FORT MYERS CITY COUNCIL

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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 Thomas C. Leonardo CITY COUNCIL CHAMBERS, 2200 SECOND STREET, FORT MYERS, FLORIDA 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 (4:32 p.m.) Moment of silence for the passing of Captain Gerald Jones, Police Department Opening Prayer (See 4:32 p.m.) The meeting was opened with prayer by Daylon Salters, Friendship Baptist Church. (See 4:33 p.m.) Pledge of Allegiance to the Flag of the United States of America The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Henderson. (See 4:37 p.m.) Roll Call Absent: None. (See 4:37 p.m.) Mayor Henderson comments regarding former Police Chief Doug Baker (See 4:38 p.m.) Page 1 of 11

2 PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Presentation of the 2015 Associated Builders and Contractors Excellence in Construction Award - City of Fort Myers Fort Myers Country Club Renovation and Storm Water Retention/Detention Project (Ward 4) Andy Powell, Executive vice President, Wright Construction Group, Inc., presented the 2015 Associated Builders and Contractors Excellence in Construction Award to the Mayor. (See 4:41 p.m.) 2. Presentation of 2015 Best of Business, Best Public Golf Course Award - Fort Myers Country Club from Gulfshore Business Magazine (Ward 4) Saeed Kazemi, Director, Public Works Department, presented the 2015 Best of Business, Best Public Golf Course Award to the Mayor. (See 4:50 p.m.) 3. Annual presentation from Fort Myers - Lee County Garden Council, Inc. on the leased property located at 2166 Virginia Avenue (Ward 4) Kay Holloway, President, Fort Myers - Lee County Garden Council, Inc. presented the annual report. (See 4:53 p.m.) Page 2 of 11

3 PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Four (4) minute time limit per speaker) Shawn Thomas, Thomas & Thomas Grocery/McCarter's Grocery Store, spoke on 18c. (See 5:02 p.m.) Angela McClary, spoke on 18a. (See 5:10 p.m.) Respect Leaphart spoke on 18a. (See 5:13 p.m.) Wayne Fulcher spoke on 18c. (See 5:16 p.m.) Gregory Ballard spoke on 18c. (See 5:21 p.m.) Anthony Thomas, Jr. spoke on 18b and 18d. (See 5:21 p.m.) Earl Loggins spoke on 18c. (See 5:28 p.m.) Public Hearings: (15-18) (Public input will be heard during the public hearing) Page 3 of 11

4 CONSENT AGENDA (Item Nos. 4-14) 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 meeting held on August 3, Business tax receipt to John Improta to operate Articulture Studio Z, a tattoo parlor and merchant retail business, located at 2400 First Street, Unit 104 (Ward 4) 5a. Business tax receipt to Eran Bavli, owner, Iveria Enterprises, Inc., for a Second Hand Dealer business to operate a jewelry store located at 4480 Cleveland Avenue (Ward 5) 6. Renewal of Host Agency Agreement - with AARP Foundation Senior Community Service Employment Program for training and work experience for seniors effective, through August 31, Single source procurement, in the amount of $142,116, with The Jacobs Group, Inc. dba Jacobs Air Water Systems to provide repacking services to 2 existing degasifiers at the Water Treatment Plant (Ward 2) Page 4 of 11

5 CONSENT AGENDA - Continued 8. Submerged Land Lease, in the amount of $1 per year, with Lee County for Channel Markers/Buoys for period of 20 years (Ward 2 and Ward 4) 9. Annual Temporary Outdoor Activity Permit for Paul Schmidgall, owner, Fire & Rice LLC, to operate an outdoor catering service with a vendor tent, grill, and tables, located at 2211 Widman Way (Ward 4) 10. Agreement By and Between the City of Fort Myers, Lee County, and HML Properties, LLC to assure that future development of the adjacent properties along the extension of North Airport Road near Page Field General Aviation Airport to Metro Parkway do not constitute an airport hazard and comply with requirements of the Federal Aviation Administration (Ward 5) 11. Ranking of firms for Organizational Structure Efficiency Analysis Community Development Department, Request for Qualifications No , and authorize negotiations with the number one ranked firm. Removed from Consent Agenda for discussion by Councilman Flanders. 1. Matrix Consulting Group 2. APD Urban Planning & Management, LLC 3. WFN Consulting Page 5 of 11

6 CONSENT AGENDA - Continued 11a. Ranking of firms for Financial Auditing Services for the City of Fort Myers, Florida Financial Statements, Request for Proposals No , and authorize negotiations with the number one ranked firm. Removed from Consent Agenda for discussion by Councilman Banks. 1. CliftonLarsonAllen LLP 2. Moore Stephens Lovelace 3. Mauldin & Jenkins, LLC 12. Acceptance and maintenance of potable water and sanitary sewer utilities for Bridgetown at the Plantation Phase 2, located at Treeline Avenue, from Centex Homes (Ward 6) 13. Acceptance and maintenance of potable water and sanitary sewer utilities for Bridgetown at the Plantation, Kingsbridge Extension, Phase 3A, located at Kingsbridge Boulevard, from Centex Homes (Ward 6) 14. State Housing Initiative Partnership annual reports and close out reports for Fiscal Years , , and ITEMS REMOVED FROM CONSENT AGENDA 8. Submerged Land Lease, in the amount of $1 per year, with Lee County for Channel Markers/Buoys for period of 20 years (Ward 2 and Ward 4) Denied. (See 5:32 p.m.) Page 6 of 11

7 ITEMS REMOVED FROM CONSENT AGENDA - Continued 11a. Ranking of firms for Financial Auditing Services for the City of Fort Myers, Florida Financial Statements, Request for Proposals No , and authorize negotiations with the number one ranked firm. (See 5:41 p.m.) 1. CliftonLarsonAllen LLP 2. Moore Stephens Lovelace 3. Mauldin & Jenkins, LLC PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 15. Ordinance No amending Ordinance No for a Planned Unit Development known as 2500 Edwards Drive to change the name to Campo Felice and to extend the timeframes for construction by two years to commence and five years to complete the redevelopment project located at 2500 Edwards Drive, as requested by Bruce Strayhorn, Esq., Strayhorn & Persons Law Firm, representing Robert MacFