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Board of County Commissioners

December 17, 2024 ·9:00 AM Final-revised

Board Room

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 149 items

  1. 1 CALL TO ORDER - 9:00 a.m. (RICK WILSON, CHAIR)
  2. 2 INVOCATION ▶ jump to 0:29
  3. 2 Rollcall ▶ jump to 0:10
  4. 3 Murphy Hanley, Polk County Fire Rescue Chaplain ▶ jump to 0:31
  5. 3 Note ▶ jump to 0:21
  6. 4 PLEDGE OF ALLEGIANCE (RICK WILSON, CHAIR) ▶ jump to 1:17
  7. 4 Note ▶ jump to 0:21
  8. A. PRESENTATIONS and RECOGNITIONS ▶ jump to 1:37
  9. 5 Rollcall ▶ jump to 0:27
  10. A.1. Steve Labate - Presentation to Commissioner Bill Braswell on behalf of Lakeland Gold Star Parents. ▶ jump to 1:39
  11. B. CEREMONIAL PROCLAMATIONS
  12. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD ▶ jump to 7:53
  13. C.1. Randy Wilkinson - Invitation to Evening with Gilbert King at Polk Theater, December 21. The Pulitzer Prize winner will discuss his expose' of the unjust Polk County conviction of Leo Schofield as told in Bone Valley, the worldwide #1 Crime Podcast. ▶ jump to 7:56
  14. C.2. Comments. ▶ jump to 11:15
  15. D. APPROVE CONSENT AGENDA ▶ jump to 28:32
  16. D.1. Approve Consent Agenda. 24-2323 Approved Pass ▶ jump to 28:40
  17. E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) ▶ jump to 28:42
  18. E.1. Disbursements. 24-2324 Approved Pass ▶ jump to 29:49
  19. E.2. Minutes of Regular Board meeting held on December 3, 2024. 24-2325 Approved Pass ▶ jump to 30:06
  20. F. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY
  21. G. COUNTY ATTORNEY (RANDY MINK)
  22. H. COUNTY MANAGER (BILL BEASLEY) ▶ jump to 30:55
  23. H.1. Approve the contract with Central Florida Health Care, Inc. (CFHC) for the purchase of equipment. (Total amount not to exceed $1,553,882.99) 24-2348 Approved Pass ▶ jump to 33:18
  24. H.2. Approve the third amendment to the contract with Winter Haven Hospital, Inc., d/b/a Center for Behavioral Health to provide behavioral health services. (Total amount not to exceed $1,576,280 annually.) 24-2287 Approved Pass ▶ jump to 35:47
  25. H.3. Approve the contract with Winter Haven Hospital, Inc., d/b/a Center for Behavioral Health for site-based services to adults with mental health needs. (Total amount not to exceed $470,000 annually.) 24-2290 Approved Pass ▶ jump to 38:14
  26. H.4. Approve the Florida Communities Trust Grant Agreement (F2407) made between Florida Department of Environmental Protection (FDEP) and Polk County (County) (one-time revenue of $1,775,000). 24-2308 ▶ jump to 38:47
  27. H.5. North Ridge Trail Extension Infrastructure Agreement from Legacy Park Blvd. to Poitras #2 Road. (not to exceed a reimbursement cost of $1,414,231.08). 24-2368 Approved Pass ▶ jump to 46:00
  28. H.6. Approve the Construction Manager at Risk (CMAR), Guaranteed Maximum Price (GMP) Addendum No. 1 with Wharton-Smith, Inc. for the Northeast Regional Wastewater Treatment Facility (NERWWTF), Phase A dewatering and construction expansion. ($44,644,133.00 one-time expense) 24-2382 Approved Pass ▶ jump to 40:36
  29. I. COMMISSIONER DISTRICT 1 (BECKY TROUTMAN) ▶ jump to 51:58
  30. I.1. Commissioner Troutman Comments. ▶ jump to 51:59
  31. H.4. Approve the Florida Communities Trust Grant Agreement (F2407) made between Florida Department of Environmental Protection (FDEP) and Polk County (County) (one-time revenue of $1,775,000). 24-2308 Approved Pass ▶ jump to 41:53
