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09/19/2001 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2001/268 Regular Meeting Board of County Commissioners Wednesday, September 19,2001 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:30 A.M., on the above date at the Marathon Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner Dixie Spehar, Commissioner Nora Williams, and Mayor George Neugent. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; James Hendrick, County Attorney; County Staff, members of the press and radio; and the general public. A Special Ceremony was held in recognition of the tragedy that occured in New York City on September 11, 2001. COMMISSIONERS' ITEMS Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the following Resolution recognizing the efforts of the Fire/Rescue Service. RESOLUTION NO. 350-2001 Said Resolution is incorporated herein by reference, ADDITIONS, CORRECTIONS, DELETIONS There were no Additions, Corrections, or Deletions made to the Agenda. BULK APPROVALS Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of the following items: Board granted approval and authorized execution of a Professional Consulting Services Agreement between Monroe County and DMG-Maximus, Inc., under the State of Florida Contract 973-001-00-1, to conduct a comprehensive review of and provide a report on Fleet Management's operation and practices. Board granted approval to award bid and enter into a contract between Monroe County and Houston Air, Inc. for the AlC Maintenance and Repair for the Upper Keys Facilities. 09/1912001 200l/268A Board granted approval to award bid and enter into a contract between Monroe County and Robbies Safe Harbor Marine Enterprises, Inc" for the beach cleaning, maintenance, and beautification at Higgs Beach, Little Duck Key Beach, and Harry Harris Beach, Board granted approval to revise the fee structure for the use of Monroe County Government Meeting Rooms reflecting more current costs for services. Board accepted the monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of Change Order No. 1 with Synagro Southeast, Inc. for Storm Sewer Cleaning II in the amount of $29,736.25 Board granted approval for the replacement of Exhibit II on all four (4) existing franchise contracts - Bland Disposal Service, Inc., Mid-Keys Waste, Inc., Keys Sanitary Service, and Ocean Reef Club, Inc., to reflect Fiscal Year 2002 residential and commercial collection rates, Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of the 5th year Small County Solid Waste Grants Funds. RESOLUTION NO. 323-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of the 14th year Solid Waste Tire Grant Funds, RESOLUTION NO. 324-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of the 14th year Recycling and Education Grant Funds. RESOLUTION NO. 325-2001 Said Resolution is incorporated herein by reference. Board granted approval to submit Part II of the Fiscal Year 2001 Solid Waste Recycling and Education Grant to the DEP. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Department of Environmental Protection for the acceptance of the 9th year Litter Control and Prevention Grant Funds, 09/1912001 2001/269 RESOLUTION NO. 326-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Momoe County and Clean Florida Keys, Inc" to provide disbursement of funds from the Litter Control and Prevention Grant. Board granted approval and authorized execution of Amendment to Youth Services Contract #WIA- YS-PY'00-25-06 between Monroe County and South Florida Employment and Training Consortium (SFETC) increasing the funds by $7,318 for service provider cost. Board granted approval and authorized execution of Contractual Agreement #WWW-PY'01-01-01 between Momoe County and South Florida Employment and Training Consortium (SFETC) for Jim Malloch to continue Liaison Representative duties. Board granted approval of filing FY 2001-2002, State Aid to Libraries Grant Application from the Florida Department of State, Division of Library and Information Services, and execution of same with the proper County authorities. Board granted approval and authorized execution of Master Agreement No, P A 229 for Fiscal Year 7/1/01 thru 6/30/02, between Alliance for Aging, Inc, (Area Agency on Aging for Miami-Dade and Momoe Counties) and the Monroe County Board of County CommissionerslMomoe County Social Services (Monroe County In Home Service Program). Board granted approval to award one surplus bus, unit number 1807-066, to the highest bidder per bid recap of July 23,2001. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement, Contract No. AK594, between Momoe County and the State of Florida Department of Transportation to fund the purchase of one transportation bus to replace the existing aging van in the transportation fleet. Board granted approval and authorized execution of a two year Lease Agreement between Momoe County and Peter O. Dalton for Extension Services office space in Damaron Building in Key Largo, Board granted approval to remove surplus equipment from inventory via disposal/destruction/salvage. Said list is incorporated herein by reference. Board granted approval to remove surplus equipment from inventory via disposal/destruction/trade in and advertising for bids and accepting bids and approval to award surplus to the highest bidder. Said list is incorporated herein by reference, Board granted approval and authorized execution of an Agreement between Momoe 09/19/2001 20011270 County and Medtronic Physio-Contro1 Corporation for the maintenance of biomedical equipment for MSTD 6, in the amount of$5,340.65, effective October 1, 2001. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Elsie S, Marshall, Trustee, to house the Esatcom Satellite dish at a rate of $1 00.00 per month. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Dean-Lopez Funeral Home to provide facilities for the Medical Examiner for an additional one year period, effective October 1, 2001, at $850,00 per month, total of $10,200,00 per year. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Martin Vegue and McCluney Funeral Home to provide facilities for the Medical Examiner for an additional one year period, effective October 1, 2001, with the monthly cost to be based on the number of autopsies and post mortem examinations performed at the facility, at a cost of $70,00 for each service performed each month. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Beyer Funeral Home to provide facilities for the Medical Examiner for an additional one year period, effective October 1,2001, at $215.00 per month, total of$2,580.00 per year. Board granted approval to purchase one (1) 2002 Type III E-450 Emergency Medical Vehicle (ambulance) by "piggybacking" on our own previously awarded competitive bid from Wheeled Coach Industries, Inc, in the amount of $92,274,00 for Key LargoVolunteer Ambulance Corp, Board granted approval and authorized execution of a Grant Agreement, Contract No. DTFA 06-01-A-80266 between Monroe County and the U.S. Department of Transportation Federal Aviation Administration to fund various projects, in the proposed grant amount of $3,325,909.00 at the Key West International Airport. Board granted approval to award bid to Standen Contracting Company for the Noise Insulation Program Phase I construction, for the Key West International Airport in the amount of $1,055,338.00, and approval for the Mayor to execute Contract upon review by the County Attorney. Board granted approval to award bid to Road Runner Markings, Inc" for the Runway Remarking Project at the Key West International Airport in the amount of$39,585.20, and approval for the Mayor to execute Contract upon review by the County Attorney. Board granted approval to award bid to Inflatable Experts for an ARFF Rescue Boat and associated equipment, for the Key West International Airport in the amount of$57,495.00, and approval for the Mayor to execute Contract upon review by the County Attorney. 09/19/2001 2001/271 Board granted approval to award bid to Hypower, Inc., for the P API installation at the Florida Keys Marathon Airport in the amount of $48,674.00, and approval for the Mayor to execute Contract upon review by the County Attorney. Board granted approval to reject all bids for the standby diesel generator and building at the Key West International Airport, and re-advertise the proj ect. Board granted approval and authorized execution of the Marathon Airport Terminal Cleaning Contract between Monroe County and Birds of Paradise's Cleaning Service, Inc. Board granted approval to use the Marathon Airport in 2002 for the Seafood Festival contingent upon meeting all insurance and security requirements. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds, Transfer of Funds, and amending Resolutions: Receipt of Unanticipated Funds (OMB Schedule Item No.1) RESOLUTION NO. 327-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2) RESOLUTION NO. 328-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No, 3). RESOLUTION NO. 329-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 330-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 331-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 332-2001 Said Resolution is incorporated herein by reference, 09/19/2001 Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 333-2001 Said Resolution is incorporated herein by reference, Receipt of Unanticipated Funds (OMB Schedule Item No, 8). RESOLUTION NO. 334-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9), RESOLUTION NO. 335-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 336-2001 Said Resolution is incorporated herein by reference, Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 337-2001 Said Resolution is incorporated herein by reference, Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 338-2001 Said Resolution is incorporated herein by reference, Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 339-2001 Said Resolution is incorporated herein by reference, Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 340-2001 Said Resolution is incorporated here n by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 341-2001 Said Resolution is incorporated herein by reference. 2001/272 09119/2001 20011273 Transfer of Funds (OMB Schedule Item No. 16), RESOLUTION NO. 342-2001 Said Resolution is incorporated herein by reference. Amending Resolution No. 300-2001 (OMB Schedule Item No. 17). RESOLUTION NO. 343-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 344-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19), RESOLUTION NO. 345-2001 Said Resolution is incorporated herein by reference. Board granted approval to spend Transportation Impact Fees, in the amount of $16,219.28 to reimburse fund 102, Road and Bridges for construction of new bike paths and widening of collector roads for the period October 1997 through September 2000. Board granted approval to accept proposal from Florida Municipal Insurance Trust and renew Agreement #386 at a net annual premium of$157,001 to be paid in quarterly installments of$52,333 to Florida League of Cities. First installment due on October 15, 2001. Board granted approval to use the Marathon Airport Terminal January 18, 19, 20th for a Home Show contingent upon meeting all insurance and security requirements. Board granted approval and authorized execution of a Agreement Addendum for Interim Medical Examiner Services between Monroe County and Zhiming Li, MD d/b/a Keys Pathology Associates, P A for Interim District Sixteen Medical Examiner Services. Board granted approval and authorized execution of the Senior Community Service Employment Contractual Agreement, Contract No. OW-PY'01-04-01, between Monroe County and South Florida Employment and Training Consortium PY 2001 - 2002, July 1,2001 through June 30, 2002, and adopted the following Resolution concerning the Receipt of Unanticipated Funds for same. RESOLUTION NO. 346-2001 Said Resolution is incorporated herein by reference. 