OSCEOLA COUNTY. Commission Chambers 1 Courthouse Square, Suite 4100 Kissimmee, Florida, REGULAR MEETING 01/12/2015-1:30 PM
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1 OSCEOLA COUNTY Commission Chambers 1 Courthouse Square, Suite 4100 Kissimmee, Florida, Board of Commissioners Brandon Arrington, Chairman Viviana Janer, Vice Chairman Michael Harford, Commissioner Cheryl Grieb, Commissioner Fred Hawkins, Jr., Commissioner Don Fisher, County Manager Andrew Mai, County Attorney Horace Nwachukwu, Commission Auditor REGULAR MEETING 01/12/2015-1:30 PM Agenda Invocation by Pastor Alden Wightman, from Amazing Grace Baptist Church. Pledge of Allegiance Approval of Agenda The Commission will approve an agenda which sets the order of the meeting. This approval could include an addendum representing new items, additions, corrections, and/or deletions of existing items as submitted by the Clerk of the Board. Recognition Recognition 1. Presentation to the Employee of the Year for Hear the Audience
2 Citizens wishing to address any item on the agenda during this portion of the meeting should complete a Request to Speak form and submit it to the Clerk of the Board prior to the commencement of the meeting. These forms are available from County Staff. Comments will be limited to three minutes. The Commissioners will not vote on any item during this portion of the meeting, but at their discretion issues can be placed on the agenda for a vote at a later time. Consent Agenda The Consent Agenda is a technique designed to expedite the handling of routine and miscellaneous business of the County Commission. The County Commission in one motion may adopt the entire Consent Agenda. The motion for adoption is non-debatable and must receive unanimous approval. By request of any Board Member, an item may be removed from the Consent Agenda for discussion. County Administration 2. Approval and authorization for the Chairman/Vice Chairman to sign the Disbursement - Warrant Report, which shows the total of all checks, drafts, wire transfers, and transfers between depository accounts issued from the various bank accounts of the County for the months of October 2014 and November Section , Florida Statutes requires the County to record in the minutes the total amounts of withdrawals of funds from depositories; direct deposit; and transfer of funds made for any and all purposes. 3. Approval and authorization for the Chairman/Vice Chairman to sign the funding agreement with Habitat for Humanity of Osceola County Incorporated, for Fiscal Year 2014/2015, for providing affordable housing projects for approximately 10 homeless families; $240, Approval to waive the competition requirement, pursuant to Section of the Osceola County Administrative Code, and authorize the County Manager to negotiate and sign agreements with various firms to provide local and State lobbying services, on an as needed basis. Corrections Department 5. Approval and authorization for the Chairman/Vice Chairman to sign Amendment #1 to the Memorandum of Agreement #A3332 with the Florida Department of Corrections, for the purpose of delivering inmates which were committed by order of the Court to the Department of Corrections, to the closest Florida Department of Corrections Reception Center. Community Development Administration 6. Adoption of Resolution #15-002R for RV , in consideration of a petition by Robert Jenkins, approving a road vacation of a 40' unimproved platted road right-of-way, Willis Avenue, delineated on the Plat of the New Town of Narcoossee, as recorded in Plat Book 1, Page 73, of the Public Records of Osceola County, Florida.
