CivicPolk County, FL › October 3, 2023

Board of County Commissioners on 2023-10-03 9:00 AM

Polk County, FL Board of County Commissioners October 3, 2023 40 minutes
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Transcript

Speaker0:16

Ladies and gentlemen, and welcome to the October 3rd, 2023 regular meeting of the Polk County Board of County Commissioners. I invite you to stand while Chaplain Murphy Hanley, Polk County Fire and Rescue, gives the invocation. Please remain standing for the pledge. Good morning. Please pray with me. Heavenly Father, your ways are higher than our ways, and your thoughts are so much greater than ours. Not one day of our lives is more or less important to you, and no one person is more or less important to you. In your perfect way, you hear every voice, every prayer, every plea for help, and every shout of praise. So we ask you to hear this prayer today and to lead us and guide us today and always in your purpose and plan for our lives. And I ask this prayer in Jesus' name. Amen. Amen. I pledge allegiance to the light. Our first order of business is a proclamation, and I'll turn it over to Ms. Butterfield for introduction. Good morning, Commissioners. If Chief Judge and Mr. Williams will join me and County Attorney, if you would read our proclamation, please. Yes, Mr. Chair, I'll read the proclamation. Whereas in 2022, more than 2,609 domestic violence injunction cases were filed in Polk County, and whereas many resources are available to help domestic violence victims, including injunctions for protection, restraining orders, protective injunction force abusers by law to stop abuse or threats against domestic violence victims, prevent abusers from carrying near or contacting victims or making abusers leave the home or give temporary custody of children to the victim. Further, the penalty for an abuser that violates an injunction is arrest. And whereas injunctions are filed through the clerk and comptroller at no cause to the individual in need. And whereas injunctions can be filed in person at the Bartow Courthouse, dedicated domestic violence advocates are available to help applicants through the process. And whereas injunction paperwork can also be prepared online using our DIY resources on polkcountyclerk.net and filed online through the Florida Courts e-filing portal. These online resources are free and available 24 hours a day, 7 days a week. And whereas those in need of protection are urged to contact the Polk County Clerk's Office for guidance and help in processing injunction applications. And whereas since 2006, Polk County jurors have donated over $100,000 to Peace River Center's Lakeland Domestic Violence Shelter from the jury compensation. And whereas Polk County joins with others across the nation and local groups, such as the Domestic Violence Task Force and Peace River Center Victim Services in supporting victims of domestic violence increase in public awareness to send a clear message to abusers that domestic violence is not tolerated in Polk County. And whereas all residents are encouraged to provide assistance and help bring domestic violence to an end. Now therefore be it proclaimed that the Board of County Commissions of Oak County, Florida in regular session duly assembled does hereby proclaim the month of October as Domestic Violence Awareness Month. Thank you, Mr. County Attorney. And thank you, Board members, for your recognition of this month as October as recognition of Domestic Violence Awareness Month. As the proclamation stated, last year we saw over 2,600 cases filed in our office. Thankfully, this number has decreased from the previous year by almost 1,000. So that's exciting news to me. It's crucial that we remain committed to this awareness and taking action to support our community. We have numerous resources available, as you heard in the proclamation, including a DIY center in our office across the street, as well as many online tools that people can access from any computer site or actually a mobile phone. We provide assistance. We have our advocates standing by each day to help those. Sometimes it's a very scary time in their life, and they're looking for that support and assistance as they move forward. I want to express my heartfelt gratitude to those staff members that work every single day to make that happen, to support those individuals. And as well, we have 24 hours assistance available seven days a week. This year holds a special significance. As the proclamation read, jurors that are serving their jury duty and doing their civic duty can donate their compensation, if eligible, to the domestic violence shelter program. And we have exceeded the $100,000 mark in donations to the shelter. So I want to thank those jurors, our community, for their incredible generosity. I'd like to highlight some of our attendees today. We have with us our Honorable Chief Judge, Chief Judge Yancey of the 10th Judicial Circuit. We have Nick Sedina, who's our court administrator for the 10th Judicial Circuit. You'd think I'd get it right. I've said judicial circuits