CITY COMMISSION MINUTES June 18, 2024  Mayor LaCascia called the meeting to order at 6:00 pm.  Minister Eddie Diaz, New Life Community Church gave the invocation. Those present recited the Pledge of Allegiance led by Mayor LaCascia. ROLLCALL - Assistant City Manager Sheandolen Dunn  Present:  Mayor Joe LaCascia, Commissioner Micheal T. Blethen, Commissioner Rick Wilson, Commissioner Michelle Pettit, City Attorney Thomas Cloud  and City Manager Patricia Jackson Commissioner Charles Nichols  Absent:  APPROVE CONSENT AGENDA  Motion by Commissioner Blethen to approve the May 21, 2024 Regular City Commission Meeting, Department Reports, and other items ont the Consent Agenda; this  motion was seconded by Commissioner Wilson. Motion carried 4/0 by Voice Vote. PUBLIC COMMENT - None ORDER OF BUSINESS  PUBLIC HEARING - Ordinance 2024-01  Marisa Barmby (CFRPC) discussed the Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern is an applicant-intated Future Land Use Map Amendment ini the Green Swamp. Area of Critical State Concern "X"to change the Future Land Use from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600 SR33 (parcel number 252631- City Attorney Cloud read the Ordinance by title only. Mayor LaCascia opened the Public Hearing. No one spoke for or against this Ordinance. Mayor LaCascia closed the Public City Manager Jackson reminded the Commission that this Ordinance was approved on First Reading in March and had to go to Florida Commerce for a 60-day review. Florida Commerce returned the Ordinance with no comments as indicated on the Agenda form.  000000-044210). Second and Final Reading  Hearing.  Therefore, it is presented now on Second and Final Reading.  No discussion.  Motion by Commissioner Wilson to approve Ordinance 2024-01 on Second and Final  Reading; this motion was seconded by Commissioner Pettit.    Roll Call Vote: Motion carried 4/0.  Commissioner Wilson = aye, Commissioner Pettit - aye, Mayor  LaCascia = aye, Commissioner Blethen - aye  PUBLIC HEARING - Ordinance 2024-02  Marisa Barmby (CFRPC) discussed the Rezoning in the Green Swamp Area of Critical State Concern is an applicant-intiated rezoning in the Green Swamp Area of Critical State Concern "X" to change the zoning from Convenience Center-X (CCX) to Residential Suburban-X (RSX)ona approximately 1.44 acres in Polk City, located at 9600 SR3 33 (Parcel number 252831.000A044210, Second and Final Reading City Attorney Cloud read the Ordinance by title only. Mayor LaCascia opened the Public Hearing. No one spoke for or against this Ordinance. Mayor LaCascia closed the Public City Manager Jackson reminded the Commission that this Ordinance was approved on First Reading in March and had to go to Florida Commerce for a 60-day review. Florida Commerce returned the Ordinance with no comments as indicated on the. Agenda form.  Hearing.  Therefore, it is presented now on Second and Final Reading.  No discussion.  Motion by Commissioner Wilson to approve Ordinance 2024-02 on Second and Final  Reading; this motion was seconded by Commissioner Pettit.  Roll Call Vote: Motion carried 4/0. Resolution 2024-04  Commissioner Blethen aye, Commissioner Pettit aye, Mayor  LaCascia - aye, Commissioner Wilson - aye  Mayor LaCascia provided a brief explanation on the Resolution endorsing the Membership Apportionment Plan for the Polk Transportation Planning Organization and authorizing the Chairman/Mayor to execute an Amended Interlocal Agreement.  No Discussion.  Motion by Commissioner Blethen to adopt Resolution 2024-04; this motion was  seconded by Commissioner Pettit.  Roll Call Vote: Motion carried 4/0.  Commissioner Pettit = aye, Commissioner Wilson = aye, Commissioner Blethen - aye, Mayor LaCascia - aye  2    Request for Code Enforcement Reduction ofLien - 620 2nd Street  Kathy Delp discussed the property was found in violation for overgrowth, junk & debris, inoperative vehicles, derelict structure by the Magistrate & a fine of $100.00/per day was imposed until the property came into compliance. Code Enforcement worked with the The property was sold, and the new owner was aware oft the Lien prior to purchase, after which, the property was brought into compliance. Therefore, the new owners are asking  previous owner and her family on numerous occasions, to no avail.  that the entire Lien to be released.  Commissioner Wilson asked what the value of the property is today?  Kathy Delp responded that information is not known at this time. Itis not oni the Property Appraiser's website yet. Itstill reflects the previous owner. Ifthe lien is not paid, the City  can foreclose on the property.  The new owner cleaned up the property to stop the accrual of fines. City Attorney Cloud stated the City is not obligated to approve this reduction. Motion by Mayor LaCascia to deny the Reduction of Lien; this motion was seconded  by Commissioner Blethen. Roll Call Vote: Motion carried 3/1.  Commissioner Pettit = nay, Commissioner Blethen - aye, Commissioner Wilson - aye, Mayor LaCascia - aye  Request for Lien Release - 520 2nd Street  Kathy Delp discussed there was a Lien placed on the property for Code Enforcement violations. The property went into foreclosure and was sold at judicial sale for less City staff recommended that the City Commission consider a motion to Release the City Manager Jackson explained that after the Judicial sale there was no money left City Attorney Cloud stated the lien does not vanish. The bank is the only entity that Motion by Commissioner Blethen to deny the request for a Lien Release for 520  than the principal due on the mortgage.  Lien for 520 2nd Street. to pay off the lien.  received funds from this.  2nd Street; this motion was seconded by Commissioner Pettit.  