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HomeMy WebLinkAboutMinutes 03.06.2018S■TkaL■(di 1 E COUNTY F L o R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting March 6, 2018 Convened: 6:00 PM Adjourned: 9:33 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 4, Chair Frannie Hutchinson Attendee Name W Title District No. 4, Chair District No. 3, Vice -Chair District No. 1 Arrived Frannie Hutchinson Present 6:00 PM Linda Bartz Present 6:00 PM Chris Dzadovsky Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Barbara Guettler MSBU Coordinator Present 6:00 PM Diana Wesloski Community Services Director Present 6:00 PM Brittany Jones Recording Secretary Present 6:00 PM 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE Generated 31121201811:48 AM Regular Meeting Tuesday, March 6, 2018 6:00 PM HOUSEKEEPING ITEMS Chairman Hutchinson noted the following item was pulled prior to the meeting: • Item 8.C.2. (Permission to Advertise — Amendments to Section 7.10.23 Land Development Code) was pulled from the Consent Agenda 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, February 20, 2018 RESULT: ACCEPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 5. PROCLAMATIONS APPROVAL A. A resolution celebrating the Third Anniversary of Place of Hope, supporting their expansion into St. Lucie County and proclaiming April 2018 as "Child Abuse Prevention Month" in St. Lucie County, Florida. The deputy clerk read the proclamation into the record. A motion was made to approve the resolution and it carried unanimously. Chairman Hutchinson presented the proclamation to Charles Bender, CEO of Place of Hope, who thanked the Board for the proclamation and accepted it with gratitude. Mr. Bender thanked the Board for their support and for welcoming Place of Hope into St. Lucie County. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 6. PUBLIC COMMENT (excluding Public Hearing items) Chairman Hutchinson opened the meeting for public comment at this time. The following individuals addressed the Board: • David Ellis, 7602 Ocala Ave in Fort Pierce, spoke of his concerns with the floodgates in Lakewood Park. Commissioner Townsend advised him to contact the office and an appointment can be set up for further discussion of the issue, • Jason Weaver, 7604 Ocala Ave in Fort Pierce, spoke in support of a ballot item regarding the flooding and canals in Lakewood Park, 21Page Regular Meeting Tuesday, March 6, 2018 6:00 PM • Sheila Markell, 153 Riomar Dr, member of the River Park Neighborhood Association, spoke of concerns of traffic on Riomar Drive and Beach Ave; documents were submitted to be included as part of the record, • Terry Knorrston, 616 Beach Ave, spoke of concerns for children safety on Beach Ave; documents were submitted to be included as part of the record, • Glen Clarke, 153 Riomar Dr, spoke of concerns of traffic on Riomar Drive, • Sandra Dorsett, 220 Riomar Dr, spoke of concerns of traffic on Riomar Drive, • Laura Kaplan, 410 SE Naranja Ave, spoke of concerns of traffic near River Park, • Carl Caradonna, 366 SE Naraja Ave, spoke of concerns of traffic near River Park, • Crichton McCutcheon , 390 SE Naranja Ave, spoke of concerns of traffic near River Park, • David Kaplan, 410 SE Naranja Ave, President of River Park Neighborhood Association, spoke of concerns of traffic on Riomar Drive; documents were submitted to be included as part of the record, • Chief Wilson, St. Lucie County Sheriff's Office, spoke to ensure the Riomar Drive and River Park residents that the Sheriff's Office will be addressing the voiced complaints. Chairman Hutchinson addressed those who spoke and requested there be one spokesperson for purposes of further communication. There being no one further wishing to appear before the Board, Chairman Hutchinson closed public comment. 7. PRESENTATIONS A. St. Lucie County Transit - Annual Update - Diana Wesloski, SLC Community Services Director, Murriah Dekle, SLC Transit Manager and David Engel, SLC Transportation Planner/Transit Systems Coordinator Diana Wesloski, Community Services Director, began by thanking the Board for their support of the Transit Division. Ms. Wesloski introduced Murriah Dekle, Transit Manager, who gave the annual update. Ms. Dekle detailed accomplishments from 2017, defined the funding sources and highlighted that through the Fare Free Program, St. Lucie County ridership doubled. David Engel, Transportation Planner & Transit Systems Coordinator, continued the presentation by emphasizing the department's public outreach, in addition to the services offered to Direct Connect clients. Ms. Dekle concluded the presentation with the Transit Department's current tasks and plans for the future. 