HomeMy WebLinkAboutMinutes 05.01.2018S■TkOL■NIAM
COUNTY
F L o R I D A
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
May 1, 2018 Convened: 6:01 PM
Adjourned: 9:54 PM
1. CALL TO ORDER
The meeting was called to order at 6:01 PM by District No. 4, Chair Frannie Hutchinson
Attendee Name
JW Title
District No. 4, Chair
District No. 3, Vice -Chair
District No. 1
District No. 2
Arrived
Frannie Hutchinson
Present
6:00 PM
Linda Bartz
Present
6:00 PM
Chris Dzadovsky
Present
6:00 PM
Anthony Bonna
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
Matt Baum
Parks & Special Facilities Manager
Present
6:00 PM
Don West
Public Works Director
Present
6:00 PM
Leslie Olson
Director, Planning & Development Services
Present
6:00 PM
Stan Payne
Director of Port & Airport
Present
6:00 PM
Kara Wood
Project Manager
Present
6:00 PM
Kimberly Graham
County Engineer
Present
6:00 PM
JoAnn Riley
Property Acquisitions Manager
Present
6:00 PM
Ken J. Mascara
Sheriff
Present
6:00 PM
Brittany Jones
Recording Secretary
Present
6:00 PM
Generated 5171201811:15 AM
Regular Meeting Tuesday, May 1, 2018 6:00 PM
2. INVOCATION
The County Administrator led the invocation.
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the meeting of Tuesday, April 17, 2018
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Cathy Townsend, District No. 5
SECONDER: Anthony Bonna, District No. 2
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
5. PROCLAMATIONS APPROVAL
A. Resolution - Adoption of a resolution proclaiming the week of May 6-12, 2018 as "St. Lucie
County Correction Officer's Week" in St. Lucie County, Florida.
The deputy clerk read the proclamation into the record. A motion was made to adopt the
resolution and it carried unanimously.
This item was presented to Sheriff Ken Mascara along with Item 5.13. (See Item 5.8.)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Linda Bartz, District No. 3, Vice -Chair
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
B. Resolution - Adoption of a resolution proclaiming the week of May 13-19, 2018 as "Law
Enforcement Week" and designating May 15, 2018 as "Law Enforcement Memorial Day" in St.
Lucie County, Florida.
The deputy clerk read the proclamation into the record. A motion was made to adopt the
resolution and it carried unanimously.
(This item was presented along with Item 5.A.)
Chairman Hutchinson presented both proclamations to Sheriff Ken Mascara who thanked the
Board for the proclamations and accepted them with gratitude. He thanked the Board for
recognizing all the committed officers who protect and serve St. Lucie County. Also, he shared
that there will be a memorial service to honor the local fallen law enforcement on May 17 at
7:00 pm at St. Bernadette Catholic Church.
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cathy Townsend, District No. 5
SECONDER: Anthony Bonna, District No. 2
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
C. Resolution - Adoption of a resolution proclaiming Saturday, May 12, 2018 as "Letter Carriers'
Stamp Out Hunger Food Drive Day" in St. Lucie County, Florida.
The deputy clerk read the proclamation into the record. A motion was made to adopt the
resolution and it carried unanimously.
Chairman Hutchinson presented the proclamation to a representative with the Treasure Coast
Food Bank who thanked the Board for the proclamation and accepted it with gratitude. He
highlighted the wonderful partnership they have with the National Association of Letter
Carriers as they collected 200,000 pounds of food last year to donate to the community. They
are excited for this year's food drive and thanked the Board for the recognition.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cathy Townsend, District No. 5
SECONDER: Linda Bartz, District No. 3, Vice -Chair
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
D. Resolution - Adoption of a resolution proclaiming May 18, 2018 as "Haitian Flag Day" in St.
Lucie County, Florida.
The deputy clerk read the proclamation into the record. A motion was made to adopt the
resolution and it carried unanimously.
