11/19/2003 Agenda
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AGENDA
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 be 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, Once an individual has addressed the Board, he or she will not be pennitted 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 all time approximate items are listed in bold.
Wednesday, November 19, 2003
Key Largo Library
Tradewinds Shopping Plaza
101485 Overseas Highway
Key Largo, Florida
Closed Session
8:30 AM,
Regular Meeting
9:00 AM.
Land Authority
10:00 AM,
Public Hearings
3:00 P,M,
Public Hearings
5:01 P,M.
TIME APPROXIMATE
REGULAR MEETING
8:30 AM,
CALL TO ORDER
INVOCATION
SALUTE TO FLAG
A CLOSED SESSION
1, Attorney-client closed session in accordance with ,Florida Statutes
Section 286,011(8) to discuss Karl Loose v, Monroe County
litigation
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9:00 A.M,
B. ~~ ATIONALMEETING
1, Selection of the Mayor and Mayor Pro Tern of the Commission
~pproval of Resolution electing the Mayor and Mayor Pro Tern for
the Board of County Commissioners
, Approval of Resolution authorizing the Mayor and Clerk of the
Board to sign all warrants, legal documents and any other
necessary papers and documents; and stating that the presently
authorized signatures validating County checks are hereby
continued for sixty days from this date in order to meet payroll and
other necessary obligations
c.
D,
ADDITIONS, CORRECTIONS, DELETIONS
PRESENTATION OF AWARDS
. 1. Presentation of Employee of the Month Award for September,
2003, to Jesse Elder, Toll Collector, Card Sound Toll Authority,
Public Works Division
2, Presentation of Proclamation to declare November, 2003 as
National Adoption Month and November 22, 2003 as National
Adoption Day in Monroe County
3. Presentation of Proclamation to declare May 24, 2004 as Aviation
Mni~~ance Technician Day
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BT6LK APPROVALS - COMMISSIONER RICE
7 - Approval for County Administrator to sign "Guided Portfolio
Services Program Plan Services Agreement with Valic Financial
Advisors, Inc.
Approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue
Approval to spend Countywide Library Impact Fees to purchase
books, reference materials, etc. for the library system
Approval to solicit bids for All Risk Property Insurance to cover
County buildings, communication towers, contractor's equipment
Approval of Certificate of Acceptance with Florida Department of
Law Enforcement for the Safeport Program, funded by the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Program
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E,~ APPROVALS - CONTINUED .
, Approval of Contract with Guidance Clinic of the Middle Keys,
provider of the Safeport Porgram, funded by the Edward Byrne
Memorial State and LOcal Law Enforcement Assistance Formula
Grant Program
Approval of extension of Lease Agreement for office space for the
Transportation Security Administration at the Key West
International Airport
Approval for Aerohio Skydiving Center to hold a skydiving event
at the Florida Keys Marathon Airport on January 31 - February 3,
2004, contingent upon meeting all requirements
Approval of a Contingency Lease Agreement with Michael X.
