4970 CITY HALL BLVD

NORTH PORT, FL 34286

City of North Port

Meeting Minutes

City Commission Regular Meeting

CITY COMMISSIONERS

Alice White, Mayor

Phil Stokes, Vice Mayor

Pete Emrich, Commissioner

Barbara Langdon, Commissioner

Debbie McDowell, Commissioner

APPOINTED OFFICIALS

Jerome Fletcher, City Manager

Amber L. Slayton, City Attorney

Heather Faust, City Clerk

Tuesday, February 27, 2024

6:00 PM

City Commission Chambers

CALL TO ORDER

ROLL CALL

5 - Commissioner Pete Emrich, Commissioner Debbie McDowell, Mayor Alice White,

Vice Mayor Philip Stokes and Commissioner Barbara Langdon

Present:

Also Present:

City Manager Fletcher, City Attorney Slayton, Assistant City Clerk Powell, Board

Specialist Bodmer, Deputy Police Chief Morales, Fire Chief Titus, Planning and Zoning

Manager Flores, City Planner Brown, and City Planner Benge

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Pam Tokarz.

1. APPROVAL OF AGENDA

Mayor White requested a motion.

A motion was made by Vice Mayor Stokes, seconded by Commissioner Emrich,

to approve the agenda as presented. The motion carried on the following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

2. PUBLIC COMMENT:

Deborah Plasencia: spoke to zoning denial.

Josh Smith: spoke to permitting conflicts.

Valdy Olender: spoke to Police intimidation.

3. ANNOUNCEMENTS

24-0206

Announcement of Current Advisory Board and Committee Vacancies

Mayor White announced the item and called on the City Clerk to read the

announcements.

Mr. Powell read the announcements into the record.

4. CONSENT AGENDA:

Mayor White announced the item and queried the City Manager regarding items pulled

from the consent agenda for discussion.

Mr. Fletcher noted items pulled from the consent agenda for discussion.

There was no public comment.

Mayor White requested a motion.

motion was made by Commissioner McDowell, seconded by Vice Mayor

Stokes, to approve the consent agenda with the exception of Item Nos. 23-1403

and 23-1661 being pulled for discussion. The motion carried on the following

vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

23-1312

23-1314

23-1403

Approve

Contract

No.

2022-28 for

Professional

Architectural

and

Engineering Services with Sweet Sparkman Architects, Inc., in the

Amount of $211,265.00 for Project R20FAC Public Works Facility Phase

II.

This item was approved on the consent agenda.

Approve Contract No. 2022-36 for Construction Manager at Risk

Preconstruction Services Contract Phase I with Ajax Building Company,

LLC, in the Amount not to Exceed $30,790.00 for Public Works Facility

Phase II.

This item was approved on the consent agenda.

Approve Contract No. 2022-02 for Right of Way Mowing, Trimming, and

Litter Removal with Walkers Service Inc., to Add Location No. 3 in the

Amount of $34,773.30 for

$531,782.82.

Total Estimated Amount for 2024 is

Mayor White announced the item.

Commissioner McDowell spoke to location and responsible party for mowing.

There were no Commission questions or discussion.

There was no public comment.

motion was made by Commissioner McDowell, seconded by Commissioner

Langdon, to approve Item No. 23-1403 as presented. The motion carried on the

following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

23-1661

Approve

First

Amendment

Contract

No.

2023-28 for

Road

Rehabilitation Project to Preferred Materials, Inc., in the Amount of

$3,724,860.26, With a Contingency of $670,474.84 for a Total Amount

of $4,395,335.10, for an Additional Four (4) New Road Segments

Including Toledo Blade Boulevard Phase III, South Salford Subdivision,

Tihal Terrace, and Hampshire Circle, for Milling, Resurfacing, and

Additional Time to Complete the Requested Work.

Mayor White announced the item.

Commissioner McDowell spoke paving concerns, residents, condition of roads, survey

of homes, pavement analysis, and environmentally sensitive land.

There were no Commission questions or discussion.

There was no public comment.

motion was made by Commissioner Langdon, seconded by Commissioner

Emrich, to approve Item No. 23-1661 as presented. The motion carried on the

following vote with Commissioner McDowell dissenting due to Toledo Blade

project, environmentally sensitive land, and no new properties on Hampshire

Circle.

4 - Commissioner Emrich, Mayor White, Vice Mayor Stokes and Commissioner

Langdon

Yes:

No:

1 - Commissioner McDowell

23-1705

24-0040

Approve the Fourth Amendment to Agreement No. 2019-48.001 Debris

Management Services and Ancillary Preparation/Recovery Services in

the City of North Port With Ceres Environmental Services, Inc.

