POLKCITY  City Commission Meeting (6pm) Polk City Government Center 123 Broadway Blvd., SE  June 18, 2024  CALL TO ORDER - Mayor Joe LaCascia  INVOCATION - Pastor Walter Lawior, New Life Community Church  PLEDGE OF ALLEGIANCE - Mayor Joe LaCascia ROLL CALL - Assistant City Manager Sheandolen Dunn  ESTABLISHMENT OF A QUORUM APPROVE CONSENT AGENDA PRESENTATIONS AND RECOGNITIONS Proclamation for Juneteenth Day  1.  OPPORTUNITY FOR PUBLIC COMMENT - ITEMS NOT ON AGENDA (limit  comments to 3 minutes)  AGENDA  1.  PUBLIC HEARING - Ordinance 2024-01 - Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern is an applicant-intiated Future Land Use Map Amendment in 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 SR 33 (parcel number 252631- 000000-044210). Second and Final PUBLIC HEARING - Ordinance 2024-02 - 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) on approximately 1.44 acres in Polk City, located at 9600 SR 33 (Parcel number 252831-0000004210, Second Resolution 2024-04 - A Resolution endorsing the Membership Apportionment Plan for the Polk Transportation Planning Organization and authoring the  Reading  2.  and Final Reading  3.  Chairman/Mayor to execute an Amended Interlocal Agreement. Request for Code Enforcement Reduction of Lien - 620 2nd Street  4. 5.  Request for Lien Release - 520 2nd Street    6.  Request for Code Enforcement Lien Reduction = DKJ Holdings LLC Polk City  (Dollar General) - 125 Carter Boulevard  CITY MANAGER ITEMS  1. Matt Williams Water Treatment Plant Emergency Pump Repair  CITYATTORNEY ITEMS  1. 2.  Financial Disclosure Form 6 Preliminary Injunction Cardinal Hill WWTF Consent Order  COMMISSIONER ITEMS Commissioner Nichols Commissioner Blethen Commissioner Rick Wilson Commissioner Michelle Pettit Mayor Joe LaCascia ANNOUNCEMENTS ADJOURNMENT  Pleasen nole: Pursuantlos Section 286,0105, Florida Slatules, ifap persond decidesl loa appeal anyd decision madet byt the Cily Commissiony withr respecttoa anym matterc consideredo during! lhisn meeting. heorshew Act. willr need (863) 984-1375. Polk Cilyn may take action ona any matter during thism meeting, includingi itemst that arer nots sel forthy within lhis agenda. Minuteso ofthe Cilyc Commission meetingsn may be obtained nave Clerk's office. Then minutesa arer buta arer nol1 transcribedy verbatim. Persons requiringa verbatimt transcriptr maya arrangew witht the City Clerk tod duplicate ther recordings, or arrangel loh a courtn reporter  loensuret thatav recordo ofthep proceedingsis made, with disabilitiesr needing anys special  includes! Ihet teslimony ande evidence uponw whicht thea appealislobebased. Inaccordancey witht the Americanw Polk withD Disabilties aperson lop participatei inc city meetingss shouldo conlactt the Officed oft the City Clerk, Polk City Government Center, 123 Broadway, City, Florida3 338687 from Telephone the  Ciy  presenl atthem meeling. Thec costo ofduplicationa and/or courtr reporter willbea atthee expensed ofther requestingp parly.    CONSENT AGENDA June 18, 2024  MAY ALL BE APPROVED BY ONE VOTE OF COMMISSION TO ACCEPT CONSENT AGENDA. Commission Members may remove a specific item below for discussion and add it to the Regular Agenda under New or Unfinished Business, whichever category best applies to  the subject. A. CITYCLERK B. REPORTS  1. May 21, 2024 - Regular City Commission Meeting  1. Building Permits Report - May 2024 2. Code Enforcement Report - nla 3. Financial Report - May 2024 4. Library Report - May 2024 5. Polk Sheriffs Report - May 2024 6. Public Works/Utilities Report - May 2024 7. Utility Billing Report - May 2024  C. OTHER    City Commission Meeting May 21, 2024  CONSENT AGENDA ITEM:  Accept minutes for:  1. May 21, 2024 - Regular City Commission Meeting  INFORMATION ONLY X ACTION REQUESTED  ISSUE: Minutes attached for review and approval  ATTACHMENTS:  1. May 21, 2024 - Regular City Commission Meeting  ANALYSIS: N/A  STAFF RECOMMENDATION: Approval of Minutes    CITY COMMISSION MINUTES May 21, 2024  Mayor LaCascia called the meeting to order at 6:12 pm.  Pastor Walter Lawlor, New Life Community Church gave the invocation. Those present recited the Pledge of Allegiance led by Mayor LaCascia. ROLL CALL - Assistant City Manager Sheandolen Dunn  Present: Mayor Joe LaCascia, Commissioner Micheal T. Blethen, Commissioner  Charles Nichols, Attorney Kristin Hatcher-Bolin (sub for City Attorney  Thomas Cloud) and City Manager Patricia Jackson  Absent:  City Attorney Thomas Cloud  APPROVE CONSENT AGENDA  Motion by Commissioner Nichols to approve the April 16, 2024 (Workshop and Regular City Commission Meeting) and the reports and other items on the Consent  Agenda; this motion was seconded by Commissioner Blethen.  Motion carried by Voice Vote. PUBLIC COMMENT  Robert Baker (525 Orange Boulevard) - Provided the City Commission with recap of his  time at the recent American Planning Association (APA) Conference.  ORDER OF BUSINESS  Interview/Choose Commissioner Candidates for District #2 and the At-Large During the April 5, 2024 Municipal Election, Polk City candidates Micheal Blethen and Charles Nichols ran unopposed. Prior to that April Election Wayne Harper (At-Large) and Brian Knouff (District #2) vacated their seats. To date, these seats remain vacant. As a result of the Public Notices being placed on Polk City's website, City Hall Bulletin Board, Polk City's newsletter, as well as the Post Office, Polk City received three (3) letters/emails of interest. The candidates are: Rick Wilson (District #2), Michelle Pettit Each candidate was asked to be present for this meeting and prepared for a public City Commission approval ofa candidate to serve on the City Commission for District #2  District  (At-Large District) and Dean Menendez (At-Large District).  interview.  and the At-Large District.    Dean Menendez  Commissioner Nichols = No questions Commissioner Blethen - No questions  Mayor LaCascia = addressed an array of negative social media postings from Mr. Menendez and his lack of attention to the information provided to him regarding his most recent desire to become a Commissioner. Not pleased with the negative comments regarding directed to the Commissioners. Not acceptable as you wish to serve on this  Commission. Michelle Pettit  Commissioner Nichols - No questions Commissioner Blethen - No questions  Mayor LaCascia - Asked Candidate Pettit if she were selected as a Commissioner, which would she prefer to tackle... Economics or Transportation. Candidate Pettit  responded Economics would be her choice to challenge.  Rick Wilson  Commissioner Nichols = No questions Commissioner Blethen - No questions Mayor LaCascia = No questions  After each candidate shared a little about themselves and addressed questions or concerns from the City Commission, there was a Motion by Commissioner Nichols to appoint Rick Wilson to serve in the At-Large Seat; followed by a motion by Mayor  LaCascia to appoint Michelle Pettit to serve in District#2.  Motion carried by Voice Vote.  City Manager Jackson administered the Oath of Office for both Michelle Pettit and Rick Wilson. Afterwards Commissioners Pettit and Wilson took their seats on the dais. Per Polk City's Charter (C-7), Ati the first Regular Meeting in April of each year, the City Commission shall select two (2) of its members to serve as Mayor and Vice Mayor. Commission will elect a replacement Mayor or Vice Mayor if the sitting officer is unable During the April 16, 2024 City Commission Meeting, noting that there are two vacant seats on the Commission, Commissioner Nichols made the recommendation to hold off Mayor LaCascia nominated Commissioner Charles Nichols to serve a one-year term as  Select - Vice Mayor  to serve for any reason.  on selecting a Vice Mayor until the City Commission had a full body. Vice Mayor; this motion was seconded by Commissioner Wilson.  Motion carried unanimously by Voice Vote.  2    Select a Commissioner for third check signee with Citizens and Trust City Manager Jackson discussed per Polk City's Charter (C-7), the Mayor and Vice Mayor shall have primary signatory authority on the city checking account. All checks will require two (2) signatures. If the Mayor or Vice Mayor is not available to sign checks, the first alternate will be a designated Commissioner and the second alternate After a brief discussion, Commissioner Rick Wilson was approved by Voice Vote as the third signer on the Citizens and Trust Bank Account for Polk City.  will be the City Manager.  PUBLIC HEARING - ORDINANCE 2024-03  Stephanie Von-Pelaske Bush provided discussion as well as a PowerPoint presentation regarding an Ordinance of the City Commission of Polk City, Florida; amending Article 2 - Regulations for Specific Districts, Section 2.04.01, "Zoning District Summary Tables" of the Uniform Land Development Code; changing minimum development standards in Table 5 for the R-1 Single Family Zoning District & reducing the minimum required lot size, lot width and side yard setback requirements within the Polk City Exemption are of the Green Swamp Are of Critical State Concern; repealing all Ordinances in conflict; providing for a Business Impact Estimate, Severability, codification an effective date. Attorney Bolin read this Ordinance by title only. Mayor LaCascia opened the Public Paul Holland (338 Crape Myrtle) stated he does not agree with this ordinance. Would Lucretia (Bayberry Drive) not in agreement wants peace and serenity in Polk City. Kathy Delp stated there are several homes all over Polk City that are not conforming, sO,  Second and Final Reading  Hearing.  also like to get future notices via email.  itisr not just about Sandy Pointe.  Bob Baker (525 Orange Boulevard) asked what is the alternative?  Attorney Bolin stated variances are done on a parcel-by-parce. basis. Forty-three percent (43%) of the lots are currently non-conforming. Not all were annexed.  Mayor LaCascia closed the Public Hearing. Lengthy discussion ensued.  Motion by Commissioner Nichols to approve Ordinance 2024-03 on Second and Final  Reading; this motion was seconded by Commissioner Wilson.  3    Roll Call Vote:  Commissioner Nichols = aye, Commissioner Wilson = aye, Commissioner Pettit = aye, Mayor LaCascia = aye, Commissioner  Blethen nay  Motion carried 4/1.  PUBLIC HEARING - ORDINANCE 2024-04  Stephanie Von-Pelaske Bush provided discussion as well as a PowerPoint presentation regarding AN ORDINANCE OF THE CITY COMMISSION OF POLK CITY, FLORIDA; AMENDING ARTICLE 2 - REGULATIONS FOR SPECIFIC DISTRICTS, SECTION 2.04.01, "ZONING DISTRICT SUMMARY TABLES" OF THE UNIFORM LAND DEVELOPMENT CODE; CHANGING MINIMUM DEVELOPMENT STANDARDS IN TABLE 5 FOR THE R-2 SINGLE FAMILY ZONING DISTRICT & REDUCING THE MINIMUM REQUIRED LOT SIZE WITHIN THE POLK CITY EXEMPTION AREA OF THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CODIFICATION AN EFFECTIVE DATE. Second and Final Reading Attorney Bolin read this Ordinance by title only. Mayor LaCascia opened the Public Motion by Commissioner Nichols to approve Ordinance 2024-04 and Second and  Hearing.  Final Reading; this motion was seconded by Commissioner Wilson.  ROLL CALL VOTE:  Commissioner Nichols = aye, Commissioner Wilson - aye, Commissioner Pettit - aye, Mayor LaCascia = aye,  Commissioner Blethen - nay  Motion carried 4/1.  PUBLIC HEARING - ORDINANCE 2024-05  City Manager Jackson and Mayor LaCascia discussed AN ORDINANCE OF POLK CITY, FLORIDA; AMENDING THE CODE OF ORDINANCES OF POLK CITY, FLORIDA; AMENDING THE TITLE TO ARTICLE IV, CHAPTER 2 OF THE CODE OF ORDINANCES OF POLK CITY, FLORIDA; CREATING $ 2-179, CODE OF ORDINANCES, TO INCREASE CITY COMMISSION FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. Attorney Bolin read this Ordinance by title only. Mayor LaCascia opened the Public Hearing. No one spoke for or against this Ordinance. Mayor LaCascia closed the Public  First Reading  Hearing.  City Manager Jackson discussed the City Commissioners Fee.  Mayor LaCascia stated this increase is only $6,000 per year. The City won't be hurt by  the    Commissioner Nichols is not in agreement with this increase until the new budget is Motion by Commissioner Blethen to approve Ordinance 2024-05 on First Reading;  brought forth and the would like to see the staff get a better raise.  this Ordinance was seconded by Mayor LaCascia.  ROLL CALL VOTE:  Commissioner Nichols = nay, Commissioner Wilson = aye,  Commissioner Pettit Commissioner Blethen aye  aye, Mayor LaCascia - aye,  Motion carried 4/1.  Polk County Library Cooperative Agreement  City Manager Jackson briefly discussed this Agreement continues the Polk County Library Cooperative, which was formed on October 1, 1997, through an Interlocal Agreement between the Board of County Commissioners (BoCC) and the thirteen (13) municipalities with Public Libraries in Polk County: Auburndale, Bartow, Dundee, Eagle Lake, FortMeade, Frostproof, Haines City, Lake. Alfred, Lake Wales, Lakeland, Mulberry, Polk City, and Winter Haven. Subsequently, the Agreement has been reviewed and renewed to continue the delivery of seamless countywide public library services. Membership in the Cooperative gives a Municipal Library access to hundreds of thousands of resources for their patrons, automatic membership in the Tampa Bay Library Consortium (for continuing education and vendor discounts); delivery between libraries, Books by Mail, a State-of-the-Art Library Automation System that includes mobile applications, all e-rate forms filed on your behalf, State and Federal Grants, The terms of the Agreement willl be for ten (10) years beginning on October 1, 2024 and unless otherwise indicated, shall automatically renew for additional ten (10) year terms. Gladys Roberts, Polk County Library Cooperative (PCLC) Director was present and spoke briefly about the importance of the libraries and the need for the Cooperative Staff recommended approval of the Interlocal Agreement between the Polk County Motion by Commissioner Nichols to approve the Interlocal Agreement between the Polk County Library Cooperative and Polk City; this motion was seconded by  Professional Development, and sO much more!  Agreement.  Library Cooperative and Polk City.  Commissioner Blethen.  Motion carried unanimously by Voice Vote.  5    CITY MANAGER ITEMS  Continuing Contract with Ardaman & Associates = Craig Fuller spoke regarding the Ardaman and Associates Continuing Services Agreement. A Hydrogeological Study will be $8,500. They have worked at this particular site before. City Manager asked for a motion to proceed with this expense. City Commission approved this Berkley Road - initially advised by Polk County that No Thru Trucks going North and South; however, I was advised that the County only approved No Thru Trucks going North by Resolution. Ifthe City wants to restrict truck traffic going south on Berkley City Manager Jackson inquired with the City Commission how they would like to see the Commissioner Blethen discussed being stuck in traffic in any direction. The signs were placed after the red light. Can the sign be placed before the red light and can the sign Deputy Poindexter stated in 2026 the Middle Schools will be starting at 8am and the High Bid for Bar Screen discussed by Craig Fuller - One bid was received in the amount of $319,500 from Close Construction (OkeechoDee, FL). This new Bar Screen will be stainless and larger. All documents that were requested have been received. However, we are awaiting Payment and Performance Bond information. Motion by Commissioner Nichols to approve Close Construction for the Bar Screen Project in the amount of $319,500; this motion was seconded by Commissioner Wilson.  item unanimously by Voice Vote.  Road, we can ask the County to modify the Resolution. truck traffic move? North and South, Just North, Just South.  be a lot bigger.  Schools will start at 8:30 am.  Motion carried 4/1.  Commonwealth 5,000-gallon Hydropneumatic Water Tank - had its five-year Engineering Inspection. The overall tank was reported to be in fair operating condition; however, the following issues are to be addressed. We will get a quote to refurbish it, as well as replacing the 5,000-gallon tank. Duei to the tanks age, itneeds Centennial Celebration = Gopher Tortoises have been spotted at the old spray field on SR 33 where the Centennial celebration is being planned. An evaluation will need to be done to have them removed. This cost is approximately $14,000 per turtle. CDBG-In April the Commission voted to approve rescinding the CDBG Grant Application; however, the construction plans need to be finished. Chastain- Skillman submitted Addendum #1 for the revisions to the Citrus Grove Boulevard Plans. As previously discussed, the Geotechnical Report that was conducted,  to be replaced.  6    determined there to be no base beneath Citrus Grove Boulevard. Chastain- Skillman recommended a "Full Depth Mix Design" to provide a base first and then resurface. Even though they will have to design the full depth base mix, this will be a fraction of the cost for construction of a conventional base. As a side note, CivilSurv is The cost for the Geotechnical Report Addendum #1 (Professional Engineering and Surveying Services) is $29,062. City Manager Jackson asked for a motion to Motion by Commissioner Wilson to approve the Geotechnical work in the amount of $29,062 performed by Chastain Skillman; this motion was seconded by  continuing with the Environmental Assessment.  approve this expenditure.  Commissioner Nichols.  Motion carried unanimously by Voice Vote.  Rental at the Activity Center - The. Air Condition breaker went bad during a rental. However, the renter still utilized the building; but want to know if they could get any money back for their inconvenience". The City Commission sets policy. This will  need to be discussed during the next meeting. CITY ATTORNEY ITEMS - None COMMISSIONER ITEMS  Commissioner Nichols = resigned from his post as Liaison to the Centennial Committee. Commissioner Rick' Wilson volunteered to be the new Liaison. Commissioner Pettit = Thanked everyone for the vote of confidence for her becoming Commissioner Wilson - Happy to be a part of the Polk City Commission. Mayor LaCascia - Apologized for being tardy for this meeting  Commissioner Blethen - Will not be at the July Meeting  anew Polk City Commissioner.  ANNOUNCEMENTS  Monday, May 27, 2024 is Memorial Day and the offices will be closed.  ADJOURNMENT - 8:00 pm  Patricia Jackson, City Manager  Joe LaCascia, Mayor  7    City Commission Meeting June 18, 2024  CONSENT AGENDA ITEM:  Department Monthly Reports  INFORMATION ONLY X ACTION REQUESTED  ISSUE: Department Reports attached for review and approval.  ATTACHMENTS:  Monthly Department Reports for: 1. Building Permits Report - May 2024 2. Code Enforcement Report = nla 3. Financial Report - May 2024 4. Library Report - May 2024 5. Polk Sheriff's Report - May 2024 6. Public Works/Utilities Report - May 2024 7. Utility Billing Report - May 2024  ANALYSIS:  STAFF RECOMMENDATION: Approval of Department Reports via Consent Agenda    Polk City Permits Added From: 05/01/24 To: 05/31/2024  ELECTRICAL Permit Number BT-2024-7758 BT-2024-8006 BT-2024-8347 GAS PermitNumber BT-2024-8349 MECHANICAL Permit Number BT-2024-7382 BT-2024-7416 BT-2024-7438 BT-2024-7555 BT-2024-8777 RE-ROOF Permit Number BT-2024-7265 BT-2024-7268 BT-2024-7669 BT-2024-7828 BT-2024-8068 RESIDENTIAL Permit Number BR-2024-3909 BR-2024-4098 BR-2024-4163 BR-2024-4447  Declared Value Date Added 1,000.00 05/09/2024 1,294.00 05/14/2024 12,500.00 $14,794.00  Address  422 2ND: ST, POLK CITY, FL 33868 215 S BOUGAINVILLEA. AVE, POLK CITY, FL 33868 391 CRAPE MYRTLE LN, POLKCITY, FL 33868  05/19/2024  Subtotal:  Declared Value Date Added 7,000.00 05/19/2024 $7,000.00  Address  391 CRAPE MYRTLEL LN, POLKCITY,FL 33868  Subtotal:  Declared Value Date Added 6,000.00 12,618.00 05/03/2024 6,500.00 05/03/2024 10,500.00 05/06/2024 7,300.00 05/28/2024 $42,918.00  Address  05/02/2024  116 N CITRUS GROVEI BLVD, POLK CITY, FL 33868 209 GREENLEAF LN, POLK CITY, FL 33868 928 LAKESHORE DR, POLK CITY, FL 33868 8544 RINDGE RD, POLK CITY, FL: 33868 377 NOLANE LN, POLKO CITY, FL 33868  Subtotal:  Declared Value Date Added 20,000.00 05/01/2024 10,000.00 05/01/2024 3,500.00 05/08/2024 16,477.57 05/09/2024 10,000.00 $59,977.57  Address  408 ROSEWOOD LN, POLK CITY, FL 33868 408 ROSEWOOD! LN, POLK CITY,FL 33868 620 3RD ST, POLK CITY, FL3 33868 414 ROSEWOOD LN, POLK CITY, FL: 33868 426 MARKLEN LOOP, POLK CITY, FL33868  05/14/2024  Subtotal:  Declared Value Date Added 450.00 05/09/2024 955,000.00 05/15/2024 30,280.00 05/17/2024 2,300.00 05/28/2024  Address  221SHYDRANGEA. AVE, POLK CITY, FL 33868 5591 NARROW POND LN, POLK CITY, FL: 33868 734 MEANDERING WAY, POLK CITY, FL: 33868 8619 RINDGE RD, POLK CITY, FL 33868  Subtotal: $988,030.00 Grand Total: $1,112,719.57  6/3/2024 1:59PM  Polk CIty Permits  aSFR to Dale  hp  Kahy    CITY OF POLK CITY Simple Balance Sheet For Fiscal Year: 20241 thru Month: May Fund: 01 OPERATINGFUND  06/03/2024 15:41 gb614.pg.phplJob! No: 18391  USER:. Page 1of5 JOANNAK  Account Number 01-101-100 01-101-990 01-102-100 01-115-100 01-115-120 01-115-200 01-117-100 01-133-100 01-133-101 01-151-100 01-151-902 01-153-302 01-160-902 01-160-903 01-202-100 01-202-200 01-202-900 01-202-950 01-208-300 01-208-310 01-208-320 01-208-330 01-217-200 01-218-100 01-218-200 01-218-300 01-218-320 01-218-400 01-218-410 01-218-700 01-243-100 01-245-100 01-271-100  Account Title Cash Checking Library Van Fleet Cycling Challenge Cash on Hand Accounts Receivable Utilities Accounts Receivable Local Bus Licenses Accounts Receivable Year End Allowance for Bad Debt Due From Other Governmental Units Due from Others (Franchise & Public Serv. Tax) Investments FL SAFE GF Investments FL SAFE GF Reserves Restricted Cash New Local Opt Gas Tax Reserve Account Reserve Acct Emergencies & Conti ingency ** TOTAL ASSET** Accounts Payable Accounts Payable - Year End Customer Deposits Other Deposits Due to County Impact Fees Due to DCA - Bldg Permit Surcharge Due to Dept of Business License Fees Due to PCSO Police Education Revenue Accrued Sales Tax Payroll Taxes Payable FRS Retirement Payable Health Plan Payable Supplemental Insurance Payable Dental Plan Payable Vision Plan Payable ICMA-RC ** TOTAL LIABILITY** Encumbrances Placed Reserved for Encumbrances ** TOTAL ENCUMBRANCE** Fund Balance Unreserved TOTAL EQUITY** ** TOTAL REVENUE** ** TOTAL EXPENSE** TOTAL LIABILITY AND EQUITY  Ending Bal 3,569,401.87 859.09 875.00 2,665.32- 3,540.00 114,518.88- 131.83- 55,408.15 59,124.23 1,203,490.86 85,080.26 344,520.62 100,000.59 62,924.00 50,936.14- 10,258.34- 6,810.00 150,000.00 24,308.96 341.98 163.37 258.86 226.00 10,785.10 27,368,77 4,089.13 2,151.21 29.68- B43.18 140,00 9,522.27 9,522.27- 4,685,490.91  Net Amount  5,367,908.64  166,262.40  0.00 4,685,490.91 2,469,406.09 1,953,250.76 5,367,908.64    888  BS  -  :      te    di 80 E  ii  D8  858  00  :  5555    BEEE    iili    a    i  A1    Aitia :e    BS R  ii  885    EEEAEESE 09  attiiis  ttt    tiifititl  R a  isi   8888  iil a :8  itl  85585 8588  5 :55 :  :5  ::    65 :88  ::  iiii 88888  5    8558  S  8:808  :  fit  a  85355  :  -        CITY OF POLKCITY Simple Balance Sheet For Fiscal Year: 20241 thru Month: May Fund: 05 ENTERPRISE FUND  06/03/2024 15:41 gb614_Pg.phplobi No: 18391  Page2 USER:. 