09/1912001 20011274 MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of expenditures from the Law Enforcement Trust Fund in the total amount of$147,610,OO for the following items: $130,000 This sum will be transferred to the Monroe County School Board to fund the Summer Recreation Programs sponsored by the Monroe County School Board throughout the County. $ 3,000 This amount will go towards a contribution for the Florida Corrections Accreditation Commission. $ 35,000 This amount will go towards a challenge grant for Take Stock in Children, $ 5,150 This amount will purchase equipment for the athletic programs at the Island Christian School. $ 4,000 School. This sum will go towards a Challenge Day at the Coral Shores High $ 5,460 This sum will go towards the Silence Hurts campaign to send students to the Youth Summit in Orlando, Florida. Board granted approval of disposition of inventory items for the month of September, 2001, in the amount of $96,803.41. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Agreement between Monroe County, Monroe County Sheriffs Office and the City of Marathon for FY 2002 local road patrol law enforcement service, Board adopted the following Resolution acknowledging FY 2002 negotiated rates for Local Law Enforcement Services for Village of Islamorada and approving transfer ofFY 2001 surplus. RESOLUTION NO. 347-2001 Said Resolution is incorporated herein by reference. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution approving an increase in Monroe County's State Housing Initiatives Partnership (SHIP) Programs maximum sales price limits. RESOLUTION NO. 348-2001 Said Resolution is incorporated herein by reference, COMMISSIONERS'ITEMS 09/19/2001 2001/275 Board granted approval of Mayor Neugent's re-appointment of David Ritz to the Planning Commissioner Board with term expiring September 2003. Board adopted the following Resolution supporting Article V!Revision 7 clarifying county responsibility for funding court operations, specifically as it relates to facilities, security, communication services, existing radio systems, and existing multi-agency information systems. Immediate state funding of essential court elements, including but not limited to, juror compensation, court reporting services, court interpreter/translator service, conflict counsel, witness fees, and expert witness fees, RESOLUTION NO. 349-2001 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Williams appointment of Sylvia Murphy to the Human Services Advisory Board to fulfill the term of Parry Schmidt who recently resigned the position, with term expiring October 2002. Board granted approval to require Public Works to request input from the land owner or managing agency when undertaking projects adjacent to public or private conservation or park lands, Board adopted the following Resolution honoring the memory and community service of the late Captain Jerry Holmes, who passed away on August 11,2001 at the age of 50. RESOLUTION NO. 351-2001 Said Resolution is incorporated herein by reference Board adopted the following Resolution honoring the memory and community service of the late Emma Carrero Cates. RESOLUTION NO. 352-2001 Said Resolution is incorporated herein by reference Board granted approval to advertise an Ordinance defining human rights, prohibiting violations of such rights, providing remedies, amending classifications in Fair Housing Article; 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. COUNTY CLERK FINES & FORFEITURES Court Reporter Services, All Keys Reporting, in the amount of$263.75; Amy Landry Reporting, in the amount of$623.50; Associated Court Reporters, in the amount of$2,272.50; 09/19/2001 2001/276 Atlantic Reporting, in the amount of $270.00; Bickford & Melton Reporting, in the amount of $76,90; Florida Keys Reporting Inc., in the amount of $404.25; Goldman, Naccarato, Patterson, in the amount of$60.00; Martin B. Leshaw, in the amount of$72.25; Monroe County Court Reporters, in the amount of$239.75; Narup Vouvakis Associates, in the amount of$67.50; Professional Shorthand Reporting, in the amount of$218.80; Rebecca J, Wimer, in the amount of$167.10; Wendy Warren, in the amount of$495.00. Competency Evaluation, A. Louis Oconnor PHD, in the amount of $350.00; Fredrick L. Covan PHD, in the amount of $400.00; Guillermo Marcovici MD, in the amount of $450.00; Henry M. Storper MD, in the amount of $550.00; James W. Holbrook EDD, in the amount of$2,050.00; Leslie Morgan PHD, in the amount of$350.00; Marshall Wolfe EDD, in the amount of$I,050.00; Thomas Hibberd PHD, in the amount of$350.00. Court Interpreter, Alex Diaz, in the amount of$175,OO; Ana M. Stults, in the amount of$25.00; Claudia M. Hancock, in the amount of$355,OO; Connie Aguero, in the amount of$80,OO; Estrella Garcia, in the amount of$115.00; Grace Connors; in the amount of $55.00; Heidi D'Alquen, in the amount of$25.00; Jean C. Nelson, in the amount of$350.00; Mary Lou Waas, in the amount of$347.84; Sergio Alvarez, in the amount of$270,OO. Witness Coordination, Witness Payroll, in the amount of $190,00; Witness Travel & Per Diem, in the amount of$7,394.58. Expert Witness Expenses-Conflict, Final Analysis, in the amount of $4,205,78; Robert C, McDowell, in the amount of$150.00. Court Appointed Attorney Fees -Conflict, Charles M. Milligan, in the amount of$716.25; Christopher Meyer, in the amount of $787.50; Giovana L. Upson ESQ, in the amount of$382.50; Halford Schuhmacher ESQ, in the amount of$690.20; John p, Rotolo PA, Inc., in the amount of$I,402.50; Laurie Hall ESQ, in the amount of$I,987,50; Margaret A. Broz ESQ, in the amount of$675.00; Richard M. Behr, in the amount of $705,00; Richard Wunsch, in the amount of $5,006.25; Stephen S, Isherwood, in the amount of$I,470.00. Extraditions, Monroe County Sheriffs Dept., in the amount of$8,180.75. Other Services Circuit, A & A Legal Service, in the amount of$89,OO; Ace Detective & Security, in the amount of$132,04; Avis Rent A Car System Inc., in the amount of$154.13; Francis J. Trapasso & Associates, in the amount of$145,OO; Joshua Blacksten, in the amount of $295.26; Key West TraveVCondo, in the amount of$I,605,50; Sara Bryson, in the amount of $215,92; Sheri L. Collins, in the amount of$455.22; State of Florida, in the amount of$436,16; William Kuypers, in the amount of$593.19, Miscellaneous Expenses, Chartone Inc" in the amount of$23.10; Reliable Correspondence Corp" in the amount of$186.90; State of Florida, in the amount of$401.40. WARRANTS Board approved the following Warrants (#53141-55188 & 201229-201464): General Fund (001), in the amount of$I,039,415,64; Sup to General Revenue (002), in the amount of $14,496.44; Fine & Forfeiture Fund (101), in the amount of$2,521,259.09; Road and Bridge Fund (102), in the amount of$438,626,91; Law Library Fund (103), in the amount of$7,227.67; TDC District Two Penny (115), in the amount of$203,71O.68; TDC Admin & Promo 2 Cent (116), in the amount of$194,847.40; TDC District 1,3 Cent (117), in the amount of$167,320.41; TDC District 2,3 Cent (118), in the amount of$8,517.02; TDC District 3,3 Cent (119), in the amount of $23,826.06; TDC District 4,3 Cent (120), in the amount of$10,633,97; TDC District 5,3 Cent (121), in the amount of$15,514,50; Gov. Fund 09/1912001 2001/277 Type Grants (125); in the amount of$1,744,298.95; Impact Fees Fire and EMS (135), in the amount of $14,400,00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$265,733.66; Translator System Svc Dst (142), in the amount of $6,206,07; Upper Keys Health Care (144), in the amount of$102,863.72; Fire & Amb Dist 6 Key Largo (146), in the amount of $20,148.41; Uninc Svc Dist Parks & Rec (147), in the amount of$31,698.86; Plan, Build, Zoning (148), in the amount of$57,453.62; Municipal Policing (149), in the amount of $367,321.49; 911 Enhancement Fee (150), in the amount of$28,824.09; Duck Key Security (152), in the amount of$6,304.25; Local Housing Assistance (153), in the amount of $11,933.68; Boating Improvement Fund (157), in the amount of$13,721.16; Misc. Special Revenue Fund (158), in the amount of$1,665.65; FL Keys Marine Marathon (159), in the amount of$15,055,17; Environmental Restoration (160), in the amount of $3,000.00; 1 Cent Infra Surtax (304), in the amount of $274,990. 14; Clerks Rev Note, Capital (306), in the amount of$6,851.46; Card Sound Bridge (401), in the amount of$7,861.93; Marathon Airport (403), in the amount of$72,307.15; Key West Inti Airport (404), in the amount of $520,330.28; MSD Solid Waste (414), in the amount of$918,401.52; Worker's Compensation (501), in the amount of$12,005.08; Group Insurance Fund (502), in the amount of $302,219.33; Risk Management Fund (503), in the amount of$26,088.64; Fleet Management Fund (504), in the amount of$170,638.09; Law Enforcement Trust Fund (600), in the amount of$128,309,70. TOURIST DEVELOPMENT COUNCIL EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of August 2001: Advertising, in the amount of $51 ,946.49; Bricks & Mortar Projects, in the amount of$1,102.12; Chamber Payments, in the amount of$41,749.98; Events, in the amount of$24,793.91; Office Supplies & Oper Costs, in the amount of $28,970.82; Personal Services, in the amount of$57,488,97; Public Relations, in the amount of $76,834.68; Sales & Marketing, in the amount of $54,249.60; Telephone & Utilities, in the amount of$11,589.85; Travel, in the amount of$7,989.92. Board granted official approval of the Board of County Commissioners minutes from the Special meetings of July 12, 20, 24 and 31, 2001 and Regular meetings of July 18 and 19,2001. Board granted approval and authorized execution of an Agreement between Monroe County and Kemp & Green, P.A., Certified Public Accountants for the purpose of providing audit of County records, as required by F ,S, 11.45, commencing August, 2001 and to be for the next consecutive three years with the option of extending the contract for one additional year. COUNTY ADMINISTRATOR Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County and the State of Florida, Department of State, Division of Elections for the purpose of providing funding on behalf of the Monroe County Supervisor of Elections for poll worker training and voter education. 09/19/2001 2001/278 COUNTY ATTORNEY Board granted approval for the Mayor to execute 2 Quitclaim Deeds transferring to the City of Marathon the Marathon Community Park - Phase I and the Coco Plum Beach. Board granted approval and authorized execution of Addendum IT to Grant Contract and Release from Conditions of Grant Contract, Proposal Number 95-001-CS3, between Monroe County and Florida Communities Trust. Board granted approval and authorized execution of Addendum V to Grant Contract and Release from Conditions of Grant Contract, Proposal Number 93-001-CS1, between Monroe County and Florida Communities Trust. Board granted approval and authorized execution of Amendment I Grant Award Agreement and Release and Acceptance of Conditions of Grant Award Agreement, FCT Project #91-041-P1A, between Monroe County and Florida Communities Trust. Board granted approval and authorized execution of a Lease between Monroe County and the City of Key West for additional parking space at the Key West Animal Shelter. Board granted approval to advertise an Ordinance establishing a speed limit of 25 miles per hour on all County Roads; providing for exceptions to the 25 mile per hour speed limit for certain County Roads; 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. Board granted approval to advertise an Ordinance creating Section 3-7(5)(e), Monroe County Code, in order to allow in County facilities, parks and beaches, animals that playa work-related role; 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. Board adopted the following Resolution approving the issuance by the Monroe County Industrial Development Authority of its private activity revenue bonds in an aggregate principal amount not to exceed $7,900,000, the proceeds from the sale of which will be used to provide the necessary funds to the Authority to make a loan to North Key Largo Utility Corp, in a principal amount equal to the principal amount of said bonds for the primary purposes of financing the acquisition, construction, equipping, expansion and improvement of certain water supply, treatment and transmission facilities and certain other related capital improvements, RESOLUTION NO. 353-2001 Said Resolution is incorporated herein by reference Motion carried unanimously. 