Board of County Commissioners - Regular Meeting

Motion for the consent agenda. Second. Okay, we've got a motion and a second to approve the consent agenda. Any discussion? Seeing none, all in favor? Aye. Opposed, like, sign. Motion carries.

Now, Mr. Chair, you will adjourn as the Hardin Parkway Community Development Agency and reconvene as the Board of Accounting Commissioners.

Yes, we did that. Okay, moving on.

Motion for approval. We don't have to do that.

Do we? No. Okay. But it's a good try. Good try. It's a nice try.

At this time, we'll go to the county manager's section. They're getting their money's worth today.

All right. Now we're moving on to, you don't have anything else, Mr. Beasley.

Good morning, Mr. Chair, members of the board, members of the viewing audience. The manager's office will have three items for board consideration this morning. Item number G1 is to request the board to approve a utility infrastructure agreement with the Pulte Home Company in connection with the Sand and Silica residential development located near the intersection of Ernie Caldwell Boulevard and US Highway 1792. Today's board action will reflect an infrastructure agreement not to exceed $3,365,640.05. The Pulte Home Company is building a 732-unit single family and a 336-unit townhome development within the county's northeast regional utility service area. The county has requested and Pulte has agreed to design, permit, and construct an approximate 7,500 lineal foot extension. of a 20-inch water main along Ernie Caldwell Boulevard and to upsize the extension of a required approximately 7,500 lineal feet sanitary force main from 10 inches to 16 inches also to be located along Ernie Caldwell Boulevard. These extensions and upsizing are consistent with the Northeast Regional Utility Service Area Master Development Plans and will provide reliability, redundancy, and alternative water supply distribution to the residents and businesses served within that sector of the Northeast Region Utility Service Area. Funding for these Northeast Regional Utility Service Area Service Efficiencies Initiatives is available in the Utility Water Connection Fee Fund specific to the Developer Agreement Project Account, all as part of the Utility Five-Year Community Investment Program. So, Mr. Chair, members of the board, I think consistent with the board's priority commitments to utility service improvements, especially the fast-growing northeast regional utility service area, I would request the board to approve the proposed agreement for utility infrastructure improvements with the Pulte Homes Company in an amount not to exceed $3,365,640.05. Questions? Comments? Motion? Motion for approval. Second.

Got a motion and a second for approval. Any other discussion? Seeing none, all in favor say aye. Aye. Opposed, like so. Motion carries.

Mr. Chair, members of the board, item number G2 is to request the board to approve a construction manager at risk guaranteed maximum price addendum number one with Whitehead Construction Incorporated in connection with the Smith Lane Joint Use Fire Rescue Station. Today's Board action will reflect approval to begin all related horizontal project site work via a contract addendum not to exceed $1,739,449.70. In May of this year, the Board entered into an agreement with Whitehead Construction to provide construction manager at-risk services in connection with the Smith Lane Joint Use Fire Rescue Station, which included pre-construction services in the amount of $40,280.00. The overall project is comprised of an approximate 20,000 square foot joint use fire rescue station for which Polk County will occupy approximately 60% of constructed space and the city of Bartow will occupy approximately 40% of constructed space. Polk County and the city of Bartow entered into a joint use agreement in April of 2025 that reflects, among other things, joint use capital facility and O&M funding. A portion of the pre-construction services for site development work is now complete, and staff is requesting to begin site development work in order to not delay adjacent property development planned by Lakeland Regional Health. The county's work includes mobilization, site development construction for clearing the site, mass grading, site stabilization and testing, utility infrastructure installations, stormwater system installations, and site pavement-based systems. Whitehead Construction has provided a guaranteed maximum price inclusive of a nominal cost to address allowance and contingency work conditions. The total contract time for the recommended guaranteed maximum price addendum number one is 120 calendar days. A proposed guaranteed maximum price addendum number two will be brought back to the board for approval upon completion of the facility design and bidding process for construction of the new building, final site paving systems, plus all remaining construction requirements that are not included in this proposed guaranteed maximum price addendum number one. The Smith Lane Joint Use Fire Rescue Station is an approved project within the board's adopted community investment program, and funds are budgeted within the General Capital Improvement Fund. So, Mr. Chair, members of the board, I think in keeping with the board's priority commitments to public safety, I would request the board approve the Construction Manager at Risk Guaranteed Maximum Price Addendum No. 1 with Whitehead Construction in connection with the Smith Lane Joint Use Fire Rescue Station Project in an amount not to exceed $1,739,449.70. Questions? Motion? Mr. Chair and Mr. Board Member.

Second. Got a motion and a second for approval. Any other comments? Seeing none, all in favor say aye. Aye. Opposed, like, sign. Motion carries.

Final item, Mr. Chair, members of the board, item number G3 is to request the board to approve a right-of-way agreement between Polk County and Mr. and Mrs. Newen in connection with the Thompson Nursery Road Phase 1 Segment 4 Roadway Improvements Project. Today's board action will reflect a property acquisition expense not to exceed $455,000. Polk County has a Phase 1 project to improve and realign Thompson Nursery Road from West Lake Ruby Drive to US Highway 17, consisting of primarily a new alignment for a four-lane corridor. The project is separated into four segments due to the nature and associated challenges with certain portions of the alignment. Segment four consists of primarily widening from two lanes to four lanes the existing Eloise Loop Road from just east of its intersection with West Lake Ruby Drive to a point approximately one mile to the west of that intersection and includes some realignment near the western end. The engineering for this segment is very nearly complete, and all full acquisition is expected to begin later this year. The board previously adopted a resolution authorizing negotiations with written offers in connection with this project. Parcel number 173 has been identified as a whole-take fee parcel needed for the realignment portion as well as for a stormwater retention pond. The parcel is a planted residential lot containing approximately two-thirds of an acre located along the north side of Eloise Lube Road, which is improved with single-family residents. The county contacted the owners of the parcel, and they expressed an interest in moving forward with the acquisition process. The county hired an independent appraiser to establish a value of the parcel, and subsequent negotiations with the owners have resulted in a proposed settlement of $450,000. The owners have not incurred any attorney's fees or expert cost in conjunction with this acquisition, and the county attorney's office and the real estate services director have reviewed the agreement and recommend approval. The alternative to acquiring this parcel through condemnation litigation would result in substantial additional cost to the county. Approving this right-of-way agreement, authorizing issuance of funds for the purchase, and hiring American Government Services Corporation to close the acquisition will allow the county to close the transaction and take ownership of the parcel for its intended use. Funds are available for the purchase of this parcel along with closing costs within the Transportation Impact Fee Zone A Fund. So, Mr. Chair, members of the board, I think consistent with the board's priority commitments to transportation infrastructure, I would request the board to approve the proposed right-of-way agreement and authorize the issuance of funds in the amount of $450,000 for the purchase of the property and I'd also request the board approve the hiring of the American Government Services Corporation to close the transaction and approve paying closing costs in the estimated amount of $5,000 for a total acquisition cost not to exceed $455,000. Mr. Scott?

