Ward 3 Terolyn P. Watson OSCAR M. CORBIN, JR. CITY HALL, 2200 SECOND STREET FORT MYERS, FLORIDA

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1 FORT MYERS CITY COUNCIL Mayor Randall P. Henderson, Jr. Ward 1 Teresa Watkins Brown Ward 2 Johnny W. Streets, Jr. Ward 3 Terolyn P. Watson Ward 4 Liston D. Bochette, III Ward 5 Fred Burson Ward 6 Gaile H. Anthony OSCAR M. CORBIN, JR. CITY HALL, 2200 SECOND STREET FORT MYERS, FLORIDA For full agenda Packet Click Here. Larger files may take longer to download. Please complete a Request to Speak form if you plan to address the City Council and submit to the City Clerk prior to the start of the meeting. CALL TO ORDER (See 4:32 p.m.) Opening Prayer The meeting was opened in prayer by Rabbi Marc Sack, Temple Judea, Fort Myers. (See 4:32 p.m.) Pledge of Allegiance to the Flag of the United States of America Mayor Henderson led the Pledge of Allegiance to the Flag of the United States of America. (See 4:39 p.m.) Roll Call Absent: Councilperson Watson (See 4:40 p.m.) PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Recognize Kevin Dimaculangan, Dunbar High School Sophomore, for placing first in the World at the Microsoft Excel World Championship A motion was not made. (See 4:41 p.m.) 2. Proclaim November 2018 as Hunger and Homelessness Awareness Month A motion was not made. (See 4:55 p.m.) Page 1 of 14

2 PROCLAMATIONS AND SPECIAL PRESENTATIONS (Continued) 3. Presentation of annual report of activities at the leased property located at 2310 Edwards Drive from Greater Fort Myers Chamber of Commerce A motion was not made. (See 5:03 p.m.) 4. Accept donation, in the amount of $5,000, from the Friends of James (Jim) Kinsey for purchase of the 2018 Christmas tree to be placed in Centennial Park And Approve budget amendment, in the amount of $5,000, recognizing funds received from a donation and increasing Parks Operating Expenses budget by like amount (Ward 4) 5. Recognize members of the Fort Myers Fire Department who participated in Hurricane Michael recovery efforts after deployment to the Bay County Florida MOTION TO ACCEPT WALK-ON ITEM: It was moved by Councilperson Anthony, seconded by Councilperson Brown and unanimously carried to add a walk-on item Resolution No naming a portion of a city owned street from McGregor Boulevard to the bisecting Streets Menlo and Llewellyn in Ward 4 as Bochette Way. WALK ON - RESOLUTION NO naming a portion of a city owned street from McGregor Boulevard to the bisecting Streets Menlo and Llewellyn in Ward 4 as Bochette Way. PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Three (3) minute time limit per speaker) (See 5:11 p.m.) A motion was not made. (See 5:15 p.m.) (See 5:26 p.m.) (See 5:26 p.m.) Paul Gwiz, resident, spoke on the Salvation Army Outreach Center at 2476 Edison Avenue at the intersection of Fowler Street. See video at 5:42 p.m. Public Hearings: (Public input will be heard during the public hearing) Page 2 of 14

3 CONSENT AGENDA Any Councilperson may have an item removed from the consent agenda and placed on the regular agenda for discussion following the consent agenda. 6. Minutes of the special City Council meeting held on October 11, 2018, and the regular City Council meeting held on October 15, Acceptance of grant, in the amount of $1,000,000.00, (no match required) from the United States Department of Justice for Fiscal Year 2018 US Department of Justice; Office of Justice Programs; Bureau of Justice Assistance Program (BJA) No.: 2018-CZ-BX-0222; to fund Fort Myers Police Department Reentry Program Second Chance Act Reentry Initiative for the Fort Myers Police Department, effective October 1, 2018, through September 30, And Approve Budget Amendment to establish a budget, in the amount of $1,000,000, DOJ grant funding and expenditures by like amount 8. Acceptance of grant, in the amount of $60,239, (no match required) from the United States Department of Justice for Fiscal Year 2018 U. S. Department of Justice; Office of Justice Programs; Edward Byrne Memorial Bureau of Justice Assistance Program (BJA) No.: 2018-DJ-BX-0669; to fund Fort Myers Police Department Law Enforcement Safety Program; effective October 1, 2018, through September 30, 2021 And Approve Budget Amendment to establish a budget of $60,239 DOJ grant funding and expenditures of like amount Removed from Consent Agenda for discussion by Mayor Henderson. Page 3 of 14

