Board of County Commissioners

Polk County Board of County Commissioners Meeting Minutes - Final September 03, 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 Dr. William DeHart, Chaplain, Polk County Fire Rescue PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR) C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD C.1. Joshua Macon - Drainage/Flooding Issue in Eagle Lake Minutes: Joshua Macon was not present. C.2. Comments. Minutes: Richard Nutt addressed the Board concerning the state's voter roll database and voter history from the 2022 general election. He said he is not an official spokesperson for United Sovereign Americans, but he is a dedicated volunteer troubled by the finding of this research. He said not all votes were counted in the 2022 general election. He discussed the lawsuit that was filed by United Sovereign Americans and various other parties filed in federal court against Secretary of State Court Byrd and Attorney General Ashley Moody. He proposed a resolution that will call to an end of the inaccuracies that undermine our elections. He said adopting this resolution would demonstrate the Board's alignment with the concerns and uphold voter integrity. He began reading the proposed resolution for a legally valid 2024 general election into the record. Page 1 of 13 Becky Nutt continued reading the proposed resolution into the record. Aaron Rye continued reading the proposed resolution into the record. Royal Brown III continued reading the proposed resolution into the record. Bobby Dees discussed the proposed resolution that was just read into the record. He said it outlines significant inaccuracies from registration to certification. He said this resolution calls for meaningful actions to proactively protect the 2024 general election. He said laws are being overlooked and they need the Board's leadership. He said the current voting system is failing to deliver accurate and trustworthy results. He discussed the issues that could happen if nothing is done. He said official government data validates these concerns. He said government representatives have not been transparent. He said this right has been fiercely defended for years. He discussed the United Sovereign American's website and urged everyone to visit unite4freedom.com. He thanked the Board for their time and attention. Commissioner Combee said he appreciates all the work that they have put in to this presentation. Commissioner Combee made a motion to adopt the proposed resolution that was read into the record; Commissioner Wilson seconded the motion. Commissioner Combee said he does not see any harm in this resolution. He said it seems to be timely and appropriate. Commissioner Lindsey said he sympathizes with the motivation and the concerns. He discussed the issues that have been found within the election system. He said their representation of the resolution exceeds the Board's authority. He said he has no personal knowledge of this resolution and is not willing to put his name on it. He suggested in lieu of the motion they direct staff to draft a resolution; he said the resolution exceeds their guidelines. He said this Board can go on record to call for fair, open, and honest elections. He said they can give this draft to the staff and bring back something that is more concise that everyone can agree on. He said as written he cannot embrace this resolution. Chair Braswell clarified the vote as 3/2; Chair Braswell, Commissioner Combee and Commissioner Wilson voted in favor; Commissioner Santiago and Commissioner Lindsey voted in opposition. Adopt proposed resolution that was read into the record. RESULT: APPROVED MOVER: Neil Combee SECONDER: Rick Wilson AYE: Braswell, Combee, and Wilson NAY: Lindsey, and Santiago Page 2 of 13 Comments. Minutes: Diane Borders said she is here about the drainage issues that they have in her community. She said she has a couple houses in Highland Park and all of the roads in this area have drainage issues. She said her neighbor has been before the Board concerning this issue also. She said she is here to ask for help. She said the county has been out there previously. She said he has spoken with Deputy County Manager Ryan Taylor about this. She discussed the resident who filled in the swale after the county dug it out. Chair Braswell instructed the County Manager to instruct the Director of Roads and Drainage to get out there and get this figured out. Upon question, Ms. Borders said the swales are in the right-of-way. Cassandra Richards addressed the Board concerning the issues with flooding in her area. She said the county will dig the swales out but residents will come and fill it in with sand. She said some people do not care that this is a violation. She addressed Commissioner Wilson and said he is the Commissioner for this area. She invited him to their community meeting held every second Monday at 8:30 p.m. at the Mary Campbell Community Center in Highland Park. She said they are cleaning up this community. Commissioner Wilson discussed the county's swale and said they are trying to get them cleaned out. He