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04/12/1985 RegularCC - 0'70 Regular Meeting Board of County Commissioners Friday, April 12, 1985 Marathon A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner William Freeman, Commissioner John Stormont, Commissioner Ed Swift, and Mayor Pro Tem Alison Fahrer. Also present were Lucien Proby, County Attorney; Rosalie Simmons, Deputy Clerk; County staff; members of the County's Consulting Engineers Firm; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. Mayor Pro Tem Fahrer called for additions and/or corrections to the Agenda. Mayor Wilhelmina Harvey, with County Administrator Kermit Lewin, entered shortly after the opening of the meeting and assumed the Chair. PUBLIC HEARINGS Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to remove from the Agenda Item C-11 concerning Class "A" Signs and substitute in its place an item concerning Class "B" Signs. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the following items by unanimous consent: STAFF REPORTS Board approved, per staff recommendations, a Permit Appli- cation from John Bartley, Sr. for Riprap, Fill and Dock at Lot 30, Block 1, Summerland Key Cove, 6th Addition, Summerland Key. Board approved the request from the County Administrator to take eight days of Annual Leave: April 24th, 25th, 26th, 29th and 3Oth, and May 1st, 2nd and 3rd. Board approved, per staff recommendations, a Permit Appli- cation from Charles A. Johnson for a Cantilever Concrete Dock at Lot 22, Block 2, Indies Drive South, Center Island Section 2, Duck Key. Board approved the request from James R. Paros, Director of Emergency Services Department, to Call For Bids for the refurbishment and re -chassis of a 1980 Type III Ambulance belonging to Municipal Services Taxing District No. 3 and to seek proposals for a loan in the amount of $28,000.00 from lending institutions for financing of same. Board approved the request from James R. Paros, Director of Emergency Services Department, to Call For Bids for the installation of Fire Wells within Municipal Services Taxing District No. 1-A. Board approved the request from James R. Paros, Director of Emergency Services Department, to Call For Bids for the CU 071 installation of Fire Wells within Municipal Services Taxing District No. 4-A. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Board proclaimed the week of May 6 - 12, 1985 as National Nurse Week and authorized the Chairman of the Board of County Commissioners to execute a Proclamation to com- memorate the week. STAFF REPORTS Board approved payment in the amount of $520.00 to Beyer Funeral Home for the Pauper Burial of Charles A. Werner. Board authorized a refund in the amount of $75.00 (minus 25% for administrative costs) to Hiraida R. Vendrell inasmuch as the application for a zoning change was withdrawn. Board approved the Application for Variance to the Flood Hazard Ordinance of Albert Betzel to place a mobile home below the base flood elevation and contiguous to the surrounding mobile homes located on Little Torch Key, within the mobile home subdivision known as Coral Shores Estates. Board approved the Application for Variance to the Flood Hazard Ordinance of Chris Boone to place a mobile home at ground level and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Little Torch Key, within the mobile home subdivision known as Coral Shores Estates. Board approved the Application for Variance to the Flood Hazard Ordinance of John Butler to place a mobile home at ground level and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Little Torch Key, within the mobile home subdivision known as The Ladies Acre 1st Addition. Board approved the Application for Variance to the Flood Hazard Ordinance of Teubaldo Grimal to place a mobile home at the same elevation as surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Sunset Acres. Board approved the Application for Variance to the Flood Hazard Ordinance of Rudolph, Roseann, Gerold and Inge Krause to place a mobile home below the base flood elevation and contiguous to the surrounding mobile homes located on Little Torch Key, within the mobile home subdivision known as Coral Shores Estates. Board approved the Application for Variance to the Flood Hazard Ordinance of Timothy L. McGilvray to place a mobile home three concrete blocks high from ground level and con- tiguous to the surrounding mobile homes which are not ele- vated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Sexton Cove Estates. Board approved the Application for Variance to the Flood Hazard Ordinance of Frank Marino to place a mobile home below the base flood elevation and contiguous to the surrounding mobile homes located on Key Largo, within the mobile home subdivision known as Coral Shores Estates. CC 0'72 Board approved the Application for Variance to the Flood Hazard Ordinance of Carlos and Susan Rojas to place a mobile home at eight feet elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Bermuda Shores. Board approved the Application for Variance to the Flood Hazard Ordinance of Jose M. Ruiz to place a mobile home at eight feet elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood eleva- tion located on Key Largo, within the mobile home sub- division known as Blue Harbor Club. Board approved the refund of $50.00 to John H. Olsen and Helen P. Goodiski inasmuch as a Flood Hazard Variance was determined to be not required. Board approved the request from George W. Sellers, Jr. and George and Gloria Sellers, Sr. to construct a duplex within the AICUZ Zone, Zone 2-A (65-7Odb), Parcel A: a part of Tract A, Similar Sound, Section A, as recorded in Plat Book 3, Page 126 of the Public Records of Monroe County; further described by Metes and Bounds. Located in Section 22, Township 67 South, Range 26 East. Zoned RU-2. Board approved the request from George and Gloria Sellers, Sr. to construct a duplex within the AICUZ Zone, Zone 2-A (65-70 db), Parcel C: a part of Tract A, Similar Sound, Section A, as recorded in Plat Book 3, Page 126 of the Public Records of Monroe County; further described by Metes and Bounds. Located in Section 22, Township 67 South, Range 26 East. Zoned RU-2. Board approved the request from George and Gloria Sellers, Sr. to construct a retail store within the AICUZ Zone, Zone 2-A (65-70 db), Parcel D: a part of Tract A, Similar Sound, Section A. as recorded in Plat Book 3, Page 126 of the Public Records of Monroe County; further described by Metes and Bounds. Located in Section 22, Township 67 South, Range 26 East. Zoned BU-1. Board approved payment of Invoice No. Thirty-one dated February 28, 1985 in the amount of $3,705.00 to Post, Buckley, Schuh & Jernigan, Inc. for professional services rendered to the Municipal Services District. LEGAL DEPARTMENT Board authorized County Attorney to advertise for Public Hearing a proposed Ordinance providing that the Code of Ordinances of the County of Monroe, Florida be amended by revising Section 5-3(d) of said Code; providing that the term "Building Official" be used in place of the term "Vehicle and Maintenance Supervisor;" providing an effec- tive date. Board authorized County Attorney to advertise for Public Hearing a proposed Ordinance providing that the Code of Ordinances of the County of Monroe, Florida be amended by revising Section 5-8(a) of said Code; providing that the term "Building Official" be used in place of the term "Vehicle and Maintenance Supervisor;" providing an effective date. Board authorized the County Attorney to advertise for Public Hearing a proposed Ordinance providing that the Code of CC _073 . 