Polk County staff proposed new rules on home auto repair. But the idea was pulled. For now

A Facebook post has sparked a spat over car repairs by shade tree mechanics within residential neighborhoods of Polk County.

Planning Commission member Mike Schmidt posted a county staff report two weeks ago on his Facebook page and urged residents to show up to the board's May 1 meeting because new and “controversial” regulations have been proposed.

He had also posted his opposition and encouraged residents to express their views on a Water Star ordinance designed to promote water conservation through more efficient landscape and irrigation systems. Both ordinances were pulled from the Planning Commission agenda.

Still, the post by Schmidt ruffled the feathers of County Commissioner George Lindsey, who had a printout of the post in his hand at the commission's agenda review on May 4 and decried the content as a violation of the responsibilities of a member of a quasi-judicial board such as the Planning Commission.

The ordinance to be reviewed by the Planning Commission was legislative, not a quasi-judicial matter, County Attorney Randy Mink clarified at the agenda review.

Still, Lindsey said publicly showing opposition to the car-repair regulations was only part of the issue, after a consensus of the commissioners were against changes to car-repair regulations.

“How does this person have the audacity to preempt the established process,” Lindsey said, holding up the Facebook post, adding that Schmidt showed a "lack of objectivity" before he had heard the case.

At Tuesday’s County Commission meeting, Lindsey made a motion to remove Schmidt from the board. But the motion died because none of his colleagues would second the motion for debate and a vote.

'Wow, I've done my own home mechanic work'

One of the proposed restrictions on car repairs would allow only two cars at a time to be fixed in a homeowner’s yard or driveway, and those vehicles must be registered to the homeowner.

When reached by phone on Friday, Schmidt, 71, of Lakeland was eager to defend his actions.

“I simply published several snapshots of it (the car repair staff report) on my Facebook page,” he said.

“And as I was reading through it, I thought, 'Wow I’ve done my own home mechanic work myself,'” Schmidt said. “My daughter brought her car over with an alternator that was failing, and we fixed it out on the driveway.

“In many instances, I would not have been able to do that,” he said of the proposed restrictions. “If you don’t own the vehicle, if you don’t own the property, for instance. I don’t think renters would be able to do any of their own mechanical maintenance on site.”

Schmidt said he had several questions to ask the staff at Tuesday’s Planning Commission meeting but no one from the county presented the proposed change.

Schmidt’s daughter, Jennifer Price, is running against former Planning Commission member Becky Troutman for Lindsey’s commission seat. Lindsey faces term limits.

When asked after the meeting by a reporter, Lindsey said the car repair item was “unilaterally” removed from the agenda at the request of County Commissioner Neil Combee, who had appointed Schmidt to the Planning Commission about six months ago.

“After Schmidt's Facebook went viral, the commissioner who nominated Schmidt unilaterally told staff to pull from planning commission agenda and asked for presentation at AR (agenda review),” he said in a text.

Before the current proposed restrictions, Lindsey said, “There had been numerous complaints and there was no ordinance or code to address the issue.”

What kind of regulations would be considered?

At the agenda review, the fiery debate started after the county’s land development director, John Bodhe, went over the potential restrictions.

There is very little regulation of private vehicle repair in residential areas, he said. Inoperable vehicles can sit for extended periods of time and repair work can last until late in the evenings. Some yards have lifts and hoists in them.

“We did a brief query over the last year to 18 months and identified 11 codes cases where vehicle repair was noted as a violation,” Bodhe said in an email after the meeting.

Restrictions to consider included:

• What repairs are allowed outside.

• Whether autobody work should be banned.

• Whether lifts and hoists in yards should be permitted.

• How long would a vehicle have to stay in a yard before it is determined to be a distressed vehicle?

• Should all cars on residential property be owned by the homeowner?

• And how many vehicles should be allowed, and what types: boats, semi-trucks, heavy equipment?

Bodhe also gave sample car repair ordinances from nearby counties as well as Auburndale’s ordinance, which limits “major repair work on vehicles, such as body repairing, painting, engine overhaul, transmission or differential disassembly and reassembly or brake shoe replacement” unless the vehicle is owned by the property owner.

At the commission meeting on May 7, board Chairman Bill Braswell directed Mink to write a memo clarifying what protocols are expected, including what statements members of a quasi-judicial board can or cannot say.

Braswell also wanted to review the training each new member of the Planning Commission must attend before they serve.

This article originally appeared on The Ledger: Polk County scraps new rules on home car repairs - for now