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City Commission Regular Meeting

September 24, 2024 ·6:00 PM Final

City Commission Chambers

Agenda — 90 items

  1. 1 PUBLIC COMMENT: Properly submitted comments will be accepted and included in the official record of the meeting pursuant to City Commission Policy No. 2020-04 . Any comment received that does not meet the public comment timing and requirements will be rejected and will not be included in the official record of the meeting. PLEASE NOTE: Those wishing to provide public comment on quasi-judicial agenda items must appear before the City Commission to give testimony under oath. Public comment may be submitted in the following ways: In Person Attendance: Submit a comment card to the City Clerk. Comment cards with completed information may be submitted until the Mayor closes Public Comment for the agenda item. When recognized by the Mayor, the Commenter will approach the podium. Public Comment is limited to three (3) minutes per person. Online: Submit a written eComment using the eComment link at cityofnorthport.legistar.com/Calendar. The link will be available online at 8:00 a.m. the day before the meeting until one hour prior to the start of the meeting. Your public comment is limited to 2,000 characters. PLEASE NOTE: Online public comment cannot be considered as the basis for a quasi-judicial decision and will be read into the record under general public comment. Voice Mail Message: Leave a voice mail message via telephone at 941-429-1032. Voice Mail messages will be accepted the day before the meeting from 8:00 a.m. until one hour prior to the start of the meeting. Please provide information as listed in the City’s outgoing message. The message must not exceed two minutes, fifteen seconds. Voice messages will be forwarded to Commission and played into the record. PLEASE NOTE: Comments provided via voice mail cannot be considered as the basis for a quasi-judicial decision and will be played into the record under general public comment. Florida’s Sunshine Law requires the Commission to discuss this Agenda only in open session. The Commissioners cannot discuss these items with each other before this meeting is called to order. The Commissioners, individually, can however, discuss any item with concerned citizens and staff in preparation for the meeting.
  2. 2 CALL TO ORDER ▶ jump to 1:09
  3. 3 ROLL CALL ▶ jump to 1:15
  4. 3 Also Present: ▶ jump to 1:15
  5. 4 PLEDGE OF ALLEGIANCE ▶ jump to 1:31
  6. 1. APPROVAL OF AGENDA approved Pass ▶ jump to 2:02
  7. 2. PRESENTATIONS: TIME LIMIT OF 15 MINUTES
  8. A. Sarasota County Commissioner Ron Cutsinger Update to the North Port City Commission. 24-1392 ▶ jump to 3:44
  9. 3. PUBLIC COMMENT: ▶ jump to 14:03
  10. 9 (The purpose of the Public Comments Section of the Agenda is for members of the public to speak to the City Commission/District Governing Body on any subject pertaining to City Business whether or not it is on the Agenda, with the exception of Quasi-Judicial Items. The City Commission shall not act, except to direct the City Manager to take action or to schedule the matter for discussion at a later date.)
  11. 4. ANNOUNCEMENTS
  12. A. Announcement of Current Advisory Board and Committee Vacancies 24-0218 ▶ jump to 20:57
  13. 5. CONSENT AGENDA: approved Pass ▶ jump to 21:48
  14. 13 (All matters under the Consent Agenda are considered by the City Commission to be routine and will be enacted by one motion. Any City Commission member may, however, remove an item from the Consent Agenda by request. Items removed for separate discussion will be considered after the motion to approve the Consent Agenda.)
