Polk County Board of County Commissioners

Meeting Minutes - Final

March 04, 2025 Regular BoCC meeting

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If a person decides to appeal any decision made by the board with respect to any matter considered at such meeting or

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CALL TO ORDER - 9:00 a.m. (RICK WILSON, CHAIR)

INVOCATION

Murphy Hanley, Polk County Fire Rescue Chaplain

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

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:

APPROVED

Martha Santiago

Bill Braswell

Troutman, Wilson, Braswell, Santiago, and Scott

MOVER:

SECONDER:

AYE:

E.2. Minutes of Regular Board meeting held on February 18, 2025.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Martha Santiago

Bill Braswell

Troutman, Wilson, Braswell, Santiago, and Scott

COUNTY MANAGER (BILL BEASLEY)

H.4. Confirm the appointment of Shawn Smith to serve as Polk County Fire Rescue

Services Director (Fire Rescue Chief).

Minutes: County Manager Bill Beasley discussed the appointment of Shawn Smith

serving as the Polk County Fire Rescue Services Director. He said he is recommending

that he be appointed as the permanent Fire Chief effective today, March 4, 2025.

Fire Chief Shawn Smith said he is honored to serve as Fire Chief. He thanked the

Commissioners, and County Manager Bill Beasley, Deputy County Manager Joe

Halman, Dr. Banerjee, the Fire Rescue family, and his family for their support. He

thanked Jesus Christ. He said it is faith, family and fire and that is what he stresses to

his organization. He pledged passion and integrity in everything that he does.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

H.1. Approve Amendment No.3 to Agreement 2022-077, with Wright-Pierce, Inc. to

provide Part 4 construction administration services for the Northeast Regional

Wastewater Treatment Facility Expansion from 6.0 MGD to 9.0 MGD.

($9,658,092.00 one-time expense)

Minutes: County Manager Bill Beasley discussed Amendment No.3 to agreement

2022-077, with Wright-Pierce, Inc., providing Part 4 construction administration

services for the Northeast Regional Wastewater Treatment facility expansion from 6.0

Million Gallons Daily (MGD) to 9.0 MGD. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Martha Santiago

Bill Braswell

Troutman, Wilson, Braswell, Santiago, and Scott

H.2. Approve agreement with Black & Veatch Corporation to provide Part 1

engineering services for improvements to the southwest regional wastewater

treatment facility. ($3,100,586.00 one-time expense)

Minutes: County Manager Bill Beasley discussed the agreement with Black & Veatch

Corporation to provide Part 1 engineering services for improvements to the Southwest

Regional Wastewater treatment facility. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Becky Troutman

Troutman, Wilson, Braswell, Santiago, and Scott

H.3. Approve the Seventh Amendment to the Cypress Lake Alternative Water Supply

Agreement with the Water Cooperative of Central Florida relating to the Cypress

Lake Wellfield. ($1,840,000 not-to-exceed, one-time expense)

Minutes: County Manager Bill Beasley discussed the seventh amendment to the

Cypress Lake Alternative Water Supply Agreement with the Water Cooperative of

Central Florida relating to the Cypress Lake Wellfield. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Becky Troutman

Troutman, Wilson, Braswell, Santiago, and Scott

COMMISSIONER DISTRICT 1 (BECKY TROUTMAN)

I.1. Commissioner Troutman Comments.

Minutes: Commissioner Troutman had no comments at this time.

COMMISSIONER DISTRICT 3 (BILL BRASWELL)

J.1. Commissioner Braswell Comments.

Minutes: Commissioner Braswell wished his mom a Happy Birthday and that she turns

96 today. He said for the last one to two years we have shifted to bidding everything

straight out as opposed to Construction Manager at Risk (CMAR). He said as he talks

to Keith and other people it is causing projects to be drug out longer and costing more

money.

County Manager Bill Beasley said we will talk about this at a work session.

