05/19/2015 Regular BoCC Meeting Minutes
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1 May 19, 2015 Regular BoCC meeting In accordance with the American with Disabilities Act, persons with disabilities needing special accommodations to participate in this proceeding should contact the Communications Office not later than four days prior to the proceeding. Their offices are located in the Neil Combee Administration Building, 330 West Church Street in Bartow. Telephone (863) , TDD (863) or , Voice Impaired via Florida Relay Service. Any invocation that may be offered before the official start of the Commission meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Commission. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Commission, and the Commission is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. CALL TO ORDER - 9:00 a.m. (GEORGE LINDSEY, CHAIRMAN) INVOCATION 1. Dr. Richard C. Piatt, II, Pastor, Fellowship Baptist Church, Lakeland PLEDGE OF ALLEGIANCE (GEORGE LINDSEY, CHAIRMAN) A. PRESENTATIONS and RECOGNITIONS 2. Presentation of Certificates of Service to: Daniel E. "Dan" Piela; Carl J. Burgess, Jr.; Alisa L. Cotton; John P. Shivler, Jr.; Rita M. West; Steven O. "Steve" Foskey; and Edward J. Wolfe. Attachment: bios.pdf The Board recognized and presented Certificates of Service to Daniel Piela; Carl Burgess, Jr.; Alisa Cotton; John Shivler, Jr.; Steven Foskey; and Edward Wolfe. Rita M. West was not present. 3. Dr. Ulyee Choe, Director, Florida Department of Health in Polk County, to present on the County Health Ranking/State of the Health. Page 1 of 15
2 Dr. Ulyee Choe, Director, Florida Department of Health in Polk County, showed slides and reviewed the County's health ranking and state of the health. He outlined the health outcomes and measures, he ranked Polk County in comparison with the other Counties in Florida. Upon question, he said that access to health care has improved greatly. Discussion followed on the need for dentists. B. CEREMONIAL PROCLAMATIONS 4. Proclaim May 22-24, 2015 as Pughsville Community Weekend. Russell Burney, representing Historic Pughsville Association, Inc., will accept the proclamation. Attachment: Pughsville Weekend.pdf Issue Proclamation. Motion: 5. Proclaim May 16-22, 2015 as Safe Boating Week. Dustin Buxton, representing the U.S. Coast Guard Auxiliary, will accept the proclamation. Attachment: Safe Boating Week.pdf Issue Proclamation. Motion: Second: Page 2 of 15
3 6. Proclaim May 2015 as the 50th Anniversary of Central Florida SCORE. Mark Scolnick, representing Central Florida SCORE, will accept the proclamation. Attachment: 50th Anniversary of SCORE.pdf Issue Proclamation. Motion: Second: C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD 7. David Hand, to discuss concerns with the Polk County Sheriff's Office, Animal Control Section. David Hand was not present. 8. Comments. Kimberly McLaughlin discussed the Neighborhood Stabilization Program (NSP) and said she is seeking legal help. Commissioner Todd Dantzler gave direction to Ms. McLaughlin on receiving legal help through the Florida Legal Defense Fund. Carol Castagnero discussed the need for jobs, health care, and a transportation plan. Jim Guth discussed the observance of Memorial Day and the return of the Honor Flight tonight. D. APPROVE CONSENT AGENDA Page 3 of 15
4 9. Approve Consent Agenda. Approve Consent Agenda. Motion: E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) 10. Disbursements. Attachment: Disbursements.pdf Approve and ratify disbursements. Motion: 11. Minutes of Regular Board meeting held on May 5, Attachment: MIN pdf Approve minutes. Page 4 of 15
5 Motion: Second: F. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY G. PUBLIC HEARING TO CONSIDER SETTLEMENT 12. Consider Settlement Proposal in the Maria Tenjo vs. Grady Judd, Case No.: CA ($85,000 one-time expense) County Attorney Michael Craig reviewed the proposed settlement in the Maria Tenjo vs. Grady Judd, Case No.: CA in the amount of $85,000. He recommended approval. The Chairman opened a public hearing; no one spoke. Approve settlement in the Maria Tenjo vs. Grady Judd, Case No.: CA in the amount of $85,000. Motion: Second: H. COUNTY ATTORNEY (MICHAEL CRAIG) Page 5 of 15