  32. J. COMMISSIONER DISTRICT 3 (BILL BRASWELL) ▶ jump to 54:16
  33. J.1. Commissioner Braswell Comments. ▶ jump to 54:17
  34. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) ▶ jump to 59:40
  35. K.1. Commissioner Santiago Comments. ▶ jump to 59:41
  36. L. COMMISSIONER DISTRICT 5 (MICHAEL SCOTT) ▶ jump to 60:54
  37. L.1. Commissioner Scott Comments. ▶ jump to 60:55
  38. M. COMMISSIONER DISTRICT 2 (RICK WILSON, CHAIR) ▶ jump to 61:35
  39. M.1. Chair Wilson Comments. ▶ jump to 61:35
  40. N. LAY BOARD APPOINTMENTS
  41. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 ▶ jump to 61:48
  42. O.1. Public Hearing (LDCPAL-2024-1 Socrum Loop Rd PRESV CPA) (Adoption Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 6.88+/- acres from Residential Low-X (RL-X) and Office Center-X (OCX) to Preservation-X (PRESVX) in the Green Swamp ACSC. (No Fiscal Impact) 24-2355 Approved Pass ▶ jump to 66:21
  43. O.2. Public Hearing (LDCPAS-2024-21 Parkview Christian CPA) (Adoption Public Hearing) to consider the Future Land Use Change from Residential Suburban (RS) to Institutional (INST-1) on +/- 17.75 acres in the Suburban Development Area (SDA). (No Fiscal Impact) 24-2360 Approved Pass ▶ jump to 67:30
  44. O.3. Public Hearing (LDCPAS-2024-20 Mt Pisgah Rd PM to ARR CPA Amendment) (Adoption Hearing) to consider the Future Land Use Change from Phosphate Mining (PM) to Agricultural/Residential Rural (A/RR) on +/- 15.54 acres in the Rural Development Area (RDA). (No Fiscal Impact) 24-2359 Approved Pass ▶ jump to 71:27
  45. O.4. Public Hearing (LDCPAL-2024-11 Mosaic Nichols PM CPA Amendment) (Transmittal Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Agricultural/Residential-Rural (A/RR) to Phosphate Mining (PM) on +/- 420 acres. (No Fiscal Impact). 24-2356 Approved Pass ▶ jump to 73:22
  46. O.5. Public Hearing (LDCPAL-2024-12 North Prong IND CPA Amendment) (Transmittal Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Phosphate Mining (PM) and Agricultural/Residential-Rural (A/RR) to Industrial (IND) on +/- 420 acres and to change the text of Section 2.135 of the Comprehensive Plan to limit the intensity of the IND activity on certain areas of the site. (No Fiscal Impact). 24-2357 Approved Pass ▶ jump to 75:05
  47. O.6. Public Hearing (LDCT-2024-19 North Prong LDC Text Amendment) (Transmittal Hearing) to consider Change the text of the Land Development Code Appendix E, Section E105, to limit the intensity of the IND on certain areas of the property (No Fiscal Impact). 24-2362 ▶ jump to 75:08
  48. P. PUBLIC HEARINGS ▶ jump to 76:30
  49. P.1. Public Hearing (LDCPAL-2023-13 Septic to Sewer Text Change CPA) (Adoption Hearing) to consider the adoption of a Large-Scale Comprehensive Plan text amendment to several elements of the Comprehensive Plan will be amended that address new septic tank limitations in areas with Basin Management Action Plans, a new overlay called Nutrient Restoration Plan Overlay (NRPO), and septic tank to sewer conversation in the NRP. This case is related to LDCT-2023-24. (No Fiscal Impact) 24-2354 Approved Pass ▶ jump to 87:08
  50. P.2. Public Hearing (LDCT-2023-24 Septic to Sewer) (Adoption Hearing) to consider the adoption of a County-initiated request to amend the Land Development Code to add the Nutrient Restoration Plan Overlay, restrictions on septic tanks, and definitions. This case is related to LDCPAL-2023-13. (No Fiscal Impact). 24-2361 Approved Pass ▶ jump to 87:18
