10/04/1985 Regularr.s
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Regular Meeting
Board of County Commissioners
Friday, October 4, 1985
Plantation Key
A Regular Meeting iof the Board of County
Commissioners convened on the above date in Plantation.
Present and answering to roll call were Commissioner Alison
Fahrer, Commissioner William Freeman, Commissioner John Stormo
and Mayor Wilhelmina Harvey. Absent from the meeting was
Commissioner Ed Swift. Also present were Danny L. Kolhage,
Clerk; Lucien Proby, County Attorney; Charles Aguero, MSD
Manager; 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.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to'approve add-ons to the agenda.
Motion carried unanimously;
Motion was made by Commissioner Freeman and
seconded by Commissioner Fahrer to approve the following
items by unanimous consent:'
LEGAL DEPARTMENT
Board approved the following Resolution approving Monroe
County Appointments to the,South Florida Employment and
Training Consortium Private Industry Council under the pro-
visions of the position paper on the procedures for
establishing the SFETC-PIC;under the provisions of the Job
Training Partnership Act.
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RESOLUTION NO. 281-1985
See Res. Book No. 46 which,is incorporated herein by
reference.
Board approved the following Resolution concerning receipt
of Unanticipated Funds.
RESOLUTION NO. 282-1985
See Res. Book No. 46 which,is incorporated herein by
reference.
Board approved the following Resolution transferring funds.
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RESOLUTI',ON NO. 283-1985
See Res. Book No. 46 which is incorporated herein by
reference.
Board approved the increase in the interest rate on the loan
at Barnett Bank made for the Cross Key Waterway Road and
from the present rate to 7,.75%.
Board approved the invoice;s submitted by Morgan, Albury &
Hendricks in the amounts o;f $2,628.15 and $569.49.
Board approved the following Resolution approving and
authorizing execution by the Mayor and Chairman of the Board
of Addendum No. 8 amending the Agreement dated August 5,
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1983 by and between Post, Buckley, Schuh & Jernigan, Inc.
and Monroe County, Florida, concerning the Jackson Square
Criminal Justice Facility on U.S.O: Property.
RESOLUTION NO. 284A-1985
See Res. Book No. 46 which is incorporated herein by
reference.
GENERAL REPORTS
Board approved the Tourist Development Expenditures in the
amount of $36,648.42, subject to the review of the Finance
Department.
Board approved the request of the Florida Keys Artificial
Reef Association concerning the property known as Bahia
Honda Spit located on Spanish Harbor Key to be used by
fishermen for loading and unloading of traps from vess-els.
BULK APPROVALS
Board approved a Contract between the County of Monroe,
Department of Social Services and Henry Paso for the
admission into Bayshore Manor.
Board approved a refund request in the amount of $100.00
from Irma A. Boleda for zoning clearance not needed.
Board approved the Application for Variance to the Flood
Hazard Ordinance of Paula Baumgartel to place a mobile home
below the 100 Year Base Flood Elevation located on Key
Largo, within the subdivision of Sexton Cove Estates.
Board approved the Application
Hazard Ordinance of William R.
below the 100 Year Base Flood
Largo, within the subdivision
Section 3.
Board approved the Application
Hazard Ordinance of Joseph R.
below the 100 Year Base Flood
Largo, within the subdivision
1st addition.
for Variance to the Flood
Bird to place a mobile home
Elevation located on Key
of Cross Key Waterway Estates,
for Variance to the Flood
Groom to place a mobile home
Elevation located on Key
of Key Largo Trailer Village,
Board approved the Application for Variance to the Flood
Hazard Ordinance of Carlos Rojas to place a mobile home
below the 100 Year Base Flood Elevation located on Key
Largo, within the subdivision of Bermuda Shores.
Board approved the Application for Variance to the Flood
Hazard Ordinance of Porpoise Point Estates, Inc. for the
construction of an enclosure of stairways below the 100 year
Flood Elevation located on Big Coppitt Key,.within the sub-
division of Porpoise Point Estates.
REPORTS AND RECOMMENDATIONS FROM CLERK TO THE BOARD
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FORFEITURES FUNDS
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellmann, PH.D., in the amount of 125.00; Jerrold J.
Weinstock, M.D., in the amount of $525.00.
COURT APPOINTED ATTORNEY, Larry R. Erskin, in the
amount of 2,500.00; Robert S. Fine, in the amount of
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$506.25; William Kuypers, in! the amount of $200.00; W.S.
