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Board of County Commissioners

September 3, 2024 ·9:00 AM Final-revised

Board Room

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 137 items

  1. 1 CALL TO ORDER - 9:00 a.m. (BILL BRASWELL, CHAIR) ▶ jump to 0:29
  2. 1 Rollcall ▶ jump to 0:16
  3. 2 INVOCATION ▶ jump to 0:31
  4. 2 Note ▶ jump to 0:24
  5. 3 Dr. William DeHart, Chaplain, Polk County Fire Rescue ▶ jump to 0:46
  6. 3 Note ▶ jump to 0:25
  7. 4 PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR) ▶ jump to 1:33
  8. A. PRESENTATIONS and RECOGNITIONS
  9. B. CEREMONIAL PROCLAMATIONS
  10. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD ▶ jump to 1:58
  11. C.1. Joshua Macon - Drainage/Flooding Issue in Eagle Lake ▶ jump to 2:09
  12. C.2. Comments. Approved Pass ▶ jump to 18:55
  13. D. APPROVE CONSENT AGENDA Approved Pass ▶ jump to 31:46
  14. D.1. Approve Consent Agenda 24-1468 Approved Pass ▶ jump to 31:56
  15. E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) ▶ jump to 32:04
  16. E.1. Disbursements. 24-1466 Approved Pass ▶ jump to 32:48
  17. 13 Comments. ▶ jump to 18:55
  18. E.2. Minutes of Regular Board meeting held on August 20, 2024. 24-1467 Approved Pass ▶ jump to 33:06
  19. F. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY
  20. G. COUNTY ATTORNEY (RANDY MINK)
  21. H. COUNTY MANAGER (BILL BEASLEY) ▶ jump to 33:35
  22. H.1. Approve Interlocal Agreement for Countywide Transit System with the Lakeland Area Mass Transit District ($4,178,000 expense) 24-1358 Approved Pass ▶ jump to 36:20
  23. H.2. Approve the Hatchineha Ranch Mitigation Bank Credit Purchase and Deposit Agreement with The Nature Conservancy to purchase 3.47 State Only Forested Uniform Mitigation Assessment Method (UMAM) credits to offset wetland impacts associated with the proposed development of a project known as Marigold Avenue Widening Project, CIP Amendment and Budget Transfer ($433,750.00 one-time expense/transfer) 24-1401 Approved Pass ▶ jump to 45:17
  24. H.3. Approval of Amendment to Agreement between the Polk Regional Water Cooperative (PRWC) and Polk County for the PRWC Heartland Protection and Sustainability Project, Polk County Alternative Water Supply Receiving Facilities (Project 6), for which the Florida Department of Environmental Protection (FDEP) awarded state funds via grant Agreement Number LPA0212 (not to exceed $416,098 reimbursable expenses). 24-1473 Approved Pass ▶ jump to 48:21
  25. H.4. Approval of Amendment No. 1 to Spectrum Enterprise Service Agreement between Polk County and Charter Communications Operating, LLC and two associated service orders for a fiber optic-based Internet service solution to 28 water and wastewater treatment locations (estimated $200,000 annual recurring and one-time $7,000 installation costs). 24-1478 Approved Pass ▶ jump to 50:31
  26. I. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY) ▶ jump to 50:43
  27. I.1. Commissioner Lindsey Comments. ▶ jump to 50:44
  28. J. COMMISSIONER DISTRICT 2 (RICK WILSON) ▶ jump to 50:45
  29. J.1. Reappoint Brooke Agnini as a Member (Seat 5) of the Planning Commission for the three-year term, October 25, 2024 through October 24, 2027. 24-1455 Approved Pass ▶ jump to 50:54
  30. J.2. Commissioner Wilson Comments. ▶ jump to 51:05
  31. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) ▶ jump to 51:06
  32. K.1. Commissioner Santiago Comments. ▶ jump to 51:07
  33. L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) ▶ jump to 51:08
  34. L.1. Commissioner Combee Comments. ▶ jump to 51:09
