REGULAR MEETING BOARD OF COUNTY COMMISSIONERS FEB. 26, 2013

Transcription

1 REGULAR MEETING BOARD OF COUNTY COMMISSIONERS FEB. 26, 2013 The Board of Sumter County Commissioners (Board) convened in regular session on this Tuesday, February 26, 2013, at The Villages, Florida, with the following members present to wit: AI Butler, Vice Chairman, District No. 1; Douglas Gilpin, Chairman, District No. 2; Donald Burgess, District No. 3; Garry Breeden, District No. 4; and Don Hahnfeldt, 2nd Vice Chairman, District No. 5. The following individuals were also present and acting in their respective official capacities: Bradley Arnold, County Administrator; Bill Kleinsorge, Finance Director; Connie Webb, Deputy Clerk; and, George Angeliadis of The Hogan Law Firm, Attorneys for the Board. Commissioner Gilpin called the meeting to order at 5:00 p.m. with the invocation given by Commissioner Butler followed by the flag salute led by Commissioner Breeden. 1. TIMED ITEMS AND PUBLIC HEARINGS a. 5:00 PM - Public Hearing - Amendment to Chapter 13 of the Sumter County Code of Ordinances to Provide for Sport Shooting Ranges as a Special Use in Identified Land Use Zones and Consideration of Adoption of Same Commissioner Gilpin called for a public hearing to consider the adoption of an ordinance ( ) to amend Chapter 13 of the Sumter County Code of Ordinances to provide for Sport Shooting Ranges as a Special Use in Identified Land Use Zones. Proof of Publication, as advertised, filed herewith. This is the second and final public hearing on this matter. The first hearing was held on February 12, 2013 in Bushnell. Karl Holley, Sumter County Development Services Director, presented the proposed ordinance to the Board. The proposed ordinance establishes a sport shooting range as a special land use permit use in the A10, A10C and the PIE Land Use Districts. It should be noted that special land use permits are required to be reviewed and approved by the Board. Mr. Holley also referenced the January 28, 2013 letter from the Gunster Law Firm that was discussed at the first public hearing on February 12, PUBLIC - Robert S. Raynes, Jr., of the Gunster Law Firm, 800 S.E. Monterey Commons Boulevard, Suite 200, Stuart, FL, appeared on behalf of Long Hammock Ranch, LLC and Long Hammock Ranch II, LLC. Mr. Raynes thanked Mr. Holley and Mr. Angeliadis for their cooperation throughout the process of this proposed ordinance. Mr. Raynes advised that they are not opposed to shooting ranges and that there should be an ordinance regarding such in Sumter County, they just differ with how it should be presented. Mr. Raynes discussed these differences in an alternate proposed ordinance which is part of the January 28, 2013 letter. Page 1 of 16

2 Linda Brown, NE 48 Loop, Oxford, a new resident to Sumter County, inquired about proposed location for any shooting ranges. Commissioner Gilpin responded to Ms. Brown. Board discussion a.pdf Commissioner Butler moved, with a second by Commissioner Breeden, to approve Ordinance amending Chapter 13 of the Sumter County Code of Ordinances to Provide for Sport Shooting Ranges as a Special Use in Identified Land Use Zones as presented. The motion carried unanimously 5-0. b. 5:30 PM - Public Hearing - Zoning and Adjustment Board recommendations and/or Development Review Committee recommendations Commissioner Gilpin called for a public hearing to consider the recommendations of the Zoning and Adjustment Board (ZAB} and/or Development Review Committee (DRC). Proof of Publication, as advertised, filed herewith. Commissioner Gilpin advised that "If you plan to speak during any of the public hearings on an item listed under number 1 of the agenda which is marked with an asterisk, indicating it is quasi judicial in nature, please rise and be sworn." Those responding were sworn in by Connie Webb, Deputy Clerk. Commissioner Gilpin reminded the audience that "only competent, substantial, fact based testimony or evidence will be considered by the Board in deciding the quasi judicial matters listed on today's agenda. Pure speculation or opinion, not based on competent facts, cannot be legally considered by the Board in weighing the appropriateness of the quasi judicial application. If you intend to speak on an item marked "quasi judicial," please keep this in mind. Finally, before addressing the Board, and in order to keep the public record accurate, state your name, address and whether or not you have been sworn when you approach the podium to speak on a quasi judicial matter." Karl Holley, Sumter County Development Services Director, having been sworn, presented the following ZAB cases for consideration: 1. *S Major Special Use Permit to Allow a Church - Amazing Grace Lutheran Church- C-472/Wildwood The Chairman polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Burgess - none; Commissioner Hahnfeldt-none; Commissioner Breeden-none; Commissioner Butler - none; and Commissioner Gilpin-none. Page 2 of 16

