April 9, 2024

09:00 a.m.

Sarasota County Area Transit Director Jane Grogg

James Duncan, Yeoman First Class, United States Navy

National Public Safety Telecommunicators Week
National Library Week
National Crime Victims' Rights Week

Steve Carr commented on maintenance of Curry Creek. (See Item 40 later this meeting.) Barbara Logan commented on the Suncoast 211 referral service. (See Item 43 later this meeting.) Chris Johnson commented on the United Way S.H.I.E.L.D. Program.

09:27 a.m. Board Action:  Approved Items 2-28, as follows. Moved by Cutsinger, seconded by Smith, carried by a 5-0 vote.

A.

Approved Contract No. 2024-245, with the Child Protection Center, Inc., related to initial forensic examinations commencing October 1, 2023 through September 30, 2026;

B.

Authorized the County Administrator, or Designee, to approve and execute any Amendments or ancillary documents pertaining to the executed Agreement between Sarasota County Government and the Child Protection Center, Inc., through September 30, 2026.

A.

Approved Contract No. 2024-246, a Subrecipient Agreement with the City of North Port for Social Services Case Management from October 1, 2023 through September 30, 2024 in the amount of $55,000.00;

B.

Authorized the County Administrator, or Designee, to approve Amendments, extensions, and ancillary documents to the Subrecipient Agreement that do not increase the awarded amount.

A.

Appointed Jaclyn Rios to serve an unexpired three-year term on the Public Facilities Financing Advisory Board, as a Financial Professional Representative, effective through February 2025;

B.

Reappointed Roland Piccone to serve an expired three-year term on the Public Facilities Financing Advisory Board, as a Building and Construction Representative, effective through February 2027.

A.

Adopted Resolution No. 2024-052, amending the Fiscal Year (FY) 2024-2028 Capital Improvement Program (CIP) (Resolution No. 2023-166) to add the Talon Preserve Reclaimed Water Improvements as Project No. 88124;

B.

Adopted Resolution No. 2024-053, Budget Amendment No. B2024-023, amending the FY 2024 Budget to appropriate funding to CIP Project No. 88124 - Talon Preserve Reclaimed Water Improvements, in the amount of $580,000.00;

C.

Approved Contract No. 2024-249, a Utility Agreement with DiVosta Homes, LP, a Delaware Limited Partnership, registered to do business in Florida, for utility system improvements and the provision of utility service for the Talon Preserve Development and to authorize the County Administrator, or Designee, to approve reimbursement in an amount not-to-exceed $580,000.00 for costs related to oversizing and constructing certain utility system improvements.

A.

Adopted Resolution No. 2024-056, Budget Amendment No. B2024-030, amending the Fiscal Year 2024 Budget to appropriate funding for the Enhanced Mobility of Seniors and Individuals with Disabilities Program in the amount of $1,475,341.00;

B.

Adopted Resolution No. 2024-057, authorizing the Chair, Vice Chair, County Administrator, or the County Administrator's Designee, to execute and submit the Section 5310 Capital Public Transportation Grant Agreement, Financial Management Numbers 451142-1-94-21 and 451142-1-94-22, and the Standard Lobbying Certification Form to the Florida Department of Transportation (FDOT);

C.

Approved Contract No. 2024-254, the Section 5310 Capital Grant Public Transportation Grant Agreement with the FDOT, for the Enhanced Mobility of Seniors and Individuals with Disabilities to purchase replacement paratransit buses, in the amount not-to-exceed $1,639,268.00.

Staff Presenters:  Sarasota County Area Transit Director Jane Grogg and County Administrator Jonathan Lewis

Chair Moran recessed the Board of County Commissioners (BCC) and convened as the SCTA.

09:46 a.m. Board Action:  Adopted Resolution No. 2024-058. Moved by Cutsinger, seconded by Neunder, carried by a 5-0 vote.