  35. M. COMMISSIONER DISTRICT 3 (BILL BRASWELL, CHAIR) ▶ jump to 63:19
  36. M.1. Reappoint Clifton Garcia as a member of the Sidewalk Advisory Committee for the three-year term, October 1, 2024 through September 30, 2027. 24-1505 Approved Pass ▶ jump to 63:38
  37. M.2. Chair Braswell Comments. ▶ jump to 63:47
  38. N. LAY BOARD APPOINTMENTS ▶ jump to 63:49
  39. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 ▶ jump to 63:51
  40. O.1. Public Hearing (LDCPAL-2024-2 Wahneta “Main Street Commercial” CPA Amendment Overlay) (Transmittal Hearing) to allow neighborhood commercial uses in residential and institutional land use designations. (No Fiscal Impact)..body 24-1497 Approved Pass ▶ jump to 67:45
  41. O.2. Public Hearing (LDCPAL-2023-11 US 27 NR SAP ECX) (Adoption Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 29.69+/- acres from Professional Institution-X (PIX) to Employment Center-X (ECX) and amend Policy 2.131-Q4, M, c (a) to delete the new driveway access prohibition to US 27 within the Transit Supportive Development Area (TSDA), Transit Corridor and Transit Center of the Transit Centers and Corridors Overlay. (No Fiscal Impact) 24-1509 Approved Pass ▶ jump to 68:54
  42. O.3. Public Hearing (LDCPAS-2024-8 Banana Lake ROS) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Residential Suburban (RS) to Recreation Open Space (ROS) on ±8.82 acres, within the Suburban Development Area (SDA). (No Fiscal Impact) 24-1498 Approved Pass ▶ jump to 70:14
  43. O.4. Public Hearing (LDCPAS-2024-9 CR 540A ROS) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Residential Low (RL) to Recreation Open Space (ROS) on ±39 acres, within the Transit Supportive Development Area (TSDA). (No Fiscal Impact) 24-1499 Approved Pass ▶ jump to 71:00
  44. O.5. Public Hearing (LDCT-2024-11 LDC Chapter 9 Text Amendment) (Adoption Hearing) to amend multiple sections of Chapter 9 (No Fiscal Impact). 24-1500 Approved Pass ▶ jump to 71:47
  45. O.6. Public Hearing (LDCT-2024-16 W Pipkin Road Text Amendment) to modify Appendix E, (subsection F.) the original conditional requirements (1st Reading). (No Fiscal Impact) 24-1514 ▶ jump to 71:56
  46. O.7. Public Hearing (LDCT-2024-15 Access via Easement Text Amendment) (First Reading) to modify LDC Section 705.B for access via easement. (No Fiscal Impact). 24-1512 ▶ jump to 72:35
  47. O.8. Public Hearing (LDCT-2024-12 SPD Changes Text Amendment) (First Reading) 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). 24-1513 ▶ jump to 73:24
  48. P. PUBLIC HEARINGS ▶ jump to 74:06
  49. P.1. Public Hearing to consider adoption of an ordinance amending Polk County Ordinance 2018-073, the Polk County Government’s Retiree Insurance Benefits Ordinance, as amended. (Estimated initial range of savings to the County is between $46,000 and $185,000) 24-1508 Approved Pass ▶ jump to 79:49
  50. P.2. Public Hearing to consider adoption of an ordinance amending Polk County Ordinance 13-069 to address residential recycling collection changes. 24-1459 Approved Pass ▶ jump to 80:24
  51. P.3. Public Hearing to consider adoption of an Assessment Resolution setting the rate of collection and approval of the Non-Ad Valorem Assessment Roll for the 2024 Local Provider Participation Fund special assessment, and authorizing the County Manager to execute Letters of Agreement with the State of Florida Agency for Health Care Administration. (no fiscal impact) 24-1525 Approved Pass ▶ jump to 78:46
