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Board of County Commissioners

April 15, 2025 ·9:00 AM Final-revised

Board Room

Agenda — 140 items

  1. 1 CALL TO ORDER - 9:00 a.m. (RICK WILSON, CHAIR) ▶ jump to 0:22
  2. 1 Rollcall ▶ jump to 0:06
  3. 2 INVOCATION ▶ jump to 0:27
  4. 2 Note ▶ jump to 0:08
  5. 3 Murphy Hanley, Polk County Fire Rescue Chaplain ▶ jump to 0:39
  6. 3 Note ▶ jump to 0:08
  7. 4 PLEDGE OF ALLEGIANCE (RICK WILSON, CHAIR) ▶ jump to 1:17
  8. A. PRESENTATIONS and RECOGNITIONS ▶ jump to 1:35
  9. A.1. Employee Recognition 25-0561 ▶ jump to 1:40
  10. B. CEREMONIAL PROCLAMATIONS
  11. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD ▶ jump to 7:26
  12. C.1. Comments. ▶ jump to 7:28
  13. D. APPROVE CONSENT AGENDA
  14. D.1. Approve Consent Agenda. 25-0557 Approved Pass ▶ jump to 21:50
  15. E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) ▶ jump to 21:57
  16. E.1. Disbursements. 25-0568 Approved Pass ▶ jump to 22:53
  17. E.2. Minutes of Regular Board meeting held on April 1, 2025. 25-0569 Approved Pass ▶ jump to 23:09
  18. F. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY
  19. G. COUNTY ATTORNEY (RANDY MINK)
  20. H. COUNTY MANAGER (BILL BEASLEY) ▶ jump to 23:18
  21. H.1. Request Board approve (1) construction contract with C&T Contracting Services, Inc. for the septage receiving and leachate treatment system project ($21,430,000.00 one-time expense) and (2) CIP amendment and budget transfer from the Utilities Capital Expansion Fund Reserve for Future Capital Expansion to fully fund the project ($18,343,741.00 one-time transfer). 25-0620 Approved Pass ▶ jump to 28:12
  22. H.2. Approve Amendment No. 2 to Agreement 2022-025 with Hazen and Sawyer, P.C. to provide professional engineering services for septage receiving stations ($488,410.00 one-time expense) 25-0623 Approved Pass ▶ jump to 31:22
  23. H.3. Approve the Local Agency Program (LAP) Agreement between Polk County and the Florida Department of Transportation (FDOT) for the Old Dixie Trail Project, associated resolutions, CIP Budget Amendment and budget resolution ($2,000,335.00 one-time unanticipated revenue). 25-0564 Approved Pass ▶ jump to 33:50
  24. I. COMMISSIONER DISTRICT 1 (BECKY TROUTMAN) ▶ jump to 33:54
  25. I.1. Commissioner Troutman Comments. ▶ jump to 33:54
  26. J. COMMISSIONER DISTRICT 3 (BILL BRASWELL) ▶ jump to 34:37
  27. J.1. Commissioner Braswell Comments. ▶ jump to 34:38
  28. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) ▶ jump to 35:32
  29. K.1. Commissioner Santiago Comments. ▶ jump to 35:33
  30. L. COMMISSIONER DISTRICT 5 (MICHAEL SCOTT) ▶ jump to 35:34
  31. L.1. Commissioner Scott Comments. ▶ jump to 35:34
  32. M. COMMISSIONER DISTRICT 2 (RICK WILSON, CHAIR) ▶ jump to 37:36
  33. M.1. Chair Wilson Comments. ▶ jump to 37:37
  34. N. LAY BOARD APPOINTMENTS ▶ jump to 37:38
  35. N.1. Appoint Danielle Tanner as a member of the Housing and Neighborhood Development Citizens Advisory Committee (CAC) for a three-year term, April 15, 2025, through April 14, 2028. (No fiscal impact). 25-0524 Approved Pass ▶ jump to 37:53
  36. 33 PAGE BREAK
  37. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 ▶ jump to 37:58
  38. O.1. Public Hearing (LDCPAS-2025-4 Bradley Junction Fire Station) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use from Rural Cluster Center (RCC) to Institutional (INST) on ±8.13 acres to recognize an existing Water Treatment Facility and County Fire Rescue Station in the Rural Development Area (RDA). 25-0615 Approved Pass ▶ jump to 41:31
  39. O.2. Public Hearing (LDCPAS-2025-6 ABC Road Caloosa Fire Station) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Agricultural/Residential Rural (A/RRX) to Institutional-1 (INSTX) on ±5.82 acres for a new County Fire Rescue Station in the Rural Development Area (RDA). 25-0616 Approved Pass ▶ jump to 42:39