Bergin for the purpose of temporary storage of disaster debris
Approval to remove surplus equipment from inventory via
advertising for bid, salvage and disposal
Acceptance of the Monroe County Length of Service Award
Program (LOSAP) actuarial valuation report for the Plan Year
2003
Approval of Resolution authorizing each eligible participant in the
Length of Service Awards Program (LOSAP) to be credited with
an additional Year of Service for the year 1994
Approval of Contract with American Heart Association for
Monroe County to provide and manage for emergency
cardiovascular care under the guidelines and curriculum of the
American Heart Association, for a two year period beginning
/ December 1, 2003 and ending November 30, 2005
J4, Approval to submit grant applications to the Florida Department of
Health, Bureau of Emergency Medical Services, to fund EMS
related equipment and to have the applications signed by the
proper County authorities
Approval for the Key Largo, Marathon and Key West Branch
Libraries to close at 6:00 p.m on Wednesday, December 24, 2003,
and Wednesday, December 31,2003
Approval of the Library Plan of Service for the year 2004
Approval of Nutrition Services Incentive Program (NSIP)
(formerly USDA) Rate Agreement Contract #US-451 with the
Alliance for Aging
Approval to award Public Works surplus equipment, excluding
items #3, #5, #12, #15, and #17 (County unit numbers 0901-025,
0901-184, 0946-011, 1817-002, and 0903-656) as described in
/ attached Recap of Big Opening
)9, Approval to accept offer from Toppino's, Inc. for sale of the Road
Department's surplus roller, County unit number 0946/011
d. Approval of Amendment to correct the term, of the Lease
Agreement for Tropical Sailboats, Inc, Beach and Chair Rentals,
Higgs Beach
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BgI:;K AFPROV ALS - CONTINUED
~, Approval to renew the Lease Agreement with Monroe Courtty
Sheriff Deputy, Sever Hustad, to lease the trailer at Harry Harris
/ Park for an amount of rent totaling $425,00 per month
JL2, Approval to award bid and enter into a Contract with Miller
I Mechanical, Inc. for Central Air Conditioning Maintenance and
/ Repairs for the Middle Keys Facilities
c,7S, Approval of Contract Amendment with Sub-Zero, Inc, to include
NC maintenance and repair services to the Monroe County
Juvenile Justice Center on Stock Island
Approval of Renewal Agreement with Irwin S. Morse, M,D, d/b/a
Town Square Mall for office space for the Drug Court Counselor
in Marathon
Approval of a Lease Agreement with Indian Waterways Village
Limited Liability Partnership (LLP) for office space for the Upper
Keys Public Defender
Approval to terminate Contract with American Water Services
Operation & Maintenance, Inc, and approval to enter into a
Contract with Synagro Southeast, Inc, for the operation and
maintenance of the sewage treatment plant at the Plantation Key
Government Complex
Receipt of monthly report on Change Orders reviewed by the
County Administrator
Approval of low bid and authorization to issue a Purchase Order to
USA Power Systems, Inc, for a 600kw generator system for the PK
Sheriffs Substation and Public Defender's Office
Approval to award bid and execute a Contract with A. Herrmann
Associates, Inc" DBA Associates Roofing, for the Marathon
Animal Shelter Re-Roofing Project
Approval to enter into a Contract with WindTech to replace
windows at the Gato Building, and approval of Resolution
transferring funds (' C ~ " c..- )
Approval for Christine Dunn, Librarian, to apply for 3M1NMRT
Professional Development grant and to submit appropriate
documentation
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T~ST DEVELOPMENT COUNCIL
vr- -- BOARD OF COUNTY COMMISSIONERS - Announcement of
, one vacant position on the Tourist Development Council District V
/ Advisory Conunittee for an "At Large" appointment
, Approval of Resolution to transfer funds
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ADJOURNMENT
10:00 A.M. H.
