polk county board of county commissioners meeting agenda...

POLK COUNTY

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MEETING AGENDA INTRODUCTION

Welcome to a meeting with your Board of County Commissioners. Your participation in County government is appreciated. All Board meetings are open to the public and are held in the Commission Boardroom, Neil Combee Administration Building, 330 West Church Street in Bartow, Florida, beginning at 9:00 a.m.

Should any person decide to appeal any decision made at a Board meeting, or any meeting announced in this agenda, such person will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made.

CONSENT AGENDA – All matters listed under this item are considered to be routine and action will be

taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately.

In accordance with the American with Disabilities Act, persons with disabilities needing special

accommodations to participate in this proceeding should contact the Communications Office not later than four days prior to the proceeding. Their offices are located in the Neil Combee Administration Building, 330 West Church Street in Bartow. Telephone (863) 534-6090, TDD (863) 534-7777 or 1-800-955-8771, Voice Impaired 1-800-955-8770 via Florida Relay Service.

Public participation is encouraged and if you are addressing the Board please step to the podium, adjust the microphone for your comfort, and state your name for the record. Audience comments may be made under the agenda item entitled Request from the General Public/Audience and during Public Hearings. At the discretion of the Chair, the Board may limit discussion on an issue in the interest of time so that all who wish to speak may do so.

2008 Regular Board Meeting Schedule

January 9 and 23 May 7 and 21 September 10 and 24 February 6 and 20 June 4 and 18 October 8 and 22 March 5 and 19 July 9 and 23 November 5 and 18

April 9 and 23 August 6 and 20 December 3 and 17

In addition to the Board’s regular meeting schedule, special meetings or hearings are often held to discuss issues important to the public, such as: proposed ordinances, the annual budget, and changes in the comprehensive plan. Advance notice of these meetings may be published in local newspapers and will be printed on the Board’s regular meeting agenda under Announcements. The agenda is published no later than the Thursday before the regular meeting date and is available through several sources. An addendum to the agenda is published no later than the Monday before the regular meeting date.

� The agenda is posted in the lobby of the Neil Combee Administration Building and copies of the

agenda are provided at every Board meeting. � The agenda is available for review at all public libraries. � The agenda may be obtained through the mail or via electronic mail. Contact the County Manager’s

Office at 534-6444 for details. � The agenda and past Board meeting minutes are available on-line through the County’s website at

www.polk-county.net.

Regular Board meetings are cablecast live on Polk’s Government TV. You can watch PGTV on BrightHouse Channel 622 or Comcast Channel 33. Visit the PGTV site on www.polk-county.net or check your local TV guide for the weekly schedule. You may also call 534-5997 for more information about PGTV.

POLK COUNTY

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MEETING AGENDA – OCTOBER 8, 2008

CALL TO ORDER - 9:00 a.m. – Sam Johnson, Chairman FINALIZED 10/03/08 2:008 P.M. INVOCATION – Bob Stanton, Fleet Management Director

PLEDGE OF ALLEGIANCE – Sam Johnson, Chairman A. APPROVE CONSENT AGENDA B. PRESENTATIONS and RECOGNITIONS 1. David Loyd, retired BoCC employee, to discuss his employment with the Board. 2. Recognize Chris Chila, County Manager's Office, as being named the Evaluator of the Year by

the National Employee Involvement Association. 3. Recognition of Managers who graduated from the Florida Certified Public Managers Program,

administered by the Florida Center for Public Management, Florida State University. C. PROCLAMATIONS 1. Proclaim October 2008 as RED RIBBON MONTH. Angie Ellison, Executive Director, and

Mike Smith, Board President, of the Drug Prevention Resource Center, will accept the proclamation.

2. Proclaim October 2008 as COMMUNITY PLANNING MONTH. Tom Wodrich, Chairman of the

Heart of Florida Section of the Florida Chapter of the American Planning Association, will accept the proclamation.

3. Proclaim October 18, 2008, as ALPHA DELTA KAPPA DAY. Rosemary Clemmons will

accept the proclamation. 4. Proclaim October 5-11, 2008, as FIRE PREVENTION WEEK. Wes Hayes, Polk County Fire

Marshal, will accept the proclamation. D. ACCOUNTANT, AUDITOR AND CLERK TO THE BOARD - RICHARD M. WEISS 1. Approve and ratify Disbursements. 2. Approve minutes of the Special Board Meeting held on September 11, 2008, and the Regular

Board Meeting held on September 24, 2008. E. REQUEST FROM ELECTED OFFICIAL and OTHER GOVERNMENTAL AGENCY

OCTOBER 8, 2008 - AGENDA, PAGE 2

F. PUBLIC HEARING TO CONSIDER SETTLEMENT 1. Public Hearing to consider approval of negotiated settlement with Land and Leisure, Inc. for

multiple parcels for Ernie Caldwell Blvd. and Pine Tree Trail Projects. 2. Public Hearing to consider approval of mediated settlement with the landowner in the case of

Polk vs. Clifton, Case No. 53-2008CA-002120, Parcel 116, right-of-way acquired for the Berkley Road Phase II Project.