  40. O.3. Public Hearing (LDCT-2024-28 I-4 SAP LDC Text Amendment) (Adoption Hearing) to amend Chapter 4, Section 401.01, I-4/NE Parkway Plan Districts, to remove outdated criteria and requirements for residential development from the I-4 Selected Area Plan (SAP). (No Fiscal Impact). 25-0621 Approved Pass ▶ jump to 43:54
  41. O.4. Public Hearing (LDCT-2025-2 INST-2 LDC Text Amendment) (Adoption Hearing) to allow Vehicle Service, Mechanical and outdoor storage in the Institutional-2 (INST-2) land use district. (No Fiscal Impact). 25-0619 Approved Pass ▶ jump to 45:32
  42. O.5. Public Hearing (LDCT-2025-6 Mobile Homes in Plats Prior to 1971) (First Reading) to consider the adoption of a County-initiated LDC Text amendment to Chapter 3 Conditional Uses, Section 303, Criteria for Conditional Uses, Individual Mobile Homes, to allow mobile homes by right in subdivision plats recorded prior to May 20, 1971. 25-0618 ▶ jump to 45:34
  43. O.6. Public Hearing (LDCT-2025-4 1,000 Foot Public Hearing Mailer Radius) (First Reading) to consider the adoption of a County-initiated LDC Text amendment to Chapter 9 Development Review Procedures, Section 960(A), Types of Public Notice, by removing the current text of a 500-foot distance in which mail notices are to be sent to area property owners and replacing it with 1,000 feet. 25-0622 ▶ jump to 47:53
  44. O.7. Public Hearing (LDCT-2025-3 Stressed Basins and Stormwater Management) (First Reading) to consider the adoption of a County-initiated LDC Text amendment to multiple sections of Chapters 2, 7 and 10 and Appendix A of the Land Development Code, to address stressed drainage basins, and improve stormwater management standards. 25-0617 ▶ jump to 49:08
  45. P. PUBLIC HEARINGS ▶ jump to 51:58
  46. P.1. Public Hearing to consider the adoption of an Ordinance of the Polk County Board of County Commissioners prohibiting camping on certain property, unless specifically authorized. (Continued to May 6, 2025) 25-0523 Continued Pass ▶ jump to 52:11
  47. Q. WORK SESSION ITEMS
  48. R. CONSENT AGENDA ITEMS
  49. R. COMMISSIONER DISTRICT 1
  50. R. COMMISSIONER DISTRICT 2
  51. R. COMMISSIONER DISTRICT 3
  52. R. COMMISSIONER DISTRICT 4
  53. R. COMMISSIONER DISTRICT 5
  54. R. COUNTY COMPTROLLER
  55. R.1. Removal of equipment from inventory as listed on Blanket Removal Form 2215. 25-0599 Approved Pass
  56. R. COUNTY MANAGER
  57. R. ECONOMIC DEVELOPMENT
  58. R. TOURISM/SPORTS MARKETING
  59. R. OFFICE OF PLANNING & DEVELOPMENT
  60. R.2. SET HEARING: (LDCPAL-2024-13 Stalwart Business CPA) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Agricultural/ Residential Rural (A/RR) and Residential Low (RL) to Business Park Center (BPC) on 75.0± acres of a parent tract of 166.0± acres within the Rural Development Area (RDA), Transit Supportive Development Area (TSDA), and Transit Corridors and Centers Overlay (TCCO), and a text amendment to Appendix 2.135 adding a reference that the subject site has development conditions in Appendix E of the Land Development Code (LDCT-2024-20), and a sub-district change from Business Park Center-1 (BPC1) to Business Park Center-2 (BPC2) on 51.0± acres (LDCD-2024-7). The suggested transmittal date is May 6, 2025, at 9:15 a.m. and the adoption hearing date is July 1, 2025, at 9:15 a.m. 25-0590 Approved Pass
  61. R.3. SET HEARING: (LDCT-2024-20 Stalwart Business Text Amendment) to amend Appendix E adding Conditions for development on parent tracts totaling 166.0± acres. The suggested hearing dates are for the first reading on May 6, 2025, at 9:15 a.m. and the second reading on July 1, 2025, at 9:15 a.m. 25-0593 Approved Pass