4 CONSENT AGENDA (Continued) 9. Acceptance of grant, in the amount of $37,500, (no match required) from the United States Department of Justice for Fiscal Year 2018 U. S. Department of Justice; Office of Justice Programs; Bureau of Justice Assistance Program (BJA) No.: 2018-BC-BX-0068; to fund Fort Myers Police Department Body Camera Implementation Program; effective October 1, 2018, through September 30, 2021; And Approve Budget Amendment to establish a budget of $37,500 DOJ grant funding and expenditures of like amount 10. Federally-Funded Sub-Grant Agreement No. EMW-2018-SS S01, in the amount of $102,937, with the State of Florida, Division of Emergency Management 11. Online grant application for Fiscal Year 2018 Assistance to Firefighters Grant Application EMW-2018-XX-XXXXX, in the amount of $338,637.00, to the Federal Emergency Management Agency, Department of Homeland Security, for the purchase of six Source Capture Exhaust Extraction Systems (SCES) with a City in-kind cash match, in the amount of $33,863.00, for a total project cost of $372, Southland Exteriors LLC proposal, in the amount of $14,670, for the replacement of the Yacht Basin building exterior siding (Ward 4) 13. License Agreement between the City of Fort Myers Police Department and the City of Fort Myers Housing Authority to provide the Police Department with a building located at 3701 Nelson Tillis Boulevard for use as a police substation (See 5:47 p.m) Page 4 of 14

5 CONSENT AGENDA (Continued) 14. Addendum No. 3, in the amount of $49,000, with GovernmentJobs.com d/b/a NeoGov, Inc. for addition of Perform and Learn (Electronic Performance Management System and Learning Management Solution, which is online training) 15. Change Order No.1 reducing the contract, in the amount of $1,048,151.81, and approve Closeout of Amendment No. 1 & No. 2 to Construction Manager At Risk, Request for Qualifications No PW, for Hanson Street Extension Phase I Construction with AIM Construction Contracting, Inc. for Part 2 - Improvements at Eastwood Golf Course releasing retainage, in the amount of $36, (Ward 2) 16. Change Order No. 1, decreasing the contract amount by $1,614.00, and adding 18 days for Task Authorization No. 4 to Construction Manager-At-Risk Continuing Contract, RFQ# PW, with Compass Construction, Inc. for the Police Golf View Annex Building ADA Renovations, closes the contract, and releases final payment including retainage in the amount of $12, (Ward 4) 17. Change Order No. 2, reducing the contract amount by $49,250.47, and Close out for Amendment No. 1 to Task Authorization No. 3 to Professional Services Agreement Construction Manager at Risk, Request for Qualifications No PW, with Wright Construction Group, Inc. for the City of Fort Myers Water Supply Improvements and release final payment and retainage in the amount of $53, (Ward 2) (See 5:47 p.m) Page 5 of 14

