Polk County Board of County Commissioners

Meeting Minutes - Final

November 07, 2023 Regular BoCC meeting

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CALL TO ORDER - 9:00 a.m. (GEORGE LINDSEY, CHAIR)

INVOCATION

Murphy Hanley, Polk County Fire Rescue Chaplain

PLEDGE OF ALLEGIANCE (GEORGE LINDSEY, CHAIR)

PRESENTATIONS and RECOGNITIONS

A.1. Employee Recognition

Minutes: The Board recognized Robert Richards from Information Technology and

Lisa Smith from Fire Rescue for their years of service.

CEREMONIAL PROCLAMATIONS

REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE

HEARD

C.1. Comments.

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

APPROVE CONSENT AGENDA

RESULT:

MOVER:

APPROVED

Martha Santiago

Bill Braswell

SECONDER:

AYE:

Lindsey, Braswell, Combee, Santiago, and Wilson

D.1. Approve Consent Agenda.

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 October 17, 2023.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Martha Santiago

Rick Wilson

Lindsey, Braswell, Combee, Santiago, and Wilson

COUNTY ATTORNEY (RANDY MINK)

G.1. Conservation Land Acquisition Selection Advisory Committee (CLASAC)

recommendations on the following sites nominated to the Environmental Lands

Program are to pursue acquisition on EL-100-23, EL-101-23, EL-102-23,

EL-104-23 and EL-105-23 and to not pursue acquisition of EL-103-23. (No

Fiscal Impact)

Minutes: County Attorney Randy Mink discussed the Conservation Land Acquisition

Selection Advisory Committee (CLASAC) recommendations on the following sites

nominated to the Environmental Lands Program and to pursue acquisition on

EL-100-23, EL-101-23, EL-102-23, EL-104-23 and EL-105-23 and to not pursue

acquisition of EL-103-23.

Chair Lindsey recused from voting.

Gaye Sharpe, Parks and Natural Resources Director, showed slides and discussed the

six sites nominated for acquisition. She showed a map of where the sites are located.

Tabitha Biehl, Parks and Natural Resources, discussed the properties and gave

background information on the sites.

Commissioner Wilson said these are different properties across the board and are

great conservation. He said we will see how many we can wind up with. He thanked

everyone on CLASAC and our staff. He said this is hard work.

Upon question, Ms. Biehl said that they will be looking at partnerships and how quickly

the seller wants to move forward. She said we are pursuing each of these as they

move forward. She said they are in constant communication with the state and local

partners, municipalities and non-profits.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Rick Wilson

Braswell, Combee, Santiago, and Wilson

Lindsey

Recused:

COUNTY MANAGER (BILL BEASLEY)

H.1. Approve Standard Grant Agreement #22FRP12 with the State of Florida

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

project: “Polk County Peace Creek Canal Basin Wetland Restoration”

($7,050,000 one-time revenue).

Minutes: County Manager Bill Beasley discussed the Standard Grant Agreement

#22FRP12 with the State of Florida Department of Environmental Protection (FDEP) to

provide funding for the project Polk County Peace Creek Canal Basin Wetland

Restoration. He recommended approval.

Tabitha Biehl, Parks and Natural Resources, said this is a watershed approach project.

She gave an overview of the canal project for flood relief.

Mr. Beasley said this is a work in progress and is a multi-year initiative.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

H.2. Request Board approve (1) construction contract with CenState Contractors, Inc.

for the Jordan’s Grove ground storage reservoir & high service pump station

project (one-time expense of $3,070,000.00 from American Rescue Plan Funds

and $1,599,350.00 from Utilities Operating Funds), and (2) CIP amendment to

the FY 24/25 Utilities Community Investment Program Expansion budget from

reserves in the amount of $278,908.00.

Minutes: County Manager Bill Beasley discussed the construction contract with

CenState Contractors, Inc., for the Jordan's Grove ground storage reservoir and high

service pump station project, and CIP amendment to the Fiscal Year 2024/2025

Utilities Community Investment Program Expansion budget from reserves in the

amount of $278,908.00. He recommended approval.

RESULT:

MOVER:

APPROVED

Neil Combee

Rick Wilson

SECONDER:

AYE:

Lindsey, Braswell, Combee, Santiago, and Wilson

H.3. Approve Infrastructure Agreement with Pulte Home Company, LLC, (developer)

for Wastewater Improvements serving Belle Haven ($497,471.00 not-to-exceed

cost).

