Board of Commissioners Brandon Arrington, Chair Fred Hawkins, Jr., Vice Chair Peggy Choudhry, Commissioner Viviana Janer, Commissioner Cheryl L. Grieb, Commissioner OSCEOLA COUNTY Commission Chambers 1 Courthouse Square, Suite 4100 Kissimmee, Florida, 34741 www.osceola.org Don Fisher, County Manager Andrew Mai, County Attorney Horace Nwachukwu, Commission Auditor MEETING 08/07/2017-1:30 PM Agenda Invocation by Deacon Ramon Smith, with Holy Redeemer Catholic 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. Recognitions Presentations/Recognitions 1. Special Presentation by Chairman Arrington. 2. Presentation of the Employee of the Month for August 2017. 3. Presentation of County employees who will celebrate a milestone anniversary of 10, 15, and 20 years of service with Osceola County, during the month of August 2017. 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 County Staff. Comments will be limited to three minutes. Page 1
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. Proclamations NO ITEMS 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 4. Approval of the following minutes: May 01, 2017, 1:30 p.m.; and June 19, 2017, 5:30 p.m. 5. Adoption of Resolution #17-070R, approving an amendment to the 2016/2017 fiscal year budget, as per BA #17-030 for the Antiterrorism and Emergency Assistance Program (AEAP); and authorization for the Chair/Vice Chair to sign an agreement for the AEAP with the Office of the Attorney General, an agency of the State of Florida, to support the victims of the Pulse nightclub shooting on June 12, 2016. 6. Approval and authorization for the Chair/Vice Chair to sign the agreement with Primary Care Medical Services of Poinciana Incorporated, referred to as the Federally Qualified Health Center, for the purpose of purchasing Electronic Medical Records and Accounting System, to continue to provide health care services. (Fiscal Year 2016/2017, Strategic Action Item #6, Healthcare for Citizens; Goal, Create Great Neighborhoods for the Future) 7. Approval and authorization for the Chair/Vice Chair to sign Amendment #1 to the Interlocal Agreement with the Clerk of Court and the Ninth Judicial Circuit, to carry out certain Court related functions which will be funded by the Clerk, and supervised by Court Administration; and adoption of Resolution #17-091R, amending the Fiscal Year 2017 Budget, and appropriating funds as detailed in Budget Supplement BA #17-043. 8. Approval and authorization for the Chair/Vice Chair 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 pay period of June 30, 2017. Section 136.06, Florida Statutes, requires the County to record in the minutes the total amounts of withdrawals of funds from depositories; direct deposits; and transfer of funds made for any and all purposes. 9. Adoption of Resolution #17-094R, authorizing and approving the issuance of a not-to-exceed $26,350,000 initial aggregate principal amount of the Sales Tax Revenue Refunding Bond, Series 2017, through the proposal of Citizens First Bank generating a net present value savings of more than $1,000,000, or 4.00% of the refunded bonds, and an annual cash flow savings beginning in Fiscal Year 2018, and each remaining year; in addition, the release of the current debt service reserve account in the amount of $4,231,900. Page 2
10. Adoption of a Joint Resolution (OC #17-119R) forming an interlocal consensus concerning the governance of the Tohohopekaliga Water Authority; authorizing and directing cooperation and coordination toward better administration in the regional delivery of vital public services and commodities. 11. Approval and authorization for the County Manager to sign the Letter of Intent with Kissimmee Utility Authority to exchange land at the Domingo Toro Substation site, with land at NeoCity; and authorize the County Manager to sign any documents necessary to complete the exchange including, but not limited to, agreements and deeds. Community Development Administration 12. Approval and authorization for the Chair/Vice Chair to sign a Cross Access Easement Agreement with St. Cloud Commons, Limited, for the future use by the public. Commission District 4. Staff recommends approval. 13. Approval and authorization for the Chair/Vice Chair to sign a Permanent Drainage and Maintenance Easement with St. Cloud Commons, Limited, for the benefit of maintenance and repair of drainage facilities and improvements. Commission District 4. Staff recommends approval. 