often lately. And then our administrator, Larry Williams, from the Peace River Center. He's the executive officer as well as the president, and he is on the Domestic Violence Task Force. We also have staff from all of those offices, including my office. So thank you very much, because you are the ones that make it happen and are there to assist those survivors of domestic violence. I would encourage everyone to join forces as we spread the word to help end the domestic violence and to raise that awareness through our resources, because collectively, together, we can make a difference. So at this time, if it's all right, board members, I'd like to bring up the staff and our team and have a wonderful picture for us. Thank you. Stacey, let me just say. Oh, yes, Chief Judge, after I want to see if he has. Thank you. I'm going to be much more brief. Stacey's covered most of it. First of all, I want to thank the commission for the proclamation. Obviously, domestic violence is a serious, ongoing issue, and we appreciate your recognition of it. I'd also like to recognize all the folks involved, as Stacey has. It is a large group of people, whether it's court personnel, clerk personnel, Peace River, or other folks that are involved in all of the issues, myriad of issues, I might add, of domestic violence. As a judge, before I became Chief Judge, I served three separate tours of duty in the Family Law Division, which included domestic violence, over about a 10- or 11-year period. I have presided over probably hundreds to thousands of these cases, and I can tell you that a lot of them are very serious, very problematic issues we deal with every day, and I appreciate our staff, judges, lawyers, everybody involved in it. Thank you. Mr. Chairman. Mr. Chairman, if I could just mention it. You may remember, the board remembers, Stacey, you may not remember, but just recently the county commission made a quarter of a million dollar financial commitment, capital commitment, to facility improvements at the Lakeland Domestic Violence Shelter. So that says an awful lot for our commitment to that facility. Yes, sir. Chair, board, without your help, without the community's help, without the 10th Judicial Circuit and the clerk's help, we couldn't make the domestic violence shelter go. The advocates and the workers that work in that shelter, as most of you have met, are just phenomenal, and with your help, we're going to make that shelter look a lot better. So thank you for everything you do. While they're staging, the chair will entertain a motion to approve the proclamation. So moved. Motion to second. Any discussion on the motion? All those in favor say aye. Aye. Opposed, like signed. Motion carries. Stacey, you wanted a photo? Mr. Chairman. Yes, sir. You couldn't tell it by looking at him, but Chief Judge Ancy and I were teammates on the Dreadnought football team about 47 years ago. You could look at me and tell, but not looking at him. You're okay. Tighten up. So let's just make sure I can see everybody's face in the back if you want to shift a little bit. You might want to come to the front there. You're very nice. Yeah. Here we are. That was a good effort, though. Yeah, sure. Here we go. Ready? Perfect. One, two, three. One more time. One, two, three. Thank you. Congratulations. Thank you. Next order of business is to invite the general public to bring forth any matter they wish to bring to the board's attention. I only have one advance notice, Mr. Fred Danielle. Good morning. Just to bring you up to date where I'm at, he's going to show you a photo. It's my situation still with the property and several others in the neighborhood. This is my retention pond. My land is still half underwater. What you're seeing here is from drainage from the south of me to the left of that picture, which is west, is a ditch that's been across my property for 22 years. It is private owned by me. There is no easement. The water is coming from there because it flows from south of me towards the lake. The access to the lake has now been cut off. My property neighbor there, which put his road in for his cows, has blocked that exit. So I'm requesting that the county, please, please, for all of us out here, at least send me an engineer so I can show him what can be done to solve this problem by about 400 feet of pipe. Access to this, the landowner has already agreed to have a pipe placed. This pipe will drain back to the west that we talked before. As I have said before in the past, for three months, my neighbor pumped to that ditch and it flowed freely. So I need your help. If I don't get any help, then my only recourse is to block that access and then force the water back to them. I don't want to flood the rest of the neighbors. It's ran through there. It can be solved. And I have other pictures here. Just to update you, what you're seeing there is the wall. That subdivision that was built clearly shows the wall retained three feet of water after Hurricane Ian. It blocked three feet of water from going into that 100-acre cow pasture that was permitted to turn into a