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Board of County Commissioners

January 23, 2024 ·9:00 AM Final-revised

Board Room

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 123 items

  1. 1 CALL TO ORDER - 9:00 a.m. (BILL BRASWELL, CHAIR) ▶ jump to 0:39
  2. 1 Rollcall ▶ jump to 0:21
  3. 2 INVOCATION ▶ jump to 0:41
  4. 2 Note ▶ jump to 0:35
  5. 3 Murphy Hanley, Polk County Fire Rescue Chaplain ▶ jump to 0:47
  6. 3 Note ▶ jump to 0:35
  7. 4 PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR) ▶ jump to 1:22
  8. A. PRESENTATIONS and RECOGNITIONS ▶ jump to 1:40
  9. A.1. Employee Recognition 24-0040 ▶ jump to 1:59
  10. B. CEREMONIAL PROCLAMATIONS
  11. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD ▶ jump to 6:16
  12. C.1. Comments. ▶ jump to 6:17
  13. D. APPROVE CONSENT AGENDA ▶ jump to 19:47
  14. D.1. Approve Consent Agenda. 24-0017 Approved Pass ▶ jump to 19:57
  15. E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) ▶ jump to 20:07
  16. E.1. Disbursements. 24-0018 ▶ jump to 20:08
  17. E.2. Minutes of Regular Board meeting held on January 9, 2024. 24-0019 Approved Pass ▶ jump to 21:09
  18. F. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY
  19. G. COUNTY ATTORNEY (RANDY MINK) ▶ jump to 21:28
  20. E.1. Disbursements. 24-0018 Approved Pass ▶ jump to 20:51
  21. G.1. Adopt a resolution authorizing deviation from approved procedures for source selection as set out in the Polk County Procurement Ordinance and Purchasing Procedures Manual for review of the management of the Fire Rescue Division. 24-0096 Approved Pass ▶ jump to 24:37
  22. G.2. Authorize the County Attorney’s Office and County staff to take the necessary actions to prevent commercial truck traffic on Bryant Road and adopt Resolution Setting Truck Restrictions on Bryant Road (near Lakeland). 24-0097 Approved Pass ▶ jump to 26:34
  23. H. COUNTY MANAGER (BILL BEASLEY) ▶ jump to 27:23
  24. H.1. Execute a Local Government Deficient Bridge (LGDB) Program Agreement No. 439441-1-C2-52, 439441-1-52-01, 439441-1-62-01, and 439441-1-62-08 with the Florida Department of Transportation (FDOT), resolution and amend the Roads & Drainage FY 23/24 CIP Budget to establish the Countyline Rd over Peace River Bridge 160101 Replacement Project and associated budget transfer. ($4,956,658.00 one-time expense) 24-0075 Approved Pass ▶ jump to 30:17
  25. H.2. Approve Standard Grant Agreement #INV37 with the State of Florida - Department of Environmental Protection (FDEP) to provide funding for the project: “Phosphorus Remediation in Lake Deeson and Bear Branch” ($870,000 one-time revenue). 24-0005 Approved Pass ▶ jump to 33:05
  26. H.3. Approve the contract with Central Florida Health Care, Inc. to provide funding for supplies and equipment needed in the expansion of their Frostproof location. (Total amount not to exceed $538,856.) 24-0069 Approved Pass ▶ jump to 37:12
  27. H.4. Confirm appointment of Ryan Kordek to serve as Transportation Planning Organization (TPO) Director. 24-0050 Approved Pass ▶ jump to 39:55
  28. I. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY)
  29. I.1. Commissioner Lindsey Comments. ▶ jump to 44:11
  30. J. COMMISSIONER DISTRICT 2 (RICK WILSON)
  31. J.1. Commissioner Wilson Comments. ▶ jump to 47:23
  32. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) ▶ jump to 47:25
  33. K.1. Commissioner Santiago Comments. ▶ jump to 47:27
  34. L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) ▶ jump to 47:28
  35. L.1. Commissioner Combee Comments. ▶ jump to 47:29
