Polk County Board of County Commissioners

Meeting Minutes - Final

September 06, 2022 Regular BoCC meeting

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CALL TO ORDER - 9:00 a.m. (MARTHA SANTIAGO, CHAIR)

Commissioner George Lindsey

Commissioner Bill Braswell

Commissioner Rick Wilson

Chair Martha Santiago

Present:

Commissioner Neil Combee

INVOCATION

Bill Dehart, Polk County Fire Rescue Chaplain

PLEDGE OF ALLEGIANCE (MARTHA SANTIAGO, CHAIR)

PRESENTATIONS and RECOGNITIONS

Clerk & Comptroller Stacy M. Butterfield, CPA, to present Polk County’s first-ever deed

book - Deed Book A - which was recently fully preserved by Kofile Technologies, Inc. The

preservation of the historical record is dedicated to the citizens of Polk County. Clerk

Butterfield is also joined by Trae Scism, Client Executive with Kofile Technologies, Inc.

A.1.

Minutes: Stacy M. Butterfield, Clerk of Court, said today she is joined with Trae Scism

with Kofile Technologies. She said they specialize in the preservation and digitization of

records; she said their headquarters are in Dallas, Texas, but Mr. Scism was born and

raised in Polk County. She said this is a special presentation because they have

preserved the first ever deed book from 1861. She said the deed books have seen

some contamination through the years. She said they want to digitize the records so

that they can be available to everyone.

Trae Scism, Kofile Technologies, said non-archival materials were used when these

books were created. He said a lot of paper was made from wood pulp up until 1979. He

said they must be treated properly. He showed an example of a current record book.

He said it is the Clerk's responsibility to be the keeper of the record.

Upon question, Mr. Scism said paper is now made from cotton, linen, or denim.

Mr. Scism said they are digitizing all of the deeds and official records dating back to the

sovereignty of the county. He said this county has a special place in his heart because

he was born and raised here. He said he does this all over the State of Florida. He said

without care these records could be gone forever.

Upon question, Mr. Scism said they can salvage the older records. He said some of the

record books had to be destroyed due to mold and mildew. He said those books were

not recovered. He said they are scheduled to be completed with the digitizing of

records by the end of this fiscal year. He said once a book has been digitized they will

have the capability to recreate a book.

Upon question, Ms. Butterfield said she is not sure of the dates of the books that

needed to be destroyed. She said the goal is to digitize everything from 1861 to

current. She said in 1998 they embarked on a project to make all official records

digitally available from the beginning of 1998 and forward as records were brought in to

be recorded. She said in 2013 they digitized all of the marriage records. She said

everything from 1957 to today has been digitized. She said now they will be working

from 1956 back to 1861. She said they are excited about this project. She discussed

the record of Jacob Summerlin deeding land to the county seat.

Upon question, Mr. Scism explained the preservation and digitization process. He said

everything will have a book and page number. He said these records are deteriorating

because they are handled by the public. He said once they are digitized no one will

need to handle the books again.

Ms. Butterfield said this is important for the preservation and availability of the records.

She said many people use these records on a daily basis.

Commissioner Combee said this will save the public time and money.

Ms. Butterfield said in 2012 when she was elected one of her goals was to make all

records conveniently available to the public and accessible without the need to come to

the courthouse.

CEREMONIAL PROCLAMATIONS

REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE

HEARD

C.1. Comments.

Minutes: There were no public comments.

APPROVE CONSENT AGENDA

D.1. Approve Consent Agenda.

RESULT:

MOVER:

APPROVED

Neil Combee

Rick Wilson

SECONDER:

Lindsey, Braswell, Wilson, Santiago, and Combee

Absent:

COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA)

E.1. Disbursements.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Wilson, Santiago, and Combee

E.2. Minutes of Regular Board meeting held on August 16, 2022.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Wilson, Santiago, and Combee

REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY

COUNTY ATTORNEY (RANDY MINK)

G.1. Proposed Fiscal Year 2022-2023 budget for the Wind Meadows South

Community Development District.

Minutes: County Attorney Randy Mink discussed the proposed Fiscal Year 2022-2023

budget for the Wind Meadows South Community Development District.

Commissioner Lindsey recused from voting.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Neil Combee

Braswell, Wilson, Santiago, and Combee

Lindsey

Recused:

Accept Quit Claim Deed from Wind Meadows South Community Development District for

additional right-of-way for Crews Lake Road in conjunction with development. (No Fiscal Impact)

G.2.