Chairman Hutchinson presented the proclamation to Carlleen Wright and Carmel Vericain who
thanked the Board for the proclamation and accepted it with gratitude. Ray Darville thanked
the Board on behalf of the Haitian community and invited the public to the Haitian Flag Day
Festival on May 18 at the Port St. Lucie Civic Center.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Anthony Bonna, District No. 2
SECONDER: Cathy Townsend, District No. 5
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
E. Resolution - Adoption of a resolution proclaiming April 28, 2018 as "Workers' Memorial Day"
in St. Lucie County, Florida.
The deputy clerk read the proclamation into the record. A motion was made to adopt the
resolution and it carried unanimously.
Chairman Hutchinson presented the proclamation to Sean Mitchell, Vice -President of Palm
Beach -Treasure Coast, AFL-CIO Central Labor Council who thanked the Board for the
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
proclamation and accepted it with gratitude. Mr. Mitchell gave a brief history of OSHA and
shared a heartfelt yet tragic story of someone who lost their life at work. He stressed the
importance of workplace safety and thanked the Board on behalf of all the workers he
represents.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Anthony Bonna, District No. 2
SECONDER: Chris Dzadovsky, District No. 1
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
RECESS AS THE BOARD OF COUNTY COMMISSIONERS
At this time, Chairman Hutchinson recessed the Board of County Commissioners meeting. Refer to the
minutes of the Erosion District meeting for May 1, 2018.
RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS
Chairman Hutchinson reconvened the Board of County Commissioners regular meeting.
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, inquired on the status of the removal of the structure
that causes flooding in Lakewood Park. Commissioner Townsend advised him to contact her
office to set up a meeting,
• Jason Weaver, 7604 Ocala Ave in Fort Pierce, spoke of the sewer treatment plant in Lakewood
Park that loses power and causes flooding. He asked for the Commissioners help in contacting
FP&L,
• Pat Simmons, 26 Lake Vista Trail in Port St. Lucie, spoke of Wear Orange Day,
• David Kaplan, 410 SE Naranja Ave, spoke of traffic concerns on Floresta Drive and Naranja Ave;
document was submitted to be included as part of the record,
• Barry Janeway, 320 SE Naranja Ave, spoke of traffic concerns on Floresta Drive.
There being no one further wishing to appear before the Board, Chairman Hutchinson closed public
comment.
7. PRESENTATIONS
There are no items scheduled.
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
8. CONSENT AGENDA
Commissioner Townsend and Commissioner Dzadovsky asked for clarification on Item 8.M.1. (Request
for Proposal No. 18-032 Havert L. Fenn Center Concession Services). Matt Baum, Parks & Special
Facilities Manager, provided clarification.
A motion was made to adopt the consent agenda and it passed unanimously.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Linda Bartz, District No. 3, Vice -Chair
SECONDER: Cathy Townsend, District No. 5
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
A. WARRANTS
1. Warrant Lists 28 & 29
B. ADMINISTRATION
There are no items scheduled.
C. AIR & SEA PORT
1. Acceptance of Florida Department of Transportation (FDOT) Supplemental Joint
Participation Agreement (JPA) for the Maintenance and Repair Overhaul (MRO) Hangar
Project
2. To Approve AECOM Technical Services, Inc. Work Authorization #12 for the Runway 10L-
28R South Apron Construction Administration, Quality Assurance Materials Testing
Services, and Resident Project Representative Services.
3. To Approve AECOM Technical Services, Inc. Work Authorization #11 for the Rehabilitate
Taxilane D1 Construction Administration, Quality Assurance Materials Testing Services,
and Resident Project Representative Services.
