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12/01/1992 SpecialMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 92/474 Special Meeting Board of County Commissioners Tuesday, December 1, 1992 Key Largo A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. Present and answering to roll call were Commissioners Earl Cheal, Shirley Freeman, Mary Kay Reich and Mayor Jack London. Absent from the meeting was Commissioner Harvey. Also present were Danny Kolhage, Clerk; Rob Wolfe, Assistant County Attorney; Jim Hendrick, Special Litigation Attorney; Tom Brown, County Administrator; County Growth Management Staff; members of the Press and Radio; and the general public. CONSTRUCTION PROGRAM MANAGEMENT - MR/G Doug Fuller of Morrison Knudsen/Gerrits addressed the Board concerning Pomco contract status and payment plan review for Contract No. KJ-005 at the New Detention Facility. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve payment of Contract KJ-005 which is attached hereto as Exhibit A. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT A Workshop on the Proposed Comprehensive Plan revisions in response to the Department of Community Affairs' Objections, Recommendations, and Comments Report was held. Fred Tittle and David Ornstein addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to approve the amendment to the Future Land 92/475 Use Map, per Staff Recommendation, as follows: Landowner Location Staff Recommendation Marathon Lt 8-10 Blk 1, Seafood, Lt. 8-9 Blk 2, Inc. Riggs Subd. (Ornstein) Coon & Geiger Key Marina Boydston Old State Rd 4A pt Lot 6, Geiger Key Motion carried unanimously. Change specified lots to MCF Change to MC. Remove from filled areas of Coon property Motion was made by Commissioner Reich and seconded by Commissioner Freeman to approve the amendment to the Future Land Use Map, per Staff Recommendation, as follows: Landowner Smith, Ralph (Ornstein) Location Tract A Marie's Yacht Harbor Club & Marina Coco Plum Rd. Motion carried unanimously. Staff Recommendation Change Tract A to MC David Ornstein addressed the Board concerning the request by the Cudjoe Key Homeowner's Association. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to approve the amendment to the Future Land Use Map, Option 2, per Staff Recommendation, as follows: Landowner Location Cudjoe Home 2 mile strip Owners Assn. comm. zoning on (Ornstein) US 1 Cudjoe Key Staff Recommendation Option 2) Change MC to RM/RL. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes Commissioner Reich Yes Mayor London Yes 92/476 Motion carried. Randy Boydston, Manager of Geiger Key Marina, Ralph Smith, Dean Clyde and George Parks addressed the Board. Motion was made by Commissioner Reich to approve the amendment to the Future Land Use plan, per Staff Recommendation, to reflect Lot 38, Block 7, Ocean Isle Estates from RM to RH. Motion died for lack of a second. Joan Tucker and William Olson addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to approve the amendment to the Future Land Use Map as follows: Landowner Location Olson, Wm. Swimming Hole (Tucker) US 1 at Pine Channel Channel, MM 29.5 Big Pine Change to MC Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal Yes Freeman Yes Reich Yes Yes Pauline Klein representing Stillwright Property Owners Association addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the amendment to the Future Land Use Map, per staff recommendation, as follows: Location Lts. 1-15, Bks 1 & 2 Paradise Point MM 105, Key Largo Motion carried unanimously. Staff Recommendation Change to RM Richard Grosso of 1000 Friends of Florida, and Karen Roberts of the Dolphin Research Center, addressed the Board. Motion was made by Commissioner Freeman and seconded by 92/477 Commissioner Cheal to approve the suggested changes to 101.4.10, "The principal purpose of the institutional land use category is to provide for institutional uses by federally tax-exempt non- profit facilities including, but not limited to, educational, scientific, religious, social service, cultural and recreational organizations. Related residential and non-residential uses, including student and employee housing, shall be allowed" with the exception of the last sentence. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal Yes Freeman Yes Reich Yes Yes Earl G. Gallop addressed the Board concerning Seacamp. Motion was made by Commissioner Reich and seconded by Commissioner Cheal to approve the amendment to the Future Land Use Map to reflect Sea Camp to MU -Commercial. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Mayor London Cheal No Freeman No Reich Yes No Motion failed. Motion was then made by Commissioner Cheal and seconded by Commissioner Freeman to approve the amendment to the Future Land Use Map to reflect Sea Camp as an Institutional Use per the Planning Commission Recommendation. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. Juanita Green addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to approve the amendment to the Future Land Use Map, per Planning Commission Recommendation, as follows: Landowner Location Planning Commission Recc. Johnson Upper Keys Cit. Commercial Center overlays Dagny Coal. Tavernier have been revised to include 92/478 CHHA area only MC & MCF outside of CHHA & within designated mile markers. Remove Commercial Center overlay from areas w/Historic Dist. overlay Roll call vote was unanimous. Pauline Klein of the Upper Keys Citizens Association, Jerome Bohrmann and Fred Tittle representing Florida Rock and Sand addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to designate the Florida Rock and Sand Batching Plant site on the Future Land Use Map as "Industrial". Roll call vote was unanimous. Motion carried. Richard Fox addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to include wording in the Future Land Use Plan requesting that the Florida Department of Transportation revisit the analysis of US #1 at the west end of Marathon in coordination with concerned citizens groups, and develop concept plans for resolving the traffic problems at the west end of Marathon. Roll call vote was unanimous. Nancy Brown, President of Friends of the Everglades, addressed the Board. Andrew Tobin, attorney representing Intus, Curry Cove, Coral Coast, Ocean Reef, and a mobile home park on Grassy Key, addressed the Board. Nancy Brown addressed the Board concerning Policy 103.2.4. Motion was made by Commissioner Cheal and seconded by Mayor London to approve all of the proposed changes to the Future Land Use Map as recommended by the Planning Commission on pages 3 through 8 of the Monroe County Planning Commission Recommended Revisions to the Monroe County Year 2010 Comprehensive Plan Policy Document, dated November 1992, with the exception of the previous action taken by the Board on specific properties. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve Staff Recommendations as listed on the additional Staff Recommended revisions to the Future Land Use Map as follows: Landowner Location Staff Recommendation Captain's Lt. 46, Sombrero Change to RH Quarters Anglers Park South (Conlin) Boot Key, Marathon Mankowitz Lts. 1, 2, 3 & 45, Bk. 3 Lida Subd, 1st addn, MM 51.5, Marathon 92/479 Change lots 3 & 45 to MC. (No actual boundary change to the FLUM is required; the FLUM is not at such a scale to distinguish the designation of these 50 x 92' lots Summerland Pt. Lts. D,E,F,G & H Change Summerland Key Props. Niles Channel Subd Key properties (Skerrett) MM 25, Summerland portion of Industrial area to RL Roll call vote was unanimous. Board then considered hurricane evacuation and the Monroe County Planning Commission Recommended Revision to the Monroe County Year 2010 Comprehensive Plan Policy Document. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve amendment to 301.7.1 to delete the words "and special development and site plan review procedures to avoid permitting development within right-of-way acquisition areas" after the words "District 611. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve amendment to 216.3.2 to add the words "in an attempt" after the words "American Red Cross". Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve amendment to 216.3.2 to replace the word "require" with the word" "seek". Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve amendment to 216.3.4 deleting the words "the applicability of standards 40 square feet/evacuee and 20 square feet/evacuee and thereby confirm a final". Motion carried unanimously. 92/480 Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve amendment to 216.1.5 to replace the words "One year" with the words "No later than 6 months". Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. Motion was made by Commissioner Cheal and seconded Mayor London to approve amendment to 1401.1.4 to add the words "The first three years of" after the word "in" and "and if the legislature appropriated the funds" after the words "June 1, 2002" in the last sentence. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. Motion was made by Commissioner Commissioner Freeman to approve amendment words "The first three years of" after th Motion carried. e Motion was made by Commissioner Cheal and seconded by Mayor London to approve amendment to 216.1.5 to delete the word "revalidate" with the word 'Ire -evaluate" and delete the words "are calculated" with the words "have been". Motion carried unanimously. Ken Metcalf of the Florida Department of Community Affairs addressed the Board. Motion was made by Commissioner 92/481 Freeman and seconded by Commissioner Reich to adopt the original language of policy 101.2.1 ending at the word "adoption" until such time as the City of Key West adopts their Comprehensive Plan fixing the allocated dwelling units available within the City of Key West for the period of April 1, 1990 to September 2002. During discussion, the motion was withdrawn. Debbie Harrison of the Wilderness Society addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the amendment to 101.2.1 to add the words "this policy will be reviewed after the City of Key West Plan has been adopted or within two years from the effective date of the Plan, whichever occurs first" after the words "carrying capacity constraints" at the end of the paragraph. Roll call vote taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the amendment to 216.1.18 by 1000 Friends of Florida to add the words "Reduced evacuation clearance times which may result from adjustments to evacuation model variables, programs to reduce the number of evacuating vehicles or increased roadway facility capacity, shall not be used to increase development expectations beyond the growth allocations provided herein, except to the extent that a hurricane evacuation clearance time of 24 hours can be maintained. Increased evacuation clearance times above the clearance time policies specified herein, which may result from adjustments to evacuation model variables and assumptions, will necessitate a reduction or a halt to the growth allocations provided herein, pending a reassessment of hurricane evacuation capabilities and subsequent comprehensive plan amendment. Any necessary reduction, shall be accomplished by a plan amendment within 180 days of the reassessment." Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the amendments to Note 2:, Page 14 by 1000 Friends of Florida adding the words "goals, objectives and policies of this plan and its implementing Land Development Regulations, including but not limited to those relating to" between the words "The uses and ranges of densities and intensities of uses to be permitted for individual parcels will depend upon consistency with the" and "community character as 92/482 well as Monroe County's environmental design criteria regarding the protection of natural resources, including the results of the Habitat Evaluation Index. Specific uses and ranges of densities and intensities of uses will be assigned to individual parcels in the Land Development Regulations." Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the amendments to 101.13.4 by 1000 Friends of Florida adding the words "and shall not exceed the maximum densities established in this plan, which shall be allowed only with the use of TDR's" at the end of "Transferrable Development Rights may be used within the Residential Permit Allocation System to increase density, subject to the limitation contained in the land development regulations. The Maximum Net Density is the maximum density allowable with the use of TDRs." Motion carried unanimously. Lloyd Good addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to reconsider the Board's action on the Future Land Use Map amendment concerning the Good property as follows: Landowner Location Good US 1 to airstrip Sugarloaf Key Motion carried unanimously. Planning Commission Recommendation Do not remove Regulated Conservation Overlay Motion was made by Commissioner Cheal and seconded by Commissioner Reich to remove the conservation overlay as requested by Mr. Good on his Future Land Use Map amendment request. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to approve the amendment to the Future Land Use Map policy 101.18.2 (4) (b) by 1000 Friends of Florida to add the words "in reliance upon such act" after the words "that the applicant, acting in good faith, has made such a substantial change of position or has incurred such extensive obligations and expenses" and before the words "that it would be highly inequitable or unjust to affect such rights by requiring the applicant to now conform to current County Land Development Regulations. Substantial changes of position or expenditures incurred prior to the official County act, upon which vested rights claim is based, shall not be considered in making the 92/483 vested rights determination; and." Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the amendment to the Future Land Use Map Policy 101.18.3 (b) by 100 Friends of Florida by adding the word "by" after the words "County land development regulations adopted subsequent to the date of vesting that do not alter or amend the specific development rights granted" and between the words "the valid unexpired permit or permit approvals relied upon for vesting; and." Motion carried unanimously. Jim Hendricks addressed the Board concerning the vested rights section. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to delete policy 101.18.2 (a) (4). Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor London to direct County Attorney to redraft the vested rights section on The Monroe County Planning Commissioner Recommended Revisions to The Monroe County Year 2010 Comprehensive Plan Policy Document to provide limited exemption for vested rights projects as set forth in the Rate of Growth Ordinance. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to direct the Staff to revisit the permit allocation system point values section to address the point values for non-residential development in all applicable areas. Roll call vote was unanimous. Motion was made by Commissioner Cheal to add an additional point category to award points for non-residential developments which are built at a smaller size than allowable. During discussion the motion was withdrawn. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the suggested amendment to the Land Use Plan Policy 2. Policy 101.5.4 Major Positive, by 1000 Friends of Florida, to add the words "The greatest number of points should be awarded to those lots actually served by such infrastructure" at the end of the words "Dwelling unit(s) which are proposed within a legally platted, recorded subdivision which is served by existing infrastructure, including at a minimum 92/484 potable water, electricity and paved roadways." Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor London to approve the proposed amendment to the Land Use Plan, by 1000 Friends of Florida to read: Exceeding LDR Criteria Minor or moderate positive points shall be assigned to developments which are proven to exceed the plan and LDR minimum requirements for water quality, sewage disposal, including but not limited to the use of proven alternate OSDS, stormwater or retention of native vegetation. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman No Commissioner Reich No Mayor London Yes Motion failed. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to approve the recommended amendment to the Land Use Plan Policy 102.3.1 (b) (c) by 1000 Friends of Florida to delete the words "high quality." Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor London to approve the recommended amendment to the Land Use Map Policy 102.3.1 (f) to add the words "to reduce adverse impacts on endangered and threatened species." Motion carried unanimously. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Cheal to approve the amendment to the Land Use Map Policy 101.6.3 to re-insert the words "State designation of the Florida Keys as an Area of Critical State Concern, together with State enactment of Principles for Guiding Development, obligates the State of Florida to bear primary responsibility for the cost of implementing this policy. The State should provide funding for the purchase of property at fair market value. Policy 204.2.2 to re-insert the words "State designation of the Florida Keys as an Area of Critical State Concern, together with State enactment of Principles for Guiding Development, obligates the State of Florida to bear primary responsibility for the cost of implementing this policy. The State should provide funding for the purchase of property at fair market value. Motion carried unanimously. 92/485 There being no further business, the meeting was adjourned. Additional Background POMCO Associates, Inc. is the holder of the contract for the precast fabrication and erection at the New Monroe County Detention Facility. Their contract was awarded on 11/20/91. Following the design, coordination, and fabrication, the erection was scheduled to begin on 3/10/92 and complete on 7/29/92. In late February, MK/G was notified that POMCO was behind in fabrication and wanted to delay the start of their erection. At the same time they indicated that they felt that their erection capacity would exceed the requirements of the contract time frames and that they would finish erection in general accordance with the dates in the contract. A review of the request indicated that POMCO would be using some of the project float but that their request was in line with the project schedule. At this time, MK/G began a closer monitoring of POMCO's progress for fabrication. Concerns began to develop and on 4/24/92, MK/G forwarded letter KJ-0005-033 which formalized previous conversations held with POMCO and with POMCO's bonding company relative to the status of the work. This letter was also forwarded to the bonding company as an initial notice of concern and notice that any additional costs associated with late erection would be to POMCO's account. POMCO responded on 4/27/92 with their letter KJ-0005-036 which stated that their delays in fabrication were due to cash flow problems that they had been experiencing. Their letter also provided a revised schedule for their work. On 5/08/92, MK/G responded