ADJOURNMENT
TgDRIST DEVELOPMENT COUNCIL - CONTINUED
Y Approval of Amendment to Agreement to exercise option 'to
extend Agreement with C,B. Schmitt Real Estate Co" Inc, to
provide office and parking space for the Monroe County Tourist
/ Development Council administrative offices
~ Approval of Destination Agreement with the Gay and Lesbian
Community Center covering Pridefest 2004 on June 5-13, 2004, in
an amount not to exceed $25,000, DAC I, FY 2004 Third Penny
Event Resources
Approval of Amendment to Agreement with the Islamorada
Chamber of Commerce to revise the date of the Columbus Day
10K Getaway for 2003
Approval of Agreement with Hog's Breath Saloon of Key West,
Inc, covering the Key West Songwriters' Festival on May 12-15,
2004 in an amount no to exceed $6,227, DAC 1, FY 2004 Third
Penny Event Resources
Approval of Amendment to Agreement with Key West Investment
Syndicate, Inc, to revise the name of their event to take place on
November 19-21, 2003 from APBA Offshore Worlds Billfish
Tournament to Offshore Worlds Billfish Tournament
Approval of Destination Agreement with Womenfest, Inc,
covering Womenfest 2004 on September 7-12,2004 in an amount
not to exceed $6,228, DAC 1, FY 2004 Event Resources
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STAFF REPORTS
1./ COMMUNITY SERVICES
d. MANAGEMENT SERVICES
3,/ PUBLIC SAFETY
~ PUBLIC WORKS
5, FIRE RESCUE
6, AIRPORTS
7. GROWTH MANAGEMENT
LAND AUTHORITY
1. Approval of minutes for the October 15, 2003 meeting
2. Approval to purchase Block 3, Lot 11, Breezeswept Beach
Estates
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DWISION OF GROWTH MANAGEMENT - BULK APPROV ALS '
vt' Approval for a Grant of Conservation Easement for Tradewinds
Hammocks, Ltd, Owning all of Tract E, RE number: 00454611-
000500 and Tradewinds Hammocks II, LLC owning Lots 1-4 and
approximately 70 feet of the easterly portion of Lot 5, Block 4'
Industrial Acres Subdivision, Monroe County, RE numbers:
0045550-000000, 00455560-000000, 00455570-000000,
00455580-000000,004555590-000000
Approval for a Grant of Conservation Easement for Lot 13, Block
6 and a part of Tract B, Harbor Course South Section 2, Ocean
Reef Plat #17, RE#00573700-001300
Approval for a Grant of Conservation Easement for Lot 11 & 12,
Block 7, Anglers Park, and Monroe County, RE#00552130-
000000 & RE#0052140-000000
Approval for the transfer of two buildable lots from Charles
Robinson to Monroe County by Warranty Deed
Approval of Joint Participation Agreement with the Florida
Department of Transportation, providing $160,000,00 of the total
project cost of $200,000,00 to complete the Florida Keys Scenic
Highway Interpretive/Master Plan
Approval to advertise Request for Proposal for the Florida Keys
Scenic Highway Interpretive/Master Plan, review and rank
proposals, and recommend a firm to the Board of County
Commissioners
Approval for Year 12 NROGO Annual Allocation of 10,700
square feet to be made available in two allocations: the first
allocation of 5,350 square feet would be in January 2004, and the
remainder to be held in reserve for the second allocation period of
July 2004
Approval for the Growth Management Division to solicit a
Request for Proposals (RFP) to hire consultant fmn(s) to prepare,
in coordination with staff, the Livable Communi Keys Master Plan
for the Key Largo Area
Approval to submit a grant application to receive Clean Vessel Act
(CV A) funds through the Florida Fish and Wildlife Commission to
assist in reducing the operating costs of marine facilities that have
./ received CV A construction grants for boat waste pump-out
facilities
, Approval to rescind the REEF Contract approved by the BOCC on
May 21, 2003 as Agenda Item M23 and replacing it with the
correct version of the of the Contract in the amount of $40,000
Approval for the transfer of two buildable lots from Ralph
DePalma to Monroe County by Warranty Deed
Approval of a bid award to Keys Landscape for the Big Pine Key
Plan Restoration Project
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1. ~ OF GROWTIf MANAGEMENT .
~'. '3- ~/ Update on legal issues - Litigation Report '
/0 Approval of a Resolution revising the effective date for inspections
re ' d under Section 9,5-319, Monroe County Code, from
uary 1, 2004 to April 1, 2004
4:00 P.M. Consideration by the Commission of an appropriate County
response to the findJngs and recommendations of the Florida
Department of Community Affairs concerning that agency~s
assessment of the County's progress in meeting the objectives
of Year 6 of the Work Program mandated by Florida
Administration Commission Rule 28.20.100
1:30 P.M.
