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Board of County Commissioners

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

Board Room

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 141 items

  1. 1 CALL TO ORDER - 9:00 a.m. (BILL BRASWELL, CHAIR) ▶ jump to 0:23
  2. 1 Rollcall ▶ jump to 0:08
  3. 2 INVOCATION ▶ jump to 0:29
  4. 2 Note ▶ jump to 0:20
  5. 3 Murphy Hanley, Polk County Fire Rescue Chaplain ▶ jump to 0:30
  6. 4 PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR) ▶ jump to 1:30
  7. A. PRESENTATIONS and RECOGNITIONS
  8. B. CEREMONIAL PROCLAMATIONS
  9. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD ▶ jump to 1:49
  10. C.1. Comments. ▶ jump to 1:52
  11. D. APPROVE CONSENT AGENDA ▶ jump to 17:59
  12. D.1. Approve Consent Agenda. 24-1596 Approved Pass ▶ jump to 18:08
  13. E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) ▶ jump to 18:09
  14. E.1. Disbursements. 24-1597 Approved Pass ▶ jump to 19:08
  15. E.2. Minutes of Regular Board meeting held on September 3, 2024. 24-1598 Approved Pass ▶ jump to 19:24
  16. F. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY
  17. 15 PAGE BREAK
  18. G. COUNTY ATTORNEY (RANDY MINK) ▶ jump to 19:28
  19. G.1. Approve the release of a warranty and surety in the amount of $127,027.83 in the form of Maintenance Bond No. S-332987 for Astonia Phase 1. (No fiscal impact) 24-1634 Approved Pass ▶ jump to 20:29
  20. H. COUNTY MANAGER (BILL BEASLEY) ▶ jump to 20:38
  21. H.1. Approve Amendment No.2 to Agreement 2022-077, with Wright-Pierce, Inc. to provide professional engineering services for the Northeast Regional Wastewater Treatment Facility Expansion from 6.0 MGD to 9.0 MGD. ($6,798,421.00 one-time expense) 24-1679 Approved Pass ▶ jump to 24:04
  22. H.2. Approve Amendment No. 1 to Agreement 2023-074, with Wharton-Smith, Inc., to provide additional Construction Manager at Risk (CMAR) preconstruction services for the Northeast Regional Wastewater Treatment Facility expansion from 6 to 9 million gallons daily. ($926,576.00 preconstruction services one-time expense) 24-1680 Approved Pass ▶ jump to 28:39
  23. H.3. Approve and ratify the Letter of Agreement and IGT Provider Questionnaire from the State of Florida, Agency for Health Care Administration (AHCA) for the Public Emergency Medical Transportation Medical Managed Care Supplement Payment Program ($4,328,212.75 not-to-exceed, one-time expense) 24-1685 Approved Pass ▶ jump to 31:13
  24. H.4. Approve the first amendment to the contract with We Care of Central Florida, Inc. (We Care) for referral and coordination of specialty care services to eligible low-income residents. (Total amount not to exceed $694,165 annually.) 24-1682 Approved Pass ▶ jump to 33:48
  25. H.5. Approve Cooperative Funding Agreement (No. 22CF0004301) with the Southwest Florida Water Management District (SWFWMD) to co-fund the Lake Hancock Watershed Management Plan ($1,250,000 one-time revenue and $1,250,000 County match). 24-1569 Approved Pass ▶ jump to 37:21
  26. H.6. Approve the Wetland Mitigation Credit Purchase and Sale Agreement with the Missing Link Mitigation Bank to purchase 2.07 freshwater forested state credits for the wetland impacts on the North Ridge Trail Project. ($455,400 one-time expense) 24-1660 Approved Pass ▶ jump to 44:06
  27. H.7. Confirm appointment of Shawn Smith as Interim Fire Chief for Polk County Fire Rescue, effective September 13, 2024. 24-1756 Approved Pass ▶ jump to 47:34
  28. I. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY) ▶ jump to 50:08
  29. I.1. Appoint Tony Kirk, Sr. as a member of the Polk County Sidewalk Advisory Committee, for the three-year term, October 1, 2024 through September 30, 2027. 24-1656 Approved Pass ▶ jump to 50:25
