4970 CITY HALL BLVD  
NORTH PORT, FL 34286  
City of North Port  
Meeting Minutes  
City Commission Regular Meeting  
CITY COMMISSIONERS  
Pete Emrich, Mayor  
Barbara Langdon, Vice Mayor  
Jill Luke, Commissioner  
Debbie McDowell, Commissioner  
Alice White, Commissioner  
APPOINTED OFFICIALS  
Jerome Fletcher, City Manager  
Amber L. Slayton, City Attorney  
Heather Faust, City Clerk  
Tuesday, November 8, 2022  
10:00 AM  
City Commission Chambers  
CALL TO ORDER  
Vice Mayor Langdon called the meeting to order at 10:00 a.m.  
ROLL CALL  
4 -  
Present:  
Commissioner Pete Emrich, Vice Mayor Barbara Langdon, Commissioner Debbie  
McDowell and Vice Mayor Alice White  
ALSO PRESENT:  
City Manager Jerome Fletcher, City Attorney Amber Slayton, City Clerk Heather Taylor,  
Assistant City Clerk Adrian Jianelli, Fire Chief Scott Titus, Police Chief Todd Garrison,  
Assistant City Manager Jason Yarborough, Parks and Recreation Director Sandy  
Pfundheller, Public Utilities Assistant Director Jennifer Desrosiers, Public Works Director  
Chuck Speake, Building Official Derek Applegate, Neighborhood Development Services  
Director Alaina Ray, Economic Development Staff Assistant II Kaitlyn Stelzer, and  
Planning Manager Lori Barnes  
PLEDGE OF ALLEGIANCE  
The Pledge of Allegiance was led by Parks and Recreation Director Sandy Pfundheller.  
1. APPROVAL OF AGENDA  
A
motion was made by Commissioner Luke, seconded by Commissioner  
McDowell, to approve the Agenda as amended to hear Item No. 22-3689 after the  
Consent Agenda. The motion carried on the following vote:  
4 - Vice Mayor Langdon, Luke, Commissioner McDowell and Vice Mayor White  
1 - Commissioner Emrich  
Yes:  
Absent:  
2. PUBLIC COMMENT:  
Ms. Faust played the following voicemail comment into the record:  
Gail Violet: expressed concern with installation of new water meter when removed during  
demolition of home  
Ms. Jianelli read the following eComment into the record:  
Theresa Lavelle: expressed concern with residents taking advantage of policy put in place  
after the hurricane regarding tree removal and RV usage  
Sandra Kreiser: expressed concern with residents taking advantage of policy put in place  
after the hurricane regarding tree removal and RV usage  
In person public comment:  
Valdy Olender: spoke to rights and public trust and expressed concern with tax  
increases  
Carl Migliaccio: expressed concern with demolition of home  
3. CONSENT AGENDA:  
Vice Mayor Langdon announced the item, queried the City Manager regarding items  
pulled from the consent agenda for discussion, and requested a motion.  
A motion was made by Commissioner Luke, seconded by Commissioner White, to  
approve the Consent Agenda pulling Item Nos. 22-3698 and 22-3652 for discussion.  
The motion carried on the following vote:  
4 - Vice Mayor Langdon, Luke, Commissioner McDowell and Vice Mayor White  
1 - Commissioner Emrich  
Yes:  
Absent:  
A.  
B.  
C.  
Award RFB No. 2022-16 for Janitorial Services to American Facility  
Services, Inc., in the Amount of $182,021.88 and Authorize the City  
Manager to Approve Renewals in Accordance with the Terms and  
Conditions in the Solicitation.  
This item was approved on the Consent Agenda.  
Approve Contract No. 2022-35 for the Construction of the Marina Park  
Restrooms With C & T Contracting Services, LLC in the Amount of  
$187,770, Plus a Construction Contingency of $7,460, for an Estimated  
Construction Amount of $195,230.  
This item was approved on the Consent Agenda.  
Approve Interlocal Agreement for Emergency Interconnects and Potable  
Water Service with Sarasota County.  
Vice Mayor Langdon announced the item.  
