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Board of County Commissioners

April 16, 2024 ·9:00 AM Final-revised

Board Room

Agenda — 136 items

  1. 1 CALL TO ORDER - 9:00 a.m. (BILL BRASWELL, CHAIR) ▶ jump to 0:18
  2. 1 Rollcall ▶ jump to 0:02
  3. 2 INVOCATION ▶ jump to 0:19
  4. 2 Note ▶ jump to 0:07
  5. 3 Deputy County Manager Joe Halman ▶ jump to 0:22
  6. 3 Note ▶ jump to 0:07
  7. 4 PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR) ▶ jump to 0:49
  8. 4 Rollcall ▶ jump to 0:14
  9. A. PRESENTATIONS and RECOGNITIONS ▶ jump to 1:07
  10. A.1. Reverend Dr. Alex Harper Recognition ▶ jump to 1:09
  11. A.2. Employee Recognition 24-0572 ▶ jump to 11:20
  12. B. CEREMONIAL PROCLAMATIONS
  13. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD ▶ jump to 15:33
  14. C.1. Ella O'Neill - Refuse Collection (Bulk Items). ▶ jump to 15:50
  15. C.2. Comments. ▶ jump to 15:51
  16. D. APPROVE CONSENT AGENDA Approved Pass ▶ jump to 18:11
  17. D.1. Approve Consent Agenda. 24-0518
  18. 14 ELOISE COMMUNITY REDEVELOPMENT AGENCY Approved Pass ▶ jump to 18:37
  19. D.2. Approve Eloise CRA Consent Agenda. 24-0594
  20. E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) ▶ jump to 18:47
  21. E.1. Disbursements. 24-0519 Approved Pass ▶ jump to 19:39
  22. E.2. Minutes of Regular Board meeting held on April 2, 2024. 24-0520 Approved Pass ▶ jump to 19:57
  23. F. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY
  24. G. COUNTY ATTORNEY (RANDY MINK)
  25. H. COUNTY MANAGER (BILL BEASLEY) ▶ jump to 21:26
  26. H.1. Approve a State-Funded Grant Agreement and associated resolution with the Florida Department of Transportation (FDOT) ($3,276,934.00 one-time future revenue) 24-0537 Approved Pass ▶ jump to 25:04
  27. H.2. Approve Right-of-Way Agreement between Catherine S. Hart and Polk County in conjunction with the County Road 557 Project, Parcel 125. ($1,860,625 one-time expense) 24-0575 Approved Pass ▶ jump to 28:12
  28. H.3. Approve Right-of-Way Agreement between Timothy Chancy and Polk County in conjunction with the County Road 557 Project, Parcel 135. ($448,422 one-time expense) 24-0517 Approved Pass ▶ jump to 30:50
  29. H.4. Approve the lnterlocal Agreement between Polk County (County) and the City of Lake Wales (City) for the provision of wholesale wastewater service (County to pay to the City for wastewater capacity in the amount of $1,047,849 and recurring monthly user fees as described in Section 7 of the aforementioned Agreement); budget transfer of $1,047,849 from Northeast Regional Wastewater Treatment Facility Electrical and Communication Network Conversion project (American Rescue Plan Funds) and an amendment to the FY 23/24 Utilities Community Investment Program (CIP) Expansion budget. 24-0585 Approved Pass ▶ jump to 34:21
  30. I. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY) ▶ jump to 34:24
  31. I.1. Commissioner Lindsey Comments. ▶ jump to 34:25
  32. J. COMMISSIONER DISTRICT 2 (RICK WILSON) ▶ jump to 34:26
  33. J.1. Appoint Jacquelyn Codd, Esq. as a member of the Sidewalk Advisory Committee for the remainder of the two-year term ending September 30, 2025. 24-0527 Approved Pass ▶ jump to 34:40
  34. J.2. Commissioner Wilson Comments. ▶ jump to 34:45
  35. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) ▶ jump to 34:46
  36. K.1. Commissioner Santiago Comments. ▶ jump to 34:47
  37. L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) ▶ jump to 34:47
  38. L.1. Commissioner Combee Comments. ▶ jump to 34:48
  39. M. COMMISSIONER DISTRICT 3 (BILL BRASWELL, CHAIR) ▶ jump to 34:49
  40. M.1. Chair Braswell Comments. ▶ jump to 34:50
  41. N. LAY BOARD APPOINTMENTS
  42. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 ▶ jump to 34:57
  43. O.1. Public Hearing (LDCT-2024-2 Townhomes LDC Text Amendment) (Adoption Hearing) to consider the adoption of a County-initiated request to clarify the approval process and development standards for multi-family townhome developments. (No Fiscal Impact). 24-0554 Approved Pass ▶ jump to 38:32
