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Board of County Commissioners

March 5, 2024 ·9:00 AM Final-revised

Board Room

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 131 items

  1. 1 CALL TO ORDER - 9:00 a.m. (BILL BRASWELL, CHAIR) ▶ jump to 0:18
  2. 1 Rollcall ▶ jump to 0:03
  3. 2 INVOCATION ▶ jump to 0:19
  4. 2 Note ▶ jump to 0:09
  5. 3 Bill Dehart, Polk County Fire Rescue Chaplain ▶ jump to 0:23
  6. 3 Note ▶ jump to 0:09
  7. 4 PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR) ▶ jump to 1:00
  8. 4 Rollcall ▶ jump to 0:14
  9. A. PRESENTATIONS and RECOGNITIONS
  10. B. CEREMONIAL PROCLAMATIONS
  11. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD ▶ jump to 1:19
  12. C.1. Comments. ▶ jump to 1:25
  13. D. APPROVE CONSENT AGENDA ▶ jump to 1:30
  14. D.1. Approve Consent Agenda. 24-0269 Approved Pass ▶ jump to 1:38
  15. E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) ▶ jump to 1:46
  16. E.1. Disbursements. 24-0270 Approved Pass ▶ jump to 2:40
  17. E.2. Minutes of Regular Board meeting held on February 20, 2024. 24-0271 Approved Pass ▶ jump to 2:58
  18. F. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY
  19. G. COUNTY ATTORNEY (RANDY MINK) ▶ jump to 3:02
  20. G.1. One College Place II Plat for Conditional Approval. (No fiscal impact) 24-0279 Approved Pass ▶ jump to 3:34
  21. H. COUNTY MANAGER (BILL BEASLEY) ▶ jump to 3:46
  22. H.1. Approve the contract with Central Florida Health Care, Inc. (CFHC) for the proposed build of a new community health center in Dundee. (Total amount not to exceed $3,000,000) 24-0326 Approved Pass ▶ jump to 6:10
  23. H.2. Approve the contract with Central Florida Health Care, Inc. (CFHC) for the proposed build of a new community health center in Lakeland. (Total amount not to exceed $3,000,000) 24-0323 Approved Pass ▶ jump to 10:58
  24. H.3. Approve the first amendment to the contract with the Tenth Judicial Circuit Court of Florida for the Behavioral Health Court (BHC) Program. (Total amount not to exceed: $319,164 for FY 23/24, $335,122 for FY 24/25, $351,878 for FY 25/26, $369,472 for FY 26/27, and $387,946 for FY 27/28) 24-0339 Approved Pass ▶ jump to 14:13
  25. H.4. Approve agreement with RDK Assets, Inc. dba RDK Truck Sales (RDK) for long term waste collection truck leases. ($956,000.00 annual estimated recurring expense) 24-0329 Approved Pass ▶ jump to 17:21
  26. H.5. Approve agreement with Inspire Placemaking Collective, Inc. to update the Polk County Comprehensive Plan. ($560,523.00 one-time expense) 24-0302 Approved Pass ▶ jump to 20:16
  27. I. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY) ▶ jump to 20:44
  28. I.1. Commissioner Lindsey Comments. ▶ jump to 20:45
  29. J. COMMISSIONER DISTRICT 2 (RICK WILSON) ▶ jump to 20:46
  30. J.1. Commissioner Wilson Comments. ▶ jump to 20:47
  31. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) ▶ jump to 20:48
  32. K.1. Commissioner Santiago Comments. ▶ jump to 20:49
  33. L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) ▶ jump to 20:53
  34. L.1. Commissioner Combee Comments. ▶ jump to 20:54
  35. M. COMMISSIONER DISTRICT 3 (BILL BRASWELL, CHAIR) ▶ jump to 20:55
  36. M.1. Chair Braswell Comments. ▶ jump to 20:55
  37. N. LAY BOARD APPOINTMENTS
  38. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 ▶ jump to 22:16
  39. O.1. Public Hearing (LDCT-2023-14 US 27 SAP RACX Storage & Car Wash) (Adoption Hearing) to consider the adoption of a request to add “Self-Storage Facility” and “Full-Service Car Wash” to the Use Table for the Regional Activity Center (RACX) land use district in the US 27 Selected Area Plan (SAP). (No Fiscal Impact). 24-0297 Approved Pass ▶ jump to 26:18
