04/05/1988 Regular
LL 038
Regular Meeting
Board of County Commissioners
Tuesday, April 5, 1988
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in Courtroom "B" at the Courthouse in Key West. Present and
answering to roll call were Commissioner William Freeman,
Commissioner Jerry Hernandez, Jr., Commissioner Michael
Puto, Commissioner John Stormont, and Mayor Eugene Lytton.
Also present were Danny L. KOlhage, Clerk; Lucien Proby,
County Attorney; Randy Ludacer, Assistant County Attorney;
Tom Brown, County Administrator; County Staff; members of
the Press and Radio; and the general public.
All stood for the Invocation and Pledge of
Allegiance to the Flag.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
Mayor Lytton presented the January County Employee
of the Month Award to Mildred Seaman.
Mayor Lytton discussed the Property Appraiser1s
report on the impact of the Land Use Plan. He recognized
the newly re-elected Mayor of Key Colony Beach, Mickey
Feiner, and the Monroe County Property Appraiser, Ervin
Higgs. Mr. Higgs briefly addressed the Board concerning
the report. Grace Manillo addressed the Board and the
Commissioners gave their comments on the report. Tom Brown,
County Administrator was directed to coordinate a Workshop
and to seek the attendance of the Secretarysl of the
Department of Revenue and the Department of Community
Affairs, the Board of County Commissioners, and the Property
Appraiser and his staff. John Dent, attorney representing
the Property Appraiser, addressed the Board.
Mayor Lytton acknowledged the resignation of Mayor
Richard Heyman from the Monroe County Fine Arts Council and
applauded his contributions to that Board. Motion was made
by Commissioner Puto and seconded by Commissioner Hernandez
to appoint Judd Aronson of Key West to replace Richard
Heyman on the Monroe County Fine Arts Council. Motion
carried unanimously.
Mayor Lytton discussed a request from the City of
Key West for assistance in the collection of parking
tickets. Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to refer this matter to the
County Attorney and the Clerk for a report back to the
Commission. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve the following
Resolution supporting the Florida League of Cities position
on unfunded State mandates and supporting amendment of State
Constitution to achieve. Motion carried unanimoUSly.
RESOLUTION NO. 142-1988
See Res Book No. 66 which is incorporated herein by
reference.
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LL 039
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Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve travel for any
County Commissioner to attend the 1988 Legislative Day in
Tallahassee on April 27, 1988. Motion carried unanimously.
Commissioner Puto discussed a proposed meeting date
to discuss the Trauma Taxing Districts. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
refer this matter to the Workshop on the same day as the
Workshop with the Property Appraiser, with the Property
Appraiser1s item to be held in the morning and this item at
3:00 p.m. Motion carried unanimously.
Commissioner Puto's discussion of a letter from the
Lower Keys Friends of Animals concerning a lower fee for
spayed or neutered animals was referred to staff.
Commissioner Puto and the Board discussed the
Transfer Agreement between Monroe County and Baptist
Hospital. No action was taken.
Commissioner Puto discussed the summer recreation
programs. This matter was referred to staff to work with
the School Board and to report back to the Board.
Commissioner Puto, Russell Teall, Danny Kolhage,
Clerk and Lucien Proby, County Attorney, discussed the
operation of the new Tourist Development Council Ordinance.
This matter was referred to the County Attorney for a report
back in two weeks. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to appoint Earl Cheal to the Code
Enforcement Board. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize the use of Switlik Park
on May 1, 1988 by the Marathon Chamber of Commerce with pro-
visions for necessary insurance and liability requirements.
Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to appoint John Duffy to the
Highway Beautification Committee. Motion carried unani-
mously.
Commissioner Stormont discussed the problems with
identification as it relates to the use of the swaycars.
Motion was made by Commissioner Stormont and seconded by
Mayor Lytton that the ID card restriction concerning the use
of sway cars be lessened or waived at the direction of the
Manager of the Municipal Service Taxing District. Motion
carried unanimously.
Mayor Lytton recognized Harry Knight, Monroe County
Tax Collector, City Commissioner Harry Powell, and members
of the Press.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the following items
by unanimous consent:
Board approved the disposal of one Zerox Copier, Serial
t 935-154923 from the premises of the Veterans Affairs
Department.
LL 040
Board approved the removal of surplus equipment from the
inventory of the Public Works Department as follows:
Key West
1981 Ford Flat Bed, 0940-53, IFDNF60H8BVA06675
1976 Ford Pick-up, 0920-318, FIOYNA79571
1978 Ford Van, 0902-305, E14BHK9190
1974 Gas Pump, 0901-007, ToKeim
1974 Gas Pump, 2557-002, Gasboy
1974 Gas Pump, 2557-001, Gasboy
1972 Ford Bus, 0940-149, B70EVP33198
1981 Plymouth 4 Door, 0940-113, 3BR27NIBA126845
1977 Wayne Chipper, 0940-144, C16T-5652
1981 Plymouth 4 Door, 0940-112, 3BR27N3BA126829
1974 GMC Dump Truck, 4102-172, TJV734V560524
1969 Mack Tractor, 4102-312, V609T369
1972 Galion Roller, 4102-115, CRD42625
Wayne Steam Cleaner, 0978-8, Municipal Services
Marathon
1965 Hubert Roller, 4102-267, 2L890
1973 Dodge Pick-up, 4102-130, D24BB35076977
Plantation
1972 Ford School Bus, 0940-150, B70EVP33199
1978 Galion Roller, 4102-313, CRD44180
Cudjoe Key Landfill
1974 Ford Dump Truck, 0920-278, F60DVT00560
Long Key Landfill
1971 Ford Dump Truck, 4102-294, F60EVK00035
Board approved the payment of $600.00 to Lopez Funeral Home
for the Pauper Burial of a deceased male, date of death
2-9-88.