Minutes: County Manager Bill Beasley discussed the Infrastructure Agreement with

Pulte Home Company, LLC, for Wastewater Improvements serving Belle Haven. He

recommended approval.

Upon question, Utilities Director Tamara Richardson said the cost came from the

contractor for what they were billed. She said the lift station has been constructed and

we are reimbursing them. She said that the contractor gives a price for what they

require and they give the price for what we require and we pay the difference.

Mr. Beasley said we do ask for them to competitively quote this project. He said we

review the line items for materials, labor and quantities. He said it meets the take-offs

that they have calculated.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

H.4. Approve the Infrastructure Agreement between Blackfin Champions, LLC. and

Polk County for Hwy 27 and Four Corners Blvd Intersection ($738,189.87 One

Time Expense).

Minutes: County Manager Bill Beasley discussed the Infrastructure Agreement

between Blackfin Champions, LLC., for Highway 27 and the Four Corners Boulevard

Intersection. He recommended approval.

Commissioner Combee said almost twenty years ago he was involved in signalizing the

shopping center and it cost us more than that for the signal. He said it looks like a good

deal to him.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Combee, Santiago, and Wilson

H.5. Approve an Asset Purchase Agreement between Millennial Property

Investments Corp., Blue Falcon Operations Corporation and Polk County for the

sale of the Rohr Home ($5,000,000 one-time revenue)

Minutes: County Manager Bill Beasley discussed the Asset Purchase Agreement

between Millennial Property Investments Corp., Blue Falcon Operations Corporation

and Polk County for the sale of the Rohr Home. He said it is a monumental time. He

said he understands the relationship with the Rohr Home with the community. He said

these are the right people with the right corporation at the right time. He recommended

approval.

Dan Jones, Blue Falcon Operations, discussed their qualifications. He said they do not

want to change anything with the Rohr Home. He said they want to grow more and said

they appreciate everything Polk County has given them.

Commissioner Wilson said he knows a lot of people that went through there. He said

he did not want to see the county get out of this business. He said we were the only

county in the state with a nursing home and then they went through Covid. He said he

feels good about what is going on. He said he just wants the nursing home to carry on

and it is one of the best there is. He said to keep doing what we are doing and to help

people in the community.

Mr. Jones said the first admission after the closing is his grandmother.

Commissioner Braswell said this has a lot of history in Bartow. He said having a Bartow

native running this will put everyone at ease. He said everyone should be happy with

the results.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Combee, Santiago, and Wilson

COMMISSIONER DISTRICT 2 (RICK WILSON)

I.1. Commissioner Wilson Comments.

Minutes: Commissioner Wilson had no comments at this time.

COMMISSIONER DISTRICT 3 (BILL BRASWELL)

J.1. Commissioner Braswell Comments.

Minutes: Commissioner Braswell congratulated County Manager Bill Beasley on

refereeing high school football games for 26 seasons. He said some people really like

him, some want to kill him and he said to keep an eye out. He congratulated him.

COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO)

K.1. Re-appoint Robert Sheffield to the Polk County Lakes Access Advisory

Committee for the three-year term, November 17, 2023, to November 16, 2026.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Martha Santiago

Bill Braswell

Lindsey, Braswell, Combee, Santiago, and Wilson

K.2. Re-appoint Dr. Robert S. Hinds to serve as a member of the Housing Finance

Authority for the four-year term, December 1, 2023, to November 30, 2027.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Martha Santiago

Neil Combee

Lindsey, Braswell, Combee, Santiago, and Wilson

K.3. Commissioner Santiago Comments.

Minutes: Commissioner Santiago said she will let Chair Lindsey talk about the Cherry

Hill ribbon cutting.

COMMISSIONER DISTRICT 5 (NEIL COMBEE)

L.1. Commissioner Combee Comments.

Minutes: Commissioner Combee asked for a report from Mosaic on the tear. He said

he does not know if there is something we should be doing. He said he wants the

Board to be aware if we should be doing something.

He discussed the sun rail and said they took a vote with TPO that he voted against. He

said we should not go down that track, we are going to spend lots of money and he

does not think it is viable. He said we are not New York City or Chicago and he said it

will not provide relief on I-4. He said there are so many people in this county that will be

paying for it who will never be able to access or benefit from it because they are too far

away from a station or I-4. He said he would like for the Board to say yay or nay on

this. He asked at what cost and said that every dime we spend will be taken away from

other projects for traffic.

