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 Taylor, City Clerk

Tuesday, November 23, 2021

6:00 PM

City Commission Chambers

CALL TO ORDER

Mayor Emrich called the meeting to order at 6:00 p.m.

ROLL CALL

5 -

Present:

Mayor Pete Emrich, Vice Mayor Barbara Langdon, Commissioner Jill Luke,

Commissioner Debbie McDowell and Commissioner Alice White

Also Present

City Manager Jerome Fletcher, City Attorney Amber Slayton, City Clerk Heather Taylor,

Recording Secretary Amanda Baker, Fire Chief Scott Titus, Police Commander Eric

Sineath, and Zoning Coordinator Sherry Willette-Grondin

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Commissioner Debbie McDowell.

1. APPROVAL OF AGENDA

motion was made by Commissioner McDowell, seconded by Commissioner

Luke, to approve the Agenda as presented. The motion carried on the following

vote:

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

2. PUBLIC COMMENT:

Ms. Taylor read the following e-comments into the record:

Edie Driest: supports designating the Florida scrub jay as State bird

PUBLIC COMMENT:

Jeffrey Scott: City of North Port's Vision and accountability of City staff

Valdy Olender: organizational chart, Supreme Court opinions, and bureaucracies

Allain Hale: supports designating the Florida scrub jay as State bird

3. ANNOUNCEMENTS

21-1913

Current Vacancies and Upcoming Expiration Dates for Board and

Committees

Ms. Taylor read the announcements into the record.

4. CONSENT AGENDA:

Mr. Fletcher noted items to be pulled from the Consent Agenda for discussion.

Commissioner McDowell rescinded her request to pull Item No. 21-1772.

A motion was made by Commissioner Luke, seconded by Vice Mayor Langdon, to

approve the Consent Agenda as presented. The motion carried on the following

vote:

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

21-1579

21-1584

Approve the Second Amendment to the City of North Port, Florida, and

North Port Health Investors, LLC Water and Wastewater System

Developer’s Agreement.

This item was approved on the Consent Agenda.

Approve the Purchase of One (1) New International MV Ambulance from

REV RTC, Inc. for the North Port Fire-Rescue District for an Estimated

Cost of $298,890 and, Due to Current Nationwide Logistical and

Manufacturing Issues Causing Significant Delays and Availability,

Authorize the City Manager to Approve the Sourcing and Purchase of an

Equivalent Asset, if Necessary.

This item was approved on the Consent Agenda.

21-1682

Approve the Application for Funding Assistance to the Federal Fiscal Year

(FFY) 2020 Edward Byrne Memorial Justice Assistance Grant (JAG)

Program-Florida JAG Direct in the amount of $7,930 and Authorize the

City Manager or the Mayor, as Applicable Under the City Charter, to

Execute all Funding Documents After Legal Review, Should the Grant be

Awarded to the City.

This item was approved on the Consent Agenda.

21-1688

21-1720

Approve Sole Source Procurement of Annual Maintenance from Central

Square Technologies, LLC in the Estimated Cost Amount of $180,750.76

with a Contingency Amount of $10,000.00.

This item was approved on the Consent Agenda.

Approve the Utilization of the Florida Sheriffs Association Contract

FSA20-VEL28.0 and FSA20-VEH18.0 to Purchase One (1) 2022 Ford

E-350; Two (2) 2022 Ford F-350and One (1) 2022 Ford F-350F From

Duval Ford, LLC, in the Estimated Amount of $241,149.20 and, Due to

Current Nationwide Logistical and Manufacturing Issues Causing

Significant Delays and Availability Authorize the City Manager to Approve

the Sourcing and Purchase of an Equivalent Asset, if Necessary.

This item was approved on the Consent Agenda.

21-1723

Approve the Application to the U.S. Department of Health & Human

Services CARES Act Provider Relief Fund: Phase 4 General Distribution

and any future phases and Authorize the City Manager or the Mayor, as

Applicable Under the City Charter, to Execute all Funding Documents After

Legal Review, Should the Grant be Awarded to the City.