  36. M. COMMISSIONER DISTRICT 3 (BILL BRASWELL, CHAIR) ▶ jump to 47:30
  37. M.1. Chair Braswell Comments. ▶ jump to 47:32
  38. N. LAY BOARD APPOINTMENTS
  39. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 ▶ jump to 47:33
  40. O.1. Public Hearing (LDCPAS-2023-25 Bella Vista LR to BPC CPA) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Leisure/Recreation (L/R) to Business Park Center (BPC) on 42.47± acres, within the Transit Supportive Development Area (TSDA), Transit Centers and Corridor Overlay (TCCO). This case is related to LDCD-2023-9, a Sub-district change request from BPC-1 to BPC-2. (No Fiscal Impact) 24-0039 Approved Pass ▶ jump to 51:32
  41. O.2. Public Hearing (LDCD-2023-9 Bella Vista Sub-district BPC-1 to BPC-2) (Adoption Hearing) to consider the adoption of a Sub-district change from Business Park Center-1 (BPC-1) to Business Park Center-2 (BPC-2) on 42.47± acres, within the Transit Supportive Development Area (TSDA), Transit Centers and Corridor Overlay (TCCO). This case is related to LDCPAS-2023-25, a Land Use change request from L/R to BPC. (No Fiscal Impact) 24-0037 Approved Pass ▶ jump to 52:19
  42. O.3. Public Hearing (LDCPAS-2023-22 ABC Road CPA) (Adoption Hearing) to consider the adoption of a Small-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Agricultural/Residential-Rural X (A/RRX) to Employment Center X (ECX) within the Gateway Selected Area Plan (SAP) on 1.46± acres, within the Rural Development Area (RDA). (No Fiscal Impact) 24-0046 Approved Pass
  43. O.4. Public Hearing (LDCT-2023-18 Livestock and Fowl in Residential Neighborhoods) (Adoption Hearing), a County-initiated request to modify Section 222 to clarify the County’s code on nonresidential farm buildings and structures and allow variances to setback distances. (No Fiscal Impact). 24-0044 Approved Pass ▶ jump to 54:51
  44. P. PUBLIC HEARINGS ▶ jump to 55:00
  45. P.1. Public Hearing (LDCDD-2023-3 Crosswinds East CDD Scrivener’s Error) to consider the adoption of an applicant-initiated ordinance to amend an existing Community Development District (CDD) in the unincorporated area of the County and Haines City. 24-0038 Approved Pass ▶ jump to 59:39
  46. P.2. Public Hearing (LDWA-2023-55/Ventures Subdivision Waiver) to consider the adoption of an applicant-initiated request for approval of a waiver to LDC Section 705.B necessary to allow the issuance of building permits for a subdivision that gains access solely via easement and provides access to more than four (4) lots. (No fiscal impact) 24-0078 Approved Pass ▶ jump to 76:50
  47. P.3. Public Hearing to consider the adoption of LDCT-2023-7 (Planned Development Text) to replace the current Planned Development (PD) requirements in Section 303 of the Land Development Code. This amendment includes changes to multiple chapters of the code including Chapters 2, 3, 4, 9, and 10. (First Reading) 24-0043
  48. Q. WORK SESSION ITEMS
  49. R. CONSENT AGENDA ITEMS
  50. R. COMMISSIONER DISTRICT 1
  51. R. COMMISSIONER DISTRICT 2
  52. R. COMMISSIONER DISTRICT 3
  53. R. COMMISSIONER DISTRICT 4
  54. R. COMMISSIONER DISTRICT 5
  55. R. COUNTY COMPTROLLER
  56. R.1. Audit Report 2023-03 Commercial Waste Franchise Fees Audit. 24-0020
  57. R.2. Removal of equipment from inventory as listed on Blanket Removal Form 2186. 24-0042 Approved Pass
  58. R. COUNTY MANAGER
  59. R. ECONOMIC DEVELOPMENT
  60. R. TOURISM/SPORTS MARKETING
  61. R. OFFICE OF PLANNING & DEVELOPMENT