Board approved the payment of $485.00 to Lopez Funeral Home
for the Pauper Burial of a deceased male, date of death
12-25-87.
Board approved the payment of $485.00 to Lopez Funeral Home
for the Pauper Burial of a deceased female, date of death
12-28-87.
Board approved the payment of $485.00 to Lopez Funeral Home
for the Pauper Burial of a deceased male, date of death
(presumed) 12-7-87.
Board authorized payment of TOC expenditures in the amount
of $29,831.52 (Input date 3/10/88), subject to final invoice
approval by the Finance Department.
Board authorized payment of TOC expenditures in the amount
of $168,315.31 (Input date 3/9/88), subject to final invoice
approval by the Finance Department.
Board authorized purchase of the following items for
Emergency Medical Services with funding to come from State
Grant Funds:
Cargo Van Type Vehicle: 1988 3/4 Ton Van from Barrie
Reed in the amount of $10,322.81 (State Contract).
Combination EKG/Defibrillator: Life pak 5 EKG/
Defibrillator with Accessories from Physio Control
in the amount of $8,390.00.
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LL ,041
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Emmett and Katherine Boaz for the placement of a mobile
home below the base flood elevation on Lot 26, Block 2,
Mandalay, Key Largo~ Zoned URM - Urban Residential Mobile
Home~ Coastal Flood Zone A-16, Panel 1004C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of George and Mary DesAutels for the placement of a mobile
home below the base flood elevation on Lot 830, Tract 1,
Silver Shores, Key Largo~ Zoned URM - Urban Residential
Mobile Home~ Coastal Flood Zone A-16, Panel 1011C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Don Ellingwood for a 667 square foot enclosure for
storage only on Lot 23, Block 2, Summerland Key Cove, 6th
Addition, Summerland Key~ Zoned IS - Improved Subdivision~
Coastal Flood Zoned V-12, Panel 1512D.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Peter Flesor for a 422 square foot enclosure for storage
only on Lot 4, Block 1, Largo Sound Park, Bass Avenue, Key
Largo~ Zoned IS - Improved Subdivision~ Coastal Flood Zone
V-21, Panel 0844C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Lorenzo Hernandez for a 466 square foot enclosure for
storage only on Lot 5, Block 4, Ocean Park Village,
Tavernier~ Zoned IS - Improved Subdivision~ Coastal Flood
Zone V-21, Panel 0994C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of R. E. Lucas, Jr., for a 1026 square foot addition to
single family residence <existing 3012 square foot home
built in 1965) Estimated cost of addition $68,800.00 per bid
from contractor on Lot 5, Block 8, Indian Waterways,
Plantation Key~ Zoned IS - Improved Subdivision~ Coastal
Flood Zone V-13, Panel 1131C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of John L. McAdams for a 1537 square foot enclosure for
storage only on Lot 12, Block 2, Summerland Cove Isles,
Summerland Key~ Zoned IS - Improved Subdivision~ Coastal
Flood Zone V-12, Panel 1514C.
........<,',,'"
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of James S. Pedone for a 200 square foot enclosure below the
base flood elevation for storage only, 923 square feet
existing on Lot ~ of 4 and 5, Block E, Puerta Del Sol, Key
Vaca~ Zoned IS - Improved Subdivision~ Coastal Flood Zone
V-17, Panel 1579C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Robert and Edna R. Smith for the placement of a 10 x 20
shed at existing grade on Lot 11, Grieser Avenue I, Big
Pine Key~ Zoned IS - Improved Subdivision~ Coastal Flood
Zone V-12, Panel l537C.
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Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of united Methodist Church for the placement of a 240 square
foot shed at existing grade on part of NE~ of NW~ of Section
26, Key Deer Boulevard, Big Pine Key; Zoned SR - Suburban
Residential; Coastal Flood Zone A-10, Panel 1536C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Richard and Nancy Wilson for the placement of a 10 x 20
square foot shed for storage only on Lot 14, Block 3,
Breezeswept Beach Estates, Ramrod Key; Zoned IS - Improved
Subdivision; Coastal Flood Zone V-12, Panel 1516D.
Board authorized a refund in the amount of $250.00 to Larry
R. Erskine, representing Cunningham, Albritton, Lenzi,
Warner, Bragg and Miller, P.A. and Agent for property owners
in Block 39, Crain1s Subdivision, Grassy Key inasmuch as the
application was withdrawn.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Agreement by and
between Monroe County and Big Brothers - Big Sisters of
Monroe County concerning financial assistance in the amount
of $5,000.
RESOLUTION NO. 143-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Board granted permission to advertise for Public Hearing a
proposed Ordinance concerning the prohibiting of camping on
public property belonging to Monroe County.
AIRPORT
Board approved Amendment #1 FAA AIP-05 Project No.