3. Public Hearing to consider approval of mediated settlement with the landowner in the case of

Polk vs. Moore, Case No. 53-2008CA-002122, Parcel 144, right-of-way acquired for the Berkley Road Phase II Project.

4. Public Hearing to consider approval of a settlement with the landowner in the case of Polk

County vs. Futch, et al., Parcel No: 201, Case No: 53-2008-CA-004499. G. COUNTY ATTORNEY – MICHAEL CRAIG 1. Request Board continue the Public Hearing date for DRI 08-02, the proposed Lake Hatchineha

Development of Regional Impact, from October 22, 2008, at 1:30 p.m. to February 4, 2009, at 1:30 p.m.

H. COUNTY MANAGER – MICHAEL HERR 1. Public Works requests Board approve Construction Manager – At Risk Authorization No. 06-

027-02 in the amount of $5,818,433.00, which includes an owner’s allowance amount of $277,068.00, with Folsom Construction, Inc. for the construction of the Sheriff’s Office North Ridge District Station. Funds in the amount of $5,818,433.00 are available in the Fiscal Year 2008-2009 budget as follows: $2,963,910.00 in the Sheriff’s Capital Improvement Fund and $2,854,523.00 in the Sheriff’s North Ridge CRA Fund 176 account.

2. Human Services requests Board approve the Federal Transit Administration Section 5316

Grant Application, Adopt a Resolution, and Subsequent Award between the Board and the Florida Department of Transportation in the amount of $238,405.00, for the period of October 1, 2008, through September 30, 2009. Operating funds are requested for new fixed-route system in the Poinciana area of Polk County.

I. COMMUNITY REDEVELOPMENT AGENCY J. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE - Public participation is encouraged and if you are

addressing the Board, please step to the podium, adjust the microphone for your comfort, and state your name for the record. At the discretion of the Chair, the Board may limit discussion on an issue in the interest of time so that all who wish to speak may do so.

K. COUNTY COMMISSIONERS 1. District #1 - Bob English 2. District #2 - Randy Wilkinson 3. District #3 - Jack Myers 4. District #4 – Jean Reed 5. District #5 - Sam Johnson, Chairman


6. Lay Board Appointments a. Request Board approve the reappointment of Jesse Douthit, Vice President and Chief

Operating Officer, Fantasy of Flight, to the Tourist Development Council for a four-year term expiring August 31, 2012. Mr. Douthit represents the tourism industry in accordance with Article 4 of the TDC by-laws.

b. Request Board approve the reappointment of Sandy Fortin, Chief Executive Officer, Play It

Again Sports, to the Tourist Development Council for a four-year term expiring August 31, 2012. Mr. Fortin represents the tourism industry in accordance with Article 4 of the TDC by-laws.

RECESS - The Board of County Commissioners will recess from 12:30 p.m. until 1:30 p.m. or

soon thereafter. L. PUBLIC HEARINGS - Public participation is encouraged and if you are addressing the Board, please step to the

podium, adjust the microphone for your comfort, and state your name for the record. At the discretion of the Chair,

Hearings may not be heard in the order listed and could start after the advertised time. The Chair may also limit

discussion on an issue in the interest of time so that all who wish to speak may do so.

1. Public Hearing to consider a Petition from John M. James and Charlotte James, his wife, and Paul H. Strickland and Jo R. Strickland, his wife, to adopt a Resolution to vacate portions of the 20-foot platted public utility easement lying within a private drainage and landscape easement on Lot 51, as shown on the plat of Huntington Hills Phase V, recorded in Plat Book 103, Pages 28 and 29, of the Public Records of Polk County. The property lies in S-15, T-27, R-23. This item is being continued from the September 24, 2008, Board Meeting.

2. Public Hearing to consider a Petition from Cutrale Citrus Juices USA, Inc. to adopt a

Resolution to vacate a portion of Derby Avenue from McKean Street to east of Chambers Avenue. The property lies in S-10 and 15, T-28, R-25.

3. Public Hearing to consider CU 08-12/Level 3 (Triple Canopy Family Motor Sports Park): PEC

Properties, LLC, applicant, requests a Modification to a Conditional Use. The property is located on the south side of County Road 630.

4. Public Hearing to consider adoption of proposed ordinance LDC 08D-02, amending the Sub-

district Map of the Land Development Code to change the Sub-district of approximately 5± acres of land within the US 98 Selected Area Plan (SAP) from Residential Low-4X (RL-4X) to Residential Low-1X (RL-1X).

5. Public Hearing to consider adoption of an ordinance amending the text of the Land

Development Code (LDC). This is the second hearing. The following briefly describes the LDC text amendment case to be considered:

CASE NO. LDC 08T-14 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY,

FLORIDA, ADOPTING LAND DEVELOPMENT CODE AMENDMENT LDC 08T-14, AMENDING ORDINANCE NO. 00-09, AS AMENDED, THE POLK COUNTY LAND DEVELOPMENT CODE, AMENDING CHAPTER 3, SECTION 303 AND CHAPTER 7, SECTION 720, TO MODIFY THE CRITERIA FOR ACCESS AND LANDSCAPING STANDARDS FOR SCHOOLS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.