  62. R.4. SET HEARING: (LDCPAL-2024-14 Poinciana Subdivision CPA) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 160+/- acres from Agricultural/Residential-Rural (A/RR) to Residential-Low (RL) & from the Rural Development Area (RDA) to a Utility Enclave Area (UEA). The suggested transmittal date is May 6, 2025, at 9:15 a.m. and the adoption hearing date is July 1, 2025, at 9:15 a.m. 25-0591 Approved Pass
  63. R.5. SET HEARING: (LDCPAL-2024-17 Stuart Property Thornhill Road) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 326.92+/- acres from Agricultural/Residential-Rural (A/RR) to Residential-Low (RL), Residential-Low (RL) to Residential-Medium (RM), and from the Rural Development Area (RDA) to the Urban Growth Area (UGA) on the Future Land Use Map. The suggested transmittal date is May 6, 2025, at 9:15 a.m. and the adoption hearing date is July 1, 2025, at 9:15 a.m. 25-0592 Approved Pass
  64. R.6. SET HEARING (LDCDD-2025-1 North Power Line Road 4th CDD Expansion) to consider the adoption of an applicant-initiated ordinance to expand an existing Community Development District (CDD) located partially in both Davenport and the unincorporated areas of the County. Suggested hearing date is May 6, 2025, at 9:30 a.m. following the regular agenda (No fiscal impact). 25-0595 Approved Pass
  65. R.7. SET HEARING: (LDCT-2025-5 Chicken Coops & Roosters LDC Text Amendment) to amend Chapter 2, Section 222, to allow structures for the sheltering and feeding of animals at ten feet from property lines; Chapter 9, Section 930, variances and special exceptions, and Chapter 10 to provide for definitions. The suggested hearing dates are for the first reading on May 6, 2025, at 9:15 a.m. and the second reading on May 20, 2025, at 9:15 a.m. 25-0594 Approved Pass
  66. R.8. Applewood Reserve Plat for Conditional Approval. (No fiscal impact) 25-0575 Approved Pass
  67. R.9. Mammoth Grove South Plat for Conditional Approval. (No fiscal impact) 25-0582 Approved Pass
  68. R.10. Tuscan Hills Commercial Plat for Conditional Approval. (No fiscal impact) 25-0588 Approved Pass
  69. R.11. Recker Business Park Plat for Conditional Approval. (No fiscal impact) 25-0603 Approved Pass
  70. R.12. Citrus Place Plat for Conditional Approval. (No fiscal impact) 25-0607 Approved Pass
  71. R.13. Accept Providence Self Storage potable water, wastewater and reclaim water utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) 25-0584 Approved Pass
  72. R.14. Accept a two-year warranty and surety in the amount of $56,163.20 in the form of Maintenance Bond No. GM240770 for Providence Self Storage. (No fiscal Impact) 25-0585 Approved Pass
  73. R.15. Accept a two-year warranty and surety in the amount of $70,579.78 in the form of a Maintenance Bond No. 7901194240 for Reserve at Forest Lake. (No fiscal impact) 25-0586 Approved Pass
  74. R.16. Accept Performance Surety in the amount of $204,189.96 in the form of Performance Bond No. SU1206969 for Fifth Third Bank Champions Crossing. (No fiscal impact) 25-0579 Approved Pass
  75. R.17. Accept Performance Surety in the amount of $392,989.55 in the form of Performance Bond No. GM244502 for FL Haines City Bannon Right of Way Improvements. (No fiscal impact) 25-0580 Approved Pass
  76. R.18. Accept Performance Surety in the amount of $2,008,582.98 in the form of Performance Bond No. 0266203 for Hawthorne Ranch - Peachleaf/ Medulla Extension. (No fiscal impact) 25-0581 Approved Pass
  77. R.19. Approve the release of a warranty and surety in the amount of $164,804.49 in the form of Maintenance Bond No. FGAG-23344 for Chateau at Astonia. (No fiscal impact) 25-0576 Approved Pass
  78. R.20. Approve the release of a warranty and surety in the amount of $5,911.50 in the form of Maintenance Bond No. 9951470 for Culver’s Christina. (No fiscal impact) 25-0578 Approved Pass
  79. R.21. Approve the release of a surety in the amount of $1,485,303.70 in the form of Performance Bond No. SU1189282 for Marion Creek Estates Phase 1. (No fiscal impact) 25-0583 Approved Pass
