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 Michael Flanders Ward 5 Forrest Banks 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 (4:36 p.m.) Opening Prayer The meeting was opened with prayer by Mayor Henderson. (See 4:36 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 4:37 p.m.) Roll Call Absent: None (See 4:37 p.m.) A. Discussion on Public Input regarding Item No. 19 Permission to advertise for a transmittal public hearing for Text Amendment and Map Amendment 2017-TMA-02 amending the Future Land Use Element, Transportation Element, Concurrency Management System Element and Future Land Use Map of the Comprehensive Plan, to Florida Department of Economic Opportunity for review and comments (See 4:38 p.m.) Page 1 of 14

2 B. Motion to move Item No. 19a to be heard after Item No. 3 (See 4:50 p.m.) PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Presentation to the 2016 Employee of the Year Mayor Henderson presented a trophy, certificate, and a check, in the amount of $1,000, to Chad Thornton, Police Officer. (See 4:52 p.m.) 2. Presentation on the Horizon Council by Christopher Spiro, Chief Executive Officer, Spiro and Associates 3. Proclamation proclaiming April 2017 as National Healthcare Decisions Month A motion was not made. (See 4:55 p.m.) Mayor Henderson read and presented the proclamation to Britton Swank, Esquire, Fort Myers Elder Law Attorneys of Prather & Swank, P.A. (See 5:03 p.m.) Page 2 of 14

3 CITY MANAGER S ITEMS 19a. Scope of Engagement letter dated March 30, 2017, with Bryant Miller Olive to perform as Bond Counsel in connection with the issuance of the Series 2017 Note and future municipal securities and Resolution authorizing the issuance of not to exceed $38,000,000 in aggregate principal amount of the City of Fort Myers, Florida, Utility System Refunding Revenue Note, Series 2017, for the purpose of currently refunding and retiring the outstanding Utility System Revenue Bonds, Series 2006; providing for the payment of such note and the interest thereon from net revenues of the City's Utility System; Authorizing Negotiated Sale and private placement of such note to Raymond James Capital Funding, Inc. PUBLIC INPUT NON-PUBLIC HEARING ITEMS: (Four (4) minute time limit per speaker) Resolution No adopted. (See 5:06 p.m.) George Mitchell, resident, spoke on 19. (See 5:13 p.m.) Donna Ellswick, resident, spoke on 19. (See 5:16 p.m.) Dave Urich, resident, spoke on 19. (See 5:19 p.m.) Ken Nimmer, resident, spoke on 19. (See 5:20 p.m.) Page 3 of 14

4 PUBLIC INPUT NON PUBLIC HEARING ITEMS: (Four (4) minute time limit per speaker) - Continued Lorna Downing, resident, spoke on 19. (See 5:21 p.m.) Sara Goldstein, resident, spoke on 19. (See 5:22 p.m.) Will Burke, resident, spoke on 19. (See 5:26 p.m.) Barry Starke, resident, spoke on 19. (See 5:28 p.m.) Ann Pierce-Gardner, resident, spoke on 19. (See 5:29 p.m.) Ann Martindale, resident, spoke on 19. (See 5:34 p.m.) Gene Gibson, resident, spoke on 19. (See 5:39 p.m.) Jerome Miller, resident, spoke on 19. (See 5:41 p.m.) Phillip Ford, resident, spoke on 8. (See 5:43 p.m.) Page 4 of 14

5 Public Hearings: (There are no public hearings) (Public input will be heard during the public hearing) CONSENT (Item Nos. 4-13b) Any Council Member may have an item removed from the consent agenda and placed on the regular agenda for discussion following the consent agenda. 4. Minutes of the regular City Council meeting held on March 6, Approve Change Order No. 2, in the amount of $6,721.16, to Construction Contract # with Southwest Utility Systems, Inc. for Aqua Shores Infrastructure Improvements, reducing the contract amount from $1,109,447 to $1,102,725.84, closing out the project and releasing final payment including retainage in the amount of $11, (Ward 1) 6. Change Order No. 1, in the amount of $154,122.04, to Task Authorization No. 3, to Agreement Between Owner and Construction Manager-At-Risk - Continuing Contract, Request for Qualifications No PW, with AIM Construction Contracting, LLC for Evans Avenue Waterline Improvements decreasing the contract from $1,983, to $1,829, and increasing the contract time by 90 days to a completion date of December 7, 2016; project close out and release of final payment and retainage in the amount of $96, (Ward 3, Ward 4, and Ward 5) Removed from the agenda by Carrie Baxter, Senior Staff Assistant, Engineering Division, Public Works Department, on. Page 5 of 14