4. Budget Resolution - FL Department of Transportation (FDOT) Fisherman's Wharf
Bulkhead Construction Grant
D. COUNTY ATTORNEY
1. Resolution - Amending the Schedule of Fees to Cover the Costs of Technical and
Administrative Activities
2. Fisherman's Wharf Bulkhead Boat Ramp and Basin (Phase 1) Project Agreement
3. Amended FY17-18 St. Lucie County Health Department Contract
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
4. Treecyle Land Clearing Inc. Bond Release
5. Terminating Guardian Ad Litem Interlocal Agreement between the City of Fort Pierce
and St. Lucie County for the Lease of Tenant Improved Space at the City Parking Garage
6. Resolution - Right -of -Way Donation - Dollar Tree Stores, Inc. - Hartman Road and
Okeechobee Road
7. Resolution granting permission to the State of Florida Department of Transportation to
rename overhead and median signs on U. S. Highway 1 located in the vicinity of Spanish
Lakes Mobile Home Park
8. Resolution - Approving Facilities Use Agreement (FUA) with Lincoln Park Main Street,
Inc.
E. COMMUNITY SERVICES
1. State Housing Initiative Partnership (SHIP) Water/Sewer Assistance Mortgage
Satisfaction
F. COURT ADMINISTRATION
There are no items scheduled.
G. ENVIRONMENTAL RESOURCES
There are no items scheduled.
H. FACILITIES
1. Award of Bid No. 18-040, Administration Building Air Handler Replacements
I. HUMAN RESOURCES
There are no items scheduled.
J. INFORMATION TECHNOLOGY
There are no items scheduled.
K. LIBRARY SERVICES
1. Resolution - Annual State Aid to Libraries Grant Allocation for FY 2018
L. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
There are no items scheduled.
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
M. OFFICE OF MANAGEMENT & BUDGET
1. Request for Proposal (RFP) No. 18-032 Havert L. Fenn Center Concession Services
N. PARKS & RECREATION
There are no items scheduled.
O. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
P. PUBLIC SAFETY
1. St. Lucie County Renewal Certificate of Public Convenience and Necessity Application -
St. Lucie County Fire District
2. St. Lucie County Certificate of Public Convenience and Necessity Renewal Application -
Council on Aging of St. Lucie, Inc.
3. St. Lucie County Certificate of Public Convenience and Necessity Renewal Application -
Falck Southeast II Corp d/b/a American Ambulance Service
4. St. Lucie County Certificate of Public Convenience and Necessity Renewal Application -
Golden Years Senior Care, Inc.
5. St. Lucie County Certificate of Public Convenience and Necessity Renewal Application -
Advanced Medical Transport
6. St. Lucie County Certificate of Public Convenience and Necessity Renewal Application -
Falck Southeast II Corp. d/b/a All County Ambulance
7. St. Lucie County Certificate of Public Convenience and Necessity Application - An Answer
to Care, Inc.
8. St. Lucie County Certificate of Public Convenience and Necessity Renewal Application -
We Care of the Treasure Coast, Inc.
Q. PUBLIC WORKS
1. North 2nd Street Change Order No. 34 and No. 35 with Mancil's Tractor Service, Inc.
2. Indrio Road Conduits
3. Edwards Road Emergency Pavement Failure
4. Gordy Road Bridge
5. Telecommunications Registration and Permit Procedures Project
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
R. SHERIFF'S OFFICE
There are no items scheduled.
S. SOLID WASTE
There are no items scheduled.
T. SUPERVISOR OF ELECTIONS
There are no items scheduled.
U. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
V. UTILITIES
There are no items scheduled.
9. PUBLIC HEARINGS
A. COUNTY ATTORNEY
1. Ordinance - Providing for the Placement of Communication Facilities in Rights -of -Way
and Amending the St. Lucie County Cable Television Franchise Ordinance
Katherine Barbieri, Assistant County Attorney, began the presentation for this item. 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 proposed Ordinance creates the County's Communications -Rights -
of -Way Ordinance to exercise the County's authority in implementing the Act and to
regulate all communications facilities placed or maintained in the public rights -of -way
consistent with Florida and Federal law. This does not affect facilities on private
property, which is governed by the Land Use Code, or facilities on rights -of -way not
controlled by the County.