3-12-0044-05 (Contract No. DTFA 06-85-A-80122), Marathon
Airport concerning 1) deleting the clearing and grubbing
on the runway safety area and 2) decreasing the maximum
obligation to the United States payable under this Offer
to $1,014,444.00.
Board authorized execution of two Engineering Agreements
between the Board of County Commissioners of Monroe County
and Post, Buckley, Schuh & Jernigan, Inc. for professional
services in connection with FAA AIP-03 Key West
International Airport and FAA AIP-06 Marathon Airport con-
cerning accomplishing an Airport Improvement Program at each
Airport.
Board adopted the following Resolution rescinding Resolution
No. 061-1988 which authorized the Chairman of the Board to
execute an Assignment by and between Joseph J. Scarlett, the
County of Monroe, State of Florida and Paul DePoo concerning
Assignment of an Agreement for a hangar located at the Key
West International Airport.
RESOLUTION NO. 144-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
Chairman of the Board to execute an Addendum to Agreement by
LL U43
and between the County of Monroe and Charles Pierce (f/k/a
Pinelog Village, Inc.) pertaining to hangar space at the
Marathon Airport facility.
RESOLUTION NO. 145-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
Chairman of the Board to execute an Addendum to Agreement by
and between the County of Monroe and Safe Air International,
Inc. (f/k/a Fixaire, Inc.) pertaining to aircraft charter
service at the Marathon Airport facility.
RESOLUTION NO. 146-1988
See Res. Book No. 66 which is incorporated herein by
reference.
EXTENSION SERVICES
Board approved payment in the amount of $5,300.00 to Frank
Keevan & Son, Inc. for Boating Improvement Fund services in
repairing markers in the Lakes and Cow Key.
PUBLIC WORKS
Board approved Change Order No. 2 for utility Contracting of
Murfreesboro, Inc. concerning the Catch Basin Rehabilitation
Project.
SOCIAL SERVICES
Board authorized execution of an amendment to Contract
188-1-887 (Title III-B) between United Way of Dade County,
Inc. Area Agency on Aging for Dade and Monroe Counties and
Monroe County Social Services Transportation Program in the
amount of $9,502.00, covering the period May 1 through
December 31, 1988.
Board authorized execution of Amendment No. 1 to Contract
188-2-878 (Title III-C-l) between United Way of Dade County,
Inc. Area Agency on Aging for Dade and Monroe Counties and
Monroe County Social Services Nutrition program.
Board authorized execution of Amendment No. 1 to Contract
188-3-878 (Title III-C-2) between United Way of Dade County,
Inc. Area Agency on Aging for Dade and Monroe Counties and
Monroe County Social Services Nutrition program.
COUNTY ADMINISTRATOR
Board adopted the following Resolution authorizing the
filing of a Grant Application with the Florida Department of
State, Division of Library and Information Services, and
directing the execution of same by the proper County
authorities.
RESOLUTION NO. 147-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
filing of a Grant Application with the Florida Department of
State, Bureau of Historic Preservation, and directing the
execution of same by the proper County authorities.
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LL 044
RESOLUTION NO. 148-1988
See Res. Book No. 66 which is incorporated herein by
reference.
COUNTY CLERK
Board approved the issuance of Duplicate Tax Certificate No.
1850 to Wilma Brantner inasmuch as the original was lost or
destroyed.
Board approved the fOllowing Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Angel
Velez-Diaz, Ph.D., in the amount of $400.00~ Jeffrey J.
Elenewski, Ph.D., in the amount of $600.00~ Guidance Clinic
of the Middle Keys, in the amount of $300.00~ Richard
Hellmann, Ph.D., in the amount of $575.00~ Tanju T. Mishara,
Ph.D., in the amount of $450.00.
OTHER EXPENSES & COSTS, Louis J. Spallone, in the
amount of $400.00~ State-of Florida, in the amount of
$1,372.32~ University of Miami, in the amount of $1,200.00.
EXTRADITION COSTS, William A. Freeman, Jr., in the
amount of $4,129.85.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $351.30~ Florida Keys Reporting
Service, in the amount of $408.80~ Nancy J. Maleske, in the
amount of $1,189.90~ Laws Reporting Service, Inc., in the
amount of $50.15.
COURT INTERPRETER SERVICE, Juan Borges, in the
amount of $185.00~ Serafin Calero, in the amount of $60.00~
Victor M. Tuckler, in the amount of $50.00.
$60.00.
EXPERT WITNESS FEES, Susan Olsen, in the amount of
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $5,677.17.
Board approved the following Warrants:
GENERAL REVENUE FUND, 184215-'84216 and '84561 thru
186012, in the amount of $2,118,127.59.
SUPPLEMENT TO GENERAL REVENUE FUND, '225-1226, in
the amount of $28,50~45. ----
FINE & FORFEITURE FUND, '692-1696, in the amount of
$214,550.~ - ----
AIRPORT OPERATION & MAINTENANCE FUND, '449-'452, in
the amount of $35,527.39. - ----
ROAD & BRIDGE FUND, 1498-'501, in the amount of
$312,021.~ - ----
MSD TAX DISTRICT, '1075-'1077 in the amount of
$118,761.36. ---
MSD - MARINE BANK (Marathon), 1418-1419, in the
amount of-s83,132.52
LAW LIBRARY FUND, '229-'230, in the amount of
$934.13.