  51. P.3. Public Hearing to consider adoption of a resolution to vacate portions of platted, rights-of-way as shown on the Map of A. R. Highfield’s Addition to the City of Crooked Lake and the Plat of Stephenson’s Addition to Babson Park, Polk County, Florida. (No fiscal impact) 24-2309 Approved Pass ▶ jump to 89:34
  52. P.4. Public Hearing to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption to an expanding business, ALDI (Florida) L.L.C., and approval of a Performance Agreement with the company. 24-2381 Approved Pass ▶ jump to 92:52
  53. P.5. Public Hearing to consider adoption of a resolution providing notice of intent to use the uniform method for the levy, collection and enforcement of non-ad valorem assessments. 24-2372 Approved Pass ▶ jump to 94:39
  54. Q. WORK SESSION ITEMS
  55. R. CONSENT AGENDA ITEMS
  56. R. COMMISSIONER DISTRICT 1
  57. R. COMMISSIONER DISTRICT 2
  58. R. COMMISSIONER DISTRICT 3
  59. R. COMMISSIONER DISTRICT 4
  60. R. COMMISSIONER DISTRICT 5
  61. R. COUNTY COMPTROLLER
  62. R.1. Accept Public Official Bond for County Commissioner Rebecca Ann Troutman. 24-2334 Approved Pass
  63. R.2. Accept Public Official Bond for County Commissioner Michael Hugh Scott. 24-2335 Approved Pass
  64. R.3. Proposed Fiscal Year 2025 budgets for Bridgewater and Ridgecrest Community Development Districts. 24-2327 Approved Pass
  65. R.4. Removal of equipment from inventory as listed on Blanket Removal Form 2207. 24-2338 Approved Pass
  66. R.5. Appoint property custodian for the office of Planning and Development/TPO. 24-2340 Approved Pass
  67. R. COUNTY MANAGER
  68. R. ECONOMIC DEVELOPMENT
  69. R. TOURISM/SPORTS MARKETING
  70. R. OFFICE OF PLANNING & DEVELOPMENT
  71. R.6. SET HEARING: (LDCPAS-2024-3 Spirit Lake Road OC CPA) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation on .44+/- acres from Residential-Low (RL) to Office Center (OC) in the Transit Supportive Suburban Development Area (TSDA). The suggested adoption hearing date is January 7, 2025, at 9:15 a.m. 24-2363 Approved Pass
  72. R.7. SET HEARING: (LDCT-2024-26 Appendix A Clean Up Text) to amend Sections 704, 804, 980 and A406; amend Chapter 10, Appendix A, Section A203; delete Section A204; add Section A204; consolidate figures A6 thru A14; amend Section A207; delete Subsection A207.G. The suggested hearing dates are for the first reading on January 7, 2025, at 9:15 a.m. and the second reading on January 21, 2025, at 9:15 a.m. 24-2370 Approved Pass
  73. R.8. SET HEARING: (LDCT-2024-27 SR 60 & Boy Scout Road RCC Activity Center Plan (ACP) Text Amendment) to change the text of the Land Development Code Appendix E, Section E105. This case is related to LDCPAS-2024-25. The suggested hearing dates are for the first reading on January 7, 2025, at 9:15 a.m. and the second reading on January 21, 2025, at 9:15 a.m. 24-2371 Approved Pass
  74. R.9. Fulton Meadows Plat for Conditional Approval. (No fiscal impact) 24-2344 Approved Pass
  75. R.10. Lake Buffum Acres Plat for Conditional Approval. (No fiscal impact) 24-2347 Approved Pass
  76. R.11. Accept Brentwood Multifamily potable water and wastewater utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) 24-2339 Approved Pass
  77. R.12. Accept a one-year warranty and surety in the amount of $3,149.88 in the form of Maintenance Bond No. 2358615 for the Brentwood Multifamily development. (No fiscal Impact) 24-2341 Approved Pass