This item was approved on the Consent Agenda.

21-1739

21-1754

Approve the Equitable Sharing Agreement and Certification between the

U.S. Department of Justice, the U.S. Department of Treasury and the City

of North Port Related to the Use of Federally Forfeited Funds

This item was approved on the Consent Agenda.

Approve the Utilization of the U.S. General Services Administration (GSA)

Contract No. GS-07F-0031 for Equipment and Construction Services of a

Real Time Crime Center from Millenium Products, Inc. in the Amount of

$365,626.85 with an Additional Contingency Amount of $20,000.00

This item was approved on the Consent Agenda.

21-1771

21-1772

Appointment of Robert C. Dyer as a Regular Member of the Zoning Board

of Appeals, to Serve a Three-Year Term from November 23, 2021 to

November 23, 2024.

This item was approved on the Consent Agenda.

Approve the Award of Funds in the Amount of $74.55 From the Special

Event Assistance Program to Brandi Bond to Cover the Costs of City Fees

and Resources Associated with the October 30, 2021, Trunk or Treat

Event.

This item was approved on the Consent Agenda.

21-1773

Appointment of Larry McNellis as a Regular Member of the Citizens' Tax

Oversight Committee, to Serve a Two-Year Term From November 23,

2021, to November 23, 2023.

This item was approved on the Consent Agenda.

21-1774

21-1785

Approval of Minutes for the October 12, 2021 Commission Regular

Meeting,

October

27,

2021 Commission

Workshop

Meeting,

and

November 1, 2021 Commission Joint Meeting with Planning and Zoning

Advisory Board

This item was approved on the Consent Agenda.

Approve Consent to Deemed Assignment of Investment Advisory

Agreement(s) With PFM Asset Management LLC to U.S Bancorp Asset

Management, Inc., and Ratify all the City’s Prior Consents to Assignment

Related to the Investment Advisory Agreement.

This item was approved on the Consent Agenda.

5. PUBLIC HEARINGS:

RESOLUTION:

A. RES. NO.

A Resolution of The City Of North Port, Florida, Vacating Utility and

Drainage Easements for Lots 12 And 13, Block 691, Seventeenth Addition

to Port Charlotte Subdivision; Providing for Findings; Providing for Filing of

Approved Documents; Providing for Conflicts; Providing for Severability;

and Providing an Effective Date. (QUASI-JUDICIAL).

2021-R-47

Mayor Emrich announced the item, stated this is a quasi-judicial item, opened the public

hearing, and directed the City Clerk to read the Resolution by title only.

Ms. Taylor read the Resolution by title only and swore in those wishing to provide

testimony.

There were no ex-parte communications.

Ms. Taylor noted there were no aggrieved parties.

Robert Rizzo, Applicant, being duly sworn, provided an overview of the request.

Ms. Willette-Grondin, being duly sworn, provided a presentation including an aerial map of

the lots, proposed land use, approval from all applicable utilities entities, building permits,

conditions met, noticing and revised noticing requirements, corrected notice of intent, and

Planning and Zoning Advisory Board (PZAB) and staff recommendations.

There was no rebuttal by the Applicant or Staff.

There was no public comment.

There was no Commission discussion.

There was no closing argument by Staff or the Applicant.

Mayor Emrich closed the public hearing and requested a motion.

A motion was made by Vice Mayor Langdon, seconded by Commissioner Luke, to

approve Resolution No. 2021-R-47 as presented. The motion carried on the

following vote:

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

B. RES. NO.

2021-R-55

A Resolution of the City Commission of the City of North Port, Florida

Authorizing Settlement of a Forfeiture Action in Sarasota County Circuit

Court Case No. 2020-CA-4734, Regarding Seizure of 1867 Clarinet

Avenue, North Port, Florida; Accepting Ownership of

Real Property

Located at 1867 Clarinet Avenue, North Port, Florida, and Described as

Lots 11 and 16, Block 1644, 33rd Addition to Port Charlotte Subdivision,

Sarasota County Property Appraiser Parcel Identification Number

1137164411; Authorizing Sale of the Property; Incorporating Recitals;

Providing for Filing of Documents; Providing for Conflicts; Providing for

Severability; and Providing an Effective Date.

