04/18/2007 Agenda
REVISED AGENDA
As of April 12. 2007
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Any person who wishes to be heard shall provide the Clerk with his or her name and residence
and the agenda item on which he or she wishes to be heard. Such information shall be on a card
provided by the County. Once public input begins, there will be no further speaker cards
allowed to lbe submitted to the Clerk for that subject. An individual has three minutes and a
person representing an organization has five minutes to address the Board (except that
individuals wishing to speak during public hearings pertaining to land use issues will have five
minutes). The first person representing the organization will be allowed the five minutes.
Subsequently, all other speakers on behalf of that organization have three minutes to address the
Board. On(:e an individual has addressed the Board, he or she will not be permitted to return to
the podium for follow-up comments, unless the issue involved is quasi judicial in nature. In that
case, the applicant may return to the podium to conclude his or her position at the end of the
public hearing.
Please note that aU time approximate items are listed in bold.
Wednesday, April 18, 2007
The Harvey Government Center
at Historic Truman School
1200 Truman Avenue
Key West, Horida
9:00A.M. - Regular Meeting
10:00 A.M .- Land Authority Governing Board
3:00 P.M.- Public Hearings
5:01 P.M.- Public Hearings
TIME APPROXIMATE
REGULAR MEETING
9:00 A.M.
CALL TO ORDER
INVOCATION
SALUTE TO FLAG
A. ADDITIONS, CORRECTIONS, DELETIONS
1
B.'PRESENTATIONOF AWARDS
I. Proc1amation declaring Week of June 29 - July 5, 2007 as National
Clean Beaches Week. VIEW
Proclamation declaring Week of April 22-28, 2007 as National
Crime Victims' Rights Week. VIEW
Proclamation declaring Tuesday, May I, 2007 as Law Day USA.
VIEW
Proclamation declaring April 2007 as Water Conservation Month.
VIEW
Proclamation declaring April 24, 2007 as Equal Pay Day. VIEW
Proclamation declaring April 2007 as Fair Housing Month VIEW
Presentation of the 2006 Employee of the Year A ward to Beth Leto,
Assistant Director, Public Works Division. VIEW
Presentation of Employee of the Month award for February 2007,
to Norma Edwards, Personal Care Provider, In-Home Services
Program, Social Services Department, Community Services
Division. VIEW
9. Proclamation declaring May 10, 2007 as World Lupus Day. VIEW
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BgLK APPROVALS - MAYOR DI GENNARO
r--Y Approval of a Joint Participation Agreement with the Florida
Department of Transportation for 100"10 funding for Security
Requirements at the Key West International Airport. VIEW
Approval of Purchase Service Order with URS, for General
Consulting Services for the Key West International Airport, and
the Florida Keys Marathon Airport. VIEW
. nd execute a contract with Kleen Master,
Inc. to provide Janitorial Services at atho
Airport, in the amount of$25,500.00 per year. VIEW
Approval of Lease Agreement with General Services
Administration for Transportation Security Administration
baggage screening personnel to utilize office space at Florida Keys
Marathon Airport, effective May 1,2007. VIEW
Approval of Cooperative Agreement with National Weather
Service for Aviation Weather Observations. VIEW
Approval of various resolutions for the transfer of funds and
~. _ /resolutions for the receipt of unanticipated revenue. VIEW
t.. V Approval to amend The Fiscal Year 2007 Capital Plan funding
Ii" allocations for One Cent Infrastructure Sales Tax (Fund 304) and
\1 :/iprova! of a resolution for the transfer of funds within said plan.
VIEW DELETE
. Approval of a Resolution authorizing the Mayor to execute an
EMS County Grant Application and related Request for Grant
Fund Distribution to the State of Florida Department of Health,
Bureau of Emergency Medical Services. VIEW
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B{JI&( APPROVALS - CONTINUED
a/ Approval of a Memorandum of Understanding between Monroe
County and Marathon HMA, Inc., D/B/A Fisherman's Hospital
to reimburse the Hospital up to $1,500.00 for the actual cost of
their off-duty employees' services. These services were provided
during a disaster drill held at the Marathon Airport on February 8th,
~2007. VIEVV
yY. Approval of an Application for Funding Assistance reference
#2oo7-LETP-112 with the Florida Department of Law
Enforcement (FDLE) concerning a Law Enforcement Terrorism
Prevention Program Grant in the amount of $100,000.00; and
authorization for the County Administrator to execute any other
required documentation in relation to the application process.
