April 16th, the Board of County Commission meeting. We'll start off with the invocation followed by the pledge. If you'll please stand and Mr. Holman. Let's pray. Oh, Lord, our God, how excellent is our name. We come this morning praying for our great county, our leaders. We pray, God, you give them the wisdom, the knowledge to lead our folks in this great county. We pray, God, that love will abide throughout this county. As decisions are made, they are given for the body at large. Bless our time together. We ask in Jesus' name. Amen. Mr. Beasley. Good morning, Mr. Chair, members of the board, members of the audience. If I could ask Reverend Dr. Rayford Harper to join me down at the center podium, please. Mr. Chair, members of the board, members of the audience, today is a special day, I think, for a lot of people, certainly for county government. Today is a special recognition of Dr. Harper, who passed away recently. This is a recognition for his services to the county. We wanted to do this posthumously because we couldn't do it any sooner. We wanted to do it sooner, but we didn't. We've been able to schedule this. I've asked the family. I've asked church members. I've asked community relations advisory council members to join us in attending today. So it's with special recognition that I'd like Candace Baker-Buford to go ahead and read that recognition. Good morning, Mr. Chair, commissioners. Resolution of respect and loving memory of Reverend Dr. Alex Harper, Sr. Though your days among us, Dr. Harper, were too brief and our grief at your loss is never ending, we draw comfort from the knowledge that you have found refuge in the Lord and in our hearts. Where no darkness or pain can touch you now, we bless you with love, light, and our gratitude. Whereas, Reverend Dr. Alex Harper, Sr. of the First Institutional Baptist Church passed away from this life on January 22, 2024. And whereas, Reverend Dr. Alex Harper was an active member of the Polk County Community Relations Advisory Council, also known as CRAC, for 22 consecutive years from 2002 to 2024. Freely gave of his time and energy as a faithful committee member, bringing wisdom and wit to the Community Relations Advisory Council, and had a lighthearted way about making his point and getting consensus on issues. And whereas, our beloved Reverend Dr. Alex Harper, Sr. exhibited qualities of compassion throughout an exemplary life, and often gave thanks to all Polk County employees for their service to the residents and to Polk County. Whereas, Reverend Dr. Alex Harper, Sr.'s legacy of commitment to volunteering and service will continue to inspire his loved ones and every member of the Community Relations Advisory Council. Now, therefore, be it resolved on April 16, 2024, that the Polk County Board of County Commissioners thanks Martha Harper, his wife of 68 years, Reverend Dr. Rayford Harper, and the entire Harper family for sharing Dr. Reverend Harper, Sr. with us for 22 years on the Community Relations Advisory Council. Thank you. Thank you. Can we get him, family, up here and get a picture? Yes, sir. On behalf, Mr. Harper, on behalf of the Board of County Commissioners, we couldn't be blessed. Polk County has clearly been blessed by having Dr. Harper pass through our ranks. He was a unique gentleman, just a classy guy, and we can't think and thank the family enough of him. So, on behalf of the county, we appreciate what you've been able to do for us. On behalf of the Board, I want to thank you. You know, I was watching, I don't know, whether it's YouTube or news channel or whatever, and they were talking about how important it was to form these community relation committees, and it was, you know, it was like up in Tennessee or somewhere like that. They don't even have this, you know, we're decades ahead. We understand the importance of community, communications, talking to each other. It's critical to a good society to function that way, you know. And I want to just say thanks to you, your family, everybody that was involved. He was a great man, 22 years. 22, was it? 22 is a long time. It's a long time for a career, much less a volunteer service job like that. But if you guys would come on up. Anybody else want to say anything? Give me a moment. Thank you, Mr. Chairman. I just want to say, am I on? Yes. Okay, I just want to say that I've been part of the Community Relations Advisory Council since becoming a commissioner six years, and I met Dr. Harper then. And one of the things that I've enjoyed the most about him, besides his sweet personality, he met no stranger at any time, was his wonderful prayers. I mean, his prayers were like, I wish we would have all taken notes of all his prayers, or I wish you had some kind of notebook of all the prayers that he said, because they're absolutely wonderful. 22 years dedicated to a committee is amazing. I don't think I know anybody else in Polk County that has served a community for 22 years like Reverend Harper. So congratulations to him, to the family. Thank you so much for allowing us to share him with us. Well, let me just say good morning, first of all, to you. And on behalf of our family, I want to say thank you for this day of recognition. Thank you very much. Okay, thank you. Thank you so much. I do want to say, lastly, that time is so precious and passing so fast that we never know the day nor the time. So let us always take an opportunity, whenever we can, to say thank you to people. And I always say, especially given the flowers, why they can smell them. God bless you all, and thank you so much again. Thank you. Anybody want to get a picture up with me? Yeah. Yeah. Come on, everybody. Mr. Chair, if I could also say that this is the spitting image of his dad. If you've ever met Mr. Harper Sr., that is him right there. Come on back this way. Come on back up. We can get everybody. His son needs to come up. Get him up here. Come on. I say he's your son because he looks up. Yeah, listen. I'll give you a girl in a couple of years. Take three, okay? Here we go. Hold up. Y'all sit tight. Watch out, Jeff. Watch out. Watch out, Jeff. Who needs a phone? Thank you, all. Thank you. Thank you, guys. All right. We will move on to the employee recognitions. He's not on. Yeah. You ready? Yes, sir. All right. Let's go down. Your turn, Jeff. Good morning, Commissioners. I'm Jeff Foley, Public and Media Relations Officer for Communications. Today, we are recognizing four employees for their service to Polk County. I'd like to invite the employees to come to the front as their names are called, and then if the honorees will remain standing at the front while the commissioners return to the dais behind them, we will take a group photo at the end. First, Todd Hamm began his Polk County career 20 years ago. He is currently an asset management technician in the Roads and Drainage