Minutes: County Attorney Randy Mink reviewed the Quit Claim Deed for Wind

Meadows South Community Development District for additional right-of-way for Crews

Lake Road in conjunction with development.

Commissioner Lindsey recused from voting.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Neil Combee

Braswell, Wilson, Santiago, and Combee

Lindsey

Recused:

COUNTY MANAGER (BILL BEASLEY)

H.1. Approve Polk County School Board’s request for release of Educational System

Impact Fees. (No fiscal impact)

Minutes: County Manager Bill Beasley discussed the School Board's request for the

release of Educational System Impact Fees for the purchase of property for a new high

school in the Poinciana area and for the construction of Elementary School 21C. He

reviewed the allocation amounts for these projects. He said the Office of Planning and

Development has reviewed these requests and found both projects are necessary for

growth related capital projects. He said there are sufficient funds in the Education

System Impact Fee account to cover these costs. He recommended approval.

Commissioner Lindsey recused from voting.

Josh McLemore, Polk County School Board, expressed his appreciation for the

continued cooperation between the Board and the School Board.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Bill Braswell

Braswell, Wilson, Santiago, and Combee

Lindsey

Recused:

H.2. Approve the Fifth Amendment to the Cypress Lake Alternative Water Supply

Agreement between the Water Cooperative of Central Florida and Reedy Creek

Improvement District relating to the Cypress Lake Wellfield. ($2,080,000

not-to-exceed, onetime expense)

Minutes: County Manager Bill Beasley discussed the Fifth Amendment to the Cypress

Lake Alternative Water Supply Agreement between the Water Cooperative of Central

Florida and Reedy Creek Improvement District related to the Cypress Lake Wellfield.

He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

George Lindsey

Lindsey, Braswell, Wilson, Santiago, and Combee

H.3. Approve the contract with Tri-County Human Services, Inc. for the New

Beginning Transition Center for men, a residential and intensive outpatient

treatment program. (total amount not to exceed $975,000 annually)

Minutes: County Manager Bill Beasley reviewed the contract with Tri-County Human

Services, Inc., for the New Beginning Transition Center for men, a residential and

intensive outpatient treatment program. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

George Lindsey

Lindsey, Braswell, Wilson, Santiago, and Combee

Approve the contract with Tri-County Human Services, Inc. for the New Beginning

Transition Center for women, a residential and intensive outpatient treatment program.

(total amount not to exceed $675,000 annually)

H.4.

Minutes: County Manager Bill Beasley discussed the contract with Tri-County Human

Services, Inc., for the New Beginning Transition Center for women, a residential and

intensive outpatient treatment program. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

George Lindsey

Lindsey, Braswell, Wilson, Santiago, and Combee

Approve the contract with Florida Department of Health in Polk County to provide dental

services to eligible low-income county residents. (total amount not to exceed $910,000

annually)

H.5.

Minutes: County Manager Bill Beasley reviewed the contract with the Florida

Department of Health in Polk County, to provide dental services to eligible low-income

county residents. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

George Lindsey

Lindsey, Braswell, Wilson, Santiago, and Combee

Approve the contract with Florida Department of Health in Polk County to provide

primary care services to eligible low-income county residents who are not Polk

HealthCare Plan members. (total amount not to exceed $728,000 annually)

H.6.

Minutes: County Manager Bill Beasley reviewed the contract with the Florida

Department of Health in Polk County to provide primary care services to eligible

low-income county residents who are not Polk HealthCare Plan members. He

recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

George Lindsey

Lindsey, Braswell, Wilson, Santiago, and Combee

Approve the contract with Peace River Center for Personal Development, Inc. to

provide behavioral health services to eligible low-income county residents who are not

Polk HealthCare Plan members. (total amount not to exceed $430,000 annually)

H.7.

Minutes: County Manager Bill Beasley discussed the contract with Peace River Center

for Personal Development, Inc., to provide behavioral health services to eligible

low-income county residents who are not Polk HealthCare Plan members. He

recommended approval.

Joy Johnson, Health and Human Services, said this is a continuation of partnerships

with these organizations over the past several years. She said some of this funding

includes an increase based on their request. She thanked the Board for their

consideration.