Commissioner Braswell said this is expensive and a lot of us do not agree with it. He

said to nip it in the bud sooner than later sounds like a good endeavor.

County Manager Bill Beasley said DOT is working at the request of TPO. He said the

county has individual votes on TPO and the decision will not rest on the Board alone.

He said it is TPO. He said it does not move forward well without the county's funding

and support at the operational level.

Commissioner Braswell there has to be a number for the amount that the county will

kick-in.

Mr. Beasley said as you get closer to the engineering studies that TPO authorized DEO

to proceed with. He said with that you will get into the operational expenses, capital

expenses and prop share of those operating expenses.

Commissioner Wilson said TPO has 23 votes and if the Board was against it, it will still

be approved. He said if they move it on then at some point we need to say we are not

for it.

Chair Lindsey said with the presentation their request was to allow the state to continue

with their funding. He said as the price tag becomes more evident that is what will kill it.

He said there is some enthusiasm from municipalities. He said they have asked and

they have not turned over the cost and they have been capturing the cost and know

where it is going. He said if a funding mechanism comes to pass that will transcend

multi-jurisdictions and the county will be the heavy player in that decision. He said if we

do not bludgeon the data to give us the answer we want then the data will make it

impractical to operate.

Commissioner Santiago said DOT appropriated $1.5 million to continue with the design

and study of this. She said that is state appropriated money. She said majority of the

commissioners voted no and what was proposed went through. She said they need to

continue to voice their opinions. She said not everybody on the TPO committee is for

the sun rail. She said she wants to see this moving forward and she wants to see the

study completed. She said 20 years down the road we do not know how it will impact

Polk County.

Commissioner Combee said at some point every dollar that is spent by DOT or

anybody else is lost. He said he does not think the Board has much interest in funding

the sun rail. He said the price tag is more than we can every justify based on how

others perform and it is not going to be magic. He said he wants to get out while we

can escape.

Chair Lindsey said people want it until they tell them how much. He said we will let it

play out and see what happens.

COMMISSIONER DISTRICT 1 (GEORGE LINDSEY, CHAIR)

M.1. Reappoint Kathryn E. Bevilacqua-Ely to the Early Learning Coalition of Polk

County for the four-year term, May 6, 2022 through May 5, 2026.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Combee, Santiago, and Wilson

M.2. Chair Lindsey Comments.

Minutes: Chair Lindsey reminded the audience to vote in the municipal elections today

in Fort Meade, Winter Haven, Lakeland and Auburndale. He said enough has been

said about Cherry Hill. He said it was a great event.

LAY BOARD APPOINTMENTS

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) (Transmittal

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 discussed the proposed amendment.

He said that the Planning Commission recommends approval. He said that staff

recommends approval for transmittal.

The Chair opened a public hearing; no one spoke.

Upon question, County Manager Bill Beasley said RussMatt is on the baseball fields

and there is league play on some of the baseball, soccer and multi-purpose fields.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

PUBLIC HEARINGS

P.1. PUBLIC HEARING to consider the adoption of an ordinance setting the yearly

salary of Commissioners in accordance with Section 2.5 of the Polk County

Charter.

Minutes: County Attorney Randy Mink discussed the ordinance setting the yearly

salary of Commissioners in accordance with Section 2.5 of the Polk County Charter.

The Chair opened a public hearing; no one spoke.

Commissioner Combee thanked the County Manager and the Clerk for providing him

an option to decline but he is happy to vote for everybody else.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Combee, Santiago, and Wilson

P.2. PUBLIC HEARING to consider adoption of an ordinance prohibiting smoking

and vaping in public parks within unincorporated Polk County.

Minutes: County Attorney Randy Mink discussed the ordinance prohibiting smoking

and vaping in public parks within unincorporated Polk County.

The Chair opened a public hearing.

Troy Livingsone, President of the Students Working Against Tobacco (SWAT),

discussed the dangers of second-hand smoke. He said 1.2 million non-smokers die

each year from second-hand smoke.

Michel Pascual, Vice President SWAT, discussed how harmful cigarettes are to people

and the environment.

Chair Lindsey thanked them for being here with us.

The Chair closed the public hearing.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Martha Santiago

Lindsey, Braswell, Combee, Santiago, and Wilson

ANNOUNCEMENTS

Minutes: Meeting adjourned at 10:00 a.m.