OSCEOLA COUNTY Commission Chambers 1 Courthouse Square, Suite 4100 Kissimmee, Florida, 34741 www.osceola.org Board of Commissioners John Quiñones, Chairman Michael Harford, Vice Chairman Brandon Arrington, Commissioner Frank Attkisson, Commissioner Fred Hawkins, Jr., Commissioner Don Fisher, County Manager Andrew Mai, County Attorney Horace Nwachukwu, Commission Auditor Pledge of Allegiance REGULAR MEETING 03/12/2012-1:30 PM Agenda Invocation - Father Percival De Vera with Holy Redeemer Catholic Church 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. Proclamations Proclamations 1. A Proclamation declaring March 2012, as March for Meals Month in Osceola County, Florida. The Proclamation will be presented to Wilda Belisle, Meals on Wheels Director, by Chairman Quiñones. 2. A Proclamation declaring the week of March 24, 2012, through March 29, 2012, as 4-H Leadership and Citizenship Days, in Osceola County, Florida. Brittany Avant, 4-H Youth Leadership Team Member, will be present to accept the Proclamation.
3. A Proclamation declaring March 2012, as Women s History Month, in Osceola County, Florida. Jena Threadgill, Associate Editor of the Osceola Woman Newspaper, will be present to accept the Proclamation. Hear the Audience 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 the Commission Ambassadors. 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. Presentations Presentations 4. Economic Development update by Michael Schiffhauer, Field Operations and European Trade Development, Enterprise Florida. 5. Legislative update by Maria Grulich Toumazos, Economic Development Administrator. 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. Sheriff's Office 6. Approval to expend Law Enforcement Trust funds to support the Osceola County Young Men's Christian Association teen memberships; $10,000. Community Development Administration 7. Adoption of Resolution #12-024R, endorsing the regional Transportation Investment Generating Economic Recovery (TIGER IV) grant application for pedestrian safety projects. Public Works Administration 8. Approval and authorization for the Chairman/Vice Chairman to sign the Interlocal Agreement with the Tohopekaliga Water Authority (TWA) for the construction of TWA utility infrastructure within the Poinciana Boulevard, Phase III, Widening Project from approximately 3,800' south of Cumbrian Lakes Drive north to Oren Brown Road.
9. Approval and authorization for the County Manager to sign a letter of support for the Community Traffic Safety Team submittal applications for eight sidewalk projects for the Safe Routes to Schools Infrastructure Grant Program provided by the Florida Department of Transportation. 10. Permission to advertise a public hearing, to be held on Monday, April 09, 2012, at 1:30 p.m., to consider a solid waste franchise renewal application by Container Rental Company Incorporated, for the collection and transfer of commercial solid waste. 11. Permission to advertise a public hearing, to be held on Monday, April 09, 2012, at 1:30 p.m., to consider a solid waste franchise renewal application by Veolia ES Solid Waste Southeast Incorporated, for the collection and transfer of commercial solid waste. 12. Approval and authorization for the Chairman/Vice Chairman to sign a cooperative agreement with Home Depot USA Incorporated, for procurement of maintenance, repair, and operating supplies Countywide in accordance with Maricopa County, a political subdivision of the State of Arizona Term Contract; 11019-RFP; administered by the United States Communities Government Purchasing Alliance for the period beginning from the date this Agreement is signed by the County through July 31, 2014 (PBA #12-2367-DW); estimated expenditures shall not exceed $150,000 annually, for a total not to exceed amount of $350,000. 13. Approve an increase of expenditures to the agreement with Lowes Home Centers Incorporated, from $50,000 to $150,000 for Fiscal Year (FY) 2012, and from $50,000 to $150,000 for FY 2013, for a total not to exceed amount of $300,000 for the term of this agreement. All terms and conditions of the original agreement approved by the County Manager on October 25, 2011, shall remain the same through September 30, 2013 (PBA #12-2319-DW). 14. Approve expenditures with Craftmaster Hardware Company Incorporated; Hilti Incorporated; Osceola Paint and Supply Company Incorporated; Plumbmaster Incorporated; and Total Maintenance Solutions South Incorporated, for the award to provide industrial materials and supplies on an as needed basis through the use of annual blanket purchase orders for the period beginning upon signature by the County and continuing through March 15, 2015 (A/R #12-2243-DW); estimated cumulative expenditures shall not exceed $285,000 annually, for a total not to exceed amount of $855,000. 15. Approval and authorization for Chairman/Vice Chairman to sign Amendment #5 to the service agreement with United States Service Industries Incorporated, for Countywide janitorial services to amend Exhibit B to increase services effective November 01, 2011, at the Emergency Operations Center and the West Osceola Branch Library; to decrease services effective December 01, 2011, at The Kenansville Library, 320 North Beaumont Avenue and Stadium Place 1, Health Department; and to extend the term of the agreement through June 30, 2012, (RFP #07-248-LM); the cumulative total amount shall increase by $211,582.52 from $3,240,750.63 to $3,452,333.15.
Community Development Consent NO ITEMS County Attorney's Office Public Hearings 16. ORDINANCE #12-07: AN ORDINANCE OF THE OSCEOLA COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO SECONDARY METALS RECYCLERS; AMENDING CHAPTER 13, ARTICLE V, OSCEOLA COUNTY CODE, ENTITLED DEALERS IN SCRAP METAL, SECONDHAND GOODS, JUNK, ETC.; AMENDING THE REQUIREMENTS FOR SECONDARY METALS RECYCLERS; PROVIDING DEFINITIONS; PROVIDING FOR LIMITATIONS ON CASH TRANSACTIONS FOR CERTAIN TYPES OF RESTRICTED REGULATED METALS; PROVIDING A LIST OF RESTRICTED REGULATED METALS; REQUIRING ADDITIONAL OWNERSHIP DATA BE PRESENTED IN A SALE OF RESTRICTED REGULATED METALS; PROVIDING FOR INFORMATION SHARING; REQUIRING ELECTRONIC TRANSACTION RECORD OF ALL PURCHASES; REQUIRING THE SECONDARY METALS RECYCLER TO MAINTAIN OR HAVE IMMEDIATE ACCESS TO A FACSIMILE OR SIMILAR EQUIPMENT; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 17. ORDINANCE #12-09: AN ORDINANCE OF OSCEOLA COUNTY, FLORIDA, RELATING TO PAIN MANAGEMENT CLINICS; AMENDING SECTION 14-112, MORATORIUM, AND SECTION 14-115, STAFF REPORT, OF ARTICLE VI., PAIN MANAGEMENT CLINICS, OF CHAPTER 14, MISCELLANEOUS PROVISIONS AND OFFENSES, OF THE OSCEOLA COUNTY CODE TO EXTEND A MORATORIUM ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR NEW PAIN MANAGEMENT CLINICS FOR A PERIOD OF SIX MONTHS AND TO REFLECT REVISED DATES FOR STAFF RECOMMENDATION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE. Community Development Administration 18. ORDINANCE #12-06: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA; REPEALING AND REPLACING CHAPTER 1 OF THE OSCEOLA COUNTY LAND DEVELOPMENT CODE, ENTITLED INTRODUCTION; AMENDING CHAPTER 2, SECTION 2.4, ENTITLED THE PLANNING COMMISSION AND BOARD OF ADJUSTMENT;
AMENDING CHAPTER 2, SECTION 2.5, ENTITLED FUNCTIONS, CONSIDERATIONS, DECISIONS, AND AUTHORITY OF THE PLANNING COMMISSION; AMENDING CHAPTER 2, SECTION 2.6, ENTITLED FUNCTIONS, CONSIDERATIONS, DECISIONS AND AUTHORITY OF THE BOARD OF ADJUSTMENT; AMENDING CHAPTER 2, SECTION 2.8, ENTITLED ESTABLISHMENT OF THE TECHNICAL REVIEW STAFF; AMENDING CHAPTER 3, SECTION 3.01.03, ENTITLED ADMINISTRATION AND INTERPRETATION; AMENDING CHAPTER 6, SECTION 6.13, ENTITLED VARIANCE; AMENDING CHAPTER 8, SECTION 8.2, ENTITLED PROCEDURES FOR SECURING APPROVAL OF PLATS, MINOR SUBDIVISIONS, BUILDING PERMIT ISSUANCE AND PLAT VACATION; AMENDING CHAPTER 13, SECTION 13-2, ENTITLED CLASSIFICATION SYSTEM AND STANDARDS; AMENDING CHAPTER 13, SECTION 13-11, ENTITLED VARIANCES; AMENDING CHAPTER 14, SECTION 14.24, ENTITLED PLANNED DEVELOPMENT; AMENDING CHAPTER 14, SECTION 14.81, ENTITLED PUBLIC SCHOOL SITING AND COMPLIANCE STANDARDS; CREATING CHAPTER 14, SECTION 14.83, TO BE ENTITLED PROPERTIES CONTAINING TWO OR MORE ZONING DISTRICTS; CREATING CHAPTER 14, SECTION 14.84, TO BE ENTITLED REQUIRED ACCESSORY USES; CREATING CHAPTER 14, SECTION 14.85, TO BE ENTITLED REGULATIONS ENCUMBERING LAND; AMENDING CHAPTER 14, TABLE 14.1, ENTITLED COMPLIANCE REVIEW FOR PUBLIC SCHOOLS; AMENDING CHAPTER 20, SECTION 20.3, ENTITLED VESTED RIGHTS DETERMINATION APPLICATION PROCEDURES; REPEALING SPECIAL ACT CHAPTER 67-1849, LAWS OF FLORIDA, RELATING TO OSCEOLA COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 19. ORDINANCE #12-03: AN ORDINANCE OF OSCEOLA COUNTY, FLORIDA, AMENDING CHAPTER 14, ZONING, OF THE OSCEOLA COUNTY LAND DEVELOPMENT CODE, BY CREATING SECTION 14.82, TO BE ENTITALED NARCOOSSEE COMMUNITY OVERLAY, A PLANNING, ZONING, AND REGULATORY OVERLAY DISTRICT TO INCLUDE DESIGN AND PERFORMANCE GUIDELINES FOR THAT AREA OF THE COUNTY REFERRED TO AS THE NARCOOSSEE COMMUNITY BEING THAT AREA FROM EAST LAKE TOHOPEKALIGA TO THE WEST BORDER OF THE NORTH EAST MIXED-USE DISTRICT, APPROXIMATELY ONE MILE EAST OF COUNTY ROAD 15 FROM HAYWOOD RUFFIN ROAD TO EAST 10TH STREET, APPROXIMATELY ONE-HALF MILE WEST OF COUNTY ROAD 15, FROM THE OSCEOLA-ORANGE COUNTY LINE SOUTH TO RUMMELL ROAD; PROVIDING FOR AN ENHANCED ADMINISTRATIVE WAIVER PROVISION AND THE INSTALLATION OR ALTERNATIVE FUNDING FOR THE NARCOOSSEE OVERLAY REQUIRED RIGHT-OF-WAY AND INFRASTRUCTURE IMPROVEMENTS; AND PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Commission District: 5 Staff Recommendation: Approval PC Action: Approval (NOTE: This is the first of two public hearings. The second public hearing for adoption will