09:49 a.m. Board Action:  Requested that the County Administrator collaborate with Manatee County relating to a subarea apportionment plan for distribution of Federal Transit Administration formula funding and report back to the Board within the next 30 days. Moved by Cutsinger, seconded by Neunder, carried by a 5-0 vote.

Chair Moran recessed the SCTA and reconvened as the BCC.

Staff Presenter:  Public Works Director Spencer Anderson

A.

Public hearing to consider proposed Ordinance No. 2024-011, approving Small Area Comprehensive Plan Amendment (CPA) No. 2023-04 amending the Future Land Use Map for property located east of Twin Laurel Boulevard and north of Laurel Road, Venice, from Moderate Density Residential to Commercial Highway Interchange;

B.

The Board took no action on the Land Development Regulation Commission (LDRC) to find Ordinance No. 2024-012 to be consistent with the Comprehensive Plan. (Must be done prior to the adoption of C.);

C.

The Board took no action on proposed Ordinance No. 2024-012, approving Critical Area Plan (CAP) Amendment 86-01-SP-2023 (I-75 Corridor Plan) adopted by Ordinance No. 89-35 (as amended), for property east of Twin Laurel Boulevard and north of Laurel Road, Venice;

D.

The Board took no action on proposed Ordinance No. 2024-013, approving Rezone Petition No. 23-24 for property located east of Twin Laurel Boulevard and north of Laurel Road, Venice, from Open Use Estate, 1 unit/5 acres (OUE-1) to Commercial Highway Interchange (CHI) zone district;

E.

The Board took no action on a proposed Resolution, approving Special Exception No. 1877 to allow height of up to 65 feet for property located east of Twin Laurel Boulevard and north of Laurel Road, Venice, in the CHI zone district.

Staff Presenters:  Planning and Development Services Planner Everett Farrell and County Attorney Joshua Moye

Public Presenter:  Brian Lichterman

10:09 a.m. Board Action:  Closed the public hearing. Closed by Moran, without objection.

10:09 a.m. Board Action:  Denied proposed Ordinance No. 2024-011. Moved by Rainford, seconded by Neunder, carried by a 5-0 vote.

Note:  Oath/Signature Cards Filed for Record.

10:12 a.m. Board Action:  Closed the public hearing. Closed by Moran, without objection.

10:12 a.m. Board Action:  Adopted Resolution No. 2024-059. Moved by Cutsinger, seconded by Rainford, carried by a 5-0 vote.

Item submitted:  A copy of an e-mail

10:13 a.m. Board Action:  Closed the public hearing. Closed by Moran, without objection.

10:13 a.m. Board Action:  Adopted Ordinance No. 2024-009. Moved by Smith, seconded by Cutsinger, carried by a 5-0 vote.

A.

Public hearing to consider a proposed Resolution, Budget Amendment No. B2024-026, amending the Fiscal Year 2024 Budget to appropriate funding to Capital Improvement Program Project No. 93109 - City of Venice Hecksher Park Pickleball Courts in the amount of $200,000.00;

B.

(Not a public hearing.) The Board considered approving the amended Locally Funded Agreement with the City of Venice, Contract No. 2022-142, for use of park impact fees for the design and construction of pickleball courts at Hecksher Park in the amount of $200,000.00.

Staff Presenter:  Parks, Recreation and Natural Resources Director Nicole Rissler

10:17 a.m. Board Action:  Denied a proposed Resolution, Budget Amendment No. B2024-026. Moved by Neunder, seconded by Rainford, carried by a 4-1 vote; Smith voted "No."

10:17 a.m. Board Action:  Denied an amended Locally Funded Agreement with the City of Venice. Moved by Neunder, seconded by Rainford, carried by a 4-1 vote; Smith voted "No."

A.

Public hearing to consider proposed Ordinance No. 2024-002, approving Critical Area Plan (CAP) Amendment No. 95-01-SP-2023 for property located south of Dearborn Street and west of West Green Street, Englewood, from Commercial to Central Business;

B.

