Board of County Commissioners

Polk County Board of County Commissioners Meeting Minutes - Final January 03, 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. Recognize Fire Rescue’s EMS Accreditation from the Commission on Accreditation of Ambulance Services (CAAS). Minutes: Chair Lindsey said the men and women of Fire Services are first class people who do a first class job and put their lives on the line everyday. He said they do the work that none of us are equipped to do and he said they have total dedication to their occupation. He said he is proud of them and they set such high standards each day not knowing what they will find. He said it is important getting over the call and getting ready for the next one. He said it touches home when a national organization recognizes that accreditation. He presented the Commission on Accreditation of Ambulance Services to Dr. Paul Banerjee and Fire Chief Hezedean Smith. Fire Chief Smith said this is for not the Fire Department alone but is for the community. Page 1 of 9 He said we are proud that we are one of less than 40 fire-based EMS systems that have been recognized for the accreditation. He said it would not be without the team and the work that Dr. Banerjee and the chief staff has put together. He thanked the Board for their support. Dr. Banerjee said this is teamwork and thanked the Board for their support. He said it takes a lot of hours and dedication and he is very proud of our crew. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD C.1. Comments. Minutes: There was no one from the public wishing to speak. D. APPROVE CONSENT AGENDA D.1. Approve Consent Agenda. RESULT: APPROVED MOVER: Bill Braswell 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: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson E.2. Minutes of Regular Board meeting held on December 20, 2022. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson G. COUNTY ATTORNEY (RANDY MINK) G.1. Approve the release of a warranty and surety in the amount of $60,888.40 in the form of Maintenance Bond No. 6135008472 for Enclave at Lake Myrtle. (No fiscal impact) Minutes: County Attorney Randy Mink discussed the release of a warranty and surety for Enclave at Lake Myrtle. Page 2 of 9 Chair Lindsey recused from voting. RESULT: APPROVED MOVER: Neil Combee SECONDER: Bill Braswell AYE: Braswell, Combee, Santiago, and Wilson Recused: Lindsey H. COUNTY MANAGER (BILL BEASLEY) H.1. Adopt resolution accepting unanticipated revenue establishing budget for Emergency Rental Assistance and Emergency Solutions Grant Rapid Unsheltered Survivor Housing funds (7,567,865.00 one-time revenue). Minutes: County Manager Bill Beasley discussed the resolution accepting unanticipated revenue establishing the budget for Emergency Rental Assistance and Emergency Solutions Grant Rapid Unsheltered Survivor Housing funds. He recommended approval. Mr. Beasley confirmed that the three companies will work through the program to assist citizens. He said they have until September 2025 to allocate the funds. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.2. Approve Tri-Party Agreement for HOME-ARP (American Rescue Plan) Loan Funding for Florence Place Apartments. ($2,000,000 one-time expense) Minutes: County Manager Bill Beasley discussed the tri-party agreement for HOME-ARP loan funding for Florence Place Apartments. Geoff Harlan, Blue Sky Communities, showed slides and gave an overview of the project. He discussed the sources and the uses of the funding. He reviewed the site plan, unit layouts and the timeline. He thanked the Board for their support and said they appreciate Polk County providing affordable housing. Mr. Beasley said this is another example of the county's commitment to affordable housing. He recommended approval. Chair Lindsey said this is a quality team with a quality project. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson I. COMMISSIONER DISTRICT 2 (RICK WILSON) Page 3 of 9 I.1. Commissioner Wilson Comments. Minutes: Commissioner Wilson wished everyone a Happy New Year and said he hopes they had a great holiday. J. COMMISSIONER DISTRICT 3 (BILL BRASWELL) J.1. Appoint Eddie Hall as a member of the Lakes Access Advisory Committee, for the three-year term ending November 16, 2025. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson J.1. Commissioner Braswell Comments. Minutes: Commissioner Braswell said Eddie Hall has been confined to a wheel chair since he was a kid. He said he met him a year ago and a wheel chair does not mean anything to him. He said he started an organization with 20-30 boats and they are able to put wheelchairs on the boat. He said they have a project where they have EcoRover wheelchairs; he said it gets them out and it is a great program. He said he is a good guy and they are going into Lake Hancock and fishing. Mr. Beasley said staff is exploring how to acquire and/or place all-terrain type wheelchair access devices within some of our park venues. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) K.1. Commissioner Santiago Comments. Minutes: Commissioner Santiago wished everyone a Happy New Year. L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) L.1. Commissioner Combee Comments. Minutes: Commissioner Combee said people in North Lakeland are talking about how wet it has been. He said there is a lot of water that has not been pumped on orange groves that no longer exist, is no longer viable, and the water is staying in the ground. He said there are a lot of things that have changed in his lifetime for phosphate. He said he is trying to figure out what is going on. He asked if someone can look at water levels and monitoring wells and give them a run-down of what has happened historically. He said it is a good news item if the aquifers are holding up. County Manager Bill Beasley said he can approach the district and see if they can give the Board an update. M. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY, CHAIR) Page 4 of 9 M.1. Chair Lindsey Comments. Minutes: Chair Lindsey wished everyone a Happy New Year. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 Minutes: County Attorney Randy Mink reminded the audience of the procedures for public hearings and swore in those who plan to speak. O.1. Public Hearing (LDCPAL 2022-8 TAD in OC Text Amendment) (Adoption Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change Policy 2.109 and 2.125 regarding Transitional Area Developments (TAD) in the Office Center (OC) Future Land Use designations. (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal discussed the proposed text amendment. He said that staff recommends approval. The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Neil Combee SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.2. Public Hearing (LDCT-2022-8 TAD in OC LDC Text Amendment) (Adoption Hearing) to consider an ordinance relating to Transitional Area Developments (TAD) in the Office Center Future Land Use designation. This case is related to LDCPAL-2022-8. (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal discussed the proposed text amendment. He said that staff recommends approval. The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.3. Public Hearing (LDCPAL 2022-11 ChampionsGate MUX CPA) (Transmittal Hearing) to consider the adoption of a Large-Scale Comprehensive Plan map and text amendment and companion Land Development Code text amendment (LDCT-2022-18) to change Future Land Use designation on 81 +/- acres from Residential Low-X (RLX), Employment Center-X (ECX), and Office Center-X (OCX) to Mixed Use-X (MUX) and create an overlay for the ChampionsGate Development of Regional Impact (DRI) in the Ronald Reagan Selected Area Plan. (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal discussed the proposed map and text amendment. He said that staff recommends approval. Page 5 of 9 The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.4. Public Hearing (LDCT-2022-18 ChampionsGate MUX LDC Text Amendment) (First Reading) to consider an ordinance adopting a text amendment to the Ronald Reagan Selected Area Plan in Chapter 4 of the Land Development Code to create the new MUX, add it to the use table, add development conditions, and reference the ChampionsGate Development of Regional Impact (DRI). This case is related to LDCPAL-2022-11 which is a Map and Text amendment for a Future Land Use designation change on 81 +/- acres from Residential Low-X (RLX), Office Center-X (OCX), and Employment Center-X (ECX) to Mixed Use-X (MUX) in the Transit Supportive Development Area (TSDA) in the Ronald Reagan Selected Area Plan (RRSAP), and amend policies in the RRSAP for the new MUX and reference the ChampionsGate DRI.. (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal discussed the proposed text amendment. He said that staff recommends approval. The Chair opened a public hearing; no one spoke. P. PUBLIC HEARINGS P.1. Public Hearing (LDCPAL 2022-6 Auburndale Business Park Old Dixie HWY BPC) (Adoption Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation change from Residential Low (RL) to Business Park Center (BPC) on 98.64 +/- acres, a text amendment to Section 2.135 Parcel Specific Future Land Use Map Amendments with Conditions in the Comprehensive Plan, and LDCT-2022-13 a Land Development Code text amendment to Appendix E Parcel Specific Future Land Use. (No Fiscal Impact) Minutes: Chanda Bennett, Land Development, showed slides and presented this with case LDCT 2022-13. She reviewed the proposed land use change. She said that staff recommends denial. She said if the Board adopts this they recommend that they adopt the Land Development Code text amendment and said the applicant has ensured proper buffering. Tu