Manager Beasley, if you could, I think for the benefit of those that didn't watch the agenda briefing on Friday, just that brief history we talked about on how flexible the county was with this property owner with respect to the timing of this property purchase. I'm a willing seller, but if you could just give some more detail.

If I could defer to Scott Lowry, the Real Estate Services Division Director. Scott's got a lot of institutional knowledge on this whole corridor and this partial in particular.

Well, I think the flexibility comes from the fact that we weren't building the road until now. Basically, this project was put on the shelf about 15 years ago. So we initially talked to him as early as 2009. Again, we couldn't work out a deal. He had a tenant in there, so he wasn't interested in selling. His tenant vacated the premises about a month ago, and the timing was actually perfect.

And we started buying lots right across the street there. I can remember we probably bought that three years ago, right? So this has been a long, long process.

Well, this lot down the corner we bought in 2007.

Okay.

Longer than I thought. Yeah. That was a little early. The bulk of them were 2009. Okay.

All right. Thanks. Thank you. All right. Any more questions, comments, motion? Motion for approval. Second. Got a motion and a second. All in favor, aye. Aye. Aye. Opposed, like, sign. Motion carries. That's it for my office, Mr. Chair. Commissioner Troutman.

Yes, I just wanted to say last week the majority of us, well, all of us that were in town, attended the funeral of our chaplain, volunteer chaplain Hector Cruz that served with Polk County Fire Rescue. Just, again, send our condolences to the family and thank the community for the support that was shown in his passing. That's it.

crucial thing a couple things uh... wants to fall on commissioner drummond's uh... sam sent them here for chaplain crews and his family uh... but you know it's a reminder every day that there's men and women of uh... of folk fire really put their lives on the line no matter what position you hold and i know that service it was tremendous to see the support and as the procession went uh to the the burial site um how many people stood by the roadside and you know saluted those uh that were in the procession but i think just a reminder every day you know if you see a first responder wherever you're at just tell them thank you um it's oftentimes you know they're coming to our rescue in our worst time so i think instead of waiting until they pass along to show them how much gratitude you have it's very important to show them while they're here so we'll just pass that along uh on to uh A topic that I had brought up several weeks back, CareerSource Polk. I've got a resolution I want to propose this morning, but this is on the backside of just a quick background. I'm the local elected official representative. that sits on the CareerSource Polk board and had some concerns of some of the data that I was seeing based off of the Florida CareerSource dashboard as far as our ranking goes and how we're doing performance-wise comparative to our counterparts and other parts of the state. So after going through that, we actually... received a letter from the state that has now brought the county into some responsibilities in addition to CareerSource Polk having some, and this comes on the heels of their performance improvement plan. So with all that being said, and Mr. Mink, if you want to give more background, but I guess there's a reason that we have this resolution proposed this morning for this action. Do you need to speak on behalf of that?

I believe the board's familiar that we received a letter from Curse Horse, Florida, which laid out several issues and concerns in which they had regarding the executive director along with Curse Horse Polk. which I believe supports at this time at least a temporary removal to allow the board to have a governance review of CareerSource Polk. What's being proposed is a temporary removal of the executive director. until reinstated by this board to allow for that governance review that is removal without compensation. It basically states in there that she shall be treated as not as being permanently removed until reinstated by the board not to have any access to the buildings, offices, computer programs, computers, emails, basically as she's no longer the executive director. One of the things the board had asked me to look at the contract, that contract is with the CareerSource POKE board. It does provide, just so the board's aware of, 52 weeks of severance pay. I understand her current salary is around $220,000, so that I'm sure will be probably subject to litigation if we get into litigation, but that's one thing the board should be aware of. Other than that, unless y'all have any questions, I believe this is what I was directed to do at the agenda review to bring back to the board.

Mr. Mink, that severance pay is for without cause termination, is that correct?

That's correct, and there's specific causes listed in their agreement. Some is regarding being convicted of a felony. Also, I believe it's willful neglect of duties. So there is, as I explained, that's between them and the board. Polk County, what they refer to as the CLEO, the Chief Elected Official. Officer has the authority under statute to remove the executive director, the board with calls. And at this point, we at least have the preliminary calls to temporary remove to allow us to go through that governance process, which me and the county manager has been working on. I believe we should have someone to do that very quickly. Also, we believe we'll have a recommendation to Chris Pope for interim director. Only they're the ones that has to prove that. But we do plan on providing someone as our recommendation from the county manager's office as a interim director.

Yeah, and this is a convoluted mess, in my opinion, when you've got an organization that's a nonprofit that we oversee the director, but we don't pay the director. We don't have a contract with the director.

We don't appoint the director, but we can remove the director.

Yeah, it's a mess. And I think however this turns out, we need to revisit this with CareerSource Florida. Is this really the best way for this to be operated? Or do we even need it? I mean, I keep questioning Indeed and Monster and all these other companies. services out there that do the same thing. So we'll get into that.

I think that come out in the governance process as far as whatever changes in the, the relationship that this board may have with Chris or spoke along with the oversight of any appointment of executive director. And stuff. I think that's something I think will come out in the governance process that, you know, just looking at some things that we could change to hopefully prevent this from occurring in the future and the board being more involved if necessary before you get into a PIP or performance improvement plan and everything. So.