The County hired Attorney Gary Resnick with GrayRobinson to assist with this matter. A
draft of the Ordinance was distributed to industry members and their representatives
for input and a public workshop was conducted on February 9, 2018. County staff
received comments on behalf of many industry members as well as members of the
public.
Regular Meeting Tuesday, May 1, 2018 6:00 PM
At the March 6, 2018 Board meeting, the industry raised more concerns and requested
time to meet with staff. The public hearing was continued to the May 111 meeting.
On April 13, 2018, a phone conference was held with the industry to discuss the issues.
Those issues are to be highlighted by Mr. Resnick.
Additionally, there was some confusion in the agenda item that included a new
ordinance along with an older version. Staff recommended the public hearing be
continued to the May 15, 2018 meeting at 9:00 am.
Gary Resnick, with GrayRobinson, began his portion of the presentation. He stated this
ordinance is the result of a change in state law that became effective in July 2017. The
law mandates that local governments in Florida allow small cell wireless facilities in the
rights -of -way. However, the law does preserve some local authority with respect to
regulation of such facilities. This was a nationwide priority for the wireless
communications industry and approximately 20 states have adopted such statutes. A
few states have challenged this law.
The County has been under a temporary moratorium to consider regulations to
implement this statute. The Ordinance that has been drafted is the result of input from
staff. There was also tremendous input from the industry.
Mr. Resnick relayed there was input received from the workshop and stated as a result,
there have been further revisions made. The new drafted version of the Ordinance was
submitted on April 251h. This version was sent to the industry and has received further
comments. He stated many of those comments have been addressed yet the industry
objects to a number of provisions in the draft Ordinance.
Chairman Hutchinson opened the hearing for public comment at this time. The
following individuals addressed the Board:
• Diane Goldberg, resident of Port St. Lucie, spoke in opposition of the Ordinance,
• Paul Laura, from the Treasure Coast Democratic Environmental Caucus of
Florida, spoke in opposition of the Ordinance,
• Jerry Buechler, 1719 SW Leafy Road in Port St. Lucie, spoke in opposition of the
Ordinance; submitted documents to be included as part of the record,
• Stephanie Austin, resident of Indian River County, spoke in opposition of the
Ordinance,
• Sherry Anchor, resident of Port St. Lucie, spoke in opposition of the Ordinance,
• Shirley Dentin Jackson, resident of Palm Beach County, spoke in opposition of
the Ordinance; submitted document to be included as part of the record.
There being no one further wishing to appear before the Board, Chairman Hutchinson
closed the public hearing.
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
Mr. Resnick addressed the comments that were made by the public. He reiterated the
state statute preempts local government from outright denying the facilities in the
rights -of -way but it does preserve the authority to regulate the placement and
maintenance of these facilities in respect to design standards and location context.
Commissioner Dzadovsky inquired if there are fees required for the cost of collocating
the facilities in the rights -of -way. Mr. Resnick responded the state statute does not
require a permit fee but that there is a fee for accessing the rights -of -way. He detailed
the possible ways that the industry and wireless companies would incur fees.
Commissioner Dzadovsky clarified that the communications tax is one that comes from
the users of the wireless service and not from the wireless companies.
There was a discussion on the 14 day permitting process. Commissioner Dzadovsky
asked approximately how many facilities will be placed in the County. Mr. Resnick stated
that is difficult to say as it depends on a number of variables. He did state they will look
to locate the facilities in dense, urban areas. It was also pointed out that the draft
Ordinance includes a pre -application meeting with staff and this would allow for staff to
have an idea of how many facilities a company is looking to install.
There was a discussion on the industry objecting to the pre -application process. It is not
staff's recommendation to remove that from the Ordinance. It's Mr. Resnick's opinion
that this pre -application process will be very helpful, especially in the beginning, for
both the industry and the County as they go through the application process. He stated
the pre -application meetings can be waived, if staff is in agreement.
The Chair requested to have information provided at the next meeting regarding the
point of contact should someone have an inquiry or concern on one of the facilities.