to their revised schedule with letter NO KJ-0005-042, noting that the schedule was unacceptable and re- emphasized that they were liable for any costs associated with their late status. POMCO subsequently responded with their letter, Serial No. KJ- IC05-040 stating that they were increasing their fabrication production by subcontracting some of their work to a different fabrication yard and that they expected to improve on their latest schedule. All of the above referenced letters are attached for BOCC reference. Also attached are the pertinent contract clauses referenced in the letters addressing contract delays. Currently, all of the precast has been delivered and erected and POMCO is in the punchlist phase of their work, however their delays have resulted in a 2-3 month delay to follow-on work. Discussions have been held with POMCO and representatives of their bonding company concerning their liability for the cost of the delay and they have indicated interest in acceleration of some of the County's follow-on contractors to mitigate the cost of the delay. MK/G has been working with POMCO and their bonding company by identifying areas appropriate to accelerate. As of yet, no acceleration has occurred. Discussions with the representatives of the bonding company have also indicated that POMCO is not being allowed to bid other work and they are currently in the process of closing their business. For all these reasons, it is important that further releases of payments to POMCO be viewed with scrutiny. The current status of payments to POMCO is as follows: Current Contract Value incl PO & Changes... $ 5,036,178.00 Gross Earnings (thru 8/25/92).............. $ 3,832,139.14 Retainage Withheld ........................ $ (378,488.92) --------------- Net Payments to POMCO as of 8/25/92........ $ 3,453,650.22 Remaining Contract Value .................. $ 1,582,527.78 Currently, POMCO has not been paid for September, October, or November of this year pending review of POMCO's payments to their suppliers and subcontractors. This review has indicated the following: Notice Notice Company to Owner -------- of N/P -------- Status ------------------ ---------------------- Big C Steel 04/14/92 final waiver recd Bolt & Nut Co 04/20/92 06/03/92 final waiver recd Const Chemical Corp 07/15/92 final waiver recd CEG Engineering 10/13/92 $40,000.00 claim Finfrock Ind. Inc 08/25/92 $189,744.00 Florida Drill/Saw 10/31/92 Work started in Oct Foote Steel Corp 06/12/92 final waiver recd Gold Coast Crane 06/18/92 $5,830.00 claim Harris Constructors 04/15/92 $141,456.00 claim Industrial Steel 03/20/92 final waiver recd NAMASCO 06/29/92 final waiver recd Safway Steel Prod. 07/14/92 $4,422.20 Tampa Bay Steel 07/06/92 $2,850.66 Tarmac Florida, Inc 06/24/92 09/18/92 $28,446.02 Toppino's Inc 08/10/92 10/12/92 $32,934.27 Unlimited Welding 07/10/92 09/18/92 final waiver recd In addition, POMCO's delay has generated some additional Owner direct cost which is estimated to be as follows: CM Costs ($125,000/mo * 3 mo) _ $ 375,000 HLM Costs ($25,000/mo * 3 mo) = 75,000 Threshold Inspection Svcs (est) 40,000 Total Estimated Owner Direct Cost $ 490,000 Recommendations for Continued Payments to POMCO MK/G recommends continued payments to POMCO down to a level that covers potential exposure to Monroe County. This would include: 1. Additional Owner Direct Costs ......... 2. Additional Owner Indirect Costs ....... 3. Estimated POMCO exposure to delay costs from other County contractors .......... 4. Value of known claims against POMCO from their suppliers and subcontractors which includes: CEG Engineering $ 40,000 Gold Coast Crane 6,485 Harris Constructors 141,456 $ 187,941 Total withholding ..................... $ 490,000 $ 100,000 $ 187,941 $ 777,941 Payments from $ 1,582,527.78 to the threshold of $ 777,941 (modified as required with any Owner indirect cost) should continue with highest priority given to satisfying subcontractors and suppliers with outstanding Notices to Owner. Joint checks should be issued whenever requested by the subcontractor or supplier and approved by POMCO and their bonding company. Waivers should be received for any funds disbursed. Payments below the $ 777,941 threshold should only be accompanied by: 1. For the $ 187,941 in claims against POMCO. Appropriate releases and final waivers from claimants should be received prior to further disbursements. 2. For the $ 100,000 in estimated delay costs from other County contractors. This should be retained until final waivers have been received from all other County contractors on the project. 3. For the $ 490,000 in additional Owner cost. This should be retained until the completion of the project to determine POMCO's success in mitigating the delay. At that time, funds should be disbursed proportional to the mitigation.