09/19/2001 2001/279 MISCELLANEOUS BULK APPROVALS Public Works Director Dent Pierce addressed the Board, Motion was made by Mayor Neugent and seconded by Commissioner McCoy granting approval and authorizing execution of a Amendment to Agreement between Monroe County and Cayo Hueso Parking, Inc. to terminate lease providing 10 assigned parking spaces for the State Attorney's office at Jackson Square. Motion carried unanimously, Commissioner Nelson discussed the disapproval of the Health Care Responsibility Act (HCRA) In-County Hospital Reimbursement with the Board. Louis LaTorre, Director of Social Services and James Roberts, County Administrator addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar to disapprove the Health Care Responsibility Act (HCRA) In-County Hospital Reimbursement. Roll call vote was unanimous. Attorney Adele Stones, representing Toppino's, Inc,; Mil Reisert, P,E., representing URS Greiner, County Attorney James T. Hendrick, and Key West Airport Director Peter J. Horton addressed the Board. The following individuals also addressed the Board: Dick Ramsey, Betty Vail, and Attorney Michael Barnes, representing Hangars On. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to waive Purchasing Policies & Procedures and award bid to the lowest bidder, Toppino's, Inc" for the ExoticlNuisance Vegetation Removal and Cleanup Project at the Key West International Airport, upon review by the County Attorney; and award bid to the lowest bidder, Toppino's, Inc" for the FBO (Fixed Base Operator) Aprons and the Sheriffs Apron at the Florida Keys Marathon Airport, upon review by the County Attorney, Roll call vote was unanimous. Mr. Horton addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval of award of bid to PI's Land Clearing & Excavating, for the Runway Obstruction Clearing Project at the Key West International Airport, and approval for the Mayor to execute contract upon review by the County Attorney. Motion carried unanimously. The following individuals addressed the Board: Dick Ramsey, and Attorney Michael Barnes, representing Hangars On, Inc. Motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval to award bid to Community Asphalt Corp., for the Taxilanes/Connectors and T -hangar Development at the Florida Keys Marathon Airport, and approval for the Mayor to execute contract upon review by the County Attorney. During discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to table the item. Roll call vote was unanimous, Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to table the following items to 1 :30 P.M.: CA5 Approval of Federal Aviation Administration grant to fund various projects at the Florida Keys Marathon Airport, 09/19/2001 2001/280 C.46 Approval to extend the Marathon Runway 800 ft. pending FAA/FDOT funding, environmental approval and FAA approval. C.47 Approval of Lease Amendment with Grantair. C.48 Approval of Lease Amendment with Sheriffs Office. C.49 Approval to advertise a request for proposals/bids for an avionics business at the Marathon Airport, Motion carried unanimously. Mr. Hendrick addressed the Board. Motion was made by Mayor Neugent and seconded by Commissioner Williams granting approval of the following two (2) items: Workers' Compensation Settlement in the amount of$29,500 for claim number 998217-LFE for dates of accident 6/15/92 and 6/24/98. Workers' Compensation excess renewal with AIGlNational Union in the amount of $95,096 and AD&D coverage in the amount of$I,391 for FY 200112002. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval of the following four (4) items: Renew the Rider with The Hartford Life Insurance for our Group Life and Accidental Death & Dismemberment program for FY 2002 (October 1,2001 - September 30, 2002.) Renewal Agreement for prescription benefit management services with Walgreens Health Initiatives (WHP) through the Keys Physician-Hospital Alliance (KPHA), effective 10/0112001 through 09/0312002. Renewal Agreement with Keys Physician Hospital Alliance (KPHA) for the employer-provider network and utilization review and case management services for the county's employee benefit plan effective 10/0112001 through 09/3012002. Extend the current Employee Assistance Program Renewal Agreement on a month-to-month basis for up to six (6) months for the Employee Assistance Program with the Mental Health Care Center of the Lower Keys, Inc., d/b/a Care Center for Mental Health for the employees of Monroe County and their dependents. Motion carried unanimously, 09/19/2001 20011281 DIVISION OF PUBLIC WORKS County Engineer Dave Koppel discussed with the Board proposed projects for inclusion in the Florida Department of Transportation upcoming Five Year Work Program. Mr. Koppel was requested to send FDOT a list of projects requested by Monroe County. AIRPORTS Mr. Horton reported to the Board concerning increased security at the Key West International Airport, Sheriff Richard Roth addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Mayor Neugent authorizing the Sheriff