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Board of County Commissioners

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

Board Room

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 133 items

  1. 1 CALL TO ORDER - 9:00 a.m. (BILL BRASWELL, CHAIR)
  2. 2 INVOCATION ▶ jump to 0:25
  3. 2 Rollcall ▶ jump to 0:10
  4. 3 Murphy Hanley, Polk County Fire Rescue Chaplain ▶ jump to 0:30
  5. 3 Note ▶ jump to 0:18
  6. 4 PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR) ▶ jump to 1:04
  7. 4 Note ▶ jump to 0:18
  8. A. PRESENTATIONS and RECOGNITIONS
  9. 5 Rollcall ▶ jump to 0:23
  10. B. CEREMONIAL PROCLAMATIONS
  11. C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD ▶ jump to 1:22
  12. C.1. Comments. ▶ jump to 1:24
  13. D. APPROVE CONSENT AGENDA ▶ jump to 18:17
  14. D.1. Approve Consent Agenda. Approved Pass ▶ jump to 18:25
  15. E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) ▶ jump to 18:27
  16. E.1. Disbursements. Approved Pass ▶ jump to 19:30
  17. E.2. Minutes of Regular Board meeting held on December 19, 2023. Approved Pass ▶ jump to 19:49
  18. F. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY
  19. 15 PAGE BREAK
  20. G. COUNTY ATTORNEY (RANDY MINK) ▶ jump to 22:44
  21. G.1. Adopt Resolution Initiating the Conflict Resolution Procedures under the Florida Governmental Conflict Resolution Act and Giving Notice of Competing Policy Goals and Plans for CRA Funds to the Lake Wales Community Redevelopment Agency (“CRA”) and the City of Lake Wales for the proposed expansion of the boundaries of the CRA. 24-0015 Approved Pass ▶ jump to 25:04
  22. H. COUNTY MANAGER (BILL BEASLEY) ▶ jump to 25:06
  23. H.1. Request Board approve 1) Accept and execute Modification No. One (1) to Contract # H0573 for Project # 4337-423-R, Polk County, FRS/EMS Protective Measures, Wind Retrofit for twenty-five (25) FRS/EMS Stations, between the Florida Division of Emergency Management FEMA HMGP and Polk County for the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant Program (HMGP) funding Agreement and 2) CIP amendment, Budget Resolution, and transfer from reserves to establish budget for the modification of the project budget. Approved Pass ▶ jump to 28:55
  24. H.2. Request Board approve construction contracts with 1) Robert Binns Roofing, Inc. ($696,780.00); 2) R.F. Lusa & Sons Sheet Metal, Inc. ($1,125,864.00); and 3) Architectural Sheet Metal, Inc. ($742,192.00) for the roof replacement of 21 Fire Rescue/Emergency Medical Services stations. ($2,564,836.00 total one-time expense) Approved Pass ▶ jump to 32:19
  25. H.3. Request Board approve construction contract with FHS Industrial Constructors, LLC and Rodman Development, Inc., a Joint Venture, for the installation of replacement overhead doors at 23 Fire Rescue/Emergency Medical Services stations. ($2,544,738.99 one-time expense). Approved Pass ▶ jump to 35:06
  26. H.4. Request Board approve construction contract with Bigfoot Construction, Inc. for the installation of replacement window shutter systems at 25 Fire Rescue/Emergency Medical Services stations. ($680,723.00 one-time expense). Approved Pass ▶ jump to 37:17
  27. H.5. Approve a Resolution to accept a grant award in the amount of $1,000,000 and enter into a Grant Agreement for the Polk County FL Vision: Safer Roads FL [Safe Streets and Roads for All (SS4A) grant], as well as adopt a budget resolution to amend the FY 23/24 budget. Approved Pass ▶ jump to 39:24
  28. I. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY) ▶ jump to 39:53
  29. I.1. Commissioner Lindsey Comments. ▶ jump to 39:54
  30. J. COMMISSIONER DISTRICT 2 (RICK WILSON) ▶ jump to 40:42
  31. J.1. Commissioner Wilson Comments. ▶ jump to 40:43
  32. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) ▶ jump to 41:12
  33. K.1. Commissioner Santiago Comments. ▶ jump to 41:13
  34. L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) ▶ jump to 41:31