Smallwood, in the amount of :$1,972.77; Joseph Wolkowsky, in
the amount of $900.00; John!Rotolo, in the amount of
$341.66.
OTHER EXPENSES, Karl Beckmeyer, in the amount of
$113.84; Mitch Denker, in the amount of $$1,542.00; State of
Florida, in the amount of $277.00.
COURT REPORTER SERVICE, Associated Court Reporters,
in the amount of 125.00; Certified Court Reporting Service,
Inc., in the amount of $70.00; Island Reporting Service,
Inc., in the amount of $$115.00; Terry Moran, in the.amount
of $755.00; Chr.istenses Reporting, in the amount of $39.05;
Edmee Prats Court ReportingiService, in the amount of
$293.00; Robert Fazio, in the amount of $920.20; Kathleen A.
Fegers, in the amount of $1;388.90; Feldman & Associates,
Inc., in the amount of $300.100; Florida Keys Reporting, in
the amount of $1,687.70; Laws Reproting, Inc., in the amount
of $165.40; Terry Moran, in'4the amount of $1,250.00; Tomas
Mozer, in the amount of $$35.00; Record Reporting Service,
in the amount of $30.00.
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COURT INTERPRETER SERVICE, Juan Borges, in the
amount of 200.00; Irma Lopez De Pugh, in the amount of
$65.00; Manuel J. Marc ial, in the amount of $25.00; Tomas
Mozer, in the amount of $30100.
WITNESS PAYROLL, Regular Witness Fees, in the
amount of 130.00; Auto Allowance and Travel, in the amount
of $1,213.17. i
EXPERT WITNESS FEES, Joseph Balkon,in the amount of
$1,500.00; Richard Hellman,,in the amount of $120.00;
Brainard W. Hines, PH.D., in the amount of $75.00; John'P.
Mahalovich, PH.D., in the .amount of $125.00.
EXTRADITION COST, 'William A. Freeman, Jr., Sheriff,
in the amount of 8,707.43..
lBoard approved the following Warrants:
W A R; R A N T S
GENERAL REVENUE FUND, #41116-#41923, in the amount
Of $190109296.57.
SUPPLEMENT OF GENE',RAL REVENUE FUND, #196, in the
amount of T29,664.83.
FINE &.FORFEITUREgFUND, #5534555, in the amount of
$810.55. i
FINE & FORFEITURE !FUND, #438-#440, in the amount of
$153,716.87. i
AIRPORT OPERATION & MAINTENANCE FUND, #319-#391, in
the amount of 7,9 7.80. `—
ROAD & BRIDGE FUND, #366-#368, in the amount of
$127,293.95.
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MSD, Marine Bank, !Marathon, #686-#694, in the
amount of�401,463.14. 9 -
MSD, Pledged Funds, #45-#47, in the amount of
$739,466.25.
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MSD, Florida First National Bank (Key West), #306,
in the amount of $28,894.93.
LAW LIBRARY FUND, #156, in the amount of $4,008.15.
CAPITAL PROJECTS FUND, #10341055 in the amount of
41325171.7—.
MONROE COUNTY GROUP INSURANCE, #1014103, in the
amount of 44,209.31.
CARD SOUND BRIDGE FUND, #98499, in the amount of
$49,240.46.
WORKMENS COMPENSATION, #1598-#1613, in the amount
of $11,389.32.
TOURIST DEVELOPMENT COUNCIL, #194, in the amount
of $102,204--7T.—
TRANSLATOR FUND, #84-#86, in the amount of
$38,455.39.
CROSS KEY WATERWAY, #19-#20, in the amount of $1.59.
Board approved to amend the Contract between Kemp & Rosasco,
Certified Public Accountants, and Monroe County for addi-
tional audit procedures and responsibilities to enable them
to evaluate those contro-ls'u'sed in Federal assistant programs.
Board approved the Bond of Phyllis Allen for $5000.00 as a
member of the Board of County Commissioners of Florida Keys
Memorial Hospital.
Board approved the Bond of Margo Golan for $5000.00 as a
member of the Board of County Commissioners of Florida Keys
Memorial Hospital.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Board approved the Contract between A.J. Fernandez, District
Medical Examiner and Monroe County in the amount of
$10,107.00 to be paid semi-annually at the rate of
$5,053.50.