K. W S WATER ISSUES
ISsues
. Approval of Interlocal Agreement with the FKAA for the
I planning and development studies for wastewater collection
infrastructure serving Marathon, Conch Key, Bay Point and
Big Coppitt
. Approval of an Addendum to Agreement with URS to continue
/ independent wastewater e~ations in reference to the Stock
Island wastewater project t' ~ r, '^ ')
Approval to advertise an rdinance authorizing the issuance
by the County of Monroe not exceedJng $5,000,000 in
aggregate principal amount of taxable wastewater
improvement assessment bonds (Stock Island area), Series
2004 in order to finance the acquisition of certain wastewater
treatment capacity and various costs relating to the acquisition
and construction of certain wastewater utility capital
improvements on Stock Island, includJng the reimbursement of
certain expenditures previously made by the County; pledging
the moneys received by the county from certain special
assessments upon property benefited by the aforementioned
improvements to secure payment of the principal of and
interest on said bonds; covenanting to budget and appropriate
legally available non-ad valorem funds to pay debt service on
the bonds in the event the special assessments are inadequate
for such purpose; providJng for the rights of the holders of said
bonds; and providJng for an effective date for this OrdJnance
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L. S6UNDING BOARD .
2:00 P.M. J; Discussion concerning jurisdiction:"" H. T. Pontin '
2:15 P.M. t.I., Discussion concerning Fire Rescue service in Monroe County-
#< . / Andrew McBroom
2:30 P.M. r /~. Commend the BOCC and County Administration for taking
~ / the steps necessary to enhance both rll"e and EMS services in
Monroe County - Jim Ward
2:45 P.M. . Discussion on "donatabiHty" of all property within .a
conservation area - George Wilson
M ~ONROE COUNTY SHERIFF DEPARTMENT
./ i'~'" Approval of disposition of inventory items for the month of
November, 2003 in the total amount of $456,085,04
N, M~OE COUNTY HOUSING AUTHORITY
LY" Approval of Resolution amending the Community Development
Block Grant, Housing Assistance Plan
0, yo OE COUNTY HEALTH DEPARTMENT
1, Approval for Monroe County Health Department to lease space
through the Board of County Commissioners for the Health Care
Center located at DePoo Hospital and related Interagency
Agreement regarding lease payments
P. - -~OECOUNTYCOURT ADMINISTRATION
vroNR Approval of Grant-in-Aid Agreement with the Justice
~ Administrative Commission (JAC)
11", V 2, Appro,val of write-off of uncollectible accounts of the court
Q\fV \ J. reportmg department
0CO~SSIONERS' ITEMS
'. 1, MAYOR SPEHAR - Approval for Monroe County to pay to the
.), Florida Retirement System the amount of $6,102.27, which is
~ir''''reqUired for the Director of Social Servis:es, Louip. LaTorre, Jr" to
be eligibl~ fuJ J etit GIBeRt iR 2.'29/04 Ct "-. .tv.(.....fv\ J. D 1" ~ v' t.-'" .
U, --... , MAYOR SPEHAR - Approval to extend Christmas holiday to
include Friday, December 26, 2003 and New Years holiday to
include Friday, January 2,2004
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~9MM!SSIONERS' ITEMS - CONTINUED ,
if / ~A YOR SPEHAR - Approval' of Resolution urging the
/ legislature to enact new laws regarding immunity from liability for
local government entities in their efforts to aid the homeless
~, COMMISSIONER NEUGENT - An invitation is extended to the
Board of County Conunissioners to attend the Annual Joint ."
Meeting of the Library BoardlFriends of Library Groups, to take
~ce in the BOCC room of the Marathon Government Center on
March 23,2004 at 10:30 am
. COMMISSIONER NEUGENT - A proposed toll reduction of
the Card Sound Road Toll discount tickets from $,80 to $.20 per )
ticket. Purchase cost for drive-up would remain $1, ort I\A.L.t "r, .,v.