Commissioner Braswell said we need Mr. Beasley to use every tool he has to get jobs

done as quickly and efficiently as they can. He said that is the best way to do it and that

is what we want.

Mr. Beasley said several years ago the Board seemed to gravitate back to a traditional

design, bid, build concept. He said he is hearing that he is being given some latitude to

use the other tools to deliver projects. He said there are a good half a dozen methods

to do that, one of which is CMAR. He said we are doing that now on the northeast

plant. He said he is taking it as the Board giving him the green light to be creative about

the tools that are available to deliver projects, do them faster, and hopefully cheaper.

Commissioner Troutman said that is something she heard a lot as she was asking to

have this job. She said we get more local people involved that live in this community

and it is not just come in and bid the lowest and out they go. She said she is excited to

see the tools being used.

COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO)

K.1. Commissioner Santiago Comments.

Minutes: Commissioner Santiago had no comments at this time.

COMMISSIONER DISTRICT 5 (MICHAEL SCOTT)

L.1. Commissioner Scott Comments.

Minutes: Commissioner Scott said he has received a lot of contacts on Mulberry's

issues on water supply. He said he knows we are going to talk about that and we have

some things forthcoming. He said the community deserves to know that we are aware

and are working on potential tactics.

COMMISSIONER DISTRICT 2 (RICK WILSON, CHAIR)

M.1. Reappoint Daniel Haight, MD as a Member of the Citizens HealthCare Oversight

Committee, representing Primary Care Physicians, for the four-year term, April

6, 2025 through April 5, 2029.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

M.2. Chair Wilson Comments.

Minutes: Chair Wilson said he wants Ms. Richards to know that on our Consent

Agenda Item R. 15 we had a reclassification on her road and we will be moving

forward.

EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089

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

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

O.1. Public Hearing (LDCT-2024-21 Accessory Structures LDC Text Amendment)

(First Reading) to amend Chapter 2, Section 206.A, Accessory Dwelling Units;

Section 208.F, Accessory Structure Setbacks; Section 209.D, Accessory

Structure Location and Chapter 9, Section 930, to add Accessory Dwelling Units.

(No Fiscal Impact).

Minutes: Land Development Director Ben Ziskal reviewed the proposed text

amendment. He said that staff recommends a 1,000 square feet limit for Accessory

Dwelling Units (ADUs). He stated that the Planning Commission recommends that the

size limitation is 50% of the size of the primary structure. He said this is the first reading

and they are requesting guidance on the size limitations.

Upon question, Mr. Ziskal said some of the challenges is that someone can file to

parcel off a piece of their property. He said the Property Appraiser will process that

subdivision and they have come across some non-conforming lots. He said they are

starting with one primary structure and a second structure almost the same size; he

said a petition is filed to parcel those out. He said by limiting it to 50% or 1,000 square

feet, even if they were to parcel it, it would not be two holistic properties, it would be an

accessory and a primary structure. He said they will work with the Property Appraiser

regarding how they verify that lots are conforming with our code before they are

separated. He said the limitations are so that we do not have two structures that are

then parceled out without a zoning change or proper plat. He said keeping it as 1,000

square feet is treating it as an accessory. He confirmed that the 1,000 square feet is

about impact fees.

Planning and Development Director Ben Dunn said if there is a structure that is 1,000

square feet or under there is an impact fee but they access it as a multi-family. He

stated they ran an analysis of ADUs and the average was 1,000 square feet.

Upon question, Mr. Ziskal said the Planning Commission recommended 50% of the

primary structure. He confirmed that the process for variances is not changing and is a

straight forward process.

The Chair opened a public hearing.

Bobby Williams asked about the square foot limitations for a barn in his backyard.

County Attorney Randy Mink stated is says accessory structure because they are

dealing with dwelling accessory structures for dwelling units.

The Chair closed the public hearing.

Mr.Ziskal said the setbacks is for accessory structure so a shed would have a five foot

set back as opposed to a zero foot setback. He said they are clarifying that accessory

structures are allowed on waterside when your property is dissected by a road.

