Board of County Commissioners

Polk County Board of County Commissioners Meeting Minutes - Final August 08, 2023 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. (GEORGE LINDSEY, CHAIR) Commissioner George Lindsey Commissioner Bill Braswell Commissioner Neil Combee Commissioner Martha Santiago Commissioner Rick Wilson Present: INVOCATION Murphy Hanley, Polk County Fire Rescue Chaplain PLEDGE OF ALLEGIANCE (GEORGE LINDSEY, CHAIR) A. PRESENTATIONS and RECOGNITIONS A.1. Dave Carter, P.E. Chairman of the Stormwater Technical Advisory Committee (STAC), to provide an update on Committee activities. Minutes: County Manager Bill Beasley said that Dave Carter has been the Chair of the Stormwater Technical Advisory Committee since its inception 12-13 years ago. He said he has stood in that role as a testament to his professionalism and his willingness to serve. He recognized Jeff Spence in the audience. Dave Carter, Chairman, Stormwater Technical Advisory Committee, said that the county's staff has done an excellent job bringing these projects to fruition. He showed slides and gave an overview of the Community Investment Projects (CIP). He showed videos on projects on Lake Hancock. He discussed stormwater structures and engineered treatment wetlands. He said that they get 20 tons of garbage out of lakes Page 1 of 12 each year. He discussed sediment treatment and the stormwater infrastructure planning and implementation. He reviewed the proposed water resources CIP. He said with the dollars invested this is ramping up. Chair Lindsey said when they implemented this they did an inventory to find the challenge. He said they identified the ones that could have a positive influence. Mr. Carter said the lakes are tested regularly and some are slowly declining. He said part of the effort is to keep them from getting worse. Chair Lindsey said Mr. Carter's team and county staff are to be commended for this effort. Upon question, Mr. Carter said that Lake Hancock is a success story, it was a larger lake and was one of the most polluted lakes and he said it is getting better. He said this lake has upcoming projects. He said it is not clean but it has improved. He said the National Pollutant Discharge Elimination System (NPDES) is an involved program and they have an NPDES permit. He said they are in compliance with this program. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD C.1. Comments. Minutes: Dr. Robert Weedon said he is a spay/neuter surgeon who is retired. He said a voucher program for animal sterilization would be a huge help to pet owners who struggle with the cost and accessibility of veterinary care. He said $250,000 would help sterilize 5,000 animals and he said this will not solve the problem of animal over population but it is a good start. He said there is a lack of affordable spay/neuter services in our community. He said there is private practice support for a voucher program. Commissioner Combee said he supports the concept and he believes it is something that they need to do. Lisa Baker discussed the lifespan of cats and said cats can have over 180 kittens in their lifetime. She discussed feline over population and the importance of spaying and neutering. She discussed reducing the euthanasia rate and being proactive for spay and neuter services. She said they are working to increase their surgery capacity. She said the more spayed/neutered the less stray cats they will have in their community. Captain Steve Hortsman, Animal Control, said they are in the planning stages of the spay and neuter program and will have it kicked off this year. He said it will be at no cost to the owner. He said they are working on a set price for dogs and cats and will make it as simplified as they can. He said they will partner with veterinarians and they will advertise on the website. He said the veterinarians will be reimbursed. He said they have done more adoption events the last couple of years and he said that they have free adoptions on weekends. Commissioner Combee discussed news stations showing the available animals. He Page 2 of 12 confirmed that this is on PGTV. Upon question, Captain Hortsman said the goal for starting the program is this year. He said they are working with a set price across all the providers. He said they can work with the Humane Society and they will make them a part of this. He said one of the providers is a mobile facility. He said they plan to partner with the outside agencies that provide these services. Dr. Weedon discussed mobile units and said the cost is about $300,000 and he said you have to have a place to stage the animals such as aTractor Supply. He said he would be happy to meet with anyone in the county if they are interested. Eric Garcia said he is with North Lakeland Youth Soccer. He said their fields are being worked on and are not playable and they have active sign ups for sports. He asked if there is any feedback on the park. He said they are practicing on corner lots and on the football field. Endy Ortiz said change has not happened for them. He said the soccer field is not playable and they have a small park and field. He said people want to know that the county has their back. He said they feel whoever manages the parks does not care for them. He said if the fields are not playable it is a risk. Chair Lindsey said the Board does have their back in this regard. He said there were scheduling conflicts between maintenance staff and the leagues and that is being worked out. He said they are looking at expanding a field on a nearby property. County Manager Bill Beasley said they care about all the children in Polk County. He said they are aware of the challenges