07/17/1996 Regular
96/208
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 17, 1996
Key West, Florida
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9:00 a.m., on the above date, at the
Key West Holiday Inn Beachside. Present and answering to roll
call were Commissioners Keith Douglass, Wilhelmina Harvey, Jack
London, Mary Kay Reich and Mayor Shirley Freeman. Also present
were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk;
James Hendrick, County Attorney; James Roberts, County
Administrator; County Staff, members of the Press and Radio; and
the general public.
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All stood for the Invocation and Pledge of Allegiance.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Douglass and seconded
by Commissioner Harvey to postpone to the next Board meeting in
Key Largo the adoption of a Resolution approving an exemption
from the non-residential permit allocation system for the Boy
Scouts of America for property described as part of Government
Lot 1 in Section 29 and a part of Government Lots 3 and 4 in
Section 20, all in Township 64 South, and 4 in Section 20, all in
Township 64 South, Range 36 East, Lower Matecumbe Key. Motion
carried unanimously.
commissioner London discussed continuing of agenda
items because they are not in the area where the matter is
located.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner London and seconded by
Commissioner Harvey granting approval of Additions, Corrections,
and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Employee of the Month Award was
presented to Linda McLeod, Public Works Division, for the month
of April, 1996.
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Presentation of a Proclamation declaring July 21st
through July 27, 1996 as "Reef Awareness Week" in Monroe County.
Presentation of a Proclamation declaring August 1st
through August 7, 1996 as "World Breastfeeding Week".
Board acknowledged and commended the entire Big Coppitt
Volunteer Fire Department, and in particular, Deputy Fire Chief
Scott Young and Firefighter Bruce Aul for their performance of
duties and the saving of lives in a fire on Big Coppitt Key,
January 6, 1996.
Community Services Director, Peter Horton, advised the
Board that the students who were filming today's meeting were
enrolled in the Summer Youth Employment and Training Program and
were making a video on Functions of Local Government so that it
may be aired on K1-TV through Horace O'Bryant Middle School.
COMMISSIONER'S ITEMS
The Board discussed Mayor Freeman's appointment of
Carmen Turner to the Tourist Development Council Board. After
Board discussion, motion was made by Commissioner Reich to remove
the item from the agenda. Motion died for lack of a second.
Motion was made by Commissioner London and seconded by
Commissioner Douglass to approve the appointment of Carmen Turner
to the Tourist Development Council Board.
The following individuals addressed the Board:
Chairman of the Tourist Development Council, Michael Ingram;
President of the Key West Chamber of Commerce, Kim Works;
Executive Director of the Key West Chamber of Commerce, Virginia
Panico; and DAC III member Betty Vail. Motion was made by
Commissioner London and seconded by Commissioner Reich to
postpone the item to the next Board meeting. Roll call vote was
unanimous.
BULK APPROVALS
Motion was made by Commissioner Douglass and seconded
by Commissioner London to approve the following items by
unanimous consent:
Board granted approval and authorized execution of an
Amendment to Lease to extend the lease between Monroe County and
the Lower Florida Keys Health System for the HRS - Monroe County
Public Health Care Center at DePoo Hospital to May 31, 1997.
Board granted approval and authorized execution of
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an Amendment to Lease between Monroe County and Diane C. Chaplin,
for the Marathon Public Health Unit at 7977-7999 Overseas ~
Highway, Marathon, to September 9, 1997.
Board granted approval to advertise for a design/build
contractor for the construction of a cover for the Key Largo
Recycling Operation.
Board granted approval and authorized execution of an
Addendum to Agreement, between Monroe County and Ecosystematics,
Inc., for operation and maintenance of the Plantation Key
Government Complex Sewage Treatment Plant, in an amount not to
exceed $6,180.00 per year (adjusted 3% for CPI).
Board granted approval and authorized execution of a
Residential Lease for Law Enforcement Officer between Monroe
County and Florida Highway Patrol Trooper Pamela Goff to reside
in the trailer located at Sombrero Beach, in the amount of
$214.22 per month rent, plus $185.78 for water, sewer/septic,
electricity, and solid waste collection service.
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and Xerox Corporation, for
a three year lease of a Xerox copy machine, in the amount of
$149.00 per month.
Board granted Award of Bid to Envirotech Contractor,
Inc., bid of $63,000.00, to abate asbestos in Public Service
Building, stock Island, subject to receipt of City of Key West
license, and authorized execution of a Contract between Monroe
County and Dove Environmental Corporation to monitor the work of
the contractor for a cost not to exceed $20,000.00.
Board granted approval and authorized execution of
Change Order No. 2 for contract between Monroe County and General
Asphalt Co., Key Largo Roads XI Project, adding 30 days time
extension.
Board granted approval and authorized execution of
Change Order No. 2 for contract between Monroe County and
Toppino's Inc., reducing the contract in the amount of $830.90.
Board adopted the following Resolution authorizing the
execution of a Highway Landscape Maintenance Agreement with the
Florida Department of Transportation for the Big Coppitt Key
Bicycle Pedestrian Path Project No. 90000-3526.
RESOLUTION NO. 259-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
execution of a Highway Landscape Maintenance Agreement with the
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Florida Department of Transportation for the Indian Key Bicycle
Path Project No. 90000-3527.