Mayor Emrich announced the item and directed the City Clerk to read the Resolution by

title only.

Ms. Taylor read the Resolution by title only.

Ms. Slayton introduced the item.

Discussion took place regarding the property lien, amount of time it would take to sell the

property, and if Commission approval is required for the sale.

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

approve Resolution No. 2021-R-55 as presented. The motion carried on the

following vote:

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

ORDINANCE - Second Reading:

C. ORD. NO.

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

2021-42

City of North Port, Florida, Section 74-151, Related to the Operation of Golf

Carts in Cedar Grove Phase 1A; Providing for Findings; Providing or

Conflicts; Providing for Severability; Providing for Codification; and

Providing an Effective Date.

Mayor Emrich announced the item and directed the City Clerk to read the Ordinance by

title only.

Ms. Taylor read the Ordinance by title only.

Mr. Fletcher introduced the item.

There was no Commission discussion.

PUBLIC COMMENT:

William Barhydt: supports removing the operation of golf carts from Cedar Grove Phase

Mayor Emrich closed the public hearing and requested a motion.

A motion was made by Commissioner Luke, seconded by Vice Mayor Langdon, to

approve Ordinance No. 2021-42 as presented. The motion carried on the following

vote:

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

D. ORD. NO.

An Ordinance of the City of North Port, Florida, Establishing a Schedule

and Location of City Commission Regular Meetings and Workshops for the

2022 Calendar Year; Providing for Findings; Providing for Conflicts;

Providing for Severability; and Providing an Effective Date.

2021-43

Mayor Emrich announced the item and directed the City Clerk to read the Ordinance by

title only.

Ms. Taylor read the Ordinance by title only and introduced the item.

There was no Commission discussion.

There was no public comment.

Mayor Emrich closed the public hearing and requested a motion.

motion was made by Vice Mayor Langdon, seconded by Commissioner

McDowell, to approve Ordinance No. 2021-43 as presented. The motion carried on

the following vote:

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

ORDINANCE - First Reading:

E. ORD. NO.

An Ordinance of the City of North Port, Florida, Adopting the FY 2021- FY

2021-44

2025 Five-Year Schedule of Capital Improvements of the Capital

Improvements Element of the North Port Comprehensive Plan; Providing

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

Providing an Effective Date.

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

read the Ordinance by title only.

A motion was made by Commissioner Luke, seconded by Vice Mayor Langdon, to

direct the City Clerk to read the Ordinance by title only. The motion carried on the

following vote

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

Ms. Taylor read the Ordinance by title only.

Mr. Fletcher introduced the item.

There was no Commission discussion.

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

continue Ordinance No. 2021-44 to second reading on December 14, 2021. The

motion carried on the following vote:

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

6. GENERAL BUSINESS:

21-1753

Discussion and Possible Action Regarding the Commission Board and

Committee Assignments for 2021-2022.

Mayor Emrich announced the item.

Ms. Taylor introduced the item.

Discussion took place regarding designating Vice Mayor Langdon as primary for the

Tourist Development Council (TDC), Florida League of Cities (FLC) Advocacy not being on

the list, and alternates for designations.