/VIEVV
t.Y.' Approval to award bid and waive technicalities to Humane Animal
Care Coalition, Inc. and approval of Contract between Humane
Animal Care Coalition, Inc. and Monroe County Board of County
Commissioners to operate the Key Largo Animal Control Shelter
/in the amount of $264,761. VIEVV
12':'" Approval for the Florida Keys Council for People with Disabilities
to hold a Conference/Seminar on "Serving people who are Deaf or
Hard of Hearing - Issues and Answers for the Florida Keys", May
21, 2007, 8:30 AM - 5:00 PM, at the Harvey Government Center,
authorization to spend up to $15,000 to be paid from Disabled
Parking Fines, and authorization for the entire Conference/Seminar
to be video taped for future showing on Monroe County Channel
/,,6. VIEVV
W Approval of a Resolution by the Board of County Commissioners
to request that the City of Marathon either commit to the joint
project of building a combined Marathon City Hall and a Marathon
Branch of the Monroe County Library, as previously agreed to, or
to provide suitable land for the Library portion of the project to the
/ County. VIEVV
M: Replacement of Fee Schedules for Consulting Agreement with
SCS Engineers for contract years 8/1/05-7/31/06 and 8/1/06-
. _ /7/31/07. VIEVV
J..Y. Approval of an Amendment to Agreement with The Guidance
Clinic of the Middle Keys, Inc. for wastewater treatment
/ processing from the Marathon Detention Facility. VIEVV
J{[ Approval to renew a contract with Dependable Janitorial and
Building Maintenance, Inc. for janitorial service at the Big Pine
Key Library, Big Pine Key, Florida. VIEVV
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BW APPROVALS - CONTINUED
vn: Approval to renew a contract with Dependable Janitorial and
Building Maintenance, Inc. for janitorial service at the Marathon
Library, Marathon, Florida. VIEW
Approval to renew a contract with Dependable Janitorial and
Building Maintenance, Inc. for janitorial service at the Islarnorada
Library, Islamorada, Florida. VIEW
Approval to renew a contract with Dependable Janitorial and
Building Maintenance, Inc. for janitorial service at the Key Largo
_ _ / Library, Key Largo, Florida. VIEW
GJY. Approval to award bid and purchase one (I) Tree Trimming Aerial
Bucket Truck from Atlantic Truck Center in the total amount of
~132'140.00' and approval of a Resolution transferring funds.
VIEW
. Approval to award fuel contact to low bidder Dion Oil Co. and
~ / authorize Mayor to execute same. VIEW
..Jd. Approval to transfer title to County vehicle number 0920-493
(serial number IB7HC I 6X3XS2 I 8999) to the Pigeon Key
/ Foundation. VIEW
w3. Approval of Contract Renewal with General Asphalt Co., Inc., for
purchase and delivery of asphalt at a fixed price to Monroe
~/ / County, Florida. VIEW
~ Approval of Receipt of monthly report on Change Orders reviewed
by the County Administrator's Office. VIEW
~ ____ 25. Approval to renew the annual contract for MBIJK2M Architecture,
Inc. for Architectural Services for Monroe County construction
~projects where construction costs do not exceed $1,000,000.00.
VIEW
6. Approval to advertise a Request For Qualifications for Engineering
Services associated with Stormwater Management. VIEW
Approval for ratification of previous purchase for 70 Dell
Optiplex 210 Computers, and upgraded to 70 Dell GX 520
Computers with Gold Support. VIEW
Approval to accept renewal with Arthur 1. Gallagher to provide
Liability Insurance for Bayshore Manor with Lantana Insurance
/ Company at an annual premium of$17,506.86. VIEW
-./29. Approval to pay $209,425 renewal premium to Citizens Property
/ Insurance Corporation for Windstorm Insurance Policy. VIEW
vJO. Approval to accept proposal from Marsh USA for Property
Insurance package through Lexington Insurance Company and
Landmark American Insurance Company not to exceed a premium
of $610,000.00. Marsh is continuing their efforts to obtain more
favorably priced insurance. It is also being requested that authority
be granted to Risk Management to accept an alternative proposal
from Marsh if it is believed to provide equal or superior coverage
for a lower premium. VIEW
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C. . BJOLK APPROVALS - CONTINUED
,/'..1'1. Approval of Commencement Date Agreement as part of lease
between Monroe County and Park Village, LLC. VIEW
c. ~ Approval for the Mayor to sign a Consent to filing the Park Village
~ Home Owner's Association Declaration of Protective Covenants,
Restrictions and Easements. VIEW
~4.