  40. O.2. Public Hearing (LDCT-2023-19 Housing LDC Text Amendment) (First Reading) to consider the adoption of a County-initiated request to alleviate certain administrative burdens on citizens to develop and use individual lots, reduce the levels of review for certain uses, and provide clarity for citizens and staff when applying existing conditional use standards. (No Fiscal Impact). 24-0298 ▶ jump to 26:23
  41. O.3. Public Hearing (LDCT-2023-20 Mining Inspection Text Amendment) (First Reading) to consider the adoption of a Text Amendment to change the responsibility of performing annual mining inspections from Code Enforcement to Land Development. (No Fiscal Impact) 24-0314 ▶ jump to 27:08
  42. P. PUBLIC HEARINGS ▶ jump to 27:53
  43. P.1. Public Hearing to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption to a new business, D.R. Horton, Inc., and approval of a Performance Agreement with the company. 24-0330 Approved Pass ▶ jump to 33:29
  44. P.2. Public Hearing to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption to a new business, NVR, Inc., and approval of a Performance Agreement with the company. 24-0334 Approved Pass ▶ jump to 35:25
  45. P.3. Economic Development Impact Fee Mitigation Agreement with NVR, Inc. (estimated $67,077 impact fee revenue loss) 24-0335 Approved Pass ▶ jump to 37:02
  46. Q. WORK SESSION ITEMS
  47. R. CONSENT AGENDA ITEMS
  48. R. COMMISSIONER DISTRICT 1
  49. R. COMMISSIONER DISTRICT 2
  50. R. COMMISSIONER DISTRICT 3
  51. R. COMMISSIONER DISTRICT 4
  52. R. COMMISSIONER DISTRICT 5
  53. R. COUNTY COMPTROLLER
  54. R.1. Audit Report 2024-02 Code Enforcement Fees. 24-0272
  55. R.2. Removal of equipment from inventory as listed on Blanket Removal Form 2189. 24-0282
  56. R. COUNTY MANAGER
  57. R. ECONOMIC DEVELOPMENT
  58. R. TOURISM/SPORTS MARKETING
  59. R. OFFICE OF PLANNING & DEVELOPMENT
  60. R.3. SET HEARING: (LDCD-2023-10 Lunn Road Subdistrict) to consider the adoption of a Sub-District Change from Residential Low-1 (RL-1) to Residential Low-3 (RL-3) on 2.71 +/- acres in the Transit Supportive Development Area (TSDA). The suggested adoption hearing date is March 19, 2024, at 9:30 a.m. 24-0287
  61. R.4. SET HEARING: (LDCD-2023-14 Drane Field/Hamilton Road Subdistrict) to consider the adoption of a Sub-District Change from Business Park Center-1 (BPC-1) to Business Park Center-2 (BPC-2) on 29+/- acres in the Urban Growth Area (UGA). The suggested adoption hearing date is March 19, 2024, at 9:30 a.m. 24-0288
  62. R.5. SET HEARING: (LDCPAS-2023-11 Providence N27 CAC CPA) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 7.48+/- acres from Preservation-X (PRES-X) to Community Activity Center-X (CAC-X) in the Urban Growth Area (UGA), Transit Corridors and Centers Overlay (TCCO) and Ronald Reagan Selected Area Plan (SAP). The suggested adoption hearing date is March 19, 2024, at 9:30 a.m. 24-0290
  63. R.6. SET HEARING: (LDCPAS-2023-21 Rifle Range Road RacTrac HIC CPA) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 13.56+/- acres from Agricultural/Rural Residential-X (A/RR-X) to High Impact Commercial-X (HIC-X) in the Rural Development Area (RDA), Transit Corridors and Centers Overlay (TCCO), Gateway Selected Area Plan (SAP). The suggested adoption hearing date is March 19, 2024, at 9:30 a.m. 24-0292
  64. R.7. SET HEARING: (LDCPAS-2023-28 Lake Marion ROS CPA) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 32.02+/- acres from Poinciana Pre-Development of Regional Impact (PRE-DRI #1) to Recreation Open Space (ROS) in the Rural Development Area (RDA). The suggested adoption hearing date is March 19, 2024, at 9:30 a.m. 24-0293