All right. And that was in the form of a motion, right? Just one other thing on the backside of this. So really, for me, going back to when I was on the board initially coming on into this office, you know, from a. Nothing really blatant as far as what the board or the CEO was presenting at the time. But when you go into a performance improvement plan, it's there for a reason. We have metrics that we're held to. And when you look at our data, as a career source poll, we rank from 17th to, I think, 21st, which is last. And so to be last in anything in this county certainly is not my standards and it's not our standards here on this board. So we don't necessarily have to be number one, but we've got to be. striving to get there, and what are we doing? And what it was telling for me on this particular one, and again, it's in the CareerSource Florida letter, the CEO had an opportunity to present herself at a meeting, I think on the August 27th, and declined. And so when you're on a PIP, and you're being basically summoned to go in front of CareerSource Florida, and you still say no, that to me is significant disregard, I think, for what the organization could do, because Commissioner Roswell, to your point, Do we need it or not? I mean, I've seen it do a lot of good work, but I've also seen some pitfalls where it's not doing, I think, what it could do. So I look forward to the governance review. And so with that, it would be a motion to adopt a resolution temporarily removing the executive director of CareerSource Polk, President and CEO Stacey Kimball-Dominick.

Second.

Okay, got a motion and a second. Any further discussion?

Yeah, just for the discussion, and again, this letter is obviously a public record, but to get a letter from the state agency that says, quote, alarmingly, we have noted a trend of non-cooperation, questionable fiscal management, and in some cases, outright deception by President, and it names her. To me, the people of Polk deserve better. The amount of tax dollars that are available for workforce training and to have somebody who is involved in a improvement plan going back to March of 26 and to then violate that improvement plan and to then not show up to be held accountable, I believe that clearly defines a willful failure to perform your job duties. And the people of Polk and this board deserve much better.

All right. Got a motion and a second. All in favor, aye. Aye. Opposed, like sign.

Motion carries. All right. And then just on the heels of that, another motion to adopt a resolution authorizing deviation from approved procedures for source selection as set out in the Polk County Procurement Ordinance and Purchasing Procedures Manual for a governance and management review of career source Polk. That's a motion.

Motion for approval.

I second. Got a motion and a second for the L2.

Any comments?

Yeah, just to add to that. The reason for this resolution is, again, because of the CareerSource Florida letter. Prior to that letter, we were studying, if you will, to understand what Polk County's involvement was and what we could or couldn't do or what are we responsible for under CareerSource Polk? Well, the answer is now defined in that CareerSource Florida letter, which states that we, as Polk County BOCC, now have an obligation to provide this governance review and some more details of which we don't have an internal team that's experts in this matter. And with the timeline that's now given to us from CareerSource Florida, There's not a way for us to go through normal procedures. So this one, it's not us wanting to circumvent really any procedure just because. It truly is the corner we've been put into by CareerSource Polk, by their inactions. Now we're called to action in a fairly tight timeline. So again, this procedure, this resolution is to allow us to get an expert in-house and go ahead and provide that response back to CareerSource Florida.

And this will be a cost to the county, not reimbursed by the state, I assume.

I believe that's the case at this time and stuff. At this time.

We will seek and inquire about that. And they gave us, just for their record too, they gave us 15 calendar days to respond.

That's correct. Although we've been trying to see if we'll get an extension, they have not given us one, and they have not told us they would give us one or commit to one at this point. So we are under that timeline of 15 days of lease, and I believe this shows the seriousness that Polk County has taken. I think that will go far with your source. Florida, and we at least will have a pretty good response by, I believe, September 15th is when it will be the next board meeting in which this board can act on an idol.

And I believe that the letter was dated last Tuesday, so our 15 days is coming up like next week.

Yeah, and if you recall, we did not get that letter until later in the evening of that Tuesday, so we have had it for almost less than a week. at this point in time.

I understand. But again, a short time frame. So again, for our procurement procedures, that's the reason for that resolution.

I know that we're going to do everything we can to get that 15 days, but what if we don't? What's the consequence?

We are working with that right now. Their letter says they're going to turn it, at that point, escalate it to the governor. It is, I think, the consequence currently. So that's where we're at.

Mr. Chair, we will respond within that time frame.

And that's all you're required to do is respond or respond with a...

I think, given our progress calls with CareerSource Florida, I think we're showing progress... spirit and intent and I'm optimistic that we will respond in that timely manner and I think the state will be satisfied with that response.

Did we get a motion in a second? All in favor say aye. Opposed, like, sign. Motion carries. Anything else? I don't have anything. We'll move on to public hearings.

Thank you, Mr. Chair. Before we begin public hearings, I will go over the public hearing general procedures. I will remind everyone, if you wish to speak on any of the public hearing items today, you need to fill out a speaker card in the back and give the card to a member of the communications staff. 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 the topic. Individuals speaking during the public comment section of a matter will be strictly limited to three minutes. The board is experienced in 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 unnecessarily 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 this break. disrespectful sounds or utterances which another is speaking are 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 the testimony evidence upon in which the appeal is to be 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 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, the truth, the whole truth, and nothing but the truth?

I do.

Thank you. Mr. Chair, at this time, I will go over 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 planned 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 public will consider The board will consider the land use case. At any time, a full presentation for 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, I will turn it over to Mr. Zisco to present the expedited hearing.

Thank you, Mr. Mink. Good morning. For the record, Ben Zisco, Land Development Director. There are two items on the expedited public hearing portion of today's agenda. Item number N1 is an expedited public hearing for case LDC PAL 2026-2, Main Street Corridor Text Amendment, to adopt a new future land use designation to be called the Main Street Corridor. This item was approved by the board on July 21st. However, following subsequent conversation with the Florida Department of Commerce, There were two slight amendments that were made to this item and we're presenting it to you today for readoption. Those two items deal with residential lots and with cross connectivity. So the main street corridor is intended to provide additional densities, flexibilities and intensities and development incentives for those areas in the county that we have identified as redevelopment areas. Some of those do include existing residential development or residential lots. The amendment as suggested by Florida Commerce states that a lot of record that exists within a Main Street corridor may be developed as a single-family lot and that the lot of record and the rights of the residential development are vested. And the second component is that the original text of this amendment required cross connectivity between adjacent parcels the requirement has now been revised to an encouragement so cross connectivity is now encouraged rather than required staff finds that these two amendments are still in harmony with the intent and the nature of the the draft that was originally approved and that the impacts of these two amendments are de minimis so we are here before you requesting re-adoption so we can transmit or send the final package back up to Florida Commerce. Questions? Yeah, go ahead.