Division. Todd has more than 20 state licenses and certifications. But he says being ordained as a Southern Baptist minister is the most important one. He is the family pastor at First Baptist Church of Durant. Todd enjoys hunting, fishing, family time, and teaching the word of God. After retirement, he plans to continue working in ministry. Next, Betty Horak started working at Polk County 20 years ago. An herbicide coordinator for the Roads and Drainage Division, she has been a service worker, Operator 1, 2, and 3, a spray technician operator, and a foreman, too. Betty loves spending time at the beach with her family, which includes her husband, William, four daughters, and 12 grandchildren. Betty looks forward to working for Polk County until she is ready to enjoy retirement. Terry Lee Williamson has been with Polk County's Fire Services Division for 25 years. He began his climb to the rank of captain as a volunteer. Along the way, he has served as a driver engineer, company officer, and ladder operator. A member of the Crew of St. Florian's, a charitable organization, Terry enjoys working in his yard and fishing. In the future, he wants to buy a new boat, travel more, and take more cruises. Alan Edwards has served Polk County's residents for 30 years. He is currently a Fire Codes Inspector 3 in the Fire Services Division, and he previously worked as a part and full-time firefighter, an engineer, a fire company lieutenant, a captain, and a Fire Codes Inspector 2. Alan has been named Firefighter and Fire Officer of the Year, and he has received the Distinguished Service Award from Polk County Fire Rescue. Alan enjoys hunting and cooking on a smoker. He plans to retire later this year and move to Tennessee, where he may volunteer at the local fire department. All right, thanks. Thank you. Congratulations. All right, moving on. Ella O'Neill, this is an opportunity for the general public to address the board. Ella? Not here. Okay. Tom Palmer. Good morning. Tom Palmer, you know, 526th Street, Northwest, Winter Haven. I watched the agenda study session the other day, and I guess had a couple observations. One, I support the idea that if you're not going to recycle anymore, take the recycling off the trucks. That makes sense to me. It's always – Polk's never been really red hot on the topic anyway, so. They were talking about, you know, how to publicize the end of curbside recycling. But I think another thing you need to consider is probably the fact people will find out that their service is going down 30 percent, but their rates are going to go up 60 percent, and you may get some calls about that. And I was surprised to find out who has a blog. I'd never heard of your blog. And they had some examples of other jurisdictions, their rates. They weren't really comparable, because a lot of those have recycling programs still. And I guess it doesn't really matter. It costs what it costs. So, I mean, you know. And one thing on yard waste. I've been driving by a house at the corner of Avenue J and 28th Street Northwest for weeks, and the bags of leaves are in the side yards or the front yard, and they're still there. And, you know, this made-up, you know, four-bag-a-week thing just doesn't apply during oak leaf season. But also, for some reason, the person is putting it on their side yards or their front yard. It just sits there and sits there, and something maybe ought to be more proactive in dealing and stuff like that. Okay? Thank you. Thank you, Tom. Anyone else wish to address the board? Okay. We'll close the public comments and move on to the consent agenda. Mr. Chair, before we do the consent agenda, just to remind you, I added several items based on our discussions. Also, I did add an item on the consent agenda repealing the use of the administrative building also, so that was placed on here. Okay. Just update the board. All right. Thank you. Move approval. Second. Got a motion and a second to approve the consent agenda. Any discussion? Seeing none, all in favor say aye. Aye. Opposed, like sign. It is passed. We will now, what's the word I'm looking for? Recess. Recess and convene the Eloise CRA agency, and I need a motion to approve their consent agenda. Moved. Got a motion and a second to approve the Eloise CRA consent agenda. Any discussion? Seeing none, all in favor say aye. Aye. Opposed, like sign. We will now adjourn the Eloise CRA and reconvene the VOCC meeting with Ms. Butterfield. Good morning. Ratified payroll check. We have 2,701 direct deposits in the amount of $3,923,030.28, and those are dated April 5th, 2024. We have wired electronic fund transfers of $14,068,416, and $0.87, those are dated April 2nd through April 15th of 2024. We have invoice checks number 456872 through 458349, totaling $12,144,414, and $0.30, dated April 2nd through April 15th of 2024. For you to approve and ratify, please. Second. Got a motion and a second for approval. Any discussion? Seeing none, all in favor say aye. Aye. Opposed, like sign. Motion carries. We also request the approval of your minutes from your regular board meeting that was held on April 2nd of 2024. Second. Motion and a second. Any discussion? Seeing none, all in favor say aye. Aye. Opposed, like sign. Anybody here? Aye. Motion carries. Anything else? Yes, just one last reminder about a fantastic opportunity going on this week in my office, and that is Operation Greenlight. For anyone that has outstanding fines and court costs and fees, this is an opportunity for you to come to us, and we can recall it from the collection agencies that are required to be submitted to them by law by my office and get marked up. And that collection fee, which can range anywhere from 25% to 40% on top of the fines, can be waived. This week only, Monday through Friday, at all three of our locations, Barto, Lakeland Courthouse, and the Northeast Branch Courthouse. And we will stay open tonight as well as Thursday night until 6 p.m. to accommodate those customers for after hours. So please spread the word. It's a great opportunity. If you're driving around on a suspended license, it's very serious. You can be arrested. Having a license, of course, impacts everyone if you don't have that as far as driving, getting to school, getting to work. We can help you out. So come see us this week. We're the government, and we're here to help. We're here to help. We are here to help you comply with your court-ordered obligations and responsibilities. All right. Thank you. Nothing for Mr. Mink. Mr. Beasley. Yes, sir. Good morning, Mr. Chair, members of the board, members of our viewing audience. The manager's office will have four items for consideration this morning. Item number H-1 is to request the board approve a state-funded grant agreement and associated resolution with the Florida Department of Transportation in connection with state funding