31Page Regular Meeting Tuesday, March 6, 2018 6:00 PM 8. CONSENT AGENDA A motion was made to adopt the consent agenda and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend A. WARRANTS 1. Warrant Lists 15 - 21 B. ADMINISTRATION 1. TCERDA Sunshine Kitchen Contract with Edlund Dritenbas Binkley (EDB) Architects and Associates, P.A 2. Amendment to Professional Services Contract C. COUNTY ATTORNEY 1. Resolution Amending Chapter 10 Schedule of Civil Penalties 2. Permission to Advertise - Amendments to Section 7.10.23 Land Development Code D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. FACILITIES 1. Award of Bid No. 18-018, Demolition of the 7th Street Records Storage Center H. HUMAN RESOURCES There are no items scheduled. I. INFORMATION TECHNOLOGY 4 1 P a g e Regular Meeting Tuesday, March 6, 2018 6:00 PM There are no items scheduled. J. LIBRARY SERVICES There are no items scheduled. K. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. L. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. M. PARKS & RECREATION 1. Ft. Pierce Yacht Club - Water Poker Run 2018 2. St. Lucie County Parks and Recreation Pre -Approved Food and Beverage Vendor Pilot Program N. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. O. PUBLIC SAFETY There are no items scheduled. P. PUBLIC WORKS 1. Rock Road Mine - Public Hearing Request Q. SHERIFF'S OFFICE There are no items scheduled. R. SOLID WASTE There are no items scheduled. S. SUPERVISOR OF ELECTIONS There are no items scheduled. T. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. U. UTILITIES 51Page Regular Meeting Tuesday, March 6, 2018 6:00 PM There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Request for an Order, pursuant to Appendix A, Local Acts, Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish unsafe structure at 2421 Keen Road, Fort Pierce in St. Lucie County, FL Katherine Barbieri, Assistant County Attorney, presented this item. Under the provisions of the St. Lucie County Code of Ordinances and Compiled Laws, the building at 2421 Keen Road in Fort Pierce has been determined to be unsafe and to constitute a public nuisance. The Assistant County Attorney gave an update, stating the property owner has hired a contractor who pulled a demolition permit and met the requirements from the Health Department. The demolition of the building is currently underway. Staff is asking to continue the hearing to April 3, 2018 at 6:00 pm or as soon thereafter, to follow up on this item. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to appear before the Board, Chairman Hutchinson closed the public hearing. A motion was made to continue the public hearing, it was seconded and the motion for continuation passed unanimously. The public hearing will be heard on April 3, 2018 at 6 pm or as soon thereafter as the item may be heard. RESULT: CONTINUED [UNANIMOUS] Next: 4/3/2018 6:00 PM MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 2. Ordinance - Providing for Placement of Communication Facilities in Rights -of -Way and Amending the St. Lucie County Cable Television Franchise Ordinance The Assistant County Attorney provided a brief background on the proposed ordinance amending cable ordinance and creating communications rights -of -way ordinance. In 2017, Florida enacted the Florida Advanced Wireless Infrastructure Deployment Act which is codified in Section 337.401(7), Florida Statutes. The Act allows a process for wireless providers and infrastructure providers to obtain access to public rights -of -way for facilities. In addition, several years ago Florida preempted the local cable franchising authority and created Chapter 610, Florida Statutes, which governs the power of cable service. Based on these actions of the Legislature, the Board authorized the hiring of Gary Resnick, who drafted the ordinance. The drafted ordinance was sent out to the industry for comments and a workshop was help on February 9th. Adjustments were made after the County received letters from the industry. A few more letters have been 6 1 P a R e Regular Meeting Tuesday, March 6, 2018 6:00 PM received prior to the meeting and based on this, staff is recommending the public hearing be continued to May 1, 2018 at 6 pm or as soon thereafter, to address industry comments. Gary Resnick, with GrayRobinson, P.A., began the presentation with background information. Mr. Resnick emphasized that wireless industry is not a utility and that their priority back in 2016 and 2017 was to obtain a State Statute giving them access to public rights -of -way for wireless facilities to provide advanced wireless broadband services. On July 1, 2017, the Florida Advanced Wireless Infrastructure Deployment Act (Act) became effective, controlling how local governments process applications for and regulate certain wireless facilities in the public rights -of -way. The Act was adopted to afford the wireless industry access to public rights -of -way and to government -owned utility poles, to collocate and to install small wireless facilities and other communications infrastructure. The Act applies to county and city rights -of -way; however