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LL 045
CAPITAL PROJECTS FUND, 1280-'283, in the amount of
$140,298.16.
CARD SOUND BRIDGE FUND, 1215-1216, in the amount of
$7,282.65:--- ----
WORKERS COMPENSATION, 12470-'2479, in the amount of
$9,442.77.
TOURIST DEVELOPMENT COUNCIL, '488-'489 (Void), in
the amount of $141,558.32.
MONROE COUNTY SELF-INSURED GROUP INSURANCE,
'230-'232, in the amount of $102,941.90.
TRANSLATOR FUND, '171-'172, in the amount of
$2,470.55.
CROSS KEY WATERWAY, '54, in the amount of $65.33.
715 MARINERS HOSPITAL SPECIAL TAXING DISTRICT, '32,
in the amount of $432.32.
716 SPECIAL TAXING DISTRICT, PLANNING, BLDG ~ CODE
ENFORCEMENT, '121-'122, in the amount of $93,990.22.
718 VENETIAN SHORES SPECIAL ROAD DISTRICT, '05 and
Void '06, in the amount of $13.48. ----
310, 314 FAIR SHARE IMPROVEMENT, '01, in the
amount of-sr,223.6~
Board adopted the following Resolution amending Resolution
No. 014-1988 concerning receipt of unanticipated funds for
fiscal year 1987-88.
RESOLUTION NO. 149-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Board adopted the following Resolution amending Resolution
No. 016-1988 concerning receipt of unanticipated funds for
fiscal year 1987-88.
RESOLUTION NO. 150-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds for 1987-88.
RESOLUTION NO. 151-1988
RESOLUTION NO. 152-1988
RESOLUTION NO. 153-1988
RESOLUTION NO. 154-1988
RESOLUTION NO. 155-1988
RESOLUTION NO. 156-1988
RESOLUTION NO. 157-1988
RESOLUTION NO. 158-1988
RESOLUTION NO. 159-1988
RESOLUTION NO. 160-1988
RESOLUTION NO. 161-1988
RESOLUTION NO. 162-1988
RESOLUTION NO. 163-1988
See Res. Book No. 66 which is incorporated herein by
reference.
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LL046
Board adopted the following Resolution transferring funds
for fiscal year 1987-88.
RESOLUTION NO. 164-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Motion carried unanimously.
COMMISSIONERS I ITEMS
Mayor Lytton advised the Commission and the public
that the Sunday morning program on Channel 10 at 9:00 a.m.
would have a segment on the Key Deer Refuge.
AWARDING OF BIDS
The following bids were received for the
construction and operation of an automobile parking lot at
Key West International Airport:
APCOA, Inc.
25550 Chagrin Boulevard
Cleveland, OH 44122
Republic Parking System
Executive Offices, Suite 1610
Commerce Union Tower
Chattanooga, TN 37450
Kinney System of Florida, Inc.
6301 Biscayne Boulevard
Miami, Florida 33138
Avis Rent A Car System, Inc.
900 Old Country Road
Garden City, NY 11530
Faraldo Enterprises (Jette, Inc.)
212 First Avenue
Stock Island
Key West, FL 33040
Commissioner Hernandez discussed the award of a bid for
construction and operation of an automobile parking lot at
Key West International Airport. The following persons
addressed the Board: Robert Bouta of APCOA, Inc., Tom Dean
of Avis, and City Commissioner Harry Powell. The County
Attorney advised the Commission that there was only one pro-
posal which was indeed a proposal and that the rest were
merely "letters of interest." Motion was made by
Commissioner Hernandez and seconded by Commissioner Freeman
to reject all bids. Roll call vote was taken with the
following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
No
No
No
Motion failed. Motion was then made by Commissioner
Stormont and seconded by Commissioner Puto to authorize
Staff to proceed with negotiations with APCOA, Inc. During
discussion, motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to postpone consideration
of the bids for two weeks. Roll call vote was taken with
the following results:
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LL 047
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
No
No
No
Motion failed. Roll call vote on the original motion to
authorize Staff to proceed with negotiations with APCOA,
Inc. was taken as follows:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
Yes
Motion carried. Tom Dean discussed the need to have the
rental car agencies involved in a discussion of the proposed
parking lot area. This matter was referred to Staff.
BULK APPROVALS
consent Agenda
Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to approve Marathon Air
Service, Inc. for a Major Conditional Use Development Order
on the Consent Agenda. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to approve Dolphin Research
Center/Dolphin Lab for a Major Conditional Use Development
Order on the Consent Agenda. Motion carried unanimously.
COUNTY ATTORNEY
Lucien proby, County Attorney, advised the Board of
the status of the New Port Largo suit.
The County Attorney discussed pending actions
concerning the Cross Big Pine Key Access Road involving some
fill placed on property owned by the Department of Natural
Resources. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to authorize the County to
petition the Department of Natural Resources for a perpetual
easement on that portion of Big Pine Road which was
inadvertently filled. Motion carried unanimously.
Mr. Proby discussed the receipt of a reported suit
filed by certain Ohio residents versus Monroe County con-
cerning actions by the Sheriff1s Department.
The County Attorney discussed the Translator System
and the denial of the proposed rule change by Monroe County.