RESOLUTION NO. 260-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
execution of a Highway Landscape Maintenance Agreement with the
Florida Department of Transportation for the Upper Matecumbe
Pedestrian Path Project No. 90000-3525.
RESOLUTION NO. 261-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval to extend a lease with the Key
West Hotel/Motel Association, for space at the Key West Airport
to September 30, 1996, on a month-to-month basis.
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and Federal Express for
facility at the Key West International Airport, in the total
amount of $37,162.61.
Board granted approval and authorized execution of a
Purchase/Service Order No. 95/96-13, between Monroe County and
Greiner, Inc., to prepare a new passenger facility charge
application for projects at the Key West and Marathon Airports,
in the amount of $29,250.00.
Board granted permission to close the Marathon Library
on July 27, 1996, for termite treatment.
Board granted authorization to issue a Request for
Proposals for the conversion of the library's materials and
patron files to a machine readable format.
Board granted authorization to issue a Request for
Proposals for a basic library computer network package.
Board granted approval of a Lease Agreement between
Monroe County and Justo Maqueira for rental of office space at
3127 Riviera Drive, Key West, for JTPA/Career Opportunity Center.
Board granted approval to advertise an Ordinance
creating a Boating Restricted Area (slow speed/minimum wake zone)
for Whale Harbor Channel to include the area within the marked
channel; providing for definitions; providing that Monroe County
agrees to Hold Harmless the Florida Department of Environmental
Protection from any liability incurred from the posting of
boating restricted signage/buoys; providing for penalties for
violations; providing for exemptions; providing for severability;
providing for the repeal of all ordinances inconsistent herewith;
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providing for incorporation into the Monroe County Code; and
providing an effective date.
Board granted approval to submit a grant application to
HRS Family Nutrition Program.
Board adopted the following Resolution amending
Resolution No. 244-1996.
RESOLUTION NO. 262-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 181-1996 (Schedule Item 1).
RESOLUTION NO. 263-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 2).
RESOLUTION NO. 264-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution to Rescind
Resolution No. 247-1996 (Schedule Item 3).
RESOLUTION NO. 265-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 4) .
RESOLUTION NO. 266-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 072-1996 (Schedule Item 5).
RESOLUTION NO. 267-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 073-1996 (Schedule Item 6).
RESOLUTION NO. 268-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 7) .
RESOLUTION NO. 269-1996
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See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 469-1995 (Schedule Item 8).
RESOLUTION NO. 270-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 468-2995 (Schedule Item 9).
RESOLUTION NO. 271-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 071-1996 (Schedule Item 10).
RESOLUTION NO. 272-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 11).
RESOLUTION NO. 273-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 467-1995 (Schedule Item 12).
RESOLUTION NO. 274-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Schedule Item 13).
RESOLUTION NO. 275-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Schedule Item 14).
RESOLUTION NO. 276-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Schedule Item 15).
RESOLUTION NO. 277-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 17).
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RESOLUTION NO. 278-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 18).
RESOLUTION NO. 279-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Schedule Item 19).
RESOLUTION NO. 280-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board authorized the submission of a grant application
to the Local Law Enforcement Block Grants Program.
Board granted approval and authorized execution of an
Agreement between Monroe County and the Florida Keys Outreach
Coalition.
Board granted approval and authorized execution of
Modification #1 to Contract No. 96EA-5F-11-54-01-019 between
Monroe County and the Florida Department of Community Affairs,
concerning the Low Income Home Energy Assistance Agreement.
Board authorized payment of $39,633.00 premium to
American International Specialty Lines for three year policy term
(7/10/96-7/10/99) for Pollution Legal Liability Insurance.
Board authorized Airport Liability Insurance renewal
proposal from Associated Aviation Underwriters Association,
effective 7/27/96-97,at an annual cost of $44,621.00 (final year
of three year policy) .
Board granted approval and authorized execution of
Modification #1 to Radiological Emergency Preparedness Agreement
#96EP-6P-11-23-10-002 between Monroe County and Florida
Department of community Affairs.
Board granted approval to advertise a Request for
Proposals for Workers' Compensation Managed Care Program.
Board granted approval and authorized execution of a
Purchase Order to Monroe's Service Company, in the amount of
$31,200.00, to provide air conditioning to the first floor of the
Courthouse Annex in Key West.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal add-on 1).
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RESOLUTION NO. 281-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal add-on 2).
RESOLUTION NO. 282-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal add-on 3).
RESOLUTION NO. 283-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Verbal add-on 4).
RESOLUTION NO. 284-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Verbal add-on 5).
RESOLUTION NO. 285-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal add-on 6).
RESOLUTION NO. 286-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval to purchase one new boom
mounted, rotary type mower and tractor from South Florida Ford,
in the amount of $38,196.00.
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Board granted approval to spend Police Facilities
Impact Fees for Sheriff's Office to expand facilities at the
Monroe County Main Detention Facility.
Board adopted the following Resolution setting the
date, time and place for a Public Hearing concerning the proposed
abandonment of a portion of Buttonwood Lane and Alley, Friendship
Park, Key Largo.