it exempts the Florida Department of Transportation rights -of -way. Mr. Resnick stated this was a nationwide effort from the wireless industry and similar legislation was enacted in other states. A few of those states are challenging the legislation in court. Mr. Resnick detailed how the Act preempts local authority and described four types of installations that may occur in the rights -of -way. He defined the words "utility pole" and "small wireless facility', as they are defined in the Statute. The short time frames for local government to process applications was detailed per the Statute. The Statute allows 14 days to determine if an application is complete and after the 14 days has passed, it will be deemed complete. Similarly, the Statute allows 60 days to approve or deny a complete application and if no determination is made within 60 days, it will be deemed granted. The grounds on which a small wireless facility may be denied were explained in detail. Mr. Resnick highlighted one reason an application may be denied is if it fails to comply with applicable codes. He further defined applicable codes and stated the proposed Ordinance is considered an applicable code. Therefore if an application does not comply with the County's Ordinance, staff has the grounds to deny it. Continuing on, Mr. Resnick began detailing the proposed Ordinance. He stated it implements the Act and will provide requirements for all communications facilities in the rights -of -way. The proposed Ordinance is consistent with the Act and contains: new definitions; requirements for registration, insurance, security fund, indemnification, warranties, abandoned facilities and performance bond for construction; and application requirements and procedures. It was stated the County may not charge permit fees, making this a taxpayer -subsidized application process. Mr. Resnick detailed the terms for collocation on County utility poles and the objective design standards. Next, Mr. Resnick displayed photos and examples of the poles and small wireless facilities, explaining them in detail. Finally, it was stated that the industry does not share facilities. There are generally four wireless carriers who most likely are going to want their own facilities in the same area. This would help their aim of increasing the capacity 7 1 P a g e Regular Meeting Tuesday, March 6, 2018 6:00 PM for wireless data services for high -end users; they are not looking to increase service in rural areas but rather increase service for areas that contain the majority of data users. Additionally, there is potential for the Federal Communications Commission (FCC) to take action on small cell facilities in rights -of -way that would preempt State and Local Law. This has not come out yet and it is unclear what it could look like. Commissioner Dzadovsky asked for clarification regarding the Act not requiring the State to provide rights -of -way. Mr. Resnick clarified that is correct. Commissioner Dzadovsky expressed his concerns on the short time frames for the application process, the cost to local governments, and how the Statute preempts local government. He commented on the need for residents to speak with State representatives to encourage them to continue to provide home rule. There were no other comments from the Board at this time. Chairman Hutchinson opened the hearing for public comment at this time. The following individuals addressed the Board: • Sherry Anchor, resident of Port St. Lucie, spoke in opposition of the Ordinance; documents were submitted to be included as part of the record, • Stephanie Austin, resident of Indian River County, spoke in opposition of the Ordinance; documents were submitted to be included as part of the record • Shirley Dentin Jackson, resident of Palm Beach County, spoke in opposition of the Ordinance, • Richard Speezak, resident of Martin County, spoke in opposition of the Ordinance, • Mary Burton, 5303 Silver Oak Drive, spoke in opposition of the Ordinance; documents were submitted to be included as part of the record • Peggy Stefell, resident of PGA Village, spoke in opposition of the Ordinance, • Janna Lhota, attorney with Holland & Knight LLP and on behalf of Verizon Wireless Personal Communications, spoke in favor of the Ordinance. Commissioner Dzadovsky asked Ms. Lhota a few questions. There being no one further wishing to appear before the Board, Chairman Hutchinson closed the public hearing. A motion was made to continue the public hearing, it was seconded and the motion for continuation passed unanimously. The public hearing will be heard on May 1, 2018 at 6 pm or as soon thereafter as the item may be heard. 