14. Approval and authorization for the Chair/Vice Chair to sign Amendment #2 to the service agreement with Perkins+Will, of Austin, Texas, for planning and design services for the Judge Farm Technology, Research and Mixed Use project (Reference LOI #16-4487-RJ). This Amendment will provide for additional services for the continuation of the Master Planning Contract including NeoCity Identity Elements, Wayfindings, Signage, and Landscape for the entrances at US192 with NeoCity Way and with Denn John Road. The Site Implementation of the Design Guidelines within the Master Plan will be expanded to address fiber communication opportunities. Approval and authorization for the Chair/Vice Chair to sign Amendment #3 to the service agreement with Perkins+Will, in the amount of $50,000, and adding subcontractors; estimated expenditures shall increase by $158,200, for a total not to exceed amount of $793,200. Public Safety 15. Adoption Resolution of #17-113R, amending the Fiscal Year 2017 Budget as detailed in Budget Supplement BA #17-045. The Animal Services Department received a $25,000 grant award from Spring Point Partners, LLC, for the Life of Riley Planning Grant. This grant will provide funding for an analysis of the community needs, current shelter operations and programs, and for the preparation of a three to five year strategic plan to meet identified needs. Upon completion of the planning grant, the Department will be eligible to compete for an Implementation Grant for an amount of up to $500,000 over a three year period. Public Works Administration 16. Permission to commence negotiations with Schenkel Shultz Architecture of Orlando, Florida, to provide architectural and engineering services to develop a 100,000 SF office building at NeoCity (PS #17-9601-RJ). Page 3
17. Permission to commence negotiations with Skanska Incorporated, of Maitland, Florida, to provide construction management at risk services for a 100,000 square foot office building at NeoCity; authorization for the County Manager to sign Construction Authorizations for Pre- Construction Services and early works packages (PS #17-9606-RJ), in an amount not to exceed $1,500,000; adoption of Resolution #17-114R, amending the Fiscal Year 2017 Budget; and adoption of Resolution #17-115R, amending the 2017-2021 Five Year Capital Improvement Plan, both being detailed in Budget Supplement BA #17-046. All activities for the NeoCity office building are reimbursable from bond proceeds but in the interim, the project is being established utilizing Local Option Sales Tax funds. 18. Approval and authorization for Chair/Vice Chair to sign Construction Authorization #QC2M- CA7, pursuant to Article 8.1.1 of the Continuing Construction Manager at Risk Agreement for Projects less than $2,000,000 (PS #15-04249-RJ), with Quinn Commercial Incorporated, for the following: approval to establish the Guaranteed Maximum Price for the Osceola Heritage Park Parking and Hardscape Area Renovations, in the amount of $1,794,561; approval for the County Manager, or designee, to sign construction authorizations/change orders not to exceed $69,297.54, for revised combined total not to exceed amount of $1,863,858.54; adoption of Resolution #17-111R, amending the Fiscal Year 2017 Budget; adoption of Resolution #17-112R, amending the 2017-2021 Five Year Capital Improvement Plan, both being detailed in Budget Supplement BA #17-047; and approval to establish appropriation for construction administration and related costs, in the amount of $13,646.46, for a total requested amount of $1,877,505. 19. Approval to increase the number of full-time equivalent (FTE) Mosquito Control Technician positions in the Mosquito Control office from three positions to five positions, for the addition of two part-time seasonal positions; therefore, increasing the Countywide FTE count from 1,456.6 to 1,457.6; and adoption of Resolution #17-110R, amending the Fiscal Year 2017 Budget, and appropriating funds as detailed in Budget Supplement BA #17-044, to receive the Department of Health funds for Mosquito Control services to mitigate the spread of the Zika virus for Osceola County. Transportation and Transit 20. Approval to establish a No Parking zone and install No Parking signs at the intersection of Pine Tree Drive and Packard Avenue. A total of eight (8) sign assemblies will be replaced at a cost of $60.64 per sign for a total of $485.12. 