  78. R.13. Accept Brentwood Townhomes Phases 2 & 3 potable water, wastewater and reclaim water utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) 24-2343 Approved Pass
  79. R.14. Accept a one-year warranty and surety in the amount of $134,591.02 in the form of Maintenance Bond No. LICX1983025 for the Brentwood Townhome development Phases 2 & 3. (No Fiscal Impact) 24-2342 Approved Pass
  80. R.15. Accept Heritage MHP potable water utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) 24-2345 Approved Pass
  81. R.16. Accept a one-year warranty and surety in the amount of $5,669.00 in the form of Maintenance Bond No. OFB2423896 for Heritage MHP. (No fiscal impact) 24-2346 Approved Pass
  82. R.17. Accept Performance Surety in the amount of $219,439.00 in the form of Performance Bond No. 41K237323 for Victory Ridge Academy. (No fiscal impact) 24-2352 Approved Pass
  83. R.18. Approve agreement with AECOM Technical Services for a Vision Zero Action Plan. ($919,998.00 one-time expense) 24-2366 Approved Pass
  84. R. BUILDING
  85. R. DEPUTY COUNTY MANAGER
  86. R. BUDGET & MANAGEMENT SERVICES
  87. R.19. Approve a first amendment to an Amended and Restated American Rescue Plan Fund Agreement with Heart for Winter Haven, Inc. (No fiscal impact) 24-2380 Approved Pass
  88. R. PROCUREMENT
  89. R. COMMUNICATIONS
  90. R. COOPERATIVE EXTENSION SERVICES
  91. R. HEALTH & HUMAN SERVICES
  92. R.20. Approve the HOME American Rescue Plan (ARP) Funded Tenant Based Rental Assistance (TBRA) Program subrecipient agreement. ($200,000 one-time expense). 24-2300 Approved Pass
  93. R.21. Approve modification No. 2 of State Housing Initiatives Partnership (SHIP) Rehabilitation program Homeowner Assistance Agreement and Grant Agreement for the property located in Winter Haven, FL., for Case #DR24-S-IAN-012. ($3,913.00 one­time expense). 24-2298 Approved Pass
  94. R. EQUITY & HUMAN RESOURCES
  95. R. INFORMATION TECHNOLOGY
  96. R. CODE ENFORCEMENT
  97. R. COURT SERVICES
  98. R. RISK MANAGEMENT
  99. R.22. Approve annual excess Workers’ Compensation insurance policy renewal with Midwest Employers Casualty Company, effective January 1, 2025 through December 31, 2025. (Total premium $299,358) 24-2349 Approved Pass
  100. R.23. Approve agreement with Willis Towers Watson, Inc. for employee health and wellness benefits consulting. ($285,000.00 recurring expense) 24-2367 Approved Pass
  101. R. COMMUNITY HEALTH CARE
  102. R.24. Approve the First Amendment to Substance Abuse and Mental Health Services Administration Grant Subrecipient Agreement with Polk Vision, Inc. (total amount not to exceed $155,262) 24-2294 Approved Pass
  103. R. FACILITIES MANAGEMENT
  104. R.25. Approve and sign Grant Agreement for the Department of Energy (DOE) to administer the State Community Energy Programs (SCEP) under Energy Efficiency and Conservation Block Grant Program (EECBG). ($481,240.00 Grant - No match requirement) 24-2358 Approved Pass
  105. R.26. Approve Amendments No. 9 and No.10 to Agreement 19-004 with The Lunz Group, Inc., authorizing architectural and engineering services for the Bradley Junction and Caloosa Lake Fire Rescue Stations. ($301,810.00, Bradley Junction and $279,510.00 Caloosa Lake; one-time expense) 24-2373 Approved Pass