subdivision. I have a lot more of these photos. The drone, I couldn't get down there, obviously, on foot. But like I said, I got probably 20 more photos showing where the wall had blocked the water clearly from going anywhere that it used to go. So now the water level is where it's at. It's not going to change. I'm asking for help for me, my neighbors, before anything else goes on and the rest of my property continues to be flooded. Thank you. Mr. Chairman? Yes. I asked this question back when Mr. Daniel was here last time, and he's got some pictures now to prove it. But I don't know what better evidence could exist that would show that that wall, where it was placed, is taking up space where water used to be. Regardless of where the 100-year flood is, regardless of anything else, there's no other way you can explain it. When you put the wall there and the water is up on the wall and held up, that's water that would have flowed to the north, I guess. But now it can't because of the fill and the wall that's there. So I don't know what obligation or responsibility we have, if any. But, I mean, the truth is the truth. And just like I say, you can't explain that away. Any other comments? Anyone else wishing to address the board at this time? Come forward, give your name and address for the record. Seeing none, we will close as part of the agenda and move to the consent agenda. Move approval. Second. Motion to second. Any discussion on the motion? In favor say aye. Aye. Opposed, like, signed. Motion carries. Ms. Butterfield. Good morning again. Thank you. We ask for you to approve and ratify payroll checks number 02365 through 02391 in the amount of $28,784.19. We have 2,602 direct deposits in the amount of $4,037,800.25 dated September 22, 2023. We have wire and electronic fund transfers of $43,816,663.52. Those are dated September 19 through October 2, 2023. We have invoice checks numbered 445-464 through 446-380, totaling $18,924,641.76. And those are dated September 19 through October 2, 2023. Free to approve and ratify, please. Move approval. Second. Motion to second. Any discussion on the motion? All those in favor, say aye. Aye. Opposed, like, signed. Motion carries. We also request the approval of your minutes of several meetings. One is your regular board meeting that was held on September the 19th of 2023, and your two public hearings that were held on September the 11th and September the 18th of 2023, please. Move approval. The minutes. Motion to second. Any discussion on the motion? All those in favor, say aye. Aye. Opposed, like, signed. Motion carries. Anything else? Just thank you again for your time this morning for the recognition of support of domestic violence. Thank you. Yes, ma'am. Awareness. Domestic violence awareness. Sorry. Mr. Beasley. Good morning, Mr. Chair, members of the board. The manager's office will have three items for board consideration this morning. Item number H1 is to request the board to approve amendment number one to the existing agreement with Wright Pierce Incorporated to provide phase two professional engineering services for the Northeast Regional Wastewater Treatment Facility Expansion Project. This would be a one-time expense not to exceed $1,793,901. The Polk County Utilities Division has identified the expansion of the Northeast Regional Wastewater Treatment Facility as a significant priority project given the population growth and the employment growth that has occurred in our Northeast sector of Polk County. In 2015, the Northeast Regional Utility Service Area Master Plan update estimated that the Northeast plant would exceed the annual average daily flow of 6 million gallons per day just prior to 2029. However, the latest ongoing updates to that master plan indicate this plant will exceed the 6 million gallon per day permitted capacity several years sooner than the 2029 expectation dates. In response to these updates, in October of 2022, the board approved an agreement number 022-077 with Wright Pierce in the amount of $581,465.40 to provide phase one engineering services for expansion of the plant to a proposed 9 million gallon per day facility, which is anticipated to meet current wastewater demands beyond the 2040 planning horizon. This agreement provided for phase one services, which required Wright Pierce to develop a conceptual design for the expanded facility. This conceptual design would then be used to assist us with preliminary design and the subsequent final design for the facility expansion. The conceptual design work has been completed and the Utilities Division is now requesting the board to approve phase two services, which include project management, preliminary design services, and permitting services. It is anticipated that these services will be completed within 420 days. Once the phase two services are complete, another amendment will be brought back to the board for phase three services, which will include final design, bidding documents, as well as construction and administration services. Subject to the board's approval of the phase two services, the project-assigned