COMMISSIONERS I ITEMS
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The Board considered two Resolutions concerning a
renewal Agreement and renewal Supplement Agreement between
the Tourist Development Council and Keys Advertising &
Marketing, Inc. City Commissioner Harry Powell addressed
the Board concerning the proposed contracts and recommended
that they be postponed. A. C. Weinstein of the Committee to
Improve the Tourist Economy addressed the Board and
requested a sixty day delay. After discussion, motion was
made by Commissioner Stormont and seconded by Commissioner
Hernandez to continue the existing contracts between TOC and
LL 048
Keys Advertising & Marketing, Inc. for a period of sixty
days and to refer the proposed Contracts to the Fiscal
Department of the County Administrator's office for a review
and recommendation to the Board. Roll call vote was taken
with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
No
Yes
No
Motion carried.
The Board recessed for lunch.
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The Board reconvened at 1:30 p.m. with all
Commissioners present.
MUNICIPAL SERVICES DISTRICT (WASTE)
Charles Aguero, MSD Manager, gave a report on the
Neighborhood Trash Program.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution transferring MSD funds for the year 1987-88.
Motion carried unanimously.
RESOLUTION NO. 165-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to authorize the preparation
of a Lease with Donald R. Cotner for certain property
situate on Marathon Key and to bring it back to the Board
for approval. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to authorize the transfer of
$20,000.00 from Contingency to Capital Outlay Administration
for the purpose of purchasing computer equipment. Motion
carried unanimously.
The MSD Manager discussed the proposed Addendums to
the Garbage Franchise Agreements. Fred Tittle, representing
the Franchisees, addressed the Board. Motion was made by
Commissioner Hernandez and seconded by Commissioner Puto to
approve the Addendum with Mr. Tittle1s amendments as
follows:
10. (a) II in the contract to which this addendum is
attached and amends."
(b) 1. "... in the containers provided, and which is
placed beside the container. ProVIded however,
that no Collector shall be required to furnish
more containers, larger containers, or more
frequent pick-up service, than that provided
to any particular consumer during 1987, unless
additional residential units are constructed or
by agreement between the Collector and Consumer.
Nor shall containers be removed the volume of
which exceeds or equals the volume at anytime
in 1987."
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LL 049
(c) "This addendum shall remain in effect from April
1, 1988 through June 30, 1988 at which time it
shall expire and become null and void and of no
further effect unless extended by the Monroe
County Board of County Commissioners prior to
June 30, 1988..
During discussion, motion was made by Commissioner Stormont
to amend the motion to delete the proposed amendment by Mr.
Tittle referring to "new (b) 1." Motion died for lack of a
second. Roll call on the original motion to approve the
Addendum with Mr. Tittle1s amendments was taken with the
following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
Yes
No
Yes
Motion carried.
SOUNDING BOARD FOR PUBLIC INPUT
Edythe Shortman, representing the Big Pine Key
United Methodist Church, addressed the Board. Motion was
made by Commissioner Puto and seconded by Commissioner
Freeman to authorize the waiver of permit fees for
construction at the United Methodist Church. Motion carried
unanimously.
Fred Tittle, attorney, addressed the Board concer-
ning Code Enforcement. No official action was taken.
Freddie Castro addressed the Board concerning the
waiving of impact fees on a project in Key Largo. Motion
was made by Commissioner Hernandez to refer this matter to
the Planning Commission for extension of the previous
building permit. Motion died for lack of a second. Motion
was made by Commissioner Stormont and seconded by
Commissioner Freeman to deny waiving the impact fees on the
project in Key Largo. Roll call vote was taken with the
following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
Yes
Motion carried.
t"'.. ,,~....
Jeff Fisher, Extension Director, and Pam Martin of
Organized Fishermen of Florida discussed the proposed
Agreement between Monroe County and the Organized Fishermen
of Florida regarding trap storage. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
adopt the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Memorandum of
Agreement by and between Organized Fishermen of Florida
(Upper Keys Chapter) and Monroe County concerning storage of
lobster and stonecrab traps on Department of Transportation
rights-of-way. Motion carried unanimously.
RESOLUTION NO. 166-1988
See Res. Book No. 66 which is incorporated herein by
reference.
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PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
concerning cafes, restaurants, and other eating
establishments. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to read by title only.
Motion carried unanimously. Proof of publication was
entered into the record. There was no public input. Motion
was made by Commissioner Puto and seconded by Commissioner
Freeman to adopt the following Ordinance amending the Monroe
County Code, Section 12-26, concerning cafes, restaurants
and other eating establishments~ providing for the licensing
and regulation of mobile food vendors~ providing for the
creation of an occupational license classification of mobile
food vendor~ providing for a license fee of $30.00 for
o - 30 seats, $60.00 for 31 - 74 seats, $90.00 for 75 - 149
seats, and $120.00 for 150 or more seats~ providing for a
license fee of $60.00 for drive-in restaurants where custo-
mers are served while seated in their automobiles~ and
providing for a license fee of $250.00 for those persons
operating a mobile food vending operation~ providing for
severability~ providing for repeal of all Ordinances or
parts thereof in conflict herewith~ providing for incor-
poration into the Monroe County Code~ and providing for an
effective date.
ORDINANCE NO. 023-1988
See Ordinance Book No. 18 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
Yes
No
Yes
Motion carried.