3 The applicant is requesting a major special use permit to allow a church on 9.80 acres MOL in two phases. There were 23 notices sent with two (2) being returned in favor. The ZAB recommended approval by a vote of 5-0. Mr. Holley advised that as this is in the Joint Planning Area with the City of Wildwood and that they were notified of the request and provided no objection. PUBLIC - There was no public input b-1.pdf Commissioner Burgess moved, with a second by Commissioner Butler, to approve *S Request of applicant, Amazing Grace Lutheran Church, for a Major Special Use Permit to develop a church on 9.80 acres MOL in two phases. The motion carried unanimous! 5-0. *Quasi Judicial 2. REPORTS AND INPUT a. County Administrator Bradley Arnold, County Administrator, discussed the following agenda items: 1. Public Safety Radio System Update (For Information Only) Mr. Arnold gave a summary of the timeline of this Project. The new system provides 98.67% coverage for the entire County with an additional three miles outside the boundaries of the County. There is also a 95.93% coverage within the structures within Sumter County. Mr. Arnold advised that representatives of the Sheriff's Office, Rural Metro, Sumter County Fire and EMS, and Motorola were present should there be any questions regarding the new system. These representatives commented on the new system and how grateful they are that it is in place. The Board members commented on the importance of this new system and expressed appreciation for all of the efforts of everyone involved a-1.pdf 2. Significant Schedule of Items (For Information Only) a-2.pdf 3. BOCC Road Project Summary (For Information Only) a-3.pdf Page 3 of 16

4 4. Facilities Development Bi-Monthly Report February 26, 2013 (For Information Only) a-4.pdf 5. Department Surveys January 2013 (For Information Only) a-5.pdf Sumter County Annual Report (For Information Only) Mr. Arnold advised that this is available to the public on the County website a-6.pdf 7. Household Hazardous Waste Event aka Amnesty Day (For Information Only) This year's event will be held on March 23, 2013 from 9:00am to 3:00pm at the South Sumter High School parking lot in Bushnell a-?.pdf Page 4 of City of Bushnell Public Notice of Annexation Ordinance No (For Information Only) This is a notice advising of a public hearing on March 4, 2013 at 6:00 p.m. at Bushnell City Council Chambers regarding Parcel N08=115 (Robert and Lois Lynch) a-8.pdf 9. City of Wildwood Public Notice of Annexation of a portion of Parcel D18=038 (For Information Only) The property is owned by Gary E. Williams a-9.pdf 10. City of Wildwood Public Notice of Annexation of a portion of G07=133 (For Information Only) The property is owned by Segars Properties LLC a-1 O.pdf