support for Phase I construction segments of the Thompson Nursery Road project. This action will secure a one-time project revenue totaling $3,276,934. In June of 2022, the board approved a professional services contract with Kimberley Horn Associates to review and update earlier design documents and create final construction bid documents for Phase I of the Thompson Nursery Road extension project at a cost not to exceed $5,088,870.83. Phase I of the project includes a proposed four-lane urban collector roadway extending from US-27 at State Road 540 to Winter Lake, excuse me, to West Lake Ruby Road. In May of 2023, the board approved an initial state-funded grant agreement and associated resolution for the Phase II portion of the Thompson Nursery Road extension project in an amount of $5 million. The Phase II project limits are from West Lake Ruby Drive to US-27. These state funds are designated in connection with planning, design, permitting, right-of-way acquisition support within the Phase II portion of the project. The county would be responsible for any cost in excess of these state-provided funds. In August of 2023, the board approved modification number one to the Kimberley Horn Professional Services contract to add Phase II professional services to the project. Phase II includes the proposed four-lane urban collector road from West Lake Ruby Road to US-27 along the existing alignment of Thompson Nursery Road. Phase II will be broken up into two subtasks. Task 5A is a project development and environment study for the new four-lane divided roadway, which includes up to three conceptual alignments in the amount of $1,092,555.64, bringing the total negotiated professional services to $6,181,426.47. Once the 5A study is complete and the preferred alignment is selected, Task 5B, which is final construction documents, will be negotiated and brought back to the board for approval. The Florida Department of Transportation has agreed to support the project with an additional $3,276,934 assigned to the U.S. 17 to West Lake Ruby Drive Phase I portion of the project. FDOT proposes to enter into a state-funded grant agreement with Polk County to provide support funds for design, permitting, utility coordination, right-of-way acquisition, and construction. The county would be responsible for cost in excess of the state-provided funds. Budgeting for these funds will be completed during the FY24-25 Community Investment Program process to be included in the existing Thompson Nursery Road Extension project. So, Mr. Chair, members of the board, in keeping with, I think, the board's commitment to addressing transportation infrastructure challenges, I would request the board to approve and authorize the chairman to execute the state-funded agreement with the Florida Department of Transportation in an amount of $3,276,934. I move. Second. Got a motion and a second for approval. Any questions, discussion? Seeing none, all in favor say aye. Aye. Opposed, like, signed. Motion carries. Thank you, Mr. Chair. Items number H2 and H3 are both connected to the County Road 557 road widening project. Item number H2 is to request the board consider approving a right-of-way agreement between Catherine S. Hart and Polk County for a property parcel identified as parcel number 125 in connection with County Road 557 road widening project. This will be a one-time project expense not to exceed $1,860,625. The county has a community investment project to improve County Road 557 to a four-lane corridor from north of U.S. Highway 1792 in Lake Alford to south of the I-4 interchange. To allow construction of the new roadway, the county will need to acquire additional right-of-way for the corridor from impacted property owners. The board had previously adopted a resolution authorizing negotiations and written offers to be made in connection with the project. Parcel number 125 is a fee parcel needed primarily for a stormwater retention pond and a floodplain compensation area as well as for mainline right-of-way in connection with the project. The parcel is an irregularly shaped parcel approximately 7 acres in size over the upland portion of the parent parcel. The parent parcel is a rectangular shaped parcel containing approximately 110 acres, less than half of which is uplands located along the east side of County Road 557, which is improved with the single-family homestead residence of the owner. The county hired an independent appraiser to establish full compensation for the taking of parcel 125. Subsequent negotiations with the owner's attorneys have resulted in the proposed settlement of $1,600,000 for the outright purchase of the parcel, along with statutory attorney's fees and expert costs in amount of $260,625 for a total settlement of $1,860,625. The county attorney's office and the real estate services administrator have reviewed the agreement and recommend approval. The alternative to acquiring this parcel through condemnation litigation, we believe, would result in substantial additional cost to the county. Approving the right-of-way agreement, authorizing the issuance of funds for the purchase, along with attorney's fees and expert costs, will allow the county to close the transaction and take ownership of the parcel for the beneficial use towards project completion. Sufficient funds are budgeted and available for the purchase of this parcel, along with applicable fees and costs within the Impact Fee District A Fund. So, Mr. Chair, members of the board, I think, again, in keeping with the board's commitment to addressing transportation infrastructure challenges, I would request the board approve the proposed right-of-way agreement for parcel number 125 and authorize the issuance of funds in the amount of $1,860,625 for the purchase, along with attorney's fees and costs, as stated, all made payable to Peterson and Myers, PA, trust account for disbursement. Motion? Second. Got a motion and a second for approval, and people wonder why roads are expensive. I think this is a good example of why. Any questions, comments? Seeing none, all in favor say aye. Opposed, like signed, motion carries. Mr. Chair, members of the board, item number H3 is to approve a right-of-way agreement between Timothy Chancey and Polk County for a property parcel identified as parcel number 135 in connection with County Road 557 Road Widening Project. This will be a one-time project expense not to exceed $448,422. Again, as it relates to the County Road 557 Plan Road Widening Project, the board previously adopted a resolution authorizing negotiations and written offers to be made in connection with the project. Parcel number 135 is a whole-take-fee parcel needed for mainline right-of-way and is part of the floodplain compensation area in connection with the project. The parcel is nearly rectangular shape containing approximately