(Not a public hearing.) Land Development Regulation Commission (LDRC) to find Ordinance No. 2024-002 to be consistent with the Comprehensive Plan. (Must be done prior to the adoption of A.);

C.

Public hearing to consider proposed Ordinance No. 2024-003, approving Rezone Petition No. 23-02 for property located at 599 West Dearborn Street, Englewood, from CN (Commercial Neighborhood), RSF-3 (Residential, Single-Family, 4.5 units/acre), and RSF-3/RCTOD (Residential, Single-Family, 4.5 units/acre/Residential Commercial Transition Overlay District) to CG/MSOD (Commercial, General/Main Street Overlay District);

D.

Public hearing to consider a proposed Resolution, approving Special Exception Petition No. 1868 to allow freestanding residential buildings in the proposed CG/MSOD zone district on approximately 2.47 acres of property located at 599 West Dearborn Street, Englewood, and to allow commercial parking (valet) on approximately 0.42 acres located at 51 Old Englewood Road, Englewood in the RMF-1/RCTOD (Residential, Multi-Family, 6 units/acre, Residential Commercial Transition Overlay District) zone district.

Staff Presenters:  County Attorney Joshua Moye and Planning and Development Services Planner Everett Farrell

Public Presenters:  William Merrill, Kelley Klepper, Heather Hooper, Julie Dickerson, Taylor Meals, Joyce Colmar, and Kenneth Kayser

Items submitted:  Copies of e-mails and a copy of proposed amended Ordinance No. 2024-003

11:45 a.m. Board Action:  Closed the public hearings. Closed by Moran, without objection.

Chair Moran recessed the Board of County Commissioners (BCC) and convened as the LDRC.

11:45 a.m. Board Action:  Found proposed Ordinance No. 2024-002 to be consistent with the Comprehensive Plan. Moved by Cutsinger, seconded by Rainford, carried by a 5-0 vote.

Chair Moran adjourned the LDRC and reconvened as the BCC.

11:46 a.m. Board Action:  Adopted Ordinance No. 2024-002, approving CAP Amendment No. 95-01-SP-2023. Moved by Cutsinger, seconded by Rainford, carried by a 5-0 vote.

11:46 a.m. Board Action:  Adopted Ordinance No. 2024-003, as amended this date, approving Rezone Petition No. 23-02. Moved by Cutsinger, seconded by Rainford, carried by a 5-0 vote.

11:46 a.m. Board Action:  Adopted Resolution No. 2024-060, approving Special Exception Petition No. 1868. Moved by Cutsinger, seconded by Rainford, carried by a 5-0 vote.

Note:  Oath/Signature Cards Filed for Record.

A.

The Board considered the Final Plat approval for Waterside Neighborhood 8, Unit 3;

B.

The Board considered the Final Plat approval for Shellstone at Waterside, Phase 1B.

11:52 a.m. Board Action:  Approved the Final Plat for Waterside Neighborhood 8, Unit 3. Moved by Smith, seconded by Neunder, carried by a 5-0 vote.

11:52 a.m. Board Action:  Approved the Final Plat for Shellstone at Waterside, Phase 1B. Moved by Smith, seconded by Neunder, carried by a 5-0 vote.

Item submitted:  A copy of a letter of support for the Florida Museum of Black History

11:53 a.m. Board Action:  Noted consensus by Chair Moran to authorize the Chair to sign a letter of support for the Florida Museum of Black History.

A.

The Board considered the Curry Creek Resilience;

B.

The Board considered holding a workshop on costs of illegal immigration countywide.

Commr. Rainford commented on school zones and safety, changing the Board meeting time to 8:00 a.m., and the Loveland letter.

Staff Presenter:  County Administrator Jonathan Lewis

Items submitted: Copies of e-mails and copies of documents entitled "Memorandum of Agreement" and "287(g) Steering Committee Guidance, May 18, 2020"

12:06 p.m. Board Action:  Requested that the County Administrator bring back to the Board in May 2024 a discussion item on Curry Creek Resilience, including the City of Venice schedule, with an additional option to include a one time clearing of the Sawgrass portion of Curry Creek. Requested by Rainford, without objection.