8:02 PM - Chairman Hutchinson called for a 10 minute recess 8:16 PM - The Board of County Commissioners reconvened 8 1 P a g e Regular Meeting Tuesday, March 6, 2018 6:00 PM RESULT: CONTINUED [UNANIMOUS] Next: 5/1/2018 6:00 PM MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend B. PLANNING & DEVELOPMENT SERVICES 1. Ordinance - Roads Impact Fee Leslie Olson, Planning & Development Services Director, presented this item along with Dennis Murphy, a consultant from Culpeper & Terpening, Inc. Mr. Murphy began by providing background information. In 1986 the County adopted Road Impact Fees that are applied countywide in order to provide improved transportation benefits to the overall community. The impact fees collected through this program are a one-time assessment paid to fund the increased demand on public services imposed by new development and cannot be used for the maintenance of existing services. The County updated its roads impact fees assessment schedules in 2000, 2003, and most recently in 2010. In addition, the County's Roads Impact Fees have been annually adjusted by the Consumers' Price Index (CPI). Mr. Murphy described the revenue sources for the County's road expansions and the current improvement value. St. Lucie County contracted with Culpepper & Terpening, Inc. and Tindale Oliver, to update and recalculate the County's adopted Roads Impact Fees as required under Section 24-270, of the St. Lucie Code of Ordinances. The Roads Impact Fee Study Report provided by the consultant recalculates the Roads Impact Fee based on the most recent and localized data available based on the following formula: [Demand x Cost] - Credit = Fee. At the January 17, 2017 Informal Meeting, the consultant team was directed to utilize credits to the maximum extent possible in order to ensure that the revised impact fees would be supportive of new economic development opportunities by reducing the calculated impact fee for certain industrial and office uses. On January 18, 2018, the St. Lucie County Local Planning Agency/St. Lucie County Planning and Zoning Commission (LPA/P&Z) held a public hearing on the proposed ordinance and made a recommendation to forward the ordinance to the Board for approval. New to the proposed revisions to the County's Roads Impact Fee is an option that the County provide some level of Roads Impact Fee relief for those residential housing developments that addressed, through specific deed restrictions or equivalent restrictions, affordable housing needs in the community. The LPA/P&Z recognized that such relief could not realistically be applied, or enforced, on an individual, scattered, home -by -home basis. Instead they encouraged the Board, that if inclined to consider such an option in the revised fee schedule, that specific standards be set in the County's Impact Fee Administrative Procedures Manuals that address how this particular relief process would be administered. Consistent with the direction given by the Board of County Commissioners in prior workshops on Roads Impact Fees, the County's' consultants have proposed a 'tiered' approach to the Roads Impact Fee to be assessed for single-family residential uses based on the size of the home as opposed to a 9 1 P a g e Regular Meeting Tuesday, March 6, 2018 6:00 PM 'one size fits all' approach as is currently applied under the County's' Roads Impact Fee. There were also options discussed in regards to multi -family residential use and commercial land use. Staff was seeking direction from the Board on these options. Commissioner Townsend asked for clarification on the difference in fees for residents of North Hutchinson Island versus South Hutchinson Island. Mr. Murphy gave a brief explanation and stated if Commissioner Townsend wishes for further detail, he can provide that at a later date. There were no other questions or comments from the Board at this time. Chairman Hutchinson opened the hearing for public comment at this time. Bryce Altory, with the Realtors Association of the Palm Beaches and greater Fort Lauderdale, spoke in opposition of the proposed Roads Impact Fee Ordinance; documents were submitted to be included as part of the record. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. The Board discussed the different options and gave direction to staff on the options they preferred. This was the first of two required public hearings. The second public hearing is scheduled for Tuesday, April 3, 2018 at 6:OOpm or as soon thereafter as the item may be heard. RESULT: 1ST READING APPROVED Next: 4/3/2018 6:00 PM C. PUBLIC WORKS 1. Resolution - Sabal Creek Municipal Services Benefit Unit Barbara Guettler, MSBU Coordinator, presented this item. A majority of property owners (57%) within the Sable Creek subdivision of PGA Village have requested potable water service and fire hydrants to their subdivision. The proposed potable water service provider is the Reserve Community Development District (District). The District is willing to provide potable water service to Sable Creek but does not have the funds necessary to construct needed infrastructure and does not have the authority to impose special assessments