said people should not be filling them back in and that is not the way things work. He said County Manager Beasley will get this taken care of. Roxanne Groover, Florida Waste Onsite Association, said she is here for informational purposes. She discussed the closure of BS Ranch. She said she is here to speak about the issues with this closure. She said the county has over 100,000 onsite sewage treatment disposal systems. She discussed the number of new permits that have been issued. She reviewed the proper maintenance that these sites require; she said there are approximately 20,000 systems that would need to be serviced annually. She said the county needs to be able to properly discharge about 85,000 gallons per day of septage. She said the Board and this industry have a responsibility to properly service the citizens of Polk County. She said these numbers are for residential only. She discussed availability at the landfill. Jeff Mann addressed the Board concerning staff and his recent meetings. He said he is tired of the hostile demeanor from the staff and others. He said they have to do something for the community because they are the ones who are going to suffer. He discussed the cost of pumping out someone's tank. He said they are asking the county to work with them so they can come up with stop-gap measures to service the citizens. He said he came with investors and a plan to build a plant 4 years ago. He said he could have had it up and running within 7 months. He said 2026 is a long way away when it comes to pumping tanks out. D. APPROVE CONSENT AGENDA Page 3 of 13 D. APPROVE 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: Rick Wilson SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson E.2. Minutes of Regular Board meeting held on August 20, 2024. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H. COUNTY MANAGER (BILL BEASLEY) H.1. Approve Interlocal Agreement for Countywide Transit System with the Lakeland Area Mass Transit District ($4,178,000 expense) Minutes: County Manager Bill Beasley discussed the Interlocal Agreement for Countywide Transit System with the Lakeland Area Mass Transit District (LAMTD). He recommended approval. Upon question, Mr. Beasley said one of the conditions of the Interlocal Agreement is compliance with all applicable LAMTD federal and state rules. Upon question, Commissioner Lindsey said they need two Commissioners as members on the LAMTD Board. He said the county created the district because it was beyond the city limits of Lakeland. He gave background information on which districts have served on the Board. Commissioner Combee said that previous to that there was one member from the County Commissioners that sat on the LAMTD Board and it was him. RESULT: APPROVED MOVER: George Lindsey SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson Page 4 of 13 H.2. Approve the Hatchineha Ranch Mitigation Bank Credit Purchase and Deposit Agreement with The Nature Conservancy to purchase 3.47 State Only Forested Uniform Mitigation Assessment Method (UMAM) credits to offset wetland impacts associated with the proposed development of a project known as Marigold Avenue Widening Project, CIP Amendment and Budget Transfer ($433,750.00 one-time expense/transfer) Minutes: County Manager Bill Beasley discussed the Hatchineha Ranch Mitigation Bank Credit Purchase and Deposit Agreement with The Nature Conservancy to purchase of 3.47 State Only Forested Uniform Mitigation Assessment Method (UMAM) credit to offset wetland impacts associated with the proposed development of a project known as Marigold Avenue Widening Project, with a CIP Amendment and Budget transfer. He recommended approval. Commissioner Combee said he does not know what State Only Forested means. He said many of these are privately owned and are for profit. He asked what happens when those credits are gone and if there is a perpetual fund that will maintain these forever. Commissioner Wilson discussed the permit process. He said there is an unbelievable amount of guidelines they are required to follow. He said he is sure there is something in place for this issue but it would be good to have someone in here to talk about this . Roads and Drainage Director Jay Jarvis discussed the process for establishing a mitigation bank. He said it will set up what the criteria is, credit availability and it is setup to maintain these lands in perpetuity. He discussed the state and federal mitigation credits. Upon question, Commissioner Wilson said a lot of this land does not need to be maintained. He discussed the construction phase and the purchasing of wetlands. He said that land will be designated wetlands from now on. He said nothing will happen to that land. RESULT: APPROVED MOVER: George Lindsey SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.3. Approval of Amendment to Agreement between the Polk Regional Water Cooperative (PRWC) and Polk County for the PRWC Heartland Protection and Sustainability Project, Polk County Alternative Water Supply Receiving Facilities (Project 6), for which the Florida Department of Environmental Protection (FDEP) awarded state funds via grant Agreement Number LPA0212 (not to exceed $416,098 reimbursable expenses). Minutes: County Manager Bill Beasley discussed the amendment to agreement between the Polk Regional Water Cooperative (PRWC) and Polk County for the PRWC Heartland Protection and Sustainability Project, Polk County Alternative Water Supply Receiving Facilities (Project 6), for which the Florida Department of Environmental Protection (FDEP) awarded state funds via Grant Agreement Number LPA0212. He Page 5 of 13 recommended approval. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.4. Approval of Amendment No. 1 to Spectrum Enterprise Service Agreement between Polk County and Charter Communications Operating, LLC and two associated service orders for a fiber optic-based Internet service solution to 28 water and wastewater treatment locations (estimated $200,000 annual recurring and one-time $7,000 installation costs). Minutes: County Manager Bill Beasley discussed Amendment No. 1 to Spectrum Enterprise Service Agreement between Polk County and Charter Communication Operating, LLC, and two associated service orders for a fiber optic-based internet service solution to 28 water and wastewater treatment locations. He recommended approval. RESULT: APPROVED MOVER: George Lindsey SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson I. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY) I.1. Commissioner Lindsey Comments. Minutes: Commissioner Lindsey had no comments. J. COMMISSIONER DISTRICT 2 (RICK WILSON) J.1. Reappoint Brooke Agnini as a Member (Seat 5) of the Planning Commission for the three-year term, October 25, 2024 through October 24, 2027. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson J.2. Commissioner Wilson Comments. Minutes: Commissioner Wilson had no comments. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) K.1. Commissioner Santiago Comments. Minutes: Commissioner Santiago had no comments. Page 6 of 13 L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) L.1. Commissioner Combee Comments. Minutes: Commissioner Combee asked what stop-gap measures the county can facilitate until the county has an operational waste facility plant. He discussed the number of people in Polk County who have septic tanks and said the county has a responsibility. Mr. Beasley discussed the meeting that Mr. Mann referred to and said there were discussions on stop-gap measures at the southwest or northwest plant. Utilities Director Tamara Richardson said they are looking at options of putting something in quicker but it can only be temporary due to the needed upgrades to accept sewage on a long term basis. She said they are looking into doing this at the northwest site. She said they could possibly bring it on 6 months sooner. She said they will look into this and bring back a report to the Board. Planning and Development Director John Bohde said any of the options are going to take time due to permitting. He said it could take a year to get a permit for the northwest site. He said the other options are having the county provide a truck for truck-to-truck transfers or for the county to provide tanks at the landfill that the haulers could come and dump into the thanks. He said the county would then be responsible for the disposal. He discussed the challenges with capacity at the landfill. He said none of the options are the best. Upon question, Mr. Bohde said the laws have changed at the state level and haulers were able to land apply in the past. He discussed the land apply process. He said there is not an option that is not going to add cost to the haulers. He said their facility is based on 100,000 gallons. He said the facility is proposed to be done at 100,000 gallons based on research conducted by talking to the haulers. County Manager Bill Beasley said they feel the proposed plan is sized to accommodate the private sector as well as the leachate quantities at the landfill. Commissioner Combee said this will cost more no matter where you take it. He discussed the land spreading that was shutdown by FDEP. He said BS Ranch was optimal in location only and nothing else. He said there are plenty of people who are concerned about the future of that facility long term. Commissioner Wilson said this has been on the radar and coming for years. He said costs will increase. He said Polk County is not the only one who has to come up with a solution. He said these haulers are in business and he has given them some solutions for this issue. He discussed the tanks that Mr. Mann has at his facility. He said this has been going on for a long time. He discussed the two plants in Polk County that have been shutdown for mishandling. He said Polk County needs to do this but the cost can get out of hand. He said the county is spending millions of dollars to help out the haulers and the citizens of Polk County. He said the haulers need to step up and do something to help themselves out combined with the county. Page 7 of 13 Commissioner Santiago said there is not anything that the county can do by tomorrow. She discussed the