Polk County Board of County Commissioners

Meeting Minutes - Final

January 09, 2024 Regular BoCC meeting

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

INVOCATION

Murphy Hanley, Polk County Fire Rescue Chaplain

PLEDGE OF ALLEGIANCE (BILL BRASWELL, CHAIR)

REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE

HEARD

C.1. Comments.

Minutes: Stacy Hurst said they are having issues with roadway maintenance being

maintained. She said she is on the board for the Redbridge Square HOA. She said

they have been talking with Code Enforcement and was told that they are not here to

beautify the road. She said it is a safety issue and they cannot see beyond the street

signs and the poles. She said they are getting no where and the property management

company wanted her to speak.

Charlie Perez said there is an intersection at FDC and Holly Hill where it is hard to see

that there is a stop sign there.

Chris Peterson said he is here for an issue with the Florida Pace Funding Agency

(FPFA) and the county. He discussed the judicial bond validation. He said that the Tax

Collector advised them that they will not put this on the tax roll. He said they assume

the courts and the legislature will resolve the preemption issue. He said the proposed

solution is a curative IOA and a short term agreement to allow those projects to be

placed on the tax roll. He said the FPFA is not being harmed by this issue it is the

property owners and the contractors.

County Attorney Randy Mink said there is a current litigation case and he advised no

further comment. He said if there is a negotiated settlement they need to go through

their attorneys and our office and they will negotiate in good faith when it is received.

Mr. Peterson said he does not know the number of owners and the dollar value.

Tashana True said there is a problem in Polk County Fire Administration. She said it

started after Jerry Riner was fired after 28 years and now Battalion Chief Charlie True

has been fired.She said there are so many problems going on. She said the City of

Frostproof supports their fire fighters. She said the fire fighters will not volunteer any of

their time under the current administration. She said they had exemplary records and

saved many lives. She said to listen to the citizens and act on what is fair, right and

what is best.

James Abercrombie discussed permits and said it is insurance. He said he has been

through the Building and Inspection department and spoke to the County Attorney's

office. He discussed his roof repair and said the permit is still on his wall. He said there

is no signature on the permit and it will cost him more. He said he will be back and he

wants conclusion on this. He said he wants all public records and wants it in writing.

Robert Goodman said he is here in support of the fire fighters. He asked if the fire

fighters were notified in writing about the pay for working during an emergency. He

asked if the county received FEMA funds. He said they were paid 100% for a

conference for their hours and it does not seem logical to help with emergency after

Hurricane Ian with 50% pay. He asked what was the insubordination that the battalion

chief was fired for.

Mr. Mink said this is the discipline of an employee and is a personnel matter outside

the purview of the Board. He said the individuals that are disciplined have due process

rights under our handbook and the collective bargaining agreement. He asked the

Board to not comment on a specific personnel matter at this time until it goes through

the process.

APPROVE CONSENT AGENDA

D.1. Approve Consent Agenda.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

George Lindsey

Rick Wilson

Lindsey, Braswell, Combee, Santiago, and Wilson

COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA)

E.1. Disbursements.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

E.2. Minutes of Regular Board meeting held on December 19, 2023.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Martha Santiago

Rick Wilson

Lindsey, Braswell, Combee, Santiago, and Wilson

COUNTY ATTORNEY (RANDY MINK)

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.

Minutes: County Attorney Randy Mink discussed the 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 and the City of Lake Wales for the proposed

expansion of the boundaries of the CRA. He recommended approval.

Upon question, Mr. Mink said it allows them to be put on notice and allows us to go

through the process to negotiate if there is something they can agree upon.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

George Lindsey

Lindsey, Braswell, Combee, Santiago, and Wilson

COUNTY MANAGER (BILL BEASLEY)

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.

Minutes: County Manager Bill Beasley discussed Modification No. One to Contract #

H0573 for Project # 4337-423-R, Polk County, FRS/EMS Protective Measures, Wind

Retrofit for twenty-five FRS/EMS Stations, between the Florida Division of Emergency

Management FEMA HMGP and Polk County for the Federal Emergency Management

Agency's Hazard Mitigation Grant Program funding Agreement and CIP amendment,

Budget Resolution, and transfer from reserves to establish a budget for the

modification of the project budget. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Neil Combee

Lindsey, Braswell, Combee, Santiago, and Wilson

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)

Minutes: County Manager Bill Beasley discussed the construction contracts with

Robert Binns Roofing, Inc., R.F. Lusa & Sons Sheet Metal, Inc., and Architectural

Sheet Metal, Inc.,for the roof replacement of 21 Fire Rescue/Emergency Medical

Services stations. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Rick Wilson

Lindsey, Braswell, Combee, Santiago, and Wilson

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).

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

Industrial Constructors, LLC, and Rodman Development, Inc., for the installation of

replacement overhead doors at 23 Fire Rescue/Emergency Medical Services stations.

He recommended approval.

Upon question, Mr. Beasley said each station has multiple doors.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Neil Combee

Lindsey, Braswell, Combee, Santiago, and Wilson

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).

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

Construction, Inc., for the installation of replacement window shutter systems at 25 Fire

Rescue/Emergency Medical Services stations. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

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.

Minutes: County Manager Bill Beasley discussed the Resolution accepting 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 and adopt a budget resolution to amend the FY

23/24 budget. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

COMMISSIONER DISTRICT 1 (GEORGE LINDSEY)

I.1. Commissioner Lindsey Comments.