RESOLUTION NO. 287-1996
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See Res. Book No. 131, which is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Board adopted the following Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 288-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and stuart Newman
Associates.
CONSENT AGENDA/BULK APPROVALS
Board granted approval and authorized execution of
Amendment No. 2 to Contract No. SP333 between Monroe County and
the Florida Department of Environmental Protection.
Board adopted the following Resolution amending
Resolution No. 364-1992 and any other previous fee schedules
inconsistent herewith, and amending the Planning Department Fee
Schedule to incorporate the provisions of the Monroe County Year
2010 Comprehensive Plan, Policy 101.18.5, regarding beneficial
use proceedings.
RESOLUTION NO. 289-1996
See Res. Book No. 131, which is incorporated herein by reference.
See Page 216A ~
Board granted approval to advertise Public Hearings to
consider the adoption of an Ordinance amending section 9.5-
22(h) (2) of the Land Development Regulations to discontinue
regular scheduling of Planning commission Meeting in the Lower
Keys area.
Board granted approval of a clarification to Agenda
Item #M3 (June 19, 1996) to specifically match the name on agenda
item to name on deed restriction, warranty deed, or restrictive
covenant.
Board adopted the following Resolution authorizing the
Mayor to execute, on behalf of Monroe County, an agreement
between the Florida Department of Community Affairs, Monroe
County, and Kenneth Cianchette, regarding the DCA's appeal of the
1993 final plat approval of the Sunrise strip Subdivision, Key
Vaca, Florida.
RESOLUTION NO. 290-1996
See Res. Book No. 131, which is incorporated herein by reference.
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Board granted approval to advertise Public Hearings
concerning adoption of an Ordinance amending section 19-218;
Clarifying that the Ordinance applies to portable structures and
vehicles of any type; Deleting mention of specific, Florida
Administrative Code definitions of alcoholic beverage sales;
Providing that parcels serving as the base of an alcoholic
beverage vendor shall be brought into compliance with the current
Land Development Regulations to the maximum extent practical;
Amending the list of Land Use Districts which may receive
alcoholic beverage approvals to be consistent with the purposes
of the future land use categories of the Monroe County Year 2010 ~
Plan; Deleting the provision that the Planning Commission shall
give due consideration to certain land use impacts in favor of a
five hundred foot distance requirement from Houses of Worship,
Schools, and Residential Land Use Districts; the distance
requirement shall apply only to establishments providing
comsumption on premises, excluding bona fide restaurants;
Amending the provisions for noise control where alcoholic
beverages are provided along with live entertainment or amplified
sound; Providing for the eventual sunsetting of approvals if
abandoned; Providing limits on non-conforming establishments;
Clarifying that the Planing Commission shall have the authority
to revoke alcoholic beverage use permits; Providing for
severability, conflict, incorporation into the Code effective
date and transmittal to DCA and the Secretary of State.
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Board adopted the following Resolution approving an
exemption from the Nonresidential Permit Allocation system for
the Grand Lodge Order of Elks, Lodge No. 2139, for property
described as lots 1, 3, and 4, Block 4, Lida Subdivision First
Addition, Section 1, Township 66 South, Range 32 East,
Tallahassee Meridian, Key Vaca, Monroe County, Florida,Mile
Marker 50.
RESOLUTION NO. 291-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval of a variance to the Flood
Hazard Ordinance submitted by Al Porter, for placement of a
limited bath facility below the base flood elevation on lot 96,
Hammer Point Park, Key Largo.
Board granted approval of a variance to the Flood
Hazard Ordinance submitted by Greg Garcia, for placement of a
limited bath facility below the base flood elevation on lot 6,
block 5, Sunshine Estates, Plantation Key.
Board granted approval of a variance to the Flood
Hazard Ordinance submitted by Sheldon Nitenson, for placement of
a limited bath facility below the base flood elevation on lots 35
and 36, block 3, Matecumbe Ocean Bay, Lower Matecumbe Key.
Board granted approval of a variance to the Flood
Hazard Ordinance submitted by Richard Lunn, for placement of a
limited bath facility below the base flood elevation on lot 1,
block 3, Boatmans Colony, Plantation Key.
Board granted approval of a variance to the Flood
Hazard Ordinance submitted by Ronnie Gillman, for placement of a
limited bath facility below the base flood elevation on lot 19,
block 16, Pirates Cove First Addition, Key Largo.
Board granted approval of a variance to the Flood
Hazard Ordinance submitted by Roswitha Wiest, for placement of a
limited bath facility below the base flood elevation on lot 7,
block 11, Twin Lakes, Key Largo.
DIVISION OF SOLID WASTE MANAGEMENT
Board adopted the following Resolution adopting the
Tentative Residential Solid Waste Collection, Disposal and
Recycling Rates for the Fiscal Year 1996-1997.
RESOLUTION NO. 292-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution establishing the
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tentative per month Solid Waste Collection, Disposal and
Recycling Service Rates for Commercial property in the various
solid waste collection franchise areas.
RESOLUTION NO. 293-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval to advertise Public Hearings
concerning the annual non-ad valorem assessment for the
collection, disposal and recycling of residential solid waste;
and establishment of collection, disposal and recycling rates for
commercial waste stream generators for Public Hearings on
September 5, September 11 and September 19, 1996.