5 11. City of Wildwood Public Notice of Annexation of the northern 1 00' of 030=003 (For Information Only) The property is owned by William R. Futch, Trustee a-11.pdf 12. Rural Metro re-accreditation through the Commission on Accreditation of Ambulance Service (For Information Only) a-12.pdf 13. New Cow Palace Site Options (For Information Only) Consensus is that Site D is the preferred option a-13.pdf 14. Sumter County Community Transportation Coordinator designation items (For Information Only) This is related to the Lake-Sumter MPO's recommendation to the Florida Commission for Transportation Disadvantaged that the Board remain the Community Transportation Coordinator for Sumter County until June 30, a-14.pdf 15. Request from Transit requesting to change 5310 Grant (For Information Only) The requested change is to substitute the purchase of a 23' cut-a-way low-floor bus for $125, with two- 21' cut-a-way vehicles at a cost of $125, a-15.pdf 16. Villages of Sumter Development of Regional Impact conversion of land use (For Information Only) This letter is the required thirty (30) day advance notification of The Villages of Lake-Sumter, Inc.'s (Developer) conversion of 5,653 Office sq. ft. to 65 Assisted Living Facility Beds (Memory Care Facility) in Area 1 (from CR566 to CR566A). This use of the Conversion Table will be reported as required in the 2012/2013 Annual Report on The Villages' ORis. Page 5 of a-16.pdf

6 17. Board of County Commissioners Committee Analysis (For Information Only) This will be discussed at the March workshop a-17. pdf 18. Letter to Dr.. Charles Mojock regarding Sumter County Center for Workforce Innovation and Education (For Direction) The letter lists the following commitments, if needed: (1) Provide capital funding support up to $10,000 for the installation of data connectivity between the Lake Sumter State College Sumterville Campus, the starting facility of the Sumter County Center for Workforce Innovation and Education, and The Villages Charter School Campus; and (2) Provide in-kind support for the internship/coop/apprenticeship opportunities within the Sumter County Board of County Commissioners operations in the trade areas of information technology and stormwater technology, in the education area of the Bachelor of Applied Science, and in the Public Safety Center for Fire Science. Commissioner Breeden moved, with a second by Commissioner Burgess, to approve Chairman's signature on the letter to Dr. Charles Mojock regarding Sumter County Center for Workforce Innovation and Education. The motion carried unanimously a-18.pdf b. County Attorney 1. Closing documents for purchase of Parcel 9, I. D. G05D031, as related to the 466A Right-of-Way Acquisition (For Information Only) Parcel No. G05D031, Sellers- Rhonda L. Hammond f/kla Rhonda L. Sennett and Marvin H. Hammond b-1.pdf 2. Closing documents for purchase of Parcel 11, I. D. G05C088, as related to the 466A Right-of-Way Acquisition (For Information Only) Parcel G05C088, Seller - Sandra Meineker b-2.pdf Page 6 of 16

7 3. Closing documents for purchase of Parcel 12, I.D. G05C090, as related to the 466A Right-of-Way Acquisition (For Information Only) Parcel G05C090, Sellers - Wayne F. Baldwin, Jr. and Patricia A. Dehart f/kla Patricia A. Baldwin b-3.pdf 4. Closing documents for purchase of Parcel 30, I.D. G05=153, as related to the 466A Right-of-Way Acquisition (For Information Only) Parcel G05=153, Sellers - Denise E. Warnock f/kla Denise E. Reynolds and Ralph W. Warnock, Jr b-4.pdf 5. Closing documents for purchase of Parcel 31, I. D. G05121, as related to the 466A Right-of-Way Acquisition (For Information Only) Parcel G05=121, Sellers- Maryon N. Hammons and Denise E. Warnock b-5.pdf 6. Closing documents for purchase of Parcel 40, I.D. G05H020, as related to the 466A Right-of-Way Acquisition (For Information Only) Parcel G05H020 - Sellers - Crystaline v. Dekle, Carl E. Vause, Jr. and Sarah V. Knuth b-6.pdf 7. Closing documents for purchase of Parcel 51, I. D. G06E025, as related to the 466A Right-of-Way Acquisition (For Information Only) Parcel G06E025, Seller- Lawrence J. Marchbanks, P.A b-?.pdf Page 7 of 16