Minutes: Commissioner Lindsey discussed the recent passing of Brenda Taylor and

said she was the first female county elected county commissioner in 1976. He said

after her term in office she served the Polk County Economic Development Council and

did a great job. He said they had 90 participants on the annual New Year's Day walk

and said it was another success.

COMMISSIONER DISTRICT 2 (RICK WILSON)

J.1. Commissioner Wilson Comments.

Minutes: Commissioner Wilson said he wants to make sure we have all the

information and details with what they are about to discuss. He said he wants to listen

more than talk right now. He wished everyone a Happy New Year.

COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO)

K.1. Commissioner Santiago Comments.

Minutes: Commissioner Santiago wished everyone a Happy New Year.

COMMISSIONER DISTRICT 5 (NEIL COMBEE)

L.1. Commissioner Combee Comments.

Minutes: Commissioner Combee wished everyone a Happy New Year. He thanked

Commissioner Lindsey for mentioning Brenda Taylor and said she served honorably for

a number of years. He said she also worked in right-of-way acquisitions. He said she

was a classy lady and she will be missed by many people.

COMMISSIONER DISTRICT 3 (BILL BRASWELL, CHAIR)

M.1. Chair Braswell Comments.

Minutes: Chair Braswell said a lot has happened and he does not have enough

information to make any comments on this specific case. He said between the staff,

county and the union there are procedures and processes in place to deal with these

matters. He said we have a management problem in our fire department and it starts

with Mr. Beasley. He said he has been here seven years and he has watched problem

after problem come out of our fire department. He said it was easy to say it was rank

and file for a long time but the fact remains we still have problems. He discussed the

different leadership styles in the military and at Delta Airlines. He said it starts at the

top. He said we need a top down audit of our management, procedures, policies how

we run our fire department, and how we run personnel. He said there is something

wrong here and the fire department has been the problem child since day one. He said

if there is a problem in Code Enforcement and Planning no one is going to die or get

hurt. He said they need to work together. He said he spoke to Stacy Butterfield and

said there has to be an auditing/consulting group or an independent audit separate

from fire because there has to be a problem there.

Commissioner Combee said the problem is systemic. He said nothing compares to the

issues with fire and it has been going on for a long time and it is a top-down issue. He

discussed how this happened years ago with the Water Management District. He

discussed looking at the organizational structure and he said this needs to happen and

it needs to happen quickly. He said lives depend on the work of the fire fighters, the

paramedics, and EMT's. He said there is a problem and there may be more than one

problem. He said he is not pro-union or anti-union that he is pro-right and pro-knowing

from right and wrong. He said when you are dealing with the union people have to be

treated equally and you have to have your policies in writing and you cannot make

them up on the fly. He said it is up to those people at the top to make sure those

policies are in place, equally enforced and published for all to see. He said that is what

we need to look at. He said he is not sure about having those with no fire

experience/knowledge.

Chair Braswell said he has no idea what is out there. He said he can work with Clerk

Butterfield and see what they can find prior to the next agenda briefing and discuss it

then.

Commissioner Combee said for the Water Management District it was shocking what

they found and it was hard to defend what was going on. He said it has to be monitored

and the sooner we get started the quicker we can solve the problem.

Commissioner Santiago said she has been here six years and she was hoping they

would have the issues with Fire Rescue taken care of. She said she was disappointed

to once again read about a situation. She said she does not have enough information

and she approves of someone coming in and wants them to be objective and to not

have anything to do with any of the departments. She said we can take care of this and

she approves moving forward on that.

Commissioner Wilson said when the woman passed away in the Kathleen area we

brought in an outside firm to look at our organization. He said the first day he walked in

here they were having problems in the fire department. He said there is always

something that is going to happen good or bad. He said most of the people are wanting

to see what the county is going to do. He said he wants to find out what went on and

see what did happen. He said you have to have leadership to get the job done right.

He said when it happens over and over something is not right. He said he wants to find

out and he is not going to point fingers at anybody. He said sometimes it is people,

human beings and egos. He said you will continue to have problems and it needs to

change. He said he wants to hear both sides.

Commissioner Lindsey said he has complete confidence in the leadership and the

manager's office. He said we are dealing with a unique work environment where people

work 24 hours a day with time to talk and compare notes. He said he does not see any

evidence that service has been compromised and when the bell rings everything is put

aside and these professionals from top to bottom respond accordingly. He said we are

dealing with personnel policy manuals and collective bargaining agreements and he

said when all else fails read the instructions. He said that is why there are grievance

procedures, grievance processes and adopted standards. He said he is not opposed to

a fresh look and said he does not see this as a repudiation of leadership. He said it is a

matter of codifying where the friction points might be.

Commissioner Santiago said that is why an objective entity would be best because they

would be fair on both sides to see exactly what is going on.

Mr. Mink said the general policies can be provided to the Board by the County

Manager's office. He said for this specific case they should allow it to go through the

grievance process and the union will be involved with that. He said the Board will find

out and that will become public.

Chair Braswell said they will have something at the next agenda review.

EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089

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

public hearings and swore in those who plan to speak.

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.

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

change. He said that staff recommends approval.

The Chair opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

George Lindsey

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

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).

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

change. He said that staff recommends approval.

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,

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)

Minutes: Real Estate Service Administrator Wade Allen discussed the 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. He said there was an objection to the property owner to the east and said

their primary access is not where this right-of-way is located. He said there are no other

objections to the request. He recommended approval.

The Chair opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

George Lindsey

Rick Wilson

Lindsey, Braswell, Combee, Santiago, and Wilson

ANNOUNCEMENTS

Minutes: Meeting adjourned at 10:06 a.m.