D. ~~T DEVELOPMENT COUNCIL
AUKl~nouncement of one vacant position on the Tourist Development
Council District III Advisory Committee for an "At Large"
/ appointment VIEW
t..-Z Approval of an Amendment to Agreement with Red Barn Actors'
. /' Studio, Inc. to revise Exhibit A - Schedule of Events. VIEW
/ Approval of an Amendment to Inter local Agreement with the City
of Key West to extend termination date of the McCoy Indigenous
Park Habitat and ADA Improvements project to May 31, 2006.
VIEW
Approval is requested of an Amendment to Agreement with the
City of Key West to extend the termination date for the White
Street Pier Rip Rap project to March 31, 2008 to allow time to
complete the project VIEW
Approval of an Amendment to Agreement with Dove Creek
Lodge, LLC covering the Ghost Hunt to revise dates in Agreement
to August 10-11,2007. VIEW
Approval of an Amendment to Agreement with Dolphin Research
Center, Inc. to extend termination date to March 31, 2008 and
/ revise Exhibit A VIEW
. Approval of Amendment to Agreement with The Florida Keys
History of Dive Museum, Inc. to revise termination date of
/ Agreement to September 30, 2008. VIEW
.y Approval of an Assignment and Amendment to Agreement for the
October 18, 2006 agreement with Hospice Care of Southeast
Florida, Inc. for the Key Largo Dolphin Blast to Tammie Gurgiolo
who is amending name and date of event VIEW
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E.
~F REPORTS
"'1/ COMMUNITY SERVICES
.,{ / EMPLOYEE SERVICES
~IC WORKS
..( / ME~~~CY SERVICES
. GROWTH MANAGEMENT
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TAFF REPORTS
7. ENGINEERING
8. BUDGET & FINANCE
9. HOUSING & COMMUNITY DEVELOPMENT
10. TECHNICAL SERVICES
~RT
rODiscussion of lease renewal for the Boys & Girls Club of the Keys
(Teen Center), situated on the Key West International Airport.
VIEW
F.
ADJOURNMENT
10:00 A.M.
LAND AUTHORITY GOVERNING BOARD
1. Approval of minutes for the March 21, 2007 meeting. VIEW
2. Approval of the 2007 Acquisition List. VIEW
3. Approval of a resolution encouraging local governments to
provide local match funds for affordable housing acquisitions.
VIEW
Approval to purchase Block 10, Lots 1 and 2, Bowens Addition
to Riviera Village for ROGO Administrative Relief VIEW
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ADJOURNMENT
1:30 P.M.
H. ~SION OF GROWTH MANAGEMENT - BULK APPROVALS
JI..... Approval of one (1) year extension to file for final plat approval
for Rockland Investment Corporation, Inc. VIEW
L no~EWATERISSUES
~:H~ey Largo Wutewater Treatment District project update and
roblems with County right-of-way permitting process.