be held on March 19, 2012.) Public Works Administration 20. Approval and authorization for the Chairman/Vice Chairman to sign a Franchise License agreement with Celebration Sanitation Services, LLC, for commercial and industrial use only, for a term of five years. Regular NO ITEMS Reports Constitutional Officers and Governmental Agencies/Other Departments/Divisions County Administration 21. Comprehensive Annual Financial Report for the fiscal year ending September 30, 2011. Commission Auditor 22. Approval of the Fiscal Year 2011/2012 Work Plan of the Office of Commission Auditor. County Attorney County Manager 23. Announcement of the meeting schedule for the fourth Monday in March 2012. 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. 24. Appointment to reappoint/replace Robert Dwyer, Advocate for Low-income Persons category, whose term expired December 31, 2011. Community Development Block Grant Advisory Task Force 25. Appointment to replace Margaret Brown, District 1 position, whose term expired December 31, 2011. 26. Appointment to replace Jean Olson, District 4 position, whose term expired December 31, 2011. 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. 27. Appointment to reappoint/replace Scott D. Stewart, "Business" category, whose term expired on March 03, 2012. 28. Appointment to replace Jim Macky, "Engineer" category, whose term expired on March 03, 2012. Enterprise Zone Development Agency Board 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. 29. Appointment to reappoint/replace Myriam Travieso, Local Private Industry Council or Workforce Development Board, whose term expired December 31, 2011. 30. Appointment to replace Mark Thimming, Non-profit Community Based Organization Within Zone, whose term expires December 31, 2012. 31. Appointment to replace Janice Lopez, Local Chamber of Commerce, whose term expires
December 31, 2013. 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. 32. Appointment to reappoint/replace Peter Matt, District 2, whose term expired December 31, 2011. Parks and Recreation Committee This Committee consists of fourteen voting members and three non-voting members. The membership includes one appointment for each County Commission District; five at-large positions; representatives from the City of Kissimmee, the City of St. Cloud, the Osceola County School Board, and the Bike Path Committee. The non-voting members include the Director of the Parks and Recreation Office, a representative from the Osceola County Planning Office, and a Parks and Recreation employee to act as the Recording Secretary. 33. Appointment to District 2, whose term expired December 31, 2009. Tohopekaliga Water Authority Board of Supervisors 34. Appointment to replace John E. Moody, who resigned, whose term expires September 30, 2014. County Administration 35. Long Range Agenda. For Information 36. The Clerk of the Board has received for the record, pursuant to Resolution #08-065R,which allows for the County Manager to approve various contracts up to $100,000 in value, an Exhibitor Application and Contract with the Christian Leadership Alliance, signed by the County Manager Designee on November 26, 2008; $1,575. 37. The Clerk of the Board has received for the record, notification on March 02, 2012, that Ordinance #12-02, relating to amendment of the Osceola County Comprehensive Plan; providing for adoption of small scale Comprehensive Plan Amendment CPA11-0006, Iglesia Cristiana Renuevo Incorporated (Applicant and Owner); providing for a change in the future land use map designation from low density residential to commercial; and Ordinance #12-04, relating to boundaries of notification areas; amending portions of Osceola County Land Development Code, Chapter 2, Section 2.9, entitled Zoning Map Amendments (including preliminary concept plans and detailed concept plans for planned developments); amending
the zoning map amendment notification requirements for adjacent property owners were filed with the Bureau of Administrative Code on February 24, 2012. Adjournment In accordance with Florida Statutes, Chapter 286.0105, 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.