Board of County Commissioners

Polk County Board of County Commissioners Meeting Minutes - Final March 04, 2025 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. (RICK WILSON, CHAIR) INVOCATION Murphy Hanley, Polk County Fire Rescue Chaplain 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: Troutman, Wilson, Braswell, Santiago, and Scott E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) E.1. Disbursements. RESULT: APPROVED Page 1 of 8 MOVER: Martha Santiago SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott E.2. Minutes of Regular Board meeting held on February 18, 2025. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott H. COUNTY MANAGER (BILL BEASLEY) H.4. Confirm the appointment of Shawn Smith to serve as Polk County Fire Rescue Services Director (Fire Rescue Chief). Minutes: County Manager Bill Beasley discussed the appointment of Shawn Smith serving as the Polk County Fire Rescue Services Director. He said he is recommending that he be appointed as the permanent Fire Chief effective today, March 4, 2025. Fire Chief Shawn Smith said he is honored to serve as Fire Chief. He thanked the Commissioners, and County Manager Bill Beasley, Deputy County Manager Joe Halman, Dr. Banerjee, the Fire Rescue family, and his family for their support. He thanked Jesus Christ. He said it is faith, family and fire and that is what he stresses to his organization. He pledged passion and integrity in everything that he does. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott H.1. Approve Amendment No.3 to Agreement 2022-077, with Wright-Pierce, Inc. to provide Part 4 construction administration services for the Northeast Regional Wastewater Treatment Facility Expansion from 6.0 MGD to 9.0 MGD. ($9,658,092.00 one-time expense) Minutes: County Manager Bill Beasley discussed Amendment No.3 to agreement 2022-077, with Wright-Pierce, Inc., providing Part 4 construction administration services for the Northeast Regional Wastewater Treatment facility expansion from 6.0 Million Gallons Daily (MGD) to 9.0 MGD. He recommended approval. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott H.2. Approve agreement with Black & Veatch Corporation to provide Part 1 engineering services for improvements to the southwest regional wastewater treatment facility. ($3,100,586.00 one-time expense) Page 2 of 8 Minutes: County Manager Bill Beasley discussed the agreement with Black & Veatch Corporation to provide Part 1 engineering services for improvements to the Southwest Regional Wastewater treatment facility. He recommended approval. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Becky Troutman AYE: Troutman, Wilson, Braswell, Santiago, and Scott H.3. Approve the Seventh Amendment to the Cypress Lake Alternative Water Supply Agreement with the Water Cooperative of Central Florida relating to the Cypress Lake Wellfield. ($1,840,000 not-to-exceed, one-time expense) Minutes: County Manager Bill Beasley discussed the seventh 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: Bill Braswell SECONDER: Becky Troutman AYE: Troutman, Wilson, Braswell, Santiago, and Scott I. COMMISSIONER DISTRICT 1 (BECKY TROUTMAN) I.1. Commissioner Troutman Comments. Minutes: Commissioner Troutman had no comments at this time. J. COMMISSIONER DISTRICT 3 (BILL BRASWELL) J.1. Commissioner Braswell Comments. Minutes: Commissioner Braswell wished his mom a Happy Birthday and that she turns 96 today. He said for the last one to two years we have shifted to bidding everything straight out as opposed to Construction Manager at Risk (CMAR). He said as he talks to Keith and other people it is causing projects to be drug out longer and costing more money. County Manager Bill Beasley said we will talk about this at a work session. Commissioner Braswell said we need Mr. Beasley to use every tool he has to get jobs done as quickly and efficiently as they can. He said that is the best way to do it and that is what we want. Mr. Beasley said several years ago the Board seemed to gravitate back to a traditional design, bid, build concept. He said he is hearing that he is being given some latitude to use the other tools to deliver projects. He said there are a good half a dozen methods to do that, one of which is CMAR. He said we are doing that now on the northeast plant. He said he is taking it as the Board giving him the green light to be creative about Page 3 of 8 the tools that are available to deliver projects, do them faster, and hopefully cheaper . Commissioner Troutman said that is something she heard a lot as she was asking to have this job. She said we get more local people involved that live in this community and it is not just come in and bid the lowest and out they go. She said she is excited to see the tools being used. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) K.1. Commissioner Santiago Comments. Minutes: Commissioner Santiago had no comments at this time. L. COMMISSIONER DISTRICT 5 (MICHAEL SCOTT) L.1. Commissioner Scott Comments. Minutes: Commissioner Scott said he has received a lot of contacts on Mulberry's issues on water supply. He said he knows we are going to talk about that and we have some things forthcoming. He said the community deserves to know that we are aware and are working on potential tactics. M. COMMISSIONER DISTRICT 2 (RICK WILSON, CHAIR) M.1. Reappoint Daniel Haight, MD as a Member of the Citizens HealthCare Oversight Committee, representing Primary Care Physicians, for the four-year term, April 6, 2025 through April 5, 2029. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott M.2. Chair Wilson Comments. Minutes: Chair Wilson said he wants Ms. Richards to know that on our Consent Agenda Item R. 15 we had a reclassification on her road and we will be moving forward. 