  15. A. Approve Renewal of Property and Casualty, Accidental Dismemberment (AD&D) Insurance With Gehring Group a Risk Strategies Company for FIscal Year 2024-2025 in the Amount of $2,333,266. 24-1228 approved Pass ▶ jump to 22:54
  16. B. Approve the Public Emergency Medical Transport (PEMT) Letter of Agreement with the Agency for Health Care Administration (ACHA) in the Amount of $202,613.16 24-1352 approved on consent
  17. C. Approve the First Amendment to the Software as a Service Agreement Between Tyler Technologies Inc., and the City of North Port in the Amount of $2,988.00 for the Use of Tyler Payments for Invoicing and Billing through the MobileEyes System for Business Related Inspections by the Fire Rescue Department. 24-1353 approved on consent
  18. D. Approve the July 24, 2024 Commission Special Meeting Minutes 24-1364 approved on consent
  19. E. Approve the July 25, 2024 Commission Special Meeting Minutes 24-1365 approved on consent
  20. F. Approve the December 7, 2023 Commission Regular Meeting Minutes 24-1366 approved on consent
  21. G. Approve the July 9, 2024 Commission Regular Meeting Minutes 24-1367 approved on consent
  22. H. Approve the June 25, 2024 Commission Regular Meeting Minutes 24-1368 approved on consent
  23. I. Approve the August 5, 2024 Commission Regular Meeting Minutes 24-1369 approved on consent
  24. J. Approve the Third Amendment to the Lease Agreement Between the City of North Port and North Port Senior Center for Space at the Community Education Center. 24-1371 approved on consent
  25. K. Approve the July 1, 2024 Commission Workshop Meeting Minutes 24-1387 approved on consent
  26. L. Approve the June 25, 2024 Commission Workshop Meeting Minutes 24-1388 approved on consent
  27. M. Approve the September 5, 2024 Commission Regular Meeting Minutes 24-1393 approved on consent
  28. N. Approve the Appointment of Walter Pawlowski as a Member of the Citizen Tax Oversight Committee, to Serve a Term from September 24, 2024, to September 24, 2027. 24-1396 approved on consent
  29. O. Approve the Appointment of Julia Fritz as a Member of the Art Advisory Board to Serve a Term From September 24, 2024, to September 24, 2027. 24-1397 approved on consent
  30. P. Approve the Appointment of Ed James as a Member of the Charter Review Advisory Board, to Serve a Term from September 24, 2024, to September 24, 2027. 24-1398 approved on consent
  31. Q. Approve the Appointment of David Frattallone as a Member of the Environmental Advisory Board, to Serve a Term from September 24, 2024, to September 24, 2027. 24-1399 approved on consent
  32. R. Approve and Authorize the City Manager to Execute the Assignment, Assumption, and Second Amendment of Investment Advisory Agreement with PFM Asset Management, LLC to its Parent, U.S. Bancorp Asset Management, Inc. and the Consent Form to Transfer From PFM Asset Management, LLC to its Parent, U.S. Bancorp Asset Management, Inc. 24-1170 approved on consent
  33. S. Approve Renewal of Florida Firefighter Cancer and Death Benefit Insurance Services With United Badges Insurance Services and the City of North Port for Fiscal Year 2024-2025 and Funding Fifty Percent of the Contract From City Funds in the Amount of in the Amount of $22,204.50. 24-1229 approved on consent
  34. T. Approve Amendment No. 2 to Work Assignment 2022-18PW.01 for Assistance with FEMA Reimbursement and Other Grants Management Services After Hurricane Ian with Rostan Solutions, LLC., for an Additional Amount of $1,000,000 for a Total Cost of $4,000,000. 24-0812 approved on consent
  35. 6. GENERAL BUSINESS:
  36. 34 Discussion and Possible Action Regarding the Recruitment, Qualifications and Salary Parameters for the New City Attorney Executive Search. 24-1419 approved Pass ▶ jump to 28:39
  37. A. Discussion and Possible Action Regarding Technical Memorandum for Fiscal Year 2025 Water and Wastewater User Rates, a High-Level Revenue Sufficiency Analysis Presented by GovRates, Inc. 24-1383 approved Pass ▶ jump to 100:53
  38. 35 Discussion and Possible Action Regarding the Recruitment, Qualifications and Salary Parameters for the New City Attorney Executive Search. 24-1419 approved Pass ▶ jump to 28:39
  39. 7. PUBLIC HEARINGS:
  40. 36 Discussion and Possible Action Regarding the Recruitment, Qualifications and Salary Parameters for the New City Attorney Executive Search. 24-1419 ▶ jump to 28:39
  41. 37 RESOLUTION:
  42. A. Resolution of the City Commission of the City of North Port, Florida, Adopting the Annual Utility Rate Schedule for Private Fire Protection Services, the Annual Utility Rate Schedule for Water and Wastewater Guaranteed Revenue Charges, the Utility Rate Schedule for Reclaimed Water, the Water and Wastewater System Base Facility Charge, the Water System Rate Schedule for Water Usage Volume, the Water System Rate Schedule for Bulk Water, the Wastewater System Rate Schedule for Usage, the Wastewater System Flat Rate Schedule, the Water and Wastewater System Deposit Fee Schedule; Adopting Automatic Rate Increases; Providing for Incorporation of Recitals; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. RES. NO. 2024-R-58 ▶ jump to 148:52
  43. 39 ORDINANCE - SECOND READINGS:
  44. B. An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Appendix A – City Fee Structure; Amending City-Wide Fees, Development Services Fees, Fire Rescue District Fees, Police Fees, Parks and Recreation Fees, Solid Waste Fees, Utilities Fees, Road and Drainage District Fees, and Social Services Fees; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date. ORD. NO. 2024-34 adopted Pass ▶ jump to 166:10
  45. C. An Ordinance of the City of North Port, Florida, Updating References to the City Fee Schedule Throughout the Code of the City of North Port, Florida and Unified Land Development Code; Removing References to Specific Dollar Amounts for Fees in Article IX, Code Enforcement, of Chapter 2, Administration, and Article IV, Abandoned Property, of Chapter 42, Nuisances, of the Code of the City of North Port, Florida; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date. ORD. NO. 2024-33 adopted Pass ▶ jump to 170:04
  46. 41 Resolution of the City Commission of the City of North Port, Florida, Adopting the Annual Utility Rate Schedule for Private Fire Protection Services, the Annual Utility Rate Schedule for Water and Wastewater Guaranteed Revenue Charges, the Utility Rate Schedule for Reclaimed Water, the Water and Wastewater System Base Facility Charge, the Water System Rate Schedule for Water Usage Volume, the Water System Rate Schedule for Bulk Water, the Wastewater System Rate Schedule for Usage, the Wastewater System Flat Rate Schedule, the Water and Wastewater System Deposit Fee Schedule; Adopting Automatic Rate Increases; Providing for Incorporation of Recitals; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. RES. NO. 2024-R-58 adopted Pass ▶ jump to 148:52
  47. D. An Ordinance of the City of North Port, Florida, Adopted as a Curative Law to Ratify, Validate, and Confirm all Resolutions that Adopted or Amended the City's Non-District Budget and/or the Capital Improvement Budget for Fiscal Years 2021-2022, 2022-2023, and 2023-24; Declaring the Resolutions and the Related Budgetary Actions to be Legal and Valid in all Respects; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Retroactive Application to the Effective Dates of the Referenced Resolutions; and Providing an Effective Date. ORD. NO. 2024-35 adopted Pass ▶ jump to 172:03
  48. E. An Ordinance of the City of North Port, Florida, Amending the Non-District Budget and Capital Improvement Budget for Fiscal Year 2023-2024 for Hurricane Ian Repairs and Environmental Park Repairs in the Amount of $4,350,302; Providing for Findings; Providing for Posting; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. ORD. NO. 2024-36 adopted Pass ▶ jump to 173:48
  49. 44 ORDINANCE - FIRST READINGS:
  50. F. An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Appendix A-City Fee Schedule; Amending Development Services Fees, including Building, Development Review, Planning and Zoning, and Natural Resources Fees, to Correspond with the New Unified Land Development Code; Providing for Findings; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. ORD. NO. 2024-32 continued for second reading Pass ▶ jump to 175:38
  51. G. An Ordinance of the City of North Port, Florida, Adjusting the Base Salary Rate Formula; Amending the Code of the City of North Port, Florida, Section 2-23 - Declaration of Salary; Payment; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date. ORD. NO. 2024-39 continued for second reading Pass ▶ jump to 197:00
  52. H. An Emergency Ordinance Of The City Of North Port, Florida, Declaring A State Of Local Emergency Caused By The Threat Posed By Potential Tropical Cyclone Nine , Granting The City Manager Or Designee The Authority To Take Actions In Accordance With Florida Statutes Section 252.38(3)(A), And Suspending Standard Procedures And Formalities For Those Matters Identified In Florida Statutes Section 252.38(3)(A)5, Including But Not Limited To The Procurement Of Goods And Services Necessary To Address The Declared Emergency; Providing For Findings; Providing For Conflicts; Providing For Severability; Providing An Effective Date; And Providing For Duration. ORD. NO. 2024-40 adopted Pass ▶ jump to 246:57
  53. 48 GENERAL BUSINESS - CONTINUED:
  54. B. Discussion and Possible Action Regarding the Recruitment, Qualifications and Salary Parameters for the New City Attorney Executive Search. 24-1419 ▶ jump to 28:39
  55. 49 An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Appendix A-City Fee Schedule; Amending Development Services Fees, including Building, Development Review, Planning and Zoning, and Natural Resources Fees, to Correspond with the New Unified Land Development Code; Providing for Findings; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. ORD. NO. 2024-32 continued for second reading Pass ▶ jump to 175:38
  56. C. Discussion and Possible Action Regarding Advisory Board Recommendation Memorandums Including 1. Environmental Advisory Board - Trees for Carbon Sequestration 2. Parks & Recreation Advisory Board - Parks Master Plan Funding. 24-1394 no action was taken ▶ jump to 251:44
  57. 50 An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Appendix A-City Fee Schedule; Amending Development Services Fees, including Building, Development Review, Planning and Zoning, and Natural Resources Fees, to Correspond with the New Unified Land Development Code; Providing for Findings; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. ORD. NO. 2024-32 ▶ jump to 175:38
  58. D. Discussion and Possible Action Regarding Review and Possible Updates of City Commission Policy No. 2020-04 - Public Comment and City Commission Policy No. 2021-03 Rules of Order and Decorum. 24-1198 tabled ▶ jump to 256:23
  59. E. Discussion and Possible Action Regarding Review and Possible Updates of City Commission Policy No. 2021-05 - Commission Meeting Schedules, Notices, and Agendas. 24-1328 approved Pass ▶ jump to 290:10
  60. 52 An Ordinance of the City of North Port, Florida, Adjusting the Base Salary Rate Formula; Amending the Code of the City of North Port, Florida, Section 2-23 - Declaration of Salary; Payment; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date. ORD. NO. 2024-39 ▶ jump to 197:00
  61. F. Discussion and Possible Action to Cancel the City Commission Regular Meeting on December 5, 2024, and to Schedule a City Commission Special Meeting on December 9, 2024. 24-1359 approved Pass ▶ jump to 323:22
  62. 53 An Ordinance of the City of North Port, Florida, Adjusting the Base Salary Rate Formula; Amending the Code of the City of North Port, Florida, Section 2-23 - Declaration of Salary; Payment; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date. ORD. NO. 2024-39 ▶ jump to 197:00
  63. G. Discussion and Possible Action Regarding the City Manager's Annual Evaluation. 24-1389 approved Pass ▶ jump to 328:07
  64. 54 An Ordinance of the City of North Port, Florida, Adjusting the Base Salary Rate Formula; Amending the Code of the City of North Port, Florida, Section 2-23 - Declaration of Salary; Payment; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date. ORD. NO. 2024-39 continued for second reading Pass ▶ jump to 197:00
  65. H. Discussion and Possible Action to Approve the Fifth Amendment to Construction Manager at Risk Contract No. 2023-17.002 for Construction Services Contract, Phase II With Halfacre Construction Company in the Amount of $54,447.05, for Hurricane Ian Repairs at LaBrea Park. 24-1174 approved Pass ▶ jump to 374:38
  66. 55 An Ordinance of the City of North Port, Florida, Adjusting the Base Salary Rate Formula; Amending the Code of the City of North Port, Florida, Section 2-23 - Declaration of Salary; Payment; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date. ORD. NO. 2024-39 continued for second reading Pass ▶ jump to 197:00
  67. I. Discussion and Possible Action to Approve the Sixth Amendment to Construction Manager at Risk Contract No. 2023-17.002 for Construction Services Contract, Phase II With Halfacre Construction Company in the Amount of $35,946.68, for Hurricane Ian Repairs at Marina Park. 24-1176 approved Pass ▶ jump to 376:45
  68. J. Discussion and Possible Action to Approve the Seventh Amendment to Construction Manager at Risk Contract No. 2023-17.002 for Construction Services Contract, Phase II With Halfacre Construction Company in the Amount of $90,058.99, for Hurricane Ian Repairs at Highland Ridge Park. 24-1175 approved Pass ▶ jump to 378:11
  69. 8. PUBLIC COMMENT: ▶ jump to 379:36
  70. 59 (The purpose of the Public Comments Section of the Agenda is for members of the public to speak to the City Commission/District Governing Body on any subject pertaining to City Business whether or not it is on the Agenda, with the exception of Quasi-Judicial Items. The City Commission shall not act, except to direct the City Manager to take action or to schedule the matter for discussion at a later date.)