6 CONSENT AGENDA (Continued) 18. Task Authorization No. 1, in the amount of $266,134.81, to Agreement Between Owner and Construction Manager At Risk Continuing Contract, RFQ No for Goodyear Building (HR) ADA Renovations and City Attorney Office Reconfiguration with Chris-Tel Company of Southwest Florida, Inc., dba Chris- Tel Construction (Ward 4) 19. Acceptance and maintenance of potable water, sanitary sewer, stormwater drainage and roads for Caloosa Pointe Subdivision, at 1212 Melaleuca Lane from D.R. Horton Inc (Ward 5) 20. Acceptance and maintenance of potable water and sanitary sewer utilities for Carleton Subdivision at 1350 Meadow Park Lane from Worthington of Carleton, LLC (Ward 5) 21. Purchase Agreement, in the amount of $36,000.00, from LPI Wetland Mitigation Bank, Ltd., for an additional 0.40 freshwater herbaceous wetland mitigation credits at the Little Pine Island Mitigation Bank for off-site mitigation required by the South Florida Water Management District (SFWMD) and Army Corp of Engineers (ACOE) for the Hanson Street Extension project. (Wards 2 & 3) 22. Proposal LS18-35 from Ajax Paving Industries of FL, LLC, in the amount of $117,075.34, based on ITB # , City Wide Drainage and Paving Repairs, for the milling and resurfacing, installation of new pedestrian crosswalks, and pavement markings at the intersection of Challenger Boulevard and Winkler Avenue (Wards 2 & 6) (See 5:47 p.m) (See 5:47 p.m) (See 5:47 p.m) Removed from Consent Agenda for discussion by Councilperson Bochette and City Manager Kazemi. Removed from Consent Agenda for discussion by Councilperson Anthony. Page 6 of 14

7 CONSENT AGENDA (Continued) 23. Proposal from American Infrastructure Systems (AIS), in the amount of $105,355, to relocate the traffic signals from the intersection of Hanson Street and Veronica S. Shoemaker Boulevard to Challenger Boulevard and Winkler Avenue, and install new sidewalks at the Challenger Boulevard and Winkler Avenue intersection (Wards 2 & 6) 24. Proposal, in the amount of $164,468.97, to Andrew Sitework LLC, for the relocation of an eight-inch Sewer Force Main along S.R. 82 near the intersection of Ortiz Avenue and S.R. 82 (Ward 2) 25. Write off uncollectable accounts in the amount of $12,668.60; Solid Waste $245.58; Stormwater $1,228.56; and Utilities; $11, Removed from Consent Agenda for discussion by Councilperson Streets and Councilperson Anthony. (See 5:47 p.m) ITEMS REMOVED FROM CONSENT AGENDA 7. Acceptance of grant, in the amount of $1,000,000.00, (no match required) from the United States Department of Justice for Fiscal Year 2018 US Department of Justice; Office of Justice Programs; Bureau of Justice Assistance Program (BJA) No.: 2018-CZ-BX-0222; to fund Fort Myers Police Department Reentry Program Second Chance Act Reentry Initiative for the Fort Myers Police Department, effective October 1, 2018, through September 30, And Approve Budget Amendment to establish a budget, in the amount of $1,000,000, DOJ grant funding and expenditures by like amount (See 5:48 p.m) Page 7 of 14

8 ITEMS REMOVED FROM CONSENT AGENDA (Continued) 21. Purchase Agreement, in the amount of $36,000.00, from LPI Wetland Mitigation Bank, Ltd., for an additional 0.40 freshwater herbaceous wetland mitigation credits at the Little Pine Island Mitigation Bank for off-site mitigation required by the South Florida Water Management District (SFWMD) and Army Corp of Engineers (ACOE) for the Hanson Street Extension project. (Wards 2 & 3)) 22. Proposal LS18-35 from Ajax Paving Industries of FL, LLC, in the amount of $117,075.34, based on ITB # , City Wide Drainage and Paving Repairs, for the milling and resurfacing, installation of new pedestrian crosswalks, and pavement markings at the intersection of Challenger Boulevard and Winkler Avenue (Wards 2 & 6) 23. Proposal from American Infrastructure Systems (AIS), in the amount of $105,355, to relocate the traffic signals from the intersection of Hanson Street and Veronica S. Shoemaker Boulevard to Challenger Boulevard and Winkler Avenue, and install new sidewalks at the Challenger Boulevard and Winkler Avenue intersection (Wards 2 & 6) Approved (See 5:59 p.m.) Approved (See 6:02 p.m.) It was moved by Councilperson Streets, seconded by Councilperson Bochette and unanimously carried to approve the Proposal from American Infrastructure Systems (AIS), in the amount of $105,355, with the understanding that City Manager Kazemi will meet with Councilperson Streets to discuss the intersections. (See 6:03 p.m.) Page 8 of 14