6 13. Approve Amendment One to the Interlocal Agreement between Polk County and municipalities to extend the Interlocal Agreement governing the division and distribution of the six-cent local option tax with City of Polk City, City of Auburndale, City of Eagle Lake, City of Fort Meade, City of Frostproof, City of Haines City, City of Lake Alfred, City of Lake Wales, City of Lakeland, City of Mulberry, City of Winter Haven, Town of Dundee, and Town of Lake Hamilton. (No fiscal impact) Attachment: Interlocal Gas Tax Dundee.pdf Attachment: Interlocal Gas Tax Haines City.pdf Attachment: Interlocal Gas Tax Lakeland.pdf Attachment: Interlocal Gas Tax Polk City.pdf Attachment: Interlocal Gas Tax Eagle Lake.pdf Attachment: Interlocal Gas Tax Lake Wales.pdf Attachment: Interlocal Gas Tax Lake Hamilton.pdf Attachment: Interlocal Gas Tax Ft Meade.pdf Attachment: Interlocal Gas Tax Winter Haven.pdf Attachment: Interlocal Gas Tax Frostproof.pdf Attachment: Interlocal Gas Tax Auburndale.pdf Attachment: Interlocal Gas Tax Hillcrest.pdf Attachment: Interlocal Gas Tax Lake Alfred.pdf Attachment: Interlocal Gas Tax Mulberry.pdf County Attorney Michael Craig discussed Amendment One to the Interlocal Agreement between Polk County and municipalities to extend the Interlocal Agreement governing the division and distribution of the six-cent local option tax with the City of Polk City, City of Auburndale, City of Eagle Lake, City of Fort Meade, City of Frostproof, City of Haines City, City of Lake Alfred, City of Lake Wales, City of Lakeland, City of Mulberry, City of Winter Haven, Town of Dundee, and Town of Lake Hamilton. He recommended approval. Approve Amendment One to the Interlocal Agreement Between Polk County and Municipalities to Extend the Interlocal Agreement Governing the Division and Distribution of the Six-Cent Local Option Tax with City of Polk City, City of Aburndale, City of Eagle Lake, City of Fort Meade, City of Frostproof, City of Haines City, City of Lake Alfred, City of Lake Wales, City of Lakeland, City of Mulberry, City of Winter Haven, Town of Dundee, and Town of Lake Hamilton. Motion: Page 6 of 15
7 14. Approve Right-of-Way Agreement between the Edward H. Bolick and Polk County for Parcel Number , Willowbrook Circle Drainage. ($84,000 one-time expense) Attachment: ROW Agmt Willowbrook Cr Drainage Backup.pdf Wade Allen reviewed the Right-of-Way Agreement between the Edward H. Bolick and Polk County for Parcel Number , Willowbrook Circle Drainage. He recommended approval. Discussion followed on the purchase price of the property. Approve the Right-of-Way Agreement and authorize the issuance of a check in the amount of $82,000 for the purchase. Also, request Board approve hiring American Government Services Corporation to close the acquisition of the parcel, approve paying estimated closing costs of $2,000 and approve the Right-of-Way and Real Estate Manager to execute the documents on behalf of the Board at closing. Motion: Second: I. COUNTY MANAGER (JIM FREEMAN) 15. Approve CIP amendment for the South County Jail Temporary Fire Rescue Station project and approve budget transfers in the amount of $133,000 from the Impact Fee Fund reserve for future capital and $45,030 from the Fire Rescue Division operating budget. ($178,030 one-time expense) Attachment: SCJ Detail Sheet.pdf Attachment: FRS Site Location Map.pdf Attachment: BAR SCJ.pdf Attachment: Project Map.pdf Page 7 of 15