And Ben, this goes back to the reason that they got kicked back was primarily due to Senate Bill 180 potential conflict. Is that correct?

That's correct. Staff believes wholeheartedly that as adopted originally, that we are not in violation of Senate Bill 180. This is a new land use category. So there is no more burdensome or restrictive provision because nothing exists today. However, in that discussion, the state was interpreting that they could see a challenge or could see some gray area with Senate Bill 180. So in an abundance of caution, we're making those two amendments.

Thank you, Mr. Chair.

All right. Any other comments, questions? All right, I'll open a public hearing. Anyone wishing to speak on this matter, please come forward. Amber, we got anybody?

No, sir, we do not.

Okay. I don't see anybody coming forward. I'll close the public hearing and bring it back to the board.

Motion for approval. Second.

Got a motion and a second for approval. Any further discussion? Seeing none, all in favor say aye. Aye. Opposed, like, sign. Motion carries.

Mr. Chairman, item number N2 is an expedited public hearing for case LDCT 2026-10, Airport Impact Districts, to amend Chapter 6, Section 641 of Land Development Code to include provisions related to development near the existing airports within Polk County. this is a text amendment in an effort a continuing effort to streamline our land development code to make it more user friendly for both applicants and for staff there is currently a interlocal agreement through the joint airport zoning board which contains regulations related to development near airports this amendment simply takes that language and embeds it into the land development code so that the development community and staff has a one-stop shop of having all regulations in one document. Through this process there's also some updating related to airport names and other grammatical issues that were in the ILA so that when Everything transfers to the land development code. It will be the current This is a first reading of a text amendment to land development code today So no action is required and following any questions or comments.

We will bring it back to you in two weeks for adoption questions comments I'll still open a public hearing anyone wishing to speak on this matter. Please come forward. I

We did not have anyone, sir.

Okay, thanks, Amber. I don't see anybody, and we will continue on to the next item.

Mr. Chairman, that concludes the expedited portion of the public hearings, and I'll now turn the floor over to Mr. Lowry.

Good morning. For the record, Scott Lowry, Real Estate Services Director. I only have one item today, which is a petition received from Madaniah Yon Esquire as authorized agent for Jason and Jamie Bogdan to vacate a portion of a platted utility and drainage easement over lot 23 as shown on the plat of High Glen as recorded in plat book 66 at page 46. The plat filed in 1978 dedicated various rights away and easements throughout the plat to the public. The petitioners are the owners of lot 23, which contains a single family residence and is encumbered by a 30-foot wide platted utility and drainage easement along the northern or the rear boundary of the property. The petitioners have requested the vacation of the south 20 feet of that easement to clear an encroachment of a portion of a shed and a screen room that was built without a permit in order to resolve an open code enforcement case. The appropriate utilities and county divisions were notified and no objections were received. Staff recommends the board adopt the resolution to vacate a portion of the platted utility and drainage easement shown on the plat of High Glen as more fully described in the legal description contained in the petition and the resolution. And I'll remain standing for any questions. Also, the petitioner and their legal counsel is here if you have any questions for them. Any questions?

All right, I'll open a public hearing. Anyone wishing to comment on this, please come forward.

Go right ahead. Good morning, Matt and I are John, 935 Main Street, Suite C4, Safety Harbor, Florida, 34695 for Mr. and Mrs. Bogdan. Two things I want to point out to you. They're requesting to take this 30-foot easement, which is applicable to only four lots in the plat, down to a 10-foot easement that's just like the lot immediately to the east of them in the majority of the lots. Failure to approve this would put the easement four feet outside of their back door. it removes any potential to really use that backyard in a way that Floridians use. Like, for example, the lot to the east has a pool in it. So with that, available for any questions. Thank you for your time.

All right. Thank you. Any questions? All right. Anybody else?

No, sir.

All right. Seeing no one else, I'll close the public here and bring them back to the board. For approval. Second. Motion and second for approval. Any further discussion? Seeing none, all in favor say aye. Aye. Opposed, like, sign. Motion carries.

Thank you. Mr. Chair, I have the next item. O2 is a public hearing to consider adoption of an ordinance of the Polk County Board of County Commissioners entitled the Polk County Property Maintenance Ordinance. As the board is aware, this was presented to you at the previous board hearing. This is amending the property maintenance ordinance. Mostly it changes, makes some corrections that we have learned over the years, makes those corrections, and then the other portion of it is that it makes it clear that it's the responsibility of property owners adjacent to local roads to maintain all the way up to the edge of pavement. It also provides a process in which if someone does not maintain private drainage easements, the county after given notice can go on and make those corrections and charge the cost back to the property owners. As you'll recall, there was individuals that got up and spoke about some questions he had regarding the overgrowth. We have worked with him and we have made it clear that it doesn't apply to cultivated crops and stuff. And we shared that language with him and he had no objections to it. So I believe we've made those corrections and It's recommended for approval.

All right. Questions? All right. I'll open a public hearing. Anyone wishing to speak on this matter, please come forward.

No one signed up, sir.

Okay. Thanks. All right. I don't see anybody coming forward. Bring it back to the board. Mr. Chair, if I may.

If we can motion, but do you have a comment? Go ahead. Just a comment. Just a reminder to those out there that watch these meetings or attend them, As one person, this is a prime example. You can't have a difference. You can't make an impact. If you're hearing something, seeing something that isn't understood or maybe needs to be improved, voice it out. Because again, this is where we work with one individual to help us refine an ordinance that's going to be applicable across the county. So thank you, Mr. Mink, for taking the open ears for that and doing that. And I think it just shows the power of one can have an impact on the rest of it. So with that, I would make a motion for approval.