professional services to date will total $2,375,366.40. Funds are available in the Utilities Approved Community Investment Program, specific to the Capital Expansion Fund. So, Mr. Chair, members of the board, in the interest of moving a significant Utilities Priority project ahead, I would request the board approve amendment number one to agreement 2022-077 with Wright-Pierce to provide those phase two professional engineering services in connection with the Northeast Region Wastewater Treatment Facility Expansion Project in an amount not to exceed $1,793,901. Any questions to staff? Motion for approval. Second. Motion to second. Any discussion on the motion? All those in favor, say aye. Aye. Opposed, like signed, motion carries. Mr. Chair, members of the board, item number H2, I'll get John Bode, if he would, to come up to the podium there, and Donna can help me walk through this one by the way of the diagrams. Item number H2 is to request the board to approve an intersection infrastructure agreement with Eden Garden Resorts, LLC, specific to planned improvements along a portion of Berry Road to include its intersection with Tank Road. This would be a one-time expense not to exceed $369,896. The developer, Eden Garden Resorts, LLC, is in the process of constructing single-family residential housing on a site located in unincorporated Osceola County, just east of the intersection of Berry Road and Tank Road, both roads being located in unincorporated Polk County. The developer has obtained all requisite Osceola County approvals, and the Polk Land Development Division has issued approval for connection to Polk County's Berry Road. The developer has agreed to design, permit, and construct certain roadway improvements specific to Berry Road and its intersection with Tank Road. The identified work will include road widening, resurfacing, and sidewalk construction along portions of Berry Road, and resurfacing improvements at the intersection of Berry Road and Tank Road. Subject to the board's approval, Polk County will agree to reimburse the developer actual costs for agreed-upon roadway improvements not to exceed $369,896.20. Funds are available in the Transportation and Millage Fund within the Roads and Drainage Community Investment Program identified for these specific roadway improvements. So, Mr. Chair, members of the board, I would request the board to approve the proposed intersection infrastructure agreement with Eden Gardens Resorts, LLC for those identified roadway improvements along Berry Road to include improvements at the intersection of Berry and Tank Road at a cost not to exceed $369,896.20. Any questions of staff? Entertain a motion. Second. Motion to second. Any discussion on the motion? All those in favor, say aye. Aye. Opposed, like signed, motion carries. Mr. Chair, members of the board, final item from the manager's office this morning, item number H3, is to request the board to approve a consultant services authorization with AIM Engineering and Surveying Incorporated for Traffic Signal Retiming and Intersection Analysis Services. This would be a one-time expense not to exceed $288,191.68. In an effort to improve traffic movement and reduce roadway congestion, the Road and Drainage Division, the Traffic Operations Section, has identified 39 specific intersections along seven major roadway corridors slated for traffic signal retiming and intersection analysis engineering services. While these professional services will require a wide range of data collection to include traffic volumes, turning movements, vehicle speeds, and traffic modeling, the goals of these efforts are to, one, improve travel speeds along the corridors, two, reduce motorist travel times, three, reduce accidents, four, reduce fuel consumption, and five, hopefully to postpone future roadway capacity investments if needed. The identified roadway corridors and intersections include Lakeland Highlands Road, 11 intersections, County Road 54, Ronald Reagan Parkway, 10 intersections, County Road 540A, 9 intersections, Thompson Nursery Road, 3 intersections, Eagle Lake Loop Road, 3 intersections, Eloise Loop Road, 2 intersections, and the intersection at Christina Boulevard and State Road 37. Funds are budgeted and available in the Transportation Millage Fund for these specific services. So, Mr. Chair, members of the Board, I think this is, no pun intended, good timing. I would request the Board approve the Consultant Services Authorization Number 2022-082-2 with AIM Engineering Service and Surveying Incorporated to provide traffic signal retiming and intersection analysis services along those specified roadways and intersections at an expense not to exceed $288,191.68. Mr. Chairman? Yes, sir. As a part of the analysis, Mr. Beasley, will they look at equipment that's not there that would improve timing and movement? I mean, I know they're going to look at the equipment that is there and making adjustments to that, but would they say, hey, this is what you could use here to really make the situation better? Mr. Chairman, I think Jay can add to