Board approved the following Resolution permitting the Tax
Roll for 1985 to be extended prior to the completion of the
hearings of the Property Appraisal Adjustment Board and the
final certification of the Roll by the Property Appraiser to
the Tax Collector's Office.
RESOLUTION NO. 284B-1985
ee Res. Book No. 46 which is incorporated herein by
eference.
oard approved the appointment of Robert Denslow to the
andicap Commission.
oard approved the Proclamation proclaiming the week of
eptember 17 through September 23, 1985 as CONSTITUTION
EEK.
STAFF REPORTS
oard approved the Lease between Monroe County and Sundance
arriage Corp. d/b/a Dollar Rent-A-Car for an automobile
ental concession at and from the Key West International
irport.
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Board approved the request oif, the Organized Fishermen of
Florida to have their Annual Seafood Festival at the
Marathon Airport for th,e.d.at�es of March 1 through March 2,
1986.
Board approved the request authority to place a lien on',Blk
5, Lot 5 & 6, Johnsonville S`ub., Big Coppitt Key, Sec. 22,
Twp. 67, Rge. 26 for non-payment of lot clearing in the'
amount $3,175.28 on Bienvenido Perez.
Board approved the payment tjo H.W. Beyer Funeral Home in the
amount of $650.00 for the pipuer burial of Richard E. Newton.
COUNTY ADMINISTRATOR'S REPORT
Mr. Stickney acting" as the County Administrator in
the absence of Kermit Lewin.,
Motion was made bylCommissioner Fahrer and seconded
by Commissioner Freeman approving the renewal of a leased
vehicle for the Airport Manager. Motion carried
unanimously.
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Motion was made by�Commissioner Fahrer and seconded
by Commissioner Stormont to;approve an invoice for the month
of August for Post, Buckley,'; Schuh & Jernigan in the amount
of $32,389.30. Motion carried unanimously.
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Motion was made by:Commissioner Freeman and
seconded by Commissioner F,ahlrer to authorize the purchase of
three (3) 3/4 ton pickup trulcks for the Road Department
under State Contract in theiamount of $8,320.00 each.
Motion carried unanimously.!
Board briefly discussed complaints concerning the
delays in processing building permits.
Board discussed thel memorandum from Mr. Jeff
Fisher, Extension Director concerning the Director of the
City Port and Transit Authorities request for conformation
that the Board of County Commissioners would participate' in
the funding of a feasibility, study concerning Safe Harbour.
Motion was made by Commissioner Fahrer seconded by
Commissioner Freeman to postpone consideration of this
request to the next Key West! meeting. Motion carried
unanimously.
MUNICIPAL SERVICE DISTRICT REPORT
Motion was made by,Commissioner Fahrer and seconded
by Commissioner Freeman to authorize the advisement of an
Ordinance to set the Residen'tial and Commercial garbage
rates and call for two public hearings. During discussion a
motion was made by Mayor Harvey that the Public would be
notified through the media i:n advance of what the proposed
rates are currently. The amendment was accepted by the maker ani
became part of the originallmotion. Ms. Aelene Reiser
addressed the Board concerning this matter. Roll call vote
on the motion was unanimous.,
Mr. Aguero advised:the Board that he was in the
process of the implementation of a computerized maintenance
schedule program. i
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Motion was made by;Commissioner Freeman and
seconded by Commissioner Fah;rer to authorize annual leave
for October loth & 11th for Mr. Aguero. Motion carried una-
nimously.
BUILDING, PLANNING & ZONING DIRECTORS REPORT
Mr. Pattison advised the Board that he was
accepting applications for Building Official. He also
advised the Board of the resignation of the Lower Keys
Biologist, George Schmahl.
Mr. Pattison discussed possible job reclassifica-
tions and the need for a management audit, his need for a
telephone credit card, and also advised the Board that the
NOAA Maps were on order. Also breifly discussed was Mr.
Pattison receipt of the final Economic Impact Report from
Dr. Nicholas. No further action was taken.
STAFF REPORTS
Mr. Steve Gordon, Florida Department of
Transportation addressed the Board and discussed the DRI
process as it applies to the Environmental Assessment and
the Upper Keys Airport. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman to request
the binding letter from DCA concering the applicability of
the DRI process to the proposed Upper Keys Airport. Roll
call vote on the motion was unanimous.