There was also a discussion on the security fund requirement in the drafted Ordinance,
which would allow for repairing any possible damage to County property. It was stated
that the industry objects to this requirement. Mr. Resnick said the current drafted
Ordinance reduces the security fund requirement from $50,000 to $35,000 and
emphasized that it is a fund that can be replenished. He was seeking input from the
Board.
A motion was made to continue the public hearing and it carried unanimously. The
public hearing will be heard on May 15, 2018 at 9:00 am or as soon thereafter.
RESULT: CONTINUED Next: 5/15/2018 9:00 AM
2. Ordinance - Amendments to the Land Development Code regarding
Telecommunications Towers and Antennas
This item was presented by the Assistant County Attorney. In 2008, St. Lucie County
enacted Ordinance No. 08-008 establishing guidelines for the siting of wireless
telecommunication towers and antennas. In January 2009, the Board approved
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
Ordinance No. 09-003, which revised the minimum separation requirements for towers.
The County has not revised the Ordinance since 2009.
On May 25, 2017, St. Lucie County engaged Gary Resnick to represent the County with
respect to amendments to the county code regarding wireless communication facilities,
consistent with federal and state law. Mr. Resnick recommended a comprehensive
revision of St. Lucie County Code to reflect all federal and state law changes and to
consider revisions to address new technologies.
On April 19, 2018, the ordinance went before the Planning and Zoning Commission. The
members expressed concern for any regulations of amateur radio. The members
discussed postponing the ordinance to see a final version of regulations of amateur
radio. They voted unanimously to approve the ordinance with the recommendation that
the Board incorporate their recommendations. The Assistant County Attorney
overviewed the agreed recommendations that were discussed on April 25tn
Staff stated this was the first of two required public hearings. At the next meetings, the
agreed upon changes will be incorporated into the draft ordinance.
Chairman Hutchinson opened the hearing for public comment at this time. The
following individuals addressed the Board:
• Stephen Lochner, 3191 NW Perimeter Rd, spoke in opposition of the
amendments and offered suggestions,
• William Hatch, 3179 Dockage Way, spoke in opposition of the amendments,
• Stephanie Austin, resident of Indian River County, had a question,
• Diane Goldberg, resident of St. Lucie County, had a question.
There being no one further wishing to address the Board, Chairman Hutchinson closed
public comment.
Commissioner Dzadovsky asked a question on how the Planning and Zoning
Commission's input effects the Board's action on this item. The Assistant County
Attorney provided an answer. He also asked a question to clarify the legal requirements
on the moratorium.
Mr. Resnick detailed the proposed ordinance's amendments to the Land Development
Code regarding Telecommunications Towers and Antennas. The changes include moving
definitions to one section, amending, removing and adding definitions, repealing the
ordinance on communication facilities in rights -of -way, setting priorities for where new
towers can be located, discretion as to whether or not a tower is a stealth tower, and
implementing the new regulations necessary due to the change in federal law.
Chairman Hutchinson allowed Stephen Lochner to ask a question of Mr. Resnick.
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
This is the first of two public hearings. The Board approved a second hearing on May 15,
2018 at 9:00 am or as soon thereafter.
8:45 PM - Chairman Hutchinson called for a 10 minute recess
9:00 PM - The Board of County Commissioners reconvened
RESULT: 1ST READING APPROVED Next: 5/15/2018 9:00 AM
B. PLANNING & DEVELOPMENT SERVICES
1. Ordinance - Roads Impact Fee
St. Lucie County contracted with Culpepper & Terpening, Inc. and Tindale Oliver, to
update and recalculate the County's Roads Impact Fees as required under Section 24-
270 of the St. Lucie Code of Ordinances.
Both the County Attorney and Dennis Murphy, a consultant with Culpepper &
Terpening, stated this public hearing is to be continued to a date 6 months out.
There were no comments or questions from the Board.
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.