at the Hunt Fountain Park. He said there has been communication problems with the league for letting the fields rest. He said he thinks Hunt Fountain will have more capital investments and they will make it a priority. He said those fields are set to be up and running within a week. Deputy County Manager Ryan Taylor said there was a meeting with the soccer league and they have until the 23rd of the month to complete restoration activities for the soccer fields. He said they have moved activities to different locations to provide additional rest to the soccer fields. He said they are working to address the concerns and said it takes the cooperation of the teams and clubs to allow the fields to rest for the grass to grow back. He said they are looking at places to move additional activities. Commissioner Combee said it is difficult to grow grass on a busy playground. He said it is easily understood that the grass needs time to grow. He said to be patient, a lot of people are coming and want to play. Mr. Ortiz said they have seen a plan. He said they hear the same thing that they do not have the money. He said they are tax payers. He said there are grants and he asked when it will happen for them. Chair Lindsey said Mr. Ortiz can meet with Parks and Natural Resources Director Gaye Sharpe. He said it will require more cooperation with the leagues and staff. He said you Page 3 of 12 cannot repair when they are in use. He said hopefully when he comes back they will have a game plan. Commissioner Wilson said he understands greatly. He said throughout the county they have dozens of parks. He said they are not the only one and the parks have the same wear and people on them. He said they are aware and this is not an easy fix and they will get it taken care of. He said we have to have the time and the weather and they want to make everyone happy. Terry Jones said he spoke with Mr. Taylor and said he will trust the process. D. APPROVE CONSENT AGENDA D.1. Approve Consent Agenda. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson D.2. Approve Eloise CRA Consent Agenda. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson D.3. Approve Harden/Parkway CRA Consent Agenda. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Bill Braswell 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 AYE: Lindsey, Braswell, Combee, Santiago, and Wilson E.2. Minutes of Regular Board meeting held on July 25, 2023. Page 4 of 12 RESULT: APPROVED MOVER: Martha Santiago SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson G. COUNTY ATTORNEY (RANDY MINK) G.1. Proposed Fiscal Year 2023-2024 budgets for the Highland Meadows and Highland Meadows II Community Development Districts. Minutes: County Attorney Randy Mink discussed the Proposed Fiscal Year 2023-2024 budgets for the Highland Meadows and Highland Meadows II Community Development Districts. Chair Lindsey recused from voting. RESULT: APPROVED MOVER: Neil Combee SECONDER: Bill Braswell AYE: Braswell, Combee, Santiago, and Wilson Recused: Lindsey G.2. Approve the release of a cash surety in the amount of $64,927.50 for Treymont Phase 2 & 3. (No fiscal impact) Minutes: County Attorney Randy Mink discussed the release of surety for Treymont Phase 2 and 3. Chair Lindsey recused from voting. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Martha Santiago AYE: Braswell, Combee, Santiago, and Wilson Recused: Lindsey H. COUNTY MANAGER (BILL BEASLEY) H.1. Approve the Sixth Amendment to the Cypress Lake Alternative Water Supply Agreement with the Water Cooperative of Central Florida relating to the Cypress Lake Wellfield. ($1,998,855 not-to-exceed, one-time expense) Minutes: County Manager Bill Beasley discussed the Sixth Amendment to the Cypress Lake Alternative Water Supply Agreement with the Water Cooperative of Central Florida relating to the Cypress Lake Wellfield. He recommended approval. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago Page 5 of 12 AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.2. Approve Thompson Nursery Road Professional Services Agreement 2022-041, Amendment No. 1, with Kimley-Horn and Associates. ($1,092,555.64 one-time expense) Minutes: County Manager Bill Beasley discussed the Thompson Nursery Road Professional Services Agreement 2022-041, Amendment No. 1, with Kimley-Horn and Associates. He recommended approval. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson I. COMMISSIONER DISTRICT 2 (RICK WILSON) I.1. Commissioner Wilson Comments. Minutes: Commissioner Wilson had no comments at this time. J. COMMISSIONER DISTRICT 3 (BILL BRASWELL) J.1. Commissioner Braswell Comments. Minutes: Commissioner Braswell had no comments at this time. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) K.1. Appoint Mike Hickman as a Member of the Polk County Planning Commission for the three-year term, September 1, 2023, to August 31, 2026. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson K.2. Commissioner Santiago Comments. Minutes: Commissioner Santiago had no comments at this time. L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) L.1. Commissioner Combee Comments. Minutes: Commissioner Combee said with the elections coming up and that they are going to be partisan which is consistent with the Supreme Court ruling. He said he asked County Attorney Randy Mink if he would look at how we amend our Charter. He said he would like to make it consistent and said it would be appropriate to get it inline with current law. Page 6 of 12 Mr. Mink said they would need to get a referendum and he would have to bring back an ordinance to put it on the ballot for the voters to decide. He said we cannot advocate for them to vote for it. He said it would be up to the voters. He said if they voted to not change it the law would still be based on the Orange County case. Chair Lindsey asked if it would be more expedient, if the voters fail to pass it, that they seek an expedited judicial determination to conform the Charter to the law. Mr. Mink said the issue is whether we have standing. Commissioner Combee said a judge cannot amend the Charter. Chair Lindsey said a judge can rule an element of the Charter invalid. He said that section of the Charter would be stricken. He discussed a declaratory finding as to the validity of that provision. He said it would be seeking a declaratory advisory to ask the judge to look at the case law, look at the Charter, render an opinion on that section and then add a footnote to the remainder of the Charter that pursuant to this finding that particular section is now void. He said that seems to be a finite resolution than putting it on the ballot in 2024 and it may or may not pass. He said if it does not pass then we have the same cloud. He said seeking a declaratory judgment would be the most expeditious thing. Commissioner Combee said he would agree if the judge could change the Charter. He said we all know the judge cannot change the Charter. Chair Lindsey said the judge can strike an illegal part. He said he is not changing it he is conforming it to the evolving law. Commissioner Wilson asked why do we need to do anything. He said that he is for not doing anything. He said he does not see anyone raising heck and lets move down the road because we have other things to do. Chair Lindsey said seeking a declaratory judgment on the validity of that limited section would close the issue. Upon question, Mr. Mink said it would require majority plus vote for referendum. He said the Supervisor of Elections needs the language by June. He said if they voted to remove it then it is no longer in the Charter and if they voted to not remove it then it would remain in the Charter. Commissioner Santiago said she agrees with Commissioner Wilson and lets just leave it. Mr. Mink said Orange County has put an editors note in their Charter that the section that pursuant to Court Order that language is invalid and they have not removed it . Mr. Mink said he would like authorization from the Board to place an editor's note that says pursuant to the Orange County case along with the Secretary of State that the Page 7 of 12 section is invalid and partisan elections will be held. He said if there is change in legislation then it would go back to the original form. Motion to: Instruct the County Attorney's office to place an editor's note advising that this section of the Charter is in conflict and to put them on notice that this language is no longer enforced and viable. RESULT: APPROVED MOVER: Neil Combee SECONDER: Rick Wilson AYE: Braswell, Combee, Santiago, and Wilson NAY: Lindsey M. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY, CHAIR) M.1. Chair Lindsey Comments. Minutes: Chair Lindsey said he and Commissioner Wilson attended a meeting in Bradley for a ribbon cutting for the new playground. He said this was ARP money and it is a nice facility for the community. He said Fire Rescue and Code Enforcement personnel were represented there and it was a great event. He said another event he attended with Commissioner Wilson and Mr. Beasley was the Polk Fire Rescue ceremony; he said the last two ceremonies they had over 120 graduates to be promoted as fire fighters and those that were given promotions from one rank to another. He said that is a remarkable achievement in a small amount of time. He commended Fire Chief Smith and his staff. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 Minutes: County Attorney Randy Mink reminded the audience of the procedures of the public hearings and swore in those who plan to speak. O.1. Public Hearing (LDCPAL 2023-4 N US 27 SAP CPA) (Transmittal Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment (CPA) to change the Future Land Use designation on 12.86 +/- acres from Professional/Institutional (PIX) to Residential High (RHX) in the Transit Supportive Development Area (TSDA). (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal reviewed the procedures for the expedited hearings. He submitted e-mails of opposition into the record. He discussed the proposed land use change. He said that staff recommends approval. The Chair opened a public hearing. Clay Mathews said his client is concerned with the access to the south. He said the project needs secondary access. He said they object to any access to their property. He said the applicant has not submitted the site plan that details their access and they object to the statements that it is connecting to the North Ridge trail. Upon question, Chanda Bennett, Land Development, said there is public right-of-way Page 8 of 12 from Poitras Two Road to the north. She showed the rights-of-way on the map. She said they would have to donate enough to satisfy the requirements for urban collector and said they are not required to pave it. She confirmed that the applicant will be required to dedicate an equal amount on their western boundary. County Attorney Randy Mink commented and said the access will be addressed during the Level 2 Review. Shelton Rice, applicant, said this is a map amendment and said they can develop this with something that is compatible. He said they have been working with staff and FDOT on the access and traffic study. He said the primary access will be on US Highway 27 with an emergency access elsewhere and he said they are actively discussing the access. He requested Board approval. The Chair closed the public hearing. Commissioner Combee said his concern is whether they are talking secondary or emergency access and that they are trying to keep people off of US 27. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, and Wilson NAY: Santiago O.2. Public Hearing (LDCPAL 2023-1 Holly Hill 3 RHX CPA) (Adoption Public Hearing) to consider the adoption of a Large-Scale Comprehensive Plan map to change Future Land Use designation on 14.48 +/- acres from Residential Medium-X (RMX), and Employment Center-X (ECX) to Residential High-X (RHX) in the Transit Supportive Development Area (TSDA)/North Ridge Selected Area Plan (SAP)/Ridge Special Protection Area (SPA)/Green Swamp Area of Critical State Concern (ACSC)/Transit Corridors and Centers Overlay (TCCO). (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal reviewed the proposed map amendment. He said that staff and the Planning Commission recommends approval. He said there were no comments from the Department of Commerce. The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, and Wilson NAY: Santiago O.3. Public Hearing (LDCPAL-2023-3 5-Acre Rounding Error CPA) (Transmittal Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Page 9 of 12 Amendment (CPA) to modify policy 2.119-A3 subsection F, addressing the calculation of density in rural and suburban development areas; amending policy 2.120-A4 subsection A and, policy 2.121-A2 subsection A to address minimum lot size calculations. This is related to LDCT-2023-5, a Land Development Code text amendment to modify Chapter 2, Section 205, Footnotes for Table 2.2, and Section 208.A, to address the calculation of density in rural and suburban development areas and minimum lot size. (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal reviewed the proposed amendment. He said that staff recommends approval. The Chair opened a public hearing; no spoke. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.4. Public Hearing (LDCT-2023-5 5-Acre Rounding Error Text Amendment) (First Reading) to consider the adoption of a Land Development Code text amendment to modify Chapter 2, Section 205, Footnotes for Table 2.2, and Section 208.A, to address the calculation of density in rural and suburban development areas and minimum lot size. (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal reviewed the proposed text amendment. He said that staff and the Planning Commission recommends approval. He said that this is the first reading. The Chair opened a public hearing; no one spoke. P. PUBLIC HEARINGS P.1. Public Hearing (LDCPAL 2022-15 US Highway 27 OCX CPA) (Transmittal Hearing) to consider the adoption of a Large-Scale Comprehensive Plan map to change the Future Land Use designation on 0.94 +/- acres from Residential Low-X (RLX) in the Transit Supportive Development Area (TSDA) to Office Center-X (OCX) in the Transit Supportive Development Area (TSDA). (No Fiscal Impact) Minutes: Chanda Bennett, Land Development, showed slides and reviewed the map amendment. She showed pictures of the area. She said that staff recommends approval. Upon question, Ms. Bennett said the homes are detached. She said it is five feet from the property lines and it is 10 feet between homes. Bart Allen, applicant, showed slides and gave an overview of the property and discussed the surrounding area. He gave background information on the site. He reviewed the access to the site and discussed the restricted uses on the site. He discussed the types of office center uses that would be permitted. He discussed the traffic analysis and the traffic assessment and said they would be adding 26 peak hour Page 10 of 12 trips. He said this is compatible with the area and requested approval for transmittal. Upon question, Mr. Allen said they are looking at one structure that is approximately 1,000 square feet. The Chair opened a public hearing. Edward Lockwood said he lives within 500 feet of the property. He discussed the driveway and said it is not compliant. He said this is not on the boundary and it is within the confines of the homes. He said the driveway cannot be placed within 150 feet of the intersection. He asked that they do not change this. Ms. Bennett said there are a combination for waivers in the Land Development Code for the distance with the driveways. She said this is a distance from an intersection and not a driveway. She said staff has met with DOT and the county engineers and she said this provides safety in terms of the driveway. The Chair closed the public hearing. Commissioner Combee said he would be concerned if they were not able to widen the driveway. He said as long as that width is sufficient for the traffic he does not see it as a problem. He said they are obligated to find a solution for the site and he said they have worked with the HOA to meet their concerns. Chair Lindsey said the applicant will conform to the greatest extent possible. RESULT: APPROVED MOVER: Neil Combee SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.2. Public Hearing (LDDRI 2023-2) to consider adoption of a Resolution to Rescind the Rida/ChampionsGate Development of Regional Impact Development Order. (No fiscal impact) Minutes: Chanda Bennett, Land Development, discussed the Resolution Rescinding the Rida/ChampionsGate Development of Regional Impact Development Order. She reviewed the land uses. She said that staff recommends approval. John Adams, applicant, said this is eliminating an integrated development order and eliminating the potential for conflicts. He said he is available for questions and he agrees with staff. The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson Page 11 of 12 ANNOUNCEMENTS Minutes: Meeting adjourned at 11:15 a.m. Page 12 of 12