  52. P.4. Public Hearing to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption to an expanding business, Publix Super Markets, Inc., and approval of a Performance Agreement with the company. 24-1507 Approved Pass ▶ jump to 82:21
  53. P.5. Approve Polk County Bonus Incentive (PCBI) Grant for Project Pomelo, an existing company in Lakeland. ($250,000 expense over seven years) 24-1456 Approved Pass ▶ jump to 83:48
  54. Q. WORK SESSION ITEMS ▶ jump to 83:58
  55. Q.1. Impact Fee 2nd Work Session (Extraordinary Circumstances) - 10:00 a.m. ▶ jump to 83:59
  56. R. CONSENT AGENDA ITEMS
  57. R. COMMISSIONER DISTRICT 1
  58. R. COMMISSIONER DISTRICT 2
  59. R. COMMISSIONER DISTRICT 3
  60. R. COMMISSIONER DISTRICT 4
  61. R. COMMISSIONER DISTRICT 5
  62. R. COUNTY COMPTROLLER
  63. R.1. Proposed Fiscal Year 2025 budget for Lakeside Landings Community Development District. 24-1469 Approved Pass
  64. R.2. Removal of equipment from inventory as listed on Blanket Removal Form 2201. 24-1504 Approved Pass
  65. R. COUNTY MANAGER
  66. R.3. Approve an Agreement with Anfield Consulting, Inc. for lobbying services for fiscal year 2025. ($240,000 one-time expense) 24-1441 Approved Pass
  67. R.4. Approve federal lobbying contract for Holland & Knight LLP. ($114,000 one-time expense) 24-1496 Approved Pass
  68. R. ECONOMIC DEVELOPMENT
  69. R. TOURISM/SPORTS MARKETING
  70. R. OFFICE OF PLANNING & DEVELOPMENT
  71. R.5. SET HEARING: (LDCPAS-2024-5 W Pipkin Rd INST CPA) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 1.22 +/- acres from Business Park Center (BPC) to Institutional (INST) in the Transit Supportive Development Area (TSDA). The suggested adoption hearing date is September 17, 2024, at 9:15 a.m. 24-1501 Approved Pass
  72. R.6. SET HEARING: (LDCPAS-2024-10 Shepherd Road CPA) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 1.7 +/- acres from Residential Low (RL) to Residential High (RH) in the Transit Supportive Development Area (TSDA). The suggested adoption hearing date is September 17, 2024, at 9:15 a.m. 24-1502 Approved Pass
  73. R.7. SET HEARING: (LDCT-2024-14 US 27 SAP Town Center-X) to add Car Wash, Full-Service to Table 4.8. The suggested hearing dates are for the first reading on September 17, 2024, at 9:15 a.m., and the second reading on October 1, 2024, at 9:15 a.m. 24-1503 Approved Pass
  74. R.8. SET 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. Suggested hearing date is September 17, 2024, at 9:00 a.m. (No fiscal impact) 24-1517 Approved Pass
  75. R.9. SET HEARING (LDCDD-2024-4 Lake Ashton II CDD Boundary Amendment) to consider the adoption of an applicant-initiated ordinance to modify an existing Community Development District (CDD) in the cities of Lake Wales and Winter Haven. Suggested hearing date is September 17, 2024, at 9:00 a.m. (No fiscal impact) 24-1518 Approved Pass
  76. R.10. SET 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 adopting the 2024 Comprehensive Impact Fee Update Study and imposing updated rates for Emergency Medical System (EMS), Correctional Facilities, Educational System, Library, Park, Fire Rescue, and Law Enforcement Impact Fees. (Suggested hearing date is September 17, 2024, at 9:00 a.m.) 24-1566 Approved Pass
  77. R.11. Flora Lake Hill View Plat for Conditional Approval. (No fiscal impact) 24-1486 Approved Pass
  78. R.12. Fox Branch Ranch Phases 1B and 3 Plat for Conditional Approval. (No fiscal impact) 24-1487 Approved Pass
  79. R.13. Approve the release of a cash surety in the amount of $2,347.00 for 9-2698 McDonald's Davenport. (No fiscal impact) 24-1483 Approved Pass