  35. L.1. Commissioner Combee Comments. ▶ jump to 41:32
  36. M. COMMISSIONER DISTRICT 3 (BILL BRASWELL, CHAIR) ▶ jump to 42:38
  37. M.1. Chair Braswell Comments. ▶ jump to 42:42
  38. N. LAY BOARD APPOINTMENTS
  39. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 ▶ jump to 57:03
  40. O.1. Public Hearing (LDCPAL 2023-5 Northeast Regional Park) (Adoption Hearing), a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation from Residential Low-X (RLX) to Recreation and Open Space-X (ROSX) on ±80.26 acres and Institutional-X (INSTX) on ±1.95 acres to recognize an existing regional park and fire rescue station in the North U.S. Highway 27 Selected Area Plan. Approved Pass ▶ jump to 61:26
  41. O.2. Public Hearing (LDCT-2023-18 Livestock and Fowl in Residential Neighborhoods) (First Reading), 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). ▶ jump to 61:35
  42. P. PUBLIC HEARINGS ▶ jump to 62:44
  43. P.1. Public Hearing to consider adoption of a Resolution to vacate portions of platted, unopened, and unmaintained rights-of-way shown on the map of the Town of Medulla which is a correction to the map entitled Henry Hays Map of Medulla. (No fiscal impact) Approved Pass ▶ jump to 65:53
  44. Q. WORK SESSION ITEMS
  45. R. CONSENT AGENDA ITEMS
  46. R. COMMISSIONER DISTRICT 1
  47. 42 Note ▶ jump to 57:31
  48. R. COMMISSIONER DISTRICT 2
  49. R. COMMISSIONER DISTRICT 3
  50. R. COMMISSIONER DISTRICT 4
  51. R. COMMISSIONER DISTRICT 5
  52. R. COUNTY COMPTROLLER
  53. R.1. Audit Report 2023-11 Building Permits Audit. Approved Pass
  54. R.2. Removal of equipment from inventory as listed on Blanket Removal Form 2185. Approved Pass
  55. R. COUNTY MANAGER
  56. R. ECONOMIC DEVELOPMENT
  57. R. TOURISM/SPORTS MARKETING
  58. R.3. First Amendment to Interlocal Agreement with the City of Winter Haven for Tourist Development Tax Funding for Chain of Lakes Complex Renovation. 23-4103 Approved Pass
  59. R. OFFICE OF PLANNING & DEVELOPMENT
  60. R.4. SET HEARING (LDCDD-2023-3 Crosswinds CDD Scrivener’s Error) to consider the adoption of an applicant-initiated ordinance to amend an existing Community Development District (CDD) ordinance. Suggested hearing date is January 23, 2024, at 9:30 a.m. following the regular agenda (No fiscal impact). Approved Pass
  61. R.5. SET HEARING: (LDCPAS-2023-22 ABC Road) 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) on 1.46± acres, within the Gateway Selected Area Plan (SAP) in the Rural Development Area (RDA). The suggested adoption hearing date is January 23, 2024, at 9:30 a.m. Approved Pass
  62. R.6. SET HEARING: (LDCPAS-2023-25 Bella Vista LR to BPC CPA) 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. The suggested adoption hearing date is January 23, 2024, at 9:30 a.m. Approved Pass
  63. R.7. SET HEARING: (LDCD-2023-9 Bella Vista Sub-district BPC-1 to BPC-2) 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. The suggested adoption hearing date is January 23, 2024, at 9:30 a.m. Approved Pass
  64. R.8. SET 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. Suggested hearing date is January 23, 2024 at 9:30 a.m. No Fiscal Impact. Approved Pass
  65. R.9. SET HEARING: (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. The suggested hearing dates are for the first reading on January 23, 2024, at 9:30 a.m. and the Adoption reading on February 6, 2024, at 9:30 a.m. Approved Pass
  66. R.10. 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 January 23, 2024, at 9:30 a.m. and the Adoption reading on February 6, 2024, at 9:30 a.m. Approved Pass
  67. R.11. Combee Road South Commercial Park Plat for Conditional Approval. (No fiscal impact) Approved Pass
  68. R.12. Approve the release of a surety in the amount of $8,548,772.98 in the form of Irrevocable Letter of Credit No. FGAC-22516 for Garden Hills at Providence Phase 1. (No fiscal impact) Approved Pass
  69. R.13. Accept Garden Hills at Providence Phase 1 potable water, wastewater and reclaim water utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) Approved Pass