This item was approved on the consent agenda.

Approve Contract No. 2023-41 Professional Construction, Engineering,

and Inspection (CEI) Services & Geotechnical Engineering Services for

Price Boulevard - Phase I Widening Project with AECOM Technical

Services, Inc. in the Amount of $4,218,161.04.

This item was approved on the consent agenda.

24-0065

24-0169

Approve Eighth Amendment to Agreement No. 2015-19, Professional

Engineering Services for the Widening of Price Boulevard, from Sumter

Boulevard to Toledo Blade Boulevard to Consor Engineers, LLC in the

Amount of $218,988.00.

This item was approved on the consent agenda.

Approve the Community Development Block Grant Sub-Recipient

Agreement, Between Sarasota County, Florida, and the City of North

Port, Florida, for Social Service Case Management, Contract Number

B-23-UC-12-0014, in the Amount of $55,000 to Fund Staff Salaries for

the Social Services Division, and Authorize the City Manager or the

Mayor, as Applicable Under the City Charter, to Execute all Funding

Documents After Legal Review.

This item was approved on the consent agenda.

24-0174

Approve the Appointment of Gavin Gray as a Youth Member of the

Parks & Recreation Advisory Board, to Serve a Term From February 27,

2024, to February 27, 2025.

This item was approved on the consent agenda.

24-0175

Approve the Appointment of Nolan Deming as a Regular Member of the

Zoning Board of Appeals, to Serve a Term From February 27, 2024, to

February 27, 2027.

This item was approved on the consent agenda.

24-0177

24-0185

Approve Work Assignment 2024-01 With Kimley-Horn, in the Amount of

$205,749.00, for the Water Distribution System Improvements Project.

This item was approved on the consent agenda.

Approve the Appointment of Lacey Holland as a Regular Member of the

Community Economic Development Advisory Board, to Serve a Term

from February 27, 2024, to February 27, 2027.

This item was approved on the consent agenda.

24-0189

Approve Amendment No. 1 to Agreement No. CAC2019-0106, the

Sarasota County Governmental Management System (GovMax) Hosted

Application Service and License Agreement Between Sarasota County

and the City of North Port for the County's Continued Provision of

Hosting Services for the City of North Port's GovMax Program for the

Term of One Year in an Amount Not to Exceed $28,981.85.

This item was approved on the consent agenda.

24-0198

24-0277

Approve the Appointment of Richard Gortz as a Regular Member of the

Zoning Board of Appeals, to Serve a Term From February 27, 2024, to

February 27, 2027.

This item was approved on the consent agenda.

Approve Work Assignment No. 2024-02 with CDM Smith, Inc. in the

Amount of $499,850.00, for the North Port Wastewater Master Plan

Project.

This item was approved on the consent agenda.

5. PUBLIC HEARINGS:

PETITIONS:

PLF-23-127

Consideration of Petition PLF-23-127, Re-Plat Woodlands Commercial

Park, Phase 1. (QUASI-JUDICIAL)

Mayor White announced the item, stated this is a quasi-judicial hearing, and called on

the City Clerk to read by title only.

Mr. Powell read the Petition by title only and swore in those wishing to provide

testimony.

Mayor White called for disclosure of ex-parte communications.

Commissioner McDowell, Vice Mayor Stokes, Commissioner Langdon, Mayor White,

and Commissioner Emrich disclosed no ex-parte communications.

Mr. Powell stated there were no aggrieved parties.

Todd Mathes, Benderson Development, being duly sworn, spoke to re-purposing the

land and Staff report.

Mr. Brown, being duly sworn, provided

a presentation including overview, applicant,

property owner, request, location, aerial view, compliance with Unified Land

Development Code (ULDC) and Florida Statutes, and recommendations.

There were no rebuttals by the Applicant.

There were no rebuttals by Staff.

There was no public comment.

There were no Commission questions or discussion.

There were no closing arguments by the Applicant.

There were no closing arguments by Staff.

Mayor White closed the public hearing and requested a motion.

A motion was made by Vice Mayor Stokes, seconded by Commissioner Langdon,

to approve the Woodlands Commercial Park Phase 1 Re-Plat, Petition No.

PLF-23-127, and find that, based on the competent and substantial evidence, the

plat is consistent with Florida Statutes Section 177.081, the Unified Land

Development Code, and the North Port Comprehensive Plan. The motion carried

on the following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

PLF-23-201

Consideration of Petition PLF-23-201, Wellen Park Downtown Phase 3

Final Plat (QUASI-JUDICIAL)

Mayor White announced the item, stated this is a quasi-judicial hearing, and called on

the City Clerk to read by title only.

