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07/02/1985 RegularDD 077 Regular Meeting Board of County Commissioners Wednesday, July 2, 1985 Tavernier A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, Commissioner Ed Swift, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; 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 Swift and seconded by Commissioner Freeman to approve the following items by unanimous consent: LEGAL DEPARTMENT Board adopted the following Resolution, incorporating a Biological Assessment into the record, concerning approval, per staff recommendations, of the Application for Permit of Celio Munoz to excavate a boat slip on Key Largo within the subdivision known as Key Largo Ocean Shores, Lot 22, Block 3; zoned RU-1. RESOLUTION NO. 192-1985 See Res. Book No. 45 which is incorporated herein by reference. STAFF REPORTS Board approved CCE Contract for Fiscal Year 1986 between Area Agency On Aging For Dade & Monroe Counties/United Way Of Dade County, Inc. and Monroe County Board of County Commissioners/Monroe In -Home Service. LEGAL DEPARTMENT Board adopted the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute a Joint Participation Ageement by and between the County of Monroe, Florida and the City of Key West, Florida concerning the Community Pool located at 300 Catherine Street, Key West, Florida. RESOLUTION NO. 193-1985 See Res. Book No. 45 which is incorporated herein by reference. Board adopted the following Resolution concerning receipt of unanticipated funds. RESOLUTION NO. 194-1985 See Res. Book No. 45 which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 195-1985 See Res. Book No. 45 which is incorporated herein by reference. CLERK OF THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURE FUNDS COMPETENCY & PSYCHOLOGICAL EVALUATIONS, A. M. Castillo, M.D., in the amount of 5U.0 ; Richard Hellmann, Ph.D., in the amount of $345.00; Sanford Jacobson, M.D., in the amount of $1,319.00; Mental Health Care Center of the Lower Keys, Inc., in the amount of $1,160.00; Hollywood Treatment Center, Inc., in the amount of $850.00. COURT -APPOINTED ATTORNEYS, Larry R. Erskine, in the amount of 8 .50; Roberta S. Fine, in the amount of $566.25; William Kuypers, in the amount of $816.50; Jeffrey B. Meyer, in the amount of $187.50; John P. Rotolo, in the amount of $1,303.06; Paul E. Watson, in the amount of $1,941.23. OTHER EXPENSES, Larry R. Erskine, in the amount of $151.00; Ellis Rubin Law Offices, in the amount of $592.55; Norman Robbin, C.S.R., in the amount of $221.85; Louis J. Spallone, Clerk, in the amount of $100.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of 85.00; Certified Reporting Service, Inc., in the amount of $381.90; Depositions And..., Inc., in the amount of $246.85; Robert Fazio, in the amount of $1,655.50; Paul Finetti, in the amount of $167.50; Florida Keys Reporting, in the amount of $2,728.00; Laws Reporting, Inc., in the amount of $124.40. COURT INTERPRETER SERVICES, Judd Barish, in the amount of 40.00; Washington Gay, in the amount of $445.00; Humberto Jimenez, in the amount of $190.00; Stephen Moore, in the amount of $60.00; Norma Scott, in the amount of $65.00; Gilbert J. Suarez, in the amount of $25.00; Yolanda Valdes, in the amount of $275.00. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of 9 .0. Board approved the following Warrants: W A R R A N T S GENERAL REVENUE FUND, #36953-#37607, in the amount of $1,519,511.94. SUPPLEMENT TO THE GENERAL REVENUE FUND, #188-#189, in the amount o 5,T3U_._T3. FINE & FORFEITURE FUND, #539-#541, in the amount of $665,894.24. ROAD & BRIDGE FUND, #354-#355, in the amount of $246,128.22. $67.01. CROSS KEY WATERWAY ESTATE, #17, in the amount of AIRPORT OPERATION & MAINTENANCE FUND, #3054309, in DD 079 the amount of $30,397.86. MONROE COUNTY GROUP INSURANCE, #90491, in the amount of 63,000.00. CAPITAL PROJECTS FUND, Construction Account, #89490, innthe—amount of 76,415.84. TOURIST DEVELOPMENT COUNCIL, #175-#178, in the amount of 423,807.24. LAW LIBRARY FUND, #151=#152, in the amount of $19587.68. CARD SOUND BRIDGE REVENUE FUND, #87490, in the amount of—$61,7-1-8.46. MSD TAX DISTRICT, Southeast Bank, #2504251, in the amount of—$87,835� MSD TAX DISTRICT, Marine Bank, #654-#662, in the amount of—$236,00 .78 3. WORKMENS COMPENSATION, #1483-#1500, in the amount of $24,563.90. 1981 IMPROVEMENT BONDS FUND (Debt Service), #40, in the amount of 8,9 4.37. Board approved the Minutes of the Board of County Commissioners for the meetings of May 23rd, May 24th, May 28th, May 31st, and June 4th. Board adopted the following Resolution authorizing the Clerk of the Board of County Commissioners of Monroe County, Florida to invest funds on hand in excess of current needs to return the highest yield consistent with proper safe- guards. RESOLUTION NO. 196-1985 See Res. Book No. 45 which is incorporated herein by reference. STAFF REPORTS Board approved execution of Grant Offer, AIP Project Number 3-12-0044-0585, for the Marathon Flight Strip, Marathon Florida, Contract No. DTFA-06-85-"A-80122. Motion carried unanimously. PUBLIC HEARINGS The Board conducted a Public Hearing on the pro- posed abandonment of a portion of Nilson Court located in Hammer Point Park. Proof of publication was entered into the record. Mr. Vincent Morales, the Petitioner, addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to postpone this matter until the next meeting. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance providing that the Code of Ordinances, County of Monroe, be amended by revising Section 8-17 amending the definitions of "Bulky Items" and "Rubbish"; by revising Sections 8-23 to provide for issuance of permits to transport solid waste in Monroe County, Florida by the Municipal Service District and to provide for fee upon proper application fee for a permit to transport solid waste in Monroe County; by revising Section 8-27 to provide for nature of service; adding a new section to be numbered 8-40 to provide for judicial remedies for any violations to this section of the Code; adding a new section to be numbered 8-41 to provide for enforcement of Section 8-23 of the Code; adding a new section to be num- bered 89-42 to provide for revocation of permits; providing for severability; repealing all Ordinances or parts of Ordinances in conflict herewith; providing for inclusion in the Monroe County Code of Ordinances; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to retain the following language on Page 4: "other than a Home Occupational License". Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to amend the Ordinance to provide language that will reflect that homeowners will pay tipping fees. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to continue until the next Public Hearing. Motion carried unanimously. COUNTY ADMINISTRATOR'S REPORT Mr. Lewin discussed the school's request for a per- mit for the expansion of Sugarloaf Elementary and the zoning problems associated with the Application for Permit. Mr. Lewin advised the Board that because this was located in a GU zone, it was a non -conforming use and would necessitate under a normal situation that The School Board go through the Zoning Board process. Motion was made by Commissioner Swift and seconded by Commissioner Freeman authorizing and granting the authority to The School Board to begin construction of an addition to Sugarloaf Elementary School pending and prior to a hearing of the Zoning Board for zoning change. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to declare an emergency due to educa- tional needs of the County and children in the area of the Sugarloaf Elementary School, the problem that the County has experienced with school closings, and for the health, safety and welfare of the citizens of Monroe County. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to adopt the following Emergency Ordinance declaring the building of the addition of Sugarloaf Shors Elementary School to be an emergency and providing for the same to be permitted in a GU Zone; providng for severability; repealing all Ordinances or parts of Ordinances in conflict herewith to the extent of said conflict; providing for inclusion in the Code of Ordinances of Monroe County, Florida; and pro- viding an effective date. ORDINANCE NO. 021-1985 See Ord. Book No. 9 which is incorpo�ra� herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Indemnity and Hold Harmless.Agreement by and between the Board of County Commissioners of Monroe County, Florida and Zambelli Fireworks Mfg. Co., Inc. in connection with a fireworks display to be performed on July 4, 1985 at Holiday DD 081 Isle Resort. RESOLUTION NO. 197-1985 See Res. Book No. 45 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Indemnity and Hold Harmless Agreement by and between the Board of County Commissioners of Monroe County, Florida and Zambelli Fireworks Mfg. Co., Inc. in connection with a fireworks display to be performed on July 4, 1985 at Plantation Yacht Harbor. Motion carried unanimously. RESOLUTION NO. 198-1985 See Res. Book No. 45 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Indemnity and Hold Harmless Agreement by and between the Board of County Commissioners of Monroe County, Florida and Big Pine Athletic Association in connection with a fireworks display to be performed on July 4, 1985. Motion carried unanimously. RESOLUTION NO. 198A-1985 See Res. Book No. 45 which is incorporated herein by reference. STAFF REPORTS Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve, per staff recommendations and conditions, the Application for Variance to the Flood Hazard Ordinance of Stephen A. Stepner for the placement of a 40' x 40' garage below the 100 year flood elevation, 13' above M.S.L. to 15' above M.S.L. (over the entire area) located on a parcel of Lot 12, Lower Matecumbe Harbor, US 1, Lower Matecumbe. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve, per staff recommen- dations, the Application for Variance to the Flood Hazard Ordinance of Leo C. McCampbell for the placement of a mobile home below the flood elevation, and contiguous to the surrounding mobile homes which are not elevated to the base flood elevation on Big Coppitt Key, within the mobile home subdivision known as Geiger Mobile Homes. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont No Swift Yes No Motion was made by Commissioner Swift and seconded by Commissioner Freeman to authorize Post, Buckley, Schuh & Jernigan, Inc. to proceed with plans, specifications and bid DD 082 documents necessary to start construction of a sludge treat- ment plant. Roll call vote was unanimous. Motion was made by Mayor Harvey and seconded by Commissioner Freeman that the County file a suit vs. State of Florida concerning property adjacent to Long Key Dump. Roll call vote was unanimous. LEGAL DEPARTMENT Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Resolution concerning parking in Jackson Square. Motion carried unani- mously. RESOLUTION NO. 199-1985 See Res. Book No. 45 which is incorporated herein by reference. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida to execute an Employment Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Calvin J. Allen. Motion carried unanimously. RESOLUTION NO. 200-1985 See Res. Book No. 45 which is incorporated herein by reference. Motion was made by Commissioner Swift to authorizing the Chairman Commissioners of Monroe Interlocal Agreement by Florida and the City of crossing guards. Motion by Commissioner Fahrer and seconded adopt the following Resolution of the Board of County County, Florida to execute an and between the County of Monroe, Key West, Florida concerning school carried unanimously. RESOLUTION NO. 201-1985 See Res. Book No. 45 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution approving Agreement by and between Monroe County, Florida and the Consultants, Siemon, Larsen and Purdy, regarding the Habitat Conservation Plan. Roll call vote was unanimous. RESOLUTION NO. 202-1985 See Res. Book No. 45 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the following Resolution requiring the payment of dumping fees for dumping at all landfill sites operated by Monroe County, Florida; said fees are to be $20.00 per ton with a minimum fee of $3.00, regardless of weight; and the payment of the aforementioned dumping fees is to be effective as of August 1, 1985. Motion carried unanimously. RESOLUTION NO. 203-1985 See Res. Book No. 45 which is incorporated herein by reference. ' ' i REPORTS & RECOMMENDATIONS OF BOARD MEMBERS The Board discussed storage needs of the Tax Collector, Property Appraiser, Supervisor of Elections, and the County Clerk. Following discussion, this matter was referred to the County Administrator to review the current rental situation with The School Board and the Constitu- tional Officers. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve travel for Commissioners to attend the christening of Submarine "KEY WEST" at Norfolk, Virginia on July 20, 1985, with payment out of the Board's $5,000.00 promotional money. Motion carried unani- mously. Commissioner Swift discussed word processing equip- ment. Motion was made by Comissioner Freeman and seconded by Commissioner Fahrer to authorize the purchase of a McIntosh 512K Word Processor and Printer from Key West Computer Center, Inc., in the amount of $2,930.00, to be paid in Fiscal Year 1985/1986. Motion carried unanimously. The Board discussed Zoning Board meeting policies. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to adopt the following Resolution rescinding Resolution No. 140-1985. Motion carried unani- mously. RESOLUTION NO. 204-1985 See Res. Book No. 45 which is incorporated herein by reference. Mr. Lewin was directed to review the Meeting Schedule of the Zoning Board. Commissioner Stormont discussed CPR instruction for County employees. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Resolution urging all County employees to undergo CPR instruction. Motion carried unanimously. RESOLUTION NO. 205-1985 See Res. Book No. 45 which is incorporated herein by reference. Commissioner Stormont discussed the Land Use Maps. During discussion, motion was made by Commissioner Stormont to purchase NOAA Maps, subject to the availability of the necessary funding. During discussion, the motion was withdrawn. No further action was taken. Commissioner Stormont discussed compensatory time for County employees performing EMS Volunteer Services. The matter was referred to the County Administrator. Mayor Harvey read a letter from Mr. and Mrs. Daniels concerning the Board's recent action on Commercial Fishing Home Occupational Licenses. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone consideration of this item until the meeting of July 17th. Motion carried unanimously. Mayor Harvey read and the Board discussed a letter from Mayor Feiner of Key Colony Beach concerning improve- ments to the Key Colony Beach City Hall. This matter was referred to the County Administrator. rl� The Board entered a discussion about the proposed Contract between Monroe County and Charles Pattison to serve as the Director of Planning, Building and Zoning. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to postpone this item. During discussion, the motion was withdrawn. Motion was made by Commissioner Fahrer to call a Special Meeting for July 9th for the pur- pose of considering the proposed Contract. Motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to postpone this matter until 5:30 p.m. Commissioner Fahrer discussed County insurance con- cerning suits brought on Land Use matters. This matter was referred to the County Administrator and County Attorney. STAFF REPORTS Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to authorize the refund of $75.00 to John Biamonte inasmuch as the Zoning Change Application was withdrawn. Motion carried unanimously with Commissioner Freeman not present. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to authorize the refund of $75.00 to R. Dean Miller inasmuch as a Variance was not needed. Motion carried unanimously with Commissioner Freeman not present. LEGAL DEPARTMENT Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the following Resolution of intent to levy the Fifth and Sixth Cent optional gas tax with the same formula for distribution to the municipalities as currently exists on the Fourth Cent gas tax. Motion carried unanimously. RESOLUTION NO. 206-1985 See Res. Book No. 45 which is incorporated herein by reference. The Board recessed for lunch. The Board reconvened at 2:30 p.m. with all Commissioners present. UNFINISHED BUSINESS Mr. Jimmy Goff of Post, Buckley, Schuh & Jernigan addressed the Board and gave his report on the Upper Keys Airport Site Selection Study. Motion was made by Commissioner Fahrer to continue the review process on the Upper Keys Airport Site Selection Study. During discussion, motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to proceed with an Environmental Study on Site No. 2 as located in the Upper Keys Airport Site Selection Study by Post, Buckley, Schuh & Jernigan, Inc. Roll call vote was unanimous. Mike Fagan and Tom Fouts addressed the Board concerning this matter. The Clerk advised the Board of the content of the previous motion concerning Commercial Fishing Home 7 I • Occupational Licenses. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to reconsider the Board's previous action concerning Commercial Fishing Home Occupational Licenses in the new Land Use Plan. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion failed. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to reconsider the Board's previous action concerning Commercial Fishing Home Occupational Licenses in the new Land Use Plan on July 17th at Key Colony Beach City Hall during the discussion of the rest of the issues on commercial fishing activities. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont Yes Swift No Yes REQUEST TO ADDRESS THE BOARD Bobby Brantley, Representative, and Tom Beaseley, President, of Corrections Corporation of America addressed the Board and made a presentation concerning their firm's activity in the administration and construction of jail facilities. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman directing the County Administrator, the Sheriff and the County Attorney to par- ticipate in a proposal with Corrections Corporation of America for the managment of the Monroe County Jail Facility. During discussion, Tom Fouts addressed the Board concerning this issue. Motion carried unanimously. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS The Board returned to the discussion of a proposed Employment Contract with Mr. Charles Pattison as the Director of Planning, Zoning and Building. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to amend Article 2.1 of the proposed Contract to delete the words "by and through its County Administrator." Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend Article 2.2 to insert the words "relating to Planning, Zoning and Building will be the responsibility of Mr. Pattison." and delete the rest of the sentence folowing the words "Monroe County". Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to amend the fourth paragraph on Page 1 which begins with "NOW, THEREFORE," to delete the words "by and through the County Administrator,". Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend the first sen- tence at the top of Page 3 to add the words "of the Planning, Zoning and Building Department in accordance with the Monroe County Personnel Policies and Procedures" following the word "employees". Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to amend Article 3.2 by adding the words "reimburseable by law." following the word "reports" and to delete the rest of that sentence through the word "purposes". Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. The Board discussed Article 3.5 on Page 4 of the proposed Contract concerning the granting of paid annual vacation in advance of its being earned by Mr. Pattison. After considerable discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Stormont that County Attorney Proby, County Administrator Lewin and Mr. Pattison would review any problems with the proposed Contract and present a revised Contract within one week. During discussion, motion was withdrawn. Motion was made by Mayor Harvey and seconded by Commissioner Swift to amend Article 3.5 to provide for "an annual vacation of two weeks and leave without pay for an additional week." Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to approve the insertion of DD 087 the annual salary on Page 4 in the amount of Forty Thousand Dollars ($40,000.00). Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to call a Special Meeting of the Board on July 9th in the Commission Chambers at 310 Fleming Street in Key West at 9:00 a.m. for the purpose of discussing the proposed Contract between Monroe County and Charles Pattison. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance providing that the Code of Ordinances of the County of Monroe, Florida be amended by adding a subsection to be let- tered (c) to Section 19-101 of Article VI of said Code per- mitting uses of seawalls in all zoned property with or without a principal building; providing that Section 19-132.1 of Article VI of the Code of Ordinances of the County of Monroe, Florida be amended to allow certain struc- tures as permitted in Section 19-101(c); providing for severability; repealing all Ordinances or parts of Ordinances in conflict herewith to the extent of said conflict; providing for inclusion in the Code of Ordinances; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commisisoner Stormont and seconded by Commissioner Fahrer to continue until the next Public Hearing. Motion carried unanimously. GENERAL REPORTS Jerry Annas, Assistant Planning Director, made a report to the Board of County Commissioners concerning the meeting of the Local Planning Agency on July 1st and indi- cated that the Local Planning Agency recommended that the Comprehensive Land Use Plan and Maps be transmitted to DCA for their review.. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to accept the report of the Local Planning Agency. Motion carried unanimously. Following discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Swift to add to the transmittal document the following: "Monroe County reserves the right to make any amendments to the Draft Plan generally within the next two weeks." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to add to the transmittal document the following: "Monroe County will prepare and submit final comments on commercial fishing concerns within three weeks." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add to the transmittal document the following: "It is of concern to us that although data generation is an ongoing process, we have decisions to make for which we do not have full and complete information at this time." Roll call vote was unanimous. Motion was made by Mayor Harvey and seconded by Commissioner Swift to add to the Transmittal Resolution the following Paragraph 5: "That the urgency of this planning has been so pressing that the Monroe County Commission reserves to itself the right to alter, change and/or add to the Plan as transmitted." Roll call vote was unanimous. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to add the word "generally" after the word "is" and before the word "consistent" in the first Whereas clause on Page 1 of the proposed Resolution. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to add the words "present draft" following the word "Plan" in the fourth Whereas clause on Page 1 of the proposed Resolution. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to adopt and incorporate with the transmit- tal documents to DCA the following Resolution requesting the authorization for Monroe County to levy certain additional tourist and real estate related taxes to ease the fiscal impact of the proposed Comprehensive Land Use Plan; requesting additional funds from the State for the same pur- pose; requesting that the Legislature urge the U. S. Congress to allow tolls on U.S. 1 for future capital impro- vements to that highway; and providing that copies of this Resolution be sent to certain enumerated individuals. Roll call vote was unanimous. RESOLUTION NO. 207-1985 See Res. Book No. 45 which is incorporated herein by reference. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer that the following statement will accom- pany the transmittal of the Plan: "The mere transmittal of this Plan by the Board of County Commissioners does not imply the Plan's adoption in whole or in part by said Board at this time." Roll call vote was unanimous. Motion was made by Mayor Harvey and seconded by Commissioner Swift to include the following comments with the transmittal documents: "(1) A realistic cost in updating present public services and those which will be required in the future; (2) The loss of tax revenue from Keys lands presently to be acquired by the Federal and State Governments, and those planned to be acquired over the next few years; (3) The real cost of staffing, policeing and generally implementing the Plan as it now stands; (4) The loss of tax revenue because of decrease of value of many thousands of acres in Monroe County which may be caused by the present structure of the Plan; (5) A more realistic list of feasible methods for raising additional tax revenue, especially from those who visit Monroe County and those who will accomplish the continuing Build -out over the next few years." Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt, as amended, the following Resolution transmitting the Monroe County Comprehensive Plan to the Florida Department of Community Affairs and the South Florida Regional Planning Council. Roll call vote was una- nimous. i TIIEV E� RESOLUTION NO. 208-1985 See Res. Book No. 45 which is incorporated herein by reference. Mr. Bill Moore discussed the Commercial Fishing Home Occupational License and the Board's previous action. Mayor Harvey read a letter into the record from Representative Allen dated July 1, 1985 concerning his com- ments on the proposed Comprehensive Land Use Plan. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to include Representative Allen's letter with the transmittal documents. During discussion, the motion was withdrawn. LEGAL DEPARTMENT Art Skelly, Airport Director; Bruce Ritson and John Murphy of Island Transportation Service, Inc.; and Ed Swift of Buggy Bus/Five 6-6666 Cab Co. addressed the Board con- cerning the proposed Franchise Agreements. Following discussion, motion was made by Commissioner Freeman and seconded by Commissioner Stormont directing the County Attorney and the Airport Director to proceed to re -bid for ground transportation at the Key West International Airport. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Mayor Harvey No Motion carried with Commissioner Swift abstaining. The Airport Director was directed to establish criteria which will adequately serve the public at the Airport. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to allow Island Transportation Service, Inc. to operate at the Key West International Airport upon presen- tation of proof of insurance and in accordance with the rules and regulations of the Airport Director. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman that during the interim, the Five 6-6666 Cab Co. will operate cabs and char- ters and that Island Transporation Service, Inc. will operate vans and charters and each will pay the County $1,000.00 per month. Roll call vote was unanimous. There being no further business, the meeting was adjourned.