to hire two (2) deputies and six (6) community service aides for security at the Key West International Airport, with the airport paying costs. Motion carried unanimously. Mr. Horton announced that the date for the dedication of the new Air Rescue Firefighting Facility located at the Key West International Airport is scheduled for October 17, 2001 at 12:00 noon (which coincides with the regular Key West Board meeting), and indicated the ceremony will be dedicated to the firefighters who lost their lives in New York City. DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors for District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Mayor George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, Chairperson Yvonne Harper. Public Safety Director, Reggie Paros reported to the Board concerning staffing levels in the District. Andy McBroom, representing the Professional Firefighters of Monroe County; and Larry Sullivan, representing the Big Pine Key Civic Association addressed the Board, After discussion, motion was made by Commissioner Spehar and seconded by Mayor Neugent that the Board find funding for three (3) career service persons for the Lower Keys, District 1. Mr, Roberts addressed the Board. After further discussion, the motion was amended by the maker with the second accepting to change from three (3) career service persons to one (1) career service person for District 1, Roll call vote was unanimous. Mr, Paros addressed the Board. Motion was made by Mayor Neugent and seconded by Commissioner McCoy granting approval and authorizing execution of an Interlocal Agreement, as revised, between the Lower and Middle Keys Fire and Ambulance District and the City of Marathon concerning provision of fire rescue and emergency medical services within and adjacent to the municipal boundaries of the City of Marathon on a quarterly basis, effective October 1, 2001. Roll call vote was unanimous. 09/19/2001 2001/282 Motion was made by Mayor Neugent and seconded by Commissioner McCoy for the acceptance of proposal and approval of Agreement with Medtronic Physio-Control Corporation for the maintenance of biomedical equipment for Lower and Middle Keys Fire and Ambulance District, in the amount of$12,334.75, effective October 1,2001. Roll call vote was unanimous, 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. AIRPORTS Mil Reisert, P.E" representing URS Corporation Southern made a presentation to the Board concerning services as General Airport Consulting Engineer. SOUNDING BOARD Charles Brooks addressed the Board concerning government policies and ethics. MONROE COUNTY TAX COLLECTOR Danise D. Henriquez, CFC, Tax Collector presented the Board with the recap of the 2000 tax roll and the list of errors and insolvencies for the 2000 tax roll, and request that the 2001 tax roll be extended and the tax bills be mailed prior to the completion of Value Board Hearings. Motion was made by Commissioner Spear and seconded by Commissioner Williams approving the item. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Nelson and seconded by Commissioner Spehar granting approval and authorizing execution of a Lease Agreement between Monroe County and the Monroe County Tax Collector, for the (Drivers License Building) at the Key West International Airport. Motion carried unanimously, The following individuals addressed the Board: Carol Collins, Brad Neat, Kevin Finney, Paul Goodwin, Tony D'Aiuto, representing Antique Air; Dick Ramsey, Dan Zeig, Michael Barnes, and Dick Rudell. Mr. Roberts and Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval of a Lease Amendment between Monroe County and Grantair and requested that URS Greiner come back to the Board with a report on the equivalency of the proffered space. Roll call vote was unanimous. 09/1912001 20011283 Motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval of award of bid to Community Asphalt Corp., for the Taxilanes/Connectors and T -hangar Development at the Florida Keys Marathon Airport, and approval for the Mayor to execute contract upon review by the County Attorney. Motion carried unanimously, Attorney Michael Barnes, representing Hangars On, Inc" and Brian C, Schmitt, representing Marathon Hangar Development, Inc., addressed the Board. Mr. Roberts addressed the Board, After discussion, motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval and authorizing execution of U.S. Department of Transportation Federal Aviation Administration grant contract number DTFA-06-01-A-80267, to fund various projects at the Florida Keys Marathon Airport. Motion carried unanimously. Dick Ramsey addressed the Board. Marathon Airport Director, Theresa Cook addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval to extend the Marathon Runway 800 ft., pending F AAlFDOT funding, environmental and FAA approval. Motion carried unanimously, Motion was made by Commissioner Williams and seconded by Commissioner McCoy granting approval and authorizing execution of a Lease Amendment between Monroe County and the Monroe County Sheriff for a site at the Marathon Airport for use as a hangar. Motion carried unanimously, Betty Vail, Dick Ramsey, and Rob Grant, representing Grantair addressed the Board, Ms, Cook addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval to advertise a request for proposals/bids for an avionics business at the Marathon Airport. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending section 2-15,I(b) Monroe County Code, in order to change the Department title of Civil Defense to Emergency Management; Authorizing the Sheriff to declare a State of Local Emergency: 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. Sheriff Richard Roth addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously, ORDINANCE NO. 030A-2001 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance prohibiting parking on County roads during certain times for the purposes of street cleaning; Providing that parking prohibition for street cleaning purposes is not effective until official signs stating the parking prohibition have been in place for thirty days; Providing for penalties; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into 09/1912001 2001/284 the Monroe County Code of Ordinances; and Providing an effective date. The Board accepted public input with the followings individuals addressing the Board: Ray Chote and Orin Opperman, representing the Stock Island Business & Home Owners Association. Motion was made by Commissioner Williams and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 031A-2001 Said Ordinance is incorporated herein by reference. COMMISSIONERS'ITEMS Mayor Neugent discussed his item with the Board concerning approval from the Board requesting termination of existing agreement with Department of Community Affairs that disallows use of Big Pine School for community purposes. The following individuals addressed the Board: Duncan Mathewson, representing the Big Pine Neighborhood Charter School, Inc.; Peter Rosasco, and Rebecca Jetton, representing the Department of Community Affairs, No official action was taken by the Board. Mr. Ed Fussell of the Florida Keys Mosquito Control Board gave an educational presentation on the West Nile Virus. Commissioner Spehar discussed her item with the Board concerning Ordinance 029-2001, providing exceptions to address risks to property, public health and safety for an issuance of building permits to owners of any parcel with an unlawful use of improvement. The following individuals addressed the Board: Simon Klein, Attorney Lloyd A. Good, Jr" Michele Hardin, and Jack Martin, representing the Key West Chamber of Commerce. After Board discussion, Commissioner Spehar withdrew the item. PUBLIC HEARINGS The continuation of the July 18, 2001 Public Hearing was held to consider adoption of an Ordinance by adding Section 9.5-124, Non-Residential Rate of Growth Ordinance (NROGO); Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and directing the Clerk of the Board to forward a certified copy of the Ordinance to the Florida Department of Community Affairs; and Providing an effective date. There was no public input. Planning Director, Marlene Conaway addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the following Ordinance, Motion carried unanimously. ORDINANCE NO. 032-2001 Said Ordinance is incorporated herein by reference. The second of two Public Hearing was held concerning adoption of an Ordinance amending Article VII Division 16 of the Monroe County Land Development Regulations, 09/1912001 20011285 Section 9,5-434, Wireless Communications Facilities; and Sections 9.5-232 through 9.5-254, permitted uses; to establish regulations and standards for the zoning and management of wireless communications facilities within unincorporated Monroe County; Providing severability; Providing for conflict with other code provisions; and Providing an effective date. The Board accepted public input with the following individuals addressing the Board: Ray Chote, Jon Shamres, representing Nextel Communications; Casey Lott, representing the National Audobon Society; Tina and Dennis Henize, representing the Citizens Tower Ordinance Study Group; Barbara Smith, and Phil Frank, representing the U.S. Fish & Wildlife, Attorney Tyson Smith of the firm Freilich, Leitner & Carlisle, representing Monroe County addressed the Board. Commissioner Nelson excused himself from the meeting. After discussion, motion was made by Commissioner Williams and seconded by Commissioner McCoy to adopt the following, Ordinance, as amended. Said amendments as follows: First Amendment, Replace existing subparagraph 3 of Section 434.5(b)(1)b. with the following language: "Replacement antenna-supporting structure foundations (excluding guy wire anchors) constructed on a property or properties which is/are contiguous to the right-of-way of U.S. Highway 1 shall not be any closer to such right-of-way than the foundation of the original antenna-supporting structure being replaced."and renumbering existing subparagraph 3 of Section 434.5(b)(1)b. to subparagraph 4. Second Amendment, Remove all references to the following land use districts in the proposed ordinance including language in proposed Division 16, "Wireless Communications Facilities," including all sections in Article VII, Division 2, "Permitted Uses," that pertain to the following districts: Commercial Fishing Special Districts (CFSD) 3, 9, 10, 11, 14, 15, 18 and 19. Roll call vote was unanimous, with Commissioner Nelson not present. ORDINANCE NO. 033-2001 Said Ordinance is incorporated herein by reference Commissioner Nelson returned to the meeting, A Public Hearing was held concerning adoption of a Resolution approving amendments to the Development of Regional Impact (DRI) Development Order, Resolution 365-1986, and modifications to the Major Development Approval for Hawk's Cay expansion DRI; Providing for an effective date. The Board accepted public input with the following individual addressing the Board: Don Johnson, representing Hawks Cay. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 354-2001 Said Resolution is incorporated herein by reference. AIRPORTS Stanley J, Brown, Vice President and CEO of Sunrise Airlines; Mr. Horton, and Mr, 09/19/2001 20011286 Hendrick, addressed the Board. The item was referred to the County Attorney and Commissioner McCoy for appropriate wording to bring back later in the meeting for approval. Commissioner McCoy excused himself from the meeting, COMMISSIONERS' ITEMS Motion was made by Commissioner Williams and seconded by Mayor Neugent granting approval for funding of water quality testing in an amount not to exceed $100,000 to be included from the top of the 30% earmarked by the TDC for capital projects, The $100,000 will be allocated for the Water Quality Protection Program and water quality monitoring. Roll call vote was unanimous, with Commissioner McCoy not present. Commissioner McCoy returned to the meeting. Commissioner Williams discussed her item with the Board of whether or not the County wishes to change its policy regarding the Key Largo Wastewater District. Mr, Hendrick addressed the Board. Burke Cannon, representing the Key Largo Federation; and Charles Brooks addressed the Board. After Board discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar to table the item to the next Board meeting in Key Largo, Roll call vote was unanimous. AIRPORTS The Board returned to Agenda item G.2 concerning approval for Sunrise Airlines, Inc., operated by Florida Air, to commence operations at the Key West International Airport. (KWIA). After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson granting approval for Sunrise Airlines, Inc., operated by Florida Air, to commence operations at the Key West International Airport (KWIA), contingent upon execution of the Letter of Intent and deleting the following: . Advertising/marketing & promotional funds from the Tourist Development Council at a level consistent with our previous discussions. Advertising plan/expenditures to be developed and agreed upon jointly by Florida Air and the TDC, Funds to be made available upon Florida Air's receipt of DOT approval to provide scheduled air service, and may be used to promote service to both Key West and Marathon. . Reimbursement to Florida Air by the Marathon Airport Authority costs of security checkpoint equipment (baggage X-ray device). (Florida Air will provide manpower to operate security checkpoint for all Florida Air flights). This item has also been previously discussed with the Authority, Motion carried unanimously, 09119/2001 2001/287 BUDGET PUBLIC HEARINGS Jennifer Hill, Budget Director announced the tentative millage rates for Fiscal Year 2002. County Administrator James Roberts made a presentation and referred the Board to his memorandum dated September 17, 2001. Chief Judge Richard G. Payne addressed the Board, After discussion, motion was made by Commissioner Williams and seconded by Commissioner Spehar approving the Capital Improvement Program, Fund 304, as illustrated in the agenda item B2. Roll call vote was unanimous. Mr. Robert addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Spehar approving the Monroe County Pay Plan to reflect a 7% pay adjustment. Roll call vote was unanimous, The Board accepted public input to discuss the Tentative Fiscal Year 2002 Budget: Bill Smith and Steve Henson, representing Florida Keys Contractors addressed the Board, A Public Hearing was held concerning adoption of a Resolution approving the final Residential Solid Waste Collection, Disposal and Recycling Rates for Fiscal Year 2002. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 355-2001 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution establishing the final per month Fiscal Year 2002 Commercial Solid Waste Collection, Disposal, and Recycling Service Rates for commercial properties in the various solid waste franchise areas. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the following Resolution adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 356-2001 Said Resolution is incorporated herein by reference. A Public hearing was held to consider a Budget Amendment to the Fire & Ambulance District 1 Fund #141. There was no public input. Motion was made by Mayor Neugent and seconded by Commissioner McCoy to adopt the following Resolution, Motion carried unanimously. RESOLUTION NO. 357-2001 Said Resolution is incorporated herein by reference 09/19/2001 20011288 * * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors for District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Mayor George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and Chairperson Yvonne Harper. The Board accepted public input to discuss the District 1 Tentative Fiscal Year 2002 Budget. The following individual addressed the Board: Andy McBroom, representing Professional Firefighters ofMomoe County. Ms, Hill announced the District I amended roll-back millage rate, percent increase over roll-back rate and final millage rate. Said millage sheet is attached hereto. Motion was made by Mayor Neugent and seconded by Commissioner Spehar to adopt the following Resolution approving the final millage rate for Fiscal Year 2002. Roll call vote was unanImous. RESOLUTION NO. 358-2001 Said Resolution is incorporated herein by reference Motion was made by Commissioner Spehar and seconded by Commissioner Williams to adopt the following Resolution approving the final budget for Fiscal Year 2002, Roll call vote was unanImous. RESOLUTION NO. 359-2001 Said Resolution is incorporated herein by reference 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. Motion was made by Commissioner McCoy and seconded by Mayor Neugent to adopt the following Resolution approving the final millage rates for Fiscal Year 2002. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson Yes Commissioner Spehar Yes 09/19/2001 2001/289 Commissioner Williams Mayor Neugent No Yes Motion carried. RESOLUTION NO. 360-2001 Said Resolution is incorporated herein by reference Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to adopt the following Resolution approving the final budget and capital plan for Fiscal Year 2002. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson Yes Commissioner Spehar Yes Commissioner Williams No Mayor Neugent Yes Motion carried. RESOLUTION NO. 361-2001 Said Resolution is incorporated herein by reference There being no further business to come before the Board, the meeting was adjourned, Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ik~ t. ~)&~ Isabel C. DeSantis, Deputy Clerk ~ ::; 0.. .... o on o o t::! '" ai E! 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