  65. R.8. SET HEARING: (LDCPAS-2023-31 Fox Lake Drive CPA) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 0.62+/- acres from Linear Commercial Corridor (LCC) to Residential Medium (RM) in the Transit Supportive Development Area (TSDA). The suggested adoption hearing date is March 19, 2024, at 9:30 a.m. 24-0294
  66. R.9. SET HEARING: (LDDRI-2023-1 Providence NOPC) to consider the expansion of the N-27 commercial area (related to LDCPAS-2023-11), summarization of the residential and commercial unit counts within the Neighborhoods and extend the buildout dates of Phase I and Phase II on 2,300+/- acres in the Urban Growth Area (UGA), Transit Corridors and Centers Overlay (TCCO) and Ronald Reagan Selected Area Plan (SAP). The suggested adoption hearing date is March 19, 2024, at 9:30 a.m. 24-0295
  67. R.10. SET HEARING (Auburndale JPA) to consider the re-adoption of a Joint Planning Area (JPA) Interlocal Agreement between the City of Auburndale and Polk County. Suggested hearing date is March 19, 2024, at 9:30 a.m. (No fiscal impact). 24-0327
  68. R.11. Alturas Babson Park Plat for Conditional Approval. (No fiscal impact) 24-0274
  69. R.12. Champions Crossing - Replat #1 Plat for Conditional Approval. (No fiscal impact) 24-0275
  70. R.13. Millstone Plat for Conditional Approval. (No fiscal impact) 24-0278
  71. R.14. Accept a one-year warranty and surety in the amount of $40,616.00 in the form of Maintenance Bond No. CIC1936116 TLE Daycare Center. (No fiscal Impact) 24-0283
  72. R.15. Accept an additional warranty and surety in the amount of $10,000.00 in the form of Maintenance Bond No. 301280C for Culver’s Christina. (No fiscal Impact) 24-0276
  73. R.16. Accept Performance Surety in the amount of $22,203.50 in the form of Performance Bond No. 100221899 for WMG Sandmine (aka Heartland Dental and Chipotle). (No fiscal impact) 24-0286
  74. R.17. Accept Performance Surety in the amount of $1,230,727.10 in the form of Performance Bond No. 72BSBIY2461 Ross Creek. (No fiscal impact) 24-0280
  75. R.18. Accept Performance Surety in the amount of $319,864.96 in the form of Performance Bond No. 024273476 for Wilder Pines. (No fiscal impact) 24-0285
  76. R.19. Accept Performance 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) 24-0301
  77. R.20. 1st Amendment to Power Line Road - Northern Extension Phase 1 Infrastructure Agreement. 24-0273
  78. R.21. Accept Standby Letter of Credit No. 754018532-L001 as required by the Wynnstone, Cascades & Brentwood Infrastructure Agreement. (No fiscal impact) 24-0277
  79. R. BUILDING
  80. R. DEPUTY COUNTY MANAGER
  81. R.22. Approve letter of support to Polk County’s federal delegation members to support the “Fire Grants and Safety Act” (S.870) 24-0350
  82. R. BUDGET & MANAGEMENT SERVICES
  83. R. PROCUREMENT
  84. R. COMMUNICATIONS
  85. R. COOPERATIVE EXTENSION SERVICES
  86. R. HEALTH & HUMAN SERVICES
  87. R.23. Approve Modification of State Housing Initiatives Partnership (SHIP) Rehabilitation program Homeowner Assistance Agreement and Grant Agreement for the property located in Unincorporated Winter Haven, FL for Case# RC22-SHIP-016. ($7,245.00 one-time expense). 24-0296
  88. R. EQUITY & HUMAN RESOURCES
  89. R. INFORMATION TECHNOLOGY
  90. R. CODE ENFORCEMENT
  91. R. COURT SERVICES
  92. R. RISK MANAGEMENT
  93. R. INDIGENT HEALTH CARE
  94. R.24. Approve the contract with We Care of Central Florida, Inc. (We Care) for the proposed purchase of a cargo van and to fund one full-time employee. (Total amount not to exceed $105,400 for the term of the agreement) 24-0300
  95. R. FACILITIES MANAGEMENT
  96. R. FLEET MANAGEMENT
  97. R. PARKS & NATURAL RESOURCES
  98. R. FIRE RESCUE
  99. R. EMERGENCY MANAGEMENT
  100. R.25. Request Board adopt a Resolution naming the previously unnamed private roadway located in the unincorporated area of Lakeland, S-22, T-28, R-23, Walking Tree Drive. (No fiscal impact) 24-0222