3 7. Adoption of Resolution #15-003R for PV , in consideration of a petition by John Rohde, as manager of John Rohde, LLC, to vacate a portion of the plats of High Prairie Section A, as recorded in Plat Book 1, Page 126, of the public Records of Osceola County, Florida, and High Prairie Section B, as recorded in Plat Book 1, Page 125, of the public Records of Osceola County, Florida. 8. Adoption of Resolution #15-004R for EV , in consideration of a petition by The Ryland Group Incorporated, to vacate a portion of the drainage and maintenance easement, delineated on the Plat of Lancaster Park East, lying within Section 4, Township 26 South, Range 31 East, Osceola County, Florida, as recorded in Official Records 1559, Page 2690, of the Public Records of Osceola County, Florida. 9. Adoption of Resolution #15-008R, which approves a Partial Waiver and Release of Lien regarding the Nova Road Development, LLC, agreement. 10. Approval and authorization for the Chairman/Vice Chairman to sign the plat of FS , Stoneybrook South Phases I-1, and J Approval and authorization for the Chairman/Vice Chairman to sign the plat of FS , Paradise Palms Resort Phase 1B. 12. Approval of the request by the property owner for a reduction of the Code Enforcement Lien recorded against the property located at 4519 West Irlo Bronson Memorial Highway, from the amount of $227,750 to $10,177, which is adequate to cover the County expenses, payable within 30 days, as was recommended by the Code Enforcement Board. The owner of said property at the time of the lien was John T. Jensen and Mary M. Jensen. Said Lien is recorded in Official Records Book 4654, Pages 2668 through Approval of the request by the property owner for a reduction of the Code Enforcement Lien recorded against the property, Parcel # G-0030, located at Gardner Lane, from the amount of $8,750 to $1,213.50, which is adequate to cover the County expenses, payable within 30 days. The owner of said property at the time of the lien was Bernard J. Martin, Trustee. Said Lien is recorded in Official Records Book 4488, Pages 2183 through Approval of the request by the property owner for a reduction of the Code Enforcement Lien recorded against the property located at 3283 Oxford Drive, from the amount of $113,250 to $3,388, which is adequate to cover the County expenses, payable within 30 days. The owner of said property at the time of the lien was Yeager and Bartleymay, LLC. Said Lien is recorded in Official Records Book 4707, Pages 2079 through Approval of the request by the property owner for a reduction of the Code Enforcement Lien recorded against the property located at 750 North Narcoossee Road, from the amount of $115,250 to $3,578, which is adequate to cover the County expenses, payable within 30
4 days. The owner of said property at the time of the lien was SSZ Associates, LLC. Said Lien is recorded in Official Records Book 4709, Pages 2353 through Approval and authorization for the Chairman/Vice Chairman to sign the Joint Use Agreement with the State of Florida Department of Transportation, for the SunRail, Phase II Stations. 17. Adoption of Resolution #15-009R, amending the Fiscal Year 2015 budget and appropriating funds as detailed in Budget Supplement BA #15-018, to provide $1,000,000 to be utilized as promotional/incentive dollars in securing future long-term contractual special event bookings at Osceola Heritage Park. 18. Adoption of Resolution #15-010R, creating new Chapter 11, of the Administrative Code, to establish a uniform method for Code Enforcement Lien Reduction requests. Public Works Administration 19. Approval and authorization for the Chairman/Vice Chairman to sign Amendment #2 to the professional services agreement with Clemons, Rutherford, and Associates Incorporated, to increase expenditures for architectural and engineering services for the development of the Osceola County Sheriff s Training Facility at the new site (PS # RJ); expenditures will increase by $513, for a new total not to exceed $1,366, Approval and authorization for the Chairman/Vice Chairman to sign Amendment #1 to the service agreement with Plexi-Chemie Incorporated, doing business as Industrial Flooring Specialists, for epoxy floor covering service, to increase the annual not to exceed amount by $90,000 annually, on an as-needed basis for the period which began February 03, 2014, and continues through February 02, 2017 (A/R # DG); estimated expenditures shall not exceed $150,000 annually, for a not to exceed amount of $450,000. Strategic Initiatives 21. Approval to waive completion requirements and authorization for the County Manager to sign the service agreement with Osceola Legislative Effort Incorporated (OLE), for joint legislative efforts through December 31, 2015; estimated expenditures shall not exceed $80,000. Community Development Consent/Public Hearing All of these items will be approved as recommended by the Planning Commission (PC) action in a single public hearing, with one motion by the County Commission. Any citizen has the right to request an item be removed for discussion, comment, and/or consideration during a separate public hearing.