We've got a motion and a second for approval. Any further discussion? Seeing none, all in favor say aye. Aye. Opposed, like, sign motion. Carries on to 03.

Mr. Chair, before we go into the actual hearings for 03, my understanding, we do have a request for continuance on this. So prior to hearing the case, I would ask the board to go ahead and hear that continuance. I believe that is from the applicant. So I believe his attorney, Ms. Rubenstein, is here to present that. And then if we could, we'll allow anyone in the audience. to respond whether or not they object to the continuance. And we would need to keep any type of discussion limited to only the request of continuance at this time.

Go right ahead.

Thank you, Board. Lauren Rubenstein, for the record, with the law firm of Hillward-Hunderson, here on behalf of the applicant, Swan Capital Partners, LLC. And before you today, first and foremost, is a request for a continuance. My client did request a continuance originally on August 17th. It was less than 20 days before hearing, and therefore it's at the pleasure of the Board. I understand that the organized opposition has objected to our request for a continuance. We did reach out upon my engagement. We saw an opportunity for some additional public outreach that we would feel is very valuable. We asked if they would be willing to agree to it, and the organized opposition has replied that they object to it. We were prepared to withdraw that request for continuance today, but there were a couple of things that came up. First and foremost is the absence of Commissioner Santiago. When my client was given the two dates for hearing, he was not informed that Commissioner Santiago would not be present. If he had, he certainly would have picked a date where the full commission was there. As you know, this is an extremely important application for my client. the commissioners and the commissioners are at risk here. His constitutional private property rights are at risk here and he certainly feels that it would be in the interest of fairness and due process in order to present the application to the full board and have the benefit of all of the commissioners having that input and deliberation. That' s our first reason for that we are still seeking to conduct. We have secured a meeting space at the Kathleen Historic Society on September 11th at 6 p.m. to host another community meeting if this continuance is granted. Additionally, there was a host of public outreach that was done by my client going door-to-door over the last few days, and we do have... statement from a property owner along pain road mr. Scott heard who owns the 15 acres immediately to the west that abuts the property his statement I'm here to submit into the record is in support of the continuance and desire to have another public hearing as well as support of the application we also have eight letters of no objection that also indicate you'll see on the bottom of them that they would like to have some additional neighborhood meetings in order to provide some input, address concerns. There is a letter in here from two residents on Payne Road who do have some concerns about the property, but would like the opportunity to meet with the developer and talk through the project and what's proposed at this time. So with that, I'd respectfully ask to... enter those into the record and request your consideration for a continuance on this matter. Thank you.

Thank you. And if we may, Mr. Chair, is there a date certain that you're requesting a continuance to?

I believe the original request was for October 6th. However, I will note that in your land development code, it does require that continuance be no more than 30 days. So I'm afraid that would be outside of it. We're willing to come back on September 15th, I believe it is, for the next meeting, unless the board would like to extend that time.

Thank you. All right, and we'll continue any comments. Anyone else wishing to speak on this matter of the continuance?

Sir, I do have two that have signed up.

Oh, okay.

And this is for the continuance?

Well, they signed up before they knew there was a continuance.

I think at this point we would go ahead and give that. But at this point we would open it up for anyone who wants to speak against or for the continuance. If you would come up to the podium.

We'll clarify this. Do you want to speak on the continuance or on the case? Continuance. Okay.

Good morning, Commissioners. I had sent a letter in, an email, on behalf of our Deason Road organized opposition when we found out that the developer requested the continuance. And I would just like to reiterate what I said in that email. I'm writing on behalf of the residents and community members who have organized in opposition to the proposed Deason Road development regarding the DeNovo hearing currently scheduled for September 1st. We were informed Thursday, August 20th that the applicant has requested a continuance of the September 1 hearing in order to retain and prepare lead land use council. We respectfully ask that the board maintain the hearing on the date originally scheduled. As we understand the county's process, requests for continuance are to be submitted in writing at least 20 days prior to the scheduled hearing. We also understand that the September 1st hearing date was originally selected at the applicant's request. Our community has relied upon that scheduled date and has been actively preparing to participate in this hearing. At this time, I'll ask everybody who's here for Deesom Road to stand up, please. We fully prepared to be here today, and we're just asking for you guys' consideration on that. We know that the applicant asked for the continuance in less than the amount of time that he was supposed to. And it's our feeling, our concern, that if he was so concerned with meeting with us prior to this, he's known that he filed this de novo for almost three months. So it kind of seems a little too late for us. Again, we appreciate your consideration.

Can we get your name and address?

My name is Lindsay Hobner. I live at 5130 Greenfield Road. The Blackwater Creek Tributary Floodway runs through my property.

Thank you. Anyone else going to speak on the continuance? Roger Allen, are you here to speak on the case or the continuance?

Case.

Okay. And Guy Lalonde? On the case. Okay. All right. So we'll hold you for that.

We'll close the public hearing, bring it back to the board. What do you all want to do? Mr. Chair, I'd make a motion to deny the continuance. It seems like a lot of people probably took off work today to be here. Second. Okay.

We've got a motion to deny the continuance. Any discussion? All right. All in favor say aye. Aye. Opposed? I will oppose that. So it's 3-1.