DIVISION OF MANAGEMENT SERVICES
Board granted approval to advertise three Public
Hearings setting the dates, times and places to consider and
adopt the final budget and final millage rate: September 5,
1996, 5:05 p.m., Key Largo Library; September 11, 1996, 5:05
p.m., Holiday Inn Beachside; September 19, 1996, 5:05 p.m.,
Marathon Government Center.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Harvey's request
for County staff to search for property for holding a County Fair
and other related activities with the help of State Parks Grants,
TDC, etc.
Board granted approval of Commissioner Harvey's request
for the County to remove all debris and "white goods", etc., and
place blockades to prevent illegal dumping and illegal ingress
and egress at the south end of Bernstein Park, between Fifth
Street and Shrimp Road.
Board granted approval of Commissioner Douglass'
appointment of Mr. Pat Wells, Park Manager of Lignumvitae Key
State Botanical Site, to the Marine and Port Advisory Committee.
Board granted approval for the County Administrator to
negotiate a contract with the Sough Florida Regional Planning
Council to conduct strategic planning for Monroe County. Future
contract to be presented to the Board for approval.
DIVISION OF COMMUNITY SERVICES
Board granted approval to close all libraries in Monroe
County on August 2, 1996 to conduct a department wide customer
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relations workshop.
Board granted approval of the plan to allow the Florida
Keys Youth Club, Inc., (Key West Teen Center) to remain on
airport property for another ten years.
COUNTY ADMINISTRATOR
Board adopted the following Resolution expressing
displeasure with the City of Key West with its late indication of
interest for the Commissary Building.
RESOLUTION NO. 294-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval to modify the Contract between
Monroe County and Keys Physician Hospital Alliance for
utilization Review Services for Group Benefits Program and
Network Access, changing the effective date to the month of July
rather than June.
COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center for
Mental Health, in the amount of $2,700.00; Guillermo Marcovici,
in the amount of $3,450.00; Leslie Morgan, in the amount of
$575.00; David Nathanson, in the amount of $300.00; Guidance
Clinic of the Middle Keys, in the amount of $250.00; Pamela
Strother, in the amount of $250.00.
COURT APPOINTED ATTORNEY'S, Tegan Slaton, in the amount of
$350.00; Michelle Cates, in the amount of $352.50; Albert L.
Kelley, in the amount of $555.00.
COURT APPOINTED ATTORNEY'S - CONFLICT, Laurie Hall, in the
amount of $350.00; Natural Law, Inc., in the amount of $1,218.75;
Charles Milligan, in the amount of $615.00; Jason Smith, in the
amount of $3,075.00; Angel Ruiz, in the amount of $2,392.50;
Larry Erskine, in the amount of $350.00; Cunningham, Albritton,
Lenzi, Warner, $350,00; Neta Seiber, in the amount of $656.25;
Crimella & Hamilton, in the amount of $4,371.84; Manuel Garcia,
in the amount of $65.53; Michelle Cates, in the amount of
$918.75; Tegan Slaton, in the amount of $1,200.00; Charles
Evertt, in the amount of $1,230.00; W.J. Heffernan, Jr., in the
amount of $350.00; Jeffrey Meyer, in the amount of $3,668.75;
Stephen Isherwood, in the amount of $2,666.25; Carol Ann Wolf, in
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the amount of $2,023.20; Marci Rose, in the amount of $1,007.64;
Joseph Wolkowsky, in the amount of $1,065.00.
TRAVEL EXPENSES, Witness Travel, in the amount of $5,119.84.
COURT REPORTERS, Associated Court Reporters, in the amount
of $1,944.25; Florida Keys Reporting, in the amount of $1,167.90;
Soon Schunot, in the amount of $807.00; Laws Reporting Company,
in the amount of $2,431.99; Vicki Lynn Doty, in the amount of
$347.85; Nichols & Hardy, in the amount of $45.00; Murdick, Witt,
Levy, in the amount of $465.00; Amy Landry, in the amount of
$702.00; Suzanne Ex, in the amount of $400.00; Jack Bensoner, in
the amount of $45.00; Susan Davis, in the amount of $615.00;
Alan Levine, in the amount of $101.25; Rex Lear, in the amount of
$90.00.
REGULAR WITNESS FEES, Witness Payroll, in the amount of
$790.00
EXTRADITION, Richard Roth, in the amount of $13,861.78
OTHER EXPENSES, Louis Spallone, in the amount of $1,250.00;
witness LOdging, in the amount of $1,232.00; state of Florida, in
the amount of $460.60
EXPERT WITNESS FEES, Fredrick Covan, in the amount of
$600.00
COURT INTERPRETERS, Marianele Herrera, in the amount of
$250.00; J.R. Alayon, in the amount of $820.00; Basia
Dziewanoski, in the amount of $25.00; William Waddell, in the
amount of $575.00; Jose Menendez, in the amount of $740.00;
Rejean Clement, in the amount of $305.00; AT&T Language Line
Service, in the amount of $50.00; Katarzyna Chroscik, in the
amount of $25.00; Jiri Dolezal, in the amount of $95.00; Zdenek
Hrabec, in the amount of $25.00, Mayda Maloney, in the amount of
$35.00; Wally Morawski, in the amount of $45.00; Yolanda Krauss,
in the amount of $115.00; Eduardo Silva, in the amount of $30.00;
Shannon Minkel, in the amount of $95.00; Marlene Miller, in the
amount of $25.00; Lori DeYoung, in the amount of $70.00.