  44. O.2. Public Hearing (LDDRI-2023-3 River Ranch DRI Map H Amendment) (Adoption Hearing) to consider an amendment to the River Ranch Development of Regional Impact (DRI) to add a mixed-use category. (No Fiscal Impact) 24-0555 Approved Pass ▶ jump to 40:05
  45. O.3. Public Hearing (LDWA-2023-74 Hatchineha Road Access Waiver) to consider the approval of an applicant-initiated request for a waiver to LDC Section 705.B necessary to allow the issuance of building permits for up to four (4) single-family homes on property that gains access solely via an easement that exceeds ¼ mile. (No Fiscal Impact) 24-0556 Approved Pass ▶ jump to 42:00
  46. P. PUBLIC HEARINGS ▶ jump to 42:04
  47. P.1. Public Hearing (LDCPAL-2023-9 RCC Text Change CPA) (Adoption Hearing) to consider the adoption of a Large-Scale Comprehensive Plan text amendment to modify Objectives/Policies in the Future Land Use Element related to the Rural Cluster Center Future Land Use District and activity centers. (No Fiscal Impact) 24-0553 Approved Pass ▶ jump to 43:47
  48. P.2. Public Hearing (LDCPAL-2023-13 Septic to Sewer Text Change CPA) (Transmittal 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-2024-24. (No Fiscal Impact) 24-0557 Approved Pass ▶ jump to 53:15
  49. P.3. Public Hearing (LDCT-2023-24 Septic to Sewer) (First Reading) 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. (No Fiscal Impact). 24-0569 ▶ jump to 53:23
  50. P.4. Public Hearing (LDCU-2024-4 North Lakeland Brownfield Designation) to consider the designation of a 22.5-acre site as a Brownfield. (No Fiscal Impact) 24-0604 ▶ jump to 53:44
  51. P.5. Public Hearing to consider adoption of an ordinance calling a referendum on November 5, 2024, for proposed amendment to merge the Efficiency Commission with the Charter Review Commission for expense reduction. 24-0577 Approved Pass ▶ jump to 63:41
  52. P.6. Public Hearing to consider adoption of a Resolution to vacate platted, unopened, and unmaintained right-of-way (alley) shown on Ransone’s Addition to Bradley Junction, Bradley, Florida. (No fiscal impact) 24-0536 Approved Pass ▶ jump to 66:53
  53. P.7. Public Hearing to consider adoption of a Resolution to vacate a portion of platted, unmaintained right-of-way shown as 43rd Street on the Replat of Davenport Terminals in Davenport, Florida. (No fiscal impact) 24-0544 Approved Pass ▶ jump to 69:43
  54. Q. WORK SESSION ITEMS
  55. R. CONSENT AGENDA ITEMS - BOARD OF COUNTY COMMISSIONERS
  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. Removal of equipment from inventory as listed on Blanket Removal Form 2192. 24-0566 Approved Pass
  63. R. COUNTY MANAGER
  64. R. ECONOMIC DEVELOPMENT
  65. R. TOURISM/SPORTS MARKETING
  66. R.2. Approve an Interlocal Agreement with the City of Auburndale for Equipment Donation at Field 6. (No Fiscal Impact) 24-0497 Approved Pass
  67. R. OFFICE OF PLANNING & DEVELOPMENT
  68. R.3. SET HEARING: (LDCPAL-2023-11 US 27 NR SAP ECX) 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. The suggested transmittal date is May 7, 2024, at 9:30 a.m. and the adoption hearing date is September 3, 2024, at 9:30 a.m. 24-0559 Approved Pass
  69. R.4. SET HEARING: (LDCPAL-2023-12 Green Swamp Density Record CPA Text) to change SECTION 2.132-D RURAL SPECIAL PROTECTION AREA (RURAL-SPA) and modifications of POLICY 2.132-D4 and POLICY 2.132-D5. The suggested transmittal date is May 7, 2024, at 9:30 a.m. and the adoption hearing date is September 3, 2024, at 9:30 a.m. 24-0560 Approved Pass
  70. R.5. SET HEARING: (LDCT-2024-3 Recreational Camping Text Amendment) to amend Chapter 3, Section 303, to modify Conditional Use criteria for Recreational Camping and RV Parks, and Chapter 10 to provide a definition for Primitive Camping. The suggested hearing dates are, for the first reading on May 7, 2024, at 9:30 a.m., and the second reading on May 21, 2024, at 9:30 a.m. 24-0561 Approved Pass