We will hear it. Mr. Chair, before we present the case, let me go over the de novo hearing procedures. Following is the summary of the procedures governing de novo hearings pursuant to Polk County Resolution 2022-090 procedures. First, staff will present the staff report and recommendation. After staff presents the staff report and recommendation, the applicant will have 30 minutes to present the applicant's case. After the applicant's presentation, any organized opposition will have 30 minutes total to present their case. If more than one person or entity qualifies as an organized opposition, the 30 minutes is split equally amongst them. For example, if three individuals qualify as an organized opposition, then each will have 10 minutes to present their case. Organized opposition shall consist of any entity or individual that has filed an application for de novo hearing, which have received written authorization from at least five entities or individuals speak on their behalf, and those entities or individuals have agreed to waive the ability to speak during the public comment portion of the public hearing. After the organized opposition presentation, the public comment portion of the public hearing will be open. Each speaker during the public comment will be allotted three minutes. Individuals who are represented by organized opposition will not be allotted three minutes during the public comment. Once public comment has been closed, the applicant will have five minutes and any time reserved from the applicant's case presentation to respond to the organized opposition and public comment. The applicant's response, the chair will close the public hearing, and the board will discuss and vote on the matter. The noble hearing record, all documents attached to the agenda and presentations given, shall be deemed part of the record unless removed from the record by motion of the board. County staff submitting the staff report shall be deemed experts in land planning unless disqualified by motion of the board. Applicants, organized opposition, and public may request documents to be entered into the record during their presentation. Applicants, organized opposition, and the public may request a witness to be recognized as an expert during their presentation. Applicants, organized opposition, and their witnesses are subject to cross-examination by the other party. Ex parte communications. The board members received numerous communications from the public. Unless otherwise stated, it should be presumed that ex parte communications have been made to the members of the board regarding the matter. During the hearing, the applicant, organized opposition, and the public may request the board to disclose any ex parte communications or site visits they may have had regarding the matter. and question the board regarding those communications and site visits. Unless the board member accuses itself, they have determined that he or she is able to hear the case and fairly and impartially make a decision on the matter based on the substantial competent evidence of the record. Decorum, just a reminder, the commission expects civility at all times. Quasi-judicial matter. De nova hearings are quasi-judicial, which means the action entails applying land development policies to a specific land development application in a fair and impartial manner. The Commission's review is limited to two areas, consistency and compatibility. Therefore, the evidence and testimony you give must be relevant to whether the application is consistent with the Polk County Comprehensive Plan and Land Development Code and whether the application is compatible with the surrounding area. Information that is relevant or repetitive only serves to frustrate and necessarily prolong the hearing. Regarding consistency, the Commission must determine whether the application is consistent with both the Comprehensive Plan and the Land Development Code. The staff report and presentation will provide expert analysis and opinion regarding the applicable criteria as well as a recommendation as to whether the application is consistent with those criteria. Regarding compatibility, the commission must determine whether the application is compatible with the surrounding area. The commission will be presented with testimony evidence at the hearing, both written and oral. By law, the only evidence the commission may consider is competent substantial evidence, which means the evidence that is sufficiently relevant and material that a reasonable mind would accept as adequate to support a conclusion. Following items are competent substantial evidence, evidence that is fact-based and relevant to the applicable criteria. staff reports, staff presentations. Citizen testimony may become competent, substantial evidence so long as it is fact-based and may include testimony regarding subjective matters that do not require expertise, such as aesthetics and compatibility of project with a surrounding neighborhood. However, popularity polls, petitions, testimony that is hypothetical, speculative, based on fear, or consists of generalized statements that do not address the land development criteria are not competent, substantial evidence. For example, fear that the project will cause increased traffic or crime is not competent substantial evidence. Lastly, when expertise is required for technical issues like traffic analysis, engineering, drainage, wetland impact, school and utility capacity, light and noise pollution, or the applicant's impact on property value, citizen testimony is not competent and substantial evidence unless the witness is qualified as an expert in those areas. At this time, I will ask the commissioners to disclose any ex parte communication, site visits, personal knowledge, or other information that you may have regarding this case, public hearing case LDPD 2026-6, Deason Road RRD, that you need to disclose at this time, and I will start with Commissioner Troutman.

Attorney, attorney, may I interject? I apologize. I didn't catch you before you started. Uh, we, uh, the applicant is withdrawing the application. Thank you.

All right. Thank, well, thank you. So at this time, the case has been withdrawn. Um, so no action need to be taken by the board.

All right. So let me get it straight. They wouldn't draw on we're done. Anything else do we need?

I don't think there's a need for a public hearing. Let's go have a motion to accept the redraw, but I don't think it's necessary.

Mr. Megan, just to clarify, what's the redraw? If they wanted to reapply, they can apply. Yes, sir. I don't see if there will, but for those that attended the meeting today, there's not a...

actually be taken by the board. I think by withdrawing it, um, I'll go ahead and have a motion from the board, but at this point it's withdrawn. I don't think there's a need for a public hearing.

Okay. We've got a motion and a second to accept the withdrawal. Any more discussion?

Again, I think just for the education for the public, first of all, thank you for being involved and taking the time to get here. Um, I suspect we will see this again. And so in that, if it allows more time for neighborhood meetings and all of that, I just encourage everyone to stay as involved as possible.

All right. Anything else? No. It sounds like we've got a motion and a second. Yep. Okay. All right. Motion and a second. All in favor say aye. Aye. Opposed, like sign. Okay.

The case is withdrawn. And now we will go to, now we may want to give time for individuals to clear out because I believe most of the individuals here are for that case.

Just to be clear, well, we've already done that. Never mind.

So that 03 has been withdrawn, and I'll give you all time to clear out, but then we'll go to requests from the general public. Yes, sir.

Oh, there's like a crowd.

Thank you.

All right, Mr. Chair, I believe we can go ahead and go to Pete.

All right, we'll move on to public hearings. First person I have is Kay Bork. Okay? Oh, there you are.