this. Certainly, we're going to put out counters. We're going to be able to determine what kind of volume of traffics are at these various intersections, what kind of turning movements are created at these intersections. With some traffic modeling can better determine how better to optimize the signalization, the timings, and the controls on those signals. But there may be some hard infrastructure, Commissioner Cumbie, that doesn't exist that might be identified that could go a long way to improve movement through the intersection. I was wondering if that was the scope of services included, that's what I'm, maybe Jay can tell me. Yeah, good morning. For the record, Jay Jarvis, Roads and Drainage Director. Yes, we will be looking at what improvements can be made, whether that's interconnection of the signals for the timing. Some of these may be interconnected. Some of them just may be just the timing of the intersection. So, yes, those things, the improvements will be part of that. Yes, sir. Thank you, Mr. Chairman. I move a move. Mr. Chair, I have a vote. Yes, ma'am. I know there are other roads that need this kind of analysis. So, is this the beginning of an ongoing evaluation of roads and traffic signals? Yes, ma'am. Okay. So, we're going to be seeing this coming before the board? You should on those major corridors as the area continues to develop. Yes, ma'am. Okay. Thank you. Any other questions? We have a motion and a second. Second. Mr. Chair, I don't know. I don't believe we ever got a second. Ms. Santiago did. Yes, sir. Okay, thank you. Any further discussion? All those in favor of the motion, say aye. Aye. Opposed, like, sign. Motion carries. Anything else, Mr. Beasley? That's it, Mr. Chair. Mr. Wilson. Yes, I have an appointee. Jesse W. Law, as a member of the Polk County Sidewalk Advisory Committee for a two-year term, beginning October 1st, 2023, to September 30th, 2025. Second. Motion to second. Any discussion on the motion? All those in favor, say aye. Aye. Opposed, like, sign. Motion carries. Anything else? No, that's all. Ms. Santiago. Thank you. I make a motion to appoint Tanya, Equity, and PH as the member of the Polk County Sidewalk Advisory Committee for the two-year term, October 1st, 2023, to September 30th, 2025. Second. Motion to second. Any discussion on the motion? All those in favor, say aye. Aye. Opposed, like, sign. Motion carries. Nothing else. Mr. Convey? I have nothing, Mr. Chairman. My only comment is to bring attention to the Breast Cancer Awareness Month for the month of October. We go to expedited hearings, and Mr. Wilson is wearing the pink shirt, pink tie. We got, we got. Mr. County Attorney, expedited hearing process. You won't, we need to wait until 9.30 for these, these were noticed. Well, by the time you get through the reading, it'll be 9.30 somewhere. I'll read slowly. Read slowly. First, Mr. Chair, I'll go through the public hearing general procedures. We ask that you please turn off your cell phones or other devices that may distract from the public hearings. Please adjust the microphone and state your full name and address for the record before you begin speaking on a topic. Individuals speaking during public comment section of a matter will be strictly limited to three minutes. The Board is experiencing these matters and is able to discern what is legally relevant to an issue and what is not, information that is relevant, repetitive, only serves to frustrate and necessarily prolong the day's business. The Commission expects civility at all times during all public hearings. Speaking out of turn, shouting out from the audience, the respectful sounds or utterances while another is speaking are unacceptable, and you will be asked to leave the Chamber's for the remainder of the day. If a person decides to appeal any decision made by the Board with respect to any matter, consider here today you will need a record of the proceedings, and for that such purposes, you 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, which you must gather at your own expense. Anyone in the audience who wishes to speak or present testimony today must be sworn in. All testimony given during public hearings shall be deemed to be sworn. At this time, if you're going to address the Commission or speak on any case today, please stand, raise your right hand, and answer out loud to the following question. Do you swear or affirm that the testimony or evidence you provide to the Commission today is the truth, the whole truth, and nothing but the truth? At this time, Mr. Chair, I will go through the expedited hearing procedures. Expedited hearings are held pursuant to Resolution No. 2022-089. Expedited hearings are used when no opposition was present at the Planning Commission hearing. The applicant agrees to the expedited hearing, and recommendation of the Development Review Committee is for approval. Expedited procedures are the following. After staff briefly introduces the case, the hearing will be open for public comment. If anyone speaks during public comment, the applicant will be given the opportunity to