Polk County Board of County Commissioners

(Organizational)

Meeting Minutes - Final

November 19, 2024 Regular BOCC Meeting

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Organizational Meeting

CALL TO ORDER - 9:00 a.m. (BILL BRASWELL, CHAIR)

INVOCATION

Bill Dehart, Polk County Fire Rescue Chaplain

PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR)

INVESTITURE CEREMONY (RANDY MINK, COUNTY ATTORNEY)

Becky Troutman, County Commissioner, District 1. Stacy M. Butterfiled, CPA,

Clerk of the Circuit Court and Comptroller, to administer oath.

Minutes: Stacy M. Butterfield, CPA, Clerk of the Circuit Court and Comptroller,

administered the oath to Becky Troutman, County Commissioner, District 1.

Bill Braswell, County Commissioner, District 3. Stacy M. Butterfield, CPA, Clerk

of the Circuit Court and Comptroller, to administer oath.

Minutes: Stacy M. Butterfield, CPA, Clerk of the Circuit Court and Comptroller,

administered the oath to Bill Braswell, County Commissioner, District 3.

Michael Scott, County Commissioner, District 5. Daniel F. Pilka, Esq., to

administer oath.

Minutes: Daniel F. Pilka, Esq., administered the oath to Michael Scott, County

Commissioner, District 5.

REORGANIZATION OF THE BOARD (RANDY MINK, COUNTY ATTORNEY)

Comments from the General Public regarding Reorganization of the Board.

Minutes: There was no one from the public wishing to speak.

Elect Chairperson.

Elect T.R. Wilson as Chairman.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Martha Santiago

Bill Braswell

Troutman, Wilson, Braswell, Santiago, and Scott

Elect Vice Chairperson.

Elect Martha Santiago as Vice Chair.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Becky Troutman

Troutman, Wilson, Braswell, Santiago, and Scott

Adopt Resolution Authorizing Banks to Honor and Cash Warrants signed by new

Chairperson and the Clerk effective November 19, 2024.

RESULT:

MOVER:

APPROVED

Bill Braswell

Martha Santiago

SECONDER:

Troutman, Wilson, Braswell, Santiago, and Scott

AYE:

Recognition of the outgoing Chair.

Minutes: Chair Wilson recognized Commissioner Braswell as the outgoing chair. He

said for the past year under the leadership of Commissioner Braswell this Board has

done some great things for the residents and the visitors of Polk County. He said as a

Board Chair, Commissioner Braswell has provided outstanding leadership and

direction for Polk County's future. He said he has focused on several long-term issues

facing the county. He thanked him for his leadership, time, energy and dedication to the

people of Polk County.

Commissioner Braswell said it is an honor and a privilege to be a commissioner in Polk

County. He said when 150,000-200,000 people vote for you, expecting you to carry out

the policies that they want it is very humbling. He said it is humbling when your fellow

board members elect you as Chairman and he thanked them for that. He said he is

looking forward to working with the two new board members and he welcomed them.

REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE

HEARD

C.1. Comments.

Minutes: Cassandra Richards said she misses Commissioner Combee. She said the

dump trucks have started coming through Friedlander Road. She said Friedlander

Road is not a collector road. She said there is not a light and there are seven

subdivisions coming up. She discussed speeding and she said we need speed bumps

and a survey. She said nobody should have to be killed trying to get on State Road 60.

Chair Wilson said there is a procedure in place for speed bumps.

Patricia Robertson said she is here about an appeal for the development on Shepherd

Road. She said they have one to two story condo units and this is for three stories and

they want to go to a four story development. She said they are to the south and they

will build right on top of them. She said there is a waiver for an emergency entrance

and she said it is a safety issue. She discussed concerns with flooding.

Ron Wade said he representing Sandra Spivey and Fred Spivey. He read a letter on

their behalf about the hurricane that caused flooding and damaged their septic tank. He

said there was a lot of septic backup at their house. He said the county and city should

be held responsible.

County Manager Bill Beasley directed Mr. Wade to follow up with Deputy County

Manager John Bohde if they wish to file a claim against the county.

Darryl Medley congratulated the new commissioners. He discussed flooding and said

he had 14 inches of water in his house. He said drains were not taking water in and

they were putting water out. He said he would like some help and asked what can be

done to fix this issue. He said they asked the county to come out and clean their drains

before the hurricane. He said they ran a camera down there and there was a break in

the pipes. He said the county is welcome to buy his property and turn it into a retention

pond.