Chair Santiago said she is pleased to see this and the fact that there has been an

increase in the amounts allocated. She discussed the growth in the population of the

county. She said there is a big need for dental and health care assistance.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Rick Wilson

Lindsey, Braswell, Wilson, Santiago, and Combee

H.8. Request Board approve construction contract with Cone & Graham, Inc. for the

Bone Valley ATV Park Bridge project. ($3,502,191.40 one-time expense)

Minutes: County Manger Bill Beasley discussed the construction contract with Cone

and Graham, Inc., for the Bone Valley ATV Park Bridge project. He said this will open

up the northern track for future development. He recommended approval.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

George Lindsey

Lindsey, Braswell, Wilson, Santiago, and Combee

COMMISSIONER DISTRICT 1 (GEORGE LINDSEY)

I.1.

Reappoint Jinx Wilson Chaney to serve as a member (Seat 2) of the Polk

County Historical Commission for the three-year term, October 1, 2022 to

September 30, 2025.

RESULT:

MOVER:

APPROVED

George Lindsey

Neil Combee

SECONDER:

Lindsey, Braswell, Wilson, Santiago, and Combee

AYE:

I.2.

Commissioner Lindsey Comments.

Minutes: Commissioner Lindsey had no comments.

COMMISSIONER DISTRICT 2 (RICK WILSON)

J.1. Commissioner Wilson Comments.

Minutes: Commissioner Wilson had no comments.

COMMISSIONER DISTRICT 3 (BILL BRASWELL)

K.1. Commissioner Braswell Comments.

Minutes: Commissioner Braswell had no comments.

COMMISSIONER DISTRICT 5 (NEIL COMBEE)

L.1. Commissioner Combee Comments.

Minutes: Commissioner Combee had no comments.

COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO, CHAIR)

M.1. Chair Santiago Comments.

Minutes: Chair Santiago had no comments.

LAY BOARD APPOINTMENTS

N.1. Appoint Larry Bull to the Workforce Development Board for the four-year term,

October 2022 through June 30, 2026.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Wilson, Santiago, and Combee

N.2. Appoint Fred Heid to the Workforce Development Board for the four-year term,

October 2022 through June 30, 2026.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

George Lindsey

Neil Combee

Lindsey, Braswell, Wilson, Santiago, and Combee

PUBLIC HEARINGS

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

public hearings; he swore in those who plan to speak today.

Public Hearing (LDCD-2022-4 - Lunn Road Sub-District Change) to consider a

Sub-District Map change from Residential Low-1 (RL-1) to Residential Low-2 (RL-2) on

O.1.

+/- 0.92 acres. (No fiscal impact)

Minutes: Each of the Commissioners stated that they have had no ex parte

communications concerning this case.

Motion to qualify Amy Little as an expert witness.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

George Lindsey

Rick Wilson

Lindsey, Braswell, Wilson, Santiago, and Combee

Minutes: Amy Little, Land Development, showed slides and discussed the proposed

sub-district change from Residential Low-1 (RL-1) to Residential Low-2 (RL-2). She

discussed the subject property and said approval of the request will allow the applicant

to construct two single-family residents on each lot. She said this is compatible with the

surrounding land uses. She said this request is consistent with the Comprehensive

Plan and Land Development Code. She recommended approval.

Jason Bryant, applicant, said his request is to build a single-family home on each lot.

Chair Santiago opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

George Lindsey

Lindsey, Braswell, Wilson, Santiago, and Combee

O.2. Public Hearing LDCPAS-2022-17 (The Hub at Polk County Metro Architecture,

CPA) (Adoption Public Hearing) to consider the adoption of a Small-Scale

Comprehensive Plan Amendment (CPA) to change the Future Land Use

designation on 9.62 +/- acres from Residential Medium-X (RMX) to Residential

High-X (RHX) in the Transit Supportive Development Area (TSDA) and the

North Ridge Selected Area Plan (SAP). (No Fiscal Impact)

Minutes: Chanda Bennett, Land Development, showed slides and discussed the

proposed Future Land Use designation change from Residential Medium (RM) to

Residential High (RH). She discussed the subject property and the surrounding land

uses. She reviewed the impact assessment. She said the Planning Commission

recommended approval. She said this is consistent with the Comprehensive Plan and

the Land Development Code.

The engineer for the applicant said they concur with staff's recommendation and the

Planning Commission's approval. He discussed the amenities and landscaping. He

said the are currently working with FDOT to extend the right turn lane. He requested

the Board's approval.

Chair Santiago opened a public hearing; no one spoke.

