SUBJECT
title
Approve Agreements for Land Use Hearing Officer Services with (1) Boswell & Dunlap LLP; and (2) Janet McDonald.($150 per hour of service)
body
DESCRIPTION
Section 975 of the Polk County Land Development Code authorizes the Board to appoint qualified land use hearing officers who have the authority to conduct hearings regarding applications for variances and special exceptions, to decide appeals of administrative decisions and determinations, and to perform any other tasks or take any other action authorized by the Code, as may be amended, or by resolution of the Board. Planning and Development requested Procurement solicit applicants to serve as land use hearing officers to conduct public hearings for select cases. Request for Information (RFI) 25-590 Land Use Hearing Officers was issued and two applicants submitted resumés. The committee met on Wednesday, October 22, 2025, to discuss the resumés submitted. The committee decided to appoint the following applicants:
Janet McDonald Lakeland, FL
Seth Claytor (Boswell & Dunlap) Bartow, FL
Staff was authorized to enter into negotiations with the applicants at the November 4, 2025 Board meeting. The applicants identified above will serve as land use hearing officers to conduct public hearings for select cases and make final decisions on appeals currently reviewed by the Polk County Board of County Commissioners and County Manager. The two applicants will rotate monthly, alternating hearing assignments. They will also handle appeals on a rotational basis and/or serve as alternates in the event of a conflict or other circumstance preventing attendance at their scheduled hearing. Each hearing officer will be compensated at a rate of $150 per hour for actual time spent at hearings, as well as for actual time spent outside the hearing that is germane to the hearing of a case, such as review of staff reports and drafting written orders.
The proposed agreements provide for a two-year term beginning January 1, 2026 and concluding December 31, 2027, with an option for either party to terminate for its convenience upon 30 days’ written notice.
RECOMMENDATION
Request Board approve and authorize the Chairman to sign the two (2) proposed Agreements for Land Use Hearing Officer Services with (1) Boswell & Dunlap LLP; and (2) Janet A. McDonald, respectively.
FISCAL IMPACT
Funds will be budgeted and made available in the General Fund for Land Development.
CONTACT INFORMATION
Noah Milov
Assistant County Attorney