9 MOTION TO MOVE ITEM NO. 47 (See 6:27 p.m.) CITY MANAGER S ITEM 47. Rising STARS Teen Program Description, for Dr. Ann Murphy Knight S.T.A.R.S. Complex with funding from private donors, in the amount of $150,000, to coordinate with local churches, private entities, guidance counselors and the Police Athletic League providing education enhancement, college/trade school readiness, career building, one-on-one/group mentorship, community service projects, community engagement initiatives, and adolescent developmental activities for teens up to age 16 (Ward 3) (See 6:27 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 26. Discuss having City branded ties and scarves made for functions whereby official protocol dictates the exchange of mementos on behalf of the City (Mayor Henderson) 27. Reorganization update of the City Attorney s Office (Councilperson Anthony) 28. Contribute $1,000 to the Fellowship of Christian Athletes for a program called "To and Through the Coach" (Councilperson Streets) A motion was not made. (See 6:37 p.m.) A motion was not made. (See 6:39 p.m.) It was moved by Councilperson Streets, seconded by Councilperson Bochette for Ward 4 to contribute $2,000.00; Ward 2 to contribute $1,000.00; Ward 5 to contribute $1, and Ward 1, Ward 3 and Ward 6 to contribute up to $1, subject to review of their budgets; to the the Fellowshiop of Christian Athletes for a program called To and Through the Coach (See 6:57 p.m.) Page 9 of 14

10 CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION (Continued) 29. Donate $1,000 to Fort Myers High School Athletic Department in support of the Cross Country Athletes to use for Marking, mapping and training courses (Councilperson Bochette) 30. Donate $2,500 from Ward 4 to the Southwest Florida Historical Society for the creation of a historic plaque for the Tootie McGregor Monument (Councilperson Bochette) 31. Donate $2,500 from Ward 4 to the Uncommon Friends Foundation to create a place and historic plaque in honor of Mr. Jim Newton (Councilperson Bochette) 32. Provide an update on Public Works projects: 1. Exercise equipment in Ward 4 & 5 2. Bike path along Hill Avenue from US 41 to McGregor Boulevard 3. Carrol Street canal repair damaged from Hurricane Irma 4. The agreement with the City of Cape Coral to buy our treated wastewater 5. Renovation and expansion of the wastewater treatment facility on Matthew Drive 6. Paving roads in Carillon Woods (See 7:08 p.m.) (See 7:09 p.m.) Approved, subject to adding the name of Ellie Newton to the plaque. (See 7:12 p.m.) A motion was not made. (See 7:15 p.m.) (Councilperson Burson) 33. Report on 33 advisory board vacancies A motion was not made. PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) (See 7:26 p.m.) 34. Ordinance No amending the Police Officers Retirement System to comply with changes required by the Internal Revenue Code Ordinance No adopted. (See 7:31 p.m.) Page 10 of 14

11 PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) (Continued) 35. Ordinance No to adopt the Future Land Use Map Amendment for Case Number 18-MA- 03 Chana Court Future Land Use Map Amendment, as requested by Patrick Vanasse, AICP, RWA, Inc. representing the owner (Quasi- Judicial) (Ward 6) 36. Purchase of a portion of vacant parcel no P in the amount of $116,150, plus closing costs and associated attorney fees, from Allied Recycling Inc., owner, to be used as right-of-way for the Hanson Street Extension Project (Ward 3) 37. Purchase of a portion of vacant parcel no P in the amount of $58,055, plus closing costs and associated attorney fees, from Ramo Properties, Incorporated, owner, to be used as right-of-way for the Hanson Street Extension Project (Ward 3) 38. Purchase of a portion of vacant parcel no P in the amount of $21,800, plus closing costs, from Charles Mayhugh, Jr, Trustee, Amy L. Murphy Land Trust, owner, to be used as right-of-way for the Hanson Street Extension Project (Ward 3) 39. Purchase of a portion of vacant parcel no P in the amount of $24,900 plus closing costs, from Charles Mayhugh, Jr, Trustee, Amy L. Murphy Land Trust, owner, to be used as right-of-way for the Hanson Street Extension Project (Ward 3) Ordinance No adopted. (See 7:33 p.m.) (See 7:37 p.m.) (See 7:38 p.m.) (See 7:39 p.m.) (See 7:48 p.m.) Page 11 of 14