REPORT & RECOMMENDATIONS OF BOARD MEMBERS
Mr. Pattison discussed the proposed responses to
the objections and comments of DCA to the County's Draft
Comprehensive Plan. During discussion motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
reconsider the Boards previous motion concerning the adop-
tion of the Land Use Plan subsequent to close of the
Legislative session. Roll call vote was unanimous.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to plan the schedule of events to
provide for a decision on the adoption of a Land Use Plan by
the 31st of January 1986. Roll call vote on the motion was
unanimous.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to adopt the schedule of the Land
Use Plan. (See attached pages). Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman directing the County Attorney to
prepare and the Chairman execute the following Resolution
requesting a ninety (90) day delay commencing on December 15
1985, to conclude the review of the prospective Land Use
Plan for Monroe County. Motion carried unanimously.
RESOLUTION NO. 284-1985
See Res. Book No. 46 which is incorporated herein by
reference.
The Board discussed the future meetings and actions
on the Land Use Plan. No further action.
Mayor Harvey discussed a functional organizational
chart concerning the MSD. This matter was referred to Mr.
Charles Aguero, Director of MSD.
Commissioner Stormont discussed information
recieved from the City Commission on a sur-tax for low
income housing. No action was taken.
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Commissioner Storm1 0
ont discussed the make up of the
Billboard Committee. Motion was made by Commissioner Fahrer
and seconded by Commissionetir Freeman that the Billboard
Committee be desolved and that a new committee be appointed
by an appointment of one member for each of the Board of
County Commissioners and with Commissioner Stormont acting
as Chairman. Motion carried unanimously.
BULK iAPPROVALS
Board discussed th;e Variance application of Ocean
Reef Art League, Inc. During discussion a motion was made
by Commissioner Stormont and seconded Mayor Harvey directing
the County Attorney to preplare an Emergency Ordinance to
conform the County Code on ,break -a -way walls to FEMA
requirements. Roll call vote on the motion was unanimous.
Mr. Chuck Tittle, representing the Ocean Reef Art League,
Inc., addressed the Board concerning their request for
variance. Motion was made"by Commissioner Fahrer and secon-
ded by Commissioner Freeman to approve the Application for
Variance to the Flood Hazard Ordinance of Ocean Reef Art
League, Inc., for the construction of an enclosure of 1,630
Sq. Ft., below 100 Year Flood Elevation for Offices located
in Key Largo, subdivision o;f a parcel of land lying in the
NE1/4 of SW1/4 of Sect.7, T59S, R 41E, Monroe County,
Florida, with the requirement for additional permitting in
accordance with FEMA regulations. Roll call vote on the
motion was unanimous.
REPORTS & RECOMMENDATIONS OF BOARD MEMBERS
Mayor Harvey discussed the operation of MSD and
introduced Mr. Bill Strauss, a Consultant concerning Plant
Operations. Mr. Strauss then proceeded to address the Board
concerning a review of the operations of the Municipal
Service District. No action was taken.
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Motion was made by Commissioner Freeman and secon-
ded by Commissioner Fahrer!to approve the HUD Rental
Rehabilitation Program in the amount of $250,000.00 and
authorizing the Chairman to execute the necessary Contract
documents. Roll call vote:on the motion was unanimous:
Mayor Harvey discussed the proposed purchase of
Truman School for the County use as storage and office
space. No action was taken:
Commissioner Fahrer called upon Helen Wadley to
discuss the operation of the Islamorada Library.
Commissioner Fahrer then read a statement calling for the
designation of the Islamorada Library as the "Monroe County
Helen Wadley Branch Library". Motion was made by
Commissioner Fahrer and seconded by Commissioner Stormont to
approve the following Resolution authorizing the designation
of the Islamorada Library as the "Monroe County Helen Wadley
Branch Library". Motion carried unanimously.
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RESOLUTION NO. 285-1985
See Res. Book No. 46 which'is incorporated herein by
reference.
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to aurhorize the placement of an appropriate
plaque at the Islamorada Library acknowledging its dedica-
tion. Motion carried unanimously.
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STAFF REPORTS
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to approve the Application
of John and Andrea McCarthy for the construction of a dock
but dening the request for a rip rap. Motion carried
unanimously.
During discussion Mayor Harvey called for a Special
Meeting of the Board of County Commissioner for 10:30 A.M.,
Saturday, October 12, 1985,,Courtroom B, in Key West for the
purpose of meeting with the Secretary and other members of
the DCA staff.