COMMISSIONER NEUGENT - Approval for the inclusion of
the following wordage in the "TERMS" section of the Monroe
County .ship PrQwmn J.Jngw R~w &;:)~la.u"c OVCl vle\v. This
provides that, should the property be sold or transferred prior to the
end of the thirty (30) year term, the amount due shall be
determined by calculating the sum of the principal balance of the
/1riginal SHIP loan plus 50% of the appr. eciated value excludi,Ijg ~,,(I ~
recipients of homes provided by Habitat for Humanity! ~~,7ft ~
, COMMISSIONER NEUGENT - Reaffirmatio1i to support
Resolution 091-2002 in the present form and as passed initially
with discussion and possible extension of the date - February 14,
2004 - based on staff and public input
COMMISSIONER NELSON - Approval of Resolution
recognizing the achievements of the late John C, Stormont as a
member of the Monroe County Board of County Commissioners
from November 1984 to November 1992, and Mayor from
November 1989 to November 1990, and proclaiming the 19th day
November, 2003 as John C, Stormont Recognition Day
COMMISSIONER NELSON - Right-Of-Way Abandonment
Permit approval necessary for construction of replacement of
~ North Key Largo Volunteer Fire Rescue Station t'
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R. T ERK
Report
VAPproval of Warrants
3: Approval of Fines & Forfeiture
, Approval of Tourist Development Council expenditures for the
month of October, 2003
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R. 7UNTY CLERK. - CONTINUED .
, Official approval of the Board of County Commissioners Minutes
from the Special Meetings of September 3 and 10., 20.0.3 and
Y Regular Meeting of September 17, 20.0.3 (previously distributed)
6, Approval to rescind Resolution No, 460.-20.0.2, agenda item L3
from the October 16, 20.0.2 meeting, concerning approval of a
Resolution to acknowledge rates agreed to by the Village of
Islamorada and Monroe County Sheriff's Office for the FY 20.0.3
Contract for local road patrol law enforcement services and
transfer of FY 20.0.2 Contract surplus
S, C~TY ADMINISTRATOR
y(. Report
7' Announcement of a public workshop to be held by the Florida
~/' .../ Department of Environmental Protection on Wednesday,
~ December 3, 20.0.3 at 7:0.0. P,M, at the John Pennekamp Coral Reef
State Park Visitor Center to present to the public the proposed land
management plans for Dagny Johnson Key Largo Hammock
Botanical State Park and John Pennekamp Coral Reef State Park
and, announcement of a Florida Department of Environmental
Protection advisory group meeting to be held on Thursday,
December 4,20.0.3 at 9:0.0. A.M. at the John Pennekamp Coral Reef
State Park Visitor Center to discuss with the Advisory Group
members the proposed land management plans for Dagny Johnson
Key Largo Hammock Botanical State Park and John Pennekamp
Coral Reef State Park
Discussion and approval of the Board of County Commissioners
monthly meeting dates for 20.0.4
Discussion and approval of the 20.0.4 appointments of
Commissioners to various duties
Approval of Contract to purchase property as an addition to the
KeyLargoCommunkyPark
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ATTORNEY
Report
Approval of Resolution directing the Supervisor of Elections of
Monroe County, Florida to place on the March 9,20.0.4 presidential
preference primary election ballot a referendum question
concerning whether the superintendent of schools for Monroe
County should be changed from an elected official to one
appointed by the School Board
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~UNTY ATTORNEY - CONTINUED .
3, Approval to institute foreclosure and collection proceedings and
for authority to settle a code enforcement lien case, and to engage
outside counsel, if necessary
App~oval to n~otiatc;, ,; Qpn~ for Mis~eanor Probation
Servtces (, ~ ~../
Approval to extend the existing Contract with Salvation Army for
Misdemeanor Probation Services to March 1, 2004
Approval of code enforcement lien settlement agreement with
Ernest C, Richardson & Frances Littleton
Approval of Resolution directing the Supervisor of Elections of
Monroe County to place on the March 9, 2004 presidential
preference primary election ballot a referendum question
concerning whether the School Board of MO)ll'<)e Counp; shoul~ be
authorized to levy a ,5 mill ad valorem tax (~ iJ( rc",,^)
Presentation of code enforcement lien settlement offer from Largo
Coin Laundry, Inc.