6 CONSENT Continued 7. Utilization of City of Jacksonville Request for Proposal P for Registry of Vacant/Abandoned Properties with Community Champions Corporation 8. Utilization of City of Naples Request for Proposal No , Building Permit Inspection and Plan Review Services in an estimated annual expenditure of $200,000 8a. Bid No , Procurement of a New Mobile Stage, in the amount of $137,634, for the Parks and Recreation Division, to Century Industries 9. Single source procurement of three wastewater mixing units, in the total amount of $100,665, from SPX Flow Technology - Lightnin 10. Acceptance and maintenance of potable water and sanitary sewer utilities for Bridgetown at the Plantation Phases 3-3, 3-4, and 3-9 at Treeline Avenue from Centex Homes (Ward 6) 11. Acceptance and maintenance of potable water and sanitary sewer utilities for Arborwood Preserve Phase 1 Subdivision at Commerce Lakes Drive, from WCI Communities, LLC (Ward 6) 12. Amendment 2 to the City of Fort Myers Employee Policies and Procedures Manual, Section 3.12 Service Awards and Employee Recognition Program and Section 6.09 Workplace Conduct Removed from Consent Agenda for discussion by Councilwoman Brown. Removed from Consent Agenda for discussion by Councilman Flanders. Removed from the agenda by Ellen Clyatt, Interim Director, Human Resources Department, on April 3, Page 6 of 14

7 CONSENT Continued 13. Work Experience Worksite Agreement with Southwest Florida Workforce Development Board, Inc. effective July 1, 2017, through June 30, a. Final plat for Caloosa Pointe Subdivision located west of Melaleuca Lane and Caloosa Vista Drive (Ward 5) 13b. Conduits Service Agreement and Appendix A, Service Level with Net Assets Corporation for electronic access to data related to City interests against individual real property Removed from Consent Agenda for discussion by Councilman Banks. ITEMS REMOVED FROM CONSENT 7. Utilization of City of Jacksonville Request for Proposal P for Registry of Vacant/Abandoned Properties with Community Champions Corporation 8. Utilization of City of Naples Request for Proposal No , Building Permit Inspection and Plan Review Services in an estimated annual expenditure of $200,000 13a. Final plat for Caloosa Pointe Subdivision located west of Melaleuca Lane and Caloosa Vista Drive (Ward 5) PUBLIC INPUT NON-PUBLIC HEARING ITEMS: (Four (4) minute time limit per speaker) - Continued (See 5:47 p.m.) (See 5:48 p.m.) Removed from Consent Agenda for discussion by Councilman Banks. (See 6:04 p.m.) Nathan Dimoff, resident, spoke (See 6:05 p.m.) Page 7 of 14

8 PUBLIC INPUT NON-PUBLIC HEARING ITEMS: (Four (4) minute time limit per speaker) - Continued Denae Pearsey, resident, spoke (See 6:07 p.m.) Dorothy Harris, resident, spoke (See 6:07 p.m.) Jimmy Underwood, resident, spoke (See 6:11 p.m.) Willie B. Green, resident, spoke (See 6:14 p.m.) Aleshia Day, resident, spoke (See 6:18 p.m.) Anthony Thomas, Jr., resident, spoke (See 6:21 p.m.) Shirley Sibert, resident, spoke (See 6:25 p.m.) Jasena Pearsey, resident, spoke (See 6:30 p.m.) Page 8 of 14

9 PUBLIC INPUT NON-PUBLIC HEARING ITEMS: (Four (4) minute time limit per speaker) - Continued Todd D. Chrisp, resident, spoke (See 6:34 p.m.) Crystal Johnson, resident, spoke (See 6:40 p.m.) PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 14b. Direct the City Manager to contact the Civil Rights Department of the U.S. Department of Justice to investigate the Police Department (Ward 3) (Councilwoman Watson) Approval to direct the City Manager to contact the U.S. Department of Justice, Civil Rights Department to investigate the patterns and practices of the Police Department and send more supporting evidence besides the Freeh Report. (See 6:43 p.m.) Meeting recessed at 7:07 p.m. Meeting reconvened at 7:26 p.m. Page 9 of 14

10 CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION - Continued 14. Discuss possible purchase of property for sale at Cortez Boulevard for City use as a new street right-of-way, new storm water retention, and new police sub-station (Ward 4) (Councilman Flanders) Approval to direct City Manager to bring back a purchase contract for the purchase of Cortez Boulevard for City use as either new street right-of-way, new storm water retention, new location for police, a restored historic landmark, or a beautification/landscape corner as a gateway to Edison Park Historic District and the Edison & Ford Winter Estates. (See 7:26 p.m.) 14a. Appoint a City Council Member as liaison to the Building & Zoning Oversight Committee (BZOC) (Ward 6) (Councilwoman Anthony) Approval of appointment of Councilwoman Anthony as liaison to the Building & Zoning Oversight Committee. (See 8:16 p.m.) 15. Reappointment of Eileen Kelly Gabourel to the Local Affordable Housing Advisory Committee as at large member and residential home builder representative, term effective May 19, 2017, through May 18, 2020 (Saeed Kazemi) 16. Reappointment of John A. Noland, Esquire, as Resident Trustee to the Police Officers Retirement System Board of Trustees, term effective April 16, 2017, through April 15, Report of 37 vacancies on citizens advisory boards (See 8:17 p.m.) (See 8:18 p.m.) A motion was not made. (See 8:18 p.m.) Page 10 of 14