All Commissioners said they would support the 1,000 square feet limitation on the

ADUs.

O.2. Public Hearing (LDCPAS-2024-28 Space Source Inc CPA) (Adoption Hearing)

to consider the adoption of an applicant-initiated Small-Scale Comprehensive

Plan Map Amendment to change the Future Land Use (FLU) designation from

Development of Regional Impact (DRI) to Neighborhood Activity Center (NACX)

on 7.49 +/- acres in the Poinciana DRI. (No Fiscal Impact)

Minutes: Land Development Director Ben Ziskal reviewed the proposed map

amendment. He said that staff and the Planning Commission 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.3. Public Hearing (LDCU-2024-38 South Fort Meade Mine DRI Extension)

(Adoption Hearing) to consider a request to extend the current Development

Order expiration date 20 years to continue processing mined material at the

South Fort Meade mine on 17,508.5 +/- acres in a Rural Development Area

(RDA) and Phosphate Mining (PM) Future Land Use designation. (No Fiscal

Impact)

Minutes: Land Development Director Ben Ziskal presented this with Item O. 4. He said

the request is to extend the current Development Order and the Development of

Regional Impact for 20 years to continue processing mined material at the South Fort

Meade mine. He said that staff recommends approval.

The Chair opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Becky Troutman

Troutman, Wilson, Braswell, Santiago, and Scott

O.4. Public Hearing (LDDRI-2024-1 South Fort Meade Mine DRI Extension)

(Adoption Hearing) to consider a request to extend the current Development

Order expiration date 20 years to continue processing mined material at the

South Fort Meade mine on 17,508.5 +/- acres in a Rural Development Area

(RDA) and Phosphate Mining (PM) Future Land Use designation. (No Fiscal

Impact)

Minutes: This case was presented with the previous hearing.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Becky Troutman

Troutman, Wilson, Braswell, Santiago, and Scott

PUBLIC HEARINGS

P.1. Public Hearing to consider adoption of a Resolution Allowing for the Installation

of Three Traffic Calming Devices (Speed Humps) on Shenandoah Street, Near

Lakeland. (estimated $15,000.00 one-time expense)

Minutes: Amy Gregory, Traffic Manager, showed slides and reviewed the request for

the installation of three traffic calming devices on Shenandoah Street, near Lakeland.

She said that the traffic calming policy requirements have been met.

The Chair opened a public hearing.

Carol Brown said her child walks down the street to go to school. She said they

desperately need the speed humps. She requested approval.

Sonia Fernandez said there is traffic and speeding. She said there are no sidewalks

and asked for them to vote yes.

The Chair closed the public hearing.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Martha Santiago

Troutman, Wilson, Braswell, Santiago, and Scott

P.2. Public Hearing to consider adoption of a Resolution to vacate and close

maintained right-of-way for Florence Avenue shown as Florence Drive on the

Plat of J. A. Leslie Subdivision, Winter Haven, Florida. (No fiscal impact)

Minutes: Scott Lowery, Real Estate Services, reviewed the request to vacate and

close maintained right-of-way for Florence Avenue shown as Florence Drive on the Plat

of J. A. Leslie Subdivision, Winter Haven. He said there are no objections to the

proposed request. He said Tampa Electric has requested easements from property

owners and they have complied with the 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.3. Public Hearing to consider adoption of a Resolution to vacate portions of platted,

and unmaintained rights-of-way as shown on the Revised Plat of Crooked Lake

Subdivision, Lake Wales, Florida. (No fiscal impact)

Minutes: Scott Lowery, Real Estate Services, reviewed the request to vacate portions

of platted, and unmaintained rights-of-way as shown on the Revised Plat of Crooked

Lake Subdivision, Lake Wales. He said there are no objections to the request. He said

Duke Energy has requested easements from some property owners and they have

complied with the request.

The Chair opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Bill Braswell

Becky Troutman

Troutman, Wilson, Braswell, Santiago, and Scott