MISC. EXPENSES - ALL, Wiregrass Mental Health Board, in the
amount of $56.95
COUNTY CLERK
Board approved the following Warrants:
COMMUNITY DEVELOPMENT BLOCK GRANT (100), #161-162, in the
amount of $64,949.00
SUPPLEMENT TO GENERAL REVENUE FUND (002), #643-#646, in the
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amount of $182,301.67
FINE' FORFEITURE FUND (101), #1679-#1684, in the amount of
$2,680,326.91
ROAD AND BRIDGE OPERATING (102), #968-#971, in the amount of
$449,941.71
LAW LIBRARY FUND (103), #532-#534, in the amount of
$3,635.81
TOURIST DEVELOPMENT COUNCIL (115-121), #1013-#1016, in the
amount of $736,315.26
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #246-#249, in
the amount of $206,555.59
MSD TAXING DISTRICTS (145,146,141), #916-#919, in the amount
of $457,199.89
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #585-#589, in
the amount of $21,295.99
UPPER KEYS TRAUMA DISTRICT (144), #338-#341, in the amount
of $36,724.55
PLANNING,BUILDING,' CODE ENFORCEMENT/
PARKS' BEACHES UNINCORPORATED (147,148) #636-#639, in the
amount of $603,948.46
VENETIAN SHORES SPEC RD DIST ,
DUCK KEY SECURITY (149/152), #123-#125, in the amount of
$9,099.76
MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1095, in the
amount of $29,786.49
COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #864-#868, in the amount of
$425,479.47
SALES TAX BOND ANTICIPATION (305), #236, in the amount of
$799,942.00
CARD SOUND BRIDGE FUND (401), #666-#669, in the amount of
$62,424.24
AIRPORT OPERATION' MAINTENANCE FUND (403/404), #1048-1057,
in the amount of $703,620.06
MSD PLEDGED FUNDS (414), #527-#531, in the amount of
$1,247,741.94
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WORKERS COMPENSATION FUND (501), #4371-#4376, in the amount
of $75,242.53
GENERAL REVENUE FUND (001), #265001-267010, in the amount of
$15,949,981.16
MONROE COUNTY GROUP INS FUND (502), #840-#845, in the amount
of $774,190.62
RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND (503/504),
#434-#437, in the amount of $390,669.54
FL TRUST FUND (600,601), #1130-1132, in the amount of
$66,947.13
Board approved the County Commission Meeting Minutes of
May 9 and May 22, 1996.
Board granted approval to rescind Resolution No. 333-
1995 adopted at the September 20, 1995 meeting applauding the
Center for Marine Conservation for their efforts in organizing
and carrying out a Keys wide beach cleanup on September 16, 1995.
Board accepted the submission of the Annual Audit
Report and Financial Statements for the Fiscal Year ending
September 30, 1995.
COUNTY ATTORNEY
Board adopted the following Resolution setting the
date, time and place for a Public Hearing concerning the proposed
abandonment of a portion of Big pine Avenue, Big Pine Key,
Florida.
RESOLUTION NO. 295-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval to advertise an Ordinance
amending section 11-1, Monroe County Code, in order to establish
a speed limit of 15 miles per hour on the following County roads:
Treasure Boulevard, Francis Drake Drive, Gasparilla Drive, Jean
Lafitte Drive, Jolly Roger Drive, Pirates Drive, Anne Bonny
Drive, Barracoa Drive, Araica Drive, Tortuga Drive, Henry Morgan
Drive, LeGrand Drive, John Silver Drive, Blackbeard Drive,
Buccaneer Drive, and Long Ben Drive, all located in the Pirates
Cove Subdivision, Key Largo; providing for severability;
providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of
Ordinances; and providing for an effective date.
Board adopted the following Resolution amending
96/223
Resolution No. 499-1995 which abandoned a portion of Kings Cove
Road, Little Torch Key, Florida, to correct the legal
description.
RESOLUTION NO. 296-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution rescinding
condition of Map Approval AND authorized execution of a Quit
Claim Deed to Betty Lujan regarding Lots 9 and 10, Key Haven 9th
Addition.
RESOLUTION NO. 297-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval of expenditures from the Law
Enforcement Trust Fund, in the amount of $1,300.00, for the
purchase of 1000 miniature sheriff's Office lapel pins.
Motion carried unanimously.
Commissioner Douglass excused himself from the meeting. ~
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an
Ordinance amending Section 2-235, Monroe County Code, in order to
correct the descriptions of Municipal Service Benefit Units
numbers 1-8 by removing references to outdated precinct numbers
and Property Appraiser computer codes; Providing for
severability; providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective
date. There was no public input. Motion was made by
Commissioner London and seconded by Commissioner Harvey to adopt
the following Ordinance. Motion carried unanimously, with
Commissioner Douglass not present.
