Board of County Commissioners

Polk County Board of County Commissioners Meeting Minutes - Final August 20, 2024 Regular BoCC meeting In accordance with the American with Disabilities Act, persons with disabilities needing special accommodations to participate in this proceeding should contact the Communications Office not later than 48 hours prior to the proceeding. Their office is located in the County Administration Building, 330 West Church Street in Bartow. Telephone (863) 534-6090 or TTY (863) 534-7777. If hearing impaired dial 7-1-1 for Florida Relay services or call (800) 955-8771 (TTY); dial (800) 955-1339 if you are using a computer. Any invocation that may be offered before the official start of the Commission meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Commission. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Commission, and the Commission is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. If a person decides to appeal any decision made by the board with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CALL TO ORDER - 9:00 a.m. (BILL BRASWELL, CHAIR) INVOCATION Murphy Hanley, Polk County Fire Rescue Chaplain PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR) A. PRESENTATIONS and RECOGNITIONS A.1. Employee Recognition Minutes: The Board recognized Loy Locke with Roads and Drainage, William Cooper with Parks and Recreation, Andrew Edmund with Court Services, and Jie Leslie with Fire Rescue for their years of service with the county. A.2. Katie Hayes, Executive Director, Keep Polk County Beautiful, Inc., to present the FY 23/24 Completed Community Clean-Up Program and outline the FY 24/25 Proposed Community Clean-Up Work Plan. Minutes: Katie Hayes, Executive Director, Keep Polk County Beautiful, Inc., presented the fiscal year 23/24 Completed Community Clean-Up Program. She showed slides and discussed the program and the services that are provided. She discussed how residents are notified about the services. She showed pictures of the clean up in Jan Phyl Village, Lake Thomas and Sun Acres communities; Eloise and Wahneta communities; Skyview, Eaton Park, Crystal Lake and South Combee communities; Waverly and the Lake Pierce Ranchettes and Eagle Ridge Mall tire collection event; North Combee community; Boggy Bottom, Florence Villa and Carefree Cove Inwood communities; and Medulla, Willow Oak and Fuller Heights. She said 193.08 tons of Page 1 of 11 garbage and 9,652 tires were collected. She said there are additional community clean-up areas. She discussed the proposed clean-up areas for 2024-2025. She showed a video of a Public Service Announcement on dumping of waste. She thanked the Board and all their partnerships for the support. Commissioner Wilson said this is a big county. He said Ms. Hayes and her staff, volunteers and partners work hard to keep the county clean. He said it is a very big undertaking and that he is very proud of what they do. He said that she loves what she does. He said he appreciates every one of them and he thanked them for all that they do. Commissioner Santiago said thank you to Ms. Hayes, her staff and volunteers. She said this is a lot of work and she is always amazed with the amount of trash and tires that we pick up. She said it is a lot of work and she will continue to support her work. Commissioner Combee said the tires without wheels are great places to raise mosquitoes; he said without the program they would be there longer. Upon question, Ms. Hayes said the site in the video was an actual dump site. She said they partnered with the county to get that done. Commissioner Lindsey said congratulations and keep it up. Chair Braswell said good job. A.3. Dave Carter, P.E. Chairman of the Stormwater Technical Advisory Committee (STAC), to provide an update on Committee activities. Minutes: Dave Carter, P.E. Chairman of the Stormwater Technical Advisory Committee (STAC), provided an update on committee activities. He said the county is in compliance with the NPDES permit. He gave an update on the lakes and said 159 are improving, 300 have no significant trend and 79 are declining. He discussed the stormwater MSTU goals and the NPDES requirements. He discussed the stormwater MSTU funding. He discussed the street sweeping program and said they are up to 9,000 miles now. He discussed Lake Gwyn, Lake Lulu, the Kissimmee Watershed project, Bellini Preserve, and the Peace Creek Canal. He discussed the STAC recommended projects. Commissioner Combee thanked Mr. Carter for what he does. Upon question, Tabitha Biehl, Parks and Natural Resources, said they have parameters that the street sweepers follow and they avoid school times and different weather conditions. Upon question, Mr. Carter confirmed that what is going out is 10% less nitrogen than what is coming in. He said if there was a larger system with more lag time in the system more of the pollutants would be absorbed. He said 10% is a pretty good number based on the fact that there is very little maintenance. He said it would have to be a bigger project. Page 2 of 11 Commissioner Lindsey thanked Mr. Carter and said he was one of the first appointed to this committee ten