Caught you off guard, didn't it? It did, absolutely. Kay Bork, 1133 Burg Road in Fort Meade. Thank you for allowing us the opportunity to continue to come and talk to you about important animal welfare issues in Polk County. I had the opportunity to volunteer at a couple of adoption events in the last couple of weeks. One was at a rescues adoption event in a local PetSmart, and the other one was at the shelter on Saturday at Animal Control. Both events had a good many folks show up to adopt, which is great. Both groups wished there had been more. That's the way we always are. And both of these groups wished there had been less animals that needed adoption in the first place. They're all available for adoption because somebody didn't spay or neuter and litters were born. Somebody dumped an animal. Somebody treated a living thing as disposable. Or in some cases, life happened. People died or somebody got deported or somebody lost their housing. Collectively, we keep expecting shelters and rescues to somehow absorb all of these endless supply of animals. But in the end, we have to ask ourselves, what are we as a community doing to stop creating more animals than our community can responsibly care for? I wanted today to share some of the community efforts that are being made to address the problem before an animal reaches the shelter, as well as caring for those who are already in the pipeline. There are groups in this county who are providing lower-cost spay-neuter services through grants and donor funding. Matter of fact, we just got an announcement this morning that TLC Pet Snips' low-cost spay-neuter voucher program is live as of today. This is due to many generous community members who donated to this effort. And I just wanted to read one thing that they said on the announcement. This program is about more than providing a discounted surgery. Every spay and neuter helps prevent unwanted litters, reduces the number of animals entering our local shelters and rescues, and helps build a healthier community for pets and the people who love them. This is the kind of activities that we as a community continue to provide and we have to continue to provide because if we don't stop the flow, we're just going to keep having more and more animals coming into the shelters. There are groups who are working with backyard breeders who have lost control to stop litters. There are hundreds of fosters in Polk County who are giving an animal a second chance to learn how to live in a home. And in August, just as an example, one of these rescues adopted out 115 dogs. And that's after 111 adopted out in July at the same rescue. These people are really working on trying to find better outcomes for the animals, the ones that are already here. So today I want to recognize those folks on the front lines. The shelters, the rescues, the staff and the volunteers, the fosters, they all put their heart and soul tirelessly into this effort. It's hard, it's mentally exhausting, but they keep showing up. They know how important it is to do all they can to try and stop the flow of animals coming to the shelter and the rescues. They say that rescuing dogs will tear your heart out, stomp on it, and bury it where you never think you'll find it. Then along comes another dog that digs it up and gives it back to you. Thank you.

Thank you. Debbie Hicks. Chair, may I? Oh, sorry. Becky, go ahead.

Ms. Bork, just to clarify, because I heard it in the background as I was preparing for the day, I believe they said they're doing the first 15 cats of each day. Is that correct?

I didn't read the announcement on the website. I just read the Facebook post.

Okay. So we can both get some further information.

Absolutely. I don't have all the details.

All right. Thank you.

All right. Miss Hicks?

Good morning, Debbie Hicks, 236 Alderman Road. I just want to thank you for having us wait here through this. And I mean this genuinely. You know, I know we're here because we want to have more things done. I understand that. But you guys do such a great job with some really serious matters. And I've seen a lot of good. And I just want to thank you for that. One of the good things I saw, I'm going back to the other meeting. I loved the meeting that got dissolved, the advisory committee. I loved it because that's what we want to do. We want to have an animal advisory committee that can come in and just help the county just maybe move up and do a little better with the animals and then dissolve. We go home. We don't have to stay around, just help. And I want to thank Commissioner Scott for asking me to go to some shelters. I've been to one of them, going to another one next week. What enlightenment it has been. It really has helped me to look at a lot of things in a bigger picture. I really appreciate that. And I will end with the roundabout at Galloway and 10th street is open. Now they're still working on getting, and I hope that curve, they better have a sign because those people come around that curve. I don't know how fast they're going to go. It's wonderful. I love roundabouts. I know Commissioner Braswell doesn't like the cost of them. But the maintenance has to be less. You don't have the traffic lights. Electricity goes out. You can keep on functioning. You don't have to wait for somebody over there to decide if they're going. Anyway, I wanted to say thank you. We enjoy it. Thank you very much.

Thank you. Kevin Noble. Oh, sorry. Go ahead. Ms. Hicks, once you get the other tour done, if you don't mind, later this year, let's plan a meet-up. I'd just like to share notes on what you're up to.

I look forward to it.

All right. Thank you. Appreciate it. Yes, ma'am. Kevin Noble.

Good morning, Commissioners, for having me back. My name is Kim T. Noble, and I live at 2345 Autry Slope Road in Bartow. You have been... I have copies of the intersection with double yellow line passing for you. Amber. Make sure I get that. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep.

Yep. Yep. Yep. Yep.

Yep.

Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep.

Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. Yep. And there's a greenhouse wide and there's a barbed wire fence. If a bicyclist gets too close to the barbed wire, the barbed wire, it'll scrape their arm open. So I don't pull up in cars. I think what the military are doing is wrong. First Lake Road and after that's the Parkop Road. I use that to go to Frank's Residence for worship service on second Wednesday of the month. I use it 430 to 450 p.m. And the next one is Outdoors Loop Road and Outdoors Road. I use that every Wednesday to go to Randy's Church for worship, 530 to 545 p.m. And two weeks ago, I had to take some donations over to the Woman's Club, and I had to use the trailer after the loop road and Hurley Drive, and two vehicles went around me. That was on call for her. I got to realize that they're going to hurt somebody doing that, and I should not have to blow my horn, but I had to to get their attention. And Shrek Road and after the loop road at the curb, I used that every Wednesday to 535 to 545 p.m., I think I feel that I'm maybe like a do not pass sign or however, or sure enough may have to be involved in this. It's like what a great Joe would say, if you get caught going around a school bus or passing, it's going to be a non-mag ticket for those motorists. And I was like, I can't afford this ticket. And they'll say, you should have thought about that first before you went around that double yellow line or school bus. You should have thought about that first. So, Commanders, I feel that this illegal passing on the WL line has to be addressed. I don't want to get injured out there, and I don't want the walkers out there to get injured either. The motorists, they're going to have to learn no passing on the WL line, no passing. There's no skis for that. So, Commanders, I appreciate you taking the time to address this issue with me. Thank you. Thank you, sir. Mr. Drefer, may I?

Yes. Mr. Noble, just to confirm, so you're, Mr. Noble, to confirm, you're talking about a car passing you when you're on a bicycle. Is that correct?

Yes, sir, on an e-bike.

Yes, sir. Okay, so you're on an e-bike, and then it's on a WL line, two-lane road, and they're going around you, the same direction of traffic. You're riding with traffic in that case? Yes. Okay, thank you. Thank you. Thank you.

Emily Hills? Yes.