  30. I.2. Commissioner Lindsey Comments. ▶ jump to 50:28
  31. J. COMMISSIONER DISTRICT 2 (RICK WILSON) ▶ jump to 50:30
  32. J.1. Commissioner Wilson Comments. ▶ jump to 50:31
  33. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) ▶ jump to 50:35
  34. K.1. Commissioner Santiago Comments. ▶ jump to 50:36
  35. L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) ▶ jump to 50:37
  36. L.1. Appoint Bryana LaTorre-Carvalho as a member of the Sidewalk Advisory Committee for the three-year term, October 1, 2024 through September 30, 2027. 24-1649 Approved Pass ▶ jump to 51:13
  37. L.2. Commissioner Combee Comments. ▶ jump to 51:19
  38. M. COMMISSIONER DISTRICT 3 (BILL BRASWELL, CHAIR) ▶ jump to 51:20
  39. M.1. Chair Braswell Comments. ▶ jump to 51:21
  40. N. LAY BOARD APPOINTMENTS ▶ jump to 61:14
  41. N.1. Appoint Edwin Moran to serve as a member of the Community Relations Advisory Council (CRAC) for a four-year term beginning September 17, 2024, and ending September 17, 2028 24-1648 Approved Pass ▶ jump to 61:31
  42. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 ▶ jump to 61:54
  43. O.1. Public Hearing (LDCPAS-2024-5 Innovation W Pipkin Road INST CPA) (Adoption Hearing) to consider a Small-Scale Comprehensive Plan Future Land Use Map change from Business Park Center (BPC) to Institutional (INST) in the Transit Supportive Development Area (TSDA). (No Fiscal Impact) 24-1678 Approved Pass ▶ jump to 65:34
  44. O.2. Public Hearing (LDCT-2024-16 W Pipkin Road Text Amendment) to modify Appendix E, (subsection F.) the original conditional requirements (Adoption Hearing). (No Fiscal Impact) 24-1652 Approved Pass ▶ jump to 66:19
  45. O.3. Public Hearing (LDCT-2024-12 SPD Changes Text Amendment) (Adoption Hearing) to conform Suburban Planned Development (SPD) standards in Section 303, Conditional Uses; Section 403.01, the Wahneta Neighborhood Plan; and Section 505, Polk City SPA in the Green Swamp ACSC with other Planned Development standards. (No Fiscal Impact). 24-1644 Approved Pass ▶ jump to 67:14
  46. O.4. Public Hearing (LDCT-2024-15 Access via Easement Text Amendment) (Adoption Hearing) to modify LDC Section 705.B for access via easement. (No Fiscal Impact). 24-1645 Approved Pass ▶ jump to 68:45
  47. O.5. Public Hearing (LDCT-2024-14 TCX Full-Service Car Wash Text Amendment) (First Reading) to modify Table 4.8, Use Table for US 27 Selected Area Plan. (No Fiscal Impact). 24-1677 ▶ jump to 68:48
  48. P. PUBLIC HEARINGS ▶ jump to 70:19
  49. P.1. Public Hearing (LDCDD-2024-3 / Cypress Creek CDD) to consider the adoption of an applicant-initiated ordinance to establish a new Community Development District (CDD) the unincorporated area of the county. (No fiscal impact) 24-1640 Approved Pass ▶ jump to 72:09
  50. P.2. Public Hearing (LDCDD-2024-4/ Lake Ashton II CDD Boundary Amendment) to consider the adoption of an applicant-initiated ordinance to add non-residential property to an existing Community Development District (CDD) located in the cities of Lake Wales and Winter Haven that was originally adopted by the Board prior to annexation. 24-1642 Approved Pass ▶ jump to 73:26
  51. P.3. Public Hearing (LDCPAS-2024-10 Shepherd Road CPA (Adoption Hearing) to consider the Future Land Use Change from Residential Low (RL-1) to Residential High (RH) in the Transit Supportive Development Area (TSDA). (No Fiscal Impact) 24-1643 Denied Pass ▶ jump to 92:57
  52. P.4. Public Hearing to consider adoption of an ordinance amending and restating Polk County Ordinance 2019-056, the Polk County Amended and Restated Comprehensive Impact Fee Ordinance, for the purpose of imposing updated rates for Emergency Medical System (EMS), Correctional Facilities, Transportation, Educational System, Library, Park, Fire Rescue, and Law Enforcement Impact Fees. 24-1687 Denied Pass ▶ jump to 148:10