*
ORDINANCE NO. 035-1996
See Ord. Book No. 40 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance amending section 6-44, Monroe County Code; Deleting a
provision concerning inspection fees; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date. There was no public
input. Motion was made by Commissioner London and seconded by
Commissioner Harvey to adopt the following Ordinance. Motion
carried unanimously, with Commissioner Douglass not present. ~
ORDINANCE NO. 036-1996
See Ord. Book No. 40 which is incorporated herein by reference.
96/224
Commissioner Douglass returned and Commissioner London ~
excused himself from the meeting.
A Public Hearing was held concerning adoption of an
Ordinance creating section 6-45, Monroe County Code, Providing
for Inspections; Permitting Inspections by professional
architects or engineers; Providing for severability; Providing
for the repeal of all Ordinances inconsistent herewith; Providing
for incorporation into the Monroe County Code of Ordinances; and
providing an effective date. There was no public input. Growth
Management Director, Bob Herman, addressed the Board. Motion was
made by Commissioner Douglass and seconded by Commissioner Harvey
to adopt the following Ordinance. Motion carried unanimously, ~
with Commissioner London not present.
ORDINANCE NO. 037-1996
See Ord. Book No. 40 which is incorporated herein by reference.
A Public Hearing was held concerning adoption an
Ordinance amending section 2-282, Subsections (a) and (b);
Revising the membership of the County Arts Council; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code; and providing an effective date. There was
no pUbic input. Motion was made by commissioner Harvey and
seconded by Commissioner Douglass to adopt the following
Ordinance. Motion carried unanimously, with Commissioner London
not present.
ORDINANCE NO. 038-1996
See Ord. Book No. 40 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of
Ordinances establishing certain rules of Conduct and Operational
Procedure by providing for restrictions on Alcoholic Beverages;
Posting of signs regarding Drug Possession and Exchange; Hours of
Operation; Procedures for use for Special Events; Assemblies and
other Recreational Activities in Baypoint Park, Bernstein Park,
Big Coppitt Park and Wilhelmina Harvey Park; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective
date. There was no public input. Motion was made by
Commissioner Harvey and seconded by Commissioner Douglass to
adopt the following Ordinances. Motion carried unanimously, with
Commissioner London not present.
ORDINANCE NO. 039-1996
ORDINANCE NO. 040-1996
*
ORDINANCE NO. 041-1996
96/225
ORDINANCE NO. 042-1996
See Ord. Book No. 40 which is incorporated herein by reference.
*
A Public Hearing was held concerning adoption of an
Ordinance amending section 3-12(2) in order to change the number
of signors to affidavits for animal control personnel to act upon
a complaint that alleges a violation of the Monroe County Code of
Ordinances; Providing for severability; Providing for the repeal
of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code; and providing an
effective date. There was no public input. Motion was made by
Commissioner Harvey and seconded by Commissioner Douglass to
adopt the following Ordinance. Motion carried unanimously, with
Commissioner London not present.
ORDINANCE NO. 043-1996
See Ord. Book No. 40 which is incorporated herein by reference.
COUNTY ATTORNEY
County Attorney, James T. Hendrick, addressed the
Board. Motion was made by Commissioner Harvey and seconded by
Commissioner Reich granting approval to advertise an Ordinance
amending Section 3-4, Monroe County Code, requiring that
complaints to Animal Control shall require the name, address and
phone number of the complainant; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date. Motion carried
unanimously, with commissioner London not present.
commissioner London returned to the meeting.
DIVISION OF GROWTH MANAGEMENT
Marine Resources Director, George Garrett, addressed
the Board regarding the review of the Sanitary Wastewater Master
Plan Technical Advisory Committee's (SWMP TAC) recommendations
concerning the Statement of Qualifications (SOQ) received for the
Sanitary Wastewater Master Plan. Mr. Garrett introduced
representatives from the top three firms who made presentations
to the Board concerning the Sanitary Wastewater Master Plan.
After each presentation, the Board held discussions.
The Board then proceeded to ballot on the firms on the
basis of the lowest point total being the firm selected, with the
following results:
96/226
Douglass
Harvey
London
Reich
Freeman
Total
CH2MHill
1
1
1
3
3
7
Dames & Moore
2
2
3
1
2
10
Hazen & Sawyer
3
3
2
2
3
13
On the basis of the above ballot, the Board selected
the firm of CH2MHill for the Sanitary Wastewater Master Plan.
H. T. Pontin, addressed the Board.
Motion was made by Commissioner London and seconded by
Commissioner Douglass authorizing Staff begin contract
negotiations with the firm of CH2MHill. Roll call vote was
unanimous.
Motion was made by commissioner London and seconded by
Commissioner Harvey authorizing Staff to negotiate with Hazen &
Sawyer in regards to the funding of the plan. Roll call vote was
unanimous.
DIVISION OF COMMUNITY SERVICES
The following individuals addressed the Board
concerning closing of the nutritional site at Douglass Community
Center on September 27, 1996: Carmen Turner, Charles Major, Jr.,
representing the Neighborhood Improvement Association; Clayton
Lopez, representing the NAACP-Community Health Committee
Political Action Committee; Norma Jean Sawyer, representing the
Bahama Conch community Land Trust of Key West, Inc., and Emory
Major. County Administrator, James Roberts addressed the Board.