APPROVE CONSENT AGENDA

D.1. Approve Consent Agenda.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA)

E.1. Disbursements.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Martha Santiago

Bill Braswell

Troutman, Wilson, Braswell, Santiago, and Scott

E.2. Minutes of Regular Board meeting held on November 5, 2024.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

COUNTY MANAGER (BILL BEASLEY)

H.1. Approve construction contract with Ajax Paving Industries of Florida, LLC for the

Imperial Lakes drainage improvement project - ARP ($8,941,173.86 one-time

expense from American Rescue Plan Funds)

Minutes: County Manager Bill Beasley discussed the construction contract with Ajax

Paving Industries of Florida, LLC, for the Imperial Lakes drainage improvement project.

He recommended approval.

Upon question, Roads and Drainage Director Jay Jarvis said the road drainage system

discharge went to the west, went through a series of lakes and ditch channels, and

then went south. He said what this is allowing now is that water to backflow and/or flow

into these ponds and go around the eastern side and go south. He said it is creating a

big storage area for that water that was backing up in the roadway. He said they are

raising that road through the area to get it up so it will all be rebuilt and that drainage

system will now function and interconnect into the road drainage system and discharge

into the ponds. He confirmed that it is deep and has a long ways to go to fill it up. He

said there is never a guarantee that it will not flood again but the intent is that it will

handle a 100-year storm event.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

H.2. Approve agreement with Kisinger Campo & Associates, Corp. for engineering

services for the FDC Grove Road/North Ridge Trail flyover project.

($1,839,792.64 one-time expense)

Minutes: County Manager Bill Beasley discussed the agreement with Kisinger Campo

& Associates, Corp., for engineering services for the FDC Grove Road/North Ridge

Trail flyover project. He recommended approval.

RESULT:

MOVER:

APPROVED

Martha Santiago

Becky Troutman

SECONDER:

Troutman, Wilson, Braswell, Santiago, and Scott

AYE:

H.3. Approve Standard Grant Agreement #INV51 with the State of Florida -

Department of Environmental Protection (FDEP) to provide funding for the

project: “Advanced Algae Cultivation Technology for Nutrient Removal from

Florida Surface Waters” ($2,300,000 one-time revenue).

Minutes: County Manager Bill Beasley discussed the Standard Grant Agreement

#INV51 with the State of Florida - Department of Environmental Protection to provide

funding for the project: Advanced Algae Cultivation Technology for Nutrient Removal

from Florida Surface Waters. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

H.4. Approve Florida Defense Support Commission and Department of Commerce

Defense Grant Agreement # S0253 to pursue less than fee acquisition with

willing sellers in the Sentinel Landscape. (one-time revenue $500,000)

Minutes: County Manager Bill Beasley discussed the Florida Defense Support

Commission and Department of Commerce Defense Grant Agreement # S0253 to

pursue less than fee acquisition with willing sellers in the Sentinel Landscape. He

recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Becky Troutman

Bill Braswell

Troutman, Wilson, Braswell, Santiago, and Scott

H.5. Approve 1) construction contract with Bul-Hed Corporation for the Lake Annie

water quality improvement project, and 2) CIP amendment and budget transfer

in the amount of $720,000.00 with in the American Rescue Plan and Stormwater

MSTU Funds. ($3,300,300.14 one-time expense)

Minutes: County Manager Bill Beasley discussed the construction contract with

Bul-Hed Corporation for the Lake Annie water quality improvement project, and CIP

amendment and budget transfer in the amount of $720,000.00 with the American

Rescue Plan and Stormwater MSTU Funds. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

H.6. Approve Agreement for Sale and Purchase between R.F. Development Group

Co., Inc. and Polk County in conjunction with the Environmental Lands Program,

CLASAC Project EL-100-23. ($5,245,000 total expense)

Minutes: County Manager Bill Beasley discussed the Agreement for Sale and

Purchase between R.F. Development Group Co., Inc., and Polk County in conjunction

with the Environmental Lands Program, CLASAC Project EL-100-23. He recommended

approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Becky Troutman

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

H.7. Approve construction contract with CenState Contractors, Inc. for the Babson

Park Water Production Facility No. 1 ground storage tank and high service pump

station project. ($4,348,630.00 one-time expense from American Rescue Plan

Funds and $393,275.00 Connection Fee Funds)

Minutes: County Manager Bill Beasley discussed the construction contract with

CenState Contractors, Inc., for the Babson Park Water Production Facility No. 1

ground storage tank and high service pump station project. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Becky Troutman

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

COMMISSIONER DISTRICT 1 (BECKY TROUTMAN)

I.1. Commissioner Troutman Comments.

Minutes: Commissioner Troutman said it is her pleasure to be here. She said it is a

huge honor and responsibility to all the citizens and it is not just those in District 1. She

said as we move forward she asked that everyone be willing and open to holding us all

accountable to serve the citizens of Polk.

COMMISSIONER DISTRICT 3 (BILL BRASWELL)

K.1. Commissioner Braswell Comments.