Commissioner McDowell spoke to the item.  
Commission questions and discussion took place regarding emergency bulk rate usage,  
rate fluctuation history, verbiage regarding rate payment, use of current bulk rate for  
supplying municipality, and municipality rates for the City versus the County.  
Vice Mayor Langdon requested a motion.  
A
motion was made by Commissioner McDowell, seconded by Commissioner  
Luke, to direct staff to work with the County to change 5d to reflect the charge to  
be the County rate and City rate and bring back to Commission for further  
approval.  
Commissioner McDowell restated her motion to read “to instruct the City Manager  
and staff to discuss 5d with the County to state that the sending government entity  
rates will prevail.” Commissioner Luke restated her second. The motion carried on  
the following vote:  
4 - Vice Mayor Langdon, Luke, Commissioner McDowell and Vice Mayor White  
1 - Commissioner Emrich  
Yes:  
Absent:  
D.  
E.  
F.  
Approve the Cybersecurity and Infrastructure Security Agency (CISA)  
Cybersecurity Assessments Rules of Engagement Agreement and Provide  
CISA with Express Approval to Use the City Seal in Furtherance of the  
Agreement  
This item was approved on the Consent Agenda.  
Approve Order No. Q-172994 Under Master Subscription Agreement for  
National Cooperative Purchasing Alliance Contract No. 01-115 with  
Granicus, LLC for Professional Services for the Redesign and  
Improvements of the City's Website.  
This item was approved on the Consent Agenda.  
Approve the Ratification of Emergency Orders No. 2022-12 Relating to the  
Waiver of Permits and Fees for Certain Fences on Residential Property;  
2022-13 Relating to the Waiver of Permits and Fees for Certain Sheds on  
Residential Property; 2022-14 Relating to the Temporary Use of Storage  
Containers on Residential Property; 2022-15 Relating to Tree Protection  
Regulations; and 2022-16 Terminating Emergency Order 2022-07.  
Vice Mayor Langdon announced the item.  
Commissioner White spoke to the item.  
Discussion took place regarding study on trees from previous Hurricanes, wind resistant  
trees, and tree survival rates.  
Mayor Emrich joined the meeting at 10:27 a.m.  
Discussion continued on adequate rooting space, irrigation, shallow root system, and  
planting native plants.  
A motion was made by Commissioner White, seconded by Commissioner Luke, to  
approve Item No. 22-3698 as presented. The motion carried on the following vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
GENERAL BUSINESS:  
A.  
Discussion  
and  
Possible  
Action  
Regarding  
Federal  
Emergency  
Management Agency (FEMA), Florida Building Code, and Unified Land  
Development Code of the City of North Port Requirements to Repair and/or  
Rebuild Damaged Structures in the City of North Port, and Requirements  
for the Continued Payment of City Water and Wastewater Base Facility  
Charges.  
Mayor Emrich announced the item.  
Mr. Fletcher introduced the item.  
Commissioner McDowell spoke to the item.  
Commission questions and discussion took place regarding 50% rule for AE flood zone,  
50% rule outside of flood zones, commercial and residential requirements within the  
Unified Land Development Code (ULDC), assessment process, appeals process,  
standard valuation method, funding options, licensed appraiser search, home disclosures,  
notification to 600 homes, requirements to build out of floodplain, substantial  
improvement, parking regulation requirements, 5 year cumulative timeframe, contractor  
work versus homeowner work, date notification was sent to residents, requirement to  
bring to code when pulling permit for replacement, fire damage example, contact number  
for flood zone information, permit package, required number of estimate for application,  
FEMA Maps including update, rentals, abandoned properties, utility fees for mobile home  
parks, reinstatement of existing service charge verbiage, emergency situations, base  
charges, use of commission contingency, and townhall meetings with Federal  
Emergency Management Agency (FEMA).  