8 8. Litigation regarding S , Plaintiff Robasota Real Estate (For Information Only) Robasota Real Estate Ltd. v. Sumter County, Florida, Otsego Holdings, LLC and Penfield Holdings, LLC - Complaint for Declaratory and Injunctive Relief. Mr. Angeliadis advised that he is in the process of preparing a response and will provide such to the Board when complete b-8 9. Litigation regarding S , Plaintiffs Zajac and Rogers (For Information Only) Sandra Zajac, William Zajac and Hugh R. Rogers v. Sumter County, Florida, Otsego Holdings, LLC and Sumter County Outdoors, LLC - Petition for Writ of Certiorari. Mr. Angeliadis advised that he is in the process of preparing a response and will provide such to the Board when complete b-9 c. Clerk of Circuit Court d. Board Members 1. Commissioner Breeden - No report. 2. Commissioner Butler- No report. 3. Commissioner Burgess - No report. 4. Commissioner Hahnfeldt Commissioner Hahnfeldt encouraged the public and staff to take an opportunity to look at the 2012 Annual Report listed on Mr. Arnold's agenda. He advised that it shows what a successful year 2012 was for the County and that the County is currently embarking on another successful year and congratulated all those involved. 5. Commissioner Gilpin Commissioner Gilpin commented on the excellent state of the County and what a pleasure to see our employees working together in such a positive manner with each other as well as outside agencies (i.e., Fire, EMS, Sheriff, Rural Metro). Page 8 of 16

9 e. Public Forum Gwen Gant, 833 CR 229P, Wildwood, addressed the Board about the paving of CR 229P. She gave a short summary of the history since 2004 regarding the request for paving of this road. Mr. Arnold responded to Ms. Gant's comments and advised Ms. Gant to contact Scott Cottrell in the future regarding this matter. He. also advised that CR 229P has been approved for pavement this fiscal year which ends September 30, Ms. Gant thanked the Board. 3. NEW BUSINESS -ACTION REQUIRED a. MINUTES 1. None b. FUTURE PUBLIC HEARINGS OR MEETINGS 1. Cancel Board of County Commissioners Workshop meeting scheduled on April 16, 2013 (Staff recommends approval) b-1.pdf Commissioner Breeden moved, with a second by Commissioner Butler, to approve Agenda Item 1 under Future Public Hearings of Meetings to cancel the workshop meeting scheduled for April 16, The motion carried unanimously 5-0. c. APPOINTMENTS 1. Affordable Housing Advisory Committee vacancy (Board's Option) c-1.pdf Commissioner Burgess moved, with a second by Commissioner Breeden, to approve the appointment of Glenn Frazier to the Affordable Housing Advisory Committee as the Non-Profit Housing Provider Sector representative and Cheryl Barnes as t~e Sumter County Resident Sector representative. The motion carried unanimously Construction Industry Licensing Board vacancy (Board's Option). No action taken c-2.pdf Page 9 of 16

10 3. Enterprise Zone Development Agency Committee vacancies (Board's Option). No action taken c-3.pdf 4. Fire and Emergency Medical Services (EMS) Advisory Board vacancy (Board's Option). No action taken c-4.pdf 5. Industrial Development Authority vacancy (Board's Option). No action taken c-5.pdf 6. Lake Sumter Metropolitan Planning Organization (MPO) Citizens Advisory Committee (CAC) and Bicycle & Pedestrian Advisory Committee (BPAC) vacancies (Board's Option). No action taken c-6.pdf 7. Sumter County Tourist Development Council vacancy (Board's Option). No action taken c-?.pdf 8. Zoning and Adjustment Board vacancy (Board's Option). No action taken c-8. pdf Page 10 of 16