11 PERMISSION TO ADVERTISE 18. Accept proposal, in the amount of $13,363, from Samuel L. Lurie TR for Samuel L. Lurie Trust, for the purchase of vacant property located at 2831 Dr. Martin Luther King, Jr. Boulevard, a 50 foot by 95 foot, more or less, parcel zoned Commercial Intensive in the Dr. Martin Luther King, Jr. Community Redevelopment Area, pursuant to Florida Statute And Permission to advertise, for a public hearing to be held on May 15, 2017, for the sale of vacant property, in the amount of $13,363, located at 2831 Dr. Martin Luther King, Jr. Boulevard, a 50 foot by 95 foot, more or less, parcel zoned Commercial Intensive in the Dr. Martin Luther King, Jr. Community Redevelopment Area to Samuel L. Lurie TR for Samuel L. Lurie Trust, pursuant to Florida Statute and City Code, Section 2-39 (Ward 2) 19. Permission to advertise for a transmittal public hearing for Text Amendment and Map Amendment 2017-TMA-02 amending the Future Land Use Element, Transportation Element, Concurrency Management System Element and Future Land Use Map of the Comprehensive Plan, to Florida Department of Economic Opportunity for review and comments Acceptance of proposal. Permission to advertise for a public hearing on May 15, (See 8:18 p.m.) (See 8:20 p.m.) CITY MANAGER S ITEMS - Continued 20. Community Development Block Grant Program, Citizen Participation Plan , as required by the United States Department of Housing and Urban Development (See 8:22 p.m.) Page 11 of 14

12 CITY MANAGER S ITEMS - Continued 21. Interlocal Agreement between Bonita Springs Fire Control and Rescue District, Estero Fire Rescue District, Fort Myers Beach Fire Control District, Iona McGregor Fire Protection and Rescue Service District, Sanibel Fire and Rescue District, San Carlos Park Fire Protection and Rescue Fire District, South Trail Fire Protection and Rescue Service District, and Lehigh Acres Fire Control and Rescue District for closest unit response (See 8:23 p.m.) 22. City of Fort Myers Internship Program (See 8:26 p.m.) 22a. Sale of the Esperanza Dining Car, in the amount of $1.00, to Seminole Gulf Railway (Ward 4) (See 8:27 p.m.) 23. Citizens Police Review Board, Rules of Procedure by amending IV. Meetings, E. Procedure and VII. Inquiries and Complaints (C) Complaints Received by the Fort Myers Police Department (See 8:28 p.m.) Page 12 of 14

13 CITY MANAGER S ITEMS - Continued 24. Presentation of early voting locations for the 2017 Primary and General Elections Approval of 4 early voting locations as follows: The Housing Authority of the City of Fort Myers, 4224 Renaissance Preserve Way Fort Myers, FL (Ward 1) Dunbar Jupiter Hammon Public Library, 3095 Blount Street, Fort Myers, FL (Ward 2) Fort Myers Regional Library, 2450 First Street, Fort Myers, FL (Ward 4) Fire Station No. 5, 9700 Treeline Avenue, Fort Myers, FL (Ward 6) and request the Supervisor of Elections to hold early voting at the Lee County Supervisor of Elections Office, 2480 Thompson Street. (See 8:30 p.m.) CITY ATTORNEY S ITEMS Time allocated for public comment on non-agenda items shall be limited to a total of thirty minutes, or such other period of time that may be approved by a majority of City Council. PUBLIC COMMENT - NON- ITEMS: Speakers who have notified the City Clerk of the specific subject no later than five (5) calendar days prior to the Council meeting may speak on subject matters not on the agenda, provided that the subject matter is within the jurisdiction of the City Council. (Four (4) minute time limit per speaker; if speaker addressed City Council during Public Input on Agenda Items, the time limit shall be three (3) minutes.) There was no one present to be heard. Page 13 of 14

14 PUBLIC COMMENT - NON- ITEMS: Speakers who failed to notify the City Clerk no later than five (5) calendar days prior to the Council meeting 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.) Anthony Thomas, Jr., resident, spoke on the need for a forensic audit on overtime at the Police Department. (See 8:44 p.m.) Adjourned: 8:55 o clock 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