Public Comment:  
Tricia Murray: expressed concern with lack of information regarding estimates,  
appraisals, and delay in public notification  
Andrew Murray: spoke to FEMA guidelines for flexibility  
John Hill: spoke to FEMA map update and expressed concern with Cocoplum canal  
levels  
Austin Baird: expressed concern with flood insurance requirements and canal drainage  
Kathy Concepcion: expressed concern with appraisals  
Anna Kopfhamer: expressed concern with 50% rule and public notification  
Stephanie Taylor: spoke to loss during hurricane and expressed concern with canal levels  
Christos Tsourakis: expressed concern with recovery efforts  
Commission questions and discussion took place regarding program for school  
transportation, lowering water levels, online gauges that display water level decreases,  
flooding issues due to imperviable surfaces, School House link program, and overall  
gratitude.  
Recess was taken from 12:15 p.m. until 1:00 p.m.  
4. PUBLIC HEARINGS:  
Ordinance - First Reading:  
An Ordinance of the City of North Port, Florida, Establishing a Schedule  
and Location of City Commission Regular Meeting and Workshops for the  
2023 Calendar Year; Providing for Findings; Providing for conflicts,  
Providing for Severability; and Providing and Providing and Effective Date.  
Mayor Emrich announced the item and requested a motion to direct the City Clerk to  
read by title only.  
A motion was made by Vice Mayor Langdon, seconded by Commissioner Luke, to  
direct the City Clerk to read the Ordinance by title only. The motion carried on the  
following vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
Ms. Faust read the Ordinance by title only.  
Ms. Jianelli introduced to the item.  
Commission questions and discussion took place regarding missing language from last  
year’s ordinance, changing workshops to regular meetings, commission policy regarding  
workshop procedure and defining consensus, special meeting placeholders, value of  
workshops, and designated meeting locations.  
There was no public comment.  
Mayor Emrich closed the public hearing and requested a motion.  
A
motion was made by Commissioner McDowell, seconded by Commissioner  
Luke, to continue Ordinance No. 2022-26 to second reading on November 22, 2022,  
with the following changes:  
1. Staff to determine logistics of designation of meetings/workshops outside of  
Chambers and Room 244 in Section 2.02 and Section 2.03.  
2. Include the blurb in Ordinance 2021-43, Section 2.03 in this ordinance.  
The motion carried on the following vote:  
5 -  
Yes:  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
A
motion was made by Commissioner McDowell, seconded by Commissioner  
Luke, to direct the City Attorney and City Clerk to work on process for  
workshops, consensus’ and motions as Commission policy to be brought back to  
Commission for approval. The motion carried on the following vote:  
a
5 -  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
An Ordinance of the City of North Port, Florida, Repealing and Replacing  
Chapter 59 of the Unified Land Development Code Regarding Public Art;  
Providing for Findings; Providing for Conflicts; Providing for Severability;  
Providing for Codification; and Providing an Effective Date  
Mayor Emrich announced the item and requested a motion to direct the City Clerk to  
read by title only.  
A motion was made by Vice Mayor Langdon, seconded by Commissioner Luke, to  
direct the City Clerk to read the Ordinance by title only. The motion carried on the  
following vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
Ms. Faust read the Ordinance by title only.  
Ms. Barnes provided presentation to include public art regulations Chapter 59,  
a
background, proposed amendments, repeal and replace, require installation of public art,  
measurable standards and general requirements, standards for approval, process for  
public art that deviates from general requirements, public art installation prior to certificate  
of occupancy, Art Advisory Board recommendation related to expenditure of art funds,  
and consistentcy with Comprehensive Plan.  
Commission questions and discussion took place regarding Planning and Zoning  
Advisory Board (PZAB) vote, restrictive language including preference versus required,  
lighting requirements, murals, fee adjustment, definition updates, architectural style  
verbiage, installation placement, deferral option percentage, cash bond release language  
including “without interest”, deposit options, requirements when development is done in  
phases, individual lot applications, and option combine lot applications.  
There was no public comment.  
Mayor Emrich closed the public hearing and requested a motion.  
There was consensus to remove D from line 82 in its entirety.  
Consensus was requested to have staff revisit G regarding lighting public art to make it  
optional.  
Discussion took place regarding language for lighting.  