Staff recommended the public hearing be continued to February 5, 2019 at 6:00 pm or
as soon thereafter. A motion was made to continue the hearing and it passed
unanimously. The public hearing is continued to February 5, 2019 at 6:00 pm or as soon
thereafter.
RESULT: CONTINUED Next: 2/5/2019 6:00 PM
2. River Park Overlay Land Development Code Text Amendment
The proposed text amends the River Park Community Overlay Zone, Section 4.02.00 of
the Land Development Code. The purpose of the overlay zone is "to recognize changing
conditions along Prima Vista Boulevard, in the River Park subdivision, between South
Highway US 1 and Airoso Boulevard and to establish supplemental performance
standards of review by which to evaluate all applications for change in zoning to
nonresidential use." The overlay zone section "is intended to provide for a logical and
orderly transition from residential to nonresidential zoning where appropriate, and to
protect those parcels which remain residential from the impacts of nonresidential
development."
The proposed Land Development Code amendments to the River Park Community
Overlay Zone are the result of many years of planning efforts between St. Lucie County
and the residents of the River Park neighborhood. The original overlay was adopted in
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
1997 as a way to maintain the corridor as primarily residential, since conversion to
commercial uses had been gaining frequency. In recent years sentiments have changed
to emphasize a more refined attitude toward the inclusion of commercial uses in ways
that still perpetuate the residential character and form of the community. The revisions
in this ordinance include a reconsidered approach to allow non-residential uses along
the Prima Vista Blvd. corridor.
Kara Wood, Project Manager for Planning & Development Services, presented this item.
She began the presentation with a map overviewing the River Park Overlay. She
proceeded with a background of the current overlay which was adopted in 1997. The
issues of this area were detailed and Ms. Wood displayed photographs as examples of
the existing conditions. In 2014, workshops were held with the River Park Community to
discuss possible changes. There was a consensus on a few things the residents would
like to see changed. As an example, Ms. Wood showed a photo of a home on Delaware
Ave that was previously residential and has since been converted to a small business.
The proposed overlay amendments were detailed and have been approved as a
recommendation from the Planning & Zoning Commission. Also, the Planning & Zoning
Commission requested that the Board consider ways to enhance the landscaping along
Prima Vista.
Staff recommended that the Board schedule the required second public hearing for the
River Park Overlay Land Development Code Text Amendment for Tuesday, June 5, 2018
at 6:00 pm or as soon thereafter as the item may be heard.
Commissioner Townsend wanted the public to know that the City of Port St. Lucie
encourages the planting of trees on Prima Vista and has a program that will plant trees
for free, upon submitting an application.
Chairman Hutchinson commented on the traffic issues that exist in this area and
requested staff look at ways to address this issue. Leslie Olson, Planning & Development
Services Director, responded that they will do so.
Commissioner Bartz had questions and concerns on the separation requirements for
residential and commercial lots, as well as the parking lot requirements. Ms. Wood
provided answers.
There were no other comments or questions from the Board.
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.
This is the first of two public hearings. The Board approved a second hearing on June 5,
2018 at 6:00 pm or as soon thereafter as the item may be heard.
RESULT: 1ST READING APPROVED Next: 6/5/2018 6:00 PM
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
10. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Indian River Estates Stormwater Improvements Phase II - Proposed Settlement Offer
The County Attorney presented this item. The Indian River Estates 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 Indian River Estates Stormwater Improvements Phase II Project was federally
funded through the Hazard Mitigation Grant Program with the Florida Department of
Emergency Management. The County has received 75% of the funding ($4,684,610.00)
in the form of a Federally Funded Sub -Grant Agreement. There was a local match of 25%
funded from Drainage Maintenance MSTU Reserves and a small amount came from
Stormwater Reserves.
The County contracted with a firm out of Miami, Fountain Engineering, Inc., (Fountain)
who has since declared bankruptcy, subsequent to the project. Unfortunately, Fountain
did not maintain the project schedule and did not perform the work properly. In January
2015, the County terminated the contract with Fountain and notified the surety,
Hanover. On or about the time of termination, Fountain stopped working on the project.