21. Approval to reduce the posted speed limit of 30 miles per hour (mph) to 25 mph on Kilimanjaro Drive, from Kilimanjaro Drive to Hunter Road in Poinciana. A total of one speed limit sign assembly will be installed at a cost of $60.64. 22. Approval to reduce the posted speed limit of 30 miles per hour (mph) to 25 mph on Tampa Avenue, from Sawdust Trail to Garden Street, and replace the 30 mph to 25 mph signs on Tampa Avenue, south of Garden Street and north of Sawdust Trail. A total of two speed limit signs will be replaced at a cost of $60.64 per sign, for a total of $121.28. Page 4
23. Approval to increase the posted speed limit on Walnut Street (Osceola County jurisdiction) from the Osceola County Line to Amiens Way, from 30 miles per hour (mph) to 40 mph. A total of four speed limit signs will be replaced at a cost of $60.64 per sign, for a total of $242.56. 24. Adoption of Resolution #17-095R, authorizing the Chair/Vice Chair to sign Supplemental Department of Transportation (FPN #431528-1-58/68-01) for the Construction and Construction Engineering and Inspection (CEI) services for the Highlands Elementary School Safe Routes to School sidewalk project. Pursuant to Paragraph 4.0 Project Estimate and Disbursement Schedule of the LAP Agreement, the Schedule of Funding for Construction that includes the authorized and encumbered Federal funding for this project shall be reduced by $1,348, an amount equal to the Agency s CEI contract award in the amount of $8,615; adoption of Resolution #17-096R, amending the Fiscal Year 2017 Budget; and adoption of Resolution #17-097R, amending the 2017-2021 Five Year Capital Improvement Plan, both being detailed in Budget Supplement BA #17-038. 25. Adoption of Resolution #17-098R, authorizing the Chair/Vice Chair to sign Supplemental Department of Transportation (FPN #431528-2-58/68-01) for the Construction and Construction Engineering and Inspection (CEI) services for the Lakeview Elementary School Safe Routes to School sidewalk project. Pursuant to Paragraph 4.0 Project Estimate and Disbursement Schedule of the LAP, the Schedule of Funding for Construction that includes the authorized and encumbered Federal funding for this project shall be reduced by $1,104, an amount equal to the Agency s CEI contract award in the amount of $10,219; adoption of Resolution #17-099R, amending the Fiscal Year 2017 Budget; and adoption of Resolution #17-100R, amending the 2017-2021 Five-Year Capital Improvement Plan, both being detailed in Budget Supplement BA #17-039. 26. Adoption of Resolution #17-101R, authorizing the Chair/Vice Chair to sign Supplemental Department of Transportation (FPN #431528-3-58/68-01) for the Construction and Construction Engineering and Inspection (CEI) services for the Ventura Elementary School Safe Routes to School sidewalk project. Pursuant to Paragraph 4.0 Project Estimate and Disbursement Schedule of the LAP Agreement, the Schedule of Funding for Construction that includes the authorized and encumbered Federal funding for this project shall be reduced by $8,159, an amount equal to the Agency s Construction Engineering and Inspection (CEI) contract award in the amount of $15,328; adoption of Resolution #17-102R, amending the Fiscal Year 2017 Budget; and adoption of Resolution #17-103R, amending the 2017-2021 Five-Year Capital Improvement Plan, both being detailed in Budget Supplement BA# 17-040. 27. Adoption of Resolution #17-104R, authorizing the Chair/Vice Chair to sign Supplemental Department of Transportation (FPN #432953-1-58/68-01) for the Construction and Construction Engineering and Inspection (CEI) services for the Narcoossee Elementary/Middle Schools Safe Routes to School sidewalk project. Pursuant to Paragraph 4.0 Project Estimate and Disbursement Schedule of the LAP Agreement, the Schedule of Funding for Construction that includes the authorized and encumbered Federal funding for Page 5