  106. R.27. Accept and execute Modification No. Three (3) to a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) Agreement for Project #: 4337-0422-R, Polk County BOCC, FRS / EMS Stations Auxiliary Power Generators Contract #: H0510 between The Florida Division of Emergency Management FEMA HMGP and Polk County. (No fiscal impact) 24-2353 Approved Pass
  107. R. FLEET MANAGEMENT
  108. R. PARKS & NATURAL RESOURCES
  109. R.28. Approve selection committee’s recommendation to authorize staff enter into negotiations with Showdown ATV LLC to provide ATV rentals at Bone Valley ATV Park. (No fiscal impact) 24-2384 Approved Pass
  110. R. FIRE RESCUE
  111. R. EMERGENCY MANAGEMENT
  112. R. REAL ESTATE SERVICES
  113. R.29. Approve Right-of-Way Agreement between LWG Florida Properties, LLC Polk County in conjunction with the Thompson Nursery Road Phase 1 (Segment 4) Improvement project. ($181,117 one-time expense) 24-2313 Approved Pass
  114. R.30. Approve Purchase and Sale Agreement between Tampa Electric Company and Polk County and authorize a County Deed in conjunction with the conveyance of the County’s interest in a platted Park as shown on the plat of Waverly identified as Parcel ID Number 272910-859000-047000. ($50,000, one-time revenue) 24-2330 Approved Pass
  115. R.31. Approve Agreement between Tohopekaliga Water Authority and Polk County. (No fiscal impact) 24-2196 Approved Pass
  116. R.32. Approve Agreement for Transfer of Public Road between the City of Lakeland and Polk County for a portion of Wabash Avenue North and authorize a County Deed for the right-of-way associated therewith. Also accept a City Deed from the City of Lakeland for right-of-way associated with a portion of Wabash Avenue North and 10th Street. (No fiscal impact) 24-2350 Approved Pass
  117. R.33. Authorize an Easement to the City of Lakeland in conjunction with electric service to gas facilities within the North Central Landfill. (No fiscal impact) 24-2351 Approved Pass
  118. R.34. Approve Memorandum of Agreement between the State of Florida, Department of Transportation and Polk County regarding the Central Polk Parkway and authorize a County Deed for right-of-way parcels associated therewith. (No fiscal impact) 24-2336 Approved Pass
  119. R.35. Accept instrument for additional rights-of-way along Old Bartow-Lake Wales Road and Old Bartow Road as requested through the Development Review Process. (No fiscal impact) 24-2377 Approved Pass
  120. R.36. Approve maintained right-of-way map for Davis Brothers Road, located in the Lake Wales area. (No fiscal impact) 24-2390 Approved Pass
  121. R.37. Ratify and accept a Special Warranty Deed from Marsha L. Smith and Charlotte Hall McGahee, as co-Trustees for additional right-of-way in conjunction with an intersection project known as the Kathleen Road at Deeson Road Intersection Improvement Project. (No fiscal impact) 24-2329 Approved Pass
  122. R.38. Accept Quit Claim Deed, Sidewalk Easement and Access Easement from BVT-Aventon Holly Hill Owner, LLP in conjunction with proposed development as requested through the Development Review Process. (No fiscal impact) 24-2333 Approved Pass
  123. R.39. Accept Quit Claim Deeds for property being donated for conservation preservation, Dickey and Lantz Estate parcels. (No Fiscal impact) 24-2365 Approved Pass
  124. R.40. Approve recommended alignment alternative and adopt resolution for the Power Line Road Phase 2 Project. (No fiscal impact) 24-2314 Approved Pass
