Polk County Board of County Commissioners

Meeting Minutes - Final

June 06, 2023 Regular BoCC meeting

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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)

REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE

HEARD

C.1. Johnathan Smith to discuss Waste and Recycling changes.

Minutes: Jonathan Smith said he is here to talk about the unrealistic guidelines for the

waste collection. He asked why are they rewarding these services for performing poor

services for us for years. He said this is making it harder for the taxpayers. He asked if

there are other solutions other than raising taxes and lowering services. He said people

will be stacking things up in their backyard, will wait to haul to the dump and will be

double taxed. He said there will be fire hazards because people will burn this in their

backyard. He discussed the difficulty in cutting the yard waste. He said not everyone

will be able to haul the yard waste.

Chair Lindsey said this is a work in progress, it will be measured over time and

monitored, and adjusted accordingly.

C.2. Lisa Butler, Hallam Preserve HOA President, to discuss Waste and Recycling

changes.

Minutes: Lisa Butler was not present.

C.3. Joan Pezzani to discuss flooding in Imperial Lakes.

Minutes: Joan Pezzani gave a copy of an e-mail between her and Jay Jarvis on

flooding in Imperial Lakes. She discussed flooding and said this is their only way in and

out on Imperial Lakes Boulevard. She discussed the boulevard being closed and said it

floods on a regular basis. She said when they have rain they cannot get in or out. She

said she is worried and she discussed vehicles being stuck.

C.4. Comments.

Minutes: Luis Cruz discussed the flooding in Imperial Lakes. He said in an emergency

they cannot go out and he does not have a pick-up truck to go through it. He said he

does not want to see anyone lose their life because an emergency vehicle cannot

come through.

Chair Lindsey said this community was developed over 50 years ago at a standard that

is not a standard today. He said this Board is well-aware of everything and the

situation. He said they have made it a priority to address it as quickly as possible. He

said they have engineered plans in design and said they have dedicated $12-14 million

in ARP funds for this. He said he would hope seeing construction within the next year

and he said maybe they can expedite the process.

David Kolodski asked when the last time the drainage ditch off the boulevard was

cleaned. He said it is a 900-foot drainage ditch. He invited everyone to come to his

house. He said he has a retention pond that has not been touched in seven years. He

said the drainage ditch is overgrown. He said the retention pond and drainage ditch

need to be cleaned and then they will not need to spend $14 million.

Joan Pezzani spoke for Teresa Christie. She said they need quick fixes, they need to

build a trench and put a pump in. She said they would love to have another way out of

this area. She asked where does the tax money go and she discussed the

assessments from Imperial Lakes. She said people are walking through water.

Terry Jones asked when the community meeting will be held.

County Manager Bill Beasley said the notices went out and a date and time has been

set for the meeting.

Roads and Drainage Director Jay Jarvis will provide Mr. Jones with the meeting

information.

Chair Lindsey said the idea is to have a community forum for a consensus.

Commissioner Combee said at some point someone needs to respond on the Imperial

Lakes issue.

Chair Lindsey said the long-term solution is in design and permitting. He said the

short-term solution is for Mr. Jarvis to investigate the ditch and the retention pond. He

confirmed from Mr. Jarvis that the ditch is not the county's ownership and responsibility.

Mr. Jarvis said that ditch and the pond is under the ownership of the Belmont

Development. He said it is an HOA responsibility and should be owned and maintained

by the HOA. He said he will reach out to the HOA. He said the certification has

changed and it is spread out; he said they can get with the Water Management District.

Chair Lindsey said they will expedite permitting on our side.

Marian Ryan said they would like assurance that the full 0.2 mills will be assessed for

the environmental lands program. She said some of the language in the ordinance has

added to their concern giving the impression that less than 0.2 mills is possible.

APPROVE CONSENT AGENDA

Consent Agenda.

Move Consent Agenda Item R. 14 LGBTQ + Pride Month to the Regular Agenda for

discussion.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Combee, Santiago, and Wilson

Approve the balance of the Consent Agenda

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA)

E.1. Disbursements.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

E.2. Minutes of Regular Board meeting held on May 16, 2023.

RESULT: APPROVED

Martha Santiago

Neil Combee

Lindsey, Braswell, Combee, Santiago, and Wilson

MOVER:

SECONDER:

AYE:

COUNTY ATTORNEY (RANDY MINK)

G.1. Proposed Fiscal Year 2023-2024 budget for the Bridgewater Community

Development District.

Minutes: County Attorney Randy Mink discussed the 2023-2024 budget for the

Bridgewater Community Development District.