years ago. He said it is a small population that has the technical expertise that their team has. Upon question, Mr. Carter said until you get out and get involved with this you really do not learn what goes on. He said he would recommend a young person who is interested to come to the public meetings. He said interning is an excellent idea. Ms. Biehl said they do have volunteer internships through their programs. She said they have had students participate in field sampling and implementing innovative technology. She said participating in STAC meetings would be great for their learning experience. Commissioner Lindsey encouraged that during summer that we pay them a nominal amount to expose them to the process and expand the base of those willing to serve . B. CEREMONIAL PROCLAMATIONS B.1. Gold Star Families Day in Polk County Minutes: Chair Braswell presented the proclamation for the six Gold Star Families in Polk County. He said they have paid the ultimate price by losing loved ones while serving in the military in either Afghanistan or Iraq. He said it is our duty to honor the fallen and express our deepest gratitude to their families. He said Gold Star Families remind us of the cost of liberty and the enduring spirit of our military community. He proclaimed August 24, 2024, as Gold Star Families Day in Polk County. Ricky Newman said as a military veteran, retired law enforcement officer, and President of the Polk County Fraternal Order of Police he thanks the Board for their involvement. He said they hope to see them at this event and he said they are all invited. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD C.1. Comments. Minutes: Kelly Kalapp said she is here to discuss the horrid conditions of the Polk County Animal Control. She said animals are dying in the metal cages inside a metal building with no air conditioning. She said the money allocated there has been used elsewhere. She said she has seen videos and has spoken with individuals who have seen this. She said there is a group of animal lovers that is rallying to get them air conditioning, medical care or adopted. She said these animals are dying. She said it has been said that Polk County is the number one kill shelter in the state and the fourth in our nation. She asked if they have ever sat in their hot car with the windows up for an hour; she said these animals endure that 24 hours a day. She said to go see the conditions and said there is a new policy that you cannot bring a cell phone in. She said look at what other counties do and that there are rescue programs. Commissioner Combee said he appreciates what they are doing. He said no one wants Page 3 of 11 to see animals mistreated. He said he is a dog lover. He said he does not believe comparing the conditions to a car with the windows rolled up is what they are experiencing there. He said that the Sheriff is in charge of that and he is not sure having air conditioned facilities is necessary either but proper ventilation and shade are important. He said he cannot imagine that they would survive long if it was similar to the conditions she has described. He said he would like the Sheriff to talk to them. Ms. Kalapp said they were locked out and they closed the facility for that day. She said they were not willing to listen to them. She said these animals do not have a voice. Commissioner Combee said no one up here wants to see animals mistreated. D. APPROVE CONSENT AGENDAS D.1. Approve Consent Agenda. RESULT: APPROVED MOVER: George Lindsey SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson ELOISE COMMUNITY REDEVELOPMENT AGENCY D.2. Approve Eloise CRA Consent Agenda. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson HARDEN/PARKWAY COMMUNITY REDEVELOPMENT AGENCY D.3. Approve Harden/Parkway CRA Consent Agenda. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) E.1. Disbursements. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago Page 4 of 11 AYE: Lindsey, Braswell, Combee, Santiago, and Wilson E.2. Minutes of Regular Board meeting held on August 6, 2024. RESULT: APPROVED MOVER: Neil Combee SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson G. COUNTY ATTORNEY (RANDY MINK) G.1. Proposed Fiscal Year 2025 budget for Astonia Community Development District. Minutes: County Attorney Randy Mink discussed the Proposed Fiscal Year 2025 budget for the Astonia Community Development District. Commissioner Lindsey recused from voting. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Braswell, Combee, Santiago, and Wilson Recused: Lindsey G.2. Proposed Fiscal Year 2025 budget for Towne Park Community Development District. Minutes: County Attorney Randy Mink discussed the Proposed Fiscal Year 2025 budget for the Towne Park Community Development District. Commissioner Lindsey recused from voting. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Braswell, Combee, Santiago, and Wilson Recused: Lindsey G.3. Proposed Fiscal Year 2025 budget for Wind Meadows South Community Development District. Minutes: County Attorney Randy Mink discussed the Proposed Fiscal Year 2025 budget for the Wind Meadows South Community Development District. Commissioner Lindsey recused from voting. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago Page 5 of 11 AYE: Braswell, Combee, Santiago, and Wilson Recused: Lindsey H. COUNTY MANAGER (BILL BEASLEY) H.1. Confirm appointment of Mr. John Bohde, AICP, to serve as the Deputy County Manager over the Polk County Infrastructure Divisions. Minutes: County Manager Bill Beasley said with the pending retirement of Todd Bond, he is moving to solidify several senior management positions that will serve the county's best interest for years to come. He said Deputy County Manager Ryan Taylor volunteered to be reassigned to the Support Services group. He said after reviewing internal talent he is seeking confirmation of appointment of John Bohde, AICP, to serve as the Deputy County Manager over the Polk County Infrastructure Divisions. He said this is effective September 30, 2024. He discussed Mr. Bohde's experience and qualifications. He requested approval of the appointment. Mr. Bohde thanked the Board and Mr. Beasley for the trust and the confidence. He said 23 of his 25 years of local government experience has been here with Polk County. He said these are some of the best folks to work with and he wants to continue to work here. He said he is thankful for this opportunity. He said he would not be staying here if it was not for his wife. He said his father passed away on Saturday and he would have been here. He introduced his brothers and family here supporting him. Chair Braswell said our thoughts and prayers are with his family. RESULT: APPROVED MOVER: Neil Combee SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.2. Confirm appointment of Mr. Benjamin Dunn to serve as the Director of the Polk County Office of Planning & Development. Minutes: County Manager Bill Beasley recommended the Board confirm the appointment of Benjamin Dunn to serve as the Director of the Polk County Office of Planning and Development effective September 30, 2024. He said Mr. Dunn has 24 years of local government and agency experience. He said 18 of his 24 years of experience is with Polk County. He discussed Mr. Dunn's experience and qualifications. He requested approval of the appointment. Mr. Dunn said he and John Bohde started their careers together. He said he is grateful for this opportunity to serve as Director. He thanked the Board and the County Manager for the trust and confidence to serve in this role. He said he is excited to work with everyone as they navigate the growth. He said he would like to acknowledge the hard working staff. He said he is excited about serving the citizens. He said his wife is here also and supports him in his career. Page 6 of 11 Chair Braswell said congratulations. Commissioner Combee said we have the utmost trust and confidence in Mr. Dunn and John Bohde with the work they have been doing with the extreme pressure of the development that has taken place. He said they have done a great job with innovation and hard work. He congratulated them both. RESULT: APPROVED MOVER: George Lindsey SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.3. Approve Agreement for Sale and Purchase between Buck Mann Ranch, LLC, BDG Lands, LLC and Polk County in conjunction with the Upper Peace Creek Mann Ranch Project along with a CIP amendment and budget transfer. ($20,055,000 one-time expense) Minutes: County Manager Bill Beasley discussed the agreement for Sale and Purchase between Buck Mann Ranch, LLC, BDG Lands, LLC, for the Upper Peace Creek Mann Ranch Project along with a CIP amendment and budget transfer. He recommended approval. Commissioner Combee said this is a big acquisition and he said it will benefit the whole county and that it is a good plan. He said he would like a commitment that this will be held in perpetuity and that we will begin the planning process. Mr. Allen said there are multiple owners and there is a ten-year lease with them. He said the plan now is to plan and there is a recreation component. Ms. Biehl said this is a new acquisition and they will have access to it for design of the site. She said they will be looking at a variety of things. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson Minutes: County Manager Bill Beasley discussed the right-of-way agreement between McEnany Land Holdings, Inc., for the County Road 557 Project, parcels 138, 723A, 723B and 800. He recommended approval. RESULT: APPROVED MOVER: Neil Combee SECONDER: George Lindsey AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.5. Approve Sub-Agreement No. SA-5 to the Water Wheeling Infrastructure Master Cost-Sharing Agreement with the Water Cooperative of Central Florida relating Page 7 of 11 to the Cypress Lake Wellfield Project. ($2,733,910 not-to-exceed, one-time expense) Minutes: County Manager Bill Beasley discussed the Sub-Agreement No. SA-5 to the Water Wheeling Infrastructure Master Cost-Sharing Agreement with the Water Cooperative of Central Florida relating to the Cypress Lake Wellfield Project. He recommended approval. RESULT: APPROVED MOVER: George Lindsey SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson I. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY) I.1. Appoint Kevin M. Updike as an Alternate Member of the Planning Commission, for the three-year term, September 19, 2024 through September 18, 2027. RESULT: APPROVED MOVER: George Lindsey SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson I.2. Commissioner Lindsey Comments. Minutes: Commissioner Lindsey said there are a few hours left to vote and those who have not voted please do. J. COMMISSIONER DISTRICT 2 (RICK WILSON) J.1. Appoint William T. Weinkauf as a member of the Conservation Land Acquisition Selection Advisory Committee (CLASAC) for the remainder of the four-year term ending April 30, 2027. RESULT: APPROVED MOVER: Rick Wilson SECONDER: George Lindsey AYE: Lindsey, Braswell, Combee, Santiago, and Wilson J.2. Commissioner Wilson Comments. Minutes: Commissioner Wilson had no comments at this time. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) K.1. Commissioner Santiago Comments. Minutes: Commissioner Santiago had no comments at this time. Page 8 of 11 L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) L.1. Commissioner Combee Comments. Minutes: Commissioner Combee thanked Ryan Taylor for moving laterally to get better experience to make room for other folks to get experience. He congratulated him on the lateral move. Commissioner Combee thanked Mr. Taylor, County Manager Bill Beasley and utilities for the fire protection well that was put in the 90's on SR 33 close to the Lake County line. He said it was a standby well and there were a couple of fires that destroyed some properties and they cleaned it up and got it all working. He said it is perfect now and the people are happy. He said they know now they can get extra water. He said great job and they said to thank them all. M. COMMISSIONER DISTRICT 3 (BILL BRASWELL, CHAIR) M.1. Appoint Michael B. Furr as a member (Seat 8) of the Polk County Historical Commission, for the three-year term, October 1, 2024 through September 30, 2027. RESULT: APPROVED MOVER: Rick Wilson SECONDER: George Lindsey AYE: Lindsey, Braswell, Combee, Santiago, and Wilson M.2. Reappoint Franklin “Ed” Shoemaker as a member of the Housing Finance Authority for the four-year term, December 1, 2024 through November 30, 2028. RESULT: APPROVED MOVER: Rick Wilson SECONDER: George Lindsey AYE: Lindsey, Braswell, Combee, Santiago, and Wilson M.3. Chair Braswell Comments. Minutes: Chair Braswell said it is election day. He said as he looks back at the last three primary elections and the turn out has been less than 24% each time. He said he is hoping they can turn the tide on that. N. LAY BOARD APPOINTMENTS O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 Minutes: County Attorney Randy Mink reminded the audience of the procedures for expedited hearings and public hearings and swore in those who plan to speak. O.1. Public Hearing (LDCT-2024-11 LDC Chapter 9 Text Amendment) (First Reading) to amend multiple sections of Chapter 9 (No Fiscal Impact). Page 9 of 11 Minutes: Ben Ziskal, Land Development Director, reviewed the proposed text amendment. He said that this is the first reading and no action is taken today. County Attorney Randy Mink said the publication online is in addition to the printed. The Chair opened a public hearing; no one spoke. P. PUBLIC HEARINGS P.1. Public Hearing to Consider Adoption of a Resolution Allowing for the Installation of Seven Traffic Calming Devices (Speed Humps) on Old Kissimmee Road, Near Loughman. (estimated $35,000.00 one-time expense) Minutes: Amy Gregory, Traffic Manager, showed slides and reviewed the request for the installation of seven traffic calming devices on Old Kissimmee Road, near Loughman. She said they received the required favorable votes and non-responses . She recommended approval. The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.2. Public Hearing to Consider Adoption of a Resolution Allowing for the Installation of Four Traffic Calming Devices (Speed Humps) on Willis Road, Near Mulberry. (estimated $20,000.00 one-time expense) Minutes: Amy Gregory, Traffic Manager, discussed the request allowing for the installation of four traffic calming devices on Willis Road, near Mulberry. She said they received the required favorable votes and non-votes. She recommended approval. Upon question, Ms. Gregory said these are asphalt. She said one trial installation of rubber ones was done but it has all been asphalt since then. Commissioner Combee discussed how the rubber ones have openings in them for drainage. Ms. Gregory said this is something they could look into. The Chair opened a public hearing. Sam Rudd said he appreciates the effort. He said he has two grandchildren and a son living next to him. He said they had one dog killed and he said he would be more hurt if one of his grandchildren got hurt or killed. He thanked the Board for the consideration. Mike Howell said he would like to see humps installed on Wells Road if possible. He said he spoke to several neighbors and they are willing. Page 10 of 11 Mr. Howell will follow-up with Ms. Gregory. The Chair closed the public hearing. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson ANNOUNCEMENTS Minutes: Meeting adjourned at 10:30 a.m. Page 11 of 11