6. Public Hearing to consider the adoption of the proposed Small-Scale Comprehensive Plan

Amendments (CPA) 08S-10, 12, and 13. The following briefly describes the CPA cases to be considered:

Case No. CPA 8S-10 AN ORDINANCE OF THE POLK COUNTY BOARD OF COUNTY COMMISSIONERS

REGARDING THE ADOPTION OF AMENDMENT CPA 08S-10, AN AMENDMENT TO THE POLK COUNTY COMPREHENSIVE PLAN, ORDINANCE 92-36, AS AMENDED FROM RESIDENTIAL LOW (RL-2) TO RESIDENTIAL MEDIUM (RM) ON 8.92± ACRES LOCATED NORTH OF DUFF ROAD, EAST OF GREEN ROAD, SOUTH OF RITTER ROAD, WEST OF US HIGHWAY 98 IN S-14, T-27, R-23; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (RECOMMENDATIONS: LONG RANGE PLANNING DIVISION – APPROVAL; PLANNING COMMISSION – APPROVAL 6:0).


REGARDING THE ADOPTION OF AMENDMENT CPA 08S-12, AN AMENDMENT TO THE POLK COUNTY COMPREHENSIVE PLAN, ORDINANCE 92-36, AS AMENDED FROM ACRES RESIDENTIAL HIGH (RH) TO BUSINESS PARK CENTER (BPC) ON 9.9 OF∀EAST 42

nd STREET, NORTH OF AVENUE G (COUNTY ROAD 542), SOUTH OF AVENUE J, AT

THE SOUTHEAST INTERSECTION OF 42ND

STREET AND AVENUE J, IN S-24, T-28, R-25; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (RECOMMENDATIONS: LONG RANGE PLANNING DIVISION – APPROVAL; PLANNING COMMISSION – APPROVAL 6:0).


REGARDING THE ADOPTION OF AMENDMENT CPA 08S-13, AN AMENDMENT TO THE POLK COUNTY COMPREHENSIVE PLAN, ORDINANCE 92-36, AS AMENDED TO CHANGE THE FUTURE LAND USE DESIGNATION FROM AGRICULTURE RESIDENTIAL RURAL (A/RR) TO INDUSTRIAL (IND) ON 4.9 ± ACRES OF PROPERTY LOCATED EAST OF LAKE WALES, ON THE NORTH SIDE OF STATE ROAD 60, EAST OF STOKES ROAD, WEST OF STORY ROAD, IN S-03, T-30, R-28; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (RECOMMENDATIONS: LONG RANGE PLANNING DIVISION – APPROVAL; PLANNING COMMISSION APPROVAL 6:0).

M. ANNOUNCEMENTS - All of the below scheduled meetings constitute public meetings at which two or more

County Commissioners or Planning Commissioners may appear to discuss issues that may come before the Board of

County Commissioners.

1. Monday, October 6, 2008 - 4:00 p.m. - The Selection Committee for RFP 08-036-CAR, Custodial Services, will meet in the Commissioners’ Conference Room, Room 407.

2. Tuesday, October 7, 2008 – 8:00 a.m. – Lakes Education/Action Drive Conference,

Integrating Water Resource Management will be held at PCC/USF Lakeland Campus, Lakeland Technology Building Auditorium at US 98, 3433 Winter Lake Road, Lakeland.

3. Tuesday, October 7, 2008 - 3:00 p.m. - Lakes Access Advisory Committee will meet in the

Commissioners’ Conference Room, Room 407. 4. Tuesday, October 7, 2008 - 3:00 p.m. - Farm Labor Housing Task Force will meet in

the4Growth Management Conference Room, Second Floor, Neil Combee Administration Building.


5. Tuesday, October 7, 2008 - 6:00 p.m. - The Post Disaster Redevelopment Planning

Committee will hold a Public Workshop, in order to receive citizen input on issues and priorities facing Polk County, in the potential aftermath of a catastrophic disaster. The meeting will be held at the Winter Haven Chain of Lakes Complex, South Entrance, Meeting Room One, 210 Cypress Gardens Boulevard, Winter Haven.

6. Wednesday, October 8, 2008 – 7:30 a.m. – Due to questions regarding expenditures and

settlement in the pending litigation of White vs. Polk County, County Attorney, Michael Craig, requested advice concerning the litigation during the regular Polk County Board of County Commissioners meeting on September 24, 2008. In accordance with Chapter 286.011 of the Florida Statutes, the Board of County Commissioners will meet in the County Commissioners’ Conference Room, Room 407, in private with its attorneys and the County Manager, Mike Herr, to provide advice regarding the County’s strategy related to litigation expenditures. The names of persons who may be in attendance are as follows: County Commissioners Jack Myers, Jean Reed, Bob English, Sam Johnson, Randy Wilkinson, County Attorney Michael Craig, Hank Campbell, Esquire, and County Manager Mike Herr.