RESULT:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Wilson, Santiago, and Combee

MOVER:

SECONDER:

AYE:

O.3. Public Hearing LDCPAS-2022-19 (Pipkin Road RM, CPA) (Adoption Public

Hearing) to consider the adoption of a Small-Scale Comprehensive Plan

Amendment (CPA) to change the Future Land Use designation on 9.66 +/- acres

from Residential Low (RLX) to Residential Medium (RMX) in the Transit

Supportive Development Area (TSDA). (No Fiscal Impact)

Minutes: Chanda Bennett, Land Development, showed slides and reviewed the

proposed Future Land Use designation change from Residential low (RL) to

Residential Medium (RM) in the Transit Support Development Area. (TSDA). She

discussed the subject property and the surrounding land uses. She discussed the

Impact Assessment. She said staff and the Planning Commission recommend

approval. She said it is consistent with the Comprehensive Plan and the Land

Development Code.

Steve Sloan, applicant, said they appreciate staff's recommendations. He said they

have sewer, water, and utilities available. He said there is a significant amount of

capacity at both plants. He said there is also access to the transportation system. He

requested approval.

Chair Santiago opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

George Lindsey

Lindsey, Braswell, Wilson, Santiago, and Combee

O.4. Public Hearing (Adoption Hearing) LDCT-2021-23 (Residential in ECX), an

applicant-initiated ordinance amending the Land Development Code to modify

the 15% area of ECX limitation for multifamily. (No Fiscal Impact).

Minutes: LDCT-2021-23 and LDCPAL 2021-26 were heard together.

Chanda Bennett, Land Development, showed slides and discussed the proposed text

amendments. She said they are requesting to increase the residential cap in the

Employment Center in the North Ridge Selected Area Plan through a Planned

Development or a Level 2 Review. She discussed the increase in needs for a variety

housing choices within this part of the county. She said most of the Employment Center

can take advantage of the this text amendment is along US 27. She said staff and the

Planning Commission recommend approval. She said this request is consistent with

the Comprehensive Plan and the Land Development Code.

Bart Allen,applicant, said they have put in a lot of time and effort into this product and

that it will encourage good quality development as well as facilitate infrastructure

improvements in this corridor. He requested a favorable vote.

Chair Santiago opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Bill Braswell

Lindsey, Braswell, Wilson, Santiago, and Combee

O.5. Public Hearing (Adoption Public Hearing) LDCPAL 2021-26 (Residential in ECX,

CPA) to consider the adoption of a Large-Scale Comprehensive Plan text

Amendment to change Appendix 2.131, North Ridge Selected Area Plan (SAP)

in Comprehensive Plan regarding Policy 2.131-Q4, M, Modified Land Use

Categories for Employment Center-X (ECX) to modify the density and the 15%

ECX residential area cap. This is related to LDCT-2022-23. (No Fiscal Impact)

Minutes: This case was heard with LDCT-2021-23.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Neil Combee

Rick Wilson

Lindsey, Braswell, Wilson, Santiago, and Combee

O.6. Public Hearing (Adoption Hearing) LDCT-2022-6 (Temporary Shelter Text

Amendment), a County-initiated ordinance amending the Land Development

Code Section 207.K Temporary Emergency Shelters to allow such shelters to be

utilized in the event of new construction or replacement of a primary residence

on vacant parcels located outside of platted subdivisions (No Fiscal Impact).

Minutes: Amy Little, Land Development, showed slides and discussed the

County-initiated proposed text amendment to change Section 207.K -Temporary

Emergency Shelters, to allow shelters to be utilized in the event of construction or

placement of a primary residence on parcels outside of platted subdivisions. She said

the current Land Development Code allows for the occupancy of a temporary

emergency shelter in the event of a calamity that rendered the residence unlivable. She

said they go through a Level 1 Review to obtain a temporary use permit with the

Building Division. She said staff recommends approval.

Chair Santiago opened a public hearing; no one spoke.

RESULT:

MOVER:

SECONDER:

AYE:

APPROVED

Rick Wilson

Bill Braswell

Lindsey, Braswell, Wilson, Santiago, and Combee

O.7. Public Hearing (First Reading) LDCT-2022-7 (SE Polk MH) to consider the

adoption of a County-initiated ordinance amending the Land Development Code

to add Individual Mobile Homes into the Village Centers and Village Center

Cores of the Southeast Polk SAP. (No Fiscal Impact).

Minutes: Ian Nance, Land Development, said this is the first reading of LDCT-2022-7.

He showed slides and discussed the County-initiated proposed text amendment to add

Individual Mobile Homes into the Village Centers and Village Center Cores of the

Southeast Polk Selected Area Plan (SAP) and provide conditions for approval. He said