A Public Hearing was held on a proposed Ordinance
concerning the creation of the occupational license classi-
fication of mobile repair and/or service business. Motion
was made by Commissioner Puto and seconded by Commissioner
Freeman to read by title only. Motion carried unanimously.
Proof of publication was entered into the record. There was
no public input. Motion was made by Commissioner Hernandez
and seconded by Commissioner Stormont to adopt the following
Ordinance creating Section 12-55, Monroe County Code, to
provide for the creation of the occupational license classi-
fication of mobile repair and/or service business~ providing
for the licensing and regulation of mobile repair and/or
service businesses~ providing for a license fee in the
amount of $18.00~ providing for severability~ providing for
the repeal of all Ordinances or parts of Ordinances in
conflict herewith~ providing for incorporation into the
Monroe County Code~ and providing for an effective date.
Roll call vote was unanimous.
ORDINANCE NO. 024-1988
See Ordinance Book No. 18 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
pertaining to the membership of the Advisory Board of the
Upper Keys Health Care Taxing District. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
LL 051
read by title only. Motion carried unanimously. Proof of
publication was entered into the record. There was no
public input. Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to adopt the following
Ordinance amending Ordinance No. 008-1988 by amending
Subsection 3 of Section 5 pertaining to the membership of
the Advisory Board of the Upper Keys Health Care Taxing
District1 providing for severabilitY1 providing for the
repeal of all Ordinances or parts of Ordinances in conflict
with this Ordinance1 providing for inclusion in the Monroe
County Code1 and providing for an effective date. During
discussion, motion was made by Commissioner Puto and
seconded by Commissioner Freeman to strike the requirement
for one member to be a resident of Ocean Reef and add "two
residents of the District." Roll call vote on the amendment
was taken as follows:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
Yes
No
Yes
Motion carried. Roll call vote on the original motion to
adopt as amended was taken as follows:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
No
No
No
Motion failed. Motion was then made by Commissioner Puto
and seconded by Commissioner Freeman to reaffirm the original
Ordinance. Roll call vote was taken with the following
results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
No
Yes
Motion carried.
MISCELLANEOUS
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution accepting and adopting the Findings Of Fact,
Conclusions Of Law and Recommended Order concerning the
Vested Rights Hearing of Madeira Bay, Inc. During
discussion of the motion, Commissioner Stormont questioned
Don Craig, Planning Director, as follows:
"If the vested rights entitles the finishing of
the development as permitted, which I understand
it does, what happens if changes occur to that
development either currently or in the future,
are they under the old vested plan or the new
plan?"
Mr. Craig's response to Commissioner Stormont's question is
as follows:
"It would appear to me that what is being vested
in this particular Vested Rights Application is
to develop that which was permitted under the old
I
LL 052
plan. If they vary in the future, a year or two
down the road, having perhaps not completing their
vestment, they would be under the requirements of
the new plan."
Roll call vote was unanimous.
RESOLUTION NO. 167-1988
See Res. Book No. 66 which is incorporated herein by
reference.
EMERGENCY SERVICES
Reggie paros, Emergency Services Director, advised
the Board that the billing services for ambulance services
was currently in operation, with the exception of Districts
5 and 6. Mr. Paros and Staff were directed to make a recom-
mendation on a base rate for ambulance services in Districts
5 and 6.
ENGINEERING
Bob Harris, PBS&J Consultant, advised the Board
that a noise problem had developed with the third floor
construction and, he indicated that because of the operation
of the Court that there may be as much as a fifteen day
delay in the project through no fault of the Contractors.
PUBLIC WORKS
Motion was made by Commissioner Hernandez and
seconded by Commissioner Stormont to approve the placement
of a street light at the intersection of Maloney Avenue and
peninsula Drive. Motion carried unanimously.
PLANNING BUILDING & ZONING
Don Craig, Planning Director, advised the Board
that unless there was some objection, the hours that the
Building Department would be open to the public would now be
from 9:00 a.m. to 4:00 p.m.
Mr. Craig advised the Board of negotiations with
the Department of Community Affairs concerning the first and
second six monthsl review process.
The Planning Director advised that the computerized
building permit tracking system was now in place in all
locations.
Mr. Craig advised that he would be meeting with DCA
and the Department of General Services concerning the joint
State/County permitting facility in the Marathon area.
The Planning Director discussed the positions of
Parks and Recreations Director and Land Use Coordinator.
Mr. Craig advised the Board that the County-owned
land directory had been published and each Commissioner had
been sent a copy.
He advised that he was currently working with the
Airport Consultants and residents on the Marathon Airport
Corridor Study. That study required consulting services and
based upon Mr. Craig1s recommendation, motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
LL - 053
authorize a Contract for planning in the amount of
$4,000.00, and landscape architectural services in the
amount of $4,000.00 to Bennett, Ringrose and Wolsfeld, Inc.
(BRW, Inc.) Motion carried unanimously.
Mr. Craig discussed the 250 building permits for
which Certificates of Occupancy had not been issued. He
indicated that he would be notifying the owners of the
expiration of the permits.