7. Thursday, October 9, 2008 - 8:30 a.m. - Development Review Committee will meet in the

Growth Management Conference Room, Second Floor, Neil Combee Administration Building. 8. Thursday, October 9, 2008 – 9:00 a.m. – Transportation Planning Organization Board meeting

will be held in the County Commission Boardroom. 9. Thursday, October 9, 2008 - 1:30 p.m. - Winter Haven Area Transit Board will meet at the

John Fuller Auditorium, Winter Haven City Hall. 10. Thursday, October 9, 2008 – 6:30 p.m. – Contractor Licensing Board will meet in the County

Commission Boardroom. 11. Tuesday, October 14, 2008 - 8:30 a.m. - Planning Commission will conduct a work session,

prior to its regularly scheduled meeting, in the County Commission Boardroom. 12. Tuesday, October 14, 2008 - 9:00 a.m. - Planning Commission meeting will be held in the

County Commission Boardroom. 13. Tuesday, October 14, 2008 – 11:00 a.m. – Ground Breaking for the Sheriff’s Office North

Ridge District Station will be held at 1100 Dunson Road, Davenport. This substation will serve the residents of northeast Polk County.

14. Tuesday, October 14, 2008 - 6:00 p.m. - The US Highway 27 Traffic Safety Task Force will

meet at Outpost 27, 101 Adventure Court, Davenport. 15. Wednesday, October 15, 2008 – 9:00 a.m. – Value Adjustment Board hearings will be held in

the Third Floor Conference Room, Room 341, Neil Combee Administration Building. 16. Thursday, October 16, 2008 - 8:30 a.m. - Development Review Committee will meet in the

Growth Management Conference Room, Second Floor, Neil Combee Administration Building. 17. Thursday, October 16, 2008 – 9:00 a.m. – Special Magistrate of the Code Enforcement

Division will meet in the County Commission Boardroom. 18. Thursday, October 16, 2008 – 12:00 p.m. – Polk Leisure Services Association (PLSA) will

meet at the Winter Haven Chain of Lakes Complex, 210 Cypress Gardens Blvd., Poolside Room, South Entrance.


19. Friday, October 17, 2008 – 8:30 a.m. – Citizens HealthCare Oversight Committee will meet in

the County Commission Boardroom. 20. Monday, October 20, 2008 - 9:00 a.m. - Board/Staff Agenda Review meeting to discuss the

Agenda and any other matters that may come before the Board will be held in the Commissioners’ Conference Room, Room 407.

21. Monday, October 20, 2008 – 10:00 a.m. – Central Florida Development Council (CFDC) Board

meeting will be held at Colonial Bank, Third Floor Community Room, 600 North Broadway, Bartow.

22. Tuesday, October 21, 2008 – 3:00 p.m. – Lakes Access Advisory Committee will meet in the

Commissioners’ Conference Room, Room 407. N. CONSENT AGENDA ITEMS 1. Clerk requests Board approval to remove equipment from inventory as set forth on Blanket

Removal Form No.1821 as requested by Fixed Asset Accounting, to be stored or disposed of in accordance with the Rules of the Auditor General’s Office. (Copy is on file in the Clerk’s Department of Finance and Accounting to BoCC.)

2. Clerk requests Board accept list of Lands Available from the Tax Deed Sale of September 18,

2008. (Copy is on file in the Clerk’s Department of Finance and Accounting to BoCC.) 3. Clerk requests Board accept Satisfactions of Assessment Liens (copies are on file in the

Clerk’s Department of Finance and Accounting to BoCC) for the following: Terry Lane – R24-06 – Max Holleyman, Sr.; JEH Road – R32-03 – Agustin Cruz; Pioneer Road – R33-33 - Michael Miltner; Roy Burt Road – R26-02 – Walter Orr; R26-03 – William Lasseter; R26-04 – Betty Jean Bartlett; R26-06 – Charles M. Hurst; R26-08 – Kenny Young; R26-09 – James T. Tassie; and R26-17 – Clayton E. O’Steen.

4. Clerk requests Board accept the FY 08-09 Meeting Schedule for the following Housing

Finance Authority of Polk County, Florida; and Lake Region Lakes Management District. (Copies are on file in the Clerk’s Department of Finance and Accounting to BoCC.)

5. Clerk requests Board accept the FY 08-09 Meeting Schedule and Map for the following Lake

Ashton and Lake Ashton II Community Development Districts; Southwest Florida Water Management District. (Copies are on file in the Clerk’s Department of Finance and Accounting to BoCC.)

6. Clerk requests Board accept the FY 08-09 Operating Budget for the Housing Finance Authority

of Polk County, Florida. (Copy is on file in the Clerk’s Department of Finance and Accounting to BoCC.)

7. Clerk requests Board accept the expansion, re-establishment and new map of the Poinciana

Community Development District. (Copy is on file in the Clerk’s Department of Finance and Accounting to BoCC.)

8. Clerk requests Board accept the minutes of the Poinciana West Community Development

District and the Poinciana Community Development District held on October 17, 2007, and November 7, 2007. (Copies are on file in the Clerk’s Department of Finance and Accounting to BoCC.)


9. Court Administrator requests Board approve a $56,228.00 Grant from the Florida Department

of Transportation (FDOT) and approve a $56,228.00 cash match for a total of $112,456.00 for the DUI Court Program. Funds in the amount of $56,228.00 are available in the Special Revenue Grant Fund, DUI Client User Fees account.

10. Environmental Resources requests Board approve the Revocable License Agreement with

Nicolaus Harboe to occupy and use the modular building as a residence in exchange for certain duties and responsibilities at Circle B Bar Reserve Environmental Land site, as outlined in the Revocable License. No additional funding is required.