  62. R.3. SET HEARING: (LDCT-2023-21 Graceway-Thornhill Road INST Text) to amend Appendix E of the Land Development Code to remove the southern 30 feet of the subject site and the NAC in Appendix E (Parcel Specific Land Use) and amend text in Appendix 2.135. The suggested hearing dates are for the first reading on February 6, 2024, at 9:30 a.m. and the Adoption reading on February 20, 2024, at 9:30 a.m. 24-0029 Approved Pass
  63. R.4. RE-SET HEARING: (LDCT-2023-15 Mine and Mill LDC Text) to Appendix E, Section E105.E, CPA 16C-02, Subsection 3. The suggested hearing dates are for the first reading on February 6, 2024, at 9:30 a.m. and the Adoption reading on February 20, 2024, at 9:30 a.m. 24-0048 Approved Pass
  64. R.5. Ascend Highlands Reserve Plat for Conditional Approval. (No fiscal impact) 24-0030 Approved Pass
  65. R.6. Westview Pod A Phase 3 Plat for Conditional Approval. (No fiscal impact) 24-0036 Approved Pass
  66. R.7. Approve the release of a surety in the amount of $1,173,167 in the form of Performance Bond No. GM209781 Champions Station. (No fiscal impact) Approved Pass
  67. R.8. Accept Champions Station Master Infrastructure potable water, wastewater and reclaim water utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) Approved Pass
  68. R.9. Accept a one-year warranty and cash surety in the amount of $12,934.00 for Champions Station Master Infrastructure. (No fiscal Impact) Approved Pass
  69. R.10. Approve the release of a warranty surety and rider in the amount of $69,776.17 in the form of Maintenance Bond and rider No. LICX1203229 for Madison Place Townhomes Phase 2. (No fiscal impact) 24-0031 Approved Pass
  70. R.11. Accept Rafina - Tract B potable water utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) 24-0032 Approved Pass
  71. R.12. Accept a one-year warranty and cash surety in the amount of $1,677.84 for Rafina - Tract B. (No fiscal Impact) 24-0033 Approved Pass
  72. R.13. Accept Reunion Phase 2 Apartments potable water and wastewater utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) 24-0034 Approved Pass
  73. R.14. Accept a one-year warranty and cash surety in the amount of $5,921.50 for Reunion Phase 2 Apartments. (No fiscal Impact) 24-0035 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. EQUITY & HUMAN RESOURCES
  82. R. INFORMATION TECHNOLOGY
  83. R. CODE ENFORCEMENT
  84. R. COURT SERVICES
  85. R. RISK MANAGEMENT
  86. R. INDIGENT HEALTH CARE
  87. R.15. Approve the first amendment to the contract with Peace River Center for Personal Development, Inc. (PRC) for the provision of alcohol, substance abuse, and mental health services as mandated in Section 394.76 of the Florida Statutes. (No Fiscal Impact) 24-0068 Approved Pass
  88. R. FACILITIES MANAGEMENT
  89. R. FLEET MANAGEMENT
  90. R. PARKS & NATURAL RESOURCES
  91. R. FIRE RESCUE
  92. R.16. Approve piggyback agreement with Fire-Dex GW, LLC dba Gear Wash for cleaning and repair of bunker gear services for the Fire Rescue Division. ($110,000 estimated recurring expense) Approved Pass
  93. R. EMERGENCY MANAGEMENT
  94. R. REAL ESTATE SERVICES
  95. R.17. Approve Right-of-Way Agreement between Ry Ty One, LLC a Florida limited liability company, and Polk County in conjunction with the County Road 557 Project, Parcel 102. ($176,200 one-time expense) 24-0016 Approved Pass
  96. R.18. Approve Right-of-Way Agreement between Charolette A. Smith and Polk County in conjunction with the County Road 557 Project, Parcels 107 and 724. ($10,300 one-time expense) 24-0008 Approved Pass