Mr. Powell read the Petition by title only and swore in those wishing to provide

testimony.

Mayor White called for disclosure of ex-parte communications.

Commissioner McDowell, Vice Chair Stokes, Commissioner Langdon, Mayor White,

and Commissioner Emrich disclosed no ex-parte communications.

Mr. Powell stated there were no aggrieved parties.

Mr. Brown, being duly sworn, noted the applicant is not present and provided

presentation including overview, applicant, property owner, request, location, aerial

view, compliance with Unified Land Development Code (ULDC) and Florida Statutes,

and recommendations.

There were no rebuttals by Staff.

There was no public comment.

There were no Commission questions or discussion.

There were no closing arguments by Staff.

Mayor White closed the public hearing and requested a motion.

motion was made by Commissioner McDowell, seconded by Commissioner

Langdon, to approve the Wellen Park Downtown Phase 3 Final Plat, Petition No.

PLF-23-201, and find that, based on the competent and substantial evidence, the

plat is consistent with Florida Statutes Section 177.081, the Unified Land

Development Code, and the North Port Comprehensive Plan. The motion carried

on the following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

PLF-23-245

Consideration of Petition PLF-23-245, Palmera at Wellen Park Phases

1A, 1B, 1C & 1D Final Plat (QUASI-JUDICIAL)

Mayor White announced the item, stated this is a quasi-judicial hearing, and called on

the City Clerk to read by title only.

Mr. Powell read the Petition by title only and swore in those wishing to provide

testimony.

Mayor White called for disclosure of ex-parte communications.

Commissioner McDowell, Vice Mayor Stokes, Commissioner Langdon, Mayor White,

and Commissioner Emrich disclosed no ex-parte communications.

Mr. Powell stated there were no aggrieved parties.

Mr. Grubb, being duly sworn, noted the applicant is not present and provided

presentation including overview, applicant, property owner, request, location, aerial

view, compliance with Unified Land Development Code (ULDC) and Florida Statutes,

and recommendations.

There were no rebuttals by Staff.

There was no public comment.

Commission questions and discussion took place regarding preservation.

There were no closing arguments by Staff.

Mayor White closed the public hearing and requested a motion.

motion was made by Commissioner Langdon, seconded by Commissioner

Emrich, to approve the Palmera at Wellen Park Phases 1A, 1B, 1C, and 1D Final

Plat, Petition No. PLF-23-245, and find that, based on the competent and

substantial evidence, the plat is consistent with Florida Statutes Section 177.081,

the Unified Land Development Code, and the North Port Comprehensive Plan.

The motion carried on the following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

ORDINANCE - FIRST READING:

ORD. NO.

2024-05

An Ordinance of the City of North Port, Florida, Rezoning ±262.34 Acres

Located East of Toledo Blade Boulevard Approximately 1 Mile North of

I-75 in Section 6, Township 39 South, Range 22 East

of Sarasota

County and Further Described in Instrument No. 2023042804 in Official

Records of Sarasota County, From No Zoning Designation District

(NZD)

Classification

Residential

Multi-Family

District

(RMF)

Classification; Amending the Official Zoning Map; Providing for Findings;

Providing for Filing of Approved Documents; Providing for Conflicts;

Providing

for

Severability;

and

Providing

Effective

Date.

(QUASI-JUDICIAL)

Mayor White announced the item, stated this is a quasi-judicial hearing, and requested

a motion to direct the City Clerk to read by title only.

motion was made by Commissioner McDowell, seconded by Commissioner

Langdon, to direct the City Clerk to read the Ordinance by title only. The motion

carried on the following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

Mr. Powell read the Ordinance by title only and swore in those wishing to provide

testimony.

Mayor White called for disclosure of ex-parte communications.

Ms. Slayton spoke to process for documents distributed prior to the meeting.

Recess was taken from 6:48 p.m. to 6:54 p.m.

Commissioner McDowell disclosed all previous ex parte disclosures regarding

Comprehensive Plan Amendment and rezoning and public commenter documentation.

Vice Chair Stokes disclosed public commenter documents.

Commissioner Langdon disclosed public commenter documents.

Mayor White disclosed public commenter documents.

Commissioner Emrich disclosed public commenter documents.

Mr. Powell stated there were no aggrieved parties.