12:14 p.m. Board Action:  Requested that the County Administrator bring back to the Board in May 2024 a report on School zone safety technologies and proposed funding options. Requested by Rainford, without objection.

12:17 p.m. Board Action:  Requested that the County Administrator bring back to the Board for discussion the Board of County Commissioners Rules of Procedures with potential changes to the Board meeting start time. Requested by Rainford, without objection.

(See Item 1 earlier this meeting.)

(See Item 48 later this meeting.)

Commr Neunder commented on Norm Schimmel's service to our community.

Staff Presenter:  County Attorney Joshua Moye

12:18 p.m. Board Action:  Consensus noted by Chair Moran requesting that the County Attorney review the new legislation on HOAs within 30 days after the Governor signing and update the Board at a future meeting.

12:20 p.m. Board Action:  Consensus noted by Chair Moran requesting that the County Administrator add a recognition award to an upcoming Board meeting for Norm Schimmel.

(See Item 48 later this meeting.)

Commr. Cutsinger commented on Nathan Benderson Park.

A.

The Board considered a United Way Contract/Resolution Review;

B.

The Board considered authorizing the Chair to sign a Letter of Support for Loveland.

Staff Presenters: County Administrator Jonathan Lewis and County Attorney Joshua Moye

Public Presenter:  Clerk of the Circuit Court and County Comptroller Karen Rushing

Item submitted:  A copy of a letter of support for Loveland

Chair Moran passed the gavel to Commissioner Neunder.

12:31 p.m. Board Action:  Requested that the County Attorney bring back to the Board at the April 23, 2024, Board meeting a Resolution to terminate the County's relationship with United Way, for any charitable County Employee payroll deductions, within a reasonable time, including the relationship with 211. Moved by Moran, seconded by Rainford, carried by a 5-0 vote.

Commissioner Neunder passed the gavel to Chair Moran.

12:38 p.m. Board Action:  Noted consensus by Chair Moran to authorize the Chair to sign a letter of support for Loveland.

(See Item 1 earlier this meeting.)

(See Item 48 later this meeting.)

Staff Presenters:  Planning and Development Services Planner Brooke Fleming and County Attorney Joshua Moye

Public Presenters:  James Johnston, Darwin Feliz, Mary Villano, Richard Bando, Elaine Nicks, Bill Sherrier, Victor Dobrin, Richard Berrios, and John Meisel

Items submitted:  Copies of e-mails, copies of presentations, and a copy of a document entitled " Affidavit of David M. Taulbee, MAI"

02:29 p.m. Board Action:  Closed the public hearing. Closed by Moran, without objection.

02:29 p.m. Board Action:  Denied a proposed Resolution, approving Special Exception Petition No. 1880. Moved by Rainford, seconded by Neunder, carried by a 5-0 vote.

Note:  Oath/Signature Cards Filed for Record.

A.

Public hearing to consider proposed Ordinance No. 2024-014, approving Small Area Comprehensive Plan Amendment (CPA) No. SA 2023-06 amending the Future Land Use Map for property located at 8201 South Tamiami Trail, Sarasota, from Medium Density Residential to Regional Commercial Center;

B.

(Not a public hearing.) Land Development Regulation Commission (LDRC) to find Ordinance No. 2024-015 to be consistent with the Comprehensive Plan. (Must be done prior to the adoption of C.);

C.

Public hearing to consider proposed Ordinance No. 2024-015, amending the US 41/Beneva Road Critical Area Plan (CAP) (84-02-SP-2023), adopted by Ordinance No. 96-075 (as amended), for property located at 8201 South Tamiami Trail, Sarasota;

D.

Public hearing to consider proposed Ordinance No. 2024-016, approving a Notice of Proposed Change (NOPC) No. 1 to the Sarasota Square Development of Regional Impact (DRI) to change the Master Development Plan by adding approximately 2.8 acres to the southeast boundary of the DRI and amend and restate the DRI with revised conditions;

E.