Mai, applicant, said that there were no comments from the Department of Economic Opportunity (DEO). She requested Board approval. The Chair opened a public hearing; no one spoke. Ms. Bennett confirmed that this Board previously approved transmittal and that DEO had no comments. RESULT: APPROVED Page 6 of 9 MOVER: Neil Combee SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.2. Public Hearing (LDCT-2022-13 Auburndale Business Park LDC Text Amendment) (Adoption Hearing) to consider an ordinance adding development standards to Appendix E of the Land Development Code for property subject to LDCPA 2022-6 which is a Future Land Use designation change from Residential Low (RL) to Business Park Center (BPC). (No Fiscal Impact) Minutes: This case was presented with the previous hearing. RESULT: APPROVED MOVER: Neil Combee SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.3. Public Hearing (LDCPAL 2022-7 Crescent Valley CR 547 RMX) (Adoption Public Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 153 +/- acres from Residential Low-X (RLX) to Residential Medium-X (RMX) in the Urban Growth Area (UGA) and the North Ridge Selected Area Plan (SAP). (No Fiscal Impact) Minutes: Chanda Bennett, Land Development, showed slides and reviewed the proposed land use change. She said at the transmittal hearing the Board only transmitted the property on the north side of Crescent Valley Road. She said that staff recommends a partial approval for the nodes that fronted County Road 547 and the Board transmitted Residential Medium on the north side. Upon question, Ms. Bennett confirmed that on the south side the issue was the road and she said there are several residential homes there. She said there are other large lots in the surrounding area. She said they strongly recommend the applicant not access Crescent Valley Road. She said if they submit a Level 2 Review to access Crescent Valley Road that by the Code they cannot deny them. She said to give access through Node 1 and Node 4 is recommended for denial. She said if they go above seven units to the acre they will be back before the Board. She said there are peat mines and when she was there they were wet. She said they have to meet the LDC requirements for storm water retention and impacts to the drainage system. Dave Carter, applicant, said they have no intention of coming out on Crescent Valley Road and they will access the northern section by the county road. He said they have met with several of the homeowners. He said the darker areas on the map are old peat mines and most are wet and have standing water. He discussed the flood study and the flood plain. He requested Board approval. The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Neil Combee Page 7 of 9 AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.4. Public Hearing (LDCPAL 2022-5 Vistas at Davenport CPA) (Adoption Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 56.51 +/- acres from Leisure Recreational-X (ECX) to Residential Medium-X (RMX) in the Urban Growth Area (UGA) and in the North Ridge Selected Area Plan and the Transit Corridors and Centers Overlay (TCCO). (No Fiscal Impact) Minutes: Robert Bolton, Land Development, was sworn in by County Attorney Randy Mink. He showed slides and reviewed the proposed land use change. He said that staff recommends approval. He and said this is consistent with the Comprehensive Plan and the Land Development Code. Logan Opsahl, showed slides, and gave an overview of the project. He said the access point will be on the northern side. He said FDOT is suggesting a turning lane and they will put the access point on the north side for separation between the two entrances . He said staff found this compatible with the surrounding area and he said is consistent with the Comprehensive Plan. Upon question, Mr. Opsahl said they will put in a turning lane and it will be a requirement from FDOT. He said they are communicating with the project to the south for emergency access and not permanent access. The Chair opened a public hearing. Joan Aquitato discussed her property and said they are getting squeezed. She discussed concerns with traffic and said the turn lane will be on top of her property. She discussed noise and asked for a buffer wall. She showed where her property is located. Chanda Bennett, Land Development, she said there are no buffer requirements if it is single-family to single-family. She said if it is multi-family to single-family it could be type B or C buffering. She said there are no wall requirements and is optional. Mr. Opsahl said it would be multi-family town homes and there would be buffering. He said they will be happy to work with Ms. Aquitato. The Chair closed the public hearing. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson ANNOUNCEMENTS Minutes: Meeting adjourned at 10:06 a.m. Page 8 of 9 Page 9 of 9