this project shall be reduced by $24,703, to an amount equal to the Agency s Construction Engineering and Inspection (CEI) contract in the amount of $23,474; adoption of Resolution #17-105R, amending the Fiscal Year 2017 Budget; and adoption of Resolution #17-106R, amending the 2017-2021 Five-Year Capital Improvement Plan, both being detailed in Budget Supplement BA #17-041. 28. Adoption of Resolution #17-107R, authorizing the Chair/Vice Chair to sign Supplemental Department of Transportation (FPN #433042-1-58/68-01) for the Construction and Construction Engineering and Inspection (CEI) services for the Boggy Creek Elementary and Parkway Middle Schools Safe Routes to School sidewalk project. Pursuant to Paragraph 4.0 Project Estimate and Disbursement Schedule of the LAP, the Schedule of Funding for Construction that includes the authorized and encumbered Federal funding for this project shall be reduced by $15,845, an amount equal to the Agency s Construction Engineering and Inspection (CEI) contract award in the amount of $19,485; adoption of Resolution #17-108R, amending the Fiscal Year 2017 Budget; and adoption of Resolution #17-109R, amending the 2017-2021 Five-Year Capital Improvement Plan, both being detailed in Budget Supplement BA #17-042. 29. Approval and authorization for the Chair / Vice Chair to sign the Perpetual Flowage and Inundation Easement from the City of Kissimmee, a municipal corporation located at 101 Church Street, Kissimmee Florida 34741, to Osceola County. This easement in the amount of $10 grants perpetual right, power, privilege, and easement, now, hereafter, or from time to time, to occasionally overflow, flood and submerge Parcel 853. This easement addresses floodplain compensation needed for Hoagland Boulevard Phases II and III. The City of Kissimmee has the ability to move the location of this easement with South Florida Water Management District s approval to modify the Hoagland Boulevard Permit which is part of the reason that the City has asked that the County not only accept the easement but sign off on the agreement to relocate if the City s plans for the property change in the future. Consent/Public Hearing For items having gone to the Planning Commission (PC), these items will be approved as recommended by the 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. Planning and Zoning 30. First reading of PM17-00023 - Approval and authorization for the Chair/Vice Chair to sign the Petitioner s Agreement with the Tohoqua Community Development District.* Commission District: 4 Staff Recommendation is for approval of first reading of PM17-00023 and for the second reading to be heard at the August 14, 2017, Board meeting. * This Petitioner s Agreement provides assurance of enhanced amenities including trail network, connections, street framework, landscaping, recreational opportunities, open space, and maintenance of said enhanced amenities, all above minimum Osceola County Land Development Code requirements, as established in CP14-00004, for the proposed Tohoqua Community Development District. Page 6
Transportation and Transit 31. Approval and authorization for the Chair/Vice-Chair to approve Developer s Agreement #17-005 with Trammell Webb Partners Incorporated, for the Mobility Fee Agreement for the Construction of Woodland Park Boulevard, between Pleasant Hill Road and Ham Brown Road and John Rao Drive, in the amount of $8,078,150.81. County Attorney's Office Public Hearings 32. The Renaissance Charter School Incorporated (the Borrower) has requested the Board to conduct a public hearing in accordance with Section 147(f) of the Internal Revenue Code and Section 163.01, Florida Statutes, to consider adoption of Resolution #17-093R, approving the issuance of Educational Facilities Revenue Bonds (the Bonds) by the Capital Trust Agency (the Issuer), in an amount not to exceed $70,000,000. The Bond proceeds will be loaned to the Borrower and a portion used to finance acquisition and development of a charter school facility to be known as the Renaissance Charter School at Boggy Creek, located at 4480 Boggy Creek Road, Kissimmee, Florida (the Osceola Facility). County Administration 33. Adoption of Resolution #17-092R adopting the Federal Fiscal Year (FFY) 2017/2018 Community Development Block Grant Program and Osceola County HOME Consortium Annual Action Plan. Public Safety 34. Adoption of Ordinance #2017-49, repealing Chapter 4, Animals, in its entirety; and replacing with a new Chapter 4, Animals; providing for severability; providing for conflict; providing for inclusion into the Code of Ordinances; providing for filing with Department of State; and providing for an effective date. Regular NO ITEMS Reports Constitutional Officers and Governmental Agencies/Other Departments/Divisions Commission Auditor 35. Report of the Audit of Accounts Payable and Accounts Receivable Process Page 7