Ralph Smith of Key Colony Beach Golf Course, Inc.
adressed the Board. Wayne Scofield also addressed the
Board. Motion was made by Commissioner Freeman and seconded
by Commissioner Stormont to deny the Application for Flood
Variance of Ralph Smith for 450 square feet for restrooms
and a storage facility on Wily part of 18, Block 12, Coco
Plum Beach, Fat Deer Key; Zoned SC - Suburban Commercial;
Coastal Flood Zone A-13, Panel 1582C. Roll call vote was
taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
Yes
Motion carried.
Consideration of Claude Maintenance and Service
Corporation1s sign request was withdrawn by the applicant.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to authorize the adver-
tisement of an appropriate Ordinance to compensate Planning
Commission members $100.00 per meeting for all meetings
above the number of 26 held between September 30, 1986 and
October 1, 1987 for one hearing only. Motion carried
unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution repealing Resolution No. 003-1988 and Resolution
No. 078-1988, which corrected land use district boundary
errors pursuant to Section 9.5-511(e), Monroe County Code,
and instead requiring the Planning Director to evaluate such
errors under Section 9.5-3(m), Monroe County Code, and make
administrative boundary determinations concerning the same.
Motion carried unanimously.
RESOLUTION NO. 168-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve the revised
Calandar for the second six monthsl Land Development
Regulations review of the map and text amendments (see
attached). Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to adopt the following
Resolution directing the Assistant County Administrator to
implement an administrative procedure for processing varian-
ces that would be allowed by Text Amendment 190 which will
be approved in the first six months Land Development
Regulations review. Motion carried unanimously.
LL 054
RESOLUTION NO. 169-1988
See Res. Book No. 66 which is-rncorporated herein by
reference.
Mr. Craig discussed affordable housing as it
related to Freddie Castro1s request that staff work with DCA
to resolve a problem with his request for an affordable
housing project in North Key Largo. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to approve Staff recommendations as per a Memorandum dated
March 28, 1988 as follows:
1. A change a map designation of his property from
Native to SR. This was accomplished and approved
during the first six-months plan review process.
2. A text change which would have allowed 25 units
per acre in Suburban Residential districts when
affordable housing projects were involved. This
text change was not approved by DCA.
3. A text change that would have allowed the open
space ratio to be varied within SR districts to
be buried when affordable housing projects were
involved. This amendment was not approved in the
first six-months review. ---
Roll call vote was unanimous with Commissioner Hernandez not
present.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve a Request for
Proposals to assist the Monroe County Planning Staff with
the completion of the Focal Point Planning Process for the
Big Pine Area of Critical County Concern. Motion carried
unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to approve the reinstatement of the
application filed by Fred Tittle on behalf of the property
owner Henry Meinhardt into the second six monthsl review
process. Motion carried unanimously.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, advised the Board
of a letter from Commissioner Hernandez concerning the faci-
lities at 310 Fleming Street. Motion was made by
Commissioner Freeman and seconded by Commissioner Puto to
authorize the holding of Board meetings in Key West at loca-
tions other than 310 Fleming Street until the matter could
be resolved.
Mr. Brown advised the Board that he was in
possession of an unsolicited proposal to lease 600 Whitehead
Street. He was asked to review the Board1s previous action
in this regard.
The County Administrator advised the Board of the
Joint City/County Commission Meeting at City Hall at 10:00
a.m. on April 14th, Key West and also the 1:30 p.m. Budget
Meeting at the Teen Center.
Mr. Brown advised the Board that he would be tra-
veling to Tallahassee to meet with the Department of
Community Affairs on April 7, 1988.
LL 055
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve payment of the
following invoices:
1. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $190.00, Invoice No. 14 for the Plantation Key
Government Center Wastewater Treatment Plant.
2. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $1,491.00, Invoice No. 9 for Completion Interior
Finishing 3rd Floor Jail Addition.
3. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $1,669.50, Invoice No.9 for County Clerk1s Space
and Judge's Chamber/Courtroom Conversions.
4. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $2,000.00, Invoice No.1 for Programming Space
Conversion Supervisor of Elections, 1st Floor, 310
Fleming Street.
5. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $4,039.08, Invoice No. 12 for Environmental
Permitting and Final Design Higgs Beach Pier Project.
6. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $1,057.98, Invoice No.8 for Repairs/Modifications
to Gun Mounts, Higgs Beach Project.
7. Rosenman & Colin, in the amount of $1,016.00 for
professional services in re: Translator System.
8. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $10,168.23 for General Consultation, Attendance
of Meetings, General Capital Projects Professional
Services, January 1 through February 29, 1988.
9. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $230.18, Invoice No.6 for Harry Harris Park
Improvements Project.
10. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $3,884.00, Invoice No. 11 for Marathon Airport
Master Plan Update.
11. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $1,500.00, Invoice No. 11 for Key West International
Airport Master Plan Update.
12. General Asphalt Company, in the amount of $90,639.20,
Final Invoice for Key Vaca Roads V.
13. Arthur Young, in the amount of $557.28, Final Invoice
for Study of Monroe County Emergency Medical Services
System through January 15, 1988.
14. Siemon, Larsen & Purdy, in the amount of $141.50, for
professional services through February 29, 1988 in re:
Port Bougainville Appeal.
15. David Paul Horan & Associates, in the amount of
$6,882.20, for professional services through February
29, 1988 in re: Monroe County vs. State of Florida.