There was no public comment.

motion was made by Vice Mayor Langdon, seconded by Commissioner

McDowell, to approve the 2021-2022 Committee Assignments with the following

change:

1. Designate Vice Mayor Langdon as the Visit Sarasota Tourist Development

Council (TDC) primary with Commissioner Luke designated as backup.

motion to amend was made by Commissioner McDowell, seconded by

Commissioner Luke, to add Florida League of Cities (FLC) Advocacy with

Commissioner McDowell as the designated representative. The motion to amend

carried on the following vote:

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

The main motion as amended carried on the following vote:

5 -

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

21-1799

Discussion and Possible Action Regarding Support of House Bill 207 and

Senate Bill 378 Adopting the Florida Scrub Jay as the Official Bird of the

State of Florida.

Mayor Emrich announced the item.

Commissioner McDowell spoke to the item including the State not having a designated

official bird, the Florida scrub jay, and adding a whereas clause in the Bill to include North

Port having a presence of scrub jays.

Discussion took place regarding the counties in which the scrub jays reside, designating

the sandhill crane as the State bird or City bird, and legislation pushing for the scrub jay

to be the State bird.

Ms. Taylor read the following e-comment into the record:

Robin SanVincente: supports designating the Florida scrub jay as the State bird

motion was made by Commissioner McDowell, seconded by Commissioner

White, to direct staff to use the draft Resolution in the agenda backup to create a

formal Resolution to be placed on the December 14, 2021 agenda with a whereas

clause to be added that represents the abundance of scrub jays in North Port. The

motion carried on the following vote:

5 -

Yes:

Mayor Emrich, Vice Mayor Langdon, Commissioner Luke, Commissioner McDowell

and Commissioner White

21-1800

Discussion and Possible Direction From City Commission Regarding the

Process of Informing Staff of Scrivener's Errors Prior to Ordinance First

Readings for Both Quasi-Judicial and Regular Hearings.

Mayor Emrich announced the item.

Mr. Fletcher introduced the item.

Discussion took place regarding the current process being used for the Unified Land

Development Code (ULDC) rewrite, utilizing one staff member from the City Manager's

office to work with the City Clerk's office, time constraints with agenda posting, process

for regular agenda items, and legalities with quasi-judicial items.

Ms. Slayton explained the definition of a scrivener's error.

There was no public comment.

motion was made by Commissioner Luke, seconded by Commissioner

McDowell, to have a formal policy for scrivener's errors stating that Commissioners

send notice of errors to the City Manager for regular agenda items, not including

quasi-judicial items.

Discussion took place regarding giving direction to form

scrivener's errors.

a process of addressing

Commissioner McDowell stated she does not believe the time it will take to implement a

policy is an effective use of staff's time.

Discussion took place regarding the benefits of a formal policy.

The motion carried on the following vote:

4 - Mayor Emrich, Vice Mayor Langdon, Commissioner Luke and Commissioner White

1 - Commissioner McDowell

Yes:

No:

Commissioner McDowell dissented for reasons stated.

7. PUBLIC COMMENT:

There was no public comment.

8. COMMISSION COMMUNICATIONS:

Commissioner McDowell reported on the Veterans Day ceremony, Heart of War

ceremony, National Night Out, Peace River barbecue event, Homeless to Home

luncheon, Awaken Church food drive, National League of Cities virtual attendance, and

wished all a happy Thanksgiving.

Commissioner White reported on the Gabby Petito memorial bench, community

kindness, Home Rule, and large governmental entities overruling small government

decisions.

Commissioner Luke reported on the Veterans Day ceremonies, Heart of War ceremony,

Peace River barbeque event, North Port symphony, grilled cheese festival, NPPD food

drive, Teen Court, National Night Out, Florida Cancer Center ribbon cutting, National

League of Cities, Awaken Church food drive, Concert in the Park, North Port High School

play, Turkey in the Hole event, delivering the Certificate of Appreciation to the American

Red Cross for their assistance during Tropical Storm Elsa, and wished all a happy

Thanksgiving.

Vice Mayor Langdon reported on the Awaken Church food drive, stuff a cruiser event,

National Night Out, Veterans Day ceremonies, and wished all a happy Thanksgiving.

Mayor Emrich reported on National Night Out, Veterans Day ceremonies, Heart of War