  71. 9. COMMISSION COMMUNICATIONS:
  72. 60 Discussion and Possible Action Regarding Review and Possible Updates of City Commission Policy No. 2020-04 - Public Comment and City Commission Policy No. 2021-03 Rules of Order and Decorum. 24-1198 approved Pass ▶ jump to 256:23
  73. A. Commissioner Emrich's Communications 24-0297 ▶ jump to 383:07
  74. 61 Discussion and Possible Action Regarding Review and Possible Updates of City Commission Policy No. 2020-04 - Public Comment and City Commission Policy No. 2021-03 Rules of Order and Decorum. 24-1198 denied Fail ▶ jump to 256:23
  75. B. Vice Mayor Stokes' Communications 24-1410 ▶ jump to 383:10
  76. 62 Discussion and Possible Action Regarding Review and Possible Updates of City Commission Policy No. 2020-04 - Public Comment and City Commission Policy No. 2021-03 Rules of Order and Decorum. 24-1198 ▶ jump to 256:23
  77. C. Mayor White's Communications 24-0316 ▶ jump to 383:14
  78. D. Commissioner Langdon's Communications 24-0246 ▶ jump to 383:21
  79. 64 Discussion and Possible Action Regarding Review and Possible Updates of City Commission Policy No. 2021-05 - Commission Meeting Schedules, Notices, and Agendas. 24-1328 approved Pass ▶ jump to 290:10
  80. E. Commissioner McDowell's Communications 24-0265 ▶ jump to 383:27
  81. 65 Discussion and Possible Action Regarding Review and Possible Updates of City Commission Policy No. 2021-05 - Commission Meeting Schedules, Notices, and Agendas. 24-1328 ▶ jump to 290:10
  82. 10. ADMINISTRATIVE AND LEGAL REPORTS:
  83. 66 Discussion and Possible Action Regarding Review and Possible Updates of City Commission Policy No. 2021-05 - Commission Meeting Schedules, Notices, and Agendas. 24-1328 denied Fail ▶ jump to 290:10
  84. A. City Clerk's Monthly Report 24-0231 ▶ jump to 383:30
  85. B. City Attorney's Monthly Report 24-1381 ▶ jump to 383:36
  86. 68 Discussion and Possible Action to Cancel the City Commission Regular Meeting on December 5, 2024, and to Schedule a City Commission Special Meeting on December 9, 2024. 24-1359 ▶ jump to 323:22
  87. C. City Manager's Monthly Report 24-1390 ▶ jump to 383:47
  88. 11. ADJOURNMENT: ▶ jump to 383:55
  89. 71 NOTICE OF AVAILABILITY OF REPORTS - The Agenda is a summary of the proposed actions to be taken by the City Commission. For almost every agenda item, the City staff has prepared materials for Commission consideration and provided a staff recommendation. All of these materials are available at the City Clerk's Office, during normal business hours, for inspection and (for a fee) copying. Questions on these materials may be directed to the staff member who prepared them, or to the City Clerk's Office, who will refer you to the appropriate person. AMERICAN WITH DISABILITIES ACT OF 1990 - The North Port City Hall is wheelchair accessible. Special parking is available on the west side of City Hall and the building may be accessed from the parking area. Persons with hearing difficulties should contact the City Clerk to obtain a hearing device for use during meetings. NONDISCRIMINATION: The City of North Port does not discriminate on the basis of race, color, national origin, sex, age, disability, family or religious status, marital status, sexual orientation, gender identity or expression, or physical characteristic in administration of its programs, activities or services. No stenographic record by a certified court reporter is made of these recordings. Accordingly, anyone seeking to appeal any of the decisions involving the matters herein will be responsible for making a verbatim record of the meeting/testimony and evidence upon which any appeal is to be based. Copies of the recordings are available (for a fee) at the City Clerk's Office.
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