12 PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) (Continued) 40. Purchase of a portion of vacant parcel no P in the amount of $33,065, plus closing costs and associated attorney fees, from Kenneth J. Schwartz, Elizabeth Schwartz and Maxine E Schwartz, owner, to be used as right-of-way for the Hanson Street Extension Project (Ward 3) (See 7:49 p.m.) PERMISSION TO ADVERTISE 41. Permission to advertise a 15-day comment period and public hearing for the Second Program Year Consolidated Annual Performance and Evaluation Report for Fiscal Year Community Development Block Grant Program (CDBG), pursuant to U.S. Housing and Urban Development (HUD) requirements 42. Permission to advertise for a public hearing to be held on November 19, 2018, the purchase of a portion of vacant parcels P , in the amount $75,000, plus closing costs and associated attorney fees, from PG4, LLC, owner, to be used as right-of-way for the Hanson Street Extension project (Ward 3) 43. Permission to advertise for a public hearing to be held on November 19, 2018, the purchase of a portion of vacant parcels P , in the amount $100,000, plus closing costs and associated attorney fees, from Mel F. Nelson and Lori L. Nelson, owner, to be used as right-of-way for the Hanson Street Extension project (Ward 3) (See 7:49 p.m.) (See 7:50 p.m.) (See 7:50 p.m.) Page 12 of 14

13 PERMISSION TO ADVERTISE (Continued) 44. Permission to advertise for a public hearing to be held on November 19, 2018, the purchase of a portion of parcel P , in the amount $23,314 plus closing costs and associated attorney fees, from Accent Construction, Incorporated, owner, to be used as right-of-way for the Hanson Street Extension project (Ward 3) (See 7:51 p.m.) CITY MANAGER S ITEMS 45. Interlocal Agreement for Provision of Material and Services between the City of Fort Myers and the Community Redevelopment Agency of the City of Fort Myers for certain expenses directly attributed to activities undertaken by the City and its staff on behalf of the CRA on an ongoing-basis 46. Restrictive Covenant between City of Fort Myers, Florida Arts, Inc. and the State of Florida, Department of State, Division of Cultural Affairs, for a Cultural Facilities Grant in the Amount of $470, for Project Title: Sidney & Berne Davis Art Center Rooftop Recreation Area (Ward 4) 48. WaterSmart Service Agreement between WaterSmart Software, Inc. and the City of Fort Myers to implement a customer engagement program for utility billing (See 7:52 p.m.) (See 7:52 p.m.) (See 7:53 p.m.) CITY ATTORNEY S ITEMS 49. Settlement in the amount of $79, for the Darryl Robinson v. City of Fort Myers, litigation matter, Case No.: 17-CA (See 7:55 p.m.) Page 13 of 14

14 PUBLIC COMMENT - NON-AGENDA ITEMS: Speakers may speak on subject matters not listed on the agenda, provided the subject matter is within the jurisdiction of the City Council. Each speaker must complete and submit a Request to Speak form to the City Clerk prior to the beginning of the meeting. (Three (3) minute time limit per speaker.) Jim Becker, resident, spoke on the Hall of 50 States. (See 7:58 p.m.) Adjourn 8:08 p.m. If a person decides to appeal any decision made by City Council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Special Requirements: If you require special aid or services as addressed in the Americans with Disabilities Act, please contact the City Clerk s Office at (239) or for the hearing impaired, TDD telephone number (239) Page 14 of 14

OSCAR M. CORBIN, JR. CITY HALL, 2200 SECOND STREET FORT MYERS, FLORIDA

OSCAR M. CORBIN, JR. CITY HALL, 2200 SECOND STREET FORT MYERS, FLORIDA FORT MYERS CITY COUNCIL Mayor Randall P. Henderson, Jr. Ward 1 Teresa Watkins Brown Ward 2 Johnny W. Streets, Jr. Ward 3 Terolyn P. Watson Ward 4 Michael Flanders Ward 5 Fred Burson Ward 6 Gaile H. Anthony