There was consensus in line 121 6 to have staff fix the sentence about local artist to  
remove that.  
There was consensus in line 166 to remove the cash deposit and keep the bond.  
There was consensus in line 172 to remove the language regarding cash deposit  
and keep the bond.  
A
motion was made by Commissioner McDowell, seconded by Commissioner  
Luke, to continue Ordinance No. 2022-27 to second reading on November 22, 2022,  
with the consensus’ given during discussion. The motion carried on the following  
vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
An Ordinance of the City of North Port, Florida, Repealing and Replacing  
Chapter 4, Article III of the Code of the City of North Port, Florida Relating  
to the Art Advisory Board; Providing for Findings; Providing for Conflicts;  
Providing for Severability; Providing for Codification; and Providing an  
Effective Date  
Mayor Emrich announced the item and requested a motion to direct the City Clerk to  
read by title only.  
A motion was made by Vice Mayor Langdon, seconded by Commissioner Luke, to  
direct the City Clerk to read the Ordinance by title only. The motion carried on the  
following vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
Ms. Faust read the Ordinance by title only.  
Mr. Fletcher introduced the item.  
Commission questions took place regarding Chapter 59 language.  
There was no public comment.  
Mayor Emrich closed the public hearing and requested a motion.  
A
motion was made by Commissioner McDowell, seconded by Vice Mayor  
Langdon, to continue Ordinance No. 2022-28 to second reading on November 22,  
2022. The motion carried on the following vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
An Ordinance of the City of North Port, Florida, Repealing and Replacing  
Chapter 59 of the Unified Land Development Code Regarding Public Art;  
Providing for Findings; Providing for Conflicts; Providing for Severability;  
Providing for Codification; and Providing an Effective Date  
A
motion was made by Commissioner McDowell, seconded by Commissioner  
Luke, to reopen Ordinance No. 2022-27. The motion carried on the following vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
Commission questions and discussion continued regarding revising the definition of public  
art.  
Mayor Emrich closed the public hearing.  
Resolution - Third Reading  
A Resolution of the City Commission of the City of North Port, Florida,  
Amending the Non-District Budget for Fiscal Year 2021-2022 for the  
Interlocal Agreement for Joint County/Municipality Economic  
a
Development Program in the Amount of $151,213: Providing for Findings;  
Providing for Conflicts: Providing for Severability: and Providing an  
Effective Date.  
Mayor Emrich announced the item and called on the City Clerk to read by title only.  
Ms. Faust read the Resolution by title only.  
Mr. Fletcher introduced the item.  
Commission questions took place regarding estimated date for the Countys agenda item  
on this topic.  
There was no public comment.  
Mayor Emrich closed the public hearing and requested a motion.  
A motion was made by Commissioner Luke, seconded by Vice Mayor Langdon, to  
adopt Resolution No. 2022-R-43 as presented. The motion carried on the following  
vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
5. GENERAL BUSINESS: CONTINUED  
B.  
Discussion and Possible Action Regarding  
a
Possible Referendum  
Question to Amend Section 1.02 (b) of the Charter of the City of North Port  
to Allow for the Issuance of General Obligations or Revenue Bonds Up to a  
Specific Amount in Certain Circumstances.  
Mayor Emrich announced the item.  
Mr. Fletcher introduced the item.  
Commissioner Luke spoke to the item.  
Commission questions and discussion took place regarding setting parameters, concern  
with going against electorate, effect on bond rate, bond council opinion, defining  
emergency, and Charter Review Advisory Board input.  
Ms. Slayton provided background and spoke to interpretation of language and bond  
ratings.  
Commission questions and discussion continued regarding previous Charter rewrite,  
There was no public comment.  
Mayor Emrich requested a motion.  
A
motion was made by Commissioner Luke, seconded by Commissioner  
McDowell, to direct staff to start process of reviewing discussion regarding  
a
referendum that would go out in the next election cycle to change the Charter to  
allow the city to issue general obligations or revenue bonds in the future. The  
motion carried on the following vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
Recess was taken from 2:35 p.m. until 2:45 p.m.  
C.  
