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, May 24, 2022

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 Alice White and Commissioner Debbie McDowell

Also Present

City Manager Jerome Fletcher, City Attorney Amber Slayton, Assistant City Clerk Adrian

Jianelli, Recording Secretary Amanda Baker, Fire Chief Scott Titus, Police Chief Todd

Garrison, Planner III Carl Benge, Assistant City Manager Julie Bellia, Neighborhood

Development Services Director Alaina Ray, Social Services Manager Janet Carrillo, and

Assistant Parks and Recreation Director Tricia Wisner

PLEDGE OF ALLEGIANCE

A moment of silence took place for Father Patrick Organ with San Pedro Catholic

Church.

The Pledge of Allegiance was led by Vice Mayor Barbara Langdon.

1. APPROVAL OF AGENDA

Discussion took place regarding reordering the agenda.

motion was made by Commissioner McDowell, seconded by Commissioner

Luke, to approve the Agenda as amended to hear Item No. 22-2924 prior to

Ordinance No. 2022-12. The motion carried on the following vote:

4 -

Yes:

No:

Mayor Emrich, Commissioner Luke, Commissioner White and Commissioner

McDowell

1 - Vice Mayor Langdon

Vice Mayor Langdon dissented due to her belief that reordering the agenda was not

necessary.

2. PUBLIC COMMENT:

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

Edie Driest: expressed support in environmental conservation.

PUBLIC COMMENT:

Matt Ackerson: expressed opposition in the Village District Pattern Book for Gran

Paradiso.

Shawn Whitty: expressed opposition in the Village District Pattern Book for Gran

Paradiso.

Angela Gaertner: expressed opposition in the Village District Pattern Book for Gran

Paradiso.

Jeffrey Scott: Government transparency and pubic trust.

Valdy Olender: Code of Silence, Oath of Office, organizational chart, City Charter, and

taxation.

3. ANNOUNCEMENTS

22-2932

Current Vacancies and Upcoming Expirations for Boards and Committees

Ms. Jianelli read the announcements into the record.

4. CONSENT AGENDA:

Mayor Emrich announced the item.

Mr. Fletcher noted no items were pulled from the Consent Agenda for discussion.

motion was made by Vice Mayor Langdon, seconded by Commissioner

McDowell, to approve the Consent Agenda as presented. The motion carried on the

following vote:

5 -

Yes:

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

Commissioner McDowell

22-2794

22-2819

Approve the Interlocal Agreement for Community Development Block Grant

Program with Sarasota County for Fiscal Years 2023, 2024 and 2025

This item was approved on the Consent Agenda.

Approval of Melissa Winter as a Regular Member of the Planning and

Zoning Advisory Board to Serve a Four-Year Term from May 24, 2022, to

May 24, 2026.

This item was approved on the Consent Agenda.

22-2823

22-2927

Memorandum of Understanding Between the Sarasota County Public

Hospital District d/b/a Sarasota Memorial Health Care Center & ER at

North Port and Sarasota Memorial Health Care System and the City of

North Port Fire Rescue District Addressing Air Traffic Patterns for

Heliports.

This item was approved on the Consent Agenda.

Approval of Minutes for the April 26, 2022 City Commission Regular

Meeting

This item was approved on the Consent Agenda.

5. PRESENTATIONS: TIME LIMIT OF 15 MINUTES

22-2856

Presentation by the Environmental Conservancy of North Port

Mayor Emrich announced the item.

Barbara Lockhart, Environmental Conservancy of North Port, provided

a presentation

including Who are we, What do we do and where, local native tree canopy , protecting

homes of wildlife, saving local flora, woods in the neighborhood, clear cutting for

development, replanting, wildlife being displaced, conservation efforts, natural landscape,

overview of acquired lots, donations, double lot acquisitions, Go Fund Me Campaign,

surrounding areas, summary and takeaway, and how can you help.

Discussion took place regarding gratitude for the organization's efforts, Tree Fund

donations, creating a relocation habitat for gopher tortoises and scrub-jays, experimental

relocation efforts, and partnerships with State and Federal conservation agencies.

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

John SanVicente: expressed support in environmental conservancy.

6. PUBLIC HEARINGS:

PETITION:

A. CC

Consideration of Petition No. PLF-22-028, Manasota Beach Ranchlands

Plat No. 2 Final Plat (QUASI-JUDICIAL)

PLF-22-028

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

public hearing.

Ms. Jianelli read the petition title and swore in those wishing to provide testimony.

There were no ex-parte communications.