time frame of the completion of the plant. She asked if they should put something in writing concerning this issue. She discussed the comments by Mr. Mann concerning angry staff. She said the reality is there is nothing they can do right now and she does not want the public thinking that they are doing nothing. She said the haulers probably knew this was coming and they should have prepared for it also . She said the industry needs to understand that there is nothing that they can do immediately. Upon question, Mr. Beasley said he would be glad to put something out publicly. He said he will draft a letter for the Board. Commissioner Lindsey said they have dedicated $6 million in state and federal funds to this issue which is not of the county's making. Commissioner Combee discussed the plants that were not doing things correctly. He asked to Mr. Mann's point, is there a location in Polk County where the county would issue a permit for a private septage treatment facility. Mr. Bohde said the Board would be required to approve any application for a facility like this. He discussed the site on 640 that has an approved Class 1 type landfill; he said a facility could go there. He said a facility was pursued there that Mr. Mann was involved with but nothing came of it. He said the Board has not voted on a single application. He said they have had 3 applications submitted but they have withdrawn. Upon question, Mr. Bohde said the application process would take several months. M. COMMISSIONER DISTRICT 3 (BILL BRASWELL, CHAIR) M.1. Reappoint Clifton Garcia as a member of the Sidewalk Advisory Committee for the three-year term, October 1, 2024 through September 30, 2027. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson M.2. Chair Braswell Comments. Minutes: Chair Braswell had no comments. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 Minutes: County Attorney Randy Mink reminded the audience of the procedures for public hearings and expedited hearings. He swore in those that plan to speak. O.1. Public Hearing (LDCPAL-2024-2 Wahneta “Main Street Commercial” CPA Amendment Overlay) (Transmittal Hearing) to allow neighborhood commercial Page 8 of 13 uses in residential and institutional land use designations. (No Fiscal Impact)..body Minutes: Erik Peterson, Land Development, showed slides and discussed the proposed nonresidential land use designations. He said staff recommends approval. Chair Braswell opened a public hearing; no one spoke. RESULT: APPROVED MOVER: George Lindsey SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.2. Public Hearing (LDCPAL-2023-11 US 27 NR SAP ECX) (Adoption Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 29.69+/- acres from Professional Institution-X (PIX) to Employment Center-X (ECX) and amend Policy 2.131-Q4, M, c (a) to delete the new driveway access prohibition to US 27 within the Transit Supportive Development Area (TSDA), Transit Corridor and Transit Center of the Transit Centers and Corridors Overlay. (No Fiscal Impact) Minutes: Erik Peterson, Land Development, showed slides and reviewed the proposed land use changes. He said the Planning Commission and staff recommend approval. Chair Braswell opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.3. Public Hearing (LDCPAS-2024-8 Banana Lake ROS) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Residential Suburban (RS) to Recreation Open Space (ROS) on ±8.82 acres, within the Suburban Development Area (SDA). (No Fiscal Impact) Minutes: Erik Peterson, Land Development, showed slides and discussed the proposed future land use map changes. He said the Planning Commission recommended approval. Upon question, Mr. Peterson discussed the process for new parks. Chair Braswell opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.4. Public Hearing (LDCPAS-2024-9 CR 540A ROS) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Page 9 of 13 Future Land Use designation from Residential Low (RL) to Recreation Open Space (ROS) on ±39 acres, within the Transit Supportive Development Area (TSDA). (No Fiscal Impact) Minutes: Erik Peterson, Land Development, showed slides and discussed the proposed future land use map change. Chair Braswell opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Neil Combee SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.5. Public Hearing (LDCT-2024-11 LDC Chapter 9 Text Amendment) (Adoption Hearing) to amend multiple sections of Chapter 9 (No Fiscal Impact). Minutes: Erik Peterson, Land Development, showed slides and discussed the proposed Land Development Code Text Amendments. He said the Planning Commission recommended approval. Chair Braswell opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.6. Public Hearing (LDCT-2024-16 W Pipkin Road Text Amendment) to modify Appendix E, (subsection F.) the original conditional requirements (1st Reading). (No Fiscal Impact) Minutes: Erik Peterson, Land Development, showed slides and discussed the proposed text amendment. He said this is a first reading; no action is required. Chair Braswell opened a public hearing; no one spoke. O.7. Public Hearing (LDCT-2024-15 