2of5 JOANNAK  Net Amount  Account Number 05-101-100 05-101-913 05-101-916 05-101-917 05-101-918 05-101-919 05-101-920 05-101-936 05-115-100 05-115-130 05-117-100 05-117-200 05-151-100 05-151-902 05-155-300 05-159-100 05-159-200 05-160-902 05-160-903 05-161-900 05-164-100 05-165-900 05-166-900 05-167-900 05-168-900 05-168-950 05-169-900 05-202-100 05-202-200 05-202-900 05-203-100 05-203-600 05-203-610 05-203-615 05-203-710 05-203-910 05-208-305 05-210-800 05-223-100 05-225-100 05-234-100 05-234-901 05-235-800 05-235-900 05-243-100 05-245-100 05-250-100  Account Title Cash - Checking DEP Loan - Sinking Fund US Bank Sink Fund US Bank Renewal & Replacement Series DEP Loan WW531400 Sink Fund DEP Loan WW531402 Sink Fund Cash Customer Deposits FDEP 531402 Sinking Fund Accounts Receivable Utilities Accounts Receivable Readiness to Serve Allowance for Bad Debt Allowance for Uncollectible A/R Investments FL SAFE EF Investments FL SAFE EF Reserves Prepaid Insurance Deferred Bond Series 2017 Deferred Outflows Related to Pension Deferred Outflows Loss on Refunding Reserve Account Reserve Acct Emergencies & Contingency Fixed Assets Land Utility Plant in Service Acc. Dep. - Improvements Other than Build Equipment & Furniture Accumulated Depreciation Equipment Furniture & Equip Right to Use Leased Assets Accumulated Depreciation Right to Use Lease CIP - Construction Costs ** TOTAL ASSET** Accounts Payable Accounts Payable Year End Customer Deposits Accumulated Interest Payable SRF Loan WW51201P SRF Loan WN53140/56531401 Effluent Disposal SRF Loan WW531402/96531403 US Bank 2017 Bond Note Right to Use Leased Assets Unamoritized Bond Premiums US Bank Taxes Payable Compensated Absences Current Deferred Revenue Deferred Inflows Related to Pension L-T-D Current Portion Less: Current Portion of LTD OPEB Liability Net Pension Liability TOTAL LIABILITY** Encumbrances Placed Reserved for Encumbrances ** TOTAL ENCUMBRANCE** Contributed Capital Change in Fund Balance  Ending Bal 3,399,173,88 29,034.64 474,104.19 205,524.29 328.40 19,086,56 365,670,00 11,917.80 13,301.68- 39,733.12 327.41- 38,370.95- 656,449.56 137,189,19 26,413.35 572,721,48 100,000.00 48,044.00 2,762,913.00 16,715,512,67 5,470,189.35- 968,701.15 540,263,83- 9,972.92 1,672.75- 95,333.71 71,854.44 89,579.00 365,670,00 47,954.17 1,539,866.35 28,753.70 751,015.82 7,135,000:00 8,455,61 426,208.06 5,592,01 6,158.98 1,364,325.00 19,359.90 446,754.26 446,754.26- 18,155.80 400,283.46 13,207.58 13,207.58- 598,715.40 36,514.20  20,694,850.16  12,278,232.30  0.00    CITYOFPOLKCIY Simple Balance Sheet For Fiscal Year: 2024 thru Month: May Fund: 05 ENTERPRISE FUND  06/03/2024 15:41 gbb14_pg.phplob! No: 18391  Page3of5 USER:. JOANNAK  Account Number 05-271-100 05-271-150 05-271-200 05-272-100  Account Title Pund Balance Unreserved Fund Balance - Restatement Net Asset Adjustment Account Retained Earnings ** TOTAL EQUITY** TOTAL REVENUE** ** TOTAL  Ending Bal 6,807,545.27 12,428.57- 10,071.23- 734,552.82  Net Amount  8,154,827.89 1,590,576.88 1,328,786.91 20,694,850.16  TOTAL LIABILITY AND EQUITY    353  836888  00  "    8  E8  Du  ARAT      SE5 55ii5i    888  388985    EE  E    SEEE p   e A55  119pp9  8888  mpT - 8888  P  E  as      838 R8  38          CITY OFF POLKCITY Simple Balance Sheet For Fiscal Year: 20241 thru Month: May Fund: 08 SPECIAL REVENUE FUND- GFI IMPACTI FEES  06/03/20241 15:41 gb614_pg.phpljob No: 18391  Page USER: 4of5 JOANNAK  Account Number 08-101-100 08-101-101 08-101-102 08-101-103 08-151-100 08-151-101 08-151-102 08-151-103  Account Title  Ending Bal 20,640.36 11,043.73 33,285.23 55,343.24 233,374.45 147,500.91 441,079.40 489,879.96  Net Amotint  GF Police Public Safety Impact Fees GF Fire Public Safety Impact Fees GF Recreation Impact Fees GF Gen Gov't Facilities Impact Fees Investments FL SAFE GF Police Public Safety Investments FL SAFE GF Recreation Investments FL SAFE GF Facilities ** TOTAL ASSET** TOTAL LIABILITY** ** TOTAL ENCUMBRANCE** Fund Balance Unreserved ** TOTAL EQUITY** ** TOTAL REVENUE** ** TOTAL EXPENSE** TOTAL LIABILITY AND EQUITY  FL SAFE GF Fire Public Saf...  1,432,147.28 0.00 0.00 1,374,384.78 57,762.50 0.00 1,432,147.28  08-271-100  1,374,384.78    60  d0  I    CITY OF POLKCITY Simple Balance Sheet For Fiscal" Year: 20241 thru Month: May Fund: 09 SPECIAL REVENUEI FUND. EF IMPACTF FEES  50f5 Page JOANNAK USER:. Ending Bal 464,895.04 143,565.57 1,785,970.62 290,397.92  06/03/2024 15:41 gb614.pg.phplJob No: 18391  Account Number 09-101-900 09-151-800 09-151-900  Account Title  Net Amount  EF Sewer Impact Fee Account EF Water Impact Fee Account Investements Sewer Impact ** TOTAL ASSET** ** TOTAL LIABILITY** ** TOTAL ENCUMBRANCE** Unreserved Fund Balance ** TOTAL EQUITY** ** TOTAL REVENUE** ** TOTAL EXPENSE** TOTAL LIABILITY AND EQUITY  Water Impact  2,684,829.15 0.00 0.00 2,653,202.15 122,760.57 91,133.57 2,684,829.15  09-271-100  2,653,202.15    33    MAY2024 CIRCULATION  ADULTBOOKS JUVENILEBOOKS TOTAL CIRCULATION INCITY INCOUNTY TOTAL NEWI BORROWERS FAMILY ADULT JUVENILE YOUNG ADULT TOTAL PROGRAMS ADULT JUVENILE YOUNGADULT TOTALATTENDANCE PHONE CALLS  865 1144 2009 14 7  NEWBORROWERS  NUMBEROFPROGRAPS  1 2 3 25 84 109 94 102 805  PROGRAMATENDANCE  REFERENCE QUESTIONS NUMBEROFCOMPUTERUSERS  TOTALPAIRONS  Prepared by: Hannah Ulloha Library Director    POLKO COUNTY SHERIFF'S OFFICE DEPARTMENT OF LAW: ENFORCEMENT  STATISTICAL, DATA  West  Division  Date: To: From:  June 10, 2024  Northwest  District  Patricia Jackson, City Manager Deputy Christina Poindexter #7376  Subject: Statistical Report for May 2024  ACTIVITY FELONY ARREST AFFIDAVITS FELONY MISDEMEANOR ARREST AFFIDAVITS MISDEMEANOR OUT OF COUNTYISTATE WARRANT ARRESTS PROCAP WARRANT ARREST TOTAL ARRESTS SEARCH WARRANTS FIELD INTERROGATION REPORTS TRAFFIC CITATIONS INTELLIGENCE REPORTS STOLEN PROPERTY RECOVERED HRS. TRANSPORTING AGENCIESIDMISIONS OFFENSE REPORTS NARCOTICS SEIZED ASSETS SEIZED PATROL NOTICES FOXTROT REPORTS TOW-AWAY NOTICES COMMUNITY CONTACTS TRAFFIC STOPS TOTAL DISPATCHED CALLS FOR SERVICE  2 0 6 1 1 0 10 0 1 16 1 0 0 16 0 0 0 3 1 288 20 72  PCSO FORM 327 (REV 12/20/07)  Page lof2    In May 2024, there were five (5)) PROCAP captured crimes as compared to one (1)in May 2023. In May we had two (2) business burglaries at the same location on two different dates. During both the suspect removed Vapes from the location. Juvenile suspect was located and charged for the crimes. There was one (1) report ofa residential burglary that took place at wich it appears there are some type of ties between suspect/victim. Suspect was located at the residence asleep and arrested/charged. There was two (2) Retail Thefts reported. One theft was reported at the Dollar General involving the theft of a bag of potato chips. Suspect was located nearby and arrested for the theft. Circle K had a retail theft of3 381 gallons of diesel fuel reported from the in- ground tank. This particular crime is a county/state wide crime that is occurring no suspect located at this time. In all for 2024 we are sitting at 12 Pro-Cap related crimes compared to 7 Pro-Cap crimes reported by this time in 2023. Out of the five (5) Pro Cap crimes reported Four (4) were cleared by arrest. In an attempt to eliminate any further increase in crimes, myself and the Detail Deputies are showing extra attention to the trend related crime areas such as Van Fleet Trail Head, Boat Ramps, and Gas Stations. Several traffic stops are being conducted on Berkley  Rd. North bound, due to "No Thru Trucks" sign recently installed.  CASE PRIN VIDEO! STATUS  Sector  AncFrom 240019347 0038hrs 0215hrs  DOW Location CHEVRON  Narrative enteredt theb busin & $950v worth ofVapep productsf from leavingu thesceneona black BMXE bike- previousi incidento occurredin inJan 2024refu this busin 24-3272 where Clyne WMC 090907 was arrested WMO 190607 was located,  BURGLA ARYB BUSINESS Dehindt  Pcso- 2024-05-10/ 2024-05-10/ Fri 5250 COMMONWEAITH/ AVES SW Shattaredt backe eastside doorv w/hammer; UnkV WMJ Vsusp  Bryant Comella No  Barrested  Ongoing Closed Closed. Ciosed Tord  PCSO 2024:05-24/ 207405-24/ Fri 525COMMONWEATH AVESW uxedn hammert tobreakfr frontd doors gass; Unks suspe enteredb busin  240021365 0134hn 0134hrs  CHEVRON  (ocationa &r removed6 vapes andn nedt thes scene relatedi incident 57 21-193476 thep prior suspin2 24-3272 was Devonc Clynew WM 090907 whow wasa arrestedfort theincidentinl January/ dlynew was tocateda andinterviewed hes statedt thatthereals suspv was Bryant Emmetta Bryant WMO 090607 wrask locted, confessed, Barrested isidey vics bedroom& when thev victn madea noisethes susp Fed thes sceney with electrical cord/ Vctfeels thatthesuspw was Sarahn Morrisony whos shefe feels hadp property was hers/ Suspwas locatedhidingina pileoflaundry 10'15: Sarahn Morrisony WF UAkV WMs suspe entaredb busin removedab bagof chips to atreemyle locations atet them/ DSn contacti intervewedt the susp&a arrestedh himl 10'15: RobertKelth! Smithy WM052477 Patrol undergroundn reservoirs Gremoved3 381 gallons ofdieseif fue  BURGLARYRESDENCE 010380 RETAILT THEFT  PCSO 2024:05-30/ 2024-05-30/ Thur BEBKHREDAEHBGHISDN Unsecuredf frontd door; Unkw WFs susp the curlyhairw waso observed  240022192 0415hrs 0515hrs Pcso 2024-05-107 2024-05-10/ Fn 125CARTERB BLVD 240019459 1500hrs 1510hrs 240022215 0154hrs 0154hrs  Patrol  DOLLARG GENERAL CIRCLEK  PCSO- 2024-05-29/ 2024-05-29/ Wed 2070 COMMONWEALTHA AVEN Unksuspd drivingasilvern minivand drove over theunsecured JORC  ApCMRALaLNwm 223- 2024  February March Apri My 20232024/20235 024  Burg Thef heft etitl helt FIR'  YIDFIR  PCSO FORM: 327(REV 12/20/07)  Page lof2    Public Works & Utilities Report  April 2024  Public Works Department- Work Orders: Total224  BUILDING MAINTENANCE: 44 Custodial services A/C:2 Custodial services Freedom Park: 3 Custodials services City Hall: 1 Custodial services Bronson Center: 3 VEHICLE/EQUIPMENT MAINTENANCE: 37 EVENTS SETUP-I INSPECTION:9 LANDSCAPING, MOWING:5 50 PARKS ANDI RECREATION:17 procurement: 1 Stormwater: 9 Street signs: 10 Repairs:1 1  TRASH PARKS ANDI FACILITIES:1 10 TRASH ROADS ANDS STREES: 17 Streets Rep and maintenance:: 5 Tech Support: 3  Utilities Department- Work Orders: Total 224  TURN ON: 33 Temporary" TURN OFF:14 TURNOFF:3 33 Turn back on from shut off list: 13 Install water: 3 LOCATES:9    METER MAINTENANCE: 88 LIFTS STATION MAINTENANCE:19 LIFTSTATION REPAIR: 4 WWTP REPAIR ANDI MAINTENANCE:2 METERS READ: 3,363 MISREADS: 160  WATER LEAK: 2 (341 Crape Myrtle Ln. 5519. Jacob Ave.)  Install water service Railroad Ave. Continue Pipe Verification.    Utility Billing Report  May 2024  New Accounts Established: 29 Final/Terminated Service: 35 Bills Processed: 2712 Email/ Bill Customers: 2050 Work Orders Processed: 182 Lock off for Nonpayment: 21 Nonpayment fees ($50): 30 Billed Consumption: 14,187,000 Billed/Revenue: $280,649.84 Residential Billing: 2619 Irrigation Billing: 592 Commercial Billing: 93 On Going Projects -Process Deposit Refunds information is correct. (Debt Consolidation). -Meter Replacement Program StaffObjectives  Building Rentals Activity/Bronson Center/Freedom Park: 26  -Working with the Utilities Department in Diamond Maps to verify that all meter -Process monthly Adjustment Reconcilations, Zero Charge Reports and Cycle D  Reroute meters intowalking order. Continue to work with staff to write procedures  for Utility Billing. Continuing efforts in auditing accounts.  Respectfully Submitted by: Chasity Guinn Utility Billing Supervisor    City Commission Meeting June 18, 2024  PRESENTATIONS AND RECOGNITIONS:  Juneteenth Proclamation  X INFORMATION ONLY ACTION REQUESTED  ISSUE:  Recognizing June 19, 2024 as Juneteenth Day 2024.  ATTACHMENTS Juneteenth Proclamation ANALYSIS:  Mayor LaCascia will read the Juneteenth Proclamation into the record during the June 18, 2024 City  Commission Meeting. STAFF RECOMMENDATION:  N/A    79  Proclamation  WHEREAS, for 158 years Juneteenth day continues to be the most recognized African American holiday observance in the United States. Also known as "Emancipation Day," Emancipation Celebration" Freedom Day," "Jun- Jun", Juneteenth Independence Day" and' Juneteenth". Juneteenth National Freedom Day commemorates the survival, due to God-given strength and determination, of African Americans, who were first brought to this country stacked in the bottom of slave ships in a month-long, journey across the Atlantic Ocean known as the "Middle Passage,"and WHEREAS, approximately eleven and one-half million. African Americans survived the voyage to the New World, the number that died is likely greater, only to be subjected to tearing apart of families and forced to submit to slavery for WHEREAS, Juneteenth commemorates the day freedom was proclaimed to all end slaves in the South by Major Emery, and the United States colored troops posted General Order number 3; with Major General Gordon Granger proclaiming freedom for enslaved people in Texas on June 19, 1865, on Reedy Chapel AME Church in Galveston, Texas more than 2 1/2 years after the signing oft the Emancipation Proclamation by President. Abraham Lincoln; and  more than 200 years after arrival in the United States; and  WHEREAS, "Until all are Free, None are Free" is an oft-repeated maxim that can be used to highlight the WHEREAS, in 1991, Representative. Alzo J. Reddrick Sr., Orlando, authored the legislation for the State of Florida WHEREAS, in 1973, as an undergraduate student in Texas, Doris Moore Bailey was first introduced to Juneteenth day during a horseback trail ride. In June 1992, the Juneteenth committee, founded by a Mrs. Moore Bailey, WHEREAS, the 19th of June, along with the 4th of July completes the cycle of freedom for America's WHEREAS, Wanda Gaines, owner of New Outlook Events organized a celebration of Juneteenth in Polk City for the first time which was held at Freedom Park on June 19, 2021, two days after Juneteenth was declared a Federal Holiday. The Juneteenth Celebration of Freedom is set to be an annual event hosted by New Outlook to bring everyone  significance of the end of the era of slavery in the United States; and  Juneteenth Observance, which was signed into law by Florida Governor Lawton Chiles in May 1991; and  organized the first. Juneteenth observance in Florida; and  Independence Day observances; and  together to learn and celebrate freedom.  WHEREAS, the annual Juneteenth Observance will promote racial healing, reconciliation, restoration and justice, NOW, THEREFORE, IJoe LaCascia, as Mayor of Polk City, Florida do hereby proclaim June 19, 2024, as  through the National Day of Reconciliation and healing from the legacy of slavery.  JUNETEENTH DAY  Polk City and encourage citizens everywhere to reflect upon the value of freedom and to join in its celebration. IN WITNESS WHEREOF, I have here unto set my hand and cause the Official Seal of Polk City tol be affixed this 18th day  of, June 2024.  Polk City  Joe LaCascia, Mayor  ATTEST:  Patricia Jackson, City Manager/Clerk    City Commission Meeting June 18, 2024  AGENDA ITEM #1:  Ordinance 2024-01: Future Land Use Map Amendment in the Green  Swamp Area of Critical State Concern  INFORMATION ONLY X ACTION REQUESTED  ISSUE:  Ordinance 2024-01 -AN ORDINANCE OF POLK CITY, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 1.44 ACRES FROM CONVENIENCE CENTER-X (CC-X) TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; AND TRANSMITTING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE FOR FINDING OF COMPLIANCE; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Second and Final Reading  ATTACHMENTS: Ordinance 2024-01 Florida Commerce Letter ANALYSIS:  InD December 2023, D.P. Erectors, LLC submitted an application for Future Land Use and/or Zoning Amendment. This item was presented at the January 8, 2024 Planning Commission Meeting and  approved to forward on toi the City Commission for final approval. This is a companion Ordinance to Ordinance 2024-02.  After the March 26, 2024 Special City Commission Meeting, this item was transmitted to Florida Commerce for a 30-day State Review. On June 4, 2024, Polk City received correspondence from Florida Commerce regarding this Ordinance stating "no objections or comments to the proposed  amendment.  Polk City's Business Impact Statement is attached.  STAFF RECOMMENDATION:  Approve Ordinance 2024-01 on Second and Final Reading    ORDINANCE 2024-01  AN ORDINANCE OF POLK CITY, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 1.44 ACRES FROM CONVENIENCE CENTER-X (CC-X) TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; AND TRANSMITTING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE FOR FINDING OF COMPLIANCE; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY,  CONFLICTS AND AN EFFECTIVE DATE.  NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF POLK SECTION 1. FINDINGS AND INTENT. In adopting this Ordinance, the City Commission of Polk City, Florida hereby makes the following legislative findings and  CITY, FLORIDA:  intent:  (1) Chapter 163, Part II, Florida Statutes, establishes the Community Planning Act ("Act"), which empowers and mandates Polk City, Florida( ("City"), to plan for future development and growth and to adopt and amend comprehensive plans, or elements or portions thereof, to guide the future growth and development of the City.  (2) Pursuant to the Act, the City has adopted a comprehensive plan (3) The Act authorizes a local government desiring to revise its comprehensive (4) The City has prepared an amendment to the Future Land Use Map of the Comprehensive Plan to change the Future Land Use classification of approximately 1.44 acres of land lying in Polk County, Florida, and described as Parcel Number 252631-0000.044210 within the City from Convenience Center-X (CCX) to Residential Suburban-X (RSX) in the Green Swamp Area of Critical State Concern. (5) Pursuant to Section 163.3187, Florida Statutes, the City Commission held an meeting and hearing on this Map Amendment, with due public notice having been provided, to obtain public comment, and considered all written and oral comments  ("Comprehensive Plan").  plan to prepare and adopt comprehensive plan amendments.  received during public hearings, including support documents.  (6) In the exercise of its authority the City Commission has determined it necessary to adopt the proposed amendment to the Future Land Use Map contained herein and as shown as Exhibit "A" to encourage the most appropriate use of land, water and resources consistent with the public interest; and deal effectively withi future    problems that may result from the use and development of land within the City; and to ensure that the Comprehensive Plan is in full compliance with State law.  (7) Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impact estimate pursuant to S 166.041(4)(c), Florida  Statutes, and determined that adoption of this ordinance:  (1) serves a public purpose by serving the public health, safety, morals, and (2) has no direct negative economic impact on private, for-profit businesses in the (4) does not impose any new charge or fee or businesses for which businesses (5) does not create any additional municipal regulatory cost which is not recovered (8) The City Commission finds that the proposed amendment to the Future Land Use Map contained herein furthers the purposes of, and is consistent with, the City's Comprehensive Plan, and is consistent with and compliant with State law, including, but  welfare of the City, city,  (3) will not result in direct compliance costs by businesses,  will be financially responsible, appropriately and lawfully by the City.  not limited to, Chapter 163, Part II, Florida Statutes.  SECTION2. PLAN AMENDMENT. The Future Land Use Map of the City's Comprehensive Plan is hereby amended to include the map amendment set forth in Exhibit "A," attached hereto and incorporated herein by reference, which applies the Residential Suburban -X" Future Land Use designation to approximately 1.44 acres of  land shown on such Exhibit.  SECTION: 3. BUSINESS IMPACT ESTIMATE. Pursuant to Section 166.041(4), Florida Statutes, Polk City is required to prepare a business impact estimate for certain proposed ordinances. This proposed ordinance amends the land use designation in accordance with the owner's proposed use. Such an amendment to the City's Plan (1) serves a public purpose by serving the public health, safety, morals, and welfare of the City, (2) has no direct negative economic impact on private, for-profit businesses in the city, (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge or fee or businesses for which businesses will be financially responsible, and (5) does not create any additional municipal regulatory cost which is not recovered appropriately and lawfully by the City. Thus, iti is estimated that neither residents nor any business willi incur additional costs. The City does not seek toi impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. The Business Impact Estimate form for this ordinance is on file with the City Clerk.  SECTION 4. SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain  in full force and effect.  2    SECTION 5. CONFLICTS. Existing ordinances or parts of existing ordinances in SECTION6 6. CODIFICATION OF ORDINANCE IN PLAN. An official, true, and correct copy of this Ordinance and the City's Comprehensive Plan, as adopted and amended from time to time, shall be maintained by the City Clerk. The City Clerk shall make copies available to the public for a reasonable publication charge.  conflict herewith are hereby repealed to the extent of such conflict.  SECTION7. TRANSMITTAL TO STATE. Within ten (10) days of final passage and adoption of this Ordinance, Polk City shall forward a copy hereof, and all supporting data and analysis, to the Florida Department of Economic Opportunity and any other agencies or local governments that provided timely comments to the City, as required by  Section 163.3184(3)(c)d, Florida Statutes.  SECTION8. EFFECTIVE DATE. This effective date of the plan amendment adopted by this Ordinance shall be thirty-one (31) days after the Florida Department of Economic Opportunity notifies Polk City that the plan amendment package is complete, or, ifthe plan amendment is timely challenged, the date on which the Florida Department of Economic Opportunity or the Administration Commission, whichever is applicable, enters a final order finding the amendment to be compliance in accordance with Section INTRODUCED AND PASSED ON FIRST READING this 26th day of March, 2024.  163.3184(3)c)4, Florida Statutes.  POLK CITY, FLORIDA Joe LaCascia, Mayor  ATTEST:  APPROVED ASTO FORM & LEGALITY:  Patricia R. Jackson, City Manager/Clerk  Thomas A. Cloud, City Attorney  PASSED AND DULY ADOPTED ON SECOND READING, with a quorum present and voting by the City Commission of Polk City, Florida meeting in Regular Session this  day of  2024.  Joe LaCascia, Mayor  ATTEST:  Patricia R. Jackson, City Manager/Clerk  3    ORDINANCE NO. 2024-01 EXHIBIT"A"  4    FUTURE LAND USE MAP-PROPOSED  043020 ASON-LN-04340 044060 044110  021040 022010 022070 022060 022040 022030  043090  043100  044180 044190  044020  044070  044010  044170  SHEPARD-LN- 0441-40 044040  SUBJECTPARCEL 044210  044260  044160  044200  022020  044030  044050  33  044120  044250  Legend GRI Subject Parcel Parcel Boundaries Polk City Boundary Polk Future Land Use County RS- Residential-S Suburban RL-1- Residential-Low1 grautvaResdenia.Runt Polk City Future Land Use CC-X- Convenience Center) X Unassigned RS-X- Residential Suburban-X  033150 033140 033080  011010  033030  0110A  0 50_1D0 200300 400  Feet  033200  5    EXHIBIT B  Business Impact Estimate  This form should bei included ini the agenda packet fort the item under which the proposed ordinance is to be considered and must be posted on Polk City's website by the time notice of the proposed ordinance  is published.  Proposed ordinance's title/reference:  ORDINANCE 2024-01: ANORDINANCE OF POLKCITY,FLORDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 1.44 ACRES FROM CONVENIENCE CENTER-X (CC-X)T TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREAOF CRITICAL STATE CONCERN; AND TRANSMITTING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE FOR FINDING OF COMPLIANCE; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILIYACONFLCTS AND AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means Polk City is of the view that a business impact estimate is not required by state law! for the proposed ordinance. If no boxes are checked, the Business Impact Estimate Requirements Section will be completed. Polk City may, in its own discretion, determine to perform a Business Impact Estimate for ordinances exempted per Florida Statutes. This Business Impact Estimate may be revised following its initial REASON EXEMPTED FROM BUSINESS IMPACT ESTIMATEF REQUIREMENTS  posting.  The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the adoption of budgets or budget amendments, The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance  regulation;  The proposed ordinance relates to the issuance or refinancing of debt; including revenue sources necessary toi fund the budget;  accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted to implement thet following: development agreements and development permits;  a. PartllofChapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders,    b. Sections 190.005 and 190.046, Florida Statutes, regarding community development Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.  districts;  See Section 166.041(4)(c), Florida Statutes.  BUSINESS IMPACT ESTIMATE REQUIREMENTS  Ina accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, Polk City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, The ordinance will change the Future Land Use from Convenience Center-X (CC-X) to Residential Suburban-X. Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impactestimate pursuant to S 166.041(4)(c), Florida Statutes, and determined that adoption of this (1)s serves a public purpose by serving the public health, safety, morals, and welfare (2) has no direct negative economic impact on private, for-profit businesses in the (4) does not impose any new charge or fee or businesses for which businesses will (5) does not create any additional municipal regulatory cost which is not recovered  such as serving the public health, safety, morals and welfare):  ordinance: of the City, city,  (3) will not result in direct compliance costs by businesses,  be financially responsible,  appropriately and lawfully by the City.  2    2, An estimate of the direct economic impact of the proposed ordinance on private, for- (a) Anestimate of direct compliance costs that businesses may reasonably (b) Any new charge or fee imposed by the proposed ordinance or for which (c) An estimate of Polk City's regulatory costs, including estimated revenues from  profit businesses in Polk City, if any:  incur;  businesses will be financially responsible; and any new charges or fees to cover such costs.  3. Good faith estimate of the number of businesses likely to be impacted by the proposed  ordinance:  4. Additional information the governing body deems useful (if any):  [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: Polk City's staff solicited comments from businesses in Polk City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on Polk City's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and,  therefore, the proposed ordinance does not affect only businesses).  3    Ron! DeSantis J.Alex Kelly  FLORIDACOMMERCE  June 4, 2024  The Honorable. Joseph LaCascia Mayor, City of Polk City 123 Broadway Boulevard Southeast Polk City, Florida 33868 Dear Mayor LaCascia:  The Florida Department of Commerce FloridaCommerce). has completed its review oft the proposed comprehensive plan amendment for the City of Polk City (Amendment No. 24-01ACSC), which was received on April 5, 2024. Wel have reviewed the proposed amendment ini accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part II, F.S. FloridaCommerce does noti identify any objections or comments tot the proposed amendment and this letter. serves as the Objections, Recommendations: and Comments Report. Review comments received byt the Department from the appropriate reviewing The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of The second public hearing, which shall be al hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days ofy your receipt of FloridaCommerce's attached report, or the amendment willl be deemed withdrawn unless extended by agreement with notice to FloridaCommerce. and any affected party that provided comment on the amendment pursuant to Section 163.3184(4)e)1., F.S. The adopted amendment must be transmitted to FloridaCommerce within ten working days after the second public hearing pursuant to Section 163318414)e12.FS. If youl have any questions related to this review, please contact Matthew Preston, Planning Analyst, by telephone at (850) 717-8490 or by email at matt.preston@commerce..goy.  agencies, ifany, are enclosed.  the comprehensive plan amendment.  D fy Chief  Community Planning and Growth     /  JDS/mp  Enclosure: Procedures for Adoption Agency Comments  CC: Marisa Barmby, AICP, Program Manager - Planning and Research, CFRPC  Jennifer Codo-Salisbury, AICP, Executive Director, Central Floridal Regional Planning Council  Ane equal opportunity employer/program. Auxiliary aids and service are available upon request toi individuals with disabilities. All voicet telephone numbers ont this document may! ber reached byp persons usingT TTY/TTD equipmenty viat the Florida  Caldwell Building I 107E E. Madison Street Tallahassee, FL 32399 850.245.7105 I www.F Floridalobs.Or6 I Twiter.GFLACommerse  Relay Service at7 711.    SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS  FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes  NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using FloridaCommerce's electronic: amendment submittal portal Comprehensive Plan and Amendment Upload" tp/leamsalesloseslescom/e. or submit three complete copies of all comprehensive plan materials, ofwhich one complete paper copy and two complete electronic copies on CD ROMI in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); andi the Department of Education (amendments relating to public schools); andi for certain local governments, the appropriate militaryi installation and any other local government or SUBMITTAL LETTER: Please include thet following information in the cover! letter transmitting the  governmental agency that has filed a written request.  adopted amendment:  Florida Department of Commerce identification number for adopted amendment package; Summary description of1 the adoption package, including any amendments proposed but not  adopted;  Ordinance number and adoption date; timely comments to the local government;  Certification that the adopted amendment(s) has been submitted to all parties that provided Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment  package:  Ini the case of text amendments, changes should be shown in tike-througryunderine format; Ini the case of future land use mapi amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation;  Acopy of any data and analyses the local government deems appropriate.  Effective:. June 2, 2011 (Updated. July 2023)  Page 10 of2    Note: Ift the local government is relying on previously submitted data and analysis, no additional data  and analysis is required;  Copy ofe executed ordinance adopting the comprehensive plan amendments); Suggested effective date language for the adoption ordinance for state coordinated review:  "The effective date oft this plan amendment, ift the amendment is not timely challenged, shall be the date the state land planning agency posts a notice ofi intent determining that this amendment isi in compliance. Ift the amendment is timely challenged, ori ift the statel land planning agency issues ar notice ofintent determining that this amendment is noti in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission entersai final order determining this adopted amendment to bei in List of additional changes made ini the adopted amendment that the Florida Department of List of findings of the local governing body, ifany, that were noti included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed byt the Florida Department of Commerce to the ORC report from the Florida Department of Commerce.  compliance."  Commerce did not previously review;  Effective: June: 2, 2011 (Updated. July 2023)  Page 2of2    2379 Broad Street, Brooksville, Florida3 34604-6899 (352) 796-7211 or: 1-800-423-1476 (FLonly)  Southwest Florida  Waer.Management: District WaterMatters.org  Bartow Office 170 Century Boulevard Bartow, Florida 33830-7700 (863) 534-1448or 1-800-492-7862/ (FLonly)  Sarasota Office 785 Sarasota Center Boulevard Sarasota, Florida 34240-9770 (941) 377-3722or 1-800-320-3503 (FLonly)  Tampa Office 7601 u.s. 301 North Tampa, Florida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only)  Employ  EdA Armstreng April 24, 2024 Chair, Pinellas Michollo Willamson Vice Chair, Hillsborough Secretary, Hernando, Marion  John! Mitten Ms. Barbara Powell, Plan Processing Administrator  Jeckl Bapham State Land Planning Agency Treasurer, Manatee Caldwell Building Former Chair, Kally Citrus, S.Rice Lake, 107 East Madison - MSC 160 Levy, Sumter Tallahassee, FL 32399-4120  Joels Schlelcher Former Chair, Charlotte, Sarasota Ashley Bell Bamett Polk Subject: Jehn! Hall Polk James! Holton Pinellas Dear Ms. Powell: Dustin Rowland Pasco Rebert Ster  Polk 24-1ACSC City  Hllsborough The Southwest Florida Water Management District (District) has reviewed the Hillsborough, Nascy Watkins Pinellas proposed amendment. We are not forwarding any comments for consideration.  Brian.. Armstreng, P.a. We appreciate this  to  in the review  have any  Executive! Director  opportunity participate  process. If youl  questions or require further assistance, please do not hesitate to contact me at  (352)269-6937 or ames.golden@watermatters.org.  Sincerely,  h- h hlla James J. Golden, AICP Senior Planner JG  Cc: Marisa Barmby, CFRPC    City Commission Meeting June 18, 2024  AGENDA ITEM #2:  Ordinance 2024-02: Rezoning in the Green Swamp Area of Critical  State Concern  INFORMATION ONLY X ACTION REQUESTED  ISSUE:  Ordinance 2024-02 - Rezoning in the Green Swamp Area of Critical State Concern is an applicant- initiated 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) on approximately 1.44 acres in Polk City, located at 9600 SR - 33 (Parcel number 252831-0000.044210. Second and Final Reading  ATTACHMENTS: Ordinance 2024-02 Florida Commerce Letter ANALYSIS: structure.  The applicant is requesting these amendments as they would like to utilize the site to build a residential This item was presented at the. January 8, 2024 Planning Commission Meeting and approved to forward  on to the City Commission for final approval. This is a companion Ordinance to Ordinance 2024-01.  After the March 26, 2024 Special City Commission Meeting, this item was transmitted to Florida Commerce for a 30-day State Review. On June 4, 2024, Polk City received correspondence from Florida Commerce regarding this Ordinance stating "no objections or comments to the proposed  amendment.  Polk City's Business Impact Statement is attached.  STAFF RECOMMENDATION:  Approve Ordinance 2024-02 on Second and Final Reading    ORDINANCE 2024-02  AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF POLK CITY, FLORIDA TO CHANGE THE ZONING FOR APPROXIMATELY 1.44 ACRESLOCATED, AT 9600 STATE ROAD3 33 (PARCEL NUMBER 252631- 000000-044210) FROM CONVENIENCE CENTER-X (CCX) TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CONFLICTS, CODIFICATION AND AN  EFFECTIVE DATE.  NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF POLK SECTION 1. FINDINGS AND INTENT. In adopting this Ordinance, the City Commission of Polk City, Florida hereby makes the following legislative findings and  CITY, FLORIDA:  intent:  (1) The City Commission of Polk City held meetings and hearings regarding the parcels show on Exhibit "A", with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings,  including supporting documents.  (2) The City has followed all statutory and Code requirements for noticing and advertising this rezoning Ordinance and public hearings associated with the rezoning. (3) Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impact estimate pursuant to S 166.041(4)(C), and  determined that adoption of this ordinance:  (1) serves a public purpose by serving the public health, safety, morals, and (2) has no direct negative economic impact on private, for-profit businesses in the (4) does not impose any new charge or fee or businesses for which businesses (5) does not create any additional municipal regulatory cost which is not recovered (4) The City Commission has received public input on the rezoning and a (5) The City Commission of Polk City finds that the applicants have met the criteria for rezoning under the City's land development regulations and that rezoning will  welfare of the City, city,  (3) will not result in direct compliance costs by businesses,  will be financially responsible, appropriately and lawfully by the City.  recommendation from staff.  not adversely affect the public interest.  1    (6) In exercise of its authority, the City Commission has determined it necessary to amend the Official Zoning Map to change the City zoning classification  assigned to this property.  SECTION 2. ZONING AMENDMENT: The official zoning map of Polk City is amended so as to assign the City Zoning Classification of RSX (Residential Suburban-X) on approximately 1.44 acres of land located at 9600 State Road 33 (Parcel Number 252831-00000.044210) in the Green Swamp Area of Critical State Concern, as shown  on Exhibit" "A"attached hereto.  SECTION 3. BUSINESS IMPACT ESTIMATE. Pursuant to Section 166.041(4), Florida Statutes, Polk City is required to prepare a business impact estimate for certain proposed ordinances. This proposed ordinance rezones property in accordance with the owner's proposed use related to a voluntarily annexation of land into Polk City. Such an amendment to the City's Plan (1) serves a public purpose by serving the public health, safety, morals, and welfare of the City, (2) has no direct negative economic impact on private, for-profit businesses in the city, (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge or fee or businesses for which businesses will be financially responsible, and (5) does not create any additional municipal regulatory cost which is not recovered appropriately and lawfully by the City. Thus, it is estimated that neither residents nor any business will incur additional costs. The City does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. The Business Impact Estimate form for this  ordinance is on file with the City Clerk.  SECTION 4. SEVERABILITY: If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain  infull force and effect.  SECTION5. CONFLICTS. All ordinances in conflict herewith are hereby repealed to the extent necessary to give this Ordinance full force and effect, provided however, that nothing herein shall be interpreted so as to repeal any existing ordinance or resolution relating to means of securing compliance with the City's Land Development Code (LDC),  unless such repeal is explicitly set forth herein.  SECTION 6. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances of Polk City, Florida. A certified copy of this enacting ordinance shall be located in the Office of the City Clerk of Polk City. The City Clerk shall also make copies  available to the public for a reasonable publication charge.  