1 LJ 1 Ordinances of the County of;Monroe, Florida be amended by revising Section 5-28(b) ofisaid Code; providing that the term "Building Official". be -used in place of the term "Vehicle and Maintenance Supervisor;" providing for an effective date. Board authorized County,Attorney to advertise for Public Hearing a proposed Ordinance amending Ordinance No. 19-1979 to include awards and ceremonies for appointees to various County Boards, Committees a6d Authorities; declaring the expenditure of such funds for such purposes to be a public purpose and authorizing the expenditures for such purposes; repealing all Ordinances and parts thereof in conflict therewith; and providing an,effective date. Board adopted the following,Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Sign Lease by and between the County of Monroe, Florida and Ocean Key House for sign space at the Key West International Airport. RESOLUTION NO. 087-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the followingiResolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Joint Participation Agreement by and between the State ofiFlorida Department of Transportation and Monroe County, Florida regarding Project known as WPI #6826601 - Marathon Airport - MIRLS, VASI, Groove, Overlay, Windcone, Lights, Vault and Generator. RESOLUTION NO. 088-1985 See Res. Book No. 43 which is incorporated herein by reference. i Board adopted the followingIlResolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Agreement by and between Monroe County, Florida and Southern Express Airways, Inc. d/b/a Southern Express, in connection with the use of the Marathon Airport and its facilities. RESOLUTION NO. 089-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following,Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Lease Agreement by and between the County of Monroe, Florida and the United States Customs Service concerning office space at the Key West Interna- tional Airport. RESOLUTIOf NO. 090-1985 See Res. Book No. 43 which is incorporated herein by reference. i I Board adopted the followingiResolution amending that certain Agreement entered into by and between Monroe County, Florida and Celeste Rossi dated the;24th day of February, 1984,!by providing for a revised cost per meal per person to be charged to Monroe County for providing meals for all staff and residents of the County'Home located on Stock Island, Key West, Florida. CC. 014 RESOLUTION NO. 091-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida and Keys Hospital Foundation, Inc., d/b/a Mariner's Hospital, for the purpose of providing meals for senior citizens par- ticipating in the Older Americans Act Title III-C Nutrition Program in Plantation Key, Florida. RESOLUTION NO. 092-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution to stop the closing of the Social Security Offices in Monroe County, Florida. RESOLUTION NO. 093-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution urging the State Legislature to pass beverage container deposit legislation. RESOLUTION NO. 094-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution approving a Grant Application Packet by and between the Board of County Commissioners of Monroe County, Florida and the State of Florida Department of Natural Resources re: Boating Improvement Fund Project to create an Artificial Reef 21/2 miles from Bahia Honda in 30' water, and authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute the subsequent Project Agreement upon approval by the Department of Natural Resources of the Grant Application. RESOLUTION NO. 095-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Agreement by and between Misener Marine Construction, Inc., the Board of County Commissioners of Monroe County, Florida and the Florida Keys Artificial Reef Association in re: Boating Improvement Fund Project to create an A"rtificial Reef. RESOLUTION NO. 096-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida and the State of Florida Department of Natural Resources con- cerning the Boating Improvement Fund Project known as Lakes Channel Markers II. I I 1 CC 075 RESOLUTION NO. 097-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Agreement by and between Monroe County, Florida and the City of Key West, Florida for the purpose of providing ambulance service, including advanced life support, to the residents of Municipal Service Tax District 1-A. RESOLUTION NO. 098-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Agreement by and between the County of Monroe, Florida and the Monroe Association for Retarded Citizens. RESOLUTION NO. 099-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution authorizing the exe- cution of the Traffic Signal Agreement between the State of Florida Department of Transportation and the Board of County Commissioners of Monroe County, Florida pertaining to the traffic signal on Big Pine Key at the intersection of SR-5 and Key Deer Boulevard. RESOLUTION NO. 100-1985 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 101-1985 RESOLUTION NO. 0� 2- 9 RESOLUTION NO. 33--1985 RESOLUTION NO. 044- 9-B R LUTION NO. 105-19188 RESOLUTION NO. 66--1985 RESOLUTION NO. �- 995- RESOLUTION NO. 0�995 RESOLUTION NO. 99- 998T RESOLUTION NO. 110- 8 RESOLUTION NO. 111-1995 RESOLUTION NO. 112-MT5 RESOLUTION NO. 113-1985 RESOLUTION NO. 44- 9-9-5 R SOLUTION _NU. �$5 RESOLUTION N0. 66--1985 RESOLUTION N0. 77596_5 RESOLUTION 90. 18 $5 See Res. Book No. 43 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 119-1985 See Res. Book No. 43 which is incorporated herein by reference. CC 0'76 Board adopted the following Resolution accepting dedication deeds that dedicate Gulf Drive on Big Coppitt Key to the use of the public as a street. Said deeds dedicating Gulf Drive Road to the public as are recorded in the Official Record Book 266, Pages 490-495 and Official Record Book 266, Pages 496-500, and the survey as done by C. G. Bailey, Land Surveyor, on September 11, 1958. RESOLUTION NO. 120-1985 See Res. Book No. 43 which is incorporated herein by reference. CLERK OF THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS COURT -APPOINTED ATTORNEYS, Robert P. Duffy, in the amount of 5 2.50; Larry R. Erskine, in the amount of $706.25; Roberta S. Fine, in the amount of $230.00; Jeff D. Gautier, in the amount of $350.00; Robert W. Leeman, in the amount of $3,324.50; E. Baxter Lemmond, in the amount of $320.00; William Kuypers, in the amount of $493.75; Jeffrey B. Meyer, in the amount of $556.25; Henry Lee Morgenstern, in the amount of $475.00; John P. Rotolo, in the amount of $811.48; Paul E. Watson, in the amount of $250.00; Sandra Lee Zimmerman, in the amount of $250.00. COURT REPORTER SERVICES Associated Court Reporters�in the amount of 6 5.80; Christensen Reporting, in the amount of $52.50; Robert Fazio, in the amount of $1,612.50; Florida Keys Reporting, in the amount of $570.10; Island Reporting Service, Inc., in the amount of $487.80; North Jersey Reporting Service, in the amount of $226.75; Yolanda Valdes, in the amount of $70.00. COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Mental Health Care Center, in the amount of 06.00; Guidance Clinic of the Middle Keys, in the amount of $200.00; Richard Hellmann, Ph.D., in the amount of $125.00; Hollywood Treatment Center, Inc., in the amount of $1,525.00; Guidance Clinic of the Upper Keys, in the amount of $200.00; Mental Health Care Center of the Lower Keys, Inc., in the amount of $800.00. COURT INTERPRETER SERVICES, Rico R. Duval, in the amount of 50.00; Florida Keys Reporting, in the amount of $25.00; Tana de Gamez, in the amount of $25.00; Washington Gay, in the amount of $205.00; Humberto Jimenez, in the amount of $236.00; Marie Lucie Kuechler, in the amount of $25.00; Stephen E. Moore, in the amount of $125.00; Norma R. Scott, in the amount of $75.00; Yolanda Valdes, in the amount of $25.00. COURT COSTS, Raymond 0. Bodiford, in the amount of $82.00; Roberta S. Fine, in the amount of $112.00; Michael H. Cates, in the amount of $853.70; Louis J. Spallone, in the amount of $100.00. WITNESS FEES, Regular Witness Fees, in the amount of $180.00; Witness Travel, in the amount of $2,608.44. Board approved the following Tourist Development Council expenditures: CC - 0'7'7 Pitney -Bowes (Postage Meter) $ 63.00 Southern Bell 19498.69 U. S. Postmaster (Box rent) 53.00 U. S. Postmaster (Postage) 12000.00 $ 2,614.69 Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #32344-#33919, in the amount of $2,138—,9-17.22. GENERAL REVENUE FUND, Marine Bank, #51, in the amount of 9,495.46. GENERAL REVENUE FUND, Barnett Bank, #51, in the amount of 9 48-0- GENERAL REVENUE FUND FRS, Boulevard Bank, #139, in the amount of 45,000.00. SUPPLEMENT TO THE GENERAL REVENUE FUND, #1794181, in the amount of $72,$22.82. FINE & FORFEITURE FUND, #421-#425, in the amount of $658,658.49. ROAD & BRIDGE FUND, #337-#341, in the amount of $393,216.3— 9._ 1981 IMPROVEMENT BONDS FUND, #15, in the amount of $430.77. CAPITAL PROJECTS FUND - CONSTRUCTION ACCOUNT, #75-#779 inT the amouunt of $'r10,-T9 . AIRPORT OPERATION & MAINTENANCE FUND, #271-#286, in the amount of 150,35,35-6 CROSS KEY WATERWAY ESTATE, SPECIAL ROAD DISTRICT, #12, in the amount of 27 .55. TRANSLATOR FUND, #68-#69, in the amount of $45,300.3 . MSD TAX DISTRICT, Florida First National Bank -Southeast Bank, 237-340, in the amount of $209,379.95. TOURIST DEVELOPMENT COUNCIL, #157-#163, in the amount of—$I8,943.T2. LAW LIBRARY FUND, #143-#145, in the amount of $1,521.90. CARD SOUND BRIDGE REVENUE FUND, #73-#77, in the amount of 115,628.39. WORKMENS COMPENSATION, #1372-#1405, in the amount of $43,263.24. MSD TAX DISTRICT, Florida Keys First State Bank, #14415, in the amount of $8,116.98. CC 0'78 MSD TAX DISTRICT, Marine Bank, Marathon, #617-#628, in the amount of 479,696.24. MSD TAX DISTRICT, PLEDGED FUNDS, Marine Bank, Marathon, T33_-1_36, in the amount of 934,466.25. MSD TAX DISTRICT, Boulevard Bank, Summerland Key Branch, #M, in the amount of $3,625.81. MONROE COUNTY GROUP INSURANCE FUND, #81, in the amount of $49,129.67. MONROE COUNTY SELF-INSURANCE FUND, #07, in the amount of 37,000.00. Board approved the Minutes of the following meetings of the Board of County Commissioners: February 20th, March 8th, March 13th, March 19th, and March 20th. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Board approved the attached Tourist Development Council expenditures in the total amount of $129,322.61, subject to invoice approval by the Finance Department. STAFF REPORTS Board approved the amendment of the Community Care for the Elderly Contract to include an additional $6,000.00 and authorized the Mayor to execute the same. LEGAL DEPARTMENT Board adopted the following Resolution approving and ratifying the execution by the Mayor and Chairman of the Board of the Agreement by and between Monroe County, Florida and the State of Florida Department of Transportation con- cerning the four-laning project of U. S. 1/S. R. 5 adjacent to the Marathon Airport. RESOLUTION NO. 121-1985 See Res. Book No. 43 which is incorporated herein by reference. GENERAL REPORTS Board authorized the purchase of two IBM copy machines over a four-year period and for the Mayor to sign the necessary purchase documents. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Board approved the reappointment of William Mills to the Code Enforcement Board. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Article III, Division 1 of Chapter 6 of the Monroe County Code of Ordinances entitled "Contractors, Subcontractors, Masters, Journeymen, and Maintenance Personnel," Sections 6-56 (Definitions) and 6-67 (Restriction as to number of Apprentices) of the Monroe County Code; providing for the redefinition of the term CC 079 "Journeyman" as set forth in Section 6-56 of the Monroe County Code; providing for the amendment of Section 6-67 of the Monroe County Code by the addition of a new subsection thereunder requiring Journeymen to be present on all job sites for which a permit is required, requiring no less than one (1) Journeyman for every three (3) Apprentices on each job site for which a permit is required and providing for cessation of all work on a job site when no Journeyman is present; providing that the requirements of this Ordinance shall not be imposed upon owners of residential property altering or repairing his own property if occupied by the owner and owner -builder permitting described in Section 6-69 of the Monroe County Code; providing for severability; pro- viding for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; providing for the inclusion of this Ordinance in the Monroe County Code of Ordinances; and pro- viding for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to read by title only. Motion carried unanimously. Mr. David K. Ringemann spoke against the proposed Ordinance and presented several letters from other contractors also in opposition of the proposed Ordinance. Mr. Joe Bell, Chairman of the License Examining Board spoke in favor of the proposed Ordinance. Mr. Paul Galloway spoke in favor of the Ordinance. Mr. Galloway also discussed the fees presently being charged for license cards and Mayor Harvey directed the County administrator to look into this matter and report back to the Board. Commissioner Stormont quoted a memoran- dum from former Assistant County Attorney Sheri Smallwood and the Board entered into a discussion concerning enforce- ability provisions. Motion was made by Commissioner Swift and seconded by Commissioner Stormont that the proposed Ordinance be returned to the Board for further consideration and instructed the County Attorney to advise the public of the cancellation of the next scheduled Public Hearing. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. REQUEST TO ADDRESS THE BOARD Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to add to the Agenda a request from Supervisor of Elections, Bobby Brown, to address the Board. Motion carried unanimously. Mr. Brown discussed the costs involved with the voter registration system and the computer system and the purging of the rolls. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Swift to grant the Supervisor of Elections additional funds in the amount of $10,300.00 for use in the voter registration system, computer system, and purging of the rolls if said amount is available in Contingency Funds. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Ordinance No. 031-1984, Section 2, to provide an additional paragraph thereto; providing that the Executive CC. � 080 Director of the Tourist Development Council set forth therein may be either an individual or a corporation for the purposes of contracting for the services of said Executive Director; providing for severability; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of said conflict; providing for inclusion in the Monroe County Code of Ordinances; and pro- viding an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the Ordinance. ORDINANCE NO. 008-1985 See Ord. Book No. 8 which is incorporates herein by reference. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman No Stormont Yes Swift Yes Yes STAFF REPORTS James R. Paros, Director of the Emergency Services Department, presented to the Board a proposal submitted by both the Tavernier and Key Largo Volunteer Ambulance Services concerning Secondary Transportation Services in the Upper Keys and gave his recommendations concerning same. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve acceptance of the following five recommendations from the County Emergency Services Director concerning the proposal submitted by the Tavernier and Key Largo Volunteer Ambulance Services regarding Secondary Transportation Services in the Upper Keys: 1) That the volunteer departments be allowed to implement this service as proposed, with the understanding that their primary responsibility to the Districts is Primary Transportation Services. 2) That the service will operate on a trial basis and will be reviewed for its effectiveness at the end of six months of operation. 3) That the volunteer departments will be held responsible for ensuring that sufficient number of ambulances remain in their respective Districts at all times for primary re- sponses. 4) That Mariners Hospital should be encouraged to pre - schedule routine non -emergency transfers. 5) That the Emergency Services Department be directed to explore alternatives for replacing, when necessary, the ambulances used for Secondary Transportation Services. Roll call vote was unanimous. CC 081 COUNTY ADMINISTRATOR'S REPORT Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to approve payment in the amount of $715.00 to Risk Control Associates, Inc. for services rendered from March 1, 1985 through March 18, 1985. Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to accept the resignation of Joann Fry from the Highway Beautification Committee and instruct the County Administrator to send Ms. Fry a letter of thanks for her service to the County. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to appoint Martha Lorimer and Betty Wilson to the Highway Beautification Committee and instruct the County Administrator to send them both letters. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to place the name of James R. (Reggie) Paros in nomination for appointment to the State EMS Advisory Council. Motion carried unanimously. County Administrator Lewin reported to the Commission the recommendations concerning the hiring of a County Fire Marshall. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to hire Joseph London as the County Fire Marshall. Motion carried unanimously with Commissioner Swift not present. Motion was made by Mayor Harvey and seconded by Commissioner Stormont to approve payment out of the Board's advertising account to The Pirates Chest Inc. in the amount of $71.50 for floral arrangements sent to the Fahrer family. Motion carried unanimously with Commissioner Swift not pre- sent. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to approve payment out of the Board's advertising account to the Key West Chamber of Commerce in the amount of $120.00 for the purchase of four large Conch Flags for the United States Navy Hydrofoil Division in Key West. Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve Payment #1 (Final) to General Asphalt Co., Inc. in the amount of $77,1160.60 for Roadway Improvements Project -Key Uaca II (Mile Marker 48-51). Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve Change Order No. 1 from Frank Keevan & Son, Inc. for work on the Garrison Bight Project in the amount of $2,950.00, said amount to be paid out of Boating Improvement Funds. Motion carried unani- mously with Commissioner Swift not present. Louis LaTorre, Social Services Director, presented a report to the Board concerning Bayshore Manor, the Adult Congregate Living Facility for Monroe County. Mr. LaTorre was directed by the Commission to set up a Workshop for the Commission and the various Social Agencies regarding the future of Bayshore Manor. Motion was made by Commissioner CC 082 Stormont and seconded by Commissioner Swift to increase the maximum rate of Bayshore Manor residents from $665.00 per month to $1,195.00 per month effective October 1, 1985. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Jeff Fisher, County Extension Services Director, made a report to the Board concerning the Marathon Boating Facilities Project. After discussion, motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve Change Order No. 1 from Marine Construction & Equipment for work on the Marathon Boating Facilities Project in the amount of $5,770.00, said amount to be paid out of Boating Improvement Funds. Motion carried unani- mously. The Board entered into a discussion with Dorr Foxx and Jerry Aspinwall concerning an Application For Permit from Porpoise Point Estates, Inc. for a seawall, fill, dock and ramp at Porpoise Point, Section 4, Tract B, Big Coppitt Key. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the Application For Permit from Porpoise Point Estates, Inc. for a seawall, fill, dock and ramp at Porpoise Point, Section 4, Tract B, Big Coppitt Key, per the conditions set forth in the County Biologist's report. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion failed. Motion was then made by Commissioner Fahrer and seconded by Commissioner Stormont to postpone this matter until the Planning and Zoning Department could submit a report to the Board concerning the circumstances of the legality of a houseboat on the property. After discussion and an opinion from the County Attorney, this motion was withdrawn by the maker and seconder. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to reconsider the original motion. Motion carried unanimously. Motion was then made by Commissioner Swift and seconded by Commissioner Freeman to approve conditionally, as recom- mended by staff, the Application For Permit from Porpoise Point Estates, Inc. for a seawall, fill, dock and ramp at Porpoise Point, Section 4, Tract B, Big Coppitt Key, and to instruct the Planning and Zoning Department to make the houseboat a subject of investigation. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the Application for Variance to the Flood Hazard Ordinance of Coco Plum Marina to construct a storage shed (240 square feet) on Lots 19 and 20, Block 2, Coco Plum, 139th Street Ocean, Marathon, zoned BU-2. Roll call vote was taken with the following results: CC 083 Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to disapprove the Application for Variance to the Flood Hazard Ordinance of Michael J. and Ann M. Pampalone for the enclosure of break -away construction of 156 square feet under the existing single-family residence on Lot 815, Silver Shores, South Jade Drive, Key Largo, zoned RU-5P. A discussion ensued concerning the February 16, 1984 FEMA letter. Roll call vote was then taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. The County Administrator was directed to obtain for all Commissioners copies of the Local Official's Floodplain Management Handbook from the State of Florida Department of Community Affairs. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Edward Plesa for the construction of a storage shed on Lot 3, Block S, Part B-Master Plat of North Marathon Shores, Harbor Drive, Marathon, zoned RU-1. During discussion, motion was withdrawn by the maker and seconder. Motion was then made by Commissioner Swift and seconded by Commissioner Freeman to continue this matter until plans are received for the proposed construction. Motion carried unanimously. Messrs. Stuart and Scott Marr of Port Largo Yacht Club, Inc. appeared before the Board concerning their Application for Variance to the Flood Hazard Ordinance. During discussion, Mr. Marr assured the Board that the resi- dents of Monroe County could use their buildings as shelter in the event of a hurricane. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Port Largo Yacht Club, Inc. to relocate the lounge area to property adjacent to the present location, at ground level, on Lot 528, Port Largo - 5th Addition, Carribean Drive, Key Largo, zoned BU-2-F. During discussion, motion was made by Commissioner Swift to amend the motion to allow for an eight -foot minimum height. Roll call vote on the original motion as amended was unanimous. Mr. Charles Aguero, Municipal Services District Director, addressed the Board concerning the proposed Contract For Engineering Services with Hazen and Sawyer, P.C. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to accept and authorize the Mayor and MSD Director to execute the Agreement between the Monroe County Municipal Service District and Hazen and Sawyer, P.C., Engineers Contract For Engineering Services. Roll call vote was taken with the following results: CC 084 Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the request to Call For Bids on one truck with crane for Pollution Control. Roll call vote was unanimous. AWARDING OF BIDS Mr. Bob Harris of Post, Buckley, Schuh & Jernigan, Inc. addressed the Board and gave the staff's recommen- dations concerning the bids for Roadway Improvements opened by the Bid Committee on April 12th. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to award the bid for Roadway Improvements for Coco Plum Drive (Mile Marker 54) to the low bidder, General Asphalt Co., Inc., in the amount of $83,106.40, and authorizing the County Attorney to prepare and the Chairman to execute the necessary Contract. Motion carried unanimously. In accordance with the recommendations of staff, motion was made by Commissioner Swift and seconded by Commissioner Freeman to award the bid for Public Official Liability Insurance to Arthur J. Gallagher & Co. (International Surplus Lines Insurance Company) as follows: $1,000,000 per occurrence/aggregate $159000 ($10,000 ded, each loss; $7,500 ded. each insured) Motion carried unanimously. In accordance with the recommendations of staff, motion was made by Commissioner Swift and seconded by Commissioner Fahrer to award the bid for Comprehensive Business Insurance to Fred S. James & Co. of Florida, Inc. (Hartford Fire Insurance Company) as follows: Buildings and Contents $71,111 Contractors' Equipment $ 2,269 Voting Machines $ 105 Communications Equipment $ 1,451 Contents of Bookmobile $ 175 Radio -TV Communication Equipment $ 8,428 Public Employees Blanket Bond $ 2,402 Money and Securities $ 2,041 (subject to $500 ded.) Motion carried unanimously. Art Skelly addressed the Board and gave the staff's recommendations concerning the bids for an Exclusive Taxicab And Limousine Franchise at the Key West International Airport. Commissioner Swift advised that he would not vote on this issue due to a conflict of interest. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to accept the recommendation of staff and award the CC 085 bid for an Exclusive Taxicab And Limousine Franchise at the Key West International Airport to the Five 6-6666 Cab Co. at $1,250.00 per month. Mr. Bruce Ritson, Director of Marketing of Island Transportation Services, Inc. addressed the Board and presented a written clarification of their bid proposal in this matter. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to withdraw their original motion and return this matter to staff for further study and a report back to the Board at 3:00 p.m. Roll call vote was unanimous with Commissioner Swift abstaining. In accordance with the recommendations of staff, motion was made by Commissioner Fahrer and seconded by Mayor Harvey to award the bid for the Civil Schedule of the Marathon Airport AIP Project No. 3-12-0044-04 to The Brewer Company of Florida in the amount of $704,293.78, subject to FAA approval. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to accept the recommendations of staff and award the bid for the Electrical Schedule of the Marathon Airport AIP Project No. 3-12-0044-04 to W & T Enterprises, Inc. in the amount of $201,175.00, subject to FAA approval. Motion carried unanimously. GENERAL REPORTS Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to deny a request to install a street light in front of Spectrum School and The United Methodist Church on Big Coppitt Key since the County cannot install lights on secondary roads and direct the County Administrator to write to Spectrum School in this matter. Roll call vote was unanimous. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Commissioner Swift introduced Mr. Frank Bremer who addressed the Board concerning the problems he was incurring regarding Specialty Licenses. After a lenghty discussion, the Building Director was advised to issue Mr. Bremer his requested Specialty Certificate of Competency and the County Administrator was directed to form a committee to make cer- tain recommendations regarding Specialty Licenses. Motion was then made by Commissioner Stormont and seconded by Mayor Harvey to adopt the following Resolution indicating an intent of policy authorizing renewal of Specialty Contractor Licenses and directing the County Attorney to correct Code errors relating to Specialty Contractors. Roll call vote was unanimous. RESOLUTION NO. 122-1985 See Res. Book No. 43 which is incorporated herein by reference. REQUEST TO ADDRESS THE BOARD Frank Romano, Vice Chairman of the Tourist Development Council, addressed the Board concerning the current status of the Council. A film presentation was given. Mr. Romano then discussed the budget and other mat- ters concerning the Council. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to add to the Agenda as Item L-1A the approval of a budget for the Council. Motion carried unanimously. Motion was then made by Commissioner Fahrer and seconded by Commissioner Stormont CC 086 to approve the Administrative Budget for the Tourist Devel- opment Council as set out on the attached sheet entitled "Administrative Services Budget FY 84-85." Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to appoint George Fetherston to fill the unexpired term of Eddie Breeze on the Tourist Development Council. Henry Rosenthal of the Islamorada Chamber of Commerce and George Butler of the Greater Marathon Chamber of Commerce both addressed the Board con- cerning future appointments to the TDC. County Attorney Proby advised the Board on the make-up of the TDC. Following discussion, roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Commissioner Swift read to the Board a letter received from City Commissioner Jimmy Mira's office concerning his removal as a member of the TDC. Sandy Higgs addressed the Board in reply to this letter. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to uphold the ruling of the Tourist Development Council removing Jimmy Mira as a member and to appoint someone to replace him for the remainder of his term. After discussion, this motion was withdrawn by the maker and seconder. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to reappoint Jimmy Mira to the Tourist Development Council for the balance of his term. Motion carried unanimously. Mayor Harvey introduced the members of the TDC who were present at the meeting. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mayor Harvey addressed the Board concerning the possible acquisition of Safe Harbor Marina by the County. Jeff Fisher, County Extension Services Director, advised the Board about the meeting of the Port Advisory Committee and their recommendations. County Administrator Lewin called the Board's attention to the fact that there were some title clouds on this property. After discussion, County Administrator Lewin was directed to arrange a "Dutch Treat" Breakfast for the Board with the members of the Key West City Commission. The Board recessed for lunch. The Board reconvened after lunch with everyone pre- sent except Commissioner Swift. LEGAL DEPARTMENT Representatives of the Industrial Bond Authority and the Marathon Manor Nursing Home addressed the Board con- cerning the refinancing of the $41/2 Million Bond Issue. Mel Levitt addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution approving the issuance of Industrial Development Revenue Refunding Bonds. Roll call vote was unanimous with Commissioner Swift not present. CC 087 RESOLUTION NO. 123-1985 See Res. Book No. 43 which is incorporated herein by reference. DISTRICT 2 BOARD OF GOVERNORS A special meeting of the Board of Governors, District 2, convened. Present and answering to roll call were Mayor Wilhelmina Harvey, Mayor Samuel Feiner, Commissioner Alison Fahrer, Commissioner William Freeman, and Commissioner Russell Radom. Also present were Kermit Lewin, County Administrator; Lucien Proby, County Attorney; Rosalie Simmons, Deputy Clerk; members of the Press and Radio; and the general public. Reggie Paros, Emergency Services Director, addressed the Board. Motion was made by Mayor Feiner and seconded by Commissioner Fahrer to authorize a Call for Bids for the purchase of one truck chassis and related remounting work and the purchase of a new fire pump and 1,500 gallon appara- tus body and related work required to mount same onto an existing truck chassis. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Radom to approve the request from the Emergency Services Department to seek proposals for a loan in the amount of $120,000.00 from lending institutions for financing the purchase of one truck chassis and related remounting work and the purchase of a new fire pump and 1,500 gallon apparatus body and related work to mount same onto an existing truck chassis. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the request from the Emergency Services Department to add two fire hydrants to the District 2 list, pay the annual maintenance charge for same, and pay the past -due balances in the amount of $150.00 each to the Florida Keys Aqueduct Authority. Motion carried unanimously. There being no further business, the meeting of the District 2 Board of Governors adjourned. The meeting of the Board of County Commissioners reconvened. Mr. Bill Moore of the Organized Fishermen of Florida addressed the Board concerning the organization's efforts to obtain funds from the Economic Development Administration and/or the Industrial Revenue Bond Authority to assist in the establishment of fishing villages in Monroe County. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to direct the County Attorney to prepare a Resolution endorsing the endeavors of O.F.F. to acquire funds to assist in the establishment of fishing villages in Monroe County. Motion CC 088 carried unanimously. AWARDING OF BIDS Reggie Paros, Director of Emergency Services Department, addressed the Board regarding Ambulance Service and volunteers within Municipal Services Taxing District 1-B (Big Coppitt) and presented a status report to the Board. Mr. Paros reported to the Board that no bids had been received for Contractual Ambulance Service to serve Municipal Service Taxing District 1-B located between Boca Chica Channel East to Shark Channel. Mr. Paros then reported to the Board that only one bid had been received from Atlantic/Key West Ambulance Service, Inc. for the Contractual Ambulance Service to serve Municipal Service Taxing District 1-A located between Cow Key Channel East to Boca Chica Channel and Municipal Service Taxing District 1-B located between Boca Chica Channel East to Shark Channel. Mr. Paros recommended that the Board reject this proposal, continue the current operations with the City of Key West for District 1-A, and re -advertise for Contractual Ambulance Service for District 1-B. Geoffrey Littick of Atlantic/Key West Ambulance Service, Inc. addressed the Board concerning his bid and presented an alternative plan for negotiation. Paul Galloway, resident of District 1-A, also addressed the Board. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to reject the bid of Atlantic/Key West Ambulance Service, Inc. for the Contractual Ambulance Service to serve Municipal Service Taxing District 1-A located between Cow Key Channel East to Boca Chica Channel and Municipal Service Taxing District 1-B located between Boca Chica Channel East to Shark Channel and instruct the Director of the Emergency Services Department to renegotiate, consult with the local people, and report back to the Board for approval at the next Commission meeting. Motion carried unanimously with Commissioner Swift not present. REQUEST TO ADDRESS THE BOARD Mel Levitt addressed the Board about the financial hardships being experienced by the Hospice of the Florida Keys. He advised the Board that the AARP had voted unani- mously to act as an "umbrella" organization for the Hospice and enter into a Lease with the County for the use of the Teen Center on Sunday afternoons for Bingo, the proceeds of which would go to the Hospice. Motion was made by Com- missioner Fahrer and seconded by Commissioner Freeman to direct the County Attorney to draft the necessary lease documents for the leasing of the County Teen Center on Sunday afternoons by the AARP for the benefit of the Hospice of the Florida Keys. Motion carried unanimously with Commissioner Swift not present. GENERAL REPORTS Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to name The Key West Citizen (as having the lowest cost to the County) in being selected to print the Delinquent Tax List. Motion carried unani- mously with Commissioner Swift not present. Mr. Tom Fouts of Islamorada addressed the Board concerning this matter. CC 089 REQUEST TO ADDRESS THE BOARD Sergeant Larry Lawrence of the Game and Fresh Water Fish Commission addressed the Board concerning the trash problems in the Keys, specifically along U. S. 1, and made a slide presentation concerning the same. Mr. Tom Fouts also spoke to the Board on this matter. Mr. James Stokes, Chairman of the Monroe County Fine Arts Council, addressed the Board. Mr. Stokes requested that the Board consider scheduling a Workshop session in the near future. He then discussed the financial problems that the Council was currently experiencing. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance amending the current Ordinance to provide that the Executive Director of the Council set forth therein may be either an individual or a corporation for the purposes of contracting for the services of said Executive Director. Motion carried unani- mously with Commissioner Swift not present. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Fahrer granting authority to the Monroe County Fine Arts Council to pay current general operating expenses out of the County appropriation, subject to legal approval by proper authorities. Motion carried unanimously with Commissioner Swift not present. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS After a lengthy discussion, motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to authorize the County to build its own Animal Shelter on County -owned property. Motion carried unanimously with Commissioner Swift not present. Mayor Harvey entered into a discussion concerning the surplus plants. Bob Harris of Post, Buckley, Schuh & Jernigan, Inc. advised the Board that the State of Florida Department of Transportation was going to replace approxima- tely $6,500.00 worth of plants for planting specifically in the Upper Keys. Mr. Harris also advised the Board that DOT would be giving the County approximately $6,744.50 cash reimbursement for their use in purchasing additional plants. The Board entered into a discussion concerning the recommen- dations from the Highway Beautification Committee as to pla- cement of plants throughout the Keys. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to direct the Public Works Director to work closely with the Highway Beautification Committee in deciding what types of plants to place in particular County areas. Motion carried unanimously with Commissioner Swift not present. Plans for new construction at the Marathon Government Center were presented to the Board. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to direct the Public Works Director to proceed with the construction plans for the Marathon Government Center as presently designed. Motion carried unanimously with Commissioner Swift not present. AWARDING OF BIDS The County Attorney reported back to the Board con- cerning the bids received for the Exclusive Taxicab and Limousine Franchise at the Key West International Airport. He advised the Board that in his opinion, the only valid bid CC. 090 was from Five 6-6666 Cab Co. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to reject all bids and direct the County Attorney to re -advertise. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried unanimously with Commissioner Swift not pre- sent. Bruce Ritson of Island Transporation Services, Inc. and Darren Guttmann of Five 6-6666 Cab Co. both addressed the Board concerning this matter. Motion was then made by Commissioner Fahrer and seconded by Commissioner Freeman to instruct the Airport Director to negotiate this matter with the County's best interests in mind and report back to the Commission. Motion carried unanimously with Commissioner Swift not present. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mayor Harvey presented to the Board a report from Albury, Morgan & Hendrick, P.A. regarding the legal and practical aspects for Monroe County to establish a toll road on U. S. 1. No action was taken. Commissioner Fahrer entered into a discussion con- cerning the Summer Recreation Program. The Deputy Clerk was instructed to check the Commission Minutes regarding pre- vious action taken by the Board concerning this Program and report back to the Commission. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to hold the regular meetings of the Board of County Commissioners on the second and fourth Fridays of each month, effective with the May loth meeting. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Mayor Harvey Yes Motion carried with Commissioner Swift not present. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to appoint Captain Maurice Muncie to the Code Enforcement Board. Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to adopt the following Resolution pertaining to the utilization of substandard and non -conforming RU-3 lots. Roll call vote was unanimous with Commissioner Swift not present. RESOLUTION NO. 124-1985 See Res. Book No. 43 which is incorporated herein by reference. County Attorney Proby was directed to seek an Attorney General's Opinion regarding the 5:00 P.M. time for Ordinance Public Hearings. CC" - 091 REQUEST TO ADDRESS THE BOARD Mr. Tom Fouts addressed the Board regarding the need for the Key Largo Airport. County Attorney Proby reported to the Board concerning the status of the Key Largo Airport court case. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to direct the County Attorney to file for a re -hearing on the Key Largo Airport case. Motion carried unanimously with Commissioner Swift not pre- sent. After further discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman that the Key Largo Airport be retained on the Land Use Maps as it is presently zoned - "Private Airport" - and that the planners be so advised. Motion carried unanimously with Commissioner Swift not present. Bob Harris of Post, Buckley, Schuh & Jernigan, Inc. reported to the Board on the Upper Keys Airport Site Selection study. After discussion, the County Administrator was directed to formally contact the FAA and FOOT for a Workshop with aviation and highway officials from those two agencies concerning the Key Largo Airport. County Attorney Proby advised the Board that State Attorney, Kirk Zuelch, had requested his appearance before the Board be postponed until the next Key West meeting. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance pertaining to the replacement and substitution of currently existing mobile homes by the owners thereof with newer or new mobile homes in certain specified Zoning Districts; pro- viding for a procedure for obtaining replacement permits through the Monroe County Building Department and the Zoning Department after Public Hearing; providing criteria governing the issuance of replacement permits; providing that replacement permits shall not be issued in certain spe- cified Zoning Districts; providing for an Appeals procedure concerning the granting or denial of such replacement per- mits to the Monroe County Board of County Commissioners; providing for severability; providing that all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of any such conflict; pro- viding for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to read by title only. Motion carried unanimously with Commissioner Swift not present. Mr. A. T. Johnstone, President of the Coral Shores Property Owners Association, addressed the Board concerning the Ordinance. There was no further public input. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to continue until the next scheduled Public Hearing. Motion carried unanimously with Commis- sioner Swift not present. A Public Hearing was held on a proposed Ordinance amending Section 19-129 of the Monroe County Code of Ordinances concerning the parking of trucks, trailers and travel trailers so as to provide for change of dimensions and weights thereof; providing for severability; providing that all Ordinances or parts of Ordinances in conflict with this Ordinance are replaced; providing for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to read by title only. CC 092 Motion carried unanimously with Commissioner Swift not pre- sent. Jaime Millis and Bob Ernst addressed the Board con- cerning the proposed Ordinance. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to direct the County Attorney to amend the proposed Ordinance to include language regarding non -habitation and to continue until the next scheduled Public Hearing. Motion carried unanimously with Commissioner Swift not present. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 1-1973, as amended, codified as Chapter 19 of the Monroe County Code of Ordinances and known as "The Monroe County Zoning Ordinance" by amending Section 19-202(b) of the Monroe County Code to provide for accessory uses in RU-7 Zoning Districts as folows: drug and sundry shops, florists, gift shops, confectionery stores, restaurants, coffee shops, newsstands, personal services and cocktail lounges, stock brokers, travel agents, accountants and attorneys; providing for severability; providing for repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; pro- viding for inclusion of this Ordinance in the Monroe County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to read by title only. Motion carried unanimously with Commissioner Swift not present. Grace Manillo spoke in opposition of the proposed Ordinance. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to continue this proposed Ordinance until the next scheduled Public Hearing. Motion carried unanimously with Commissioner Swift not present. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 1-1973, codified as Chapter 19 of the Monroe County Code of Ordinances and known as The Monroe County Zoning Ordinance, by the addition of a new section to Article X of said Chapter 19 to be numbered as Section 19.217.9 and entitled "Pyramid Uses"; providing for the per- mitting of all uses permitted in the Light Business Districts (BU-1, BU-1-L, BU-1-M and BU-1-0) as described in Sections 19-216, 19-216.1, 19-216.2 and 19-216.3 of the Monroe County Code of Ordinances as additional principal uses in the Medium Business Districts (BU-2, BU-2-Q, BU-2-R, BU-2-S, BU-2-T and BU-2-U) as described in Sections 19-217, 19-217.19 19-217.2, 19-217.3, 19-217.4 and 19-217.5 of the Monroe County Code of Ordinances; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; providing for severability; providing for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to read by title only. Motion carried unanimously with Commissioner Swift not present. There was no public input. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to continue this pro- posed Ordinance until the next scheduled Public Hearing. Motion carried unanimously with Commissioner Swift not pre- sent. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 029-1984; providing for an exemption to the Moratorium as extended by Ordinance No. 029-1984, to provide for the building of churches in GU Zones as defined in Chapter 19 of the Code of Ordinances; providing for severability; providing for repeal of all Ordinances or CC 093 parts of Ordinances in conflict with this Ordinance; pro- viding for inclusion in the Code of Ordinances of Monroe County, Florida; and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously with Commissioner Swift not present. Father Grant of St. Francis of the Keys Episcopalian Church spoke in favor of the proposed Ordinance. After discussion, the County Attorney was directed to include a definition of a church building in the proposed Ordinance. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to continue this proposed Ordinance until the next scheduled Public Hearing. Motion carried unanimously with Commissioner Swift not present. A Public Hearing was held on a proposed Ordinance establishing and creating a moratorium on new and additional signs in Monroe County, classified as Class "B" Signs, as defined in Section 19-254(b) of the Monroe County Code of Ordinances; establishing a time certain for said moratorium on signs; establishing an effective date of said mortatorium; providing for two (2) separate Public Hearings for this Ordinance; providing for severability; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of said conflict; providing for inclusion in the Monroe County Code of Ordinances; and pro- viding an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously with Commissioner Swift not pre- sent. There was no public input. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to continue this proposed Ordinance until the next scheduled Public Hearing. Motion carried unanimously with Commissioner Swift not present. A Public Hearing was held on a proposed Ordinance extending the Moratorium on Major Developments permitted under Chapter 6 of the Code of Ordinances of Monroe County, and amending Ordinance Nos. 025-1983, 015-1984 and 019-1984; to provide for an extension of the provisions of the afore- said Ordinance No. 025-1983, Ordinance No. 015-1984, and Ordinance No. 029-1984, until October 31, 1985 or until the Land Use Plan is adopted, whichever occurs first; concerning those Major Development applications that have received pre- liminary approval as per Chapter 6 of the Monroe County Code of Ordinances as of this date; giving reasons and the cause for an extension of said Moratorium; stating why it is needed and necessary; providing for the length of time for said extension of the Moratorium and providing for the steps taken to alleviate said condition; providing for certain exceptions of applications which have received preliminary approval for development under Chapter 6, Article VII, of the Monroe County Code; providing that no application which has not received preliminary approval shall be processed and no new applications for Major Development shall be accepted; providing for certain exceptions to said Ordinance; pro- viding for the severability of each and every provision hereof; providing for the repeal of any Ordinances or parts of Ordinances in conflict herewith; providing that said Ordinance shall become part of the Code of Ordinances of Monroe County, Florida; providing for an effective date hereof; and providing for the ratification of any restric- tions and/or moratoriums heretofore approved. Proof of publication was entered into the records. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer CC 094 to read by title only. Motion carried unanimously with Commissioner Swift not present. There was no public input. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to continue this Public Hearing until the next meeting. Motion carried unanimously with Commissioner Swift not present. A Public Hearing was held on a proposed Ordinance repealing Ordinance No. 001-1985 excluding Section "B" thereof; providing for the repeal of Subsection "B" of Section 19-154 of the Code of Ordinances of Monroe County, Florida; providing for severability; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of said conflict; and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously with Commissioner Swift not pre- sent. Bill Moore of the Organized Fishermen of Florida spoke in favor of the Ordinance. Commissioner Fahrer requested the County Attorney to provide the Commissioners with a full copy of the Ordinance showing additions, dele- tions and changes in the entire Ordinance. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to continue until the next scheduled Public Hearing. Motion carried unanimously with Commissioner Swift not present. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 1-1973, as amended, codified as Article XII of Chapter 19 of the Monroe County Code of Ordinances and entitled "Signs"; providing that no permits shall be issued for the erection, construction, installation or alteration of Class "B" Signs in the unincorporated areas of Monroe County, Florida after the effective date of this Ordinance; providing for the prohibition of Class "B" Signs, as defined in Section 19-254(b) of the Monroe County Code of Ordinances, in all Zoning Districts in the unincorporated areas of Monroe County, Florida; providing for the amendment of building restrictions and size limitations contained in Sections 19-261(a) and (c) and 19-263(c) and (d) of the Monroe County Code to the extent said Sections regulate the size and locational requirements of Class "B" Signs; pro- viding that all existing Class "B" Signs as defined in Section 19-254(b) of the Monroe County Code of Ordinances are hereby deemed to be non -conforming structures as well as non -conforming uses of land and providing that all Class "B" Signs shall be removed by the owners thereof or the owner - lessor of the real property upon which said Class "B" signs exist within no less than five (5) years of the effective date of this Ordinance; providing for remedies in favor of Monroe County, Florida in the event owners of said Class "B" Signs or owner -lessors of the real property upon which said Class "B" Signs exist fail to remove said non -conforming structures within the time period provided in this Ordinance; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of any such conflict; pro- viding for inclusion of this Ordinance in the Monroe County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the records. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously with Commissioner Swift not present. The following persons addressed the Board regarding the proposed Ordinance: Roland Fisch, Mary Kilpatrick, Evelyn Blue, Jeanne De St. Croix, Mary Evelyn Wulf, Brian Schmidt, Jack Brennan and Bob Ernst. Mr. Roy Cooper of Legg Outdoor Advertising addressed CC 095 the Board and requested that no vote be taken on this issue until after the Workshop scheduled for April 17th. Mr. Geoffrey White of Legg also addressed the Board in opposition of the proposed Ordinance. Mr. Charles C. Papy, II, attor- ney representing Oak Outdoor Advertising, discussed the lega- lities of the proposed Ordinance. After lengthy discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the proposed Ordinance. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Mayor Harvey No Motion failed with Commissioner Swift not present. Motion was then made by Commissioner Freeman and seconded by Commissioner Stormont to continue discussion of this matter at the Workshop scheduled for April 17th in Key Colony Beach. Motion carried unanimously with Commissioner Swift not present. GENERAL REPORTS Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to approve the request for classification of the new position of Senior Planner, the reclassification from Administrative Secretary -BCC to Commissioner's Aide and the classification of the new posi- tion of Aide to Mayor. Motion carried unanimously with Commissioner Swift not present. LEGAL DEPARTMENT Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance providing that the Code of Ordinances, County of Monroe, Florida, be amended by adding a section to be num- bered (c) to Section 19-101 of Article VI of said Code per- mitting uses of seawalls in all zoned property; providing for severability; repealing all Ordinances or parts of Ordinances in conflict therewith to the extent of said conflict; providing for inclusion in the Code of Ordinances; and providing an effective date. Motion carried unanimously with Commissioner Swift not present. James L. Carpenter addressed the Board concerning his request for the proposed abandonment of a road. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Resolution setting date, time and place for Public Hearing for proposed abandonment of the southerly 100 feet of Johnson Lane in Imber Subdivision located on Key Vaca, Monroe County, Florida. Motion carried unanimously with Commissioner Swift not present. RESOLUTION NO. 125-1985 See Res. Book No. 43 which is incorporated herein by reference. After discussion of a proposed Resolution and Agreement concerning the leasing of a vehicle to the Guidance Clinic of the Middle Keys, Inc. for Baker Act transportation purposes, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to postpone this matter until the next regular Commission meeting. Motion CC 096 carried unanimously with Commissioner Swift not present. GENERAL REPORTS Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to approve the Application for Variance to the Flood Hazard Ordinance of Harry Lunden for the place- ment of a mobile home at an elevation of three concrete blocks high so as to be contiguous to the surrounding mobile homes located on Key Largo, within the mobile home sub- division known as Largo Gardens. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Mayor Harvey Yes Motion carried with Commissioner Swift not present. Jane Morgan addressed the Board concerning the Hammer Point Park subdivision. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Edward and Harriet M. Armbruster to place a mobile home below the flood elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood eleva- tion located on Key Largo, within the mobile home sub- division known as Hammer Point Park. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Mayor Harvey Yes Motion carried with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of 0. B. and Faye Frederick to place a mobile home below the flood elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Hammer Point Park. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Mayor Harvey Yes Motion carried with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Arthur J. and Janet L. Hassard to place a mobile home below the flood ele- vation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Hammer Point Park. Roll call vote was taken with the following results: CC 097 Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Mayor Harvey Yes Motion carried with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Lanelle E. Holloway to place a mobile home below the flood elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Hammer Point Park. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Mayor Harvey Yes Motion carried with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of John Morgan to place a mobile home below the flood elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Hammer Point Park. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Mayor Harvey Yes Motion carried with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Mark Riff to place a mobile home below the flood elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Hammer Point Park. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Mayor Harvey Yes Motion carried with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Mel Riff to place a mobile home three concrete blocks high and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Hammer Point Park. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Mayor Harvey Yes CC 098 Motion carried with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to aprove the Application for Variance to the Flood Hazard Ordinance of James Russell to place a mobile home below the flood elevation and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation located on Key Largo, within the mobile home subdivision known as Hammer Point Park. 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