UNFINISHED BUSINESS
Mr. Andrew Tobin addressed the Board concerning his
clients claims as to certain roads located in Venetian
Shores subdivisions. No action was taken.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
Amending Chapter 19 of the Code of Ordinances providing for
an amendment to section 19-279(4) entitled "Approach Zone"
and amending Section e. Thereof to provide for an incrase in
clear zones for Runway 9, Key West International Airport and
Runway 25, Marathon Flight Strip; providing for severabili-
ty; repealing all Ordinances or parts of Ordinances in
conflict with this Ordinance to the extent of said conflict;
providing for inclusion in the Code; and provinding and
effective date. Proof of Publication was entered into the
record. Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to read by title only. Motion
carried unanimously. There was no public input. Motion was
made by Commissioner Fahre.r and seconded by Commissioner
Freeman to adopt the proposed Ordinance. Roll call vote on
the motion was unanimous:.
ORDINANCE NO. 032-1985
See Ord. Book No. 10 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
providing that the Code of Ordinances, County of Monroe,
Florida, be amended by revising section 19-5 of said code,
entitled "Definitions" by providing a definition for
Veterinary Clinic; amending Section 19-127.1(a) of said
Code, by adding a subsection to be numbered (32) providing
Veterinary Clinic to be a permittted use in a BU-2Q zoned
district; providing for inclusions of this Ordinance in the
Monroe County Code of Ordinance; providing for the repeal of
all Ordinances or parts of Ordinances in conflict herewith
to the extent of said conflict; and providing an effective
date. Proof of Publication was entered into the record.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to read by title only. Dr. Jim Green
addressed the Board in favor of the proposed Ordinance.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to refer this matter to the Zoning
Board to be considered as soon as possible and return to the
Board for a second Public Hearing. Motion carried
unanimously. Mr. Paul Snellinger of Big Pine Key addressed
the Board and opposed the proposed Ordinance.
A Public Hearing was held on a proposed Ordiance
extending the Moratorium on Major Developments permitted
under Chapter 6 of the Code of Ordinances of Monroe County,
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and amending Ordinance Nos.: 025-1983, 015-1984, 029-1984,
and 009-1985; to provide fo'r an extension of the provisions
of the aforesaid Ordiance N�o. 025-1984, and Ordinance No.
009-1985, until April 30, 1,986 or until the Land Use Plan is
adopted, which ever occurs 'Ifirs; concerning those Major
Development Applications that have received preliminary,
approval as per Chapter 6 oaf the Monroe County Code of
Ordinances as of this Date;i Giving reasons and the cause for
an extension of said Moratorium; stating why it is needed
and necessary; providing f`r the length of time for said
extension of the Moratorium and providing for the steps
taken to alleviate said conditions; 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 preliminarly approval shall be processed and
no new Applications be acceipted; providing for certain
exceptions to said Ordiancel; providing for the severabi,lity
of each and every provision, hereof; providing for teh repeal
of any Ordiances or parts o'f Ordiances 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 restrictions and/or Moratoriums heretofore approved.
Proof of Publication was entered into the record. Motion
was made by Commissioner Fdhrer and seconded by Commissioner
Freeman to read by title only. Motion carried unanimously.
Mr. Charles Pattison, Director of Building, Planning &;
Zoning adddressed the Board concerning the need for the
extension of the Moratorium as it relates to the provisions
of public services and thelon going planning process. Mr.
Cleare Filer addressed thelBoard and opposed the extention
of the Moratorium and discussed its effect on his property
on Big Torch Key. Ms. Anne G. Filer also addressed the
Board concerning this matter. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
continue until the next Public Hearing. Motion carried
unanimously.
There being no
adjourned.
further business the meeting was
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K40NDAY
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nsFSOAY WEDNESDAY THURSDAY
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BCC PLANTATION
BCC vote to transmit
reply to comments
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Unrecorded Sub-
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APPEALS
Consultants deliver
HOLIDAY
preview of Text
Changes. Staff de-'
liver Unrecorded Sub-
division report.
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staff and staff pre-
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sentation on CF
Peer Review and Un-
report (no vote)
recorded Subdivision
reports. Carry over
(7 FM •- marathon)
of CF workshop.
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Changes.
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APPEALS
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APPEALS BCC Key West
Last day to
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APPEALS
BCC Mara thon
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