respond. After public comment, the board will consider the land use case. At any time, a full presentation from staff can be requested from a commissioner, the applicant, or a member of the public. All documents attached to the agenda item are deemed part of the record of the land use case. Unless removed from the list of experts by motion of the board, all individuals on the list of experts attached to the agenda item are deemed experts for the purpose of the land use case. At this time, Mr. Chair, I believe it is close to 930, and I'll turn it over to Mr. Siskel. Siskel, you've got 11 seconds before 930. How you doing? Good morning. How are you doing? Doing well, sir. How's your family? They're great. Good. October treating you well. It is, indeed. Boom. It's 930. Thank you, Mr. Chairman, for the record. Ben Siskel, land development director. We have three items on your expedited public hearing agenda today. First is item 01, which is an expedited public hearing for case LDC-PAL 2023-5-3, five-acre rounding error CPA, to consider a text amendment to the comprehensive plan to amend regulations regarding density and lot size in the rural and suburban land use categories. The current regulations require five acres. This regulation dates back to the time when surveys created sections in the county which totaled 640 acres, and dividing a section of 640 acres into tracks gave you a round number of five acres. However, as the county has continued to develop, and infrastructure, including roadways, have been built throughout the county, and technology has improved, we have found that, in fact, some of these sections were created at a size less than 640 acres, which creates a number of lots that are slightly less than five acres coming in somewhere in the 4.99, 4.97, 4.95 range. And under strict interpretation of our comprehensive plan, those lots are not buildable. This amendment will provide relief in the form of recognizing the smaller sections and allowing development to count existing right-of-ways into their calculation. This is the second reading of this particular ordinance. The ordinance was transmitted to the Department of Commerce, and we received no comment. So following any comments today, this is an adoption hearing, and staff recommends approval. Any questions of staff? Ladies and gentlemen, this is a public hearing on the matter described. If you wish to speak on this matter, please come forward at this time, give a name and address for the record. Seeing none, we'll close the public hearing and entertain a motion. Move approval. Second. Motion and second. In discussion on the motion, all those in favor say aye. Opposed, like, signed, motion carries. Mr. Chairman? Yes, sir. Let me say, this is one of those times when government gets something right. Oftentimes, we get things right, but this is one that really makes so much sense. And I thank you and the board members for doing this. It's something we should have done a long time ago. But you just don't think about it. But somebody's brought it to our attention. But thank you, everybody. It's kind of heartbreaking to see somebody with 4.9 acres, and you're like, no, you can't get a permit. It's like, oh, my goodness. Mr. Chairman, item number 02 is an expedited public hearing of case LDCT 2023-5, a five-acre rounding error text amendment to consider an amendment to the Land Development Code regarding the five-acre requirements in rural and suburban development. This is a companion item to item 01. This is also an adoption hearing. And following any public hearing or testimony today, staff recommends approval of item 02. Any questions to staff? Ladies and gentlemen, this is a public hearing on the matter described. If you wish to speak on this matter, please come forward at this time. Seeing none, we will close the public hearing and entertain a motion. Move approval. We have a motion to second. Any discussion on the motion? All those in favor, say aye. Aye. Opposed, like signed. Motion carries. Mr. Chairman, item number 03 is an expedited public hearing for case LDCT 2023-13 to consider adoption of a county-initiated text amendment regarding accessory dwelling units. The intent of this ordinance is to streamline the code and the language regarding accessory dwelling units. Current code has specific definitions and regulations for different types of accessory dwelling units, including guest houses, garage apartments, mother-in-law suites, and others. This amendment will streamline to one definition and will provide consistent regulations for any accessory dwelling unit. This is the second hearing, and following any public testimony today, staff recommends approval of this item. Any questions to staff? Ladies and gentlemen, this is a public hearing on the matter described. If you wish to speak on this matter, please come forward at this time. Seeing none, we will close the public hearing and entertain a motion. Motion for approval. Second. Motion to second. Any discussion on the motion? All those in favor, say aye. Aye. Opposed, like signed. Motion carries. Mr. Chairman, that