  80. R.22. Approve the release of a surety in the amount of $110,000.00 in the form of Performance Bond No. 024271029 for Westview Pod A Phase 1A. (No fiscal impact) 25-0589 Approved Pass
  81. R.23. Approve renewal agreement for Transportation Planning Organization (TPO) staff services. (No fiscal impact) 25-0587 Approved Pass
  82. R. BUILDING
  83. R. DEPUTY COUNTY MANAGER
  84. R. BUDGET & MANAGEMENT SERVICES
  85. R.24. Approve distribution of funds from the Driver Education Trust Fund to the Polk County School Board for use in its driver education safety program. ($346,889.44 recurring revenue and expense) 25-0551 Approved Pass
  86. R. PROCUREMENT
  87. R. COMMUNICATIONS
  88. R.25. Water Conservation Month Proclamation 25-0649 Approved Pass
  89. R. COOPERATIVE EXTENSION SERVICES
  90. R. HEALTH & HUMAN SERVICES
  91. R.26. Approve State Housing Initiative Partnership (SHIP) Program rehabilitation/replacement program Homeowner Assistance Agreement and Grant Agreement for property located in Bartow, FL, for Case #RC23-SHIP-011. ($179,518.50 one-time expense). 25-0545 Approved Pass
  92. R.27. Approve Modification of State Housing Initiative Partnership (SHIP) Program rehabilitation replacement program Homeowner Assistance Agreement and Grant Agreement for property located in Winter Haven, FL for Case #RC23-SHIP-015 to reflect execution of documents by homeowner rather than Power of Attorney. There are no other changes to the previous agenda item. (No Fiscal Impact). 25-0570 Approved Pass
  93. R. EQUITY & HUMAN RESOURCES
  94. R. INFORMATION TECHNOLOGY
  95. R. CODE ENFORCEMENT
  96. R. COURT SERVICES
  97. R.28. Approve Piggyback Agreement for Security Guard Services with Universal Protection Service, LLC d/b/a Allied Universal Security Services, LLC ($200,000 estimated recurring annual expense) 25-0604 Approved Pass
  98. R. RISK MANAGEMENT
  99. R. COMMUNITY HEALTH CARE
  100. R.29. Approve Polk HealthCare Plan Medical Services Agreement with Advanced Kidney Care of Central Florida, PA for specialty care services. (Transfer of existing appropriations to medical provider; estimated annual amount less than $100,000.) 25-0577 Approved Pass
  101. R.30. Approve the first amendment to the contract with Peace River Center for Personal Development, Inc. (PRC) for the provision of forensic specialists and navigation services. (No fiscal impact.) 25-0608 Approved Pass
  102. R. FACILITIES MANAGEMENT
  103. R. FLEET MANAGEMENT
  104. R. PARKS & NATURAL RESOURCES
  105. R.31. Approve piggyback agreement with RCP Shelters, Inc. to provide various park and playground equipment. (estimated $200,000.00 to $500,000.00 annual recurring expense) 25-0605 Approved Pass
  106. R.32. Conservation Land Acquisition Selection Advisory Committee (CLASAC) recommends pursuing acquisition of EL-137-25 and EL-138-25 and to recommend staff to proceed with pursuing the acquisition process. CLASAC recommends to not pursue acquisition of EL-135-25 and EL-136-25. (no fiscal impact) 25-0601 Approved Pass
  107. R. FIRE RESCUE
  108. R.33. Approve Piggyback Agreement for Florida Certified Expenditure Program for Emergency Medical Transportation (PEMT) with Public Consulting Group LLC ($320,000 estimated recurring annual expense) 25-0624 Approved Pass
  109. R. EMERGENCY MANAGEMENT
  110. R. REAL ESTATE SERVICES
  111. R.34. Approve Land Purchase Agreement between Duane Frericks and Polk County for a parcel associated with the realignment of Bargain Barn Road. ($65,100 one-time expense) 25-0612 Approved Pass
  112. R.35. Accept Quit Claim Deed from AV Homes, Inc., f/k/a Avatar Properties Inc. for property located in the Poinciana area. (No fiscal impact) 25-0567 Approved Pass