Following termination, Fountain further refused to produce a complete set of as -built
plans for the County to use as the basis for developing the scope of the repair work
necessary in order to bid out the balance of the project for completion.
Fountain failed to construct substantial portions of the project in accordance with the
permitted plans. This caused two problems for the County: 1) the federal grant
conditioned that the project be built in accordance with the plans and 2) the County has
permits from the South Florida Water Management District which required the project
be built in accordance with the plans. Overall, it was a critical failure as there were
federal grant deadlines and an emergency was declared. The work was split into two
phases, a "North" and "South" phase and two firms were brought on to complete the
project.
The County filed suit against Fountain and the surety company, Hanover. On November
3, 2015, the Board approved the proposed settlement agreement with Hanover that
resulted in a payment to the County of $403,000.00. Also on November 3, 2015, the
Board granted permission to sue Fountain and Dunkelberger in state court. A jury trial is
currently scheduled in mid -June of this year. There was one unsuccessful mediation. A
second mediation in the state court case was held on April 18, 2018. At that mediation,
Fountain and Dunkelberger made a combined settlement proposal payment to the
County in the amount of $1,250,000.00. The previous settlement proposal was in the
amount of $100,000.00.
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
In analyzing a settlement offer it is helpful to review a "best case - worst case" scenario.
In the "worst case" a jury would award the County $0 in its claim against Fountain and
Dunkelberger. In that event the County would be responsible for payment of Fountain
and Dunkelberger attorneys' fees and costs which are estimated to be $250,000.00. In a
"best case" scenario a jury would award the County the full amount sought, plus
attorneys' fees, costs and interest which, in this case, is approximately $3,600,000.00. It
is difficult to predict what a jury would do in this case. The facts and legal arguments
may be somewhat confusing to the jurors. In addition, there are multiple defendants
and conflicting expert opinions, which could add to the confusion. Fountain or
Dunkelberger could appeal any adverse results. It is also probable that there will be a
subsequent lawsuit filed by Fountain's insurer over insurance coverage issues in the
event the County prevails in the litigation.
The proposed settlement of $1,250,000.00 when combined with the $403,000.00
previously received from Hanover plus retainage kept is approximately what the County
paid in 2015 to remediate the defective work by Fountain. The combined settlement
proposal provides that each party will bear its own attorneys' fees and expert costs. The
County's attorney's and expert fees and costs over the three years of litigation is
$266,000.00. Given the complexity of the case along with the resulting uncertainty of
the outcome, the probability of future litigation in the event that the County prevails,
and the fact that Fountain no longer exists, County staff recommends that the Board
accept the settlement offer. The County's special counsel also recommends that the
County accept the proposed combined settlement offer.
On November 3, 2015 the Board approved a proposed settlement offer with Hanover
that resulted in a payment to the County of $403,000.00.
On March 6, 2018 the Board voted to reject a $100,000.00 settlement proposal from
defendant Fountain Engineering, Inc.
Staff recommended that the Board approve the proposed settlement offer from
Fountain and Dunkelberger in the amount of $1,250,000.00. If the Board determines to
accept the settlement offer, staff further recommends that the Board consider
allocating the settlement funds to the Indian River Estates Phase 3 Improvement
Project.
A motion was made to approve staff recommendation and it passed unanimously.
RESULT: APPROVED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Cathy Townsend, District No. 5
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
B. PARKS & RECREATION
1. Award Bid #18-042 Lawnwood Baseball Field Renovation Field #2
This item was presented by Matt Baum, Parks & Special Facilities Manager. On April 4,
2018, submittals to Bid No. 18-042 were opened. Two submittals were received; 331
companies were notified, and 27 bid documents were distributed. Bid No. 18-042 was
for a qualified contractor to strip, laser grade, level and replace sod. Sufficient funds are
available in the Parks MSTU fund to complete the Bob Gladwin baseball field #2
renovation.