one acre located between County Road 557 and Old Polk City Road to the north of their intersection, which is improved with a mobile home residence. County hired an independent appraiser to establish full compensation value for taking of the parcel. Subsequent negotiations with the owner's attorneys have resulted in a proposed settlement amount of $400,000 for the actual parcel taking, along with attorney's fees and costs in the amount of $43,422 for a total settlement of the acquisition of $443,422. The County Attorney's Office and the Real Estate Services Administrator have reviewed the agreement and recommend approval. The alternative of acquiring this through condemnation litigation staff believes would result in substantial additional cost to the county. Approving the right-of-way agreement authorizing the issuance of funds for the purchase along with fees and costs and hiring the American Government Services Corporation to close the transaction will allow the county to take ownership of the parcel towards benefit of project completion. Sufficient funds are budgeted and available to purchase this parcel along with applicable fees and costs within the impact fee District A fund. So, Mr. Chair, members of the board, again, in expediting what we can to address some of our transportation and infrastructure challenges, I would request the board approve the proposed right-of-way agreement for parcel number 135 and authorize the issuance of funds in the amount of $443,422 for the outright purchase of the parcel, inclusive of the attorney's fees and costs, as stated. I'd also request the board approve the hiring of American Government Services Corporation to close the transaction and approve paying estimated closing costs of $5,000 for a grand total acquisition of $448,422. Second. Mr. Chair, members of the board, final item from the manager's office this morning is item H-4. It is a request that the board approve an interlocal agreement between Polk County and the City of Lake Wales for the provision of wholesale wastewater services for the Crooked Lake Park community. This action will reflect a one-time wastewater capacity charge totaling $1,047,849 and a county commitment to reoccurring monthly user fees estimated at $18,000 a month. The requisite budget transfer and community investment program amendment will also be included in today's actions. In February of 2021, the Crooked Lake Park Sewage Company, the owner and operator of a private wastewater collection and transmission system and a domestic wastewater treatment facility, which serves the Crooked Lake Park community, delivered notice to the state and the county of the company's intent to abandon the wastewater assets. In March of 2021, the state court system appointed Polk County as the receiver of the Crooked Lake Park wastewater collection system and associated wastewater treatment plan. Subsequently, the county has completed or is in the process of completing numerous rehabilitative repairs of the collection system so that it does comply with the Florida Department of Environmental Protection requirements. To reduce operating costs and the potential for costly facility upgrades and to maintain that regulatory compliance, the county is pursuing a means by which the Crooked Lake Park treatment plant can be decommissioned in the near future. Polk County desires to secure bulk wastewater services from the city of Lake Wales, which would improve overall system efficiency, reduce long-term county operating and capital costs, and leverage the city's wastewater treatment capabilities in that vicinity of unincorporated Polk County. The city is amenable to providing such services contingent upon agreed payment schedules and satisfactory construction of the wastewater connection improvements. Accordingly, Polk County is in the process of constructing a wastewater force main from the Crooked Lake Park community to an agreed-upon connection point within the city's existing wastewater system located at U.S. Highway 27 and County Road 640. The county and the city collectively agreed that the city providing bulk wastewater service to this county area will benefit both parties and will allow the county to decommission the existing Crooked Lake wastewater treatment plant in the near future. Funds totaling $1,047,849 in support of the proposed interlocal agreement are available in the county's American Rescue Plan fund and will be assigned to the Crooked Lake Park receivership project subject to the board's approval of the interlocal agreement and the requisite community investment program amendment. Monthly user fees are currently available and will be subsequently available as budgeted in the Polk County Utilities Wastewater Plant Annual Operating Budget. So, Mr. Chair, members of the board, in keeping with what I think is the board's commitment to the environment and the quality of our environment and the preservation of our environment, I would request the board approve and execute the proposed interlocal agreement with the city of Lake Wales for the provisions of wholesale wastewater services to support the Crooked Lake Park community. Today's board action will include the requisite budget transfer of previously assigned American Rescue Plan funding and an amendment to the current year community investment program. Got a motion and a second for approval. Any discussion? Seeing none, all in favor say aye. Aye. Opposed, like signed, motion carries. That's it, Mr. Chair. George. Nothing. Rick. Yes, I have an appointment of Jacqueline Codd, Esquire, as a member of the sidewalk advisory committee for the remainder of the two-year term ending September 30th, 2025. Second. Got a motion and a second for the approval. Any discussion? Seeing none, all in favor say aye. Opposed, like signed, she's approved. Anything else? Nope, nothing. Martha? Nothing. Neil? I don't have anything. All right. We posted it for 930? Yes, sir. So, we're good. Moving on. Mr. Chair, at this time, before we go into the public hearings, I'll go with the public hearing general procedures. We ask that you please turn off your cell phones and 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 the 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 irrelevant or repetitive only serves to frustrate and necessarily prolong the day's business. The commission expects civility at all times and in all public hearings. Speaking out of terms, shouting out from the audience, disrespectful sounds or unassist while another is speaking or unacceptable and you will be asked to leave the chambers for the remainder of the day. If any person decides to appeal any decision made by the board with respect to any matter considered here today, you will need a record of the proceedings and that for such purpose you may need to ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is