  97. R.19. Approve Right-of-Way Agreement between Jesenia C. Torres Lugo and Julio Ivan Caban and Polk County in conjunction with the County Road 557 Project, Parcel 711. ($5,000 one-time expense) 24-0009 Approved Pass
  98. R.20. Adopt Resolutions of Necessity for multiple parcels authorizing condemnation for transportation improvements to County Road 557, Project No. 5400135. (No fiscal impact) 24-0060 Approved Pass
  99. R.21. Approve Land Purchase Agreement between Roman and Annette Stadnyk and Polk County for the purchase of conservation preservation property. ($4,000 one-time expense) 24-0066 Approved Pass
  100. R.22. Authorize a County Deed to Westside Haines City Community Development District conveying the County’s interest in multiple platted and unmaintained rights-of-way. (No fiscal impact) 24-0051 Approved Pass
  101. R.23. Approve Subordination Agreement between Polk County and The City of Lakeland in conjunction with the CR 542 (East Main Street) at Combee Road Intersection Improvement Project. (No fiscal impact) 24-0059 Approved Pass
  102. R.24. Accept instrument for additional right-of-way along Eagle Lake Loop Road and Eloise Loop Road, as requested through the Development Review Process. (No fiscal impact) 24-0064 Approved Pass
  103. R. ROADS & DRAINAGE
  104. R.25. SET HEARING to Consider Adopting a Resolution Allowing for the Installation of Traffic Calming Devices (Speed Humps) on Camp Gilead Drive, Near Polk City. (Suggested Hearing Date: Tuesday, February 6, 2024, at 9:30 a.m.) (No fiscal impact) 24-0010 Approved Pass
  105. R.26. SET HEARING to Consider Adopting a Resolution Allowing for the Installation of Traffic Calming Devices (Speed Humps) on Rocky Point Road, Near Lake Wales. (Suggested Hearing Date: Tuesday, February 6, 2024, at 9:30 a.m.) (No fiscal impact) 24-0011 Approved Pass
  106. R.27. Approve Amendment No.1 to the Interlocal Agreement (ILA) with City of Lake Wales for the Minor Streetscape Improvement Project for East Orange Avenue and East Crystal Avenue. (No Fiscal Impact) 23-4097 Approved Pass
  107. R. UTILITIES
  108. R. WASTE & RECYCLING
  109. R.28. Request Board approve selection committee’s recommendation to authorize staff to enter into contract negotiations with RDK Assets, Inc. for long term waste collection truck leases. (No fiscal impact) 24-0062 Approved Pass
  110. R. ELECTED OFFICIAL AND OTHER GOVERNMENTAL AGENCY
  111. R. COURT RELATED
  112. R. POLK COUNTY PROPERTY APPRAISER
  113. R. POLK COUNTY SHERIFF
  114. R. POLK COUNTY SUPERVISOR OF ELECTIONS
  115. R. POLK COUNTY TAX COLLECTOR
  116. R. SUPERINTENDENT OF POLK COUNTY SCHOOLS
  117. R. WORKFORCE DEVELOPMENT BOARD
  118. R. COUNTY ATTORNEY
  119. R.29. SET PUBLIC HEARING to consider amending the Polk County claims settlement ordinance raising the amount the Risk Manager may issue or receive in settlements from twenty-five thousand dollars ($25,000) to fifty thousand dollars ($50,000). Suggested Hearing Date: February 20, 2024. Approved Pass
  120. R.30. SET PUBLIC HEARING to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption for Project Rise, an expanding business. (Suggested hearing date is February 6, 2024 at 9:00 a.m.) 24-0057 Approved Pass
  121. R.31. SET PUBLIC HEARING to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption for Project Bay, an expanding business. (Suggested hearing date is February 6, 2024 at 9:00 a.m.) 24-0058 Approved Pass
  122. R.32. Second amendment to the Declaration of Restrictions, Covenants and Conditions and grant of Easements for the replat of Ovation. (No fiscal impact) 23-4104 Approved Pass
  123. 119 ANNOUNCEMENTS