11. Environmental Resources requests Board accept a donated utility easement from Dr. Bob

Irelan Veterinary Service, Inc., located in S-19, T-27, R-24, to be recorded by Polk County Utilities. Also request Board accept the water system improvements associated with the Irelan Vet Clinic for ownership, operation, and maintenance by Polk County Utilities. No funding is required.

12. Environmental Resources requests Board accept the water, reclaimed water, and wastewater

system improvements of the Saratoga subdivision located in S-16, T-27, R-23, serving lots 1 through 45, for ownership, operation, and maintenance by Polk County Utilities. No funding is required.

13. Environmental Resources requests Board approve Modification No 1 to Sub-grant Agreement

between the Division of Emergency Management and the Polk County Board of County Commissioners for the Village Park drainage Project – Phase I. No fiscal impact.

14. Environmental Resources requests Board approve Modification No 1 to Sub-grant Agreement

between the Division of Emergency Management and the Polk County Board of County Commissioners for Red Hawk Stormwater Retrofit Project – Phase 1. No fiscal impact.

15. Growth Management requests Board approve release of Irrevocable Standby Letter of Credit

No. FGAC 07157, in the amount of $9,350.00, and cash surety, in the amount of $550.00, for Cedarcrest Subdivision Plat. All outstanding items have been installed and constructed. The property is south of Duff Road, east of Green Road, and north of Lakeland, in S-14, T-27, R-23.

16. Growth Management requests Board approve release of surety in the amount of $500.00, for

Grand Pines East Phase I Subdivision Plat, for miscellaneous engineering items. All outstanding items have been installed and constructed. The property is north of West Campbell Road, east of Kathleen Road, north of Lakeland, in S-09, T-27, R-23.

17. Growth Management requests Board approve release of surety in the amount of $500.00, for

Hunters Greene Phase Two Subdivision Plat, for miscellaneous engineering items. All outstanding items have been installed and constructed. The property is north of Duff Road, west of Park Byrd Road, west of US Highway 98, north of Lakeland, in S-15, T-27, R-23.

18. Growth Management requests Board approve release of surety in the amount of $3,500.00, for

Ruby Lake Phase Three Subdivision Plat, for miscellaneous engineering items. All outstanding items have been installed and constructed. The property is south of State Road 540, west of US 27, southeast of Winter Haven, in S-07, T-29, R-27.

19. No Agenda Item is assigned to this number. 20. Growth Management requests Board approve release of surety in the amount of $500.00, for

Whisper Woods Subdivision Plat, for miscellaneous utility items. All outstanding items have been installed and constructed. The property is east of Carter Road, south of County Road 540A, south of Lakeland, in S-30, T-29, R-24.


21. No Agenda Item is assigned to this number. 22. Human Services requests Board approve the Subcontract Amendment between the Board and

the Ounce of Prevention Fund of Florida/Healthy Families Florida to add $38,097.00 to the existing contract through June 30, 2009.

23. Human Services requests Board approve the Provider Agreement between the

Board/Community Health and Social Services Division, Adult Day Care Centers (ADC) and Citrus Health Care Ancillary Care Agreement, (Contract No. 08-168-CHSS/ADC). This agreement will be effective August 6, 2008, and continue in effect unless terminated in accordance with terms of the Agreement and will allow for the provision of and/or arrangement of Adult Day Care services provided for the Polk County residents enrolled in the Diversion Program. There is no (negative) impact to the expense budget, this will be revenue generated base on the residents enrolled and authorized services rendered to the enrollees in the Diversion Program at the rate of $50.00 per day per enrollee to manage their care, and an additional fee of $15.00 if bathing assistance is required. The Revenue will be posted to the appropriate account under the appropriate fund.

24. Human Services requests Board approve an Imposition of Lien to recover costs associated

with demolishing a dilapidated structure through the County's Demolition and Clearance Program. The lien was imposed within the City of Bartow and is to be recorded against Marlene B. Padgett in the amount of $5,018.50.

25. Human Services requests Board approve an Imposition of Lien to recover costs associated

with demolishing dilapidated structures through the County’s Demolition and Clearance Program. The lien to be recorded is against Johnnie Rickey Cotton and Retha Lynn Cotton in the amount of $3,380.72.

26. Human Services requests Board approve the Tenant-Based Rental Assistance Program

Payments Contracts for the following families: ▪ Gwendolyn Baker, a tenant at 810 E. Wabash Street, Bartow. A monthly payment of

$294.00 to the landlord, George Mathew, for the period of September 1, 2008, to August 31, 2009.

▪ Steven Chancey, a tenant at 5475 Wilmington Circle, No. 201, Lakeland. A monthly payment of $538.00 to the landlord, TWC Twenty-Five, LTD, for the period of October 1, 2008, to September 30, 2009, for Annual Recertification and Rent Adjustment.

27. Human Services requests Board approve the Section 8 Housing Assistance Payments (HAP)

contracts for the following families: ▪ Maggie Altidor, a tenant at 3200 Avenue Q NW, Winter Haven. A monthly payment of

$476.00 to the landlord, James Moore, for the period of October 1, 2008, to September 30, 2009, for Annual Recertification.