  70. R.14. Accept a one-year warranty and surety in the amount of $326,284.83 in the form of Irrevocable Letter of Credit No. FGAC-23464 for Garden Hills at Providence Phase 1. (No fiscal impact) Approved Pass
  71. R.15. Accept Sovereign at Town Center Phase 1 potable water and wastewater utility system improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) Approved Pass
  72. R.16. Accept a one-year warranty and surety in the amount of $12,019.40 in the form of Maintenance Bond No. 6091013232 for Sovereign at Town Center Phase 1. (No fiscal Impact) Approved Pass
  73. R.17. Approve the release of a warranty and surety in the amount of $40,104.28 in the form of Maintenance Bond No. SU1169874-1 for Tierra Del Sol East Phase 2. (No fiscal impact) Approved Pass
  74. R.18. Approve the release of a surety in the amount of $1,506,193.47 in the form of Irrevocable Letter of Credit No. FGAC-23028 for Chateau at Astonia. (No fiscal impact) Approved Pass
  75. R.19. Accept Chateau at Astonia potable water, wastewater, reclaim water utility system and offsite improvements for ownership, operation, and maintenance by Polk County Utilities. (No fiscal impact) Approved Pass
  76. R.20. Accept a one-year warranty and surety in the amount of $164,804.49 in the form of Irrevocable Letter of Credit No. FGAC-23344 for Chateau at Astonia. (No fiscal impact) Approved Pass
  77. R. BUILDING
  78. R. DEPUTY COUNTY MANAGER
  79. R.21. Approve an Agreement with Anfield Consulting, Inc. for lobbying services for fiscal year 2024. ($180,000 one-time expense) 23-4096 Approved Pass
  80. R. BUDGET & MANAGEMENT SERVICES
  81. R.22. Approve and release an appropriation and expenditure from the Law Enforcement Trust Fund ($138,296.99 one-time expense) Approved Pass
  82. R. PROCUREMENT
  83. R.23. Approve selection committee’s recommendation to authorize staff enter contract negotiations with Inspire Placemaking Collective, Inc. to update the Polk County Comprehensive Plan. (No fiscal impact) Approved Pass
  84. R. COMMUNICATIONS
  85. R.24. Certified Registered Nurse Anesthetists (CRNA) Week Proclamation Approved Pass
  86. R. COOPERATIVE EXTENSION SERVICES
  87. R. HEALTH & HUMAN SERVICES
  88. R.25. Approve State Housing Initiative Partnership (SHIP) Program rehabilitation/replacement program Homeowner Assistance Agreement and Grant Agreement for property located in unincorporated Winter Haven, FL for Case #RC23-SHIP-004. ($175,206.20 one-time expense). Approved Pass
  89. R.26. Approve modification of State Housing Initiatives Partnership (SHIP) Rehabilitation program Homeowner Assistance Agreement and Grant Agreement for the property located in Bartow, FL for Case# RC22-SHIP-017. ($3,732.00 one-time expense). Approved Pass
  90. R.27. Approve Modification of HOME program Homeowner Assistance Agreement and Grant Agreement for the property located in Lake Wales, FL for Case RC22-HOME-005. ($1,901.00 one-time expense). Approved Pass
  91. R.28. Approve Second Amendment to American Rescue Plan Local Fiscal Recovery Funding Agreement with Chapters Health Foundation Inc. on behalf of Good Shepherd Hospice. (No fiscal impact) Approved Pass
  92. R. EQUITY & HUMAN RESOURCES
  93. R. INFORMATION TECHNOLOGY
  94. R. CODE ENFORCEMENT
  95. R. COURT SERVICES
  96. R. RISK MANAGEMENT
  97. R. INDIGENT HEALTH CARE
  98. R. FACILITIES MANAGEMENT
  99. R.29. Request Board accept and execute Modification No. One (1) a time-extension to Contract # H04883 between the Florida Division of Emergency Management (FDEM) and Polk County for the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant Program (HMGP) for Project # 4337-401-R, Polk County, Auxiliary Power for Six (6) County Fueling Sites. Approved Pass
  100. R. FLEET MANAGEMENT
  101. R. PARKS & NATURAL RESOURCES
  102. R.30. Consider adoption of a resolution amending Resolution No. 09-217 to reduce the quorum of the Polk County Lakes Access Advisory Committee to five members. Approved Pass