3    Roll Call Vote:  Mayor LaCascia - aye, Commissioner Pettit- aye, Commissioner Blethen - aye, Commissioner Wilson =  aye  Motion carried 4/0.  Request for Code Enforcement Lien Reduction - DKJ Holdings LLC Polk City Kathy Delp discussed the property was found in violation for overgrowth and not maintaining the stormwater pond properly. The Magistrate set the fine at $500.00 per day for repeat violation as the property was found in violation for the same issues two years This causes issues with snakes and rats going into the yards of the people that live in Staff does not necessarily have an issue with a reduction in the amount, however, it needs tol be more than $7,350.00. The owner paid a $4,000.00 fine for the same violation two years ago. The amount needs to be enough to discourage this from happening Motion by Commissioner Pettit to deny the request for a Lien Reduction for DKJ Holdings LLC Polk City, 125 Carter Boulevard (Dollar General); this motion was  (Dollar General) 125 Carter Boulevard  prior.  the Honeybee area behind the store.  again.  seconded by Commissioner Wilson.  Roll Call Vote:  Mayor LaCascia = aye, Commissioner Pettit - aye, Commissioner Blethen = aye, Commissioner Wilson =  aye  Motion carried 4/0. CITY MANAGER ITEMS  Matt Williams Water Treatment Plant Emergency Pump Repair  City Manager Jackson discussed approximately three (3) weeks ago; City staff heard a noise coming from the Matt Williams Water Plant. This noise was located within the Well pump/motor. City staff shut down the plant immediately sO no further damage would Coastal Pump & Equipment was called to evaluate the noise. The technician recommended not using the pump until it could be pulled, taken to their shop and thoroughly evaluated to determine the root cause of the noise. On June 10, 2024, staff received a quote for $42,142.71, noting this repair will take approximately three to four  occur.  weeks to complete.  4    Currently, because the Matt Williams Water Plant is out of service, the entire city is In order to get three quotes for this repair, the perspective repair company would have to go to Coastal and pick up the pump to evaluate, and then provide a cost for repair. This would delay the repairs a lot longer and cost more for evaluating the problem; and Polk City does not have that kind of time. This pump repair is urgent and critical. Staff recommended that Coastal Pump and Equipment repair the Matt Williams Water City Manager Jackson stated the reason this item is being presented to you, yes, it is an Motion by Commissioner Wilson to approve the expenditure of $42,142.71 with Coastal Pump and Equipment for the emergency repair of the Matt Williams Water Plant  running on the Commonwealth and Jacob's Water Plants.  Plant pump in the amount of $42,142.71.  emergency, but it is more than her $25,000 spending limit.  Pump; this motion was seconded by Commissioner Pettit.  Motion carried 4/0 by Voice Vote. CITY ATTORNEYI ITEMS  Financial Disclosure Form 6 Preliminary Injunction  On. June 10, 2024 the Federal District Court for the Southern District of Florida issued a Preliminary Injunction in the case of Loper VS Lukis. Therefore, until further notice all elected officials will revert back to completing a Form 1 Financial Disclosure. The Form 6 sent shock waves across Florida, which resulted in 125 City officials However, this decision will be appealed by the State of Florida to the United States 11th Mayor LaCascia stated this is great news and thanked City Attorney Cloud for this  resigning their positions.  District Court of Appeals in Atlanta.  information.  Cardinal Hill WWTF Consent Order  Florida Department of Environmental Protection has issued a Consent Order for the Cardinal Hill WWWTP. This Order will allow Polk City five (5) years to bring the plant into compliance, and also gives Polk City time to engage with the necessary engineers. The total cost will be approximately $7.5 million. Grant money is available from State and Federal Agencies. Polk City would also be able to get low interest loans for the amount that grants may not cover. City Attorney Cloud has provided City Manager Jackson with individual names and agencies that have been apprised of this issue and are already in conversation with her, and ready to assist in moving this process along properly. City Attorney Cloud recommends approving this Consent Order tonight and authorize  5    the City Attorney and City Manager to move forward accordingly. Approving this Commissioner Blethen commented that the DEP has been failing this plant for years. City Attorney Cloud replied, No, there were only certain issues, and the Bar Screen was one of those, that is now being remedied. Also, be reminded that the water rates have been the same for over 13 years and helped build up Polk City's revenues. Commissioner Blethen complained that raising rates while people still cannot feed City Manager Jackson stated a Rate Study is already ini the process, which will determine how we proceed next. Rate Studies are done every three to five years. Motion by Commissioner Wilson to approve the Cardinal Hill WWTP Consent Order;  Consent Order will keep Polk City in compliance of the State law.  themselves.  this Order was seconded by Commissioner Pettit.  Motion carried 4/0. COMMISSIONER ITEMS Commissioner Pettit - None Commissioner Wilson - None customers were issued refunds. ANNOUNCEMENIS ADJOURNMENT - 7:40 pm  Commissioner Blethen - Was not given the Oath of Office in April. City Manager  Jackson administered the Oath during this meeting.  Mayor LaCascia Commended Utility Billing and Finance Staff on their work with the recent computer glitch. As a result of this glitch approximately 2,500 auto-pay utility  N  Patricia Jackson, City Manager  Mayor  gi6  6