▪ Kortney Johnson, a tenant at 826 Tower Point Circle, Lake Wales. A monthly payment of $441.00 to the landlord, Tower Point Apartments, for the period of September 1, 2008, to August 31, 2009.

▪ Ciera Neighbors, a tenant at 1035 Sycamore Street, No. 4, Lakeland. A monthly payment of $438.00 to the landlord, Nelly R. Williams, for the period of October 1, 2008, to January 31, 2009, for Funding Adjustment.

▪ Sheka Williams, a tenant at 207 NW 5th Street, Mulberry. A monthly payment of $526.00 to

the landlord, Ben Peoples, for the period of October 1, 2008, to September 30, 2009, for Annual Recertification and Rent Adjustment.

▪ Debra Wilson, a tenant at 203 Melina Avenue, Dundee. A monthly payment of $709.00 to the landlord, Coty R. Myrtil, for the period of September 1, 2008, to August 31, 2009.


28. Human Services requests Board approve each Satisfaction of Lien between Polk County and

the following who were assisted by the County’s Demolition and Clearance Program: ▪ Blair Grubbe and Lynn Grubbe (CE 92-7355) in the amount of $1,579.44. ▪ Kenneth E. Perry (CE 99-6189) in the amount of $1,784.30. ▪ Rachel Davis and James A. Lee (CE 01-0828) in the amount of $2,455.40. ▪ Kathleen M. B. Reid (CE 05-5825) in the amount of $4,328.65. ▪ Minnie B. Stewart (CE 05-5963) in the amount of $7,193.70. ▪ James E. Cook, Carolyn J. Cook and The James A. Schroeder and Patricia E. Schroeder

Revocable Living Trust (CE 06-4064) in the amount of $2,562.04. 29. Human Services requests Board approve Imposition of Liens to recover costs associated with

demolishing dilapidated structures through the County’s Demolition and Clearance Program. The liens to be recorded are against:

▪ 421 Financial Services, Inc., (CE 06-5471) in the amount of $3,696.92. ▪ Ronald E. Adams III and Cheryl L. Adams, as Trustees of The Adams Joint Trust of August

30, 2005, David Abella and Pamela Abella (CE 07-0050) in the amount of $1,625.56. ▪ Zelda L. Raulerson a/k/a Zelda Laverne Raulerson, Mary W. Harrell as to a Life Estate,

Nancy M. Watters, Phoebe Henrietta Harrell, Henry Matthew Harrell, Ann Laverne Howell, Penelope Susan Jones, Judith Evelyn Ingram, William Jackson Harrell III, Lydia Marie Romig and Melody Jean Clark (CE 07-0314) in the amount of $6,696.14.

▪ Michael Alan James (CE 07-4896) in the amount of $3,869.58. ▪ The Estate of James E. Haight, Deceased, Terry L. Haight, and the Life Estate of Bruce F.

Crossley and Evelyn R. Crossley (CE 07-5900) in the amount of $3,521.38. ▪ Ray A. Turner and Patricia L. Turner (CE 07-8328) in the amount of $14,788.37. ▪ Danny Lee Wells (CE 07-11343) in the amount of $3,989.86. ▪ Janice Elaine Harris (CE 07-4234) in the amount of $15,185.55. ▪ Dennis Dekle, Deceased and Sheila Dekle (CE 08-1629) in the amount of $3,140.75. 30. Human Services requests Board approve the SHIP Rehabilitation/Reconstruction Lien,

Deferred Mortgage and Security Agreement and Grant Agreements for Dorothy Chambers, 2300 Lydia Street, Lake Wales, for the total project cost of $46,485.00.

31. Human Services requests Board approve the SHIP Rehabilitation/Reconstruction Lien and

Grant Agreements for Suzanne Marzan, 402 Lark Court, Poinciana, for the total project cost of $29,765.00.

32. Public Safety requests Board approve the 9-1-1/Dispatch Interlocal Agreement with Hardee

County. The term of this Agreement begins on the date of execution by both parties and will remain in effect until September 30, 2009. Funds in the amount of $43,800.00 will be deposited in the Communications Center Account.

33. Public Safety requests Board adopt Resolutions naming eight previously unrecorded private

roadways located in the Winter Haven Oaks Mobile Home Park, Winter Haven, S-11, T-29, R-25, Crepe Myrtle Lane; Date Palm Court; Elm Tree Trail; Grand Cypress Court; Laurel Oak Drive; Oak Tree Boulevard; Orchid Tree Lane; and Sago Palm Way. One roadway, Oak Tree Blvd, intersects with a public roadway. Funds in the amount of $90.00 are budgeted in the County Transportation Trust Fund-Traffic Operations account.

34. Public Works requests Board approve an easement with Progress Energy to install, operate

and maintain those facilities necessary to provide electric energy, service and communication systems for the Sheriff’s North Ridge District Station located at 1100 Dunson Road in Davenport. No fiscal impact.


35. Public Works requests Board approve the renewal of Sublease Agreement No. 133 between

the Board and the Bartow Municipal Airport Development Authority for Suite11 in Building No. 250, used for office space by Emergency Medical Services. Funding in the amount of $970.00 per month ($11,640.00 annually) is budgeted in Fiscal Year 2008-2009 in the 00101 General Fund, EMS Account.