SECTION 7. EFFECTIVE DATE: This ordinance shall not take effect unless and until Ordinance 2024-1 adopting the companion future land use map amendment to this  rezoning becomes final and non-appealable.  2    INTRODUCED AND PASSED on FIRST READING, this 26th day of March,  2024.  POLK CITY, FLORIDA  Joe LaCascia, Mayor APPROVED AS TO FORM AND CORRECTNESS:  ATTEST:  Patricia Jackson, City Manager/Clerk  Thomas A. Cloud, City Attorney  PASSED AND DULY. ADOPTED ON SECOND READING, with a quorum present and voting by the City Commission of Polk City, Florida meeting in Regular Session this  day of ATTEST:  2024.  Joe LaCascia, Mayor  Patricia Jackson, City Manager/Clerk  3    ORDINANCE NO. 2024-02 EXHIBIT "A"  ZONING MAP.I PROPOSED  043020 ASON-LN-490 044060 044110  021040 022010 022070 022060 022040 022030  043090  043100  044180 044190  044020  044070  044170  044010  SHEPARD-LN 044140 044040  SUBJECTPARCEL Resicigal SuburbanX  044260  044160  044200  022020  044030  044050  044120  044250  Legend Subject Parcel ParcelE Boundaries Polk City Boundary Polk County Future Land Use RS- Residential-Suburban RL-1- Residental-Low1 ApraultualResdemtalRua Polk City Zoning  033150 033140 033080  011010  501p0 200p3300 400  CC-X- Convenience Center- Special Protection/ Area RS-X- Residential Suburban- Special Protection/ Area  Feet  0332  4    EXHIBIT B  Business Impact Estimate  This form should bei included int the agenda packet fort the item under which the proposed ordinance is to be considered and must be posted on Polk City's website by the time notice oft the proposed ordinance  is published.  Proposed ordinance's title/reference:  ORDINANCE 2024-02: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF POLK CITY, FLORIDA TO CHANGE THE ZONING FOR APPROXIMATELY 1.44 ACRES LOCATEDI AT 9600 STATE ROAD33 (PARCEL NUMBER 538)0POAON2TOFRON CONVENIENCE CENTER-X (CCX) TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; PROVIDING FOR A BUSINESS IMPACT ESTIMATE,  SEVERABILITY, CONFLICTS, CODIFICATION AND AN EFFECTIVE DATE.  This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means Polk City is of the view that a business impact estimate is not required by state law' for the proposed ordinance. If no boxes are checked, the Business Impact Estimate Requirements Section will be completed. Polk City may, in its own discretion, determine to perform a Business Impact Estimate for ordinances exempted per Florida Statutes. This Business Impact Estimate may be revised following its initial REASON EXEMPTED FROM BUSINESS IMPACT ESTIMATE REQUIREMENTS  posting.  The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the adoption of budgets or budget amendments, The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance  regulation;  The proposed ordinance relates to the issuance or refinancing of debt; including revenue sources necessary to fund the budget;  accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted toi implement the following: development agreements and development permits;  a. PartllofChapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders,    b. Sections 190.005 and 190.046, Florida Statutes, regarding community development Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating tot the Florida Fire Prevention Code.  districts;  See Section 166.041(4)(c), Florida Statutes.  BUSINESS IMPACT ESTIMATE REQUIREMENTS  Ina accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, Polk City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, The ordinance will change the Zoning from Convenience Center-X (CC-X) to Residential Suburban-X. Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impactestimate pursuant to S 166.041(4)(C), Florida Statutes, and determined that adoption of this (1) serves a public purpose by serving the public health, safety, morals, and welfare (2) has no direct negative economic impact on private, for-profit businesses in the (4) does not impose any new charge or fee or businesses for which businesses will (5) does not create any additional municipal regulatory cost which is not recovered Thus, iti is estimated that neither residents nor any business will incur additional costs. The City does notseek to impose any additional user or regulatory fees or charges,  such as serving the public health, safety, morals and welfare):  ordinance: of the City, city,  (3) will not result in direct compliance costs by businesses,  be financially responsible,  appropriately and lawfully by the City.  nor are any direct compliance costs expected.  2    2. Anestimate of the direct economic impact of the proposed ordinance on private, for- (a) An estimate of direct compliance costs that businesses may reasonably (b) Any new charge or fee imposed by the proposed ordinance or for which (c) An estimate of Polk City's regulatory costs, including estimated revenues from  profit businesses in Polk City, if any:  incur;  businesses will be financially responsible; and any new charges or fees to cover such costs.  3. Good faith estimate of the number of businesses likely to be impacted by the proposed  ordinance:  4. Additional information the governing body deems useful (if any):  [Youmay wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: Polk City's staff solicited comments from businesses in Polk City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on Polk City's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and,  therefore, the proposed ordinance does not affect only businesses).  3    Ron DeSantis J.A Alex Kelly  FLORIDACOMMERCE  June 4, 2024  The Honorable Joseph LaCascia Mayor, City of Polk City 123 Broadway Boulevard. Southeast Polk City, Florida 33868 Dear Mayor LaCascia:  The Florida Department of Commerce FloridaCommerce) has completed its review of1 the proposed comprehensive plan amendment fort the City of Polk City (Amendment No. 24-01ACSC), which was received on April5 5, 2024. We have reviewed the proposed amendment in accordance with the state coordinated review process setf forthi in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part ll, F.5. FloridaCommerce does noti identify any objections or comments tot the proposed amendment and this letter serves as the Objections, Recommendations and Comments Report. Review comments received by the Department from the appropriaterevewing The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of The second public hearing, which shall be al hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of FloridaCommerce's attached report, or the amendment will be deemed withdrawn unless extended by agreement with notice to FloridaCommerce. and any affected party that provided comment on the amendment pursuant to Section 163.3184/4)e)1., F.S. The adopted amendment must be transmitted to FioridaCommerce within ten working days after the second public hearing pursuant to Section 163.318414)e12,FS. If you have any questions related to this review, please contact Matthew Preston, Planning Analyst, byt telephone at (850) 717-8490 or by email at matt.preston@commerce..gov.  agencies, ifany, are enclosed.  the comprehensive plan amendment.  Chief  Planning and Growth  JDS/mp Enclosure: Procedures  E  for Adoption  Agency Comments  cc: Marisa Barmby, AICP, Program Manager - Planning and Research, CFRPC  Jennifer Codo-Salisbury, AICP, Executive Director, Central Florida Regional Planning Council  Ane equai opportunity employer/program. Auxiliary aids ands service are available upon requestt toi individuals with disabilities. AllV voicet telephone numbers ont this document may ber reached by persons using TTY/TTD equipment via the Florida  I 107 Madison Street Tallahassee, FL32399  Caldwell Building E.  850.245.7105 - wwwF Floridalobs.OIE - Twiter.eFiACommeree  Relay Service at 711.    SUBMITTAL OF/ ADOPTED COMPREHENSIVE PLAN AMENDMENTS  FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida! Statutes  NUMBER OF COPIESTO BE SUBMITTED: Please submit electronically using FloridaCommerce's electronic amendment submittal portal Comprehensive Plan and Amendment Upload" ssNNEAA or submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CDI ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schoois); and for certain local governments, the appropriate military installation and any other local government or SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the  governmental agency that has filed a written request.  adopted amendment:  Florida Department of Commerce identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not  adopted;  Ordinance number and adoption date; timely comments to the local government;  Certification that the adopted amendment(s) has been submitted to all parties that provided Name, title, address, telephone, FAXnumber and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION. AMENDMENT PACKAGE: Please include the following information in the amendment  package:  Int the case of text amendments, changes should be shown in trke-thvougr/ingerine format; Int the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation;  A copy ofany data and analyses the local government deems appropriate.  Page1o of2  Effective: June 2, 2011 (Updated. July 2023)    Note: If the local government is relying on previously submitted data and analysis, no additional data  and analysis is required;  Copy ofe executed ordinance adopting the comprehensive plan amendment/s); Suggested effective date language fort the adoption ordinance for state coordinated review:  "The effective date oft this plan amendment, ift the amendment is not timely challenged, shall be the datei the state land planning agency posts a notice of intent determining that this amendment is in compliance. Ifthe amendment is timely challenged, ori if the state land planning agency issues a notice ofi intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in List of additional changes made in the adopted amendment that the Florida Department of List oft findings of the locai governing body, ifa any, that were noti included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Florida Department of Commerce tot the ORC report from the Florida Department of Commerce.  compliance."  Commerce did not previously review;  Effective:. June 2, 2011 (Updated. July 2023)  Page 2of2    2379E Broad Street, Brooksville, Florida 34604-6899  Southwest Florida (352)7 796-7211 or 1-800-423-1476 (FLonly)  Water Management District WaterMatters.org  AnEqual Opportunty Employer  Bartow Office 170 Century Boulevard Bartow, Florida 33830-7700 (863) 534-1448 or 1-800-492-7862 (FLO only)  Sarasota Office 785 Sarasota Center Boulevard Sarasota, Florida 34240-9770 (941)3 377-3722or 1-800-320-3503 (FLonly)  Tampa Office North 7601 U.S. 301 Tampa, Florida 33637-6759 (813) 985-7 7481 or 1-800-836-0797 (FL only)  EAA Armstreng April 24, 2024 Chair, Pinellas Michelle Wilamson Vice Chair, HilMsborough Secretary, Hernando, Marion Former Chair, Citrus, Lake, Joel Schlolcher Former Chair, Charlotte, Sarasota Ashley Bell Barnett Subject: Polk Polk Jehn Hall Polk James Pinellas Holton Dear Ms. Powell: Dustinl Rowiand Pasco RobertSter Hillsborough, Pinellas  John! Mitten Ms. Barbara Powell, Plan Processing Administrator  Jackl Blapham State Land Planning Agency Treasurer, Manatee Caldwell Building Melly 6. Rice 107 East Madison-MSC 160 Levy, Sumter Tallahassee, FL 32399-4120  24-1ACSC City  Hillsborough The Southwest Florida Water Management District (District) has reviewed the Nascy Watkhs proposed amendment. We are not forwarding any comments for consideration. Bran.. Armstreng, P.a. We appreciate this opportunity to participate in the review process. If you have any Executive Director questions or require further assistance, please do not hesitate to contact me at  (352) 269-6937 or ssseAatAA  Sincerely,  FKK James J. Golden, AICP Senior Planner JG  Cc: Marisa Barmby, CFRPC    City Commission Meeting June 18, 2024  AGENDA ITEM #3:  Resolution 2024-04- TPO Interlocal Agreement  INFORMATION ONLY X ACTION REQUESTED  ISSUE:  A RESOLUTION OF THE CITY COMMISSION OF POLK CITY, FLORIDA; ENDORSING THE MEMBERSHIP APPORTIONMENT PLAN FOR THE POLK TRANSPORTATION PLANNING ORGANIZATION; AUTHORIZING THE MAYOR TO EXECUTE AN UPDATED INTERLOCAL  AGREEMENT; PROVIDING AN EFFECTIVE DATE.  ATTACHMENTS: Resolution 2024-04 TPO Interlocal Agreement ANALYSIS:  The current Interlocal Agreement for creation of the Polk Transportation Planning Organization was executed on July 10, 2014, and there will be a need to update this Interlocal Agreement to reflect the new Membership Apportionment Plan based on the decennial Census and new federal provisions for  the MPO planning process. STAFF RECOMMENDATION: Adopt Resolution 2024-04    RESOLUTION 2024-04  AF RESOLUTION ENDORSING THE MEMBERSHIP APPORTIONMENT PLAN FOR THE POLK TRANSPORTATION PLANNING ORGANIZATION AND AUTHORIZING THE CHAIRMANMAYOR TO EXECUTE AN AMENDED INTERLOCAL  AGREEMENT  WHEREAS, Section 134 of Title 23 of the United States Code and Section 339.175 of Florida Statutes requires the designation of metropolitan planning organizations (MPO) in  urbanized areas, as defined by the US Bureau of the Census; and  WHEREAS, the Polk Transportation Planning Organization serves as the MPO for the Lakeland and Winter Haven Urbanized Areas and is the agency designated to conduct a continuing, coordinated, and comprehensive transportation planning process; and  WHEREAS, the Governor has requested the Polk Transportation Planning Organization (TPO) to submit a Membership Reapportionment Plan that is based on the 2020 Census and  consistent with federal and state requirements; and  WHEREAS, Section 339.175 ofthel Florida Statutes describes ther membership oft the MPO, including the authority of the Governor to apportion membership based on agreement with local  governments, geographic location and equitable population distribution; and maximize local government participation in the TPO planning process; and  WHEREAS, the Polk TPO endorsed its current membership structure as the best means to WHEREAS, the Polk TPO has prepared a Membership Apportionment Plan using the results oft the 2020 Census, and this Plan demonstrates that the proposed membership structure  apportions voting members on an equitable geographicpopuation basis; and  WHEREAS, under the MPO designation procedure, member local governments are required to adopt a resolution accepting or rejecting the proposed reapportionment, and WHEREAS, federal and state laws require the member local governments to enteri into an interlocal agreement with the Florida Department ofTransportation to create al MPO and delineate  provisions for its operation; and  WHEREAS, the current Interlocal Agreement for Creation of the Polk Transportation WHEREAS, there will be a need to update this Interlocal Agreement to reflect the new Membership Apportionment Plan based on the 2020 Census and new federal provisions for the  Planning Organization was executed on July 10, 2014; and  MPO planning process.  NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Polk City,  Florida at its regular meeting convened on June 18, 2024:    1. That the City of Polk City endorses the TPO Membership Apportionment Plan approved by the TPO Board on October 12, 2023, and as listed below:  JURISDICTION Polk County Board of County Commissioners City of Lakeland City of Winter Haven City of Auburndale City of Bartow City of Haines City City of Lake Wales City of Lake Alfred City of Davenport City of Fort Meade City of Mulberry City of Frostproof City of Dundee City of Eagle Lake City of Polk City City of Lake Hamilton  VOTING MEMBERS Five (5) Six (6) Three (3) One (1) One (1) Two (2) One (1) One (1) One (1) One (1)* One (1)* One (1)* One (1)** One (1)** One (1)** One (1)**  *Alternate Voting Membership = South County Bloc **Alternate Voting Membership - Central County and Ridge Bloc  2. That the City of Polk City authorizes its Chairman/Mayor to execute the Amended Interlocal Agreement for the Creation of the Polk Transportation Planning Organization pending the Governor's approval of the Membership Apportionment  Plan.  City Commission of Polk City  Joe LaCascia, Mayor  June 18. 2024  Date  ATTEST:  APPROVED AS TO FORM & LEGALITY    AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE POLKTRANSPORTATION PLANNING ORGANIZATION  THIS AMENDMENT (hereinafter "Amendment") is made and entered into by and between the State of Florida, Department of Transportation; Polk County; the City of Auburndale, City of Bartow, City of Davenport, Town of Dundee, City of Eagle Lake, City of Fort Meade, City of Frostproof, City of Haines City, City of Lake Alfred, Town of Lake Hamilton, City of Lakeland, City of Lake Wales, City of Mulberry, City of Polk City, and the  City of Winter Haven, collectively known as "the parties."  RECITALS  WHEREAS, the parties reaffirm the Interlocal Agreement dated July 10, 2014; WHEREAS, section 134 Title 23 of the United States Code requires the designation of metropolitan planning organizations (hereinafter "MPO" or "MPOs") in urban areas, as  defined by the United States Census Bureau;  WHEREAS, section 339.175(4)(a), Fla. Stat., requires the Governor to review the composition of the Metropolitan Planning Organizations membership in conjunction with  the decennial census;  WHEREAS, section 134 of Title 23 of the United State Code sets forth membership requirements for MPOS designated for transportation management areas (TMA) with a  population of 200,000 or more residents;  WHEREAS, the Polk Transportation Planning Organization (TPO) serves as the MPO for the Lakeland and Winter Haven TMAS and is the agency designated to conduct a continuing, coordinated, and comprehensive transportation planning process;  WHEREAS, on October 12, 2023, the governing board of the Polk TPO met to review its voting composition and approved a Resolution Supporting the Adoption of the TPO  Membership Apportionment Plan "Apportionment Resolution");  WHEREAS, the signatories to this Amendment hereby reaffirm the Apportionment WHEREAS, the governing body of the Polk TPO has determined it is appropriate that the City of Davenport, City of Haines City, City of Lake Alfred, and City of Winter Haven be granted additional representatives as voting members to the Interlocal Agreement creating  Resolution as iffully set forth herein;  the Polk TPO.  1    NOW, THEREFORE, in consideration of the mutual covenants, promises, and  representation herein, the parties agree as follows:  I. II.  Recitals. The foregoing recitals are true and correct.  Interlocal Agreement. Article 4, Sections 4.01(a) and 4.01(c) of the Interlocal  Agreement dated July 10, 2014, are amended to read as follows:  Section 4.01. Composition and membership of governing board.  (a) The membership of the TPO shall consist of twenty-three (23) voting members and six (6) non-voting advisors. The names of the member local government entities and the voting apportionment of the governing board as approved byt the  Governor shall be as follows:  JURISDICTION  VOTING MEMBERS Five (5) Six (6) Three (3) Two (2) One(1) One (1) One(1) One(1) One (1) One (1)* One (1)* One (1)* One (1)** One (1)** One (1)** One (1)**  Polk County Board of County Commissioners  City of Lakeland City of Winter Haven City of Haines City City of Bartow City of Lake Wales City of Auburndale City of Davenport City of Lake Alfred City of Fort Meade City of Mulberry City of Frostproof Town of Dundee City of Eagle Lake City of Polk City Town of Lake Hamilton  * Alternate Voting Membership - South County Bloc ** Alternate Voting Membership - Central County and Ridge Bloc  The Florida Department of Transportation shall have one (1) non-voting advisor on (c) Pursuant to section 339.175(3), F.S., the voting membership of an M.P.O. shall consist of not fewer than 5 or more than 25 apportioned members, the exact  the TPO.  2    number to be determined on an equitable geographicpopulation ratio basis by the Governor, based on an agreement among the affected units of general- purpose local government as required byf federalrulesa and regulations. TheTPO's voting membership as set forth in Section 4.01(a) complies with section III. Entire Agreement. This Amendment represents the entire understanding and agreement between the parties with respect to the subject matter hereof. None oft the terms and provisions hereof may be amended, supplemented, waived or changed orally,  339.175(3), F.S.  but only by a writing signed by each of the parties hereto.  IV. Amendment Execution and Counterpart Signature Pages. This Amendment may be executed in any number of counterparts, each of which when SO executed and delivered, shall be an original; but such counterparts shall together constitute  but one and the same instrument.  V. Effective Date. Pursuant to Section 163.01(11), F.S., this Amendment shall become effective upon the filing of the fully executed Amendment with the Clerk of the  Circuit Court for Polk County, Florida.  