11 d.,financial 1. Purchase Order Approval (Staff recommends approval). The following open purchase requisitions are being considered for approval: # (Duval Ford- $35,998.00); # (Ecolane USA, Inc. - $56,406.00); and # (City of Wildwood- $100,000.00) d-1.pdf 2. Inventory Transactions (Staff recommends approval) d-2.pdf 3. Authorize the Sumter County Sheriff's Office to submit the Concept Paper for the Highway Safety Grant (Staff recommends approval) d-3.pdf 4. Budget Amendment A-35 (FY 12/13) General and Stormwater Funds (Staff recommends approval). The purpose of this Budget Amendment is to provide additional funding for ITB /AT - South County Canal Cross Over Repairs d-4.pdf 5. Satisfaction of Public Defender Lien for Roy Sizemore (Staff recommends approval) d-5.pdf 6. Short term loan to Secondary Trust Fund from General Fund via a line of credit in support of C469 resurfacing (Staff recommends approval) d-6.pdf Commissioner Butler moved, with a second by Commissioner Hahnfeldt, to approve Agenda Items 1 through 6 under Financial. The motion carried unanimous! 5-0. Page 11 of 16

12 e. CONTRACTS AND AGREEMENTS 1. Purchase and Sale Agreement for Surplus Property - Offer from Byron and Laura Rettinger for a 10 acre portion of Parcel J 15=0 19 (Staff recommends to reject the offer). The listed price for acres of Parcel J15=019 is $700,000 or $25,000 per acre based on the County's On-Call Appraiser's Report. Byron and Laura Rettinger have submitted an offer to purchase 10 acres MOL of Parcel J 15=019 for $11,000 per acre for a total of $110,000. At this time they can only say that the property will be used for distribution. They are not at a point where they can disclose the type or name of business, therefore, the recommendation is to reject their offer at this time e-1.pdf 2. Contract Change Order #1 for the 1988 Sumter County Jail Renovation Project with Emmett Sapp Builders for owner direct purchase order deductions (Staff recommends approval). This deductive change order in the amount of ($592,468.00) will release contract funds for the County to direct purchase the materials for sales tax savings. At the end of the project, the actual material costs will be reconciled and a change order will be executed to account for the actual sales tax savings e-2.pdf 3. Contract Change Order #1 for the Citizen's Drop-Off Area/Animal Services Project with Signature Enterprises for owner direct purchase order deductions (Staff recommends approval). This deductive change order in the amount of ($1 01,345.80) will release contract funds for the County to direct purchase the materials for sales tax savings. At the end of the project, the actual material costs will be reconciled and a change order will be executed to account for the actual sales tax savings e-3.pdf Page 12 of 16

13 4. Contract Change Order #1 for the Historic Courthouse Renovation Project with Emmett Sapp B.uilders for owner direct purchase order deductions (Staff recommends approval). This deductive change order in the amount of ($1,242,545.00) will release contract funds for the County to direct purchase the materials for sales tax savings. At the end of the project, the actual material costs will be reconciled and a change order will be executed to account for the actual sales tax savings e-4.pdf 5. Contract Change Order #2 for the Historic Courthouse Renovation Project with Emmett Sapp Builders for change in scope of work for voluntary bid alternates to supply temporary power and water (Staff recommends approval). This deductive change order in the amount of ($30,200.00) is for the deletion of owner provided temporary power of $28,000 and deletion of owner provided temporary water of $2, e-S.pdf 6. Contract Change Order #3 for the 1988 Sumter County Jail Renovation Project with Emmett Sapp Builders for deletion of Area "H" (Staff recommends approval). This deductive change order in the amount of ($52, ) is for the deletion of Area "H" which includes all construction related to the security gate system and security fencing between the Judicial Center and the Jail. This change was requested by the Sumter County Sheriff's Office e-6.pdf 7. Extension Agreement between Sumter County and Kessler Consulting, Inc. for Solid Waste Annual Reporting (Staff recommends approval). This will extend the agreement set to expire on April 12, 2013 until April 11, e-7. pdf Page 13 of 16