  113. R.36. Accept instrument for additional right-of-way along 2nd Street E. as requested through the Development Review Process. (No fiscal impact) 25-0613 Approved Pass
  114. R.37. Accept Warranty Deed for property being donated by the Edward C. Stuart Foundation Incorporated for conservation preservation. (No fiscal impact) 25-0614 Approved Pass
  115. R. ROADS & DRAINAGE
  116. R.38. Approve Road Closure Requests in Accordance with the Ordinance No. 2025-020 25-0627 Approved Pass
  117. R.39. Approve Modification No. 1 to Consultant Services Authorization (CSA) No. 22-083-01 with Burgess and Niple, Inc., (Consultant) to provide engineering services for the Lake Ned Road at Cypress Gardens Road Intersection Improvements Project ($34,864.91 one-time expense). 25-0609 Approved Pass
  118. R.40. Approve Amendment No. 1 to Consultant Services Authorization (CSA) No. 17-051-07 with Burgess and Niple, Inc., (Consultant) to provide engineering services for the CR 547 (Davenport Boulevard) at North 10th Street Intersection Improvements Project ($4,485.68 one-time expense). 25-0610 Approved Pass
  119. R.41. Adopt Resolution Setting Truck Restrictions on Deen Still Road East (near Davenport). ($1,271.90 one-time expense) 25-0559 Approved Pass
  120. R.42. Adopt a Resolution Setting Parking Restrictions on E F Griffin Road, near Bartow ($720.92 one-time expense) 25-0560 Approved Pass
  121. R.43. Adopt Resolution Setting Truck Restrictions on Berquist Road (near Fort Meade). ($221.11 one-time expense) 25-0574 Approved Pass
  122. R.44. Approve selection committee’s recommendation to authorize staff negotiations with Eisman & Russo, Inc. for construction engineering and inspection (CEI) services for Thompson Nursery Road. (No fiscal impact) 25-0596 Approved Pass
  123. R. UTILITIES
  124. R. SOLID WASTE
  125. R. ELECTED OFFICIAL AND OTHER GOVERNMENTAL AGENCY
  126. R. COURT RELATED
  127. R. POLK COUNTY PROPERTY APPRAISER
  128. R. POLK COUNTY SHERIFF
  129. R. POLK COUNTY SUPERVISOR OF ELECTIONS
  130. R. POLK COUNTY TAX COLLECTOR
  131. R. WORKFORCE DEVELOPMENT BOARD
  132. R.45. Approve Memorandum of Understanding (“MOU”) and Infrastructure Agreement (“IFA”) between the Division of Vocational Rehabilitation (“Partner”) and Polk County Workforce Development Board d/b/a CareerSource Polk (“CareerSource Polk”) 25-0562 Approved Pass
  133. R. COUNTY ATTORNEY
  134. R.46. SET HEARING to consider adoption of an ordinance of the Polk County Board of County Commissioners repealing and restating the Polk County Waterway Protection Code to update and clarify language, add and amend definitions, and create authority to establish designated swim areas and vessel exclusion zones. SUGGESTED HEARING DATE: May 20, 2025, at 9:00 a.m. 25-0554 Approved Pass
  135. R.47. SET HEARING to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption for Project Ray, a New Business. (Suggested hearing date is May 6, 2025 at 9:00 a.m.) 25-0571 Approved Pass
  136. R.48. SET HEARING to consider adoption of an ordinance repealing Ordinance 22-054, the Economic Development Ad Valorem Tax Exemption for Lineage Logistics Services, LLC. (Suggested hearing date is May 6, 2025 at 9:00 a.m.) 25-0631 Approved Pass
  137. R.49. SET HEARING to consider adoption of an ordinance amending Ordinance 22-018, the Economic Development Ad Valorem Tax Exemption for Publix Super Markets, Inc. (IT Headquarters). (Suggested hearing date is May 6, 2025 at 9:00 a.m.). 25-0630 Approved Pass
  138. R.50. Designate the County Attorney as the designee of the Polk County Board of County Commissioners for the Florida Department of Juvenile Justice Circuit 10 Advisory Board. 25-0600 Approved Pass
  139. R.51. Adopt Resolution appointing Code Enforcement Special Magistrates and Appellate Code Enforcement Special Magistrates as Animal Control and Animal Services Hearing Officers. 25-0606 Approved Pass
  140. 137 ANNOUNCEMENTS