VI. Except as hereby modified, amended or changed, all of the terms and conditions of the Interlocal Agreement dated July 10, 2014 and any amendments thereto  will remain in full force and effect.  IN WITNESS WHEREOF, the undersigned parties have caused this Amendment to  the Interlocal Agreement dated July 10, 2014, to be duly executed on their behalf.  BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA  CITY OF LAKELAND  BY: ATTEST:  BY: ATTEST:  CITY OF WINTER HAVEN  CITY OF AUBURNDALE  BY: ATTEST:  BY: ATTEST:  3    CITY OF BARTOW  CITY OF HAINES CITY  BY: ATTEST:  BY: ATTEST:  CITY OF LAKE WALES  CITY OF FORT MEADE  BY: ATTEST:  BY: ATTEST:  CITY OF MULBERRY  CITY OF FROSTPROOF  BY: ATTEST:  BY: ATTEST:  CITY OF LAKE ALFRED  TOWN OF DUNDEE  BY: ATTEST:  BY: ATTEST:  CITY OF EAGLE LAKE  CITY OF DAVENPORT  BY: ATTEST:  BY: ATTEST:  CITY OF POLK CITY  TOWN OF LAKE HAMILTON  BY: ATTEST:  BY: ATTEST:  4    FLORIDA DEPARTMENT OF TRANSPORTATION  BY: ATTEST: LEGAL REVIEW:  DISTRICT GENERAL COUNSEL  5    City Commission Meeting June 18, 2024  AGENDA ITEM #4:  Request for Code Enforcement Reduction of Lien - 620 2nd Street  INFORMATION ONLY ACTION REQUESTED  X  ISSUE:  Code Enforcement Violation Lien ATTACHMENTS:  -Application for entire Lien Reduction - total lien is $23,409.30 -Email from current property owner requesting inspection for compliance  Magistrate Findings of Fact -Warranty Deed -Buyers Settlement Statement ANALYSIS:  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 previous owner and her family on numerous The property was sold and the new owner was aware of the Lien prior to purchase, and brought the property into compliance. Therefore, the new owners are asking that the entire Lien to be released.  occasions, to no avail.  STAFF RECOMMENDATION:  City staff recommends that the City Commission consider a motion to reduce the lien amount not to exceed half the lien amount, with any release to be granted only upon payment of the reduced lien  amount to be specified by the City Commission.    SRE  COPY  okCity  123) Broadway) Boulevard Southeast, Polk City, Florida 33868 Phone 863)984-1375-Fax (863)984-2334  Application for Reduction of Code Compliance Fine(s) and Release ofl Lien(s)  Alli information fields must bec completedl beforet thist applicationc canb bep processed. Requests aren motr reviewed! by Polk City or presented befores Special! Magistrate  untild thisa applicationk hasb boeno complaed. CONTACTI INFORMATION  APPLICANT'S) NAME: BLACKACCL HERL ESTARIE MAILING ADDRESS: M40! MANATEE AE W/#S20  PHONE: R2-726-222Z FAX: CITY:GAPDENTON CITY: BIADENION  EMAIEHLAAEARPAesCeA  STATE: FORIOA ZIP CODE: 34205 STATEREIOA ZIPCODE: 54205  ADDRESS TO1 MAILI RELEASE OFI LIENT TO: 1401 MRNATEE AMe W'RSID AUTHORIZED REPRESENTATIVES: NAME: DANIEL Meneles fL LexI BVENIEL WRITTEN. ANDI NOTARIZED AUTHORIZATION OWNER: CYES NO  CASE INFORMATION  CASE NUMBER(S): CE 23-0047  LIEN ADDRESS (PROPERTY SUBJECT TO1 THE1 LIEN(S): 620 Ewo ST OLKCITY KL 33868 NAME OF CURRENT OWNER OF LIEN ADDRESS: BAE Mock Aent ESIPGLLE CURRENT OWNER' S RELATIONSHIP OR AFFILIATION WITHI ENTTTY/PERSONI NAMED INI LIEN (S): OTHER PROPERTYI LOCATED INI POLK CITY WHICHI BELONGS TO CURRENT OWNER:  MONE MA  VIOLATIONIS)ATI LIEN ADDRESS WHENLIEN/S), WERE PLACED: Sec. 34-102-4 DECLAAIN of  22- 304 - EITEAIPR EINTBRIOR DF STATVAES 2.05,00 - GENCRAL AEGVLATINS At Aaessoey, VSES. WHOIIVEDATLIEN, ADDRESS WHENLIEN(S) WAS/WERE. ASSESSED? PAevass Owwek. SYBI6 pepw NhLLIRNS REASONS VIOLATION(S)I NOTO CORRECTED! BEFOREI LIEN(S) PLACED:  NeISANCE.  DAAIHBITED Caworn's,  VNEWOWN,  WHATI ISTHEL REASONY YOUA ARE1 REQUESTINGAF REDUCTION OR RELEASE OF THE LIEN? 17s PRESED FRor AERE eSTTE SELLINE ABENT TFAT Reviovs OWNEE NVAS MEDICRLY MEAPP/TATeD, TAS WAS CABLE 7 PHISIERL! ACOBESS SPID LIeNS. RorermAs PACVrovs Selcee HAD Beew RNIT INTO AESS76 ZNANGI wz 7H No NexT oF Rin AIILAGLE PA wuIng Tp ASsisfArecas Fon SALE WERE USED f PAI AssisTeD biirs.  Application for Reduction of Code Compliance Fine(s) and) Release of Lien(s)  Has the applicant previously applied for lien release/reduction: for this property?  Yes ANO  Ifyes, when?  (month & year)  Applicants are required toc complete the Fine list belowa and top provide copics of any! lien they want consideredi int this Lien Release/Fine Reduction. Application. To obtaini information on fines/liens contact Polk Citya at (863) 984-1375or visitt the  Polk City Government Centera atl 123 Broadwayl Boulevard Southeast, Polk City, Florida 33868  Page 1 H    Applicanti ist requesting thel below lieu(s) be: (Check all that apply) Released Completely Other  ACCK  Reduced Released from thel Property located at 610 B4 ST hROMRSE  Lien(s) to remaini in thei name ofthe owner at time oflien.  Applicant's Request  Amount of Fine  Date/Month Certified SlEs/2y  $ 23,407.30 $  Application for Reduction of Code Compliance Fine(s) and Release ofLien(s) Under penalty ofperjury Florida Statute 837.02 (1), the undersigned swears or affirms that the information provided on this three (3) page Application for Reduction of Code Compliance Lien(s) is  true and correct. Applicant's  BAK Aick ACR ESTATLLLC Date  E  State offlorida Ntvada PelkCiyCevahy of Clark Patmedts notarization.  The foregoing was swornt to and subscribed! before me this 28 day of Muyzo2Lby Anverilicene asidentification and did appear before me at the time of  He or shei is personally known to me, or provided  Notary Public: Signature: Printed Name: My Commission  ALEXIUSK KARINN BURRIEL Notary Public, Stated ol Nevada Apoointment No.2 20-5955-C1 My Apot. Exaires Dec1,2074  Pymel  R  Expires: 124011411  For Polk City Use only  Application Accepted on: Total Reduction Approved byt the' Town: $  Total Amount ofLien(s):$_  Other:  Page 12     City of Polk GAByL. 123 Broadway RELAE Polk City, FL: 35868 Phone: 863.9848E376 Fax: 863.984.2334  Case # CE23-0047 6202NDST.POLK CITY,FL, 33868 Parcel ID: 25263229600005050 OAKRIDGE HEIGHTSPB20PG16  INSTR #. 2023229729 BK RECORDED 12854 54S1as Pg,2177 STACY M. BUTTERFIELD, CLERK OF COURT POLKLOUNTY RECORDING FEES $10.00 RECORDED BY ABIGZAMB  PM  Polk City Petitioner V. Respondent(s)  WILLIAMS SYBIL. JEAN, 620 2ND ST. POLK CITY, FL,33868  FINDINGS OFI FACT, CONCLUSIONS OF) LAW AND ORDER  ORDER OF IMPOSING FINES AND LIEN THIS CAUSE came on for public hearing before the Special Magistrate James Pyle after due notice to Respondent(s), having heard testimony under oath, received evidence and heard argument thereupon, issues this "Findings of Fact, Conclusions ofLaw and  Order", pursuant to $$162.07(4) and 162.08(5), Florida Statutes:  FINDINGS OF) FACT  1. On or about APRIL 6T" 2023 there existed at on the above-described property, the following conditions in violation of the Code of Ordinances of Polk City, such conditions constituting a nuisance and a threat to the public health, safety, and welfare within the meaning of $162.06(4), Violations: Sec. 34-102. Declaration of nuisance Sec. 22-304. - Exterior and interior of structures  Florida Statutes.  Sec. 2.05.00 General! Regulations for Accessory Uses 1. Violation. Address: 620 2ND ST. POLK CITY, FL, 33868  2. The property has been in violation FROM APRIL 6, 2023. A: notice of violation was sent on April 6th ,2023 and a notice of hearing on June 28+h 2023. At the Special Magistrate Hearing on July 19th 2023 at 1:30 pm, it was ordered that 60 days to comply and if violation still exists a $100.00 a day will açcrue until compliance. The lien for $209.30 was imposed DONE AND ORDERED this 20th" day of September 2023 at Polk City, Polk County  Florida.  ATTEST: SN Kellyl Downing Administrative Assistant FURTHER AFFIANT SAYETHNOT. SLaRl-PO  James/Pyle Specia-Magistrate September 20. 2023 Date  SHEAMDOLENP.DUNN CommisimiG8345407 Explres November 15, 2023 BondedThn ToyFenk naursnces 60-385-7019  Notary Public    FIRST OFFENSE SCRIPT REMAINS IN VIOLATION (ADD1 TRIP FOR AFTER SM CBD)  COPY  Page#_1 My name is MCVAY Owner: WILLIAMS SYBIL JEAN  Agenda#_1 Certified Code Investigator  Case # CE23-004700  The violation address is 6202ND ST. POLK CITY.FL,33868  Due to this being a: zero lot Iwill read thel Legal Description into the record.  Section: Township: Range: Subdivision:  Parcel:  The violation for this location consists of2.05.00 General Regulations for Accessory  Uses  22-304. - Exterior and interior of structures 2.05.00 General Regulations for Accessory Uses request that the photos be accepted into evidence  Ipersonally took the photos for this case and they accurately depict what I observed. I  AN Notice ofViolation/Notice ofHearing was issued toi the property owners on. April 6th 2023 and June 28th2023_ by 1st Class and then Certified Mail and/or Posting of the  property.  Irechecked property on July 11th2023 - and the violations remained.  Ihave had conversations with the owner and her daughter afterIhad posted the property. The: family will be bringing in a dumpster over the weekend of7/15/23 to work on the We are requesting the respondents be given 00 days to comei into compliance ora Also, an additional fine of$_ 9.30 to be imposed to cover the cost of enforcement. days oft this date June 19th, 2023. Payable tol Polk City by cash check or money order  property.  depti7,2013  daily fine of$_100.00 to accrue until compliance.  #quso  There is an invoice #  in the amount ofS30 to be paid within the next 30  reference your case number sO it will be applied to your case.  Polk City Code Enforcement, 123 Broadway Blvd., Polk City Florida, 33868  Phone: (863) 984-1375 Fax: (863)9 984-2334    0Gst  FIRST OFFENSE SCRIPT REMAINS IN VIOLATION (ADDITRIP FOR AFTER SM CBD)  COPY  ME  Page# 2  Agenda# 2 Certified Code Investigator  Case # CE23-0047  Re 4  My name is, MCVAY Owner: WILLIAMS SYBIL JEAN  The violation address is. 6202ND ST. POLK CITY.FL.33868  Due to this being a zero lotl Iwill read the Legal Description into the record.  Section: Township: Range:, _Subdivision: The violation for this location consists of 22-304.-] Exterior and interior ofs structures 2.05.00 General Regulations for Accessory Uses Sec. 34-102. - Declaration of nuisance: prohibited conditions. request that the photos be accepted into evidence.  Parce!:  Ipersonally took the photos for this case and they accurately depict what Ic observed.. I ANotice ofViolation/Notice of] Hearing was issued to thej property owners on April 6th 2023 and June 28th 2023_by 1st Class and then Certified Mail and/or Posting of the  property. Finding of Fact sent 1st class July 19th 2023  Irechecked property on September 18th, 2023 and the violations remained.  Ihave had conversations with the owner and her daughter after) I1 had posted thej property. The family will be bringing in a dumpster over the weekend of7/15/23 to work on the property.NO. MORE WORK HAS BEEN DONE ON THEI PROPERTY: TO CORRECT Wes are requesting the respondents HAVE THE. LIEN PLACED FOR THE AMOUNT OF: $209.30. ACCRUING AT $100.00 PER: DAYUNTIL COMPLIANCE HAS BEEN  THE VIOLATIONS  ACHIVED.   +Tuk alloboltth popaya stu,  Bol Aluds Cpubot  mATETA Rueh Ta +Dukhavy Yh mot had E shu  Mas st hite Daykh  been Mk lidkyalk  Met beer E ObL Tota al Mot berpen a  33  tT E1 sillay  E2    Melanie McVay From: Sent: To: Subject: HiN Melanie,  Lexi Burriel <lex.burriel@homevestors.com> Monday, April 29, 20248:26PM Melanie McVay Re: 620 2nd street lien  We are wrapping up repairs at 620: 2nd St! Any chance we can have another inspection scheduled for Wednesday or Thursday? Our contractor will be complete with all repairs as of Saturday, and we'dI like to make surel he completes all  repairs needed before then. Please advise, thank you! Kind Regards, Lexi Burriel, Office Manager HomeVestors- - Black Rock Real Estate LLC Office: (702)726-9777 Cell: 559)265-2909 Email: bunePhomsionkon  9:30AW  Wad  HOMEVESTORS AMERICA'S #1 HOME BUYER  From: Melanie McVay <melanie.mcvayemypolkttyorg> Sent: Thursday, Apr14,202410-47AM To: Lexi Burriel <lex.burriel@homevestors.com> Subject: 620: 2nd street lien  You don't often gete email from eanemcyempakcyeng Learn whyt thisi is important  qpo/33 209,30  SepT (0 6CT 31 Uov 30 Dec 31 JAN 31 29 Feb WAych April 3 AAY 9  Melanie MeVayel Code Enforcement Officer Polk City 123 Broadway Blvd SE Polk City Florida 33868 863-984-1375 ext 232  232 X 100 = 25,900.7201.30  CITRL 23,409.30    Prepared By and Returned to: Terri Abney University Title Agency Tampa, FL, 33602  601 South Harbour Island Boulevard, Ste 109 incidental to the issuance ofa title insurance policy. File Number: 24-13848-FL Parcel ID! #.57632.9400.985050  WARRANTY DEED (INDIVIDUAL)  This WARRANTY DEED, dated 01/30/2024 by Sybil, Jean Williams, a single woman whose post office address is 922 Hillgrove Lane Auburndale, FL3 33823 hereinafter calledt the GRANTOR, tol Black Rock Real Estate, LLC, al Nevada Limited Liability Company whose post office address is 2950 South Rainbow Boulevard Las Vegas, (Wherever used herein the terms "Grantor" and "Grantee" shall include all parties to this instrument and the heirs, legal representatives and assigns ofi individuals, and the successors and assigns of corporations.)  NV8 89146, hereinafter called the GRANTEE:  WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged. hereby grants, bargains, sells, aliens. remises. releases, conveys and confirms unto the GRANTEE, all that certain land situate in Polk County, FL viz:  Lot 191 Less the West 35 feet, all of Lot 20 and 21, and Lot 58 and the East 15 feet of Lot 6, Block 5, Oakridge Heights, according to the Plat thereof, recorded in Plat Book 20, Page(s) 16, of the Public Records of Polk SUBJECT TO covenants, conditions, restrictions, reservations, limitations. easements and agreements of record, ifa any; taxes and assessments for the year 2023 and subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental authorities. ifany. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise  County, Florida.  appertaining.  TOHAVE. AND TO HOLD, the same in fee simple forever.  ANDT THE GRANTOR hereby covenants with said GRANTEE that except as above noted, the GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good, right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants the title to said land and will defend  the same against the lawful claims ofall persons whomsoever.    IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above. IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth  above.  SybilJean Williams NN  PRESENCE OF THE FOLLOWING WITNESSES:  SJOr Lolillo Sybil. Jean Williams by  Cyse 5-LAc RRa  Name: Joph Von Kup  LAddress: 3015 Silverso Teince  Crystal S. Lindell as her Attorney in fact  wtA Houat  3977  Witness Print! Name: M2Q Address: -  35335  STATE OF Floa COUNTY OF PoK  THE FOREGOINGINSTRUMENT was acknowledged before me. by means of[l online notarization or [physical presence, this 30 day of January. 2024 by: Sybil Jean Williams by Crystal S. Lindell as her Attorney in fact. He/She is personally known to me or who has  produced FL AC  as identifiçation.  (SEAL)  NotaryPublic 3 Pripdi NamesJoyph Von  JOSEPHVONKEMP Explres March9,2 2026  Kp  Commhsin#HH238289 My Commission Expires:yon/2ez    University Title Agency 601 South Harbour Island Boulevard Ste 109 Tampa, FL33602 (248)2 218-1234 File#: Prepared: Escrow Officer: TerriA Abney  ALTA Buyer's Settlement Statement  24-13848-FL 01/30/2024  Property Buyer  6202 2nd Street Poik City, FL33868 Black Rock Real Estate, LLC 2950 South Rainbow Boulevard STE240 Las Vegas, NV89146 Sybil) Jean' Williams 620 2nd Street Polk City, FL33868  Settlement Date 01/30/2024 Disbursement Date 01/30/2024  Seller Lender  Description  Buyer $102,860,00 $55,000.00  Debit  Credit  Financial Sales Price ofF Property Deposit Loan Amount Construction Draw Prorations/Adustments County Taxes 01/01/20241 too 01/30/2024 Loan Charges Notary Fee to University Title Agency Government Recording and Transfer Charges Recording Fees ---Deed: $18.50 Documentary Stamp Tax Mortgage) to Polk County Clerk Intangible Taxi (Mortgage) to Polk County Clerk Title Charges &E Escrow /Settlement Charges Title- Lender'sTitler Policy to Westcor Land Title Insurance Company Title- Recording Processing Fee to University Title Agency Title- Settiement Fee to UnyersityTileAgenty Miscellaneous Transaction Feet to HomeVestors Transaction Feet to University Title Agency  $1,000.00 $164,000.00  $48.66  $350.00 $18.50 $574.00 $328.00 $605.50 $35.00 $350.00 $500.00 5250.00 $1,957,67 $162,828.67 $2,219.99 $165,048.66  Homeowner's) Insurancel Premium tol Millennial Specialty Insurance  Debit  Credit  Subtotals Due to Buyer Totals  $165,048.66 $165,048.66  Producedb by University Title Agency Using Qualia  Pageiof2  24-13848-FL Printedo on01/30/2024    Acknowledgement  We/lhave carefully reviewed the Settlement: Statement and findi ittob bea at true and accurate statement of alir receipts and disbursements made onr my  account orb by mei int this transaction: andi further certify thatl Ihaver received a copy oft the Settlement! Statement. We/la authorize University Title Agency to cause thet funds tob bec disbursed ina accordance with this statement.  Black Rock Real Estate, LLC, aNevadal Limited! Liability Company By: PaBasself Carl Bassett, Manager Broker:  01/31/2024 Date Date 01/31/2024 Date    Producedb byl University Title Agency Using Qualia  Page2of2  24-13848-FL Pintedon01/30/2024    City Commission Meeting June 18, 2024  AGENDAI ITEM#5:  Request for Lien Release 520 2nd Street  INFORMATION ONLY ACTION REQUESTED  X  ISSUE:  Release Code Enforcement Lien ATTACHMENTS:  Release of Lien Application Packet -Final Judgment of Foreclosure Certificate of Title from Judicial Sale -Release Documents ANALYSIS:  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 than the principal due on the mortgage.  STAFF RECOMMENDATION:  City staff recommends that the City Commission consider a motion to Release the Lien for 520 2nd  Street.    PolkCity  1231 Broadwayl Boulevard Southeast, Polk City, Florida 33868 Phone (863) 984-1375-Fax (863)984-2334  Application for Reduction of Code Compliance Fine(s) and Release of] Lien(s)  Alli informationi fields must bec completed beforet this application can bep processed. Requests are not reviewed by Polk City or presented before Special Magistrate APPLICANT'S NAME: NewRez LCD8AShalpainf. Mortgage Servicing Ayant-irghCarke  until this application bas been completed. CONTACTINFORMATON  PHONE: 813-loll 4700 FAX: 813-6ll 4710 MAILING ADDRESS: 6S.Peinsh.Sk*L  E-MAIL: adaal-eg-  CITY: Greenville CITY: Valrico  STATE: SC STATE: FL  ZIP CODE: 29601 ZIP CODE: 335960  ADDRESS TON MAILI RELEASE OF LIENTO: 3620 Erindale Dr. AUTHORIZED: REPRESENTATIVES NAME: Trish Carter WRITTEN ANDI NOTARIZED AUTHORIZATION OWNER: YES NO  CASE INFORMATION  CASE NUMBER(S): CEaI-0143,CE31- 0XCE20-CPTACE2-OH1,CE25034 LIEN ADDRESS (PROPERTY SUBJECT TOTHE LIEN(S): 500 Ond St. Polk Cily,FL 33868 NAME OF CURRENT OWNER OF LIEN ADDRESS: New Rez LLC DBA Shelpoint Murtzsge.ervicing CURRENT OWNER'SI RELATIONSHIP OR AFFILIATION WITH ENTITY/PERSON: NAMED IN LIEN (S): OTHER PROPERTYLOCATED IN POLK CITY WHICH BELONGS TO CURRENT OWNER:  Foreclosing bank  VIOLATION(S). AT LIEN ADDRESS WHENI LIEN(S) WERE PLACED: waker hresh AkndaniC: + trucks WHO1 LIVED ATI LIEN ADDRESS WHEN LIEN(S) WAS/WERE. ASSESSED? Mulliple cecupanis -ownerat Ye, Bety Kight REASONS VIOLATION(S): NOT CORRECTED BEFOREI LIEN(S) PLACED:  Scraping, Parkins restnchons,Liviny in Camp ers,Junkc Deba's, Lhmy h Shod, wed,Sbuds  W known  WHAT IS THE REASON YOU ARE REQUESTING AI REDUCTION ORI RELEASE OF THEI LIEN? rureclosing bank. Violu-hions were made complient winin a4 hous taking  of  Pssiondhn-ppcly  Application for Reduction of Code Compliance Fine(s) and Reiease of Lien(s)  Has the applicant previously applied: for lien release/reduction for this property?  Yes No)  Ifyes, when?  (month & year)  Applicants are required to complete the Finel list below andt to provide copies of any lien they want considered: in this Lien Release/Fine Reduction Application. To obtain information on fines/liens contact Polk Cityat (863) 984-1375 or visit the  Polk City Government Center at 1231 Broadway Boulevard Southeast, Polk City, Florida 33868  Page 11    Applicant is requesting the below leu(s) be: (Check all that applv Released Completely Reduced Other  Released) from thel Property located at 530 dndst. PoIk Ci4EL33868.omb.  Lien(s) to remain in the name oft the owner at time ofl lien.  Applicant's Request  Amount of] Fine 27,009.98  Date/Month Certified 05/07/3034  $ $  Application for Reduction ofCode Compliance Fine(s) and Release ofLien(s) Under penalty ofperjury Florida Statute 837.02 (1), thet undersigned swears or affirms that the information provided on this three (3) page. Application for Reduction of Code Compliance Lien(s) is  true and correct.  ais Applicant's Signature State of Florida Polk City  5.19.3024 Date  Thei foregoing was Sworn to and subscribed before me this 13day ofmay 2024by  Trish Carkr notarization.  