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BCC-Regular February 21, 2024 09:00 a.m. MINUTES BOARD OF COUNTY COMMISSIONERS SARASOTA COUNTY ADMINISTRATION CENTER 1660 RINGLING BOULEVARD COMMISSION CHAMBER SARASOTA, FLORIDA Michael A. Moran, Chair, District 1 Joe Neunder, Vice Chari, District 4 Mark Smith, District 2 Neil Rainford, District 3 Ron Cutsinger, District 5 Also present were: Jonathan Lewis, County Administrator Steven Botelho, Deputy County Administrator Joshua Moye, County Attorney Nicole Jovanovski, Clerk of the Circuit Court and County Comptroller Director of Finance Katrina Johnson, Deputy Clerk Celina Klineschmidt, Deputy Clerk (09:01 a.m.) INVOCATION Health and Human Services Manager Kimberly Kutch (09:01 a.m.) PLEDGE OF ALLEGIANCE Jasmine Reid, Corporal, United States Marine Corps (09:02 a.m.) PROCLAMATION: Two Generation Summit Day (09:05 a.m.) RECOGNITION: Recognition of Dr. Frank Cassell - Preserving Local History (09:11 a.m.) 1. OPEN TO THE PUBLIC Lourdes Ramirez commented on Protect Siesta Key. Ann Hall commented on Library Services. Joe Gilberti commented on primary water supply. Shawn Wilson, Jon Thaxton, Scott Eller commented on Blue CASL Tamiami, LLC. (See Item 27 later this meeting.) Stephen Rees and Charlie Bailey commented on proposed Amendments to the Unified Development Code. (See Item 28 later this meeting.) Becky Ayech commented on recognition of Dr. Frank Cassell, historical markers, and a temporary light at Lorraine Road. Jono Miller commented on the Myakka River Area Variance request. (See Item 30 later this meeting.) Joe Hewes commented on commercial water-based charter boat operators using County boat ramps. (See Item 7 later this meeting.) Items submitted: Copies of documents entitled "In The Circuit Court of the 12th Judicial Circuit in and for Sarasota County, Florida", and "Free Primary Spring Water Bills to TAPS of 1/5 Million Residents in Palm Beach County Florida", and a copy of correspondence 09:44 a.m. Board Action: Requested a verbatim transcription of the public comments made by a presenter during the Open to the Public Segment. Requested by Neunder, without objection. CONSENT SECTION: 09:45 a.m. Board Action: Approved Items 2-24, as follows. Moved by Neunder, seconded by Cutsinger, carried by a 5-0 vote. 2. COMMISSION SERVICES Ratified the previously issued Proclamation for National Engineers Week. 3. HEALTH AND HUMAN SERVICES Approved Contract No. 2024-194, and authorized the execution of an Agreement Releasing Lien from Agreement for Lien and Application for County Hospital Care Assistance for the property located at 2679 Woodgate Lane C-7, Sarasota. 4. HUMAN RESOURCES Approved a Workers Compensation lump sum settlement in the amount of $40,000.00 in the case of former employee Stacy Brandau, for an injury claim that occurred on March 24, 2014. 5. LIBRARIES AND HISTORICAL RESOURCES Approved and authorized the County Administrator, or Designee, to execute a Purchase Agreement with Innovative Interfaces, Inc., for Integrated Library System software and implementation services for a period of five years, in a total amount not-to-exceed $1,245,882.58. 6. OFFICE OF FINANCIAL MANAGEMENT A. Approved Contract No. 2024-195, an Amendment to a Subrecipient Agreement with Suncoast Partnership to End Homelessness, Inc., Contract No. 2023-088, for emergency (non-congregate) shelter to backdate the effective date of the Agreement to August 31, 2022; B. Approved Contract No. 2024-196, an Amendment to a Subrecipient Agreement with Suncoast Partnership to End Homelessness, Inc., Contract No. 2023-089, for rapid re-housing to backdate the effective date of the Agreement to August 31, 2022. 7. PARKS, RECREATION AND NATURAL RESOURCES Adopted Resolution No. 2024-026, establishing the Task Force for Commercial Water-based Charter Boat and Tour Operators. (See Item 1 earlier this meeting.) 8. PLANNING AND DEVELOPMENT SERVICES Ratified the adoption of Ordinance No. 2023-067 (Unified Development Code Amendment No. 2023-13), relating to Transient Accommodations to correct a scrivener's error. 9. PLANNING AND DEVELOPMENT SERVICES Adopted Resolution No. 2024-027, establishing a time and place for a public hearing to consider Street Vacation Petition No. SV23-31 to vacate, abandon and discontinue Sarasota County's interest in a portion of an unimproved public right-of-way, Shipley Avenue, Sarasota, located between DeSoto Road to the north and Sacramento Street to the south. 