  53. P.5. Public Hearing to consider adopting a resolution providing that the proposed Polk County Ag-Center serves a public purpose. 24-1719 Approved Pass ▶ jump to 151:05
  54. P.6. Public Hearing to consider adoption of a resolution to vacate platted, unopened, and unmaintained right-of-way as shown on Crosby’s Addition to Loughman, Florida, Davenport, Florida. (No fiscal impact) 24-1594 Approved Pass ▶ jump to 153:10
  55. P.7. Public Hearing to consider adoption of a resolution to vacate portions of platted rights-of-way as shown on the plat of Holly Hill Addition to Loughman and the plat of Roy A. Miller’s Subdivision at Loughman, Fla., Davenport, Florida. (No fiscal impact) 24-1626 Approved Pass ▶ jump to 155:41
  56. P.4. Public Hearing to consider adoption of an ordinance amending and restating Polk County Ordinance 2019-056, the Polk County Amended and Restated Comprehensive Impact Fee Ordinance, for the purpose of imposing updated rates for Emergency Medical System (EMS), Correctional Facilities, Transportation, Educational System, Library, Park, Fire Rescue, and Law Enforcement Impact Fees. 24-1687 Approved Pass ▶ jump to 148:48
  57. P.8. Public Hearing to consider adoption of a resolution to vacate portions of platted, rights-of-way as shown on the plat of Waverly Manor Town Unit No. 1, and the Plat of Washington Park, Waverly, Florida. Also accept Drainage Easement and Utility Easement to Polk County in conjunction therewith. (No fiscal impact) 24-1632 Approved Pass ▶ jump to 157:33
  58. P.9. Public Hearing to consider adoption of a resolution Allowing for the Installation of Five Traffic Calming Devices (Speed Humps) on Lake Thomas Drive, Near Winter Haven. (estimated $25,000.00 one-time expense) 24-1333 Approved Pass ▶ jump to 160:38
  59. P.10. Public Hearing to consider adoption of a resolution Allowing for the Installation of Five Traffic Calming Devices (Speed Humps) on Lewis Road, Near Lakeland. (estimated $25,000.00 one-time expense) 24-1425 Approved Pass ▶ jump to 169:19
  60. Q. WORK SESSION ITEMS
  61. R. CONSENT AGENDA ITEMS
  62. R. COMMISSIONER DISTRICT 1
  63. R. COMMISSIONER DISTRICT 2
  64. R. COMMISSIONER DISTRICT 3
  65. 61 Minutes
  66. R. COMMISSIONER DISTRICT 4
  67. R. COMMISSIONER DISTRICT 5
  68. R. COUNTY COMPTROLLER
  69. R.1. Audit Report 2024-09 Commercial Waste Franchise Fee follow-up. 24-1533 Approved Pass
  70. R.2. Proposed Fiscal Year 2025 budgets for Crosswinds East, Hamilton Bluff, Peace Creek, Ranches at Lake McLeod, and Weiberg Road Community Development District. 24-1599 Approved Pass
  71. R.3. Removal of equipment from inventory as listed on Blanket Removal Form 2202. 24-1629 Approved Pass
  72. R. COUNTY MANAGER
  73. R. ECONOMIC DEVELOPMENT
  74. R. TOURISM/SPORTS MARKETING
  75. R.4. Approve the second amendment to the Interlocal Agreement with the City of Winter Haven for Tourist Development Tax Funding for improvements to the Chain of Lakes Complex. ($2,861,688.74 additional expense over 20 years) 24-1568 Approved Pass
  76. R. OFFICE OF PLANNING & DEVELOPMENT
  77. R.5. Bimini Bay Townhomes Plat for Conditional Approval. (No fiscal impact) 24-1635 Approved Pass
  78. R.6. Fox Branch Ranch Phase 4 Plat for Conditional Approval. (No fiscal impact) 24-1638 Approved Pass
  79. R.7. Approve the release of a cash surety in the amount of $3,509.00 for Apex Posner Park Apartments. (No fiscal impact) 24-1633 Approved Pass
  80. R.8. Approve the release of a cash surety in the amount of $111,628.22 for Providence N25. (No fiscal impact) 24-1639 Approved Pass
  81. R.9. Approve the release of a warranty and surety in the amount of $390,473.69 in the form of Maintenance Bond No. LICX1977213 for Brentwood Phase 1. (No fiscal impact) 24-1636 Approved Pass