He or shei is personally known to me, or provided as identification and did appear before me at the time of  Notary Public:  € NOTARY : PUBLIC TE OFF FL 1 II  Signature: Howty yaund Printed Name: Honesty L.Howard My Commission Expires: 04/99/2008  For Polk City Use only  Application Accepted on:  Total Amount ofLien(s): $  Total Reduction Approved by the Town: $  Other:  Page 12    Gmail  Trish Carter trishcartertherealtorealtor@gmal.com,>  RE: Code Search - 520 2nd St. Polk City, FL 33868  1message  Melanie McVay melanie.mcvay@mypolkcitly.org> To: Trish Carter trishcartertherealtor@gmail.com> ITACCRUED TOATOTALOF-S27/00982  Tue, May 7, 2024 at 9:11 AM  LIEN FORS 5202NDS STREET PARCEL ID#2 252632295500006030 OWNER BETTY KIGHTTHE LIEN ONF FILEOF$2,809.98 BUT  From: Trish Carter trisncartertnerealtorealor@gmai.com> Sent: Friday, May 3, 20241:42PM To: Melanie McVay <melane.mcvay0@ypolkclyorg> Subject: Re: Code! Search- 5202nd St. Polk City, FL33868  Hil Melanie,  We werej just following up with you about getting the updated lien payoff and updated list of violations for 520 2nd Street so  we can start making compliant. Please let us know when you can.  Thank) you, Megan Long for  TRISH CARTER, BROKEROWNER - CARTER COMPANY REALTORS, INC. MAIN OFFICE ADDRESS: 3620 Erindale Dr., Valrico, FL: 33596 (813) 661-4700 office (813)695-2498 cell TishCarterTheRealtor@gmal.com Is sincerely appreciate every opportunity to earn new business. Referrals are welcomed. OFFICES IN: HILLSBOROUGH, MANATEE, POLK & PINELLAS COUNTIES ASK ABOUT OURI NEXT HUD TRAINING CLASS NAID CRTRCM3070 National Equator Advisory Board (204304), RES.NET 72645, VRM3 36252  AGENTS: Looking for professional growth? I'm actively looking to add at few select agents right now.  EDWOSB National Women Business Owners Corporation, WSBWWOSB (15717), NRBA  https-llinktreelrishcartertherealtor    POLK CITY, FLORIDA CODE ENFORCEMENT  Polk City, VS. KIGHT BETTY Respondent(s).  Petitioner,  Case #s CE21-0193, CE21-0062, CE20-0090, CE20-0183, CE23-0136  AFFIDAVIT OF COMPLIANCE  STATE OF FLORIDA POLK COUNTY KIGHT BETTY 520 2nd St POLK CITY FLORIDA PARCLEI ID# 252632295500006030  BEFORE ME, the undersigned authority personally appeared, Melanie McVay, Code Investigator for the Polk City Code Enforcement Division, who after being duly sworn, deposes and states that the PROPERTY LISTED WASFOUND! IN COMPLIANCE AFTERAREINSPECTION ON April 24,2024.  Signature: Sz 2114 FURTHER AFFIANT SAYETH NOT. Hay 0 AAp4et  Dated this April 24, 2024, by Melanie McVay, who is personally known to me.  4/24/2024 Date  Notary Public  TRACYD. APPLETON Notary Publlc State ofFlorida Comm# HH379936 Expires3/28/2027  Polk City Code Enforcement, 123 Broadway Blvd., Polk City Florida, 33868  Phone: (863) 984-1375 Fax: (863)9 984-2334    CE23-0136, CE21-0193 CE21-165 CE21-0062, CE20-0090, CE20-0183, 7.09.001 Home Occupations 7.09.01 General (SCRAPING)  h  Comglis a4  2.02.09 Special Parking Restrictions for Trucks and Recreational Vehicles (RVS)ULDC: 3.03.02( (C) Special Parking Restrictions for Trucks and Recreational Vehicles (RVs) (LIVING IN CAMPERS) 4/24/24 Compli  Sec. 34-102.-D Declaration ofr nuisance; prohibited conditions. 2.05.00 General Regulations for Accessory Uses (LIVING IN THE SHED)  AND  4/24/24  (JUNK DEBRIS) Compku  Complid #/24/24  Sec. 34-82.- Declaration of nuisance; prohibited conditions. (WEEDS,STANDING WATER, TRASH) Sec. 34-103.-Abandonment of vehicles; (BROKEN DOWN, NO TAGS CARS AND TRUCKS  ComphalMe Complit 4424    CODE COMPLIANCE DIVISION  INSTR + 2022179302 RECORDED 06/30/2022 12:02:38 PM STACY M. BUTTERFIELD CLERK OF COURT POLK COUNTY RECORDING FEES $10.00 RECORDED BY berrdavi  SPECIAL MAGISTRATE BK 12320 Ps 507 PG(s)1  POLK CITY  CITY OF POLK CITY, Petitioner, V. KIGHTBETTY  Violation No.CE21-0193 Parcel Number: 252632295500006030 Property Address: 520: 2ND ST, POLK CITY POLK CITY,FL Legal Description: RAILROAD HEIGHTS PB7 PG17BLK6L0TS384  ORDER IMPOSING FINE/ADMINISTRATION LIEN  THIS CAUSE came on to bel heard before the Polk City Special Magistrate at hearing commencing at 4:00 PM. On MAY 25, 2022, after due notice to the parties at which time the Special Magistrate Heard testimony under oath, received evidence, and being otherwise fully advised in thej premises Respondent was required to take certain corrective action bya time certain, as more spccifically set forthi in An Affidavit of Non Compliance has been filed at the Hearing by the Code Officer, which Affidavit certifies under oath that as of MARCH 31ST 2022, the required corrective action has not been taken as Respondent hast not complied with the Findings of Fact, Conclusions ofLaw and Order.  ORDERED as follows:  1. 2. 3.  the Findings ofl Fact, Conclusions ofLaw and Order.  ordered.  4. Itisl hereby Ordered that Respondent pay to the Petitioner POLK CITY, FLORIDA, af finei in the amount of $_2,809.98 which includes administrative costs ofs 9.98 - and for the fine proven! hereinabove. The ongoing fine of $50.00 per day will continue to açcrue until date of compliance. A certified copy of this Order may be recorded and once recorded shall constitute a lien against the above-described property and all other real and personal property owned by the Respondent, pursuant tol Florida Statues, Chapter 162.  DONE AND ORDERED THIS: 25TH DAY OF MAY,2022, atl POLKCIV.TOIECOINTYFLORDA.J3S6  STATEOF FLORIDA COUNTY OF POLK  C  I,the undersigned duly appointed City Clerk of Polk City, Florida, HEREBY CERTIFY that the foregoing isa true and correct copy of Order Imposing Fine/Administrative Lien for Polk City. as shown in the records of the City on file in the office of the  City Clerk.  WITNESS my hand and the seal of Polk City, Florida, this  MAY25TH2 2022  rhelas  CITYMANAGER/CITY, CLERK  R- CITY_OF POLK CITY 123. BROADWAY, BLVD. S.E. POLK CITY, FL 33868    ISTR: # 2023152561 OR BK 12746 PG 1242 06/29/2023 10:38. AM TACY M. BUTTERFIELD Clerk of County Court Polk County Recorded By Court  THE FLORIDA COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, GENERALTURISDICTION DIVISION CASENO.ICADIEPAROO  LED-CIVIL 223J JUN20 CASCN SEEAEINE  IN FLORIDA  LAW PH2:54  NEWREZ LLC D/B/A SHELLPOINT MORTGAGE  SERVICING, Plaintiff, VS.  2,309.15  sjas/s  5,653.96  BETTY KIGHT; LONZIE KIGHT; ROCHE SURETY AND CASUALTY CO, INC.; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO. ARE NOT KNOWN TOI BEI DEADORI ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR  OTHER CLAIMANTS, Defendant(s).  FINALJUDGMENT OF FORECLOSURE  This action was tried before the court at a Non-Jury Trial on June 19, 2023. On the evidence: presented. ITI IS ADJUDGED that Plaintiff's Final Judgment is GRANTED against all defendants listed by name: BETTY KIGHT,LONZIE KIGHT; ROCHE SURETY ANDCASUALTYCO,NC. 1. Amounts Due. Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, whose address is clo NEWREZ LLC D/B/A Shellpoint Mortgage Servicing, 75 Beattie Place, Suite 300,  Greenville, SC 29601, is due:  Principai Escrow Balance Late Charges PMI Insurance Taxes Title Charges Inspections Property Preservation  $124,845.43 $8,314.97 $4,518.03 $65.85 $319.50 $2,159.21 $350.00 $140.00 $150.00  Interest to date ofthisj judgment: June 19, 2023    INSTR :. 2024063685 BK 13046 Ps 257 PG(s)1 RECORDED 03/19/2024 01:16:00 PM STACY M. BUTTERFIELD CLERK OF COURT POLK DEED COUNTY DOC $468.30 RECORDING FEES $0.00 RECORDED BY abigzamb  INTHE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND! FOR POIKCOUNTY,FLOAIDA CASE: NUMBER: 2022CA-001899.000-0  NEWREZI LLCI DBA SHELLPOINTMORIGAGESERVICING  Plaintiff,  VS.  BETTY KIGHT, ET AL Defendant.  CERTIFICATE OF' TITLE  The undersigned Clerk oft the Court certifies that he or she executed andi filed a Certificate of Sale in the action on March 8, 2024, for thej property described herein and that no objections to the sale have been filed within thet time allowed for filing objections.  The following property in Polk County, Florida: LOTS 3 AND 4, BLOCK 6, RAILROAD HEIGHTS, AN ADDITION TO POLK CITY, ACCORDENG TO THE MAP OR PLAT THEREOP, AS RECORDEDI IN PLAT BOOK7,PAGE 17,OF THE PUBLIC RECORDS PrenV Addrens: SMDLOICTAAN  OFF FOLKCOUNTLPLORIDA  was sold to: NEWREZ, LLC, D/B/A SHELLPOINTI MORTGAGE SERVICING  15S. Main Street, Suite 600, Greenville, SC 29601 Witness my hand and the seal oft the court on 19th day ofMarch, 2024.  STACYM. BUTTERFIELD,CPA Clerk ofthe Circuit Court By, Depify la  Property was sold atj judicial sale for $66,900.00  R-Civil Law Department  Ronk13n4AIPane267 CFN#20940A2AR5  Pane 1 nf 1    Polk City  25  123 Broadway Blvd.SE Polk City Florida 33868 Code Enforcement Telephone 863-984-1375 Fax 863-984-2334 www.mypolkcity.rs  Is  FINAL WAVER AND RELEASE OF LIEN UPON PAYMENT OF PROPERTY LIEN  The undersigned Lienor, in consideration of the final payment in the amount of was received on foreclosure for the City Lien number CE21-0193 for property located at 520 2ND STREET Polk City Florida Parcel ID 25263229550006054  $_0  hereby waives and releases its lien and right to claim a lien. Payment  Signature: Printed: Title: City Manager  STATE OF FLORIDA COUNTY OF POLK  The foregoing instrument was sworn to and acknowledged before me this  29th_day of _May 2024 by.  who is personally known to me  or produced  as Identification.  Signature of Notary Public  (Print Notary Name) My Commission Expires:  AFFIX NOTARY STAMP    City Commission Meeting June 18, 2024  AGENDA ITEM #6:  Request for Reduction of Code Enforcement Lien For DKJ Holdings LLC Polk City (Dollar General 125 Carter  Blvd.)  INFORMATION ONLY X ACTION REQUESTED  ISSUE: properly. ATTACHMENTS:  This property was found in violation for overgrowth and not maintaining the stormwater ponds  Application for Lien reduction from $73,500.00 to $7,350.00  -Magistrate Findings of Fact -Affidavit of Compliance ANALYSIS:  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 This causes issues with snakes and rats going into the yards of the people that live in the Honey Bee  violation for the same issues two years prior.  area behind the store. STAFF RECOMMENDATION:  Staff doesn't necessarily have an issue with a reduction in the amount, however, it needs to 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 again.    HEI  PolCity  ECOPY  1231 Broadway Boulevard Southeast, Polk City, Florida 33868 Phone (863)984-1375-1 Fax (863)984-2334  Application for Reduction of Code Compliance Fine(s) and Release ofI Lien(s)  Alli information fields must bec completed beforet this application can bep processed. Requests arer notr reviewed by Polk City orp presented before Special Magistrate  untilt this applicationl has been completed. CONTACTI INFORMATION  APPLICANT'S! NAME: 2K Fpkkogs LLL PolkC MAILING. ADDRESS: 560 ESouth Teiple PLIOI ADDRESS TO: MAILI RELEASE OFI LIENTO: 560 E.SouthTempl AUTHORIZED REPRESENTATIVES: NAME: Laurey DokOS WRITTEN. ANDI NOTARIZED AUTHORIZATION OWNER: (ES) NO  PHONEBDE401E FAX: CITYSalt lobe CHy CIYAHAk.CHy  Mtasdgyagmal (OM ZIP CODE: 84102 ZIP CODE: 84102  STATE: or STATE: ur  CASE INFORMATION  CASE1 NUMBER(S): CE 23-0063  LIEN ADDRESS (PROPERTY SUBIECTTOTHELENS: 125Carler Blvd PolkNy EL NAME OF CURRENT OWNER OF LIEN ADDRESS: DLJ Aplwas ULRok CURRENT OWNER'S RELATIONSHIP OR AFFILIATION WITHI ENTITYPERSONI NAMED INI LIEN(S): Dollar Gcneral IS curvent tenant/ lcaseholder  OTHER PROPEKIYLOCATED  atproperty  IN POLK CITY WHICH BELONGS TO CURRENT OWNER:  N/A  VIOLATION(S). ATI LIEN ADDRESS WHENLIEN(S) WERE PLACED: DAsun tetenhsA pond Nainlndnce WHOLIVED. ATI LIEN ADDRESS WHEN) LIEN(S), WAS/WERE ASSESSED? Dollar General store locahon  Proger-m4inleAaAce at pack of property hreeline avea and duaer  REASONS VIOLATION(S): NOT CORRECTED: FEFORELIENOELACED,ConuSion wcrn veydor as D reguren seryices iperstid (0v4. isnecfor. jlOwyp. Meerng dehtea, addonal 15sues. OMVHIPE vendos, hedledto aparess fCSove (SSueS. pldAcereach KN.1 10,2024 WHAT IS THE REASONYOUARE: ESMALRUSIONG: RELEASE OF workwg 3o aba, (SSUCS. Dollar ELACTLMoyCa SE 4 ork vdchh Inspector. C Compliarce reached  and  Application for Reduction of Code Compliance Fine(s) and Release of] Lien(s)  Hast the applicant previously applied for lien release/reduction for this property?  Yes  Ifyes, when?  (month & year)  Applicants arei required to complete thel Finel list below and toj provide copies of anyl lien they want considered: int this Lien Release/Fine Reduction Application. To obtaini information on fines/liens contact Polk City at (863)984-1375 or visitt the  Polk City Government Center at 1231 Broadway Boulevard Southeast, Polk City, Florida 33868  Page 11 )    Applicant is requesting thel below leu(s) be: (Check all that apph Released Completely Reduced Released from thel Property located at Lien(s) to remain in the name ofthe owner at time of lien. Other.  only.  Applicant's Request  Amount of Fine  Date/Month Certified  57,S00-DAAVESE Ceduchon $ d $1,350.  Application for Reduction of Code Compliance Fine(s) and Release ofLien(s) Under penalty of perjury Florida Statute 837.02(1), the undersigned swears or affirms that the information provided on this three (3) page Application for Reduction of Code Compliance Lien(s) is  true and correct. Mbs  bne 3,2024 Date  Signature State ofFlomtallain PolkCitg SAlELRLR Lavel Dokos Sas 1o notarization.  The foregoing was sworn to and subscribed before me this 3_dayofson: 2024by  He or she is personally known to me, or provided asi identification and did appear before me at the time of  Notary Public: Signature: Printed  CAITLINJ JOHNSON NolaryP Public- StalecfUiah Conission: #7 723055 MyCommisslon! Expires February 14, 2026  -  Drl  Nameailiny dohnSon My Commission Expires: Febrvaryis,lez4  For Polk City Use only  Application Accepted on:  Total Amount ofLien(s): $  Total Reduction Approved by the' Town: $  Other:  Page 12     54.500.06 17,000.00  City of] Polk City, Polk City,FL33868 Phone: 863.984.1375 Fax: 863.984.2334  13500,00 123 Broadway Blvd  COPY  73,560.00  Caset # CE23-0063  APT PL101 SALTI LAKE CITYUT 84102-1178  OWNER: DKJ 5601 E SOUTH TEMPLE Parcel ID: 252632000000023270  DOLLAR GENERAL 125 CARTER BLVD: POLK CITY FL33868  NOT IN SUBDIVISION Supermarket  Polk City Petitioner V. OWNER: DKJ Respondent(s) ORDER OF IMPOSING  POLKLLC, 560 E SOUTH TEMPLE APT PL101/ DOLLAR GENERAL  125 CARTER BLVD POLK CITYI FLO3 33868  FINDINGS OF FACT,CONCLUSIONS OF LAW. AND ORDER  FINES AND LIEN THIS CAUSE came on for public hearing before the  having heard testimony under oath,  Special Magistrate James Pyle after due notice to Respondent(s), of Fact, Conclusions ofI Law and  received evidence and heard argument thereupon, issues this "Findings Order" pursuant to $$162.07(4): and 162.08(5), Florida Statutes:  FINDINGS OF FACT  about JUNE 27, 2023, there existed at on the above-described property, the following  1.1 On or  the Code of Ordinances of Polk City, such conditions constituting a  conditions in violation of nuisance and a threat to the public health, Florida Statutes.  safety, and welfare within the meaning of $162.06(4),  Violations: Sec.34-82. Declaration of nuisance; prohibited conditions. Sec. 34-102 Declaration of nuisance 1. Owner: DKJ POLKLLC.5601 ESOUTH TEMPLE APT PL101 3. The property has been in violation before This put the property as a repeat violator, the property at $500.00 a day for a total of $17,000.00: At the Special Magistrate still in violation at this date. 2023 at 1:30 pm, it was given 30 days to comply, the property is THE LIEN! ISI DONEANDO ORDERED THIS DATE: SEPTEMBER 20,2023  DOLLAR GENERAL 125 CARTER BLVD POLK CITY FL33868.  2. Violation Address:  CE21-0100 WAS THE SAME VIOLATOION.  has been in violation for 34 days  Hearing on July 19,  ATTEST: AS KelyDowning Administrative. Assistant FURTHER AFFIANT SAYETHI NOT. SDAPR  1 James Pylé Special Magistrate September 20. 2023 Date  SHEANDOLENP.DUNN Commiasons0G385407 Expires Novembert 15, 2023 BondedThul TroyFalalngurancas  600-385-7019  Notary Public    POLK CITY CODE ENFORCEMENT 123 BROADWAY BLVD. SE POLK CITY FL. 33868 AFFIDAVIT OF COMPLIANCE  OCOPY  Polk City, VS.  Petitioner,  DKJ POLK LLC  Respondent(s).  Case Number: CE23-0063  POLKCITY STATE OF FLORIDA  VIOLATION ADDRESS: 125 CARTER BLVD, POLKO CITYFL, 33868  Parcel ID#: 25263200000023270  BEFORE ME, the undersigned authority personally appeared, Melanie McVay, Code Investigator for the Polk City Code Enforcement, who after being duly sworn, deposes and states that a re- inspection was performed on January 11, 2024, which revealed the corrective action ordered by  the Special Magistrate had been taken.  m Signature  -ly  FURTHER AFFIANT SAYETH NOT.  Dated this 1/11/2024 by Melanie McVay who is personally known to me.  D Applon  1/11/2024 Date  Notary Public Sau  TRACYD.APPLETON Notary! Public State ofFlorida Commi HH379936 Expires 3/28/2027    City Commission Meeting June 18, 2024  CITY MANAGER ITEM #1:  Matt Williams Water Treatment Plant Emergency Pump  Repair  X_INFORMATION ONLY ACTION REQUESTED  ISSUE:  Emergency Pump Repair at the Matt Williams Water Treatment Plant  ATTACHMENT: Memo from Rick Jiles ANALYSIS:  City Manager Jackson will discuss this emergency expenditure and address any questions or concerns  regarding this pump repair. STAFF RECOMMENDATION:  Approve this emergency expenditure in the amount of $42,142.71    POLK CITY 123 Broadway Blvd SE Polk City, Florida 33868 Telephone 863-984-1375 Fax 863-984-2334  MEMORANDUM  TO: FROM: DATE: RE:  Patricia Jackson, City Manager Rick Jiles, PW/UT Director Radls  June 12, 2024  Matt Williams Water Treatment Plant Emergency Pump Repair  Approximately three (3) weeks ago, City staffheard a noise coming from the Matt Williams Water Plant. This noise was located within the well pump/motor. City staff immediately 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 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 the Coastal and pick up the pump to evaluate and 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. Itis my recommendation that Coastal Pump and Equipment repair the Matt Williams  shut down the plant sO no further damage would occur.  weeks to complete.  running on the Commonwealth and Jacob's Water Plants.  Water Plant pump in the amount of $42,142.71.    Coastal Pump & Equipment, Inc. 3747' WI Lake Hamilton! Dr. Winter Haven, FL 33881 US +17 7275156129 accountingecpequp.net www.cpequip.net  Estimate  ADDRESS City of Polk City 123 Broadway Blvd. SE Polk City, FL 33868  SHIP TO City of Polk City City of Polk City' WWTP 123 Broadway Blvd. SE Polk City, FL 33868  ESTIMATE# 2291  DATE 06/10/2024  SERVICE  DESCRIPTION equipment toi install: - Camera /video record complete well assembly with water levels, casing integrity and video provided to customer after completion. e New K10MC 6 stage pump assemblyt to produce 600 GPM against 266' TDH e Stainless steeli impellers with cast iron! bowl F Reuse Flowise discharge head F Rebuild stuffing box Reinstall refurbished 50 HP electric motor . Pump was set at1 112' and proposing to go backi in with 172' with an estimated 120' pumping level el New 8" exterior column and couplings (60) e Reuse all 112' of exterior column that was pulled e Newi inner column complete. SS shafts, spiders, rubbers and couplings e Head Shaft assembly Set pump Labor to disassemble 50 HPI US vertical hollow shaft motor, clean all parts, replace bearings, dip and bake stator, reassemble, paint and ** Estimated time for completion  QTY RATE 1 38,857.39  AMOUNT 38,857.39  DATE  Service Call- -2M Men Provide materials, labor, and  Motor Repair  1 3,285.32  3,285.32  test.    DATE  SERVICE  DESCRIPTION 3-4 Weeks' **  QTY  RATE  AMOUNT $42,142.71  TOTAL  Accepted By  Accepted Date  opprrvad Oio OL wagreg Aopaic  Llalay  -    City Commission Meeting June 18, 2024  CITY ATTORNEY ITEM #1:  Financial Disclosure Form 6 Preliminary Injunction  X_INFORMATION ONLY ACTION REQUESTED  ISSUE:  Financial Disclosure Form 6 Preliminary Injunction  ATTACHMENTS:  Memo from City Attorney Cloud Memo from Florida Commission on Ethics  ANALYSIS:  City Attorney Cloud will facilitate discussion regarding the preliminary injunction for the Financial  Disclosure Form 6. STAFF RECOMMENDATION: For your information    Memorandum TO: Polk City Commission FROM: Thomas A. Cloud, City Attorney DATE: June 11, 2024  SUBJECT: Preliminary injunction prohibiting enforcement of SB 774 (requiring On June 10, the federal District Court for the Southern District of Florida issued a preliminary injunction in the case of Loper V. Lukis, et al., Case No. 24-20604 (S.D.Fla.). The court's order enjoins the enforcement of SB 774 statewide and directs the state defendants to take no steps to enforce SB 774 unless otherwise ordered. The order further states that it' "binds Defendants and their officers, agents, servants, employees, and attorneys-and others in active concert or participation with them-who receive actual notice of this injunction by personal service otherwise. " As you may recall, SB 774 requires elected municipal officials and candidates seeking to qualify for municipal office to file full financial disclosure At this point it is unclear what steps the state defendants may take with respect to the order. In the meantime, municipal officials and candidates qualifying for municipal office remain subject to the limited financial disclosure requirement The General Counsel's Office of the Florida League of Cities contacted the Florida Commission on Ethics for guidance. The Commission has since provided the attached correspondence to city clerks and is updating its website with new information (check for updates at www.ethics.: state.fl.us). We have been further advised that individual filers with questions about filing should contact the Commission at icosuredepsalerus or (850)488-7864.  