TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Unified Land Development Code to Consolidate the Revenue Account Formerly Known as the Tree Fund into the Environmental Protection Fund by Amending Section 6.1.3.; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; And Providing an Effective Date.
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Recommended Action
Option 1: Approve Ordinance No. 2026-11 as presented and continue to second reading on May 19, 2026.
City Commission Options
Option 1: Approve Ordinance No. 2026-11 as presented and continue to second reading on May 19, 2026.
• Pros:
o Establishes clear legislative intent for the tree fund to be consolidated into the environmental protection fund and allows expenditure of previously generated revenue under the tree fund in the same manner as the environmental protection fund.
o Simplifies accounting and allowable expenditure tracking.
• Cons: Staff finds no identifiable disadvantages to approving the ordinance.
Option 2: Deny Ordinance No. 2026-11.
• Pros: Staff finds no identifiable advantages to denying the ordinance.
• Cons: Accounting and allowable expenditure tracking of funds will remain segregated until all revenue collected under the tree fund is expended.
Background Information
On February 22, 2022, the City Commission adopted Ordinance No. 2021-46, establishing the tree fund and providing that all administrative costs, fees and penalties collected as part of enforcement of the tree protection regulations be placed in said fund. Under Sec. 45-13.B. of the 2010 Unified Land Development Code (ULDC), the City Manager or designee shall have the authority to disburse funds for the continued management and maintenance of the City's tree canopy. Projects may include planting trees in public places, up to fifty percent (50%) support of the Arborist and Tree Crew, resources needed for the management and maintenance of the City's tree canopy, maintaining tree health and safety on public lands within the City, tree education, planting and conservation programs.
On August 6, 2024, the City Commission adopted Ordinance Nos. 2024-13 and 2024-14, which ordinances adopted a new Unified Land Development Code to be effective on October 28, 2024, Section 6.1.3. of the Unified Land Development Code establishes the environmental protection fund providing those administrative costs, fees, and penalties collected as part of the enforcement of Chapter 6 - Natural Resources be placed in said fund. This fund may be used to support the operations of the Natural Resources Division of the Development Services Department and for the following purposes:
Ø Acquisition and ongoing maintenance of environmentally sensitive land
Ø Acquisition of land for sustainability projects
Ø Planting trees in public places
Ø Maintaining trees to protect health and safety on public lands in the City
Ø Tree education, planting, and conservation programs.
With adoption of Ordinance No. 2024-13, the clear legislative intent to consolidate the remaining Tree Fund balances into the Environmental Protection Fund was not explicitly established in Section 6.1.3. of the ULDC, even though the fund itself was renamed. Adoption of this ordinance will clarify that intent and allow expenditure of revenues under the former Tree Fund consistent with the Environmental Protection Fund provision.
Ordinance No. 2026-11 has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan
Environmental Resiliency and Sustainability
Financial Impact
No dollars are added to or removed from the environmental protection fund as a result of this ordinance. However, upon adoption, the existing fund balance accumulated under the tree fund will be available for expenditure across the broader range of purposes authorized under the environmental protection fund, in addition to the tree-related purposes previously authorized.
Procurement
Not applicable.
Attachments:
1. Ordinance No. 2026-11
Prepared by: Lori Barnes, AICP, CPM, Deputy Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department