Discussion and Possible Action Regarding the Display of the Roseate  
Spoonbill Sculpture in City Hall.  
Mayor Emrich announced the item.  
Mr. Fletcher introduced the item.  
Ms. Ansel provided an update, possible locations, and installation cost proposals.  
Commission questions and discussion took place regarding canvas mural on the first  
floor, placement, fire and building codes, and safety concerns.  
There was no public comment.  
Mayor Emrich requested a motion.  
A
motion was made by Commissioner McDowell, seconded by Commissioner  
Luke, to direct staff to display the Roseate Spoonbill on the second floor arched  
out section facing the front lobby. The motion carried on the following vote:  
4 - Commissioner Emrich, Luke, Commissioner McDowell and Vice Mayor White  
1 - Vice Mayor Langdon  
Yes:  
No:  
Vice Mayor Langdon dissented due to the placement direction.  
A motion was made by Commissioner Luke, seconded by Commissioner White, to  
use the Art fund to fund the placement of the spoonbill. The motion carried on the  
following vote:  
5 -  
Yes:  
Commissioner Emrich, Vice Mayor Langdon, Luke, Commissioner McDowell and  
Vice Mayor White  
D.  
Discussion and Possible Action Regarding the Community Economic  
Development Advisory Board Composition, Organization, and Term Limits  
Mayor Emrich announced the item.  
Mr. Fletcher introduced the item.  
Ms. Faust spoke to upcoming advisory board revision item.  
Ms. Stelzer spoke to the item.  
Commission questions and discussion took place regarding ex-officio appointment,  
industry changes, residency requirements, terms, defining categories/targeted industries,  
housing component, and powers and duties.  
There was no public comment.  
Mayor Emrich requested a motion.  
A
motion was made by Commissioner Luke, seconded by Commissioner  
McDowell, to direct staff to make the following recommended changes for the  
Community Economic Development Advisory Board:  
1. Change to “no more than 11 members”  
2. Changing (1) a. from Financial Services to Fintech  
3. Changing section (2) to add Targeted Industries such as Aviation and Aerospace,  
Corporate HQ, IT or Creative Industries, Biolife Sciences, Logistics & Distribution,  
and Mixed-Use  
A motion to amend was made by Commissioner McDowell to include in Section 2  
a
Housing category component. The motion to amend failed due to lack of a  
second.  
The main motion carried on the following vote:  
4 - Commissioner Emrich, Vice Mayor Langdon, Luke and Vice Mayor White  
1 - Commissioner McDowell  
Yes:  
No:  
Commissioner McDowell dissented due to not having a housing component.  
6. PUBLIC COMMENT:  
There was no public comment.  
7. COMMISSION COMMUNICATIONS:  
Commissioners presented Commissioner Luke with tokens of appreciation for her time as  
Commissioner.  
Commissioner Luke spoke to her appreciation to her fellow Commissioners and staff and  
her time as Commissioner.  
Mayor Emrich called on Commissioners for communications.  
Mayor Emrich's Report  
A.  
B.  
C.  
D.  
Mayor Emrich reported on events and activities attended.  
Vice Mayor Langdon's Report  
Vice Mayor Langdon reported on events and activities attended.  
Commissioner Luke's Report  
Commissioner Luke reported on events and activities attended.  
Commissioner McDowell's Report  
Commissioner McDowell reported on the Price Boulevard opening, events and activities  
attended.  
Commissioner White's Report  
E.  
Commissioner White reported on events and activities attended.  
8. ADMINISTRATIVE AND LEGAL REPORTS:  
Mr. Fletcher expressed appreciation of Commissioner Luke.  
Ms. Slayton expressed appreciation of Commissioner Luke.  
Ms. Faust expressed appreciation of Commissioner Luke.  
9. ADJOURNMENT:  
Mayor Emrich adjourned the meeting at 3:41 p.m.  
City of North Port, Florida  
By: ___________________________________________  
Pete Emrich, Mayor  
Attest: _________________________________________  
Heather Faust, City Clerk  
These minutes were approved on the ____ day of _______________, 2022.