  82. R.10. Consider the adoption of a new Interlocal Agreement between Polk County, Lake County, Orange County, and Osceola County. (No fiscal impact) 24-1637 Approved Pass
  83. R.11. Approve recommended changes to the functional classification of select Polk County roads: C. F. Kinney Road, Southern Avenue and W. Starr Avenue. (No fiscal impact) 24-1646 Approved Pass
  84. R. BUILDING
  85. R. DEPUTY COUNTY MANAGER
  86. R. BUDGET & MANAGEMENT SERVICES
  87. R. PROCUREMENT
  88. R. COMMUNICATIONS
  89. R. COOPERATIVE EXTENSION SERVICES
  90. R. HEALTH & HUMAN SERVICES
  91. R.12. Approve State Housing Initiative Partnership (SHIP) Hurricane Housing Recovery Program (HHRP) rehabilitation/replacement program Homeowner Assistance Agreement and Grant Agreement for property located in Davenport, FL. for Case #DR23-S-IAN-006. ($205,209.20 one-time expense). 24-1528 Approved Pass
  92. R.13. Approve Community Development Block Grant (CDBG) rehabilitation/replacement program Homeowner Assistance Agreement and Grant Agreement for the property located in Winter Haven, FL., for Case #RC24-CDBG-002. ($197,864.70 one-time expense). 24-1614 Approved Pass
  93. R. EQUITY & HUMAN RESOURCES
  94. R. INFORMATION TECHNOLOGY
  95. R. CODE ENFORCEMENT
  96. R. COURT SERVICES
  97. R. RISK MANAGEMENT
  98. R.14. Approve Public Entity General Liability insurance effective October 1, 2024, through September 30, 2025. ($552,800 annual expense) 24-1674 Approved Pass
  99. R.15. Consider approval of the proposed settlement in the matter of Teresa Free v. Polk County Board of County Commissioners; $200,000.00 one-time expense. 24-1676 Approved Pass
  100. R.16. Approve Cyber Risk and Network Security Liability annual insurance policy renewal effective October 1, 2024, through September 30, 2025. ($145,000 annual expense) 24-1675 Approved Pass
  101. R. COMMUNITY HEALTH CARE
  102. R.17. Approve renewal agreement for core public health services with the Florida Department of Health in Polk County. ($380,000 not-to-exceed one-time expense). 24-1595 Approved Pass
  103. R.18. Approve the third amendment to the contract with Volunteers in Service to the Elderly, Inc. for transportation to health care related services. (not to exceed $248,000 annually) 24-1523 Approved Pass
  104. R.19. Authorize the County Manager to execute, on behalf of Polk County, the Low Income Pool (LIP) Program Letters of Agreement (LOAs) with the State of Florida Agency for Health Care Administration as the non-federal/state share of matching funds on or before the deadline of October 1, 2024. (Fiscal impact TBD by the LOAs) 24-1631 Approved Pass
  105. R.20. Approve the second amendment to the contract with Tri-County Human Services, Inc. to provide behavioral health services to eligible low-income county residents. (Total amount not to exceed $700,000 annually.) 24-1576 Approved Pass
  106. R.21. Approve the first amendment to the contract with Peace River Center for Personal Development, Inc. to provide behavioral health services to eligible low-income county residents. (Total amount not to exceed $430,000 annually.) 24-1625 Approved Pass
  107. R.22. Approve agreement with Vistra Communications, LLC for advertising and related marketing services for Indigent Health Care programs. ($100,000.00 estimated annual recurring expense) 24-1683 Approved Pass
  108. R. FACILITIES MANAGEMENT
  109. R. FLEET MANAGEMENT
  110. R. PARKS & NATURAL RESOURCES
  111. R.23. Approve Standard Grant Agreement No. 24PLN59 between Polk County and State of Florida Department of Environmental Protection (FDEP) to fund project called the Polk County Adaptation Plan. (one-time revenue $300,000) 24-1684 Approved Pass