  101. R. REAL ESTATE SERVICES
  102. R.26. Approve Right-of-Way Agreement between Danilda Stefanni Maldonado and Heylin Eliubin Maldonado Leon and Polk County in conjunction with the County Road 557 Project, Parcel 124. ($80,000 one-time expense) 24-0291
  103. R.27. Approve Right-of-Way Agreement between Peggy Elferdink and Polk County in conjunction with the County Road 557 Project, Parcel 134. ($73,000 one-time expense) 24-0284
  104. R.28. Adopt Resolutions of Necessity for multiple parcels authorizing condemnation for transportation improvements to County Road 557, Project No. 5400135. (No fiscal impact) 24-0306
  105. R.29. Approve Agreement for Transfer of Public Road between the City of Winter Haven and Polk County for Roosevelt Drive and authorize a County Deed for the right-of-way associated therewith. (No fiscal impact) 24-0254
  106. R.30. Accept instrument for additional right-of-way along Waring Road as requested through the Development Review Process. (No fiscal impact) 24-0338
  107. R.31. Approve Lease Agreement between Polk County and the City of Auburndale for a softball complex at Simmers Young Park. (No Fiscal Impact) 24-0315
  108. R. ROADS & DRAINAGE
  109. R.32. Approve CIP Amendment and budget transfer for Sinkhole Remediation at 3657 Royal Crest Drive, Lakeland ($500,000 one-time transfer) 24-0243
  110. R.33. Approve Modification No. 1 to Consultant Services Authorization (CSA) No. 17-059-06 with Jacobs Engineering Group, Inc. (Consultant) for the Galloway Road North (CR 542A) at Swindell Road Intersection Improvement Project. ($51,600.63 one-time expense) 24-0251
  111. R.34. Approve Amendment #2 to Agreement 2022-031 with Rummel, Klepper & Kahl, LLP (RK&K) for professional engineering services for the Creekwater Drive Drainage Improvements Project. ($22,723.95 one-time expense) 24-0337
  112. R.35. Adopt a Resolution Setting Truck Restrictions on T S Wilson Road and Lake Reedy Boulevard South (near Frostproof). ($272.21 one-time expense) 24-0235
  113. R.36. Adopt a Resolution Setting Speed Limit on High View Bend, Within the High View Subdivision, near Lakeland. ($100.07 one-time expense) 24-0234
  114. R. UTILITIES
  115. R.37. Approve piggyback agreement with Odyssey Manufacturing Co. for chemical system maintenance and repair services. ($290,000 estimated recurring expense) 24-0304
  116. R. WASTE & RECYCLING
  117. R.38. Approve piggyback agreement with Routeware, Inc. for route management of Polk County’s waste collection trucks. ($65,752.00 one-time expense; $60,225.72 annual estimated recurring expense) 24-0332
  118. R.39. Approve First Amendment to a Piggyback Agreement for Landfill Gas Purchases, and a Lease and Access Agreement for a North Central Landfill renewable natural gas processing facility site. (No fiscal impact) 24-0340
  119. R. ELECTED OFFICIAL AND OTHER GOVERNMENTAL AGENCY
  120. R. COURT RELATED
  121. R.40. Request Board approve and sign the Office of Criminal Justice Grants & Florida Department of Law Enforcement’s Award Agreement, C-R7170: Tenth Judicial Circuit Polk County Court, in the amount of $16,093.00. 24-0349
  122. R. POLK COUNTY PROPERTY APPRAISER
  123. R. POLK COUNTY SHERIFF
  124. R. POLK COUNTY SUPERVISOR OF ELECTIONS
  125. R. POLK COUNTY TAX COLLECTOR
  126. R. SUPERINTENDENT OF POLK COUNTY SCHOOLS
  127. R. WORKFORCE DEVELOPMENT BOARD
  128. R. COUNTY ATTORNEY
  129. R.41. Approve and authorize payment of invoice from the Maldonado Law Firm, P.A., for Appellate Code Enforcement Special Magistrate services rendered in connection with the Kiki Leasing appeal (one-time payment of $750.00) 24-0236
  130. R.42. Ratify and approve Outside Counsel Agreement with Foley and Lardner. 24-0328
  131. 127 ANNOUNCEMENTS