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. He swore in those who plan to speak. O.1. Public Hearing (LDCT-2024-21 Accessory Structures LDC Text Amendment) (First Reading) to amend Chapter 2, Section 206.A, Accessory Dwelling Units; Section 208.F, Accessory Structure Setbacks; Section 209.D, Accessory Structure Location and Chapter 9, Section 930, to add Accessory Dwelling Units. (No Fiscal Impact). Minutes: Land Development Director Ben Ziskal reviewed the proposed text Page 4 of 8 amendment. He said that staff recommends a 1,000 square feet limit for Accessory Dwelling Units (ADUs). He stated that the Planning Commission recommends that the size limitation is 50% of the size of the primary structure. He said this is the first reading and they are requesting guidance on the size limitations. Upon question, Mr. Ziskal said some of the challenges is that someone can file to parcel off a piece of their property. He said the Property Appraiser will process that subdivision and they have come across some non-conforming lots. He said they are starting with one primary structure and a second structure almost the same size; he said a petition is filed to parcel those out. He said by limiting it to 50% or 1,000 square feet, even if they were to parcel it, it would not be two holistic properties, it would be an accessory and a primary structure. He said they will work with the Property Appraiser regarding how they verify that lots are conforming with our code before they are separated. He said the limitations are so that we do not have two structures that are then parceled out without a zoning change or proper plat. He said keeping it as 1,000 square feet is treating it as an accessory. He confirmed that the 1,000 square feet is about impact fees. Planning and Development Director Ben Dunn said if there is a structure that is 1,000 square feet or under there is an impact fee but they access it as a multi-family. He stated they ran an analysis of ADUs and the average was 1,000 square feet. Upon question, Mr. Ziskal said the Planning Commission recommended 50% of the primary structure. He confirmed that the process for variances is not changing and is a straight forward process. The Chair opened a public hearing. Bobby Williams asked about the square foot limitations for a barn in his backyard. County Attorney Randy Mink stated is says accessory structure because they are dealing with dwelling accessory structures for dwelling units. The Chair closed the public hearing. Mr.Ziskal said the setbacks is for accessory structure so a shed would have a five foot set back as opposed to a zero foot setback. He said they are clarifying that accessory structures are allowed on waterside when your property is dissected by a road. All Commissioners said they would support the 1,000 square feet limitation on the ADUs. O.2. Public Hearing (LDCPAS-2024-28 Space Source Inc CPA) (Adoption Hearing) to consider the adoption of an applicant-initiated Small-Scale Comprehensive Plan Map Amendment to change the Future Land Use (FLU) designation from Development of Regional Impact (DRI) to Neighborhood Activity Center (NACX) on 7.49 +/- acres in the Poinciana DRI. (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal reviewed the proposed map amendment. He said that staff and the Planning Commission recommend approval. Page 5 of 8 The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott O.3. Public Hearing (LDCU-2024-38 South Fort Meade Mine DRI Extension) (Adoption Hearing) to consider a request to extend the current Development Order expiration date 20 years to continue processing mined material at the South Fort Meade mine on 17,508.5 +/- acres in a Rural Development Area (RDA) and Phosphate Mining (PM) Future Land Use designation. (No Fiscal Impact) Minutes: Land Development Director Ben Ziskal presented this with Item O. 4. He said the request is to extend the current Development Order and the Development of Regional Impact for 20 years to continue processing mined material at the South Fort Meade mine. He said that staff recommends approval. The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Becky Troutman AYE: Troutman, Wilson, Braswell, Santiago, and Scott O.4. Public Hearing (LDDRI-2024-1 South Fort Meade Mine DRI Extension) (Adoption Hearing) to consider a request to extend the current Development Order expiration date 20 years to continue processing mined material at the South Fort Meade mine on 17,508.5 +/- acres in a Rural Development Area (RDA) and Phosphate Mining (PM) Future Land Use designation. (No Fiscal Impact) Minutes: This case was presented with the previous hearing. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Becky Troutman AYE: Troutman, Wilson, Braswell, Santiago, and Scott P. PUBLIC HEARINGS P.1. Public Hearing to consider adoption of a Resolution Allowing for the Installation of Three Traffic Calming Devices (Speed Humps) on Shenandoah Street, Near Lakeland. (estimated $15,000.00 one-time expense) Minutes: Amy Gregory, Traffic Manager, showed slides and reviewed the request for the installation of three traffic calming devices on Shenandoah Street, near Lakeland . She said that the traffic calming policy requirements have been met. Page 6 of 8 The Chair opened a public hearing. Carol Brown said her child walks down the street to go to school. She said they desperately need the speed humps. She requested approval. Sonia Fernandez said there is traffic and speeding. She said there are no sidewalks and asked for them to vote yes. The Chair closed the public hearing. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott P.2. Public Hearing to consider adoption of a Resolution to vacate and close maintained right-of-way for Florence Avenue shown as Florence Drive on the Plat of J. A. Leslie Subdivision, Winter Haven, Florida. (No fiscal impact) Minutes: Scott Lowery, Real Estate Services, reviewed the request to vacate and close maintained right-of-way for Florence Avenue shown as Florence Drive on the Plat of J. A. Leslie Subdivision, Winter Haven. He said there are no objections to the proposed request. He said Tampa Electric has requested easements from property owners and they have complied with the request. He recommended approval. The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott P.3. Public Hearing to consider adoption of a Resolution to vacate portions of platted, and unmaintained rights-of-way as shown on the Revised Plat of Crooked Lake Subdivision, Lake Wales, Florida. (No fiscal impact) Minutes: Scott Lowery, Real Estate Services, reviewed the request to vacate portions of platted, and unmaintained rights-of-way as shown on the Revised Plat of Crooked Lake Subdivision, Lake Wales. He said there are no objections to the request. He said Duke Energy has requested easements from some property owners and they have complied with the request. The Chair opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Becky Troutman AYE: Troutman, Wilson, Braswell, Santiago, and Scott Page 7 of 8 ANNOUNCEMENTS Minutes: The Regular Board meeting concluded at 9:53 a.m. Page 8 of 8