  112. R.24. Approve Seventh Amendment to Encroachment Management Agreement Between United States of America and Conservation Florida and Adding Polk County agreement (no fiscal impact). 24-1565 Approved Pass
  113. R.25. Approve Memorandum of Agreement for Land Acquisition and Management Services (No Fiscal Impact) 24-1567 Approved Pass
  114. R. FIRE RESCUE
  115. R.26. Request the Board approve the Fire Protection and Rescue Services Interlocal Agreement between Polk County and the Seminole Tribe of Florida. 24-1695 Approved Pass
  116. R. EMERGENCY MANAGEMENT
  117. R. REAL ESTATE SERVICES
  118. R.27. Authorize the conveyance of seven County owned parcels to the City of Lakeland. (No fiscal impact) 24-1628 Approved Pass
  119. R.28. Accept Polk County Utilities Easement from Plumbline Investors, LLC, as requested through the Development Review Process. (No fiscal impact) 24-1651 Approved Pass
  120. R.29. Adopt Resolution authorizing negotiations required by §73.015, Florida Statutes to be undertaken by the County Real Estate Services Director and his designated agents, subject to final Board approval, for acquisitions necessitated by new Roads and Drainage CIP Drainage Projects; Creekwater Dr, Carefree Cove, Armstrong Rd/S. Pipkin Rd/Old Medulla Rd. (No fiscal impact) 24-1664 Approved Pass
  121. R.30. Approve master agreements with American Acquisition Group, LLC, Florida Acquisition & Appraisal, Inc., HDR Engineering, Inc., and Independence Acquisition & Appraisal, LLC to perform acquisition services under annual contract. (No fiscal impact) 24-1681 Approved Pass
  122. R. ROADS & DRAINAGE
  123. R.31. Approve Amendment No. 2 to Consultant Services Authorization (CSA) No. 22-088-01 with HNTB Corporation, (Consultant) to provide engineering services for the Cypress Parkway at Lake Marion Creek Road Intersection Improvements Project ($224,042.00 one-time expense). 24-1630 Approved Pass
  124. R.32. Approve Modification No. 1 to Consultant Services Authorization (CSA) No. 2022-094-01 with Patel, Greene & Associates, LLC (Consultant) to provide additional professional services for the Spirit Lake Road Roundabout Project. ($93,232.94 one-time expense) 24-1584 Approved Pass
  125. R. UTILITIES
  126. R.33. Approve agreement with ISI Water Company dba Water Company of America to identify any water, wastewater and reclaimed water misbillings. ($100,000 estimated annual expense) 24-1627 Approved Pass
  127. R. WASTE & RECYCLING
  128. R.34. Approve renewal for Non-Exclusive Commercial Franchise for Fiscal year 2024-25 with Florida Roll-Off Solution LLC. (No Fiscal Impact) 24-1701 Approved Pass
  129. R. ELECTED OFFICIAL AND OTHER GOVERNMENTAL AGENCY
  130. R. COURT RELATED
  131. R. POLK COUNTY PROPERTY APPRAISER
  132. R. POLK COUNTY SHERIFF
  133. R. POLK COUNTY SUPERVISOR OF ELECTIONS
  134. R. POLK COUNTY TAX COLLECTOR
  135. R. WORKFORCE DEVELOPMENT BOARD
  136. R.35. Acknowledge the designation of CareerSource Polk as the local grant subrecipient as part of an agreement between CareerSource Polk and the Florida Department of Commerce and authorize the Chair to sign on behalf of the County. (No fiscal impact.) 24-1702 Approved Pass
  137. R.36. Approve the Polk County Workforce Development Board’s Workforce Services Plan for PY2025-2028 and authorize the Chairman to sign on behalf of the County. (No fiscal impact.) 24-1705 Approved Pass
  138. R. COUNTY ATTORNEY
  139. R.37. Request the Board authorize the filing of a complaint against the City of Lake Wales and the Lake Wales Community Redevelopment Agency (CRA) to challenge the expansion of the CRA boundaries. 24-1704 Approved Pass
  140. R.38. Adopt resolution authorizing binding engineering testimony for the County Road 557 project. 24-1726 Approved Pass
  141. 137 ANNOUNCEMENTS