10. PLANNING AND DEVELOPMENT SERVICES Waived the term limit set forth in Resolution No. 2022-247, and appointed Richard Appell to serve a three-year term on the Mechanical Contractors Licensing and Examining Board as a Citizen Representative, effective through February 2027. 11. PLANNING AND DEVELOPMENT SERVICES Appointed Sarah Chaffee to serve an unexpired three-year term on the Board of Zoning Appeals, effective through January 2026. 12. PUBLIC UTILITIES A. Adopted Resolution No. 2024-028, amending the Sarasota County Fiscal Year 2024-2028 Capital Improvement Program (CIP) (Resolution No. 2023-166), to modify the description and scope in CIP Project No. 88044 - Fruitville Water Reclamation Facility Demolition; B. Approved and authorized the County Administrator, or Designee, to execute Amendment No. 2 to County Contract No. 2016-315 with Brown and Caldwell (Corporation), for continuing professional consulting services related to engineering services - utilities, to memorialize the parties intent of making the term of the Contract coterminous with the completion date of Work Assignment No. 210271 for the demolition and restoration of the Fruitville Water Reclamation Facility and Tatum Ridge Golf Course (Tatum Ridge Reuse Ponds); C. Approved and authorized the County Administrator, or Designee, to execute Amendment No. 1 to Work Assignment No. 210271 to County Contract No. 2016-315 with Brown and Caldwell (Corporation), for the demolition and restoration of the Fruitville Water Reclamation Facility and Tatum Ridge Golf Course (Tatum Ridge Reuse Ponds), increasing the not to exceed amount from $398,060.00 to $414,060.00. 13. PUBLIC UTILITIES Considered a report on the Water and Sewer Advisory Council Annual Report. 14. PUBLIC WORKS Considered a report on the Stormwater Environmental Utility Advisory Committee Annual Report. 15. PUBLIC WORKS Reappointed Gray Lawry to serve a three-year term on the Waterways Advisory Council as an At-Large Representative, effective through February 2027. 16. PUBLIC WORKS Approved a Sovereignty Submerged Lands Easement with the Board of Trustees of the Internal Trust Fund of the State of Florida. 17. PUBLIC WORKS A. Approved Contract No. 2024-197, a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation Control Systems equipment for Honore Avenue from Richardson Road to Bee Ridge Road, in the amount of $380,959.00; B. Adopted Resolution No. 2024-029, authorizing execution and submittal of a Federally Funded Local Agency Program Agreement with the State of FDOT, for the purchase of Intelligent Transportation Systems equipment for Honore Avenue from Richardson Road to Bee Ridge Road from the Approved Products List Contract maintained by FDOT, in the amount of $380,959.00. 18. SHERIFF Approved expenditures from the Law Enforcement Forfeitures Fund in the amount of $5,000.00 to The Florida FBI National Academy Associates, Inc., for the support or operation of programs relating to drug treatment, drug abuse education, drug prevention, crime prevention and/or safe neighborhoods. 19. SHERIFF Approved expenditures from the Law Enforcement Forfeitures Fund in the amount of $2,500.00 to Teen Court of Sarasota, Inc., for the support or operation of programs relating to drug treatment, drug abuse education, drug prevention, crime prevention and/or safe neighborhoods. 20. SHERIFF Approved expenditures from the Law Enforcement Forfeitures Fund in the amount of $2,500.00 to Lightshare Behavioral Wellness and Recovery for the support or operation of programs relating to drug treatment, drug abuse education, drug prevention, crime prevention and/or safe neighborhoods. 21. SHERIFF Approved expenditures from the Law Enforcement Forfeitures Fund in the amount of $10,000.00 to Crime Stoppers of Sarasota County, for the support or operation of programs relating to drug treatment, drug abuse education, drug prevention, crime prevention and/or safe neighborhoods. 22. TRANSIT A. Declared the identified tangible personal property as surplus property, authorized the disposal of the surplus property, and to move the surplus property to a disposed of status; B. Authorized the disposal of two 2015 Ford F-350 Dump Trucks. 