Public hearing to consider proposed Ordinance No. 2024-017, approving Rezone Petition No. 23-29 for property located at 8201 South Tamiami Trail, Sarasota, from CSC (Commercial, Shopping Center) and RMH (Residential, Mobile Home) to CG (Commercial, General);

F.

Public hearing to consider a proposed Resolution, approving Special Exception Petition No. 1885 to allow for bar with outdoor entertainment after 10:00 p.m. or outdoor dining after 10:00 p.m., indoor entertainment after 10:00 p.m., outdoor recreation, outdoor entertainment after 10:00 p.m., special events in conjunction with an approved outdoor recreation use, and a garden center with outside merchandise.

Staff Presenters:  Planning and Development Services Planner Hannah Sowinski and County Attorney Joshua Moye

Public Presenters:  Charles Bailey, Jim Paulmann, Bob Horne, Kris Wilholt, Lino Canalia, Richard Palermino, Ellen Hales, Nanci Weber, Ingrid Deckman, Anne Rutland, Ed Turanchik, Walt Tibbet, Ginger Peterson, and Chuck Treadway

Items submitted:  A copy of correspondence and copies of photographs

RECESS:  3:51 p.m. - 4:01 p.m.

04:31 p.m. Board Action:  Closed the public hearings. Closed by Moran, without objection.

04:35 p.m. Board Action:  Reopened the public hearings. Reopened by Moran, without objection.

RECESS:  4:40 p.m. - 4:47 p.m.

04:52 p.m. Board Action:  Closed the public hearings. Closed by Moran, without objection.

04:55 p.m. Board Action:  Adopted Ordinance No. 2024-014, approving Small Area CPA No. SA 2023-06. Moved by Smith, seconded by Cutsinger, carried by a 5-0 vote.

Chair Moran recessed the Board of County Commissioners (BCC) and convened as the LDRC.

04:59 p.m. Board Action:  Found proposed Ordinance No. 2024-015 to be consistent with the Comprehensive Plan. Moved by Smith, seconded by Cutsinger, carried by a 3-2 vote; Neunder and Rainford voted "No."

Chair Moran adjourned the LDRC and reconvened as the BCC.

05:00 p.m. Board Action:  Adopted Ordinance No. 2024-015, as amended this date, amending the US 41/Beneva Road CAP (84-02-SP-2023). Moved by Smith, seconded by Cutsinger, carried by a 3-2 vote; Neunder and Rainford voted "No."

05:00 p.m. Board Action:  Adopted Ordinance No. 2024-016, approving a NOPC No. 1. Moved by Smith, seconded by Cutsinger, carried by a 3-2 vote; Neunder and Rainford voted "No."

05:00 p.m. Board Action:  Adopted Ordinance No. 2024-017, as amended this date, approving Rezone Petition No. 23-29. Moved by Smith, seconded by Cutsinger, carried by a 3-2 vote; Neunder and Rainford voted "No."

05:00 p.m. Board Action:  Adopted Resolution No. 2024-061, approving Special Exception Petition No. 1885. Moved by Smith, seconded by Cutsinger, carried by a 3-2 vote; Neunder and Rainford voted "No."

Note:  Oath/Signature Cards Filed for Record.

Sally Nista commented on non-profit funding. (See Item 43 earlier this meeting.) Conni Brunni commented on United Way funding, HOA Bill, and illegal immigration. (See Items 40, 41, and 43 earlier this meeting.)

Staff Presenter:  County Attorney Joshua Moye

Item submitted:  A copy of a proposed Resolution of Denial for Item 46, Special Exception Petition No. 1880

05:03 p.m. Board Action:  Authorized the Chair to sign Resolution No. 2024-062, a Resolution of Denial for Item 46, Special Exception Petition No. 1880. Moved by Rainford, seconded by Cutsinger, carried by a 5-0 vote.