concludes the expedited portion. We now move to the regular public hearing, and Eric Peterson will be the case planner for item P1. Good morning, Commissioners. Eric Peterson for the Land Development Division. We have one request to extract some property from a CDD that was approved several years ago. The applicant is requesting removal of approximately 14.48 acres from the CDD north of Holly Hill Grove Road, east of Country Walk Circle, west of U.S. 27, south of Holly Hill Grove Road, number 3, in Section 19, Township 26, Range 27. Okay. This is just a very large CDD. It's approximately 609 acres, and after this extraction will be 595.1. It is in the county jurisdiction. A portion of it is ECX, a portion of RMX. That's not going to change at all with this change. It's in the county's utility service area. As you can see, part of the CDD has begun to develop to the north, but no funds or infrastructure have been built to support this piece of property, so it is free and clear. On July 11, 2023, the CDD board voted to extract the property, and it comes before you. With that, I'll stand for questions. Any questions? The staff. Ladies and gentlemen, this is a public hearing on the matter described. If you wish to speak on this matter, please come forward at this time. Seeing none, we'll close the public hearing and entertain a motion. Second. Motion and a second. Any discussion on the motion? All those in favor, say aye. Opposed, like, sign. Motion carries. Good morning. This is Wade Allen, your real estate services administrator. The county has received a petition from Sammy Mendendez Santiago to vacate a portion of platted and unmaintained right-of-way shown as Dixie Highway and Pomona Drive on the plat of Pomona Heights and the replat of Pomona Heights, Polk County, Florida, Subject Ride-of-Ways and Lines, Section 9, Township 27, Range 27. The platts recorded in 1925 and 1928 respectively dedicated to the public various rights-of-way throughout the platts. Petitioner has requested the vacation of the platted rights-of-way shown as Dixie Highway and a portion of Pomona Drive of said platts in order to assemble his property. The county staff contacted adjacent property owners to the north and south, and Mrs. Patricia Ann Alford, the owner of the property to the north, objects to the vacation as her property is not within the subject plat and would not receive any benefit or any additional right-of-way from the vacation. Basically, the other property owners have been contacted, and they have no objections with the exception of the property owner. You'll see Williams communication there just south of Petitioner. They have objected to the petition on the grounds of that they may need the vacated right-of-way in the future, but they have no time frame for that vacation, and this is becoming a standard statement from that group on just about all the vacations we've contacted them on. So they were noticed as for today, and I'm not sure if anybody's here. But as you can see from this location right here that I'm pointing to, this would be the subject vacation that they would have, would not see any negative at this point in time to the vacation. The original petition, I'll just show you this area right here, was the original petition. Staff has included this portion to the south only because it would be basically useless after this vacation. Century Link has objected, and like I say, they do not have a time frame for anything in the future. The other utility providers of the appropriate county divisions have been notified and have no objections, or, for instance, in this case, the Duke Energy requested an easement, which the petitioner have complied with, and also the city of Davenport requested a, I'm sorry, the city requested a portion of, for their drainage, their utility infrastructure, and they've already received that easement as well. Staff recommends the board adopt a resolution to vacate the platted, unmaintained rights away, as shown on the platter, Pomona Heights, and the replat of Ponoma Heights, as fully described in the legal description attached to both the petition and the resolution, and I will stand for any questions that you might have. Any questions of staff? Mr. Chairman, I understand this is unopened and unmaintained. Does it go north or south beyond what we're looking at here? No, not on this. No, sir, it doesn't. No? No. Okay. All the more reason to close it. Yeah, that's correct. And just for purposes, and I'm going to date myself, this is Mystery House Road here. I was not able to get Scooby-Doo or the mystery van to show up today, but anyway. Any other questions? Ladies and gentlemen, this is a public hearing on the matter described. If you wish to speak on this matter, please come forward at this time. Seeing none, we will close the public hearing and entertain a motion. Move approval. Motion to second. Any discussion on the motion? All those in favor, say aye. Aye. Opposed, like sign. Motion carries. Thank you very much. Anything else? Anything else? Yes, sir, Mr. Chair. Commissioners, we are adjourned.