Minutes: Commissioner Braswell welcomed the two new commissioners.

COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO)

L.1. Commissioner Santiago Comments.

Minutes: Commissioner Santiago congratulated Commissioners Scott and Troutman.

She said it is good to have another female on the Board. She said it has been since the

1990's since we have had two females on the Board.

COMMISSIONER DISTRICT 5 (MICHAEL SCOTT)

M.1. Commissioner Scott Comments.

Minutes: Commissioner Scott said thank you for the support from the Board and the

welcoming from all the staff. He said it has been a refreshing breath of fresh air with

the great talent we have. He said he would like for staff to bring something to the Board

on closed basins to talk about the design requirements. He said there was quite a bit of

flooding during the hurricane and after the storm goes away there is no point for the

water to go and drain off.

County Manager Bill Beasley said that topic is set for a work session within the next 30

days.

COMMISSIONER DISTRICT 2 (RICK WILSON)

J.1. Commissioner Wilson Comments.

Minutes: Chair Wilson said it is an honor to have our new commissioners here. He

said our county is very blessed. He stated we have some great people and staff that

keeps us heading in the right direction. He welcomed the new commissioners and said

he looks forward to working with them.

EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089

Minutes: County Attorney Randy Mink reminded the audience of the procedures for

the expedited hearings and the public hearings. He swore in those who plan to speak.

O.1. Public Hearing (LDCPAS-2024-16 Dinaco LLC CPA) (Adoption Hearing) to

consider a Future Land Use change from Residential Suburban (RS) to Linear

Commercial Corridor (LCC) on +/- 0.8 acres in the Suburban Development Area

(SDA). (No Fiscal Impact)

Minutes: Land Development Director Ben Ziskal reviewed the proposed land use

change. He said that the Planning Commission and staff recommend approval.

The Chair opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Martha Santiago

Bill Braswell

Troutman, Wilson, Braswell, Santiago, and Scott

O.2. Public Hearing (LDCPAS-2024-19 Lakeland Highlands OC CPA) (Adoption

Hearing) to consider a Future Land Use Map change from Residential Medium

(RM) to Office Center (OC) on +/- 1.4 acres in the Transit Supportive

Development Area (TSDA). (No Fiscal Impact)

Minutes: Land Development Director Ben Ziskal reviewed the proposed land use map

change. He said that the Planning Commission and staff recommend approval.

The Chair opened a public hearing; no one spoke.

RESULT:

MOVER:

APPROVED

Bill Braswell

Becky Troutman

Troutman, Wilson, Braswell, Santiago, and Scott

SECONDER:

AYE:

O.3. Public Hearing (LDCT-2024-23 Subdivision of Lots with Multiple Structures)

(First Reading) to consider the adoption of a County-initiated request to allow

lots with multiple units in existence for over 20 years to subdivide regardless of

the minimum lot size, provided certain conditions can be met.

Minutes: Land Development Director Ben Ziskal reviewed the proposed text

amendment. He said this is the first reading. He said that the Planning Commission

and staff recommend approval.

Upon question, Mr. Ziskal said there is flexibility and they could seek an easement or

independent driveway.

The Chair opened a public hearing; no one spoke.

PUBLIC HEARINGS

P.1. Public Hearing to consider adoption of a resolution to vacate portions of platted

public drainage and utility easements as shown on the Plat of River Ranch

Shores Unit One. (No fiscal impact)

Minutes: Scott Lowery, Real Estate Services, showed slides and reviewed the

proposed vacation request. He said there are no objections to the proposed request.

He recommended approval.

The Chair opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

P.2. Public Hearing (LDPD-2024-2 Shepherd Rd Multi-family) (De Novo Hearing) to

consider an appeal to the Planning Commission’s decision to deny

LDPD-2024-2.

Minutes: County Attorney Randy Mink read the De Novo hearing procedures.

Commissioners Troutman, Braswell, Wilson and Santiago said they have not had any

ex parte communications.

Commissioner Scott said he has had communications with staff.

Erik Peterson, Land Development, showed slides and said the request is for a 200 unit

apartment complex that is four-stories high on 14.58 acres. He said that the Planning

Commission recommended denial. He said the height limit is 75 feet. He showed slides

of the site and showed the creek on the site. He said the primary access will be shared

with a commercial out parcel. He showed the drainage areas. He showed an

approximate location of where the buildings will be located. He discussed the

surrounding areas. He said that staff recommends approval and that it meets the

standards for a Planned Development (PD). He said it is compatible with the

surrounding area. He said this is consistent with the Comprehensive Plan.