  103. R. FIRE RESCUE
  104. R.31. Approve the EMS County Grant Application and Resolution ($96,280.26 one-time revenue) Approved Pass
  105. R. EMERGENCY MANAGEMENT
  106. R. REAL ESTATE SERVICES
  107. R.32. SET HEARING to consider a request to vacate platted and unmaintained right-of-way (alley) as shown on the map of the Haskell. (Suggested hearing date is February 6, 2024 at 9:30 a.m or immediately following the regular agenda) Approved Pass
  108. R.33. Approve Right-of-Way Agreement between Jeremy and Virginia Lovelace and Polk County in conjunction with the County Road 557 Project, Parcels 104/701. ($16,900 one-time expense) Approved Pass
  109. R.34. Approve Grazing Lease Agreement between Polk County and Bern Kinard Auctioneer, Inc. ($11,000 annual revenue) Approved Pass
  110. R.35. Authorize the conveyance of County’s interest in a portion of Parcel ID Number 253005-372500-015030 to the City of Bartow and adopt a resolution authorizing the conveyance. (No fiscal impact) Approved Pass
  111. R.36. Accept instrument for additional right-of-way along Old Lake Alfred Road as requested through the Development Review Process. (No fiscal impact) Approved Pass
  112. R.37. Approve Subordination Agreement between Polk County and Frontier Florida LLC in conjunction with the CR 547 (Davenport Blvd) at 10th Street Intersection Improvement Project. (No fiscal impact) Approved Pass
  113. R.38. Accept Quit Claim Deeds for property being donated for conservation preservation, Smith Estate and Foss parcels. (No Fiscal impact) Approved Pass
  114. R.39. Approve First Amendment to Lease No. 321 between Polk County and Seniors First, Inc., a Florida not for profit corporation. (No Fiscal Impact) Approved Pass
  115. R. ROADS & DRAINAGE
  116. R.40. SET HEARING to Consider Adopting a Resolution Allowing for the Installation of Traffic Calming Devices (Speed Humps) on Ware Avenue, Near Winter Haven. (Suggested Hearing Date: Tuesday, February 6, 2024, at 9:30 a.m.) (No fiscal impact) Approved Pass
  117. R.41. Approve Consultant Services Authorization (CSA) No. 22-088-02 with HNTB Corporation (Consultant) for design services for the Cooley Road Sidewalk Project. ($156,998.00 one-time expense) Approved Pass
  118. R.42. Approve Consultant Services Authorization (CSA) No. 22-090-02 with Kimley-Horn & Associates, Inc. (Consultant) to provide Professional Engineering services for the Tank Road/Student Drive Sidewalk Project. ($114,475.00 one-time expense) Approved Pass
  119. R.43. Approve Consultant Services Authorization (CSA) No. 22-096-01 with WSP USA Environment & Infrastructure, Inc. (Consultant) to provide Construction Engineering and Inspection (CEI) services for the East Main Street at Combee Road Intersection Improvement Project. ($101,016.42 one-time expense) Approved Pass
  120. R. UTILITIES
  121. R.44. Approve Master Consulting Agreements with AtkinsRealis USA Inc., Black and Veatch Corporation, Carollo Engineers, Inc., CHA Consultants, Inc., Chastain-Skillman Inc., CivilSurv Design Group, Inc., Dewberry Engineers, Inc., Halff Associates, Inc., Hazen and Sawyer, P.C., Jones Edmunds and Associates, Inc., Kennedy/Jenks Consultants, Inc., Pennoni Associates, Inc., Rummel, Klepper and Kahl, LLP, Tetra Tech, Inc., and Wright-Pierce, Inc. to provide Professional Engineering Services. (No Fiscal Impact) Approved Pass
  122. R. WASTE & RECYCLING
  123. R. ELECTED OFFICIAL AND OTHER GOVERNMENTAL AGENCY
  124. R. COURT RELATED
  125. R. POLK COUNTY PROPERTY APPRAISER
  126. R. POLK COUNTY SHERIFF
  127. R. POLK COUNTY SUPERVISOR OF ELECTIONS
  128. R.45. The Supervisor of Elections requests the Board to approve a proposed change to the Polk County precinct map. Approved Pass
  129. R. POLK COUNTY TAX COLLECTOR
  130. R. SUPERINTENDENT OF POLK COUNTY SCHOOLS
  131. R. WORKFORCE DEVELOPMENT BOARD
  132. R. COUNTY ATTORNEY
  133. 128 ANNOUNCEMENTS