  80. R.14. Approve the release of a cash surety in the amount of $6,871.50 for BJ’s Wholesale Club. (No fiscal impact) 24-1485 Approved Pass
  81. R.15. Approve the release of a warranty and surety in the amount of $128,172.32 in the form of Maintenance Bond No. S-336776 for South Haven. (No fiscal impact) 24-1490 Approved Pass
  82. R.16. Approve the release of a warranty and surety in the amount of $6,222.00 in the form of Maintenance Bond No. CIC1926694 for Swiss Valley Estates Phase 1. (No fiscal impact) 24-1491 Approved Pass
  83. R.17. Accept Heartland Dental potable water utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) 24-1488 Approved Pass
  84. R.18. Accept a one-year warranty and cash surety in the amount of $1,555.00 for Heartland Dental. (No fiscal Impact) 24-1489 Approved Pass
  85. R. BUILDING
  86. R. DEPUTY COUNTY MANAGER
  87. R. BUDGET & MANAGEMENT SERVICES
  88. R. PROCUREMENT
  89. R. COMMUNICATIONS
  90. R. COOPERATIVE EXTENSION SERVICES
  91. R. HEALTH & HUMAN SERVICES
  92. R.19. Approve First Amendment to American Rescue Plan Local Fiscal Recovery Funding Agreement with Lake Wales Care Center. (No fiscal impact) 24-1443 Approved Pass
  93. R. EQUITY & HUMAN RESOURCES
  94. R. INFORMATION TECHNOLOGY
  95. R.20. Approve, and ratify County Manager’s prior execution of, State of Florida Government Cybersecurity Grant Program (No fiscal impact) 24-1463 Approved Pass
  96. R. CODE ENFORCEMENT
  97. R. COURT SERVICES
  98. R. RISK MANAGEMENT
  99. R. COMMUNITY HEALTH CARE
  100. R. FACILITIES MANAGEMENT
  101. R. FLEET MANAGEMENT
  102. R. PARKS & NATURAL RESOURCES
  103. R.21. Approve the Purchase Agreement that allows for Polk County to acquire from East Flagler Mosquito Control District a helicopter for mosquito control operations. ($800,000 Onetime Expenditure) 24-1529 Approved Pass
  104. R. FIRE RESCUE
  105. R.22. Requesting the approval of initial application of Certificate of Public Convenience and Necessity (COPCN) for Metro EMS Ambulance Services, LLC (No fiscal impact) 24-1213 Approved Pass
  106. R.23. This request is for approval to change the name on the Certificate of Public Convenience and Necessity (COPCN) from “Affordable Transport, Inc.” to “MedFleet LLC, dba ATI Ambulance.” 24-1336 Approved Pass
  107. R. EMERGENCY MANAGEMENT
  108. R. REAL ESTATE SERVICES
  109. R.24. SET HEARING to consider requests to vacate platted and unmaintained rights-of-way shown on the map of Holly Hill Addition to Loughman, Roy A. Miller’s Subdivision at Loughman, plat of Waverly Manor Town Unit No. 1, plat of Washington Park, Waverly and the map of Crosby’s Addition to Loughman. (Suggested hearing date is September 17, 2024 at 9:00 a.m or immediately following the regular agenda) 24-1482 Approved Pass
  110. R.25. Request Board approve additional deviation from the current Policy for Establishing Pricing Structure for County Owned Surplus Property Not Sold at Initial Public Bid in conjunction with county-owned Parcel ID Number 272617-000000-044010. 24-1453 Approved Pass
  111. R.26. Declare surplus and authorize the public sale of County’s interest in Parcel ID Number 292912-000000-043010, together with and adjacent platted park. (Potential for $159,000 or greater, one-time revenue) 24-1457 Approved Pass
  112. R.27. Request Board approve the agreement with American Acquisition Group, LLC to provide acquisition services for drainage projects ($120,000.00 one-time expense from American Rescue Plan Funds). 24-1465 Approved Pass