Jeffrey Boone, Boone Law firm and Kenrick Gallander, RWA Engineering, being duly

sworn, provided a presentation including overview, land, zoning district, master plan,

transportation, analysis, conservation, economic development, benefits, and requested

approval.

Mr. Benge, being duly sworn, provided

a presentation including overview, applicant,

property owner, request, location, aerial view, Comprehensive Plan Analysis,

compliance with Unified Land Development Code (ULDC) and Florida Statutes, and

recommendations.

Mr. Boone provided a rebuttal regarding consistency with prior petitions for the property

and the Comprehensive Plan.

Mr. Benge provided a rebuttal regarding Planning and Zoning Advisory Board vote in

favor of the project.

Ronzo Lott: expressed opposition to the proposed Ordinance.

Pam Tokarz: expressed opposition to the proposed Ordinance.

Susan Balmer: expressed opposition to the proposed Ordinance.

Linda Riley: expressed opposition to the proposed Ordinance.

Kevin Riley: expressed opposition to the proposed Ordinance.

Carolyn Price: expressed opposition to the proposed Ordinance.

Commission questions and discussion took place regarding concern with rezoning to

high residential and allowable dwelling units per acre.

Staff provided closing arguments regarding support of the rezone.

Mr. Boone provided

closing argument regarding safety, traffic study, permitting,

environment, federal review, and staff recommendation.

Mayor White closed the public hearing and requested a motion.

A motion was made by Vice Mayor Stokes, seconded by Commissioner Langdon,

to continue Ordinance No. 2024-05 to second reading on March 5, 2024.

Discussion continued regarding to increasing tax income, missed opportunity, and

being left with no choice but to vote yes.

The motion carried on the following vote with Commissioner Emrich dissenting

due to opposing the project from the start:

4 - Commissioner McDowell, Mayor White, Vice Mayor Stokes and Commissioner

Langdon

Yes:

No:

1 - Commissioner Emrich

Recess was taken from 7:55 p.m. to 8:05 p.m.

ORD. NO.

2024-02

An Ordinance of the City of North Port, Florida, Annexing ± 2.491 Acres

of Real Property Located on the Northwest Corner of North River Road

and South Tamiami Trail in the Unincorporated Area of Sarasota

County, Florida and Contiguous to the Existing City Limits of the City of

North Port, Florida; Redefining the Boundary Lines of the City of North

Port to Include the Property; Providing for Findings; Providing for

Annexation;

Amending

the

Official

Zoning

Map;

Providing

for

Assessment and Taxation; Providing for Filing of Documents; Providing

for Conflicts; Providing for Severability; and Providing an Effective Date.

Mayor White announced the item and requested a motion to direct the City Clerk to

read by title only.

motion was made by Vice Mayor Stokes, seconded by Commissioner

McDowell, to direct the City Clerk to read the Ordinance by title only. The motion

carried on the following vote:

4 - Commissioner McDowell, Mayor White, Vice Mayor Stokes and Commissioner

Langdon

Yes:

1 - Commissioner Emrich

Not Present:

Mr. Powell read the Ordinance by title only.

Mr. Benge provided

presentation including overview, applicant, property owner,

request, location, aerial view, compliance with Unified Land Development Code (ULDC)

and Florida Statutes, and recommendations.

Commission questions and discussion took place regarding Joint Plan Agreement with

the county.

There was no public comment.

Mayor White closed the public hearing and requested a motion.

A motion was made by Vice Mayor Stokes, seconded by Commissioner Langdon,

to continue Ordinance No. 2024-02 to second reading on March 5, 2024. The

motion carried on the following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

ORD. NO.

2024-04

An Ordinance of the City of North Port, Florida, Amending the Unified

Land Development Code to Incorporate the Revised Federal Emergency

Management Agency Flood Insurance Study and Flood Insurance Rate

Maps and Related Definitions by Amending Sections 17-9 and 17-84;

Providing for Findings; Providing for Conflicts; Providing for Severability;

Providing for Codification; and Providing an Effective Date.

Mayor White announced the item and requested a motion to direct the City Clerk to

read by title only.

motion was made by Commissioner McDowell, seconded by Commissioner

Langdon, to direct the City Clerk to read the Ordinance by title only. The motion

carried on the following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

Mr. Powell read the Ordinance by title only.

Mr. Fletcher introduced the item.

Commission questions and discussion took place regarding Federal Emergency

Management Agency (FEMA) maps.

There was no public comment.