based, which you must gather at your own expense. Anyone in the audience who wishes to speak and 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 testimony or evidence that you provide to the commission today is the truth, the whole truth, and nothing but the truth? Thank you. Mr. Chair, going through the expedited hearing procedures, expedited hearings are held pursuant to resolution number 2022-089. Expedited hearings are used when no opposition was present at the planning commission hearing. The applicant agrees to the expedited hearing and the 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 an 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 the commissioner, the applicant, or a member of the public. All documents attached to the gen 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 gen item are deemed expert for the purpose of the land use case. Now at this time, I'll turn it over to Mr. Ziskell to present the expedited hearings. Thank you, Mr. Mink. Good morning, Chairman, members of the board. My name is Ben Ziskell, Land Development Director. There are three items on the expedited portion of today's public hearing agenda. Item number 01 is an expedited public hearing for case LDCT 2024-2, townhomes LDC text amendment to consider adoption of a county-initiated request to clarify the approval process and development standards for townhome developments. As I've previously mentioned, there are two different processes in the current code, depending on whether a townhome is a for-rent community or whether it is a platted ownership fee-simple community. This amendment aims to treat all townhomes, regardless of ownership, as multifamily with regards to the land development code. This is a continuing effort to streamline the land development code for efficiency for both staff and the development community. This is an adoption hearing, and following any public comments or questions from the board, staff is recommending approval. Any questions? See you none. I'll open a public hearing. Anyone wishing to speak on this matter, please come forward. See you nobody, I'll close the public hearing and bring it back to the board. Option. Got a motion and a second for approval. Any further discussion? See you none. All in favor, say aye. Aye. Opposed, like signed. Motion carries. Item number 02 is an expedited public hearing for case LD-DRI 2023-3, River Ranch DRI Map-H Amendment to consider an amendment to the River Ranch development of regional impact to add a mixed-use category. The subject site is located within the Westgate River Ranch Resort, and the property in question currently holds a 7,500-square-foot, one-story building that has restaurant and retail. And the resort would like to replace that structure with a four-story structure to include increased food and beverage operations, retail, as well as office on the ground floor, and then three stories of one- and two-bedroom short-term rental lodging facilities. So, as a part of a DRI, in order to accomplish that mixed-use development on the site, a DRI map amendment is required. This item appeared before the Planning Commission, received unanimous recommendation for approval, and following any questions or comments from the board or the public today, staff recommends approval. Any questions? See you none. I'll open a public hearing. Maybe. Maybe I won't. You know. I'll open up a public hearing. Anyone wishing to speak on this matter, please come forward. Seeing nobody, I'll close the public hearing and bring it back to the board. I'll open. Second. Got a motion and a second for approval. All in favor say aye. Aye. Opposed, like, sign, motion carries. Yep. DRI is not perpetual at some point, it goes away, or no? I thought all DRIs went away after at some point. Good morning for a record-marked land development division. The development order for this DRI currently expires, I believe, in January of 2027, and then also the representative of the applicant is here if you have any additional questions. Thank you. That's all. All right. We're good. Thanks. Next item. Item number 03 is an expedited public hearing for case LDWA 2023-74, Hatchinahaw Road Access Waiver to consider approval of a request for a waiver to allow the issuance of building permits for up to four single-family homes on property that gains access solely via an easement that exceeds a quarter of a mile. The subject site is located on the north side of Hatchinahaw Road, just to the west of Jennings Road. You can see the subject site on the screen here in yellow. It is approximately 72 acres. The request is to establish an access solely via an easement for up to four lots. The easement would exceed a quarter mile in length, which is the reason for the waiver request. However, all lots created will meet the minimum lot size standards within the ARR district, and the easement would be located on an existing access road, and it will have sufficient access for fire safety. As such, following any comments or questions by the board, staff recommends approval of this waiver. Questions? I'll open a public hearing. Anyone wishing to speak on this matter, please come forward. See you. Nobody. I'll close the public hearing. Bring it back to the board. Move approval of the waiver. Second. Motion is seconded for approval. All in favor say aye. Aye. Opposed, like, sign. Motion carries. Mr. Chairman, that concludes the expedited portion, and we'll now move into our regular public hearings. Good morning, board members. Again, for the record, Mark Bantley and Development Division. This agenda item is LDC-PAL 2023, text change to our Rural Cluster Center policies. This amendment, as you can see on the screen there, modifies the policies to allow for RCCs to serve as commercial nodes at certain locations in the rural areas of the county. This is the adoption hearing for this amendment. Plain Commission heard this case back in January. The board approved a transmittal hearing back in February. I wasn't going to go through the whole presentation again. Just showed the summary slide. There's no change from previous hearing, and the Florida Department of Commerce had no objections, recommendations, or comments. With that, I'll stand for any questions. Any questions? See you now. I'll open a public hearing. Ask anyone wanting to speak on this matter, please come forward. Seeing nobody, I'll close the public hearing. One aye, Mr. Chair. I do need to mention that a legal ad was published in the ledger on April 2nd, and we did not receive any response. All right. I take it. There you go. Second. Got a motion and a second for approval. Any further discussion? Seeing none, all in favor say aye. Aye. Opposed, like so I have a motion carried. Thank you. Good morning, Commissioners. Eric Peterson for the Land Development Division. I have two cases that go