on benefited properties within Sable Creek. Because of this, the District approached County staff with the idea of the County creating a municipal service benefit unit (MSBU) to levy special assessments on benefited property within Sable Creek on behalf of the District. In September 2017, the Board approved an Interlocal Agreement between the County and the District which provides that the County and the District will cooperate in providing potable water and fire protection services to the Sable Creek subdivision. A preliminary cost estimate has been developed by the project's design engineer. In October 2017, affected property owners were notified by mail of their 101Page Regular Meeting Tuesday, March 6, 2018 6:00 PM maximum estimated assessment amount. On October 26, 2017 an informational meeting was held with property owners to discuss the MSBU process, project design and project cost. If approved, the resolution will establish the Sabal Creek MSBU, approve and confirm the petition results, and authorize and direct staff to take such actions as may be necessary in furtherance of the project. A second public hearing will be held, after the design is complete, for the Board to hear comments from property owners prior to their consideration of a resolution to levy assessments on specially benefiting parcels. Staff recommended Board approval of the Sabal Creek Municipal Services Benefit Unit (MSBU) Direction resolution and authorization for the Chair to sign documents as approved by the County Attorney. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to appear before the Board, Chairman Hutchinson closed the public hearing. A motion was made to approve the resolution and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Agreement to Pay for Construction of a Berm and Buffer Wall (Ardie R. Copas Veterans Nursing Home) Daniel McIntyre, the County Attorney, presented this item. On February 25, 2014, the County notified the Florida Department of Veterans Affairs (FDVA) that the County intended to submit an application to become the site for the State's 7th Veterans' Nursing Home. On September 23, 2014, Florida's Cabinet voted unanimously to approve the construction of the nursing home in St. Lucie County. The State has named the nursing home the Ardie R. Copas State Veterans' Nursing Home. City of Port St. Lucie regulations require the construction of a wall and berm on the eastern boundary of property where the Home will be situated. FDVA did not have enough land on the Site to construct the wall and berm but, solely as an accommodation to the County, Minto is willing to construct the wall and berm on Minto's property, which is adjacent to the Site, provided that all of the costs of construction are borne by Regular Meeting Tuesday, March 6, 2018 6:00 PM others. FDVA has requested that the County use a portion of the County Funds to pay Minto to construct the wall and the berm on the Minto Property with the understanding that, upon completion of the wall and the berm, Minto, or if Minto so elects, a homeowners' association by Minto, will own and permanently maintain the wall and berm. Construction of the berm and buffer wall by Minto will directly benefit the Home. Under the terms of the proposed Agreement, Minto would construct a berm and buffer wall on Minto property. The County would agree to reimburse Minto for cost of constructing the berm and buffer wall in an amount not to exceed $215,050.00. Minto (or its successor) would agree to maintain the berm and buffer wall in perpetuity. Staff recommended that the Board: Determine, pursuant to Section 8.1a2 of the County's Purchasing Manual and Section 255.20, Florida Statutes, that the use of a portion of the County fund to pay Minto for the design engineering and construction of the berm and wall is exempt from the normal competitive procurement process due to the unique circumstances involved, but not limited, the fact that the berm and wall are to be constructed for the sole benefit of the Florida Department of Veterans' Affairs (FDVA) but will be permanently located on Minto's private property, owned by Minto, and maintained by Minto at Minto's sole expense, thus making Minto an appropriate sole source for design, engineering and construction of the same; and Approve the Agreement and authorize the Chair to sign the Agreement. Chairman Hutchinson shared that the groundbreaking for the start of this project will be on March 20th from 2-4 pm. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 2. Indian River Estates Stormwater Improvements Phase II - Settlement Offer from Fountain Engineering The County Attorney presented this item. The Indian River Estates (IRE) Phase II project is the construction of a Stormwater Conveyance System within the Indian River Estates subdivision that connects to the existing pump station. The Project included, but was not limited to, the installation of pipes and catch basins. The Project is now complete and was primarily funded through a grant from the Florida Department of Emergency Management. 121Page Regular Meeting Tuesday, March 6, 2018 6:00 PM The bidding process for the Project was done back in 2012 and the lowest responsive, responsible bidder was Fountain Engineering, Inc., of Miami (FEI). During the course of the Project, FEI did not maintain the Project schedule and other agreed upon schedules, and did not perform its work promptly and diligently. FEI also did not timely pay subcontractors and suppliers. Despite its efforts, FEI did not achieve the contractually required substantial completion or final completion. In January, 2015 the County terminated FEI and notified FEI's surety, Hanover. On or about the time of the termination, FEI stopped working on the project. On March 3, 2015, the Board declared an emergency and authorized staff to solicit written quotes from at least three firms to complete the project in accordance with the approved plans. The Board also approved a work authorization with Culpepper & Terpening (C&T) to complete the as -built plans that were not provided by FEI as required under FEI's contract. The as -built plans verify the work in place as built by the Contractor FEI. The as -built plans, as completed by C&T, reflect that FEI failed to construct substantial portions of the Project in accordance with the permitted plans. The County requested that FEI perform this remedial work and FEI refused to perform. The County has taken great efforts to attempt to resolve this matter. The County has not only met with FEI on several occasions, but has also met at least twice with representatives of Hanover in an effort to resolve the dispute. In turn, Hanover filed an action in federal court against the County. The federal judges ordered the parties to mediation. At the mediation the parties were able to achieve a settlement subject to approval by the Board. The settlement provides that Hanover pay the County a total of $100,000.00 in return for a release from the County as to Hanover and as to those claims Hanover took an assignment of on behalf of FEI. The release does not release FEI from the balance of the claims. On November 3, 2015, the Board approved the proposed settlement agreement with Hanover and granted permission to sue Fountain and Dunkelberger. In December 2015, an Amended Complaint was filed against Fountain and Dunkelberger. A jury trial is currently scheduled in mid -June of this year. The Proposal offers to pay the County a total of $100,000.00 in exchange for a complete release and dismissal of FEI, forever. A Proposal is incentive to settle a case at the risk of the party receiving the Proposal paying the other's attorneys' fees and costs incurred after the date the Proposal is served, should the net recovery not be within 25% of the Proposal. In analyzing a settlement offer it is helpful to review the offer from a "best case -worst case" scenario. In the "worst case" a jury would award the County $0 in its claim against FEI. In that event the County would be responsible for payment of FEI's fees and costs which are estimated to be $130,000.00. In a "best case" scenario a jury would award the County the full amount sought, plus attorneys' fees, costs, and interest. However, actual recovery may be limited to the amount recoverable from 131Page Regular Meeting Tuesday, March 6, 2018 6:00 PM FEI's insurers, which is estimated to be a total of $2,177,086.00, which is the amount of damages the County alleges it suffered as a result of FEI's failure to perform. Included in this amount is the cost of asphalt repairs in the amount of $806,232.00. Although County staff is interested in discussing settlement with all parties and has agreed to schedule a second mediation in the case, County staff cannot recommend that the Board accept the offer by FEI. The County's special construction counsel concurs with the recommendation by staff. Staff recommended that the Board reject the settlement offer from Fountain Engineering, Inc. (FEI). A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 11. ANNOUNCEMENTS Chairman Hutchinson announced Governor Rick Scott has elected to move forward and make an appointment to fill the seat for County Commissioner of District 2. It was further announced, the Governor has appointed Anthony Bonna. The Board congratulated and welcomed him. A. The Board of County Commissioners will hold an Informal meeting on Tuesday, March 13, 2018 at gam in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 20, 2018 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The 2017 St. Lucie County Earth Day Festival will take place April 21, 2018, from 10am to 3pm, at Oxbow Eco-Center, 5400 N.E. St. James Drive, Port St. Lucie. For details visit: www.oxboweco.com or call (772)785-5833. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 141Page