23. CLERK OF THE CIRCUIT COURT AND COUNTY COMPTROLLER Ratified and approved the Warrants dated January 15 through February 2, 2024 in the amount of $63,667,492.34, as detailed in the voucher packages filed in the Finance Department. 24. CLERK OF THE CIRCUIT COURT AND COUNTY COMPTROLLER Approved the Minutes of the meetings dated January 19 and January 30, 2024. DISCUSSION SECTION: (09:45 a.m.) 25. PARKS, RECREATION AND NATURAL RESOURCES The Board considered a presentation of the 2023 Parks Advisory and Recreation Council Annual Report. Staff Presenter: Parks, Recreation and Natural Resources Director Nicole Rissler Public Presenter: Michelle Stanley (09:49 a.m.) 26. PARKS, RECREATION AND NATURAL RESOURCES The Board considered a presentation of Visit Sarasota County Fiscal Year (FY) 2023 Annual Report and status update of FY 2024. Staff Presenter: Parks, Recreation and Natural Resources Director Nicole Rissler Public Presenters: Eric Duggan, Kelly Defebo, and Pete Harvey RECESS: 10:25 a.m. - 10:41 a.m. (10:41 a.m.) 27. PLANNING AND DEVELOPMENT SERVICES The Board considered a request by Blue CASL Tamiami, LLC, to extend the closing date of Contract No. 2022-213 to August 15, 2024, for the sale of a County property previously declared surplus, located at 4644 North Tamiami Trail, Sarasota. Staff Presenters: Planning and Development Services Director Matthew Osterhoudt, County Administrator Jonathan Lewis, and County Attorney Joshua Moye Public Presenters: Shawn Wilson and Scott Eller Item submitted: A copy of correspondence Chair Moran passed the gavel to Commissioner Neunder. 11:39 a.m. Board Action: Approved a request by Blue CASL Tamiami, LLC, to extend the closing date of Contract No. 2022-213, as amended this date, to March 21, 2024, at 5:00 p.m. Eastern Standard Time, with additional language to be determined by the County Attorney, in regards to the Contract not performing as outlined, with a personal guarantee of payment by the officers of the contract of any unused Federal funds up to the full $4,200,000.00. Moved by Moran, seconded by Rainford, carried by a 5-0 vote. Commissioner Neunder passed the gavel to Chair Moran. (See Item 1 earlier this meeting.) (11:46 a.m.) 28. PLANNING AND DEVELOPMENT SERVICES A. The Board considered authorizing the processing of seven publicly-initiated Amendments and two privately-initiated Amendments to the Unified Development Code (UDC) that have been identified by Staff to be processed as In-Cycle 7 Amendments; B. The Board considered waiving the requirement to have Planning Commission first consider the Ordinances related to Cycle 7 UDC Amendments. Staff Presenters: Planning and Development Service Planner James Ehrmann and County Attorney Joshua Moye Item submitted: A copy of spreadsheets 11:54 a.m. Board Action: Authorized the processing of seven publicly-initiated Amendments and two privately-initiated Amendments to the UDC that have been identified by Staff to be processed as In-Cycle 7 Amendments. Moved by Rainford, seconded by Cutsinger, carried by a 5-0 vote. (See Item 1 earlier this meeting.) RECESS: 11:55 a.m. - 1:00 p.m. PUBLIC HEARINGS: PUBLIC HEARINGS - PRESENTATIONS UPON REQUEST: (01:01 p.m.) 29. PLANNING AND DEVELOPMENT SERVICES A. Public hearing to consider a proposed Resolution, transmitting Comprehensive Plan Amendment No. 2023-A, amending the Future Land Use Map designation on approximately 113.81 acres for property located at 2501 Dr. Martin Luther King Jr. Way, Sarasota, from Moderate Density Residential to High Density Residential, to the Florida Department of Economic Opportunity for review and comment; B. Public hearing to consider proposed Ordinance No. 2024-005, approving Midtown SRQ Development of Critical Concern (DOCC) for the development of 1,479 residential units and 20,000 square feet of commercial uses on approximately 113.81 acres for property located at 2501 Dr. Martin Luther King Jr. Way, Sarasota; C. Public hearing to consider proposed Ordinance No. 2024-006, approving Rezone Petition No. 23-22 for property located at 2501 Dr. Martin Luther King Jr. Way, Sarasota, from RSF-3 (Residential, Single-Family, 4.5 units/acre) and RSF-4 /PUD (Residential, Single-Family, 5.5 units/acre/Planned Unit Development) to RMF-3/PUD (Residential, Multi-Family 13 units/acre/Planned Unit Development). Staff Presenters: Planning and Development Services Planner Hannah Sowinski, Public Works Transportation Mobility Senior Technical Specialist Kwamena Sankah, and County Administrator Jonathan Lewis Public Presenters: William Merrill, Kelley Klepper, Juanita Cherry, Reneadre Mosley, and Jeremiah Parker 01:36 p.m. Board Action: Closed the public hearings. Closed by Moran, without objection. 