5 Planning and Zoning 22. Adoption of Ordinance # : An Ordinance of the Board of County Commissioners of Osceola County, Florida, repealing and replacing Chapter 3, Article 3.12, Narcoossee Community Development Intent and Standards, of the Osceola County Land Development Code; providing for severability; providing for conflict; and providing for an effective date. PC Action: Adoption of Ordinance # NOTE: The first public hearing of the Board was held on December 15, 2014, which resulted in the approval to move Ordinance # , as amended with the revised legal description, to the second public hearing. This is the second of two required public hearings. 23. Adoption of Ordinance # for ZMA : An Ordinance of the Board of County Commissioners of Osceola County, Florida, changing the zoning designation from Residential Single Family (RS-2) to Low Density Residential (LDR), on certain real property generally located on the west side of Eastern Avenue, south of East Irlo Bronson Memorial Highway, and east of Delaware Avenue; and comprised of approximately.37 acre, more or less; amending the official zoning map; providing for correction of scrivener's errors; providing for severability; providing for conflict; and providing for an effective date. Charles N. Gross III- Snow Construction Incorporated (Applicant\Owner) Commission District: 5 Staff Recommendation: Adoption of Ordinance # PC Action: The Planning Commission recommendation of January 08, 2015, will be presented to the Board at the meeting on January 12, Adoption of Ordinance # for ZMA : An Ordinance of the Board of County Commissioners of Osceola County, Florida, changing the zoning designation from Residential Multi-Family-Two (RM-2) to Residential Professional Business (RPB), on certain real property generally located on the west side of Pleasant Hill Road, south of Marsh Road, and north of South Orange Blossom Trail, comprised of approximately 1.48 acres, more or less; amending the official zoning map; providing for correction of scrivener's errors; providing for severability; providing for conflict; and providing for an effective date. Moheidin Hanafi (Applicant\Owner) Commission District: 1 Staff Recommendation: Adoption of Ordinance # PC Action: The Planning Commission recommendation of January 08, 2015, will be presented to the Board at the meeting on January 12, Adoption of Resolution #15-001R, for DRI , to rescind the Development Order for the Celebration Development of Regional Impact, consistent with Florida Statutes, consisting of approximately 4, acres of land, generally located north and south of Interstate Four, south of West Irlo Bronson Memorial Highway, east of North Old Lake Wilson Road, and west of Holiday Trail. The Celebration Company (Applicant and Owner) Commission District: 1 Staff Recommendation: Approval, subject to the effective date PD becomes final and not subject to appeal.
6 PC Action: The Planning Commission recommendation of January 08, 2015, will be presented to the Board at the meeting on January 12, PD : Celebration PD Amendment to amend and restate the previously approved Celebration Planned Development (PD ) to delete reference to the Development of Regional Impact, Development Order (DO), incorporate certain conditions from the DO, and include an addendum to the existing Developers Agreement. The subject property is approximately 4,842 acres, and is generally located north and south of Interstate Four, south of West Irlo Bronson Memorial Highway, east of North Old Lake Wilson Road, and west of Holiday Trail. The Celebration Company and Reedy Creek Improvement District (Applicants and Owners) Commission District: 1 Staff Recommendation: Approval, subject to Special Conditions. PC Action: The Planning Commission recommendation of January 08, 2015, will be presented to the Board at the meeting on January 12, Approval and authorization for Chairman/Vice Chairman to sign the Addendum to the 1994 Celebration Development Agreement with the Celebration Company. Staff Recommendation: Approval, subject to the effective date of the Rescission Resolution #15-001R. Community Development Administration Public Hearings 28. Adoption of Ordinance # for ZMA : An Ordinance of the Board of County Commissioners of Osceola County, Florida, changing the zoning designation from Rural Development-Two Acres (R-2) to Low Density Residential (LDR) on certain real property generally located on the east side of North Narcoossee Road, between North Kaliga Drive and John David Road, and comprised of approximately 3.88 acres, more or less; amending the official zoning map; providing for correction of scrivener's errors; providing for severability; providing for conflict; and providing for an effective date. Robert P. Jenkins (Applicant) Robert P. Jenkins and Bronwyn R. Jenkins (Owners) Commission District: 5 Staff Recommendation: Adoption of Ordinance # PC Action: Adoption of Ordinance # (NOTE: This item was continued from the October 20, 2014, Board meeting.) 29. Adoption of Ordinance # : An Ordinance of the Board of County Commissioners of Osceola County, Florida, amending Chapter 9, creating Article III, Sections 9-81 through 9-94, Fertilizer Management, of the Osceola County Code of Ordinances; regulating commercial application of fertilizer to urban landscapes in Osceola County; providing for
