution is incorporated herein by reference
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.
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The Board of County Commissioners reconvened with all Commissioners present.
Mr. Zappulla announced the amended roll-back millages rates, percentage increases over
roll back rates and final millage rates.
Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to
adopt the following Resolution adopting the final millage rate for Fiscal Year 2007. Roll call vote
was taken with the following results:
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner DiGennaro Yes
Mayor McCoy Yes
Motion carried
RESOLUTION NO. 341-2006
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to
adopt the following Resolution adopting the final budget for Fiscal Year 2007. Roll call vote was
taken with the following results:
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner DiGennaro Yes
Mayor McCoy Yes
Motion carried.
RESOLUTION NO. 342-2006
Said Resolution is incorporated herein by reference.
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
~oLJ (], &v)d~
Isabel C. DeSantis, Deputy Clerk