District requests that the BOCC direct the Public Works
Department to rescind its practice of delaying right-of-way
1 permits and imposing unauthorized conditions on them. VIEW
. Approval for FKAA to instaU the collection system for Shark
Key, located within the Big Coppitt Service Area. VIEW
. Approval to execute Waiver of Wastewater Service for Monroe
County properties in Key Largo. VIEW
6
.(.. ~OE COUNTY SHERIFF DEPARTMENT
€J,~' rJJr~'~PProval of FY 2007 recommendations of the Monroe County
V /"' Shared Asset Forfeiture Fund Advisory Board. VIEW
. Approval of a Request for expenditure from Law Enforcement
Trust Fund. VIEW
SSIONERS' ITEMS
COMMISSIONER MURPHY - Request by Dan Kratish,
President of the Monroe County Education Foundation, to address
the BOCC regarding a SAFF (Sheriff's Shared Asset Forfeiture
/ Fund Advisory Board) grant to Monroe Youth Challenge Program
(MYCP). VIEW
. COMMISSIONER MURPHY - Discussion and decision on two
/ February 21,2007 Administrative Relief items. VIEW
vI.!. I NER M HY - Discussion and decision on the
color to be used on the IS-mile stretch barrier. VIEW
COMMISSIONER NEUGENT - Approval of a Resolution of
the Board of County Commissioners of Monroe County objecting
/ to the construction of coal-fired power plant in the Everglades
Basin. VIEW
. COMMISSIONER SPEHAR - Approval of a Resolution
Authorizing the waiver of county building permit and application
fees for all affordable housing projects that are allowed, under
Monroe County Code Sec. 6-27(d)(2) and Sec. 6-27(e), to obtain
building permit and application requirement and directing Growth
Management Staff to prepare an amendment to Sec. 6-27(dX2) and
Sec. 6-27(e), Monroe County Code to routinely implement the
/ intention of the Board. VIEW
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11:00 A.M.
11:30 A.M.
2:45 P.M.
I ()~ 30
1. COUNTY CLERK
1.// Report
t4: Official approval of the BOCC minutes from the Special Meetings
~f January IS, 2007 & February S, 2007, and Regular Meeting
of February 21,2007. (previously distributed)
.y / Approval of Warrants. VIEW
y roval of Tourist Development Council Expenditures for the
month of March, 2007. VIEW
Approval to remove surplus equipment from inventory via
disposal. VIEW
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COUNTY ADMINISTRATOR
1./ Report
..z. Approval of a Resolution authorizing the temporary closing of the
Northbound Lanes of US I from mile marker 98.2 to mile marker
100 from 10:00 a.m. to II :30 a.m. for the annual 4th of July Parade
sponsored by The Reporter Newspaper. VIEW
Approval of changes to the Administrative Procedures for the
Board of County Commissioner to include policies on
Teleconferencing Public Meetings. VIEW
Approval of a Resolution to accept the recommendations in the
report of Mr. Gordon West and Mr. Leo Roomets, and to direct the
Senior Leader Team to incorporate these recommendations into the
direction of the Sterling Program. VIEW
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i. COUNTY ATTORNEY
I. Report (Litigation Report Included) VIEW
r- 2. Approval to go out or bid to sell the Hickory House property and
/ to place two newspaper ads of same. VIEW
v.r. Approval to advertise a public hearing for an ordinance amending
Sec. 13.5-5 of the Monroe County Code, creating Ramrod Park.
/ VIEW
...( Approval of Settlement Agreement to resolve Circuit Court Case
No. 2005-CA-420-K, regarding unpaid code enforcement liens.
VIEW
Request to schedule a closed executive session of the Board of
County Commissioners in the matter of Thomas Collins et al. v. t7
Monroe County, CA M 04-379 on Tuesday, May~ 2007
beginning at I :30 p.m. in Key Largo or at a future date, time and
location to be determined by the BOCC. VIEW
6. / Approval of a resolution authorizing the acceptance of Block H.
V Lot 10, Part C of Master Plat of North Marathon Shores from the
~nroe County Land Authority for affordable housing. VIEW
y ~tification of and approval for the Mayor to execute a corrected
Agreement for Sale and Purchase approved 7/19/2006 correcting
the name of the Seller to reflect Drive-In, Ltd. (previously shown
as Islander Village, LLC), with a leaseback to Islander Village,
LLC as the developer of the affordable housing units, and
providing for an access easement across County property for
market rate housing units which should have been included in the
original Agreement. The effective date of the corrected Agreement
would be retroactive to 7/19/2006 when the original Agreement
was approved by the Board. VIEW
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N. C~TY ATTORNEY - CONTINUED
\.--8"/ APproval of Assignment of Covenant of Unity of Title regarding
/:Lots 50 and 51, Port Antigua Plat No.2, Lower Matecumbe Key,
from Monroe County to Islamorada, Village ofIslands, VIEW
. Clarification of reasons for termination of Cudjoe Lease to house
Growth Management. Related to the issues discussed at the March
/ 21't meeting, which included finances, but the discussion did not
expressly set forth finances as the basis for the termination. VIEW
Approval ofa new contract with Jerry Coleman, Esq. VIEW
Approval of Settlement Agreement Addendum in Department of
Community Affairs v. Monroe County School Board, Kitty
Wasserman, BHF Corporation, and Monroe County, Case No.