7 conflict; providing for severability; providing for inclusion in the Code of Ordinances; and providing for an effective date. Commission District: Countywide Staff recommendation: Adoption of Ordinance # Approval and authorization for the Chairman/Vice Chairman to sign the Order Directing Demolition of an unsafe structure located at 3135 Dasha Palm Drive, Kissimmee, Florida, 34744, (BCT ), legally described as Lot 39, Raintree at Spring Lake Village, Phase 1A, according to the Plat Book 18, Pages 157 through 164, of the Public Records of Osceola County, Florida. Owner of said property is Luis Olivier. Regular - NO ITEMS Reports Constitutional Officers and Governmental Agencies/Other Departments/Divisions Commission Auditor County Attorney County Manager 31. Osceola County 2015 Legislative Priorities discussion. Commissioners Affordable Housing Advisory Committee Committee Appointments The membership shall include: one citizen actively engaged in the residential home building industry in connection with affordable housing; one citizen actively engaged in the banking, or mortgage banking industry in connection with affordable housing; one citizen who is a representative of those areas of labor actively engaged in affordable home building; one citizen actively engaged as a forprofit provider of affordable housing; one citizen actively engaged as a not-for-profit provider of affordable housing; one citizen who is a real estate professional in connection with affordable housing; one citizen who actively serves on the local planning agency pursuant to Florida Statutes, Chapter 163; one citizen who resides within Osceola County; one citizen who represents employers within Osceola County; and one citizen who represents essential services personnel, as defined in the Osceola County LHAP.
8 32. Appointment to replace Domingo Sanchez, "Home Building Industry related to Affordable Housing", whose term expired December 31, Appointment to reappoint/replace Aamir Khan, "Representative of the Essential Services Personnel in Osceola County", whose term expired December 31, Appointment to replace Viviana Janer, "Citizen of Osceola County", who resigned, whose term expires December 31, Appointment to replace Arturo Otero, "Employers in Osceola County", who resigned, whose term expires December 31, Appointment for a "Real-Estate Professional Associated with Affordable Housing" position, whose term expired December 31, 2014, and is vacant. Board of Adjustment The members of the Board of Adjustment shall be knowledgeable in the field of Comprehensive Planning and shall be familiar with the Osceola County Comprehensive Plan, the Land Development Code, and other applicable regulations. This Board is composed of seven members one of which will be appointed from each Commission District and two members being appointed as at-large positions. 37. Appointment to reappoint/replace Barbara Hadley, "District 3", whose term expired December 31, Appointment to reappoint/replace Donna Aiken, "District 5", whose term expired December 31, Community Development Block Grant Advisory Task Force 39. Appointment to replace Carmen Carrasquillo, "District 2", whose term expires December 31, Code Enforcement Board The Board shall consist of seven members who shall be residents of the County and who shall be appointed by the County Commission on the basis of experience or interest in the subject matter. The membership of the Board shall, whenever possible, consist of the following: Architect, Realtor, Businessman, General Contractor, Engineer, Subcontractor. 40. Appointment for an "Alternate" position. Enterprise Zone Development Agency Board
9 This 11 member Board shall consist of four candidate recommendations by the City of Kissimmee for appointment by the County Commission; plus four member appointments by the County Commission; and three additional members shall be appointed to fill at-large positions. Categories for this membership include, a Business Operator, a Resident, a local Financial or Insurance Agency representative, local Law Enforcement personnel, local Code Enforcement personnel, Private Industry Council or Workforce Development Board, non-profit community based organizations, local Chamber of Commerce, and three additional appointments from any of the eight categories. The County Commission will appoint a Chairperson and Vice Chairperson from among the Commissioners and they will serve in that capacity for the duration of their term unless the County decides otherwise. The terms of each Commissioner shall be four years, except for the initial term as established. 