8 Attachment: SouthCountyJail2.pdf Attachment: BRJ SCJ.pdf County Manager Jim Freeman discussed the CIP amendment for the South County Jail temporary Fire Rescue Station project and budget transfers in the amount of $133,000 from the Impact Fee Fund reserve for future capital and $45,030 from the Fire Rescue Division operating budget for the total amount of $178,030. He recommended approval. Approve CIP amendment for the South County Jail Temporary Fire Rescue Station project and approve budget transfers in the amount of $133,000 from the Impact Fee Fund reserve for future capital and $45,030 from the Fire Rescue Division operating budget. Motion: 16. Approve agreement with Boring Business Systems, Inc. for managed print services. Attachment: Managed Print Services contract 5.pdf Attachment: Managed Print Services contract 2.pdf Attachment: Managed Print Services contract 1.pdf Attachment: Managed Print Services contract 3.pdf Attachment: Managed Print Services contract 4.pdf County Manager Jim Freeman reviewed the agreement with Boring Business Systems, Inc., for managed print services. He recommended approval. Approve the Managed Print Services agreement with Boring Business Systems, Inc., of Lakeland, Florida. Motion: Second: Page 8 of 15
9 J. COMMISSIONER DISTRICT 2 (MELONY M. BELL) 17. Commissioner Bell Comments. Commissioner Melony Bell was not present today. Chairman said Commissioner Bell is Guardian today on the Honor Flight from Washington DC. He said the Honor Flight will be arriving at the Lakeland Airport tonight at 8:30 p.m. and he invited everyone out to welcome the Veterans and Guardians. He thanked them for their service. K. COMMISSIONER DISTRICT 3 (EDWIN V. SMITH) 18. Commissioner Smith Comments. Commissioner had no comments. L. COMMISSIONER DISTRICT 4 (R. TODD DANTZLER) 19. Commissioner Dantzler Comments. Commissioner Todd Dantzler wished County Manager Jim Freeman a Happy Birthday tomorrow. He responded to comments from Carol Castagnero. He said the dentist is located at Central Florida Health Care and that is the appropriate place as opposed to the Winter Haven Hospital. He said he watched a couple of Lakeland Tigers Baseball games over the weekend at Joker Marchant Stadium. He encouraged everyone to support your local baseball teams. He said it is a great place to take your family. He also said the general admission price is between $5.00 to $8.00. M. COMMISSIONER DISTRICT 5 (JOHN E. HALL) 20. Commissioner Hall Comments. Page 9 of 15
10 Commissioner commented on the Right-of-Way agreement. He said there was a building design cost and a permit issued for the pipe going to the pond. He also said there were associated costs with all the improvements that were made. He said the County did not pay three times for what appears to be a $23,000 lot. Commissioner Todd Dantzler said the structure appears to have been put up over a decade ago and the pond is essential for the drainage in the area because it is a challenge. Commissioner Dantzler also thanked the roadway maintenance employee for recognizing the drainage problem. N. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY, CHAIRMAN) 21. Chairman Lindsey Comments. Chairman had no comments. O. LAY BOARD APPOINTMENTS 22. Appoint Joe Rodman, Sr. to the Community Relations Advisory Council for a four-year term, May 19, 2015 through May 18, Attachment: Joe Rodman Sr Bio for CRAC.pdf Appoint Joe Rodman, Sr. to the Community Relations Advisory Council to serve a four-year term beginning May 19, 2015, through May 18, Motion: *** RECESS - The Board of County Commissioners will recess from 12:30 p.m. until 1:30 p.m. or soon thereafter. *** Page 10 of 15
11 P. PUBLIC HEARINGS 23. Public Hearing (LDC 15T-03) to consider the adoption of an ordinance amending the Land Development Code. (Second reading) Attachment: LDC 15T 03 Staff Report.pdf Attachment: LDC 15T 03 Ordinance.pdf County Attorney Michael Craig reminded the audience of the procedures for public hearings and swore in those who plan to speak. Erik Peterson, Long Range Planning, showed slides and reviewed the proposed text amendment regarding the cottage industry. He said this is an applicant initiated request. He said that staff and the Planning Commission recommend approval. He said this is compatible with the surrounding area and is consistent with the Land Development Code and the Comprehensive Plan. The Chairman opened a public hearing; no one spoke. Adopt Ordinance No adopting LDC 15T-03. Motion: Second: 24. Public Hearing (CPA 15C-01) to consider the transmittal of an applicant initiated Large Scale Comprehensive Plan Amendment to change the land use designation on /- acres from Regional Activity Center to Business Park Center in the Ridge Special Protection Area. Attachment: CPA 15C 01 Transmittal Staff Report.pdf Attachment: CPA 15C 01 PC presentation.pdf Attachment: CPA 15C 01 Ordinance.pdf Ana Martinez, Long Range Planning, showed slides and reviewed the proposed map amendment. She said this is an applicant initiated request. She stated that staff and the Page 11 of 15