Mayor White closed the public hearing and requested a motion.

motion was made by Commissioner Langdon, seconded by Commissioner

McDowell, to continue Ordinance No. 2024-04 to second reading on March 5,

2024. The motion carried on the following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

ORDINANCE - SECOND READING:

ORD. NO.

2024-03

An Ordinance of the City of North Port, Florida, Annexing ± 6.89 Acres

of Real Property Located in the Unincorporated Area of Sarasota

County, Florida and Contiguous to the Existing City Limits of the City of

North Port, Florida; Redefining the Boundary Lines of the City of North

Port to Include this Property; Providing for Findings; Providing for

Annexation;

Amending

the

Official

Zoning

Map;

Providing

for

Assessment and Taxation; Providing for Filing of Documents; Providing

for Conflicts; Providing for Severability; and Providing an Effective Date.

Mayor White announced the item and called on the City Clerk to read by title only.

Mr. Powell read the Ordinance by title only.

Mr. Fletcher introduced the item.

There were no Commission questions or discussion.

There was no public comment.

Mayor White closed the public hearing and requested a motion.

A motion was made by Vice Mayor Stokes, seconded by Commissioner Langdon,

to adopt Ordinance No. 2024-03 as presented. The motion carried on the

following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

6. GENERAL BUSINESS:

24-0204

Consider the City’s Application for an Exception by Special Permit and

for a Variance to the Noise Regulations in the Code of the City of North

Port, Florida, Sections 46-40 Through 46-45 for an Extension to the

Toledo Blade Boulevard Rehabilitation Project.

Mayor White announced the item.

Mr. Fletcher introduced the item.

Commission questions and discussion took place regarding recommended language.

There was no public comment.

Mayor White requested a motion.

motion was made by Commissioner McDowell, seconded by Commissioner

Emrich, to approve the issuance of a variance to the Code of the City of North

Port, Florida, Section 46-42, Subsection (6) and approve the issuance of an

exception by special permit for the Toledo Blade Boulevard Rehabilitation

Project, subject to the following parameters and conditions:

Parameters:

Timeframe: Commence work on February 28, 2024, and complete work on April

30, 2024.

Work hours:

Work zone area hours:

Setup: 8:00 p.m. on weekdays, weekends and holidays in or within 50 yards of

any residential area

Breakdown: 8:00 a.m. on weekdays and 8:30 a.m. on weekends and holidays in or

within 50 yards of any residential area

Road rehabilitation work hours:

9:00 p.m. and 7:00 a.m. the following day on weekdays or 9:00 p.m. and 7:30 a.m.

on weekends and holidays in or within 50 yards of any residential property

Conditions:

The contractor shall be required to maintain applicable maintenance of traffic

operations.

The contractor shall maintain one (1) travel lane in each direction at all times.

The contractor will prioritize emergency response vehicles through the work

zone.

The motion carried on the following vote:

5 - Commissioner Emrich, Commissioner McDowell, Mayor White, Vice Mayor Stokes

and Commissioner Langdon

Yes:

24-0324

Discussion and Possible Action Regarding Use of the City Seal on the

Mural Located at the North Port Aquatic Center by Catherine Beausoleil

(Requested by Mayor White).

Mayor White announced the item.

Mr. Fletcher introduced the item.

Commission questions and discussion took place regarding use of logo, legal, and

defacing City Seal.

Mr. Powell read the following eComments into the record:

Catherine Beausoseil: expressed support of mural.

Mayor White requested a motion.

motion was made by Commissioner McDowell, seconded by Commissioner

Langdon, for the artist to remove the City Seal from the back of the turtle at the

North Port Aquatic Center. The motion carried on the following vote with Mayor

White dissenting due to not seeing an issue with the placement:

4 - Commissioner Emrich, Commissioner McDowell, Vice Mayor Stokes and

Commissioner Langdon

Yes:

1 - Mayor White

No:

7. PUBLIC COMMENT:

Mr. Powell read the following eComments into the record:

Nonprofits Nonprofits: Opposed the city using signs for advertisement.

8. COMMISSION COMMUNICATIONS:

Mayor White called on Commissioners for communications.

Commissioner Langdon's Communications

Commissioner Langdon reported on important topics and events attended.

Mayor White's Communications

Mayor White reported on important topics and events attended.

Commissioner McDowell's Communications

Commissioner McDowell reported on important topics and events attended.

Commissioner Emrich's Communications

Commissioner Emrich reported on important topics and events attended.

Vice Mayor Stokes' Communications

Vice Mayor Stokes reported on important topics and events attended.

9. ADMINISTRATIVE AND LEGAL REPORTS:

24-0224 City Clerk's Monthly Report