Approval of settlement in Radim Havlicek v. Monroe County
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3:00 P.M.
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PJ}nLIC HEARINGS
~ Public hearing of an Ordinance amending Section 6-85(a), in
order to change the term of office of the members of the
/ Contractors Examining Board from two to three consecutive
terms (One public hearing required)
. Public hearing of an Ordinance authorizing a lump sum years
of service award to certain eHgible volunteer firefighters (One
/ public hearing required)
~ PubRc hearing to consider Administrative Relief appRcation
/med by Mr. Gary Cherubini for Lots 4 and 5, Block 10, of
Angler's Park, Key Largo (One public hearing required)
. Public hearing concerning an Ordinance amending Chapter
5.5, Boats, Docks and Waterways, to create a No Anchor Zone
/ in an area locally known as "Varadero Beach", on the bayside
'. of Key Largo (One public hearing required)
Second of three public hearings on an Ordinance amending
Chapter 5.5, Boats, Docks, and Waterways, prohibiting diving
and snorkeling within manmade waterbodies and within 300
feet of improved residential canals, marinas, and commercial
shorellnes during the dates of the "Lobster Mini-season"
(Three public hearings scheduled)
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5:01 P.M.
v. LIC HEARINGS
PubHc hearing to consider a DCA Transmittal Resolution on a
request med by the Key Largo Ocean Resorts Co-op, IDe. to
amend the Future Land Use Map (FLUM) from Mixed
Use/Commercial (MC) to Residential High (RH) for property
d iibed as SouthcHfT Estates, PB-2-45 Key Largo, Monroe
ounty, Florida, approximate Mlle Marker 95 (Two pubHc
hearings required)
PubHc hearing to consider a DCA Transmittal Resolution to
amend the Future Land Use Map (FLUM) per the request of
the appHcant, Mr. Sam Stoia, for property located at Mile
Marker 97.9, in Key Largo from Residential Low (RL) to
/ Mixed Use/Commercial (MC) and to amend the Land Use
District (Zoning) Map from Suburban Residential to Suburban
Commercial (SC) (Two pubHc hearings required)
.. PubHc hearing to adopt an ordinance amending the Monroe
Aunty Land Development Regulations by amending Section
9.5-262, Residential Density and District Open Space (One
pubHc hearing required)
. PubHc hearing to consider proposed revisions to Division 9 of
the Monroe County Code, (parking and Loading standards) in
order to modify certain standards that are no longer
/ approp t9 e sections in order to provide
gre clariJY and ease t re ence (One pubUc hearing
requ ) (C ~l71 "lA
5. PubUc he 0 consider an Ordinance amending Division 9
of the Monroe County Code clarifying when a building permit
is required, listing letters of coordination required an e
frames for submittal and review of ---
appHcations. (One pubUc hearing re ed)( (~ Ie c.v- ")
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.rn on Friday, November 14, 2003.
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. 415 AM.
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030 P.M.
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~45 P.M.
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5:01 P.M.
AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDAY, NOVEMBER 19,2003
TIMES APPROXIMATE
Closed Session
Board of County Commissioners Regular Meeting
HUH2 - Land Authority
S5 - County Administrator
~ mano/usfl'//o
Tl - County Attorney
Lunch Break
Reconvene
Kl/K4 - Wastewater Issues
Ll - Sounding Board - H. T. Pontin
L2 - Sounding Board - Andrew McBroom
T. \ \
L4 - Sounding Board - George Wilson
UIIU5 - Public Hearings
11 - Growth Management
J3 - Growth Management
VIN5 - Public Hearings