Ms. Jianelli noted there were no aggrieved parties.

John Luczynski, Senior Vice President of Wellen Park, LLC, being duly sworn, provided a

presentation including site size, proposed land use, and on-site ponds.

Mr. Benge, being duly sworn, provided

presentation including plat, drainage,

easements, site size and location, approval by City surveyor, and staff recommendation.

There was no rebuttal by Applicant or Staff.

There was no public comment.

There were no Commission questions or comments.

There was no closing argument by Staff or 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 Petition No. PLF-22-028 as presented and find that, based on the competent

substantial evidence, the Manasota Beach Ranchlands Plat No. 2 Final Plat

complies with the Unified Land Development Code and Florida Statutes Chapter

177. The motion carried on the following vote:

5 -

Yes:

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

Commissioner McDowell

ORDINANCE - SECOND READING:

B. ORD. NO.

An Ordinance of the City of North Port, Florida, Adopting a Redistricting

2022-04

Plan for the City’s Five City Commission Districts in Accordance with

Section 2.02 of the Charter of the City of North Port; Amending Sections

2-2 and 2-3 of the Code of the City of North Port, Florida to Provide for the

Approved Redistricting Map and Legal Descriptions; Providing for

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

Codification; and Providing an Effective Date.

Mayor Emrich announced the item and directed the Assistant City Clerk read the

Ordinance by title only.

Ms. Jianelli read the Ordinance by title only.

Mr. Fletcher introduced the item.

There were no Commission questions or comments.

There was no public comment.

Mayor Emrich closed the public hearing and requested a motion.

motion was made by Commissioner McDowell, seconded by Commissioner

Luke, to approve Ordinance No. 2022-04 as presented. The motion carried on the

following vote:

5 -

Yes:

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

Commissioner McDowell

7. GENERAL BUSINESS:

22-2924

Discussion and Possible Action Regarding Regulations and Permitting

Requirements for the Protection of the Florida Scrub Jays.

Mayor Emrich announced the item.

Mr. Fletcher introduced the item.

Ms. Bellia spoke to the previous Commission directives, updating the Unified Land

Development Code (ULDC), citizen-organized surveys, habitat map update, legal review,

implementation options, required code amendments, current nesting season, and

required surveys.

Discussion took place regarding alternate options for the current nesting season,

anticipated process timeline, and due diligence.

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

Robin SanVicente: expressed gratitude to Commission and Staff.

PUBLIC COMMENT:

Phil Stokes: expressed support for protecting scrub-jay habitats.

ORDINANCE - SECOND READING continued

C. ORD. NO.

An Ordinance of the City of North Port, Florida, Calling for a Referendum

Question to be Placed Before the Qualified Voters of the City of North Port,

2022-12

Florida at the November 8, 2022 General Election; Providing

Referendum Question Determining Whether to Finance the Price

Boulevard Widening Project Through the Issuance of Bonds Payable from

One-Cent Sales Tax Proceeds; Providing for Findings; Providing for the

Filing of the Ordinance with the Sarasota County Supervisor of Elections;

Providing for Conflicts; Providing for Severability; and Providing an

Effective Date.

Mayor Emrich announced the item and directed the Assistant City Clerk to read the

Ordinance by title only.

Ms. Jianelli read the Ordinance by title only.

Mr. Fletcher introduced the item.

There were no Commission questions or comments.

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 Ordinance No. 2022-12 as presented. The motion carried on the following

vote:

5 -

Yes:

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

Commissioner McDowell

D. ORD. NO.

An Ordinance of the City of North Port, Florida, Calling for a Referendum

Question to be Placed Before the Qualified Electors of the City of North

Port, Florida at the November 8, 2022 General Election; Providing a

Referendum Question Determining Whether to Amend the City Charter to

2022-13

Direct the City

Manager to Sign All Contracts and Allow the City

Commission to Grant the City Manager Authority to Enter into Certain

Contracts Without Prior Commission Approval, and to Establish

Conditions for that Authority, such as Financial Limits; Providing for the Full

Test of the Proposed Charter Amendment; Providing Findings; Providing

for an Effective Date for the New Charter Language if the Proposed

Charter Amendment is Approved; Providing for the Filing of the Ordinance

with the Sarasota County Supervisor of Elections; Providing for Publication

of the Test of the Proposed Charter Amendment; Providing for Filing with

the Florida Department of State if the Proposed Charter Amendment is

Approved; Providing for Conflicts; Providing for Severability; and Providing

an Effective Date.

Mayor Emrich announced the item and directed the Assistant City Clerk to read the

Ordinance by title only.