After Board discussion, the matter was referred to Staff.
COMMISSIONERS' ITEMS
commissioner Reich discussed with the Board
reinstatement of building permits for Carlos Sanchez at Block 13,
Lot 13, Venetian Shores and Jerry Potter at 31 N. Bounty Lane,
Buccaneer Point, Key Largo. County Attorney, James T. Hendrick,
addressed the Board. Motion was made by Commissioner Reich and
seconded by Commissioner Harvey to declare the partially
constructed structures a public nuisance within the meaning of
the building permit expiration ordinance; and direct the Growth
Management Division to take action to abate the nuisance by
agreement by the property owner, or failing that, to initiate
court action. Roll call vote was unanimous.
96/227
DIVISION OF COMMUNITY SERVICES
Airport Intern for 1996, Katrina OsBorne, gave the
Board a report regarding her internship at Key West International
Airport.
MISCELLANEOUS
2nd Vice-President of the Monroe County Art's council,
Lucille Feaker, updated the Board on the Council's progress.
MISCELLANEOUS BULK APPROVALS
Motion was made by Mayor Freeman and seconded by
Commissioner Douglass granting approval to remove surplus items
from inventory and dispose same. (Said inventory is incorporated
herein by reference). Motion carried unanimously.
Solid Waste Management Director, Clark Lake, addressed
the Board concerning approval to select and negotiate a contract ~
with S. Barker & Associates, Inc., for engineering services to
evaluate the incinerators at all three (3) landfill sites and to
renew the permit for the Cudjoe Key Lined Landfill. This matter
was continued to later in the meeting.
Community Services Director, Peter Horton, addressed
the Board. Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval of an advertising agency
agreement with Anderson Outdoor Advertising for single agency
management of advertising at the Key West International Airport.
Motion carried unanimously.
SPECIAL PROGRAMS/MONROE COUNTY HOUSING AUTHORITY
Executive Director of the Monroe County Housing
Authority, Henry Haskins, addressed the Board concerning a
Resolution approving the Monroe County Housing Authority "Plan
2000" and requesting Monroe County Land Authority Advisory Board
consideration. Motion was made by Commissioner London and
seconded by Commissioner Harvey directing the Monroe County
Housing Authority Advisory Board to consider the item in
conjunction with the Monroe County Housing Authority and continue
to the next Board meeting in Key Largo. Motion carried
unanimously.
Mr. Haskins also addressed the Board concerning a
Resolution approving the set-aside of HOME and/or SHIP Program
funds in compliance with state and federal regulations as
required for mUlti-family rental and homeownership project/site
96/228
specific use under the sponsorship of the Monroe County Housing
Authority and the Monroe County Finance Authority. Motion was
made by Commissioner London and seconded by Commissioner Douglass
to continue to the next Board meeting in Key Largo. Motion
carried unanimously.
Tommy stevens, Chairman of the Monroe County Housing
Finance Authority, addressed the Board.
COUNTY ADMINISTRATOR
County Administrator, James Roberts and Chris Lehman,
of Commonwealth Consulting Corporation, updated the Board on the
Ballistic Missile Defense and Navy Excess Property.
Mr. Roberts and Managing Director of Public Financial
Management, Inc., LaVon Wisher, addressed the Board. Motion was
made by Commissioner Reich and seconded by Commissioner Douglass
granting approval of the recommendation from the Financial
Advisor to reject proposals from underwriters and to utilize a
competitive sale process based on prices. Roll call vote was
unanimous.
Mayor Freeman excused herself from the meeting.
Ms. Wisher addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Douglass granting
approval for Public Financial Management to replace the debt
service reserve account associated with Monroe County's
outstanding Sales Tax Revenue Bond with a surety, contingent upon
legal review. Motion carried unanimously, with Mayor Freeman not
present.
Mayor Freeman returned to the meeting.
Motion was made by Commissioner Douglass and seconded
by Commissioner London granting approval and authorizing
execution of an employment contract between Monroe County and
James T. Hendrick, Esquire, as County Attorney. Roll call vote
was taken with the following results:
Commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
96/229
MISCELLANEOUS BULK APPROVALS
Solid Waste Management Director, Clark Lake, returned ~
to the meeting to re-address the Board on the approval to select
and negotiate a contract with S. Barker & Associates, Inc., for
engineering services to evaluate the incinerators at all three
(3) landfill sites and to renew the permit for the Cudjoe Key
Lined Landfill. Motion was made by Commissioner London and
seconded by Commissioner Douglass to continue to the next Board
meeting in Key Largo. Motion carried unanimously.
PUBLIC HEARING
A Public Hearing was held to amend the Law Library
Trust Fund #103. There was no public input. Motion was made by
Commissioner London and seconded by Commissioner Reich to adopt
the following Resolution concerning an amended budget. Motion
carried unanimously.
RESOLUTION NO. 298-1996
See Res. Book No. 131 which is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, handed out to
the Board a document entitled Historical Perspective of the
Relationship between Monroe County Government and the Federal
Emergency Management Agency , prepared by Monroe County Growth
Management Division, July 1996.