36. Public Works requests that a Resolution be adopted authorizing the following speed limit

postings: No change in speeds from 30 M.P.H. or from those established in FS 316.183 shall take effect until the zone is posted by the authority changing the speed pursuant to FS 316.189. Speed limit studies were conducted to support each request under the “Establishment of municipal and county speed zones” as outlined in FS 316.189. The posting of the requested restrictions will promote public safety on the County road system and assist the Polk County Sheriff’s Office in their enforcement efforts.

Received request from citizen to post speed limit on the following road that is located near

Haines City that is classified as Local Residential located in S-32, T-26, R-27. Written speed and electronic studies have identified that the 30 M.P.H. established in FS 316.183 would be too slow and should be posted 40 M.P.H.:

(CR 673204) Florida Development Road, from SR 25 (US 27) (Mile Post 00.00) to Dead End East (Mile Post 00.73).

Received request from developer for new posting of speed limits on the following roads

located near Lakeland that are classified as Local Residential located in S-10, T-29, R-23. Written speed studies have identified that the 30 M.P.H. established in FS 316.183 would be too fast and should be posted 25 M.P.H.:

(CR 931021) Stone Oaks Drive, from Hidden Oaks Drive (Mile Post 00.00) to Dead End North (Mile Post 00.25);

(CR 931019) Hidden Oaks Drive, from Parker Road (Mile Post 00.00) to Stone Oaks Drive (Mile Post 00.26).

Funding in the amount of $280.00 for the installation of signs is available in the Transportation

Trust-Constitutional Gas Tax Fund. 37. Support Services requests Board approve the Services Selection Committee’s

recommendation and authorize staff to negotiate a Professional Service Agreement with Duncan Associates of Austin, Texas for RFP No. 08-045-AAR, Impact Fee Study – Emergency Medical Services, Fire Services, Corrections, Law Enforcement, Libraries and Parks. There is no fiscal impact until a Professional Service Agreement is prepared and then it will be brought back to the Board for approval.

38. Support Services requests Board approve Amendment No. 1 for one year extension to Lease

Agreement No. 274 with GS Equipment, Inc., of Tampa, Florida for the purpose of leasing three (3) 2007 Kaiser S2-4 Gator 4x4 Walking Excavator Machines for a total annual lease payment of $216,691.12. The new term of the agreement will be October 1, 2008, to September 30, 2009. Funding is available in the General Fund Drainage Operations account.

39. Support Services requests Board approve Modification No. 3 to CSA 04-46-12, Southeast

Landfill C&DD Closure with Jones Edmunds & Associates of Gainesville, Florida to extend their contract time by an additional 183 calendar days, with a new completion date of April 10, 2009. There is no change in the fee structure. No fiscal impact for a time extension.

40. Support Services requests Board approve the Fuelmaster Fuel Management System

Extended Maintenance Agreement with Syn-Tech Systems, Inc. of Tallahassee, Florida in the amount of $2,902.57. The term will be October 15, 2008, to October 14, 2009. Funds are budgeted in the Fleet Management Fund.


41. Support Services requests Board approve Amendment No. 4 for one year extension to Master

Consulting Agreement No. 03-81 with Boyle Engineering Corporation of Orlando, Florida, for the purpose of providing professional services for water quality compliance. The new term will be September 17, 2008, to September 16, 2009. There are no changes in fee structure.

42. Support Services requests Board approve Modification No. 4 to CSA 02-112-03, IMC Agrico

Peace River Park Boardwalk Phase 2 Construction Services with URS Corporation Southern of San Francisco, California to extend their contract time by an additional 150 calendar days, with a new completion date of November 28, 2008. No change in fee structure. No fiscal impact for a time extension.

43. Support Services requests Board approve Modification No. 1 to CSA 07-06-01, Polk

Commerce Centre DRI with Glatting Jackson Kercher Anglin, Inc., of Orlando, Florida to extend their contract time by an additional 90 calendar days for a revised total contract time of 601 calendar days, and a new completion date of January 3, 2009. No fiscal impact for a time extension.

44. Support Services requests Board approve Modification No. 2 to CSA 02-97-13, South County

Jail Wastewater Engineering Services with Post Buckley, Schuh & Jernigan, Inc., of Tampa, Florida to extend their contract time by an additional 70 calendar days for a revised total contract time of 812 calendar days and a new completion date of December 6, 2008. No fiscal impact for a time extension.

45. Support Services requests Board approve the Selection Committee’s recommendation and

authorize staff to prepare SHIP Program Agreement with Keystone Challenge Fund, Inc. of Lakeland, Florida for RFP No. 08-113-MAR, State Housing Initiative Partnership (SHIP) Program – Down Payment Assistance and Home Buyer Education. Funding in the amount of $1,368,000.00 for the Down Payment Assistance and $45,235.00 for the Home Buyer Education will be available October 15, 2008, in the SHIP Program fund.

46. Support Services requests Board approve settlement offer of $25,781.99 to State Farm

Insurance Company A/S/O James Baldauf in the case of James Baldauf vs. Polk County Sheriff’s Office with the agreement of a signed release. Funding in the amount of $25,781.99 is available in the General Fund.