Good morning, Commissioners. My name is Emily Hills. I'm a homeowner in rural, unincorporated part of Polk County, Florida. I'm here today to ask that as you continue to review and finalize the upcoming county budget, please consider removing and reallocating any current or proposed additional funding for AI-powered mass surveillance, such as FLOC Safety Corporation's automated license plate readers, or ALPRs for short, within the Sheriff's Office budget. After spending the better part of the last two years researching FLOC and other AI surveillance technologies, I have concerns about our area's use of FLOC Safety Corporation's license plate readers and and what they mean for privacy, safety, and local control in our community. Many of us live here to escape the constant surveillance of big cities and the billion-dollar tech companies that profit from turning us into a product. Unfortunately, Flock does exactly that. Flock's system doesn't just record license plate. It takes six to 12 photos of every vehicle license plate passing, and it uses AI to track details such as bumper stickers, roof racks, window decals, Things that reveal political views, religious beliefs, and gun ownership. And recent reports show that Flock is already piloting additional AI technology to law enforcement, which would allow them to classify people by race, gender, height, weight, or how frequently they visit a particular location. When you combine this type of technology with pre-existing technology already available to our law enforcement officers at real-time crime centers, the goalpost moves beyond safety and targeted law enforcement to blanket surveillance with selective searching. No warrant or case number is required to search these systems. And while Flock has spent the better part of the last nine years swearing, these systems are safe and they have audits and guardrails to curb abuse. Almost every day we have a new story of a law enforcement officer, one recently in Haines City, who was inappropriately using the technology to stalk current or former romantic partners. So between the lack of internal controls, the 22 confirmed vendor-level vulnerabilities in the federal cybersecurity database, that flock is unaddressed in roughly 10 months, the picture darkens further. A camera can be taken over by a hacker in 30 seconds. Condor cameras were found online without passwords, making live footage viewable by anyone. This is very concerning for our community. And yesterday, after months of public demand for accountability, Governor DeSantis and FDOT published a memo directing local agencies to remove ALPRs within 30 days, citing privacy and the need to, quote, preserve Florida's sovereignty and quality of life, unquote. Within a few hours, sheriffs across Florida and counties much more densely populated than ours published statements vowing to discontinue their use and remove ALPRs in their area. With an estimated 73 or more flock cameras currently deployed by Polk County Sheriff's Office, I ask commissioners to please work with the Sheriff's Office to reallocate any funding currently proposed for these AI mass surveillance systems in our fiscal year 2026-27 county budget to other things that the county may genuinely need. As our elected officials, you can help stop these data-hungry Silicon Valley technology snake oil salesmen from profiting off of us. You can stop them from taking advantage of communities like ours and our public servants and law enforcement who share a common interest in our community's safety. Flock is foremost a technology company, and our data is the product. This level of surveillance does not belong in our community. Compromising on our privacy for the sake of security is not inevitable, like these tech companies want you to believe. Please protect the privacy of Polk County citizens. Thank you for your time and your service.

Thanks. I got your name. Could I get your address?

Oh, 345 North Crooked Lake Drive.

Thank you. Yes.

Mr. Abercrombie.

Anybody have comments?

Mr. Mayor, he's coming up just on that as far as anything in the state. passes down. I mean, we're obviously, Sheriff's Department, Sheriff's Office would comply if that's a requirement, correct?

I mean, I would assume if it's a requirement, then he would comply with it. So, and only we don't have any review of the actual specifics of the flock cameras. Right, correct.

Thank you. But you're referring to the fact the governor just outlawed them on state roads, right?

Right. From a perspective, if there were any present on a state road that we would Yeah. Not have a president anymore. That would be the sheriff's office. No, I get it. Right. Okay. Very good. Thank you. Mr. Abercrombie.

It sounds like the sheriff's got too much power. All right. James Abercrombie, 2737 Gibson. You're really good at calling me a liar. You know what? I had a meeting two weeks ago. I brought in public records. All the top of it was deleted. There was nobody, no name up there, no email address. You could have made the thing up to start with. There's three of you up there that didn't make the meeting out, Kathleen, but yet you still abide by what they said. You abide by what the planning... vision interpreted not what was actually said because there was no recording so therefore it's all hearsay every bit of hearsay in order to get the truth you'd have to invite every one of them people back to this boardroom whatever to the courthouse and the planners everybody back to the end of the courts know all of them tell the same story again to get the truth all right now Because you sit there, I requested both a review of the planner's report. Now, I got two same stories. They were identical stories, folks. Go back and watch your records. They both said the same thing. There was no evidence put in there. I asked for one specific part of the evidence that was stated there. Mr. Wade mentioned at a meeting that George Lindsay had a big part in doing the financing or doing the buying of that property, $5.5 million. We all know what Mr. Lindsay's like when he gets in here and starts demanding what he wants. And I just don't think he should have been involved. It happened two years ago. He could have still at the same time, I haven't researched it, he could have been a commissioner at the same time. He didn't have the jurisdiction to go out there and work any kind of deals. If he was a commissioner, he still had to be an approved vendor by Polk County in order to talk on our behalf. You guys are letting a lot of people outside this building become part of our business, your business, not ours. We don't have a business. We have a government that we don't have anything to say in. We now have a waiting room now on the fifth floor. I can't walk in and talk to my young ladies that I've been talking to for months. There's a waiting room. I don't see that in the Constitution anywhere. I don't see it in the Florida statutes anywhere. How are you guys figuring all this stuff out? You letting him run this? What is your problem? Is he smarter than I am, right? Oh, yeah. He can read. He can comprehend. You can't, obviously, especially you.

Who are you pointing at?

Huh?

Who are you pointing at?

You. Your comprehension is way down because you don't understand public records to start with. You all sit right there and give your little cliche about people meeting you, ex parte communication. That does not eliminate public records because I still have an interest on what you had to say. I'll use Mr. Scott here real quick. Nothing against you, Scott, but you don't know. Time's up. Walked around him.

Mr. Bradwell.

And got his answer for the last de novo.

No, just to clarify, since there's Commissioner Bradwell, sorry, since there's four of us here, just to do the math to make it right, there were two of us that were up here that were at the meeting and two that weren't. So he was having some problems with math. I just wanted to clarify. I believe that.

All right. Anybody else?