16. Fly, Shuebruk, Gaguine, Boros & Braun, in the amount
of $2,302.30, for professional services through
January 31, 1988 in re: Translator
LL
.056
,
I
T
..
,
17. Post, Buckley, Schuh & Jernigan, Inc., in the amou'.t
of $26.00, Invoice No.5, Monroe County Fire Wells
(Revision)
18. Nick Silverio & Associates, Inc., in the amount of
$1,092.33 for training of Monroe County Staff on IBM
Office Products for the week ending March 18, 1988.
19. Post, Buckley, Schuh & Jernigan, Inc., in the amount
or $15,806.75 for monthly invoice for Road & Bridge
Work, January 30 through February 26, 1988.
20. Post, Buckley, Schuh & Jernigan, Inc., in the amount
of $1,299.30 in re:Card Sound Road & Toll District,
January 30 through February 26, 1988.
Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to approve the purchase
from CIGNA a leased vehicle insurance policy, with
$1,000,000.00 in limits, and at an annual premium of
$12,966.00. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Hernandez to postpone for six weeks
the advertisement of an Ordinance revising the Monroe County
Personnel policies and Procedures, and to set a Workshop for
the purpose of discussing the proposed changes and to pro-
vide the Board with a proposed Ordinance which would reflect
the changes made to existing policies and procedures. Roll
call vote was unanimous.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to reject the previous propo-
sal concerning the purchase of a handicapped van for the
Veterans Affairs office and to approve and authorize execu-
tion of a Lease Purchase Agreement with Municipal Leasing
Systems for the purchase of a handicapped van for the
Veterans Affairs office, with the provisions that Johnny
Mayne of the Veterans Affairs office be authorized to travel
to pick up the vehicle and inspect and approve it as to han-
dicap requirements. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution adopting the purchasing policies for the Monroe
County Board of County Commissioners, with application to
all dependant Districts of the Board. During discussion,
the motion was withdrawn. Charles Aguero, MSD Manager,
requested that MSD be exempted from the policies and proce-
dures until the end of the current fiscal year in order for
the Purchasing Department staff to become more familiar and
experienced with the process. Motion was made by
Commissioner Hernandez and seconded by Mayor Lytton to
exclude the MSD from the proposed purchasing policies and
procedures to the end of the current fiscal year. During
discussion, motion was made by Commissioner Stormont and
seconded by Commissioner Puto to postpone for two weeks and
to report back to the Board on the implications and ramifi-
cations of the implementation of the proposed policies.
Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to approve the request from
Guardianship of Monroe, Inc., for a County telephone line
and use of spare office furniture. Motion carried unani-
mously.
'1'
f II<
LL
057
...
L:,i;~l~tion was made by Commissioner Freeman and
secoba~d by Commissioner Hernandez to approve the execution
of a Lease Agreement for the Chaplin Building located at
5160-80 Overseas Highway, Marathon, Florida for the purpose
of providing centralized office space for County offices in
Marathon. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve the transfer of
funds from various contingencies to effect the relocation of
various County Offices to the Chaplin Building. Motion
carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve for employment Roy
Sanchez as Director of Central Services for Public Works
Division. Motion carried unanimously. Motion was made by
Commissioner Stormont and seconded by Commissioner Puto to
approve for employment Stephen Travis as Director of Fire
and Rescue for the Public Safety Division. Motion carried
unanimously. Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve for employment
Herbert Rabin as Director of Building Department for the
Growth Management Division. Motion carried unanimously.
Motion was made by Commissioner Stormont and seconded by
Commissioner Puto to approve for employment Peter Horton as
Assistant County Administrator in charge of Community
Services. During discussion of this item, Roy Grant
addressed the Board concerning the application process and
requested that this appointment be tabled. During conver-
sations, the Assistant County Attorney read from the Monroe
County Code, the reference to the County Administration law
and he also read from Florida Statute 125.74 concerning the
hiring of Department Heads by the County Administrator with
confirmation by the Board of County Commissioners. Roll
call vote on the original motion was unanimous.
The following bids were received for publication of
Monroe County1s 1987 Delinquent Tax Rolls:
The Key West Citizen
515 Greene Street
Key West, FL 33040
Real Property $ 1.05/line
will be printed four weeks
at a one-time charge.
Personal Property $ 1.05/1ine
printed one time only.
The Keynoter
Post Office Box 158
Marathon, FL 33050
Real Property $ 1.10/line
will be printed four weeks
at a one-time charge.
Personal Property $ 1.20/1ine
printed one time only.
The County Administrator recommended The Key West Citizen be
awarded the low bid. Motion was made by Commissioner Puto
and seconded by Commissioner Stormont to approve The Key
West Citizen at $1.05 per line for publishing the Real
Property ads and $1.05 per line for publishing the Personal
Property roll. Motion carried unanimously.
COUNTY CLERK
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution amending Resolution No. 136-1988 concerning
LL 058
I
a Supplemental Budget Resolution in regard to the Monroe
County Tourist Development Fund. Motion carried unani-
mously.
RESOLUTION NO. 170-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Commissioner Puto discussed the meeting schedule
and asked that the County Administrator coordinate the
calendars so that the Commissioners would be aware of
when their attendance at the various meetings would be
required.
There being no further busines, the meeting was
adjourned.
*
*
*
*
*
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