BoCC Regular Session & Public Hearing: December 6, 2022

CALL TO ORDER - George Lindsey, Chair 00:00:02

Call to Order - George Lindsey, Chair Invocation - Bill Dehart, Polk County Fire Rescue Chaplain Pledge of Allegiance - George Lindsey, Chair

C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD 00:01:15

C.1. Randy Wilkinson to discuss Gilbert King, Bone Valley and justice in Polk County.

C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD 00:07:57

C.2. Comments.

D. APPROVE CONSENT AGENDA 00:13:45

D.1. Approve Consent Agenda

E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) 00:14:18

E.1. Disbursements.

E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) 00:15:25

E.2. Minutes of Regular Board meeting held on November 22, 2022.

G. COUNTY ATTORNEY (RANDY MINK) 00:15:55

G.1. Chateau at Astonia Plat for Conditional Approval. (No fiscal impact)

G. COUNTY ATTORNEY (RANDY MINK) 00:16:28

G.2. Approve the release of a warranty and surety in the amount of $178,759.68 in the form of Maintenance Bond No. 70NGP185029 for Aniston (aka Kitty Fox). (No fiscal impact)

G. COUNTY ATTORNEY (RANDY MINK) 00:16:55

G.3. Approve the First Amendment to the Infrastructure Agreement between Center State Development 2, LLC and Polk County for Old Bartow Lake Wales Road and CR 653/Rattlesnake Road Intersection ($105,000.00 One Time Expense).

H. COUNTY MANAGER (BILL BEASLEY) 00:17:20

H.1. Approve Amendment No. 2 to Consulting Service Agreement 18-73 with Dewberry Engineers, Inc. (Dewberry) for the CR 557 (Buena Vista Drive) Widening project. ($693,396.38 one-time expense)

H. COUNTY MANAGER (BILL BEASLEY) 00:21:03

H.2. Approve piggyback agreement (PB 23-085) for Prescription Drug Program Management Services with Citizens Rx, LLC for the Polk HealthCare Plan. ($8.7 million estimated recurring expense)

H. COUNTY MANAGER (BILL BEASLEY) 00:23:40

H.3. Approve the T. Mark Schmidt grant agreement between the Florida Department of Agriculture and Consumer Services (FDACS) and Polk County for the Bone Valley ATV Park Bridge Project ($350,000.00 one-time grant revenue with a local match of $87,500.00).

H. COUNTY MANAGER (BILL BEASLEY) 00:27:39

H.4. Request Board approval of FDOT Local Agency Program Agreement FPN 449695 to provide funding Master plan for trails within 2 miles of Lake Hancock hub trails (Panther Point Trail, Fort Fraser Trail, Upper Legacy Trail). ($250,000 one-time revenue)

H. COUNTY MANAGER (BILL BEASLEY) 00:30:18

H.5. Approve State of Florida Department of Environmental Protection (FDEP) grant for the Ridge to River Protection of Critical Assets to Polk County. ($3,000,000 one-time revenue).

H. COUNTY MANAGER (BILL BEASLEY) 00:33:55

H.6. Approve a Right-of-Way Agreement between Polk County and Bruce and Pamela Minton in conjunction with the Thompson Nursery Road Phase 1 (Segment 2) Project. ($751,000 one-time expense)

I. COMMISSIONER DISTRICT 2 (RICK WILSON) 00:37:58

I.1. Commissioner Wilson Comments.

J. COMMISSIONER DISTRICT 3 (BILL BRASWELL) 00:38:02

J.1. Commissioner Braswell Comments

K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO 00:38:05

K.1. Commissioner Santiago Comments.

L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) 00:38:07

L.1. Commissioner Combee Comments.

M. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY, CHAIR) 00:38:10

M.1. Waste Collection Update - Bill Beasley

O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 01:02:59

Opening comments - Randy Mink, County Attorney

O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 01:04:42

O.1. Consider adoption of an ordinance amending Ordinance 2014-14, as amended, the Polk County Solid Waste Management Facility Siting and Operation Ordinance. (Adoption hearing)

O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 01:05:39

O.2. Public Hearing (LDCPAL-2022-4 Cardboard & Shredded Paper Collection) (Adoption Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to amend the definition of Solid Waste Management Facility in Division 4.400 Glossary to exclude cardboard & shredded paper collection, and add definitions for cardboard & shredded paper collection, cardboard, and shredded paper. (No Fiscal Impact)

O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 01:06:30

O.3. Public Hearing (LDCT-2022-4 Cardboard & Shredded Paper Collection) (Second Reading) to consider a County initiated ordinance amending the Land Development Code to allow Cardboard & Shredded Paper Collection in specific land use districts and accessory uses to non-residential development. (No Fiscal Impact)

O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 01:07:17

O.4. Public Hearing (LDCT-2022-9 Open Space Text Amendment) (Adoption Hearing) to consider the adoption of a County-initiated request to modify Open Space and Recreation standards. (No Fiscal Impact).

O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO 2022-089 01:08:02

O.5. Public Hearing (LDCPAL-2022-14 SPD Revisions Comprehensive Plan Text Amendment) (Transmittal Hearing) to consider adoption of a County-initiated Large-Scale Comprehensive Plan Text Amendment to remove development standards for Suburban Planned Developments from the Comprehensive Plan. (No Fiscal Impact).

O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 01:08:56

O.6. Public Hearing (LDCT-2022-16 SPD Revisions LDC Text Amendment) (First Reading) to consider the adoption of a County-initiated request to modify Conditional Use and Open Space standards for Suburban Planned Developments (SPDs). (No Fiscal Impact).

O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 01:09:39

O.7. Public Hearing (LDCT-2022-17 Garage Setbacks and Canopy Tree) (First Reading) to consider the adoption of a County-initiated request to modify the LDC to establish 25-foot setbacks for residential garage entrances and to provide for one canopy tree per unit within residential developments. (No Fiscal Impact).

P. PUBLIC HEARINGS 01:10:27

P.1. Public Hearing (LDCU-2022-22 Young Racing De Novo Hearing) to consider an appeal to the Planning Commission’s decision to approve LDCU-2022-22, a Conditional Use request for a racetrack facility (Vehicle-Oriented Recreation) for use by an individual homeowner.

P. PUBLIC HEARINGS 03:15:32

P.2. Public Hearing (LDCPAS 2022-18 Kathryn Estates CR 540-A RH CPA) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment (CPA) to change the Future Land Use designation on 15.73 +/ - acres from Residential Low (RLX) to Residential High (RH) in the Transit Supportive Development Area (TSDA). (No Fiscal Impact)

P. PUBLIC HEARINGS 03:27:29

P.3. Public Hearing (LDCPAS 2022-13 Colbert Landings RM CPA) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 4.564 +/- acres from Residential Low-X (RLX) to Residential Medium-X (RMX) in a Transit Supportive Development Area (TSDA). (No Fiscal Impact)

P. PUBLIC HEARINGS 03:57:25

P.4. Public Hearing (LDCPAL 2022-13 Canopy Oaks Comp Plan Text Amendment) (Transmittal Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to modify Section 2.135. L Parcel Specific Future Land Use Map Amendments with Conditions for Canopy Oaks to prohibit permanent structures for overnight stays. This case is related to LDCT-2022-15 which is an amendment to the Land Development Code text amendment to Appendix E Parcel Specific Future Land Use. (No Fiscal Impact)

P. PUBLIC HEARINGS 05:04:02

P.5. Public Hearing (LDCT-2022-15 Canopy Oaks LDC Text Amendment) (First Reading) to consider an ordinance adding development standards to Appendix E of the Land Development Code for the property subject to LDCPA 2022-13. (No Fiscal Impact)

P. PUBLIC HEARINGS 05:04:50

P.6. Public hearing to consider adoption of a resolution providing notice of intent to use the uniform method for the levy, collection and enforcement of non-ad valorem assessments. (No fiscal impact.)