Staff recommended Board approval to award Bid No. 18-042 to JSM Services, Inc., the
lowest responsive and responsible bidder in the amount of $114,828.99 to perform field
renovations on field #2 at Bob Gladwin Complex, and authorize the Chair to sign
documents as approved by the County Attorney.
A motion was made to approve staff recommendation and it passed unanimously.
RESULT: APPROVED [UNANIMOUS]
MOVER: Cathy Townsend, District No. 5
SECONDER: Anthony Bonna, District No. 2
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
C. PUBLIC WORKS
1. 2018 Surtax Referendum for Priority Projects
Kimberly Graham, St. Lucie County Engineer, presented this item. She stated it is a
follow-up to the discussion from the informal meeting on April 10th. First of all, the
County Engineer said the goal of the referendum is to provide better roads, cleaner
water, and more sidewalks. The aim of the County, should the referendum be passed, is
to "hit the ground running".
The County Engineer overviewed the list of the repaving projects and stated the priority
project is Prima Vista Blvd. She continued on with the bridge replacement projects,
emphasizing all of the bridges were damaged as a result of Hurricane Irma. Next, the
County Engineer touched on the culvert replacement list and the water quality projects.
She stated two projects were added to the water quality project list. She proceeded by
going over the roadway projects improvement list and stated staff added Edwards Road.
Staff will be seeking funding from FHWA, as the damage was due to Hurricane Irma.
However, it has been added in the event that no additional funding is granted. She also
noted that the beautification to Prima Vista Blvd will be done after the repaving and
staff will seek neighborhood input. Lastly, the County Engineer discussed the
intersection improvement projects and the sidewalk improvement projects. It was
noted the County has grant opportunities to help with the water quality projects and
sidewalk improvement projects.
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
Commissioner Dzadovsky suggested that staff include additional wording to clarify what
the projects' benefits will be and to point out projects that will also lend to the
improvement of the Lagoon.
Continuing on, the County Engineer stated that once the priority list has been approved,
staff will finalize the cut sheets for each of the projects. They will be available for the
public to view on a website made specifically for the referendum. Chairman Hutchinson
commented that the cut sheets would be a good place for staff to clarify the benefits for
each of the projects.
The County Engineer went through the estimated costs of the projects and the
estimated revenue from the surtax. She stated the staff has allowed some room for
flexibility by proposing a project list that costs less than the estimated referendum
revenue. This could allow for flexibility if unforeseen conditions arise, if there are issues
with contractor availability, if material costs become higher, and could allow for the
opportunity to finance or issue bonds.
Commissioner Dzadovsky asked for clarification on the Harmony Heights project. Don
West, Public Works Director, provided clarification and stated that topic will be
discussed in more detail at the informal meeting scheduled for May 8tn
Commissioner Bonna suggested that the website possibly include a function that allows
for public input for the second -tier projects.
There were no additional comments or questions from the Board.
A motion was made to approve staff recommendation and it passed unanimously.
RESULT: APPROVED [UNANIMOUS]
MOVER: Anthony Bonna, District No. 2
SECONDER: Linda Bartz, District No. 3, Vice -Chair
AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend
11. ANNOUNCEMENTS
A. The Board of County Commissioners will hold an Informal meeting on Tuesday, May 8, 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, May 15, 2018 at
gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
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Regular Meeting Tuesday, May 1, 2018 6:00 PM
C. St. Lucie County will hold the 2nd Annual Treasure Coast Tourism Showcase as a regional effort
to promote tourism on the Treasure Coast and educate local residents on all of the unique
things to do and see in the area. Door prizes and "staycation" packages will be given away to
lucky winners. This free, public event is being held at the Port St. Lucie Civic Center, located at
9221 SE Civic Center Place, Port St. Lucie, FL 34952, on Sunday, May 20th, 11am-3pm.
D. County offices will be closed on Monday, May 28, 2018 in observance of Memorial Day.
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.
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