Ms. Jianelli read the Ordinance by title only.

Ms. Slayton introduced the item.

Commissioner McDowell spoke to

a memorandum provided by the Charter Review

Advisory Board regarding cons including potential for abuse and lack of transparency to

the public, Commission's role in checks and balances, and stated she would not support

the Ordinance.

PUBLIC COMMENT:

Jeffrey Scott: language within the City Charter regarding Commission's and Charter

Officers' duties and responsibilities

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. 2022-13 as presented.

Discussion took place regarding setting parameters for contracts and financial limits.

The motion carried on the following vote:

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

Yes:

No:

1 - Commissioner McDowell

Commissioner McDowell dissented for reasons stated.

RESOLUTION - SECOND READING:

E. RES. NO.

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

2022-R-27

Amending the Non-District Budget for Fiscal Year 2021-2022 for Payments

Pursuant to the West Villages Developer Agreement (Post Annexation) in

the amount of $1,637,195; Providing for Findings; Providing for Conflicts;

Providing for Severability; and Providing an Effective Date.

Mayor Emrich announced the item and directed the Assistant City Clerk to read the

Resolution by title only.

Ms. Jianelli read the Resolution by title only.

Mr. Fletcher introduced the item.

There were no Commission questions or comments.

There was no public comment.

Mayor Emrich closed the public hearing and requested a motion.

motion was made by Commissioner McDowell, seconded by Commissioner

Luke, to approve Resolution No. 2022-R-27 as presented. The motion carried on the

following vote:

5 -

Yes:

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

Commissioner McDowell

Recess was taken from 7:26 p.m. until 7:45 p.m.

RESOLUTION:

F. RES. NO.

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

Authorizing the Conveyance of Real Property Located Along the Northeast

Entrance Roadway to the City of North Port Southwest Wastewater

Reclamation Facility and Described as a Portion of the Tract of Land Lying

in Section 33, Township 39 South, Range 20 East, Sarasota County

Property Appraiser Parcel Identification Number 0786002200; Providing

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

and Providing an Effective Date.

2022-R-30

Mayor Emrich announced the item and directed the Assistant City Clerk to read the

Resolution by title only.

Ms. Jianelli read the Resolution by title only.

Mr. Fletcher introduced the item.

There were no Commission questions or comments.

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. 2022-R-30 as presented. The motion carried on the

following vote:

5 -

Yes:

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

Commissioner McDowell

G. RES. NO.

2022-R-34

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

Accepting a Permanent Utility Easement on a Portion of Property Lying in

Sections 21 & 22, Township 39 South, Range 21 East, Sarasota County

Florida, Property Appraiser Parcel Identification Number 0979110001;

Providing for Incorporation of 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 Assistant City Clerk to read the

Resolution by title only.

Ms. Jianelli read the Resolution by title only.

Mr. Fletcher introduced the item.

There were no Commission questions or comments.

There was no public comment.

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. 2022-R-34 as presented. The motion carried on the

following vote:

5 -

Yes:

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

Commissioner McDowell

H. RES. NO.

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

Commission to Participate in a Joint Meeting with the Charlotte County

Commission to Receive, Discuss, and Act Upon Matters of Mutual Interest;

Incorporating Recitals; Providing for Severability; and Providing an

Effective Date

2022-R-35

Mayor Emrich announced the item and directed the Assistant City Clerk to read the

Resolution by title only.

Ms. Jianelli read the Resolution by title only and introduced the item.

Discussion took place regarding discussion topics and providing briefing memoranda at

the joint meeting.

There was no public comment.

Mayor Emrich closed the public hearing and requested a motion.

motion was made by Commissioner McDowell, seconded by Commissioner

Luke, to approve Resolution No. 2022-R-35 as presented. The motion carried on the

following vote:

5 -

Yes:

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

Commissioner McDowell

7. GENERAL BUSINESS continued

22-2937

Discussion and Possible Action to Request the City Attorney and the

Attorney General's Office to Conduct a Written Opinion to Interpret Florida

State Statute Chapter 286 With Regard to Public Notice Requirements for

Commission Retreats

Mayor Emrich announced the item.

Mr. Fletcher introduced the item.

Commissioner McDowell spoke to the item.

Discussion took place regarding public noticing of Commission retreats.

Commissioner Luke read her prepared statement and stated she would not support the

item.

Discussion ensued regarding setting parameters, reason for retreats, scheduling

workshop, and maintaining transparency.