Mr. Herman, updated the Board on the cesspit
replacement program and discussed the scheduling of agenda items
before the Board.
County Attorney, James T. Hendrick, updated the Board
on the following legal issues: the proposed McDonald's at
Tradewind's Plaza; a lawsuit filed by the lawfirm of Mattson &
Tobin challenging the Commercial RaGa; Sunshine Key; Whispering
Pines; Dowsett's; Hills & O'Daniel, and the Noise Ordinance
litigations.
Mr. Hendrick discussed the Atwell Settlement Agreement
which was ready for the Mayor's execution.
DIVISION OF SOLID WASTE MANAGEMENT
Solid Waste Management Director, Clark Lake, informed
the Board that effective July 1, 1996 corrugated cardboard and
household batteries would be included in the residential
*
96/230
recycling collection.
DIVISION OF MANAGEMENT SERVICES
County Administrator, James Roberts, addressed the
Board. Motion was made by Commissioner London and seconded by
Commissioner Harvey to schedule the regular Board meeting on
September 19, 1996. Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Freeman discussed with the Board additional
funding for the 1997 Summer Recreation Program. Motion was made
by Commissioner Reich and seconded by Mayor Freeman authorizing
the amount of $123,000 for the 1997 Summer Recreation Program.
Roll call vote was unanimous.
DIVISION OF MANAGEMENT SERVICES
H. T. Pontin, addressed the Board. Mr. Roberts
announced the proposed millage rate of 7.4303% at 4.31% over
roll-back. Motion was made by Commissioner Reich and seconded by
Commissioner Douglass to certify the proposed millage rate to the
Property Appraiser. Roll call vote was unanimous. (See
attached) .
DIVISION OF PUBLIC WORKS
Public Works Director, Dent Pierce, addressed the Board
concerning a report on the FAA Navigational Tower at Higgs Beach.
No official action was taken.
Mr. pierce and Public Facilities Maintenance Director,
Carlos Zarate, addressed the Board concerning existing lease
agreement with Sunset Watersports, Inc. located at Higg's Beach.
County Attorney, James T. Hendrick, also addressed the Board.
This matter was referred to Staff.
Mr. Pierce and Mr. Zarate gave a maintenance cost
report to the Board on Tamarac Park. No official action was
taken.
COMMISSIONERS' ITEMS
Public Works Director, Dent Pierce, addressed the
Board. Motion was made by Commissioner Harvey and seconded by
96/231
commissioner London to adopt the following Resolution declaring a
definite time and place for a Public Hearing to consider the
closure of certain sections of Second, Third and Fourth Street,
located on Big Coppitt Key, Florida. Roll call vote was
unanimous.
RESOLUTION NO. 299-1996
See Res. Book No. 131 which is incorporated herein by reference.
Commissioner Douglass discussed with the Board
consideration of waiver of specific types of taxes and fees for
nonprofit organizations where there is negligible cost to the
county in terms of staff time or services. No official action
was taken.
Commissioner London, Public Safety Director, Reggie
Paros, and County Administrator, James Roberts discussed with the
Board Hurricane Shelter Management. No official action was
taken.
DIVISION OF COMMUNITY SERVICES
community Services Director, Peter Horton, addressed
the Board concerning air-conditioning at the Key West
International Airport.
COUNTY ADMINISTRATOR
Mr. Roberts discussed with the Board a Code Review
Workshop date and updated the Board on the Pharmaceutical
program.
Mr. Roberts reviewed with the Board monthly financial
documents as prepared by the Office of Management and Budget and
very preliminary budget trends for the next fiscal year.
COUNTY CLERK
Motion was made by Commissioner Douglass and seconded
by Commissioner Reich granting approval of a one (1) year
extension of the Contract between Monroe County and Kemp & Green,
P.A., certified Public Accountants, to provide an audit of Monroe
County, County Constitutional Officers, and the Land Authority at
the same costs and under the same terms and conditions as the
existing contract. Motion carried unanimously.
96/232
COUNTY ATTORNEY
County Attorney, James T. Hendrick, discussed with the
Board the following litigation: Post, Buckley, Schuh & Jernigan;
Avis Rent-A-Car; Florida Keys Taxi Dispatch and Littlejohns
Restaurant at Higgs Beach. Motion was made by Commissioner
London and seconded by Commissioner Harvey authorizing the County
Attorney to proceed with eviction proceedings concerning
Littlejohns Restaurant. Motion carried unanimously.
Mr. Hendrick discussed monitoring of Fines &
Forfeitures and costs recovery.
*
*
*
*
*
DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
BOARD OF GOVERNORS
The Board of Governors of District #1 Lower and Middle
Keys Fire and Ambulance District convened. Present and answering
to roll call were Mayor Freeman, Commissioner London and
Chairman Douglass. Absent were Commissioner Arthur French and
Commissioner Hal Halenza.
Motion was made by Commissioner London and seconded by
Mayor Freeman to certify the proposed millage rate of 1.0441% to
the Property Appraiser. Roll call vote was unanimous. (See
attached) .
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
*
*
*
*
*
The Board of County Commissioners reconvened with all
Commissioners present and adjourned.
O:.cJ~ c. ~A~
Deputy Clerk '
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