  71. R.6. SET HEARING: (LDCT-2024-4 Streets & Pedestrian Safety Text Amendment) to amend Chapter 206, Accessory Uses, to add EV Charging Stations; Chapter 8, Subdivisions, to require speed limits signs on Level 2 plans; and Chapter 10 to provide definitions. The suggested hearing dates are, for the first reading on May 7, 2024, at 9:30 a.m., and the second reading on May 21, 2024, at 9:30 a.m. 24-0562 Approved Pass
  72. R.7. SET HEARING: (LDCT-2024-5 Boat Ramps Amendment) to amend Chapter 3, Section 303, Vehicle-Oriented Recreation. The suggested hearing dates are, for the first reading on May 7, 2024, at 9:30 a.m., and the second reading on May 21, 2024, at 9:30 a.m. 24-0563 Approved Pass
  73. R.8. SET HEARING: (LDCT-2024-6 Vehicle Repair Amendment) to amend Chapter 2, Section 218 to add clarification, Chapter 2, Section 219 to add regulations, and Chapter 10 to add definitions. The suggested hearing dates are, for the first reading on May 7, 2024, at 9:30 a.m., and the second reading on May 21, 2024, at 9:30 a.m. 24-0564 Approved Pass
  74. R. BUILDING
  75. R. DEPUTY COUNTY MANAGER
  76. R. BUDGET & MANAGEMENT SERVICES
  77. R. PROCUREMENT
  78. R. COMMUNICATIONS
  79. R. COOPERATIVE EXTENSION SERVICES
  80. R. HEALTH & HUMAN SERVICES
  81. R.9. Approve State Housing Initiative Partnership (SHIP) Program rehabilitation/replacement Homeowner Assistance Agreement and Grant Agreement for property located in Waverly, FL., for Case# RC23-SHIP-005. ($181,990.00 one-time expense). 24-0524 Approved Pass
  82. R.10. Approve Second Amendment to American Rescue Plan Local Fiscal Recovery Funding Agreement with All Veterans Center, Inc. (No fiscal impact) 24-0535 Approved Pass
  83. R. EQUITY & HUMAN RESOURCES
  84. R. INFORMATION TECHNOLOGY
  85. R.11. Approve agreement with Version 1 for Oracle cloud managed services. ($54,122.73, one-time expense and $383,796.31 estimated average annual recurring expense) 24-0590 Approved Pass
  86. R. CODE ENFORCEMENT
  87. R. COURT SERVICES
  88. R. RISK MANAGEMENT
  89. R. INDIGENT HEALTH CARE
  90. R. FACILITIES MANAGEMENT
  91. R. FLEET MANAGEMENT
  92. R. PARKS & NATURAL RESOURCES
  93. R.12. Consider the recommendation of the Polk County Historical Commission to approve the Legacies in Polk Government Leadership Guidelines and Application. (Estimated $500 Recurring) 24-0455 Approved Pass
  94. R.13. Approve staff to pursue acquisition of sites nominated to the Environmental Lands Program. Conservation Land Acquisition Selection Advisory Committee (CLASAC) recommends pursuing acquisition of EL-119-24, EL-120-24, EL-121-24 and EL-122-24. (no fiscal impact) 24-0587 Approved Pass
  95. R. FIRE RESCUE
  96. R.14. Approve Amendment No. 4 to Contract 14-22, Medical Director Services with Pushpal Banerjee, D. O. ($2,271.00-one time increase) 24-0588 Approved Pass
  97. R.15. Requesting the approval of the initial application of Certificate of Public Convenience and Necessity (COPCN) for GOLOGIX LLC, (No Fiscal Impact) 24-0579 Approved Pass
  98. R. EMERGENCY MANAGEMENT
  99. R. REAL ESTATE SERVICES
  100. R.16. Declare surplus and authorize the private conveyance of the County’s interest in Parcel ID Number 242822-000000-041015 to Hulbert Homes, Inc. ($1,618 one-time revenue) 24-0574 Approved Pass
  101. R.17. Accept an Access Easement from The District Board of Trustees of Polk State College, in conjunction with the Eaton Park Fire Station. (No fiscal impact) 24-0526 Approved Pass
  102. R.18. Approve Lease Agreement between Willow Oak Volunteer Fire Department, Inc. and Polk County. (No fiscal impact) 24-0552 Approved Pass
  103. R.19. Adopt Resolutions of Necessity for multiple parcels authorizing condemnation for transportation improvements to County Road 557, Project No. 5400135. (No fiscal impact) 24-0565 Approved Pass
  104. R.20. Adopt Resolution of Necessity authorizing condemnation for transportation improvements to the intersection of County Road 54 at Heritage Pass, Project No. 5400192. (No fiscal impact) 24-0512 Approved Pass
  105. R.21. Accept Quit Claim Deed and Public Drainage and Utilities Easement from Maronda Homes, LLC of Florida, for additional right-of-way and public easement along, and associated with, Athabasca Court. (No fiscal impact) 24-0510 Approved Pass