County Attorney County Manager Commissioners Committee Appointments Affordable Housing Advisory Committee 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 for-profit 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. 36. Appointment to replace Christopher Davis, "At-large", who resigned, whose term expires December 31, 2017. Community Development Block Grant Advisory Task Force 37. Appointment to replace Adriana Escander, "District 2", who resigned, whose term expires December 31, 2020. 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. 38. Appointment to fill a vacancy on "District 2", term expired on December 31, 2015. County Administration For Information 39. Long Range Agenda 40. The Clerk of the Board has received for the record, from the Florida Public Service Commission, Consummating Order #PSC-2017-0264-CO-EI, noticing that Order #PSC-17-0230-TRF-EI has become effective and final in reference to the petition for approval of revised customer security deposit tariff sheets, by Florida Power and Light Company. 41. The Clerk of the Board has received for the record, from the Florida Public Service Commission, Order #PSC-2017-0278-PAA-EQ, Docket #20170077-EQ, notice of proposed agency action order approving renewable energy tariff and standard offer contract by Florida Power and Light Company. Page 8
42. The Clerk of the Board has received for the record, from the Florida Public Service Commission, Consummating Order #PSC-2017-0284-CO-GU, noticing that Order #PSC-17-0247-TRF-GU, has become effective and final, in reference to the petition for approval to modify phase two of experimental transitional transportation pilot program to suspend open enrollment process, in reference to the petition by Florida Division of Chesapeake Utilities Corporation. 43. The Clerk of the Board has received for the record, from the Florida Public Service Commission, Order #PSC-2017-0289-TRF-GU, approving Florida Public Utility Company s joint petition for modifications to its tariffs; tariff modifications shall be effective as of 7/13/17; if protested, tariffs to remain in effect with any charges held subject to refund pending resolution; if no timely protest, docket to be closed on issuance of a Consummating Order; protest due 8/14/17. 44. The Clerk of the Board has received for the record, the Annual Financial Report for Fiscal Year ending September 30, 2016, for the Concorde Estates Community Development District. 45. The Clerk of the Board has received for the record, the Annual Financial Report for Fiscal Year ending September 30, 2016, for the Town of Kindred Community Development District. 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. * Community Development Quasi-Judicial Items All of the Quasi-Judicial Items will be approved as recommended by the Planning Commission. In accordance with Article 2.4 of the Land Development Code as may be amended, County Commissioners should disclose all ex parte communications, site visits, expert opinions, or documentation received at this time. The County will swear in anyone who wishes to speak on any Quasi-Judicial item. Witnesses may be called and shall be subject to direct and cross examination on matters relevant and material to the issue. Cross examination may be afforded to an affected party, County Staff, or to a County Commissioner. No redirect shall be allowed except upon request and approval by the Chair. There shall be no limitations on questions by the County Commissioners. No one may present evidence which is unduly cumulative or repetitious of previous testimony or evidence. Non-affected parties shall be allowed to speak and present evidence to the County Commission but may not directly examine nor cross examine witnesses. Affected parties shall be allowed to rebut testimony and evidence presented by non-affected parties. The County Commission shall only consider evidence presented at the hearing and base its decision on the competent substantial evidence of the record. Page 9