Chair Lindsey recused from voting.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Rick Wilson

Braswell, Combee, Santiago, and Wilson

Lindsey

Recused:

R.14. LGBTQ + Pride Month

Minutes: Commissioner Combee said he would like to discuss this. He said this issue

gets more divisive by the day. He said we can continue the way we are going or decide

to get out of the business of proclaiming lifestyles talking about sexual orientation. He

said it is heading to a place where he does not want to go. He said when people start

saying men can get pregnant and men can have babies he is going to protect as many

people as he can from that. He said we represent 800,000 people and for him to

celebrate and embrace it when he does not know what it means. He said he wants to

say on the record for his grandchildren that he is not going along with this any longer.

Commissioner Braswell said this has gone too far, has gotten too silly and it is a

divisive issue.

Commissioner Wilson said he agrees and we get caught in a situation they shove it

under the table because they don't want to hear the consequences. He said he has

had enough and it is not our place to promote this, do your thing and we have a job to

do.

Commissioner Santiago said she does not have a problem with this on the Consent

Agenda.

Commissioner Braswell said the most divisive issues have been proclamations. He

said proclamations should be sponsored by a Commissioner in support. He said he

does not like having things on the Consent Agenda. He said to discuss this at the next

Agenda Review.

Chair Lindsey said he agrees with Commissioner Santiago. He said we make the

assumption that everyone in this community holds extreme views of some

organizations and that certainly is not the case. He said he does not find anything

offensive with the first "Whereas Polk County Florida is part of a global community in

which people of diverse cultures, races, creeds, genders and sexual identities must

work together towards peace and understanding of each other". He said he does not

find anything offensive with this proclamation. He said we make it as divisive as we

choose.

COUNTY MANAGER (BILL BEASLEY)

H.1. Confirm appointment of Mr. Dale Henderson to serve as Polk County’s Waste &

Recycling Division Director.

Minutes: County Manager Bill Beasley discussed the appointment of Mr. Dale

Henderson to serve as Polk County's Waste and Recycling Division Director. He

discussed his qualifications. He requested Board approval.

Mr. Henderson said he is excited about the opportunity to serve Polk County. He said

his intention is to build upon the assets and resources already in place, to address and

solve challenges head-on, and deliver world-class services. He thanked the Board for

the opportunity to serve.

Upon question, Mr. Henderson said he owns no shares and has no interest in any solid

waste company or entity.

Commissioner Braswell said he is stepping in to a buzz-saw with collection, contract

negotiations, and changes on the landfill. He said he is looking forward on his

perspective. He congratulated him.

Chair Lindsey said we look forward to working with him.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Bill Braswell

Lindsey, Braswell, Combee, Santiago, and Wilson

H.2. Approve the Infrastructure Agreement between Forestar (USA) Real Estate

Group Inc. and Polk County for Eloise Loop Road and West Lake Eloise Drive

Intersection ($429,008.34 One Time Expense).

Minutes: County Manager Bill Beasley discussed the Infrastructure Agreement

between Forestar (USA) Real Estate Group Inc., for Eloise Loop Road and West Lake

Eloise Drive Intersection. He recommended approval.

Upon question, Roads and Drainage Director Jay Jarvis said they are trying to get a

final walkthrough with our Land Development group to release the improvements that

are being done. He said they anticipate it opening next week. He said they did not want

to open it up with issues and have to shut it down again. He said this is the final

payment for the removal and replacement of materials and he said they are putting in

an under-drain system. He said it has to be finalized and then the company will be

reimbursed for their cost. He said this is two weeks behind schedule due to the rains.

He said this is not related to Thompson Nursery Road. Discussion followed on the

location.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Rick Wilson

Lindsey, Braswell, Combee, Santiago, and Wilson

H.3. Approve Consultant Services Authorization 18-065-02 with Hazen and Sawyer,

P.C. for the Northeast Regional Wastewater Treatment Facility Dewatering

System Expansion project. ($484,000 not-to-exceed, one-time expense)

Minutes: County Manager Bill Beasley discussed the Consultant Services

Authorization 18-065-02 with Hazen and Sawyer, P.C. for the Northeast Regional

Wastewater Treatment Facility Dewatering System Expansion project.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

COMMISSIONER DISTRICT 2 (RICK WILSON)

I.1. Commissioner Wilson Comments.

Minutes: Commissioner Wilson had no comments.

COMMISSIONER DISTRICT 3 (BILL BRASWELL)

J.1. Commissioner Braswell Comments.

Minutes: Commissioner Braswell said today is D-Day. He said on June 6, 1944, a lot

of Americans gave their life for a lot of people they did not know. He said it is good to

remember that. He said if you were 18 years old then you would be 96 today and there

are very few of those people left. He said they were the greatest generation of this

country and they deserve all the respect we can give them.

COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO)

K.1. Commissioner Santiago Comments.

Minutes: Commissioner Santiago had no comments.

COMMISSIONER DISTRICT 5 (NEIL COMBEE)

L.1. Commissioner Combee Comments.

Minutes: Commissioner Combee had no comments.

COMMISSIONER DISTRICT 1 (GEORGE LINDSEY, CHAIR)

M.1. Chair Lindsey Comments.

Minutes: Chair Lindsey said he attended the Polk Fire Rescue ceremony with

Commissioners Wilson and Combee. He said there were 76 in the class and it was the

largest class in the history of Polk County Fire Rescue. He said it was a very

impressive class of young men and women moving up the ranks and coming into Fire

Services. He said those skills were put to the test recently with a mobile home fire that

resulted in life saving efforts. He said he is proud of all of them.

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 2022-21 Minute Maid Mixed Use US 27 RHX and

TCCX) (Adoption Hearing) to consider the adoption of a Large-Scale

Comprehensive Plan Amendment to change the Future Land Use designation

on 27.19 +/- acres from 8.42 +/- acres of Employment Center-X (ECX) and

18.77 +/- acres of Tourist Commercial Center-X (TCCX) to 20.1 +/- acres of

Residential High-X (RHX) and 7.09 +/- acres of Tourist Commercial Center-X

(TCCX) in the North Ridge Selected Area Plan (SAP) and the Green Swamp

Area of Critical State Concern.

Minutes: Ben Ziskal, Land Development Director, showed slides and reviewed the

proposed land use amendment. He said the Planning Commission and staff

recommend approval. He said there were no comments from the Department of

Economic Opportunity.

The Chair opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Rick Wilson

Lindsey, Braswell, Combee, Santiago, and Wilson

PUBLIC HEARINGS

Minutes: Chanda Bennett, Land Development, introduced their interns Bryan Padilla

and Kayla Duy.

Chair Lindsey encouraged expanding the intern program.

P.1. Public Hearing (LDCPAL 2022-25 Moore Road Fire Station) (Adoption Hearing),

a Large-Scale Comprehensive Plan Amendment to change the Future Land Use

designation on 4.01+/- acres from Residential Low-X (RLX) to Institutional

INSTX) in the Urban Growth Area (UGA), Polk City Special Protection Area

(SPA) within the Green Swamp Area of Critical State Concern.

Minutes: Erik Peterson, Land Development, showed slides and reviewed the proposed

land use change. He said it was approved by the Planning Commission.

The Chair opened a public hearing.

Larry Burbank said he lives on Moore Road and said this is right at his door. He said

they go by with their sirens and lights and asked what is going to be the difference.

The Chair closed the public hearing.

Assistant Fire Chief Rick Parnell said they want to be a good neighbor and they use the

minimum when in neighborhoods. He said they are in the process for more specific

guidelines. He said there is no sense in the middle of the night when there is no traffic

to turn the sirens on.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Combee, Santiago, and Wilson

P.2. Public Hearing (LDCU-2023-3/Tails of the Wild CU) to consider the approval of

Conditional Use to allow a Wild or Exotic Animal Breeding, Boarding, and

Rehabilitation Facility in the Green Swamp ACSC. (No Fiscal Impact)

Minutes: Erik Peterson, Land Development, showed slides and said the applicant is

requesting a conditional use to allow a Wild or Exotic Animal Breeding, Boarding, and

Rehabilitation Facility in the Green Swamp ACSC. He reviewed the site plan. He said

that staff recommends approval. He said this is consistent with the Comprehensive

Plan and the Land Development Code.

Upon question, Mr. Peterson said it is on a four-acre site and the compatibility is

density. He said the two other facilities are the Elephant Rehabilitation on Old Grade

Road and Safari Wild on Moore Road; he said all are in the green swamp. He said this

is a rehabilitation facility and it is not a zoo. He said the use is for taking care of

animals. He said it is regulated by the Florida Fish and Wildlife (FWC). He said this is a

smaller facility. He confirmed that the use is compatible.

Commissioner Combee said that his concern is traffic and ingress/egress. He said that

people on SR 33 cannot get out of their driveways.

Jarrod Davis, applicant, said they have looked at several properties. He said they have

no interest to get bigger. He said it is regulated by FWC, the USDA and the number of

enclosure sites. He said this is to provide a service. He said they turn animals away all

the time and they are careful in how they manage that. He said visitors are by

invitation and they stay quiet on what they do because they do not want to have more

people or traffic. He said they are non-profit and take donations.

The Chair opened a public hearing; no one spoke.

Commissioner Combee said the site is small and it is not the ideal location.

Commissioner Santiago said this is not the right area.