Access via Easement Text Amendment) (First Reading) to modify LDC Section 705.B for access via easement. (No Fiscal Impact). Minutes: Erik Peterson, Land Development, showed slides and discussed the proposed text amendment. He said this is a first reading; no action is required. Chair Braswell opened a public hearing; no one spoke. O.8. Public Hearing (LDCT-2024-12 SPD Changes Text Amendment) (First Reading) to conform Suburban Planned Development (SPD) standards in Section 303, Conditional Uses; Section 403.01, the Wahneta Neighborhood Plan; and Section 505, Polk City SPA in the Green Swamp ACSC with other Planned Development standards. (No Fiscal Impact). Page 10 of 13 Minutes: Erik Peterson, Land Development, showed slides and reviewed the proposed Land Development Code text amendment. He said the Planning Commission recommended approval. He said this is a first reading; no action was taken. Chair Braswell opened a public hearing; no on spoke. P. PUBLIC HEARINGS P.3. Public Hearing to consider adoption of an Assessment Resolution setting the rate of collection and approval of the Non-Ad Valorem Assessment Roll for the 2024 Local Provider Participation Fund special assessment, and authorizing the County Manager to execute Letters of Agreement with the State of Florida Agency for Health Care Administration. (no fiscal impact) Minutes: Commissioner Lindsey requested this item be called out of order. Deputy County Attorney Sandra Howard discussed the adoption of an Assessment Resolution setting the rate of collection and approval of the non-ad valorem Assessment Roll for the 2024 Local Provider Participation Fund Special Assessment, and authorize the County Manger to execute the Letters of Agreement with the State of Florida Agency for Health Care Administration (AHCA). Chair Braswell opened a public hearing. Danielle Drummond, Lakeland Regional Health President, expressed her support and appreciation for the Board's work with local hospitals to obtain these funds. She thanked the County Manager and his staff for their work on this provider assessment. Upon question, Ms. Drummond said this requires an annual approval from the Board. County Manager Bill Beasley said this is the third year the county has been doing this. He said they receive the numbers from the State AHCA agency. He said this program continues to do wonders. He said in doing this it artificially inflates the Board's budget by millions. Tim Clark, Advent Health President, expressed his support for this rate resolution. He said private hospitals in the county provide critical needed healthcare services. He thanked the Board for their continued support. RESULT: APPROVED MOVER: George Lindsey SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.1. Public Hearing to consider adoption of an ordinance amending Polk County Ordinance 2018-073, the Polk County Government’s Retiree Insurance Benefits Ordinance, as amended. (Estimated initial range of savings to the County is between $46,000 and $185,000) Page 11 of 13 Minutes: County Attorney Randy Mink reviewed the proposed ordinance amending Polk County Ordinance 2018-073, the Polk County Government's Retiree Insurance Benefits ordinance. He recommended approval. Chair Braswell opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Rick Wilson SECONDER: George Lindsey AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.2. Public Hearing to consider adoption of an ordinance amending Polk County Ordinance 13-069 to address residential recycling collection changes. Minutes: County Attorney Randy Mink reviewed the proposed ordinance amending Polk County Ordinance 13-069 to address residential recycling collection changes. He recommended approval. Chair Braswell opened a public hearing; no one spoke. RESULT: APPROVED MOVER: George Lindsey SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.4. Public Hearing to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption to an expanding business, Publix Super Markets, Inc., and approval of a Performance Agreement with the company. Minutes: Deputy County Attorney Sandra Howard discussed the Economic Development Ad Valorem Tax Exemption to an expanding business, Publix Super Markets, Inc., and approval of a Performance Agreement with the company. She recommended approval. Chair Braswell opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.5. Approve Polk County Bonus Incentive (PCBI) Grant for Project Pomelo, an existing company in Lakeland. ($250,000 expense over seven years) Minutes: Deputy County Attorney Sandra Howard discussed the Polk County Bonus Incentive Grant (PCBI) for Project Pomelo, an existing company in Lakeland. She said they meet the required qualifications. Page 12 of 13 Upon question, Ms. Howard said the PCBI funds are paid in arrears; she said the company will have to invoice the county and show proof of the job creation. Chair Braswell opened a public hearing; no one spoke. RESULT: APPROVED MOVER: George Lindsey SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson ANNOUNCEMENTS Minutes: Chair Braswell adjourned the meeting at 10:24 a.m. Page 13 of 13