01:37 p.m. Board Action: Adopted Resolution No. 2024-030. Moved by Cutsinger, seconded by Rainford, carried by a 5-0 vote. 01:37 p.m. Board Action: Adopted Ordinance No. 2024-005, approving Midtown SRQ DOCC. Moved by Cutsinger, seconded by Rainford, carried by a 5-0 vote. 01:37 p.m. Board Action: Adopted Ordinance No. 2024-006, approving Rezone Petition No. 23-22. Moved by Cutsinger, seconded by Rainford, carried by a 5-0 vote. 01:40 p.m. Board Action: Requested that the County Administrator provide to the Board an update on what opportunities exist for future parks and recreation actives in the Newtown area. Requested by Neunder, without objection. Note: Oath/Signature Cards Filed for Record. (01:42 p.m.) 30. PLANNING AND DEVELOPMENT SERVICES Public hearing to consider a proposed Resolution, relating to Myakka River Area Variance Request No. 2021-163022-RL for the proposed installation of two retaining walls and re-alignment of a driveway within the 50-foot River Area Buffer of the Myakka River Protection Zone at 3989 South Moon Drive, Venice. Staff Presenters: Planning and Development Services Environmental Protection Division Environmental Permitting Manager Howard Berna and County Attorney Joshua Moye Public Presenters: Jono Miller, Julie Morris, Mason Ward, Becky Ayech, Stacey Mazza-Gilkison, Sean Patton, Rob Patten, Glenn Compton, Ray Westbrook, Maynard Hiss, John Lambie, Susan Schoettle-Gumm, Joseph DiVito, Michael Delate, Mark Yavarone, and Mark Espinan Items submitted: Copies of e-mails, copies of correspondence, a thumb drive, and a copy of a packet entitled "Exhibits" 02:43 p.m. Board Action: Closed the public hearing. Closed by Moran, without objection. RECESS: 2:50 p.m. - 3:01 p.m. 03:02 p.m. Board Action: Approved the request for a continuance relating to Myakka River Area Variance Request No. 2021-163022-RL, to a date uncertain. Moved by Cutsinger, seconded by Neunder, carried by a 5-0 vote. Note: Oath/Signature Cards Filed for Record. (See Item 1 earlier this meeting.) (03:03 p.m.) 31. PARKS, RECREATION AND NATURAL RESOURCES Public hearing to consider a proposed Resolution, Budget Amendment No. B2024-019, amending the Fiscal Year 2024 Budget to appropriate the funding for the New Englewood Sports Complex Youth Ball Fields Shade Structures as part of Capital Improvement Program Project No. 93067 - Athletic Field Improvements Program, in the amount of $145,400.00. 03:04 p.m. Board Action: Closed the public hearing. Closed by Moran, without objection. 03:04 p.m. Board Action: Adopted Resolution No. 2024-031, Budget Amendment No. B2024-019. Moved by Cutsinger, seconded by Neunder, carried by a 5-0 vote. REPORTS SECTION: (03:05 p.m.) 32. CLERK OF THE CIRCUIT COURT AND COUNTY COMPTROLLER The Filed for Record List was filed. (03:05 p.m.) 33. COUNTY ADMINISTRATOR - No Items were presented. (03:05 p.m.) 34. COUNTY ATTORNEY A. The Board considered the request authorization to file a lawsuit against Christian Cassagnol for property damage; B. The Board considered the Final Plat approval for Sienna Park Townhomes at University, Phase 2. 03:06 p.m. Board Action: Authorized the County Attorney to file a lawsuit against Christian Cassagnol for property damage. Moved by Smith, seconded by Cutsinger, carried by a 5-0 vote. 03:06 p.m. Board Action: Approved the Final Plat for Sienna Park Townhomes at University, Phase 2. Moved by Smith, seconded by Cutsinger, carried by a 5-0 vote. (03:07 p.m.) 35. COMMISSIONER SMITH Commr. Smith commented on the Washington, D.C. National Association of Counties Legislative event. (03:08 p.m.) 36. COMMISSIONER RAINFORD The Board considered the Fiscal Year 2025 Health and Human Services Contract application process. Commr. Rainford commented on Meals for Wheels. Staff Presenter: County Administrator Jonathan Lewis 03:14 p.m. Board Action: Approved having a second mandatory meeting for Agencies that didn't attend the first meeting on the Health and Human Services contract application process. Moved by Smith, seconded by Rainford, carried by a 5-0 vote. (03:19 p.m.) 37. COMMISSIONER NEUNDER Commr. Neunder commented on reestablishing the historic tidal connection of Midnight Pass. (03:20 p.m.) 38. COMMISSIONER CUTSINGER Commr. Cutsinger commented on a proposal by Leadership Englewood 2024 and the North Manasota Key Association. Staff Presenter: County Administrator Jonathan Lewis 03:20 p.m. Board Action: Requested that the County Administrator work with Leadership Englewood 2024 on their First Responders Memorial Project and if there are any concerns, to bring it back to the Board. Requested by Cutsinger, without objection. 