Upon question, Mr. Peterson said right now it is ten units to the acre with 145 units. He

said he does not have any information on the flooding from the recent hurricane. He

said that the Planning Commission had concerns with parking; he said the site plan

shows below the two spaces per unit and he said this is not an issue that is approved

at this level. He said that staff has a process for evaluating waivers for the parking

standard. He said they could put a condition on this site that they not go below the

minimum and then staff could not grant a waiver. He said they require sufficient data

and analysis for waivers. He said we do waive parking standards for many uses. He

said the standard for parking is two spaces per unit and that assumes every unit is the

same; he said they are providing 1.75 per unit. He said Community Activity Center is

next to the site and allows for retail, restaurants, or offices. He said for drive-thrus there

are standards for setting back the drive-thru lanes. He said this is the first four-story

structure in the area and the abutting property is three stories with higher density. He

confirmed that this would be higher by one story. He reviewed the PD requirements

and how the applicant got their bonus points. He said they will be sharing the same

entrance as the road going into the apartment complex. He discussed the creek and

showed the retention areas. He said the Residential High use would allow for four

possibly five stories and the current land use grants them 10 units per acre. He said

they are asking for 200 but they may not get there with the design of the site. He

confirmed that staff finds this compatible with the surrounding area and consistent with

the Land Development Code.

John McVay, applicant, said this area is close to 90% developed along the Shepherd

Road corridor. He discussed the surrounding areas. He said they have been working

with staff trying to figure a way to improve the drainage in Imperial Lakes. He said they

are committed to 100% retention with discharge after the 100-year. He said they are

committed to two parking spaces per unit. He said they will commit to only three story

buildings. He said during Hurricane Milton the ditches and retention pond filled up. He

said there was a little bit of water outside the main channel of the ditch. He said the

intention is to dig in the retention ponds to hold the stormwater but also to raise the site

a couple of feet to eliminate flooding issues. He said the access to Shepherd Road will

be shared with a commercial use and he said the commercial will be approved under

its' own site plan. He said the county may give a right-in/right-out. He said they have

provided recreation area. He said the Fire Department wanted an emergency entrance

because it is 100 units. He said there is a lift station on their property for the

apartments next to them and they are willing to give them an easement. He said their

goal is to do a quality development and make it a nice place and community. He said it

has a transit stop, sidewalks, water, sewer, schools and recreation. He asked for

approval.

Upon question, Mr. McVay said he would honor any conditions limiting from this four

story to three story, the two parking spaces per unit, and a 100-year storm design. He

said it is not a closed basin it is a compromised basin. He said there would be zero

discharge until the 100-year event stage. He said there is not an existing easement for

the lift station and they are willing to work with that community.

Mr. Mink said this has been an issue they have been trying to work it out for several

years. He said they could put a condition on the 100-year event. He said he does not

think we can put a condition involving the easement.

The Chair opened a public hearing.

Larry Bejnarowicz said his concern is that it was initially for 33 homes and now they

have changed it to an apartment complex. He said if they elevate this property it will

flood down to their property. He said to build a wall to prevent the water from coming

into their units. He said that is what happened with Sundance and said once Sundance

was developed it flooded.

Judy Swem gave the Board a stack of statements from residents. She said this is the

overflow flooding area from Imperial Lakes. She discussed flooding and said they will

be flooded out. She discussed concerns with the emergency exit. She said to deny this.

George Lord discussed the existing pond near Publix and he said it is overcome with

vegetation. He said that the owners need to be required to keep the pond clean.

Bill Geasa said he appreciates witnessing the oaths this morning. He said he

appreciates what was approved this morning with the item for flooding in Imperial

Lakes. He said he is concerned with the flow of water. He asked how do we ensure

that the emergency exit is only an emergency exit.

Thomas Robinson said they have had three lift station companies certify that their lift

station has no issue. He said it was recorded on a public easement. He said it has

been there 40 years and he said they do no not need any help with a shared/new lift

station.

The Chair closed the public hearing.

Mr. McVay responded to public comment. He said today is the first day they have

heard the lift station is operational and in good shape. He said they will put in their own

lift station and pump where they need to pump. He said the county is doing the

drainage to the south. He said they have committed to three stories, 100-year storm

and two parking spaces per unit. He said the emergency entrance is there if their

entrance gets blocked by an accident or if Imperial Lakes gets blocked; he said the Fire

Code requires that. He said the emergency entrance is not for the residents to use.

Upon question, Mr. McVay said the pond is being shared by three groups; Publix, the

north-edge side of the golf course and this site. He said they will clean out the pond

and the ditch and have a maintenance agreement. He said it has not been maintained

in years.

Upon question, Roads and Drainage Director Jay Jarvis said there is a separation with

the basins. He said when Imperial Lakes south flooded it would back up into part of the

system but is has been concentrated more to the south. He said it may alleviate some