  125. R.41. Authorize an Easement to Peoples Gas System, Inc. and approve a Use Agreement between Peoples Gas System, Inc. and Polk County. Also approve an Amendment to Lease and Access Agreement between Polk County RNG LLC and Polk County all in conjunction with the sale of naturally produced gas at the North Central Landfill. (No fiscal impact) 24-2411 Approved Pass
  126. R. ROADS & DRAINAGE
  127. R.42. Adopt a Resolution Setting Parking Restrictions on Derwent Drive and Lancashire Street, within the Glen at West Haven Subdivision, near Davenport. ($3,802.95 one-time expense) 24-2320 Approved Pass
  128. R.43. Adopt a Resolution Setting Parking Restrictions on Cypress Fox Boulevard and Fox Squirrel Drive, within the Meadow Walk Subdivision, near Davenport. ($3,612.90 one-time expense) 24-2321 Approved Pass
  129. R. UTILITIES
  130. R.44. Approve Consultant Services Authorization 2024-011-04 with Dewberry Engineers, Inc. for the Northeast Regional Utility Service Area (NERUSA) Alternative Water Supply (AWS) Receiving Facility Project ($324,713.00 not to exceed one-time expense). 24-2291 Approved Pass
  131. R.45. Approve the CIP Amendment and budget transfer of $1,350,000 of American Rescue Plan funds from Crooked Lake Park Receivership Project to Septage Receiving Station Project. These projects are partially funded through the American Rescue Plan through the United States Department of Treasury. ($1,350,000 one-time transfer). 24-2386 Approved Pass
  132. R.46. Approve Release of Claims for Consultant Services Authorization (CSA) 18-060-03 with Jones Edmunds and Associates, Inc. for the Crooked Lake Park Receivership - Wastewater Treatment Facility (WWTF) Abandonment and Lift Station Replacements project. (Release of Claims (Payment to County) totaling $144,221.06). 24-2385 Approved Pass
  133. R.47. Approve Consultant Services Authorization 2024-018-01 with Tetra Tech Inc. for the Northwest Regional Utility Service Area (NWRUSA) Master Plan Update Project ($291,448.00 not-to-exceed, one-time expense). 24-2388 Approved Pass
  134. R. SOLID WASTE
  135. R. ELECTED OFFICIAL AND OTHER GOVERNMENTAL AGENCY
  136. R. COURT RELATED
  137. R. POLK COUNTY PROPERTY APPRAISER
  138. R. POLK COUNTY SHERIFF
  139. R. POLK COUNTY SUPERVISOR OF ELECTIONS
  140. R. POLK COUNTY TAX COLLECTOR
  141. R. WORKFORCE DEVELOPMENT BOARD
  142. R. COUNTY ATTORNEY
  143. R.48. Approve Offer of Judgment with This Land of Acres, Inc., for parcel 133 in the case of Polk County v. Sean Daniel Freeman, et al (2024CA-2048), an eminent domain lawsuit filed to acquire needed rights-of-way for the County Road 557 Project. ($27,982 one time expense). 24-2379 Approved Pass
  144. R.49. Approve amendment and assignment of Agreement for Land Use Hearing Officer Services with Conn & Buenaventura, PA, to Buenaventura Law, PLLC. (No fiscal impact) 24-2395 Approved Pass
  145. R.50. Approve Outside Counsel Agreement with Campbell, Trohn, Tamayo & Aranda, P.A. 24-2378 Approved Pass
  146. R.51. Adopt a resolution identifying the appointment of Polk County’s Supervisor to the Water Cooperative of Central Florida. 24-2376 Approved Pass
  147. R.52. Consider resolution approving Declarations Extending State of Local Emergency 24-01 executed by the County Manager on December 4, 2024, and December 11, 2024. 24-2375 Approved Pass
  148. R.53. Ratify the effective date of December 3, 2024, for the BoCC Member and Liaison Assignments approved on the December 3, 2024, agenda. 24-2417 Approved Pass
  149. 144 ANNOUNCEMENTS