14 8. CSX Preliminary Engineering Agreement for New Surface Crossing CSX on C462 (Staff recommends approval). This is related to the design and permitting phase of the CSX rail crossing at C462 from US301 to C466A. This Preliminary Engineering Agreement between CSX Transportation, Inc. (CSXT) and the County is required for the design of the rail crossing at an estimated cost of $30,000. Any budget remaining from the design of the rail crossing will be applied to the construction of the crossing. A separate agreement will be prepared for the construction work e-B.pdf 9. Approve State Homeland Security Grant Program Agreement (Staff recommends approval). The Florida Division of Emergency Management has awarded Sumter County $17,750 in State Homeland Security Grant Program funds to be used toward Emergency Management training. This Agreement accepts the Grant and acknowledges that the funds will be used for the sole purpose of training e-9.pdf 10. Special Needs Information Registry (SPIN) contract (Staff recommends approval). This contract is with TEAM Simulations, LLC with a termination date of September 30, e-1 O.pdf Page 14 of 16

15 11. Award and enter into contract with M & J Construction Company of Pinellas County, Inc. for ITB /AT Soi.Jth County Canal Cross Over Repairs for the base bid only and reject Bid Alternate 1 and Bid Alternate 2 and authorize County Administrator to sign Notice to Proceed at a later date (Staff recommends approval). ITB /AT- South County Canal Cross Over Repairs was broadcast on Bids were due on at 11:00 a.m. and were opened at 11:05 a.m. at The Villages Sumter County Service Center in Wildwood. One bid was received from M & J Construction Company of Pinellas County, Inc. as follows: Base Bid - $233,998.00; Bid Alternate No. 1 - $40,500.00; and Bid Alternate No. 2 - $29, The Selection Committee recommended the Board award and enter into contract with M & J Construction Company of Pinellas, Inc. for the Base Bid only and reject Bid Alternate 1 and Bid Alternate 2 and authorize the County Administrator to sign the Notice to Proceed at a later date e-11.pdf; e-11-Contract-NOA-NTP.pdf; e-11- ITB.pdf; e-11-M&J Con Proposal.pdf; e-11-AMEC.pdf Commissioner Breeden moved, with a second by Commissioner Butler, to approve Agenda Items 1 through 11 under Contracts and Agreements. The motion carried unanimous! 5-0. f. GENERAL ITEMS FOR CONSIDERATION 1. Approve Villages of Sumter (VOS) - Unit 188 Final Plat (Staff recommends approval) VOS - Unit Proposed development of a 70 lot subdivision and related infrastructure on acres MOL in The Villages f-1.pdf 2. Approve Villages of Sumter (VOS) - Unit 203 and Unit 235H Final Plats (Staff recommends approval). VOS - Unit Proposed development of a 159 lot subdivision and related infrastructure on acres MOL in The Villages f-2-Unit 203.pdf Page 15 of 16

16 VOS - Unit 235H - Proposed development of a 75 lot/2 tract subdivision and related infrastructure on acres MOL in The Villages f-2-Unit 235H.pdf 3. Certificate of Public Convenience and Necessity (COPCN) for Florida Health Sciences Center; Inc., dba Tampa General Hospitai/Aeromed (Staff recommends approval). Florida Health Sciences Center, Inc. dba Tampa General Hospitai/Aeromed is in partnership with Air Methods dba Rocky Mountain Holdings LLC. This COPCN is for the ALS Flight Program located at 6450 CR135, Wildwood f-3.pdf Commissioner Burgess moved, with a second by Commissioner Hahnfeldt, to approve Agenda Items 1 through 3 under General Items for Consideration. The motion carried unanimously ADJOURN The meeting was adjourned at 5:55p.m. ATTEST: BOARD OF COUNTY COMMISSIONERS SUMTER COUNTY, FLORIDA By GLORIA R. HAYWARD CLERK & AUDITOR By DOUG GILPIN CHAIRMAN Page 16 of 16