12 Planning Commission recommend approval. She noted that this is compatible with the surrounding area and is consistent with the Comprehensive Plan. She said this is a transmittal hearing and the adoption hearing will be held on August 18, Jack Brandon, Peterson and Myers Law firm, said he is representing the applicant. He reviewed the proposed changes. Diane Chadwick, Stantec, listed her qualifications as an expert land use witness. Qualify Diane Chadwick as an expert land use witness. Motion: Second: Motion Ms. Chadwick showed slides of the area and said the applicant is planning to have two distribution centers on the site. She reviewed the proposed development plans for the site. She discussed the transportation network. Mr. Brandon presented for the record Ms. Chadwick's resume and requested Board approval for transmittal. Commissioner Smith said he has met with the applicant and the applicant's attorney. Chairman Lindsey has spoken with the applicant and is familiar with the site. Commissioner Dantzler said he has met with the applicant and the applicant's representative. He said he is familiar with the site. Commissioner Hall said he has met with the applicant and the applicant's representative. He said he has visited the site. The Chairman opened a public hearing; no one spoke. Page 12 of 15
13 Transmit CPA 15C-01 to the Florida Department of Economic Opportunity. Motion: 25. Public Hearing (CPA 14 CIE-01) to consider the transmittal of an ordinance to amend the text of the Comprehensive Plan to update the Capital Improvements Element (CIE). Attachment: CPA 14 CIE 01 Exhibit 5.pdf Attachment: CPA 14 CIE 01 Staff Report.pdf Attachment: CPA 14 CIE 01 Exhibit 3 Project Detail Sheets.pdf Attachment: CPA 14 CIE 01 Exhibit 4 Work Plan.pdf Attachment: CPA 14 CIE 01 Exhibit 2.pdf Attachment: CPA 14 CIE 01 Presentation.pdf Attachment: CPA 14 CIE 01 Ordinance with Exhibit I.pdf Attachment: CPA 14 CIE 01 Exhibit 6 FDOE Letter.pdf Attachment: CPA 14 CIE 01 Ordinance.pdf Albert Frederick, Long Range Planning, showed slides and reviewed the proposed text amendment. He said this is a County initiated request and noted that the Planning Commission recommended approval. He said this is a transmittal hearing and the adoption hearing will be held on July 21, The Chairman opened a public hearing; no one spoke. Transmit CPA 14 CIE-01 to the Florida Department of Economic Opportunity. Page 13 of 15
14 Motion: Q. REQUEST FOR CODE ENFORCEMENT FINE/LIEN REDUCTION 26. CE Dovehollow Drive, Lakeland; Fees/Fine Reduction consistent with Polk County Ordinance No Attachment: CE lien red req Dovehollow Dr Lakeland.pdf Autumn Fenton, Code Enforcement Administrator, showed slides and reviewed Code Enforcement Case CE The Chairman opened a public hearing. Ken Branham, Sanoba Lawfirm, said he is representing the property owner. He said the property was damaged from a fire. He requested Board approval. He said the owner was in the process of obtaining a building permit when the owner was cited for a violation. Tommy Whitehead, Colfin Al FL, discussed the damage to the property and discussed the steps taken to bring the property back into compliance. Ms. Fenton confirmed the property is currently in compliance. The Chairman closed the public hearing. Approve fine/fee reduction to the amount of $3,000 for CE Motion: Second: Motion Motion dies for lack of a second. Page 14 of 15
15 Approve fine/fee reduction to the amount of $1600 for CE Motion: Second: - Nay R. CONSENT AGENDA ITEMS (SEE CONSENT AGENDA) The Chairman adjourned the meeting at 2:11 p.m. Page 15 of 15
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