hand-in-hand. One is a Comprehensive Plan Amendment. The other is a Land Development Code Amendment. The Comprehensive Plan Amendment requires your action for transmittal to the Florida Commerce. The LDC text amendment is a first reading and requires no action. I'll open up both during my presentation so you can take final action on the transmittal. The LDC PAL 2023-11 was advertised on April 2nd, 2024 in the Lakeland Ledger. So far, staff has received no comments in response. This is a Comprehensive Plan Amendment that establishes what role we play in the implementation of the basin management action plans and how our utilities function within that as well as further regulations, analysis, and feasibility studies to come in the future. It establishes this map as well. It defines the criteria for mapping the nutrient restoration plan overlay, which is where these new policies on future development will be applied. The LDC text was advertised in the Lakeland Ledger as well on April 2nd, and no response. It is in these areas where this LDC text will be implementing the policies of the basin area management plans. It will ultimately require an enhanced nitrogen-reducing septic systems on parcels less than one acre. These are fairly sophisticated treatment systems for individual homes. Unlike a septic tank today, which you just flush the toilet and it goes in there, this will require a power source to run an aerator and some other things. It's a much more expensive system to purchase. It also requires annual or maintenance more on a quarterly basis by a professional. And, of course, as I mentioned, the power bill that comes with it. So it will greatly increase the cost of development in these areas if lots are below an acre and not connected to sewer. Part of the comprehensive plan is also the feasibility studies outlaid in the capital improvements element that indicate where we will look to assess the feasibility of connecting areas that have been developed with septic tanks around surface waters, particularly for connection to centralized sewer systems. Once again, the areas that apply are these areas in purple above here that you see on the map. This is the nutrient reduction plan overlay. And staff is recommending approval. It's required by legislation, House Bill 1379. In your packets, you have the several documents describing the requirements of House Bill 1379, a brief from the Department of Environmental Protection, and also a staff analysis by the House of Representatives that adopted the plan or the requirements. You also have a draft study conducted by Dewberry on behalf of our utilities division for how this is to be implemented in your packets. So based on all the science that goes into this to prepare future development for the new requirements of septic tanks in this area, we recommend these changes to implement that and Polk County's role isn't ultimately in permitting the septic tanks, but we set up development before they require the permitting. So as a result of our platting process and our permitting process for residential development in these surface water protection areas, which is a 200-foot setback from all water bodies, this is where we'll implement that and prepare whatever development comes through to be designed in order to accommodate this new requirement. With that, I'll stand for questions. Mr. Chairman. Questions. Go ahead. This would not apply anything greater than one acre. Correct, sir. And you mentioned that you're only referenced as a residential, but it would also apply to any commercial establishment in those same areas? Yes, sir, on the same. You indicated that the systems, these advanced systems require quarterly inspections? Yes, typically. It depends on the make or model, but they will require some type of service. It's an operating system. It's not just something that's... Does the reporting requirement go along with that requirement? I'm not certain. That'll be up to the Department of Environmental Protection when they take over the septic tank approval process from the Health Department. And the consequences of not reporting quarterly? Yeah, that will be up to the Department of Environmental Protection. Our role is just to set the stage. I understand. I understand our role is limited to establishing the standards for the area, and then they go to the other agencies for implementation, enforcement, et cetera. Yes, sir. So I just wanted to clarify that. Thank you. Neil. Like Commissioner Lindsay, the quarterly caught my ear. Last time I checked, quarterly was three months. Sounds pretty frequent to me. I don't know. Where did that come from? Where did you pick up on that? It was just in the brochures for some of the systems that we've looked at. We've done some research where you saw the photos come from. The photo that was used or the image that was used looked like a poly tank. Not that one, but the one there. Will they still be using cast concrete tanks for an installation that would include this additional equipment? Or is it all going to be going to poly or did you know that? I'm not, sir. Okay. It's just the ones we looked up. In the end, the Health Department will be issuing the permits, not Polk County, right? Whether we do this or not. It'll be the Department of Environmental Protection. Over the next two years, there's going to be a phasing from the Health Department issuing septic tank permits to the Department of Environmental Protection. So they're taking that away from them? Yes. Okay. George? The quarterly thing again, something you just said. That's not a regulatory requirement. That's a manufacturer's recommendation. That was the manufacturer's recommendation. Okay. Yes. I was quoting it from brochures we'd seen. Anybody else? Is this 2023 11 or 13? Go back to your first slide. Oh, the first slide. The LDC PAL is 2011, and the LDC case is 24. What are we doing here, Randy? We got the wrong number? P2 says 13. Okay. Sorry. I must have it wrong. 