Form 6 financial disclosure by municipal elected officials)  (Form 6) with the Florida Commission on Ethics.  (Form 1) and associated deadlines for filing.    Ashley Lukis Chair Michelle. Anchors Vice Chair William P. Cervone Tina Descovich Freddie Figgers Luis M. Fusté Wengay M. Newton, Sr.  Kerrie J. Stillman Executive. Director Steven J.Zuilkowski Deputy Executive. Director/ General Counsel (850) 488-7864 Phone (850) 488-3077 (FAX) www.ethicsstat.l.us  State of Florida COMMISSION ON ETHICS P.O.1 Drawer 15709 Tallahassee, Florida 32317-5709 325. John Knox Road Building E, Suite 200 Tallahassee, Florida 32303 "A Public Office is a Public Trust"  IMPORTANT INFORMATION REGARDING THE FORM REQUIREMENT FOR MAYORS AND CITV/VLAGE/TOWN GOVERNING BOARD MEMBERS On Monday, June 10, 2024, a Federal Court granted an preliminary injunction that changes the form filing requirement from a 2023 Form 6 back to a 2023 Form 1 for Mayors and City/Vilage/Town Governing Board Members. The ruling is  effective immediately.  The Commission is working diligently with its IT team to program the appropriate updates to the Electronic Financial Disclosure Management System (EFDMS) as quickly as possible. We expect a system workaround will be available for on the afternoon of. June 11, 2024, for Mayors and City/Village/Town Governing Board Members to be able select and e-file the Form 1. There will be more information to come on how Mayors and City/Village/Town Commissioners will access the Until the updates are live, any Form 1 disclosures completed by for the offices listed above, will not reflect the correct position for the filer on the form. 1. Mayors and City/Village/Town Governing Board Members who were in office as of December 31, 2023, as well as those appointed or elected to those positions in 2024, and who already e-filed a 2023 Form 6in 2024 are NOT required to also file a 2023 Form 1. The Form 6 already filed in 2024 satisfies the filing requirement this year. Officials can log into EFDMS to confirm whether they already have filed. Officials cannot replace"a  Form 1.  previously-filed Form 6 with a Form 1. June 10, 2024 EFDMS Preliminary Injunction Update 1    2. Mayors and City/illage/Town Governing Board Members who were in office as of December 31, 2023, as well as those elected or appointed to those positions in 2024, must log into EFDMS and file the 2023 Form 1 by July 1, 2024, ifthey have not already filed a 2023 Form 6in 2024. 3. The Commission is working as quickly as possible to reprogram the system to populate the Form 1 onto these filers' Dashboard in EFDMS. Communication regarding system updates will be found on the Commission's website and the EFDMS login page. Until the updates are made to populate the 2023 Form 1 on the Filer Dashboard, the form can be accessed via the "Forms and Filings" link in the Forms tile on the Filer  Dashboard.  4. Communications regarding system updates will be found on the  Commission's website and the EFDMS login page. Officials with a disclosure form due. July 1, 2024 will also receive an email regarding system updates at  their email address on file, as soon as possible.  CANDIDATE QUALIFYING FOR MAYOR or CIY/VILLAGE/TOWN GOVERNING 1. Acandidate qualifying for office who is the incumbent or otherwise currently holds a position requiring the filing of a Form 1 or Form 6 must log into EFDMS via the "lam a Filer" button and electronically file their disclosure form. The law permits the filer to print and take the Verfication/Receipt of Filing to their Qualifying Officer instead of printing the disclosure form for qualifying purposes. These candidates should make sure that the Verfication/Receipt of Filing is for the appropriate disclosure  BOARD MEMBERS  form required for qualification purposes.  2. Non-incumbent candidates who do not otherwise hold a position requiring the filing of a Form 1 or Form 6 must log into EFDMS via the "la am a Candidate" button. These candidates will not file electronically with the Commission (their form status in EFDMS will always reflect "in progress". Importantly, because this category of candidate does not file electronically, they do not have the option to print a Verfication/Recept of Filing. They  June 10, 2024 EFDMS Preliminary Injunction Update 1    must print their completed disclosure and any uploaded attachments to file  with the Qualifying Officer.  June 10, 2024 EFDMS Preliminary Injunction Update 1    City Commission Meeting June 18, 2024  CITY ATTORNEY ITEM #2:  Cardinal Hill WWTF Consent Order  XINFORMATION ONLY ACTION REQUESTED  ISSUE:  Cardinal Hill WWTF Consent Order  ATTACHMENTS: DEP Cover Letter DEP Consent Order ANALYSIS:  City Attorney Cloud will facilitate discussion regarding the DEP Consent Order for Cardinal Hill WWTF  and will advise the City Commission on the next steps to be taken.  STAFF RECOMMENDATION: For your information    Ron! DeSantls Govemor Jeanette Nurez Lt.G Governor Shawn Hamliton Secretary  FLORIDA DEPARTMENT OF Environmental Protection  Southwest District Office 13051 North Telecom Parkway #101 Temple Terrace, Florida 33637-0926  VTAL  May 17,2 2024 Patricia Jackson, City Manager Polk City 123 Broadway Blvd. SE Polk City, FL33868 nchidsmampalctan  Re: Revised Proposed Consent Order OGC File No. 24-1381  Cardinal Hill WWTF Facility IDI No. FLA489093 Polk County Dear! Ms. Jackson:  Enclosed is the revised proposed Consent Order, OGC File No. 24-1381, regarding the above-referenced facility. Please review, sign, and return the Consent Order by June 7, 2024, ifi in agreement. If not in agreement, please contact The Florida Department of Environmental Protection (Department"): immediately. Upon return oft the signed Consent The executed Consent Order constitutes final agency action oft the Department, which shall be enforceable pursuant to Sections 120.69 and 403.121, Florida Statutes. By countersigning the Consent Order, the Department waives its right to seek judicial imposition of damages, costs and expenses, or civil penalties for the alleged violations. By signing the Consent Order, you, as the Respondent, acknowledges and waives its right toa a If the signed Consent Order is not received by the Department by June 7, 2024, the Department will assume that you are not interested in the settlement on the above terms, and the matter may be referred to the Office of General Counsel for formal enforcement action. None of your rights or substantial interests are determined by the Consent Order Should youl have any questions, please contact Hannah Teague, at (813) 470-5727 or via e- mail: limahamsatidabtham: Thank you for your cooperation.  Order, Ishall execute it and a copy will be sent to you.  hearing and appeal of the terms of the Consent Order.  until it is signed and filed with the Department.    DEP v. Polk City Revised Proposed Consent Order OGC Filel No. 24-1381 Page2 Sincerely,  Kllvy 7. btniyle Ms. Kehey M. Boatwright Southwest District Director  Florida Department of Environmental Protection  KMBWht  ec: Lori Pearson, City of Polk City, laianemampakcivens Rick. Jiles, City of] Polk City, Ridlledmyplkives Sheandolen Dunn, City ofl Polk City, amabamamypikras Craig Fuller, Civil Engineering, CFuler@civisurv.com Mark Frederick, Civil Engineering, Mfrdenckactlsur.con Thomas Cloud, Gray-Robinson, admamesna Pamala Vazquez, FDEP-SWD, Pamala.Vazquez@FloridaDEP.gov Shannon Herbon, FDEP-SWD, Shannon. Hetben@rendADEP.soN Gerald Loesch, FDEP-SWD, GamldlasahaleaDirant Emily Larson, FDEP-SWD, EnlMlmmarmaDitset Erica Peck, FDEP-SWD, ErisaPs*aFlpnaDEP.ev Cole Nolan, FDEP-SWD, CalkalmdFenaiDtraet Hannah Teague, FDEP-SWD, limmapsafwnapiPast  Enclosure: Revised Proposed Consent Order  Exhibit. A: Revised In-Kind Language Exhibit B: WI23-157DWS3SWD Response Plan Exhibit C: Interim DMR    BEFORE THESTATE OFI FLORIDA  DEPARTMENT OF ENVIRONMENTALPROTECTION  STATE OF FLORIDA DEPARTMENT OFI ENVIRONMENTALPROTECTION  )  IN THE OFFICEOFTHE SOUTHWEST DISTRICT OGCFILENO.2+1381  V. POLK CITY  CONSENT ORDER  This Consent Order (Order) is entered into between the State of Florida Department of Environmental Protection (Department) and Polk City (Respondent) to reach settlement of  certain matters at issue between the Department and Respondent. The Department finds and Respondent admits the following:  1. The Department: is the administrative agency of the State of Florida having the power and duty toj protect Florida's air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes (F.S.), and the rules promulgated and authorized in Title 62, Florida Administrative Code (F.A.C.). The Department has jurisdiction over the  matters addressed in this Order.  2. 3.  Respondent is a person within the meaning of Section 403.031(5),F.S. Respondent is the owner and is responsible for the operation of the Cardinal Hill  Wastewater Treatment Facility (WWTF), a 0.30 Million Gallon per Day (MGD). Annual Average Daily Flow (AADF), Type II extended aeration domestic wastewater treatment facility with treated effluent disposed of by a 0.07 MGD AADF 9.5 acre spray field, a0.100MGD AADF Part IV rapid-rate land application system consisting of a two-cell Rapid Infiltration Basin (RIB), and a 0.300 MGD AADF Part] IV: rapid-rate land application system consisting ofa two-cell RIB (Facility). The Facility is operated under Wastewater Permit. No. FLA489093 (Permit), which was issued on April 08, 2022, and will expire on April 07, 2027. The Facility is located at Steven Drive, Polk City, in Polk County, Florida 33868 (Property). Respondent owns  the Property on which the Facility is located.    DEP Vs. Polk City Consent Order, OGCI No. 24-1381 Page2  4. The Department finds that thei following violation(s) occurred:  a) On March 01, 2024, the Department conducted a site visit and determined that setback distances from the effluent disposal site, R-003, to potable water supply wells were: not being followed, which is in violation of Rule 62-610.521(2), F.A.C.  b) Failure to meet permit limits for effluent quality:  Areview of the May 2022 through January 2024 Discharge Monitoring Reports (DMRs) indicated the limits for Total Suspended Solids (TSS) were exceeded, as shown in' Table 1,1 below. This is in violation of Rules 62-610.410(1) and 62-610.510(1), F.A.C.  Table 1: Effluent Quality DMR Exceedances Monitoring! Location Description Result Limit  Monitoring Group Date R-001 R-001 R-002 R-002 R-003 R-003 R-001 R-002 R-003 R-001 R-002 R-003 R-001  Units Statistical Base 60 mg/L MB- Maximum 30 mg/L 60 mg/L 30 mg/L 30 mg/L 601 mg/L  09/30/2023 EFA-01 09/30/2023 EFA-01 09/30/2023 EFA-01 09/30/2023 EFA-01 09/30/2023 EFA-01 09/30/2023 EFA-01 05/31/2023 EFA-01 05/31/2023 EFA-01 05/31/2023 EFA-01 04/30/2023 EFA-01 04/30/2023 EFA-01 04/30/2023 EFA-01 03/31/2023 EFA-01  Solids, Total. Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Total Solids, Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended  71 38.95 71 38.95 38.95 71 21.42 21.42 21.42 23.97 23.97 23.97 22.09  MK- Monthly Average MB- Maximum MK- Monthly Average MK-Monthly Average MB Maximum  20 mg/L AB- Annual Average  20 mg/L 20 mg/L  AB Annual Average AB- Annual Average  20 mg/L AB- Annual Average 201 mg/L AB- Annual Average 20 mg/L AB- Annual Average  20 mg/L  AB- Annual Average    DEP VS. Polk City Consent Order, OGCI No. 24-1381 Page3 R-002 R-003 R-001 R-002 R-003 R-001 R-002 R-003 R-001 R-002 R-003 R-001 R-002 R-003 R-001 R-002 R-003 R-001 R-002 R-001  03/31/2023 EFA-01 03/31/2023 EFA-01 02/28/2023 EFA-01 02/28/2023 EFA-01 02/28/2023 EFA-01 12/31/2022 EFA-01 12/31/2022 EFA-01 12/31/2022 EFA-01 11/30/2022 EFA-01 11/30/2022 EFA-01 11/30/2022 EFA-01 10/31/2022 EFA-01 10/31/2022 EFA-01 10/31/2022 EFA-01 09/30/2022, EFA-01 09/30/2022 EFA-01 09/30/2022 EFA-01 08/31/2022 EFA-01 08/31/2022 EFA-01 07/31/2022 EFA-01  Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended  22.09 22,09 22.83 22.83 22.83 27.57 27.57 27.57 27 27 27 28 28 28 28.48 28.48 28.48 28.85 28.85 27.74  20 mg/L AB- Annual Average 20_mg/L AB- Annual Average 20mg/L AB- Annual Average  20mg/L  AB-A Annual Average  20 mg/L AB-Annual Average 20 mg/L AB- Annual Average 20 mg/L AB- Annual Average  20mg/L  AB- Annual Average  20/mg/L AB- Annual Average 20 mg/L AB- Annual Average 20, mg/L AB- Annual Average  20 mg/L 20 mg/L 20 mg/L 20 mg/L 201 mg/L  AB-Annual Average AB- Annual Average AB Annual Average AB- Annual Average AB- Annual Average  20 mg/L AB- Annual Average  20 mg/L 20 mg/L  AB- Annual Average AB-A Annual Average  20mg/L AB- Annual Average    DEP VS. Polk City Consent Order, OGCNo. 24-1381 Page 4 R-001 R-001 R-002 R-002 R-002 R-003 R-003 R-003 R-001 R-002 R-003  07/31/2022 EFA-01 07/31/2022 EFA-01 07/31/2022 EFA-01 07/31/2022 EFA-01 07/31/2022 EFA-01 07/31/2022 EFA-01 07/31/2022 EFA-01 07/31/2022 EFA-01 06/30/2022 EFA-01 06/30/2022 EFA-01 06/30/2022 EFA-01  Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended Solids, Total Suspended  160 89 27.74 160 89 27.74 89 160 22 22 22  601 mg/L 30 mg/L 20 mg/L 60mg/L  MB Maximum MK- Monthly Average AB- Annual Average MB- Maximum Average AB-A Annual Average MK- Monthly Average MB Maximum  30 mg/L MK- Monthly 20 mg/L 30mg/L 60 mg/L  20. mg/L AB- Annual Average 20 mg/L AB-A Annual Average  20mg/L  AB- Annual Average  c)  Failure to: meet permit limits for groundwater quality:  A1 review of the March 2020 through December 2023 Part D DMRS indicated the limits for the following parameters were exceeded as shown in' Table 2, below. Thisi isi in violation Rule 62-620.300(5), F.A.C. and Permit Condition III.B.6.  Table 2: Groundwater Quality DMR Exceedances  Monitoring Group Date MWC-02 MWC-02 MWC-03SR MWC-03SR  Monitoring Location  Description Solids, Total Dissolved (TDS) Chloride (as CI) Solids, Total Dissolved (TDS) Chloride (as Cl)  Result Limit 7530 2471 730 285  Units 500 mg/L 250 mg/L 500 mg/L 250 mg/L  Statistical Base MB-Maximum MB- Maximum MB- Maximum MB- Maximum  12/31/2023 MWC-02 12/31/2023 MWC-02 12/31/2023 MWC-03SR 12/31/2023 MWC-03SR    DEP VS. Polk City Consent Order, OGCNo. 24-1381 Page5 MWC-05 MWC-05 MWC-02SR MWC-02SR MWC-03SR MWC-04SR MWC-04SR MWC-03SR MWC-04SR MWC-03 MWC-03SR MWC-03 MWC-01SR MWC-02SR MWC-035R MWC-03SR MWC-04SR MWC-04SR MWC-045R MWC-05 MWC-05 MWC-025R MWC-03 MWC-03SR  12/31/2023 MWC-05 12/31/2023 MWC-05 09/30/2023 09/30/2023 MWC-02SR 09/30/2023 MWC-03SR 09/30/2023 MWC-04SR 09/30/2023 MWC-04SR 06/30/2023 MWC-03SR 06/30/2023 03/31/2023 MWC-03 03/31/2023 MWC-03SR 12/31/2022 MWC-03 09/30/2022 MWC-01SR 09/30/2022 MWC-02SR 09/30/2022 MWC-03SR 09/30/2022 09/30/2022 MWC-04SR 09/30/2022 09/30/2022 MWC-04SR 09/30/2022 09/30/2022 06/30/2022 06/30/2022 MWC-03 06/30/2022  Solids, Total Dissolved (TDS) Chloride (as CI) Nitrate, Nitrogen, Total (asN) Coliform, Fecal Coliform, Fecal Nitrogen, Nitrate, Total (as N) Coliform, Fecal Nitrogen, Nitrate, Total( (as N) Nitrate, Nitrogen, Total (as N) Nitrogen, Nitrate, Total (asN) Nitrogen, Nitrate, Total (as N) Cadmium, Total Recoverable Coliform, Fecal Coliform, Fecal Nitrogen, Nitrate, Total (as N) Coliform, Fecal Nitrogen, Nitrate, Total (asN) Lead, Total Recoverable Coliform, Fecal Nitrate, Nitrogen, Total (as N) Coliform, Fecal Coliform, Fecal Cadmium, Total Recoverable Coliform, Fecal  1840 753 12.3 23 9 10.8 68 13.6 17.1 10.5 13.4 11.7 8 200 14.2 42 16.9 23.7 200 14.3 29 200 8.3 200  500 mg/L 250 mg/L 10 mg/L  MB- Maximum MB- Maximum MB- Maximum  MWC-02SR  #/100mL MB- Maximum 4 #/100mL MB- Maximum 10 mg/L 4#/100ml MB- -Maximum 10 mg/L 10 mg/L 10 mg/L 10 mg/L 5jug/L  MB- -Maximum MB- -Maximum MB Maximum MB-Maximum MB-Maximum MB- Maximum  MWC-04SR  4 #/100mL MB-Maximum 4 #/100mL MB-Maximum 10 mg/L 4 #/100mL MB- Maximum 101 mg/L 15 ug/L 4 #/100mL MB-Maximum 10 mg/L 41 #/100mL MB- Maximum #/100mL MB- Maximum 4 #/100mL MB- Maximum  MB-Maximum MB- -Maximum MB- Maximum MB- Maximum  MWC-03SR MWC-04SR MWC-05 MWC-05 MWC-02SR MWC-03SR  5 ug/L  MB-Maximum    DEP Vs. Polk City Consent Order, OGCNo. 24-1381 Page6 MWC-04SR MWC-01SR MWC-01SR MWC-02SR MWC-04SR MWC-04SR MWC-04SR MWC-05 MWC-05 MWC-06 MWC-02SR MWC-04SR MWC-01SR MWC-02SR MWC-03 MWC-03SR MWC-03SR MWC-03SR MWC-04SR MWC-04SR MWC-05 MWC-06 MWC-01 MWC-01 MWC-02 MWC-03  200 15.6 6 361 14.9; 15.7 200 200 5.8 6.5-8.5 5.6 6.5-8.5 5.7 6.5-8.5 s.u. 13.9 6.1/6.5-8.5 s.u. 5.9 6.5-8.5 5.7:6.5-8.5 28.2 13 5.9 6.5-8.5 s.u. 6 61 6.5-8.5 13 6.1 6.5-8.5 9.7 16 8.1 8.9  MB- Maximum MB-Maximum  06/30/2022 MWC-04SR 03/31/2022 MWC-01SR 03/31/2022 03/31/2022 MWC-02SR 03/31/2022 MWC-04SR 03/31/2022 03/31/2022 03/31/2022 03/31/2022 MWC-05 03/31/2022 12/31/2021 MWC-02SR 12/31/2021 MWC-04SR 09/30/2021 MWC-01SR 09/30/2021 09/30/2021 MWC-03 09/30/2021 09/30/2021 MWC-03SR 09/30/2021 MWC-03SR 09/30/2021 MWC-04SR 09/30/2021 MWC-04SR 09/30/2021 MWC-05 09/30/2021 06/30/2021 MWC-01 06/30/2021 MWC-01 06/30/2021 06/30/2021 MWC-03  Coliform, Fecal Nitrogen, Nitrate, Total( (as N) Coliform, Fecal Coliform, Fecal Nitrogen, Nitrate, Total( (asN) Total Lead, Recoverable Fecal Coliform, Coliform, Fecal pH pH. pH. Nitrogen, Nitrate, Total (as N) pH pH pH Total Lead, Recoverable Coliform, Fecal pH Coliform, Fecal pH Coliform, Fecal pH Cadmium, Total Recoverable Lead, Total Recoverable Total Cadmium, Recoverable Cadmium, Total Recoverable  4#/100mL 10 mg/L  MWC-01SR  #/100mL MB-Maximum #/100mL MB- Maximum  10 mg/L 15 ug/L  MB- Maximum MB Maximum  MWC-04SR MWC-04SR MWC-05 MWC-06  4 #/100mL MB- Maximum #/100mL MB- Maximum s.u. 5.u. 10_mg/L  RG-RANGE RG-RANGE RG-RANGE MB-Maximum RG-RANGE RG-RANGE RG-RANGE MB- Maximum 4#/100mL MB Maximum RG-RANGE #/100mL MB- Maximum 5.u. RG-RANGE 4 #/100mL MB- Maximum s.u. RG-RANGE 5 ug/L MB-Maximum 15 ug/L MB- Maximum 51 ug/L MB- Maximum 5ug/L MB- Maximum  MWC-02SR MWC-03SR  s.u. 5.u. 15ug/L  MWC-06  MWC-02    DEP Vs. Polk City Consent Order, OGCI No. 24-1381 Page7 MWC-03 MWC-04SR MWC-04SR MWC-06 MWC-10 MWC-03SR MWC-01 MWC-03SR MWC-07 MWC-10 MWC-03 MWC-04 MWC-04 MWC-03SR MWC-08 MWC-08  MWC-03 06/30/2021 06/30/2021 MWC-04SR 06/30/2021 MWC-04SR 06/30/2021 MWC-06 06/30/2021 MWC-10 03/31/2021 MWC-03SR 12/31/2020 MWC-01 12/31/2020 MWC-03SR 12/31/2020 MWC-07 12/31/2020 MWC-10 09/30/2020 MWC-03 09/30/2020 09/30/2020 06/30/2020 MWC-03SR 03/31/2020 MWC-08 03/31/2020 MWC-08  Fecal Coliform, Nitrogen, Nitrate, Total (asN) Total Cadmium, Recoverable Cadmium, Total Recoverable Cadmium, Total Recoverable Nitrogen, Nitrate, Total (as N) Nitrogen, Nitrate, Total (as N) Nitrogen, Nitrate, Total (as N) Coliform, Fecal Coliform, Fecal Total Cadmium, Recoverable Total Lead, Recoverable Coliform, Fecal Nitrogen, Nitrate, Total (as N) Nitrogen, Nitrate, Total (as! N) Total Dissolved Solids, (TDS)  24 12.1: 5.2! 7.3 7.7 17.9 17 15.3 10 79 6.9 26.9 15 18.9 39.9 520;  4#/100mL MB-Maximum 10 mg/L 5 ug/L 5u ug/L 5ug/L 10; mg/L 10n mg/L 10img/L  MB- Maximum MB- -Maximum MB Maximum MB- Maximum MB Maximum MB-Maximum MB-Maximum  4 #/100mL MB-Maximum 4 #/100mL MB-Maximum 5 ug/L 15ug/L 4 #/100mL MB- Maximum 10 mg/L 10 mg/L 5001 mg/L  MB- Maximum MB- Maximum MB- Maximum MB- Maximum MB- Maximum  MWC-04 MWC-04  Having reached a resolution of the matter Respondent and the Department mutually  agree and it is, ORDERED: 5.  Respondent shall perform the following actions within the stated time periods:    DEP VS. Polk City Consent Order, OGCN0.24-1381 Page8 8  a.) From the effective date of this Orderand as agreed on March 19, 2024, no effluent shall be discharged to the disposal site R-003, until all groundwater quality concerns are resolved, and permit limitations are met for four consecutive quarters. b.) Within 60 days of the effective date of this Order, Respondent shall submit an updated well inventory of all potable wells within 500: feet of the edges of the wetted areas of the RIB located atl R-003 to confirm which aquifer the wells were completed in  (surficial aquifer VS. Upper Floridan aquifer).  c.) Within 210 days of the effective date of this Order, Respondent shall submit to the Department a groundwater analysis and evaluation, pursuant to Rule 62.520.600, F.A.C., signed and sealed by a professional engineer or professional geologist registered in the state of] Florida who prepared or approved it, to discover the cause or causes of the violations identified in paragraph 4 (c) above. The plan shall  include:  i)  Current and pre-development (prior to the RIBs being loaded) groundwater elevations (to the nearest 0.01 foot) from the facility's  monitoring well network, hydraulic gradients at the site, performing slug tests if needed),  ii) Groundwater elevation contour maps showing flow directions and iii) Determination of hydraulic conductivity of the aquifer (including iv) Determination of ground water flow rates and associated  calculations,  v) Minimum distance of travel and the projected fate and transport of  parameters detected in the compliance wells.  