  113. R.28. Authorize the County Attorney’s Office or outside counsel to stipulate to a final judgment for Parcels 105 and 106 in the case of Polk County v. Sean Daniel Freemen, et al, an eminent domain lawsuit filed to acquire needed rights-of-way for the County Road 557 Project. Also authorize the conveyance of the County’s interest in remnant Parcel 301-R in conjunction therewith. ($38,300 one-time expense) 24-1495 Approved Pass
  114. R.29. Accept Quit Claim Deed from GLK Real Estate, LLC, a Florida limited liability company, for additional right-of-way along Baker Dairy Road. (No fiscal impact) 24-1494 Approved Pass
  115. R.30. Accept instruments for additional right-of-way along Eloise Loop Road, Macon Road, Swindell Road and Alderman Road as requested through the Development Review Process. (No fiscal impact) 24-1511 Approved Pass
  116. R.31. Accept Polk County Utilities Easement from GE Investments of Polk, LLC, as requested through the Development Review Process. (No fiscal impact) 24-1522 Approved Pass
  117. R. ROADS & DRAINAGE
  118. R.32. SET HEARING to Consider Adopting a Resolution Allowing for the Installation of Traffic Calming Devices (Speed Humps) on Lewis Road, Near Lakeland. (Suggested Hearing Date: Tuesday, September 17, 2024, at 9:15 a.m.) (No fiscal impact) 24-1424 Approved Pass
  119. R.33. Approve a State-Funded Grant Agreement and associated resolutions with the Florida Department of Transportation (FDOT). ($3,276,934.00 one-time revenue) 24-1444 Approved Pass
  120. R.34. Approve Consultant Services Authorization (CSA) No. 2022-091-03 with Kisinger, Campo & Associates, Corp. (Consultant) to provide design services for the Colbert Road Sidewalk Project. ($198,853.31 one-time expense) 24-1458 Approved Pass
  121. R.35. Approve Modification No. 2 to Consultant Services Authorization (CSA) No. 17-059-06 between Jacobs Engineering Group, Inc. (Consultant) and Polk County for additional design services for the Swindell Road at Galloway Road Intersection Alignment Study ($112,785.70 one-expense). 24-1454 Approved Pass
  122. R.36. Approve new Subscription Agreement with Agile Assets, Inc. (a Trimble company) for the consolidated licenses of the Pavement Analyst, Structures Inspector, Structures Analyst, and Maintenance Manager software previously authorized by the County Manager on July 20, 2021, (subscription fee of $81,202.50 for remainder of year one, $116,931.60 for year two, and $126,285.42 for year three, for a period not to exceed three (3) years). 24-1464 Approved Pass
  123. R.37. Adopt a Resolution Setting Parking Restrictions on Petes Lane, near Davenport. ($776.23 one-time expense) 24-1480 Approved Pass
  124. R.38. Adopt a Resolution Setting Parking Restrictions on Victoria Lane, near Haines City. ($131.10 one-time expense) 24-1479 Approved Pass
  125. R. UTILITIES
  126. R. WASTE & RECYCLING
  127. R. ELECTED OFFICIAL AND OTHER GOVERNMENTAL AGENCY
  128. R. COURT RELATED
  129. R. POLK COUNTY PROPERTY APPRAISER
  130. R. POLK COUNTY SHERIFF
  131. R. POLK COUNTY SUPERVISOR OF ELECTIONS
  132. R. POLK COUNTY TAX COLLECTOR
  133. R. WORKFORCE DEVELOPMENT BOARD
  134. R.39. Approve the 2024-2025 Polk County Workforce Development Board d/b/a CareerSource Polk’s Final Budget. (No fiscal impact) 24-1506 Approved Pass
  135. R. COUNTY ATTORNEY
  136. R.40. SET HEARING to consider the adoption of an Ordinance of the Polk County Board of County Commissioners limiting code enforcement and/or building division action for certain Construction on property in unrecorded subdivisions. SUGGESTED HEARING DATE: October 1, 2024, at 9:00 a.m. 24-1535 Approved Pass
  137. 133 ANNOUNCEMENTS