2023-13, yes. Well, we approved the wrong one. You want to clarify that? All right. All right. I'll open a public hearing. Anyone wishing to speak on this matter, please come forward. See you. Nobody close public hearing. Bring it back to the board. Mr. Chair. Yeah. We were doing both P2 and P3, right? Yes. So the public hearing that's being opened is for both? It was? It was. But if you missed it, you can come up now. All right. Thank you. P2, P3. Two motions. Yes, sir. Move approval of agenda item P2. Second. Got a motion and a second for approval. All in favor say aye. Aye. Opposed, like, sign, motion carries. Move agenda item P3. Second. Got a motion and a second for approval of P3. All in favor say aye. That's first reading. First reading. Was it? Oh, sorry? This one is first reading. Got you. All right. So information only there. P4. The trick with a motion. We need to approve first reading or is that it? No, sir. We don't approve. Okay. Good morning. Before I forget again, let me start off by mentioning for LDCU 2024-4. Four team mailers were sent on March 4th. No response. Two boards were posted on the site on April 1st. And a legal ad was posted in the ledger on April 2nd. This item is for a Brownfield designation. The general location of the property is north side of Lakeland between State Road 33 and I-4. I'll go through the next few slides to give you the who, where, what, when, and why. It's for 22.5 acres. The intended use of the property is for a warehouse for logistics use. In the application state, 140 jobs are proposed. The site is in the Green Swamp Area Critical State Concern. Proposed development is consistent with the comprehensive plan, specifically the land use designations. Notice has been provided and not necessarily relevant to the case, but we do have a level 2 application pending. Okay. The one where I can figure out where this is. Yeah. I'll show you a couple more slides real quick here. This is the land use designation. A good landmark reference is the new Amazon facility on 33. Yeah. And Florida trailer next door. And this is a more zoomed-in photo of the site. What are Brownfields? I won't read it word by word here. But the property that may or does have contamination, which, you know, inhibits future redevelopment of the site. In this case, the applicant submitted a phase 2 environmental study. That study showed that there were total petroleum hydrocarbons and arsenic in the soils. And then also lead was found in the groundwater, and both of those items were above accepted DEP levels. So that definitely makes it, you know, qualifies for a Brownfield designation. So what do they have to do about it? Well, the short answer is ultimately clean it up. Okay. Yeah. What type of use was there previously that led to this? Yeah. Let me summarize some notes here. Western portion of the subject property was occupied by Monday Truck Service, which leased tenant spaces to a crane maintenance business, J.H. and Sons Trucking, S. Plunda, hopefully I said that right, Tree Service, and Dump Trucks Excavators Maintenance Business. Those are the previous uses on the site. So as part of designating a site as a Brownfield, there was a requirement for a community meeting. So there was a sign posted on the property. There was a meeting held on March 19th at the Activity Center in Polk City. One person attended. That was the facility manager who showed up at the end of the meeting to close the place down, but he asked a bunch of questions. So as previously mentioned, there were legal ads posted, and in your agenda item contains materials from the community meeting presentation. You know, reviewing this project against the Florida statutes, I'll go through these real briefly. This property is in a transit center and corridor overlay area with other warehouses. Private sector is doing the site redevelopment. Level 2 application is pending. It's for non-residential use, so recreation activities aren't proposed or necessary here. Some additional criteria. There's a purchase and sale agreement pending. I believe the property may have sold, but I'll defer to the applicant's representative. We do have consent letters from what were the current property owners. Warehousing is permitted in business park centers. There's been quite a few legal ads to provide notice. One of the requirements is the applicant shows they have the financial capability of doing the project. They provide an affidavit. They're pro forma. And the fact that they have a level 2 in-house already demonstrates their financial commitment in the opinion of staff. So a couple aerial photos give you a better idea of where it is. Again, to me, the best landmark is the new Amazon facility. And then these are some ground photos from the existing driveway. Looking west, northwest, you can see the Amazon facility in the northeast. And that concludes my presentation. This is the first reading, so no action is required. The second reading and adoption would be at our next meeting on May 7th. And lastly, the applicant's representative is here if you have any questions. All right. I'll open a public hearing and ask the applicant to come forward. I do have a question. Good morning, Mr. Chair. My name is Brett Brumman with the Goldstein Environmental Law Firm. We have offices at 2100 Ponce Delion Boulevard in Coral Gables, Florida. And we represent the applicant, Lakeland Logistics Park Owner, LLC. And my question, basically the same that I asked Mark, but I got a phone call from a concerned citizen who said, if you asphalt or concrete or seal the top of this, you don't have to clean it up prior. Is that correct? That is a method of cleanup. Florida does allow what's called a conditional closure pursuant to the Florida Administrative Code. And a conditional closure, although you can encapsulate some remaining contamination, that can only be done once you fully delineate the extent, the horizontal and vertical extent of the contamination. And you must record a declaration of restrictive covenant or a deed restriction on the property that would alert all future property owners that there's contamination there and the engineering control must be maintained. Now, we don't know if that's the remedy here yet. The applicant just recently submitted a soil management plan to the Florida Department of Environmental Protection. So any remedial strategy will be developed with oversight from FDEP going forward. Okay. Anybody else? I mean, you all could go in there and put a trucking facility there without this Brownfield designation. Is that correct? Correct. Correct. The Brownfields program is an economic development incentive program. The applicant has the option to enter into it. They do not need to. But it's designed to encourage people who play no part in causing the contamination to voluntarily step up and address the contamination caused by somebody else in the past through incentives that come from the state at no cost to the county. Well, how would it work if you decided you just wanted to pave over it as a way of encapsulating it? And what benefit comes to somebody who does that? That is an acceptable method of remediation. Of course, that would be subject to approval by the county as the ultimate development authority. Here's my question. Let's just say that's an acceptable method and it's a possibility, whether it's a probability or not. Do you get paid to pave your own parking lot? A portion. The way the tax credit works is the applicant would front all of the costs for cleanup and redevelopment. If your paving acts as the engineering control, you are eligible to receive a state corporate income tax credit equal to 50% of those costs as long as it provides the remedy being preventing