6. time periods:  Respondent shall comply with the following corrective actions within the stated    DEP vs. Polk City Consent Order, OGCNo. 24-1381 Page9  a) Immediately and henceforth, the Respondent shall implement Exhibit B: #WI23-157DWSSAD Response Plan submitted to the Department in response to b) Within 30 days of the effective date of this Order, Respondent shall submit to the Department a defined Standard Operating Procedure (SOP) for sampling c) Respondent shall complete all actions and work relating to the bar screen project described in Exhibit B: no later than November 30, 2024.  violations noted within subsections b and C under paragraph 5 4.  monitoring wells as stated in Exhibit B.  7. Respondent shall comply with the following corrective actions within the stated  time periods:  a) By December 31, 2029, and thereafter, Respondent shall operate in compliance with the Permit limits for' Total Suspended Solids. Respondent shall take whatever corrective actions are necessary to meet the limit for Total Suspended Solids in the Facility's effluent. However, if a permit revision or additional Department permit isr required for the corrective actions, Respondent must obtain the permit revision or Department permit prior to placing the modifications into operation. Respondent must govern its actions through submittal of appropriate information, applications, pertinent data, and responses to Department requests for additional information to comply with the Permit limit for Total Suspended Solids by December 31, 2029, and thereafter. b) By December 31, 2029, and thereafter, Respondent shall operatein compliance with the Permit limits for Total Nitrogen, Nitrate. Respondent shall take whatever corrective actions are: necessary to meet the limit for Total Nitrogen, Nitrate in the Facility's groundwater quality. However, if a permit revision or additional Department permit is required for the corrective actions, Respondent must obtain the permit revision or Department permit prior to placing the modifications into operation. Respondent must govern its actions through submittal of appropriate information, applications, pertinent data, and responses tol Department requests for additional    DEP VS. Polk City Consent Order, OGCNo. 24-1381 Page10  information to comply with the Permit limit for Total Nitrogen, Nitrate by December 31,  2029, and thereafter.  c) By December 31, 2029, and thereafter, Respondent shall operate in compliance with the Permit limits for Fecal Coliform. Respondent shall take whatever corrective actions are: necessary to meet the limit for Fecal Coliform in the Facility's groundwater quality. However, if a permit revision or additional Department permit is required for the corrective actions, Respondent must obtain the permit revision or Department permit prior to placing the modifications into operation. Respondent must govern its actions through submittal of appropriate information, applications, pertinent data, and responses to Department requests for additional information to comply with the Permit limit for Fecal Coliform by December 31, 2029, and thereafter.  8.  Upon the first day of the month following the effective date of this Order and  remaining in effect through December 31, 2029, the Facility's effluent and groundwater quality shall meet the following interim limits as set forth in' Tables 3 and 4, below. A copy of the DMR tol be used for reporting the interim limit values is incorporated herein and attached as Exhibit C:I Interim DMR. These interim limits do not act as a State of Florida Department of Environmental Protection wastewater permit effluent limitation or modified permit limitation, nor does it authorize or otherwise justify violation of the Florida Air and Water Pollution Control Act, PartI, Chapter 403, Florida Statutes, during the pendency of this Order.  Table 3: Interim Effluent Discharge Monitoring and Reporting Requirements  Parameter Code P00530 P00530 P00530  Description  Limit  Unit mg/L mg/L mg/L  Statistical Base AB- Annual Average MK- Monthly Average MB- Maximum  Solids, Total Suspended 28.85 Solids, Total Suspended 89 Solids, Total Suspended 160    DEP VS. Polk City Consent Order, OGCNo. 24-1381 Page 11  Table 4:1 Interim Groundwater Discharge Monitoring and Reporting Requirements  Parameter Code P00620 P74055  Description  Limit  Unit mg/L  Statistical Base MB- Maximum  Nitrogen, Nitrate, Total Report  (asN) Coliform, Fecal  Report  #/100mL MB- Maximum  9.  After Respondents have addressed groundwater concerns by timely, correctly,  and completely performing the corrective actions required by paragraphs 5 through 8 above, Respondent shall clearly define the edge of the wetted areas within each basin where effluent can be discharged to ensure the setback from potable water supply wells is adhered to. Prior to discharging effluent to R-003, revised drawings showing the newly established demarcations shall be submitted to the Department for review and approval. Respondents agree to never discharge into disposal site R-003 in a manner that does not meet the setback required by Rule  62-610.521(2),: F.A.C.  10. Every calendar quarter after the effective date of this Order and continuing until all corrective actions have been completed, Respondent shall submit to the Department: a written report containing information about the status and progress of projects being completed under this Order, information about compliance or noncompliance with the applicable requirements of this Order, including construction requirements and effluent limitations, and any reasons for noncompliance. These reports shall also include aj projection of the work Respondent will perform pursuant to this Order during the 12-month period which will follow the report. Respondent shall submit the reports to the Department within 30  days of the end of each quarter.  11. Notwithstanding the time periods described in the paragraphs above, Respondent shall complete all corrective actions required by paragraphs 5-1 10 by December 31, 2029, and bei in full compliance with the Permit and Rules 62-520, 62-610, and 62-620, F.A.C., regardless of any intervening events or alternative time frames imposed in this Order.    DEP Vs. Polk City Consent Order, OGCI No. 24-1381 Page1 12  12. Within 30 days of the effective date of this Order, Respondent shall pay the Department $17,500.00: in settlement of the regulatory matters addressed in this Order. This amount includes $17,000.00 for civil penalties and $500.00: for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Order. The civil penalty in this case includes 3 violations that each warrant aj penalty of  $3,000.00 or more.  13. Respondent agrees to pay the Department stipulated penalties in the amount of $1,000.00 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraph(s) 5 through 11 of this Order. Additionally, Respondent shall pay the Department stipulated penalties for any discharges of wastewater from the WWTFand/or  olection/transmission system. Respondent shall pay penalties as follows:  Amountp/davp/li.haise  Discharge Volume up to 5,000 gallons 5,001 to 10,000 gallons 10,001 to 25,000 gallons 25,001 to 100,000 gallons in excess of 100,000 gallons  $1,000.00 $2,000.00 $5,000.00 $10,000 $15,000  The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department's issuance of written demand for payment and shall do sO as further described in paragraphs 15 and 16, below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall  bei in addition to the civil penalties agreed to in paragraph 12 of this Order.  14. Inl lieu of making cash payment of $17,000.00 in penalties as set forth in paragraph 12 above, thel Department, at its discretion, may allow Respondent to off-set this amount by implementing an in-kind project, which must be approved by the Department. An in-kind project must be either an environmental enhancement, environmental restoration, ora capital/facility yimprovement project and may not be a corrective action requirement of the    DEP VS. Polk City Consent Order, OGCNo. 24-1381 Page 13  Order or otherwise required by law. The Department may also consider the donation of environmentally sensitivel land as an in-kind project. The value of thein-kind penalty project shall be one and a half times the portion of thes stipulated penalty amount for which the approved project offsets which, in this case, is $25,500.00. If Respondent chooses toi implement ani in-kind project, Respondent shall notify the Department of its election either electronically or by certified mail within 15 days of the effective date of this Consent Order. Notwithstanding the election toi implement an in-kind project, payment of the remaining $500.00 in costs must be paid within 30 days of the effective date of the Consent Order. If Respondent elects toi implement an in-kind project, then Respondent shall comply with all the  requirements and time frames inl Exhibit A: entitled "In-Kind Projects".  15. Respondent shall make all payments required by this Order by cashier's check, money order or on-line payment. Cashier's check or money order shall be made payable to the Department of Environmental Protection" and shall include both the OGCnumber assigned to this Order and the notation "Water Quality Assurance Trust Fund." Online payments by e-check can be made by going to the DEP Business Portal at: /blioimeha. Itwill take a number of days after this order is final, effective and filed with the Clerk of the Department before ability to make online  payment is available.  16. Except as otherwise provided, all submittals and payments required by this Order shall be sent to Hannah Teague, Environmental Specialist II, Department of Environmental Protection, Southwest District Office located at 13051 N. Telecom Parkway,  Suite 101, Temple' Terrace, FL 33637.  17. Respondent shall allow all authorized representatives of the Department access to the Facility and the Property at reasonable times for thej purpose of determining compliance with the terms of this Order and the rules and statutes administered by the Department. 18. The Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right to seekj judicial imposition of damages or civil penalties for the violations    DEP vs. Polk City Consent Order, OGCI No. 24-1381 Page 14  described above up to the date of the filing of this Order. This waiver is conditioned upon  Respondent's complete compliance with all of the terms of this Order.  19. This Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Order is not a settlement of any criminal liabilities which may arise under Florida law, nori is it a settlement of any violation which: may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or  local laws, rules, or ordinances.  20. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department that are  not specifically resolved by this Order.  21. Respondent is fully aware that a violation of the terms of this Order may subject Respondent toj judicial imposition of damages, civil penalties up to $15,000.00 per day per  violation, and criminal penalties.  22. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68,  F.S.  23. Electronic signatures or other versions of the parties' signatures, such as -pdf or facsimile, shall be valid and have the same: force and effect as originals. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent  and the Department, and filed with the clerk of the Department.  24. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the  terms of this Order constitutes a violation of section 403.161(1)(b), F.S.  25. This Consent Order is a final order of the Department pursuant to section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S.    DEP VS. Polk City Consent Order, OGCI No. 24-1381 Page 15  Upon the timely filing of a petition, this Consent Order will not be effective until further order  of the Department.  26. Respondent shall publish the following notice in a newspaper of daily circulation in) Polk County, Florida. The: notice shall be published one time only within 15 days of the effective date of the Order. Respondent shall provide a certified copy of the published notice  to the Department within 10 days of publication.  STATEOF) FLORIDA DEPARTMENTOF) ENVIRONMENTALI PROTECTION The Department of Environmental Protection (Department) gives notice of agency action of entering into a Consent Order with Polk City pursuant to section 120.57(4), Florida Statutes. The Consent Order addresses the setback distances from R-003 to potable supply water wells, and effluent and groundwater quality exceedances at Steven Drive, Polk City, in Polk County, Florida 33868. The Consent Order is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Southwest District Office located at 13051 N.  NOTICE OF CONSENT ORDER  Telecom Parkway, Suite 101, Temple Terrace, FL 33637.  Persons who are: not parties to this Consent Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Consent Order means that the Department": s final action may be different from the position it has taken ini the Consent Order. The petition for administrative hearing must contain all of the following information: a) Thename and address of each agency affected and each agency'sf file ori identification b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the: name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial  number, if known;  interests will be affected by the agency determination;    DEP Vs. Polk City Consent Order, OGCNo. 24-1381 Pagel 16  c) As statement of when and how the petitioner received notice of the agency decision; d) Astatement of all disputed issues of material fact. If there are none, the petition must e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal orr modification of thea agency'sproposed. action; As statement of the specific rules or statutes the petitioner contends require reversal orI modification of the agency'sproposed action, including an explanation ofhow the 8) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 or received via notice. A copy of the petition must also be mailed at the time of filing toi the District Office at Southwest District Office located at 13051 N. Telecom Parkway, Suite 101, Temple Terrace, FL 33637. Failure toi file aj petition within the 21-day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569. and 120.57, Florida Statutes. Before the deadline for filing aj petition, a whose substantial interests are affected by this Consent Order may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such person's right to request an administrative hearing if mediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and Rule 62-110.106(12), Florida Administrative Code.  so indicate;  alleged facts relate to the specific rules or statutes; and  Clerk@loridadep.gov, within 21 days of receipt of this  electronic correspondence at Agency  person  27. Rules referenced in this Order are available at htsuhasden.stadualaBalaniclaihtm    DEP vs.1 Polk City Consent Order, OGCNo. 24-1381 Page 17  FOR THE RESPONDENT:  DATE  Patricia Jackson, City Manager  DONE. AND ORDERED this - day of  2024, inl Hillsborough, Florida.  STATE OF FLORIDA DEPARTMENT OFE PVTONMAENTALPROIECTON  Ms. Kelley M. Boatwright District Director Southwest District  Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk,  receipt of which is hereby acknowledged.  Clerk  DATE  Copies furnished to: Lea Crandall, Agency Clerk Mail Station 35    DEP V. Polk City OGC File) No. 24-1381  Exhibit. A In-Kind Projects  I.  Introduction An in-kind project a.  Within 60 days oft the effective date oft this Consent Order, Respondent shall  submit, either electronically or by certified mail, a detailed in-kind project proposal to the Department for evaluation. The proposal shall include a summary of benefits, proposed schedule for implementation and documentation of the estimated costs which are expected to be incurred to complete the project. These costs shall noti include those incurred in developing the  proposal or obtaining approval from the Department for the in-kind project.  b. Ift the Department requests additional information or clarification due toa partially incomplete in-kind project proposal or requests modifications due to deficiencies with Department guidelines, Respondent shall submit, either electronically or by certified mail, all requested additional information, clarification, and modifications within 15 days of receipts of  written notice. C.  Ifupon review oft the in-kind project proposal, the Department determines that the  project cannot be accepted due to a substantially incomplete proposal or due to substantial deficiencies with minimum Department guidelines; Respondent shall be notified, in writing, of the reason(s) which prevent the acceptance of the proposal. Respondent shall correct and redress all oft the matters at issue and submit, either electronically or by certified mail, a new proposal within 30 days of receipt of written notice. In the event that the revised proposal is not    DEP v. Polk City OGCI Filel No. 24-1381  approved by the Department, Respondent shall make cash payment oft the civil penalties as set forth inj paragraph 14 of the Consent Order within 30 days ofl Department notice.  d. Within 120 days of the effective date of this Consent Order, Respondent shall obtain approval for an in-kind project from thel Department. Ifan in-kind project proposal is not approved by the Department within 120 days oft the effective date oft this Consent Order, then Respondent shall make cash payment of the civil penalties as set forthi inj paragraph 14 ini the  Consent Order, within 30 days of] Department notice.  e.  Within 180 days of obtaining Department approval for thei in-kind proposal or in  accordance with the approved schedule submitted pursuant to paragraph (a) above, Respondent  shall complete the entire in-kind project.  f.  During the implementation oft the in-kind project, Respondent shall place  appropriate sign(s) at the project site indicating that Respondent's involvement with the project is the result ofa Department enforcement action. Respondent may remove the sign(s) after the project has been completed. However, after the project has been completed Respondent shall not post any sign(s) at the site indicating that the reason for the project was anything other than a  Department enforcement action.  g.  In the event, Respondent fails to timely submit any requested information to the  Department, fails to complete implementation of thei in-kind project or otherwise fails to comply with any provision of this paragraph, the in-kind penalty project option shall bei forfeited and the entire amount of civil penalties shall be due from the Respondent to the Department within 30 days of Department notice. Ifthe in-kind penalty project is terminated and Respondent timely remits the penalty, no additional penalties shall be assessed under paragraph 14 in the Consent  Order for failure to complete the requirement oft this paragraph.    DEP v. Polk City OGCI File! No. 24-1381  h. Within 15 days of completing the in-kind project, Respondent shall notify the Department, either electronically or by certified mail, oft thej project completion and request a verification letter from the Department. Respondent shall submit supporting information verifying that the project was completed in accordance with the approved proposal and documentation showing the actual costs incurred to complete the project. These costs shall not include those incurred in developing the proposal or obtaining approval from the Department for  the project. i.  Ifu upon review oft the notification of completion, the Department determines that  the project cannot be accepted due to a substantially incomplete notification of completion or due tos substantial deviations from the approved in-kind project; Respondent shall be notified, in writing, of the reason(s) which prevent the acceptance oft the project. Respondent shall correct and redress all of the matters at issue and submit, either electronically or by certified mail, a new notification of completion within 15 days of receipt of the Department's notice. Ifupon review oft the new submittal, thel Department determines that the in-kind project is still incomplete or not in accordance with the approved proposal, the in-kind penalty project option shall be forfeited and the entire amount of civil penalty shall be due from the Respondent to the Department within 30 days of Department notice. Ifthei in-kind penalty project is terminated and Respondent timely remits the penalty, no additional penalties shall be assessed for failure to complete the  requirements of this paragraph.