03:21 p.m. Board Action: Requested that the County Administrator work with North Manasota Key Association to facilitate the creation of a Neighborhood Improvement District. Requested by Cutsinger, without objection. (03:22 p.m.) 39. CHAIR MORAN - No Items were presented. (03:22 p.m.) 40. ADMINISTRATION The Board reviewed the Outstanding Board Assignments. (03:22 p.m.) 41. ADMINISTRATION The Board reviewed the Board Meeting Schedule. DISCUSSION SECTION: - (Continued) (03:22 p.m.) 42. PLANNING AND DEVELOPMENT SERVICES The Board considered providing policy guidance on the 2023 Strategic Plan Board Policy Agenda Item - Design Flood Elevation: Federal Emergency Management Agency (FEMA) Lowering Base Flood. Staff Presenter: Planning and Development Services Director Matthew Osterhoudt 03:36 p.m. Board Action: Tabled the 2023 Strategic Plan Board Policy Agenda Item - Design Flood Elevation: FEMA Lowering Base Flood, to such time as when the State Senate and the House Bills are completed. Moved by Smith, seconded by Neunder, carried by a 5-0 vote. (03:38 p.m.) 43. OFFICE OF FINANCIAL MANAGEMENT The Board considered approving the recommended eligibility and scoring criteria for the Resilient SRQ Multi-Family Affordable Housing Program. Staff Presenters: Office of Financial Management Program Management Division Manager Steve Hyatt, Office of Financial Management Manager II Laurel Varnell, and County Attorney Joshua Moye 04:09 p.m. Board Action: Approved the recommended eligibility and scoring criteria, as amended this date for the Resilient SRQ Multi-Family Affordable Housing Program. Moved by Rainford, seconded by Cutsinger, carried by a 5-0 vote. PUBLIC HEARINGS: - (Continued) PUBLIC HEARINGS - PRESENTATIONS SCHEDULED: (04:09 p.m.) 44. PLANNING AND DEVELOPMENT SERVICES Public hearing to consider a proposed Resolution, approving Special Exception Petition No. 1870 to allow a place of worship and rural retreat for property located at 6289 Verna Road, Myakka City. Staff Presenter: Planning and Development Services Planner Everett Farrell Public Presenters: Stephen Rees, Jane Grandbouche, Scott Proffitt, Fredy Ayech, Jessica Braemer, Susan Schoettle-Gumm, Becky Ayech, Jesse Hicks, Michelle Beaudon, Daniel Groff, and Luke Davis Items submitted: Copies of e-mails, copies of correspondence, and a copy of a presentation 05:16 p.m. Board Action: Closed the public hearing. Closed by Moran, without objection. 05:18 p.m. Board Action: Adopted Resolution No. 2024-032. Moved by Cutsinger, seconded by Rainford, carried by a 3-2 vote; Moran and Smith voted "No." Note: Oath/Signature Cards Filed for Record. (05:21 p.m.) 45. PLANNING AND DEVELOPMENT SERVICES Public hearing to consider a proposed Resolution, approving the boundary and scope of work for the Proctor Crossing Critical Area Plan No. 2023-01-SP located generally at the northwest quadrant of Proctor Road and Clark Road, Sarasota. Staff Presenter: Planning and Development Services Planner Keaton Osborn Public Presenters: Stephen Rees, Kelley Klepper, Joseph Herling, Ellen Barry, William Candy, Frank Konrad, Brian Humlicek, John Alexander, Stephen Schwalbe, and Stephen Schwark Items submitted: Copies of e-mails, copies of correspondence, and a copy of a presentation 06:28 p.m. Board Action: Closed the public hearing. Closed by Moran, without objection. 06:28 p.m. Board Action: Denied a proposed Resolution, regarding CAP No. 2023-01-SP. Moved by Rainford, seconded by Smith, carried by a 5-0 vote. Note: Oath/Signature Cards Filed for Record. (06:34 p.m.) 46. OPEN TO THE PUBLIC - Opened and closed without comment. (06:34 p.m.) 47. OTHER BUSINESS - No Items were presented. MEETING ADJOURNED: 6:34 p.m. MINUTES APPROVED: _______________ ______________________________ Chair