  106. R.22. Accept Special Warranty Deed from Hartford Terrace Community Development District, for additional rights-of-way along Forest Lake Drive and Holly Hill Road. (No fiscal impact) 24-0532 Approved Pass
  107. R.23. Accept instruments for additional rights-of-way along E.F. Griffin Road, T.S. Wilson Road, and Lake Deer Drive South as requested through the Development Review Process. (No fiscal impact) 24-0578 Approved Pass
  108. R. ROADS & DRAINAGE
  109. R.24. Approve Consultant Services Authorization (CSA) No. 22-081-03 with AECOM Technical Services, Inc. (Consultant) to provide Construction Engineering & Inspection (CEI) services for the SR 60 @ 80 Foot Road Intersection Improvement Project, CIP Amendment and budget transfer. ($197,522.25 one-time expense) 24-0547 Approved Pass
  110. R.25. Approve Consultant Services Authorization (CSA) No. 22-081-04 with AECOM Technical Services, Inc. (Consultant) to provide temporary staff to the Roads & Drainage Division, Project Management Section. ($192,000.00 one-time expense) 24-0546 Approved Pass
  111. R.26. Approve Consultant Services Authorization (CSA) No. 22-095-02 with Rummel, Klepper & Kahl, LLP (Consultant) for design services for the W. Socrum Loop/N. Campbell Rd./Old Dade City Rd. Sidewalk Project. ($129,490.00 one-time expense) 24-0567 Approved Pass
  112. R.27. Adopt a Resolution Setting Parking Restrictions on Connie Lee Court, Larry Road, Leitha Way, Lindale Street and Victor Road, near Lakeland ($2,322.10 one-time expense) 24-0545 Approved Pass
  113. R.28. Approve Interlocal Agreement between Polk County and the City of Davenport (City) for the North Lake Fitness Trail Project. (no fiscal impact) 24-0538 Approved Pass
  114. R.29. Approve a Hold Harmless Agreement between Polk County and Kimley-Horn and Associates, Inc. for Thompson Nursery Road Extension. 24-0568 Approved Pass
  115. R. UTILITIES
  116. R. WASTE & RECYCLING
  117. R. ELECTED OFFICIAL AND OTHER GOVERNMENTAL AGENCY
  118. R. COURT RELATED
  119. R. POLK COUNTY PROPERTY APPRAISER
  120. R. POLK COUNTY SHERIFF
  121. R. POLK COUNTY SUPERVISOR OF ELECTIONS
  122. R. POLK COUNTY TAX COLLECTOR
  123. R. SUPERINTENDENT OF POLK COUNTY SCHOOLS
  124. R.30. Approve distribution of funds from the Driver Education Trust Fund to the Polk County School Board for use in its driver education safety program. ($292,103.53 recurring revenue and expense) 24-0570 Approved Pass
  125. R. WORKFORCE DEVELOPMENT BOARD
  126. R. COUNTY ATTORNEY
  127. R.31. SET PUBLIC HEARING to consider adoption of an ordinance amending Polk County Ordinance 2022-029, the Polk County Local Provider Participation Fund Ordinance. (Suggested hearing date is May 7, 2024, at 9:00 a.m. or soon thereafter). 24-0573 Approved Pass
  128. R.32. Authorize the filing of appeal in the case of Florida PACE Funding Agency v. State of Florida, et al. (2022CA-1562) filed in the Circuit Court of the Second Judicial Circuit, In and for Leon County, Florida. 24-0614 Approved Pass
  129. R.33. Authorize the Chair to execute a letter in support of SB 770 (2024). 24-0618 Approved Pass
  130. R.34. Closure and discontinuance of operations of the Rohr Home (no fiscal impact) 24-0617 Approved Pass
  131. R.35. Adopt resolution repealing the Use Policy for County Administration Building adopted on June 27, 2000. 24-0619 Approved Pass
  132. S. CONSENT AGENDA ITEMS - ELOISE COMMUNITY REDEVELOPMENT AGENCY
  133. S.1. Appoint Juanita (Janie) Torres to the Eloise Community Redevelopment Agency Advisory Committee for the three-year term commencing on April 16, 2024 and ending on April 16, 2027. (No fiscal impact) 24-0548 Approved Pass
  134. S.2. Appoint Bobby Williams to the Eloise Community Redevelopment Agency Advisory Committee for the three-year term commencing on April 16, 2024 and ending on April 16, 2027. (No fiscal impact) 24-0549 Approved Pass
  135. S.3. Approve the Eloise Community Redevelopment Agency meeting minutes from August 8, 2023 and October 17, 2023 CRA Board meetings. 24-0606 Approved Pass
  136. 132 ANNOUNCEMENTS