any people who access the site from directly exposing themselves to the remaining contamination. However, we believe some contamination will be removed from the property and disposed off-site in a landfill. That's certain. Yeah, a portion will, yeah, especially for site grading. Yeah, it's inevitable that some contaminated soil will be disposed off-site. I can't say at this stage how much, or if that will be the remedy exactly. We still have additional planning to do along with FDEP, but that is definitely something that will likely happen. Thank you. Mr. Chair, I just want to clarify that this was said as first reading, but it's not indicated on our agenda. So I want to make sure that we clarify that. It is. It is first reading. Okay. All right. Any other questions? Thank you. Anyone else caring to speak on this matter? Seeing nobody, I'll close the public hearing, and we'll move on to the next item. Mr. Chair, I have the next item, P5. It's a public hearing to consider adoption of an ordinance called a referendum on November 5, 2024, for a proposed amendment to merge the Efficiency Commission with a Charter Review Commission for expense reduction. It's recommended for approval. Any questions? I'll open up a public hearing. Anyone wishing to comment on this matter, please come forward. Seeing nobody, I'll close the public hearing and bring it back to the board. Motion to approve. Second. Motion to second for approval. All on paper, say aye. Aye. Opposed? Like sign. Motion carries. Thank you, Mr. Chair. P6. What time is that follow-on meeting? 10 or what? 11? I think so. 10.30. 10.30. Good morning, still. Wade Allen, your Real Estate Services Administrator. We have received a petition from Dana Jackson to vacate a portion of the platted, unopened, unmaintained right-of-ways. It's actually an alley, shown on the Ransom's addition to Bradley Junction, recorded in Platte Book 2, page 81. Subject right-of-ways lies in Section 11, Township 31, Range 23. The map filed in 1911 depicts various rights-of-ways and alleys throughout the platte, which are presumed to be public. The petitioner has requested the vacation of the right-of-way to the east of lots 8 and 9 in Block 11, which is her property, as part of a multi-step process to obtain buildable access and resolve an ongoing codes case. During the review of the request, it was discovered that vacating the requested area would leave an isolated segment of platted right-of-way to the south, so the county is adding the remainder of the platted alleyway lying east of lots 6 and 7. County staff contacted the adjacent property owners and received no objections. Vacating the rights-of-way will remove the public interest in the subject area, which will allow the petitioners and the adjacent owners to assemble and more fully utilize their property. The appropriate utility providers, along with the appropriate county divisions, have reviewed the request and have no objection. Staff recommends the board adopt a resolution to vacate the platted, unopened, unmaintained rights-of-way, as shown on the map of the town of the previously recorded subdivision, excuse me, the Ransom's edition of Bradley Junction. And I'll remain standing for any questions you have. I do want to point out, I believe you guys have had some correspondence, as we've discussed on Friday, there was a way of necessity that was issued through the court for the petitioner. The petitioner, as I said, was this is going to be a multi-step, so unfortunately they didn't come and vacate first before they went to the court for the way of necessity. They're going to have to, if you approve this, they're going to have to probably take that next step and go back to the court system to get the small piece added in for the way of necessity to then ultimately resolve the code's case at hand. So I'll remain standing for any questions you have. All right. I'll open a public hearing. Anyone wishing to speak on this matter, please come forward. See you, nobody will close the public hearing and bring it back to the board. Move approval of the resolution. Motion and second for approval. All in favor say aye. Aye. Opposed, like, sign, motion carries. Next item we have is a board's own motion to vacate public right-of-way. Board's own motion to adopt a resolution vacating a portion of platted and maintained right-of-way is shown as 43rd Street on the replat of Davenport Terminals. The plat filed in 1929 dedicated various rights-of-way to the public. However, the right-of-way shown as 43rd Street is currently reflected as being open and has not been vacated from the standpoint from the property appraiser's mapping. The subject right-of-way lies in Section 3, Township 27, Range 27. There is a current project to extend Powerline Road from U.S. 1792 to South Boulevard. The planted right-of-way was bisecting the proposed roadway corridor. Near its intersection was U.S. Highway 1792. In addition to right-of-way bisecting multiple property owners in the area, staff reviewed and found no evidence that it had been previously vacated through the county. Adjacent property owners were contacted and have no objections to the vacation of the right-of-way bisecting their parcels currently. In an effort to alleviate any issues in the future, staff decided it was best to interest to vacate all of the right-of-way from 43rd Street with lying outside of U.S. 1792 right-of-way and allow the property owners, well, this vacation will basically close up the loop and allow the property owners along with our project to assemble this right-of-way. The appropriate utility providers along with the county divisions were contacted. There was one objection from Duke Energy upon further review. The above-ground facilities only crossed the subject right-of-way in one location and do not appear to impact the proposed vacation area. We did not find any, like, polls within that location. We did notify them of today's public hearing so that they could attend and address the matter if they so chose. Staff recommends the board adopt a resolution to vacate the planted unmaintained right-of-way as shown on S43rd Street on the re-plat of Davenport Terminal as fully described in the legal description attached to the resolution. And I'll remain standing for any questions that you might have. All right, I'll open a public hearing. Anyone wishing to speak on this matter, please come forward. I don't think they showed up, William. Thank you. All right, I'll close the public hearing and bring it back to the board. Motion for approval. Second. Motion and second for approval. All in favor say aye. Aye. Opposed, like, sign. Motion carries. Thank you very much. Anything else? No, Mr. Chair, just a reminder, at 1030 we have the Finance and Audit Committee meeting. In here? Yes, sir. All right, we're adjourned. All right. We're adjourned.