47. Tax Collector requests Board approve extension of 2008 Tax Roll. 48. County Attorney Requests Board accept the Right-of-Way Agreement from Terry Wayne

Koontz, owner of Parcel I.D. No. 232728-000000-031010, and authorize the issuance of a check for $249,628.00 for its purchase. In addition, request Board approve hiring LandAmerica Commonwealth to close the acquisition of the parcel, approve paying estimated closing costs of $2,000.00 and approve the Chief Right-of-Way Agent to execute the documents on behalf of the Board at closing. The parcel is required for mainline right-of-way and a storm water facility for the Kathleen Road Phase II Improvement Project.

49. County Attorney requests Board accept the Right-of-Way Agreement from Berkley Road LLC,

a Florida limited liability company, owner of Tax ID No. 102923-139700-000320, and authorize the issuance of a check for $450,000.00 for its purchase. In addition, request Board approve hiring LandAmerica Commonwealth to close the acquisition of the parcel, approve paying estimated closing costs of $3,000.00, and approve the Chief Right-of-Way Agent to execute the documents on behalf of the Board at closing. The parcel is required for mainline right-of-way for the West Pipkin Road Improvement Project.


50. County Attorney requests Board SET HEARING DATE to consider adoption of an ordinance

creating the Hunters Crossing Phase Two Special Street Lighting District. (Suggested hearing date: November 5, 2008, at 1:30 p.m.)


creating the Lake Thomas Woods 8th Addition Special Street Lighting District. (Suggested

hearing date: November 5, 2008, at 1:30 p.m.) 52. County Attorney requests Board SET HEARING DATE to consider adoption of an ordinance

creating the Lake James, Phase Two Special Street Lighting District. (Suggested hearing date: November 5, 2008, at 1:30 p.m.)


creating the Hunters Greene Phase 1, 2, and 3 Special Street Lighting District. (Suggested hearing date: November 5, 2008, at 1:30 p.m.)


amending Ordinance No. 92-41, Hunters Ridge Special Street Lighting District. (Suggested hearing date: November 5, 2008, at 1:30 p.m.)


amending Ordinance No. 88-29, Poley Creek Subdivision Special Street Lighting District. (Suggested hearing date: November 5, 2008, at 1:30 p.m.)

56. Support Services requests Board ratify and authorize the Chairman to execute a one year

Collective Bargaining Agreement between the Board and the Polk County Professional Firefighters, I.A.F.F, Local 3531 (EMS District Chiefs and EMS Medical Supervisors) effective September 24, 2008, through September 30, 2009.

57. Environmental Resources requests Board approve Interlocal Agreement with the City of

Auburndale for Solid Waste disposal. Based on 2007-2008 tonnage, the City will receive a 5% discount off of the tipping fee (currently $34.50) and pay $32.78/ton for disposal. The County will be guaranteed to receive all eligible tons of the City’s waste and related revenues.

58. County Attorney Requests Board accept the Right-of-Way Agreement from Louis S.

Cunningham and Geneva A. Cunningham, owners of Tax I.D. Number 232728-011016-001630, and authorize the issuance of a check for $129,000.00 for its purchase. In addition, request Board approve hiring American Government Services Corporation to close the acquisition of the parcel, approve paying estimated closing costs of $1,500.00 and approve the Chief Right-of-Way Agent to execute the documents on behalf of the Board at closing. The parcel is required for mainline right-of-way for the Kathleen Road Phase II Improvement Project.

59. County Attorney requests Board accept the Right-of-Way Agreement from Terry England and

Sandra England, husband and wife, for Tax ID Number 092926-687000-009202 and authorize the issuance of a check for $120,000.00 for its purchase. In addition, request Board approve hiring LandAmerica Commonwealth to close the acquisition of the parcel, approve paying estimated closing costs of $1,700.00, and approve the Chief Right-of-Way Agent to execute the documents on behalf of the Board at closing. The parcel is needed as mainline right-of-way for the Thompson Nursery Road Improvement Project.

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60. County Attorney requests Board accept the following instruments, being given to Polk County

to upgrade the existing right-of-way to meet current road classification standards. ▪ Warranty Deed from Ruby Lake Development, LLC, for additional right-of-way along Coon

Lake Road. ▪ Quit Claim Deed from Swamp Walk Inc., for additional right-of-way along Old Dade City

Road. ▪ Corrective Warranty Deed from Bridgewater Commercial Park, LLC a Florida limited liability

company, for additional right-of-way along Combee Road. 61. County Attorney Requests Board accept the Right-of-Way Agreement from Doris Jean Betz,

owner of Tax I.D. Number 232728-011016-001250, and authorize the issuance of a check for $88,750.00 for its purchase. In addition, request Board approve hiring American Government Services Corporation to close the acquisition of the parcel, approve paying estimated closing costs of $1,500.00 and approve the Chief Right-of-Way Agent to execute the documents on behalf of the Board at closing. The parcel is required for mainline right-of-way for the Kathleen Road Phase II Improvement Project.

62. Sheriff requests Board approve a $18,164.00 grant from the Edward Byrne Memorial Justice

Assistance Formula Grant administered by the Bureau of Justice Assistance and sign the Certification of Acceptance.

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