Ms. Slayton spoke to the legalities of the retreat being a workshop, Commission Policy

No. 2021-05 regarding Commission meeting schedules, notices, and agendas, and

amending the Policy.

motion was made by Commissioner McDowell to direct the City Attorney to

complete the process and all paperwork necessary to seek the Attorney General's

opinion relating to Commission retreats as it relates to Florida Statutes Chapter 286

commonly referred to as the "Florida Open Meeting Law" as soon as possible. The

motion failed for lack of second.

Discussion took place regarding scheduling a workshop or future agenda item.

Ms. Slayton spoke to the legalities of agenda item criteria and placing higher standards

on retreats.

22-2838

Discussion and Possible Action Regarding Expediting the Inclusion of a

Property Standards Section in the Unified Land Development Code to

Establish an Enforcement Mechanism for the Maintenance of Privately

Owned Infrastructure to Include but Not Limited to Roads, Walls, and Stop

Signs.

Mayor Emrich announced the item.

Mr. Fletcher introduced the item.

Commissioner McDowell spoke to the item.

Commission questions took place regarding including landscape maintenance in the

section.

Ms. Bellia answered questions regarding updating the Unified Land Development Code

(ULDC), and spoke to staff's recommendation for the inclusion of residential and

non-residential property maintenance standards in the ULDC.

Ms. Ray answered questions regarding the ULDC coinciding with City Code in relation to

property maintenance standards.

Commission questions and discussion ensued regarding citing non-residential properties

for violating property standards, repercussions for property owners failing to maintain

stormwater ponds, pond inspections, rectifying Chapter 59 in the City Code and ULDC,

timeline for updating the property maintenance standards, International Property

Maintenance Code for commercial properties, and staff's diligence on preparing the ULDC

rewrite.

There was no public comment.

Ms. Ray spoke to providing finalized timelines, applications, and processes and

approximation for a first reading Ordinance after the August break.

There was consensus to direct staff to bring back a first reading of the International

Property Maintenance Code and anything else staff deems appropriate to be placed

in the first reading after the August break.

22-2916

Discussion and Possible Action Regarding Designation of

Voting

Delegate for the Annual Business Session of the Annual Florida League of

Cities Conference

Mayor Emrich announced the item.

Mr. Fletcher introduced the item.

Discussion took place regarding voting delegate protocol.

There was no public comment.

motion was made by Commissioner McDowell, seconded by Commissioner

Luke, to nominate Mayor Emrich as the voting delegate for the Annual Business

Session of the Annual Florida League of Cities Conference. The motion carried on

the following vote:

5 -

Yes:

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

Commissioner McDowell

22-2921

Discussion and Possible Action Regarding the Approval of the 2022

Strategic Plan Pillars and Priorities.

Mayor Emrich announced the item.

Mr. Fletcher introduced the item.

Discussion took place regarding including unranked priorities and Commissioner

recommendations for priorities and indicators.

There was consensus to add "and include Activity Center 6 in the urban service

boundary" in Priority 4, page 8, through a Comprehensive Plan change.

Ms. Wisner spoke to the differences between a trail access and a trailhead.

Discussion took place regarding changing the date of the ULDC update to October 2023

in Indicator 9.1 on page 9.

There was no public comment.

motion was made by Commissioner McDowell, seconded by Commissioner

Luke, to approve the North Port Strategic Vision Plan for years 2022-2025 outlining

the vision statement, mission statement, organizational values, pillars, and

priorities of each pillar, including the consensus given. The motion carried on the

following vote:

5 -

Yes:

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

Commissioner McDowell

8. PUBLIC COMMENT:

There was no public comment.

9. COMMISSION COMMUNICATIONS:

Mayor Emrich's Report

Mayor Emrich had nothing to report.

Vice Mayor Langdon's Report

Vice Mayor Langdon reported on events and meetings attended.

Commissioner Luke's Report

Commissioner Luke reported on events and meetings attended.

Commissioner McDowell's Report

Commissioner McDowell reported on events and meetings attended.

Commissioner White's Report

Commissioner White reported on events and meetings attended.

10. ADMINISTRATIVE AND LEGAL REPORTS:

22-2802

22-2857

22-2922

City Manager Report

Mr. Fletcher had nothing to report.

City Attorney Report

Ms. Slayton had nothing to report.

City Clerk Monthly Status Report

Ms. Jianelli had nothing to report.

11. ADJOURNMENT:

Mayor Emrich adjourned the meeting at 9:37 p.m.

City of North Port, Florida

By: ___________________________________________

Pete Emrich, Mayor