41. Appointment to replace Jacqueline R. Hunter, Resident residing within the Zone, whose term expired December 31, Fire and Rescue Advisory Board This Commission consists of seven members: one Fire Commissioner being appointed from each County Commission District and two Fire Commissioners serving in at-large positions. 42. Appointment to reappoint/replace Paul Riccardi, "District 1", whose term expired December 31, Appointment to replace Suzan Vis, "District 3", whose term expired December 31, Appointment to reappoint/replace Grant Everage, "District 5" position, whose term expired December 31, Appointment to a vacant, "At Large" position, whose term expired December 31, Homeless Advisory Board This Board is to provide for participation in the planning, development, implementation, and assessment of Osceola County's homeless advocacy efforts pursuant to Federal Register Rules and Regulations. Each member must be and continue to be a resident of Osceola County throughout their membership on the Advisory Board. 46. At-large representative who is, or formerly was, homeless. 47. At-large representative from a local non-profit agency dealing with homeless. Housing Finance Authority This Authority consists of five residents of the County who shall be knowledgeable in one of the following fields: Labor, Finance, or Commerce.
10 48. Appointment to reappoint/replace Casmore Shaw, whose term expired December 31, Land Conservation Advisory Board This Advisory Board consists of a total of nine members who shall be residents of the County throughout their term and who shall be appointed on the basis of experience. The City of Kissimmee and the City of St. Cloud shall each nominate one member for appointment consideration. The membership shall have expertise in the following categories: Conservation of Natural Resources, Ecology, Ecotourism, or Environmental Education, Land Appraisal, Land Management, and Real Estate or Land Acquisition. 49. Appointment to reappoint/replace Michael Crikis, "Environmental Interest", whose term expired December 31, Appointment to reappoint/replace Gary Suhl, "Agriculture", whose term expired December 31, Appointment to reappoint/replace Casmore Shaw, "Civic Organization", whose term expired December 31, Library Advisory Board This Board consists of seven members, one appointment from each of the five County Commission Districts; and two at-large members. The membership should consist of one member of the Friends of the Library group and one member of the Osceola County Bar Association. 52. Appointment to replace Jeffrey (Scott) Mousseau, who has termed out, "District 3", whose term expired December 31, Appointment to reappoint/replace Mary Tumbleson, "District 5", whose term expired December 31, Planning Commission The members of the Planning Commission shall be knowledgeable in the field of Comprehensive Planning and shall be familiar with the Osceola County Comprehensive Plan, the Land Development Code, and other applicable regulations. This Commission is composed of 10 members, two being appointed from each County Commission District. 54. Appointment to replace Luis Jimenez, "District 2", whose term expired December 31, For Information
11 County Administration 55. Long Range Agenda. 56. Announcement of the January 26, 2015, 9:00 a.m., Board of County Commissioners Retreat/Strategic Planning session to be held in Conference Room # The Clerk of the Board has received for the record, from the Florida Public Service Commission, Order #PSC PAA-GU, Notice of Proposed Agency Action Order Approving Depreciation Rates and Recovery Schedules for Florida Public Utilities Company, issued on December 18, 2014, in reference to the 2014 depreciation study by Florida Public Utilities Company. 58. The Clerk of the Board has received for the record, the St. Johns River Water Management District Governing Board meeting schedule for Procurement Services has submitted for the record, the contracts, task orders, and/or amendments approved and signed by the County Manager, or designee; a list of all scheduled Evaluation Committee meetings to review proposals submitted in response to solicitations; a list of Board approved contracts that may be renewed within the next six months; and a list of Emergency Procurements issued. Adjournment In accordance with Florida Statutes, Chapter , any person wishing to appeal a decision made by the Board of County Commissioners with respect to any matter considered at such a meeting or hearing, will need a record of the proceedings. For such purposes he or she may need to ensure that a verbatim record of the proceedings is made, which may include the testimony and evidence upon which the appeal is based.
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