APP-92-06I, DOAH Case No. 93-1316, requested by the Big Pine
Neighborhood Charter School, requesting an increase from 140
/ students to 200 students and from Pre-Kindergarten through 3rd
Grade to Pre-Kindergarten through 8th Grade. VIEW
rtf' ~ 12. Discussion and direction to Growth Management staff to examine
o make sure that the fees are commensurate with the costs to the
Division to provide the service. VIEW
. Approval to rescind the Memorandum of Agreement with the City
of Key West for employee training that was approved 2/21/2007
(Item 0-5) and approval of a corrected Memorandum of
Agreement omitting a section that was previously included but is
not applicable. VIEW
. Approval of resolution endorsing the candidacy of the Honorable
Sandra E. Taylor, Chief Judge of the Circuit Court for the 16th
k Judicial Circuit, to fill a vacancy on the Third District Court of
Appeals. VIEW
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BLIe HEARINGS
. I. A Public Hearing to consider adoption of a Resolution renouncing
and disclaiming any right of the County and the public in and to a
portion of Key Haven Boulevard according to the Plat of Key
Haven (Racoon Key), Plat Book 4, Page 46, of the Public Records
J of Monroe County, Florida and as depicted in the Special Purpose
Survey, Dwg. No. 05-520 as updated 2/12/2007. VIEW
. A Public Hearing to consider an ordinance amending Sec. 6-85 of
the Monroe County Code relating to Terms of Office; Removal
and Vacancies of members on the Contractors Examining Board.
VIEW
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3:00 P.M. O.
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3:00 P.M.
5:01 P.M.
O. LIC HEARINGS - CONTINUED
A Public Hearing to consider an ordinance adding Sec. 2.1-6 of the
Monroe County Code requiring warning signs to be posted at all
/Oint of sale, including bars and restaurants, about the dangers to
unborn children of women who drink alcoholic beverages while
pregnant. VIEW
. APublic Hearing to consider a Resolution approving execution of
~ Interlocal Agreement with the City of South Miami Health
Facilities Authority regarding issuance of tax-exempt revenue
bonds on behalf of Mariners Hospital, Inc. VIEW
. A public hearing to consider a request for Administrative Relief for
Rodolfo Martinez on Lot 18, Block 17, Cutthroat Harbor Estates
I" Addition, Cudjoe Key. VIEW
P. P--~ HEARINGS
?LI~] Public Hearing to consider approval of a resolution for a
Adget Amendment for Key West Int'I Airport Fund 404, and KW
AlP Series 2006 Bonds Fund 405. VIEW
2 A Public Hearing to consider approval of a resolution for a Budget
endment for the General Fund 001 and the Fine & Forfeiture
Fund 101 to transfer the Trauma Star Helicopter revenue and
expenditures from 001 to 101. VIEW
2005 and amending the fee schedule for planning and development
applications. VIEW
. A public hearing to adopt an ordinance amending text of the
Monroe County Code Section 9.5-22(h)(2); planning commission
meetings, hearings and procedure, to change one of the locations of
the regularly scheduled bi-monthly meetings of the planning
commission from the middle keys sub-area to the lower keys sub-
area. VIEW
ADA Assistance: Anyone needing special assistance at the Board of County Commissioners'
meeting due to a disability should contact the County Administrator's office at 292-4441 by
12:00 p.m. on Friday, April 13, 2007.
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ADD-ONS
Page 2
Page 5
Page 5
Page 9
Page 9
DELETIONS
Page 2
WEDNESDAY, April 18, 2007
B9 MAYOR DiGENNARO - Proclamation declaring May 10, 2007 as
World Lupus Day.
C31 HOUSING AND COMMUNITY DEVELOPMENT - Approval of
Commencement Date Agreement as part of lease between Monroe
County and Park Village, LLC.
C32 HOUSING AND COMMUNITY DEVELOPMENT - Approval
for the Mayor to sign a Consent to filing the Park Village Home
Owner's Association Declaration of Protective Covenants,
Restrictions and Easements
N13 COUNTY ATTORNEY - Approval to rescind the Memorandum
of Agreement with the City of Key West for employee training that
was approved 2/2112007 (Item 0-5) and approval of a corrected
Memorandum of Agreement omitting a section that was previously
included but is not applicable.
Nl4 COUNTY ATTORNEY - Approval of resolution endorsing the
candidacy of the Honorable Sandra E. Taylor, Chief Judge of the
Circuit Court for the 16th Judicial Circuit, to fill a vacancy on the
Third District Court of Appeals
C7
BUDGET & FINANCE - (DELETE) - Approval to amend The
Fiscal Year 2007 Capital Plan funding allocations for One Cent
Infrastructure Sales Tax (Fund 304) and Approval of a resolution
for the transfer of funds within said plan.
CORRECTIONS/NOTES
Page 4
Page 7
Page 7
C21
PUBLIC WORKS - (Back up provided) - Approval to award fuel
contact to low bidder Dion Oil Co. and authorize Mayor to execute
same.
Kl
COMMISSIONER MURPHY - ( Time Approximate of 11 :00
A.M.) - Request by Dan Kratish, President of the Monroe County
Education Foundation, to address the BOCC regarding a SAFF
(Sheriff's Shared Asset Forfeiture Fund Advisory Board) grant to
Monroe Youth Challenge Program (MYCP).
K2
COMMISSIONER MURPHY - (Time Approximate of 11:30
A.M.) - Discussion and decision on two February 21, 2007
Administrative Relief items.
Page 8
Page 8
Page 9
Page 9
Page 10
Page 10
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P2
COUNTY ADMINISTRATOR - (Backup now provided) _
Approval of a Resolution to accept the recommendations in the
report of Mr. Gordon West and Mr. Leo Roomets, and to direct the
Senior Leader Team to incorporate these recommendations into the
direction of the Sterling Program
COUNTY ATTORNEY - Report (Litigation Report Included)
COUNTY ATTORNEY - (Revised Backup) - Ratification of and
approval for the Mayor to execute a corrected Agreement for Sale
and Purchase approved 7/19/2006 correcting the name of the Seller
to reflect Drive-In, Ltd. (previously shown as Islander Village,
LLC), with a leaseback to Islander Village, LLC as the developer
of the affordable housing units, and providing for an access
easement across County property for market rate housing units
which should have been included in the original Agreement. The
effective date of the corrected Agreement would be retroactive to
7/19/2006 when the original Agreement was approved by the
Board.
COUNTY ATTORNEY - (Additional Backup Provided ) _
Approval of Settlement Agreement Addendum in Department of
Community Affairs v. Monroe County School Board, Kitty
Wasserman, BHF Corporation, and Monroe County, Case No.
APP-92-061, DOAH Case No. 93-1316, requested by the Big Pine
Neighborhood Charter School, requesting an increase from 140
students to 200 students and from Pre-Kindergarten through 3'd
Grade to Pre-Kindergarten through 8th Grade.
BUDGET & FINANCE - (Backup now provided) - A Public
Hearing to consider approval of a resolution for a Budget
Amendment for Key West Int'l Airport Fund 404, and KW AlP
Series 2006 Bonds Fund 405.
BUDGET & FINANCE - (Backup now provided) - A Public
Hearing to consider approval of a resolution for a Budget
Amendment for the General Fund 001 and the Fine & Forfeiture
Fund 101 to transfer the Trauma Star Helicopter revenue and
expenditures from 00 I to 101.
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9:00 A.M. ../
10:00 A.M /1,
10:"!.O /1./11.
11 :00 A.M. V I
11 :30 A.M. V
12:00 P.M..;'
1:30 P.M. /
2:45 P.M. /
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3:00 P.M. ~
"':00 f.N.- V
5:01 P.M.
AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDAY, APRIL 18, 2007
TIMES APPROXIMATE
Board of County Commissioners Regular Meeting
G lIG4- Land Authority
J[.(p
Kl - Commissioner Murphy
K2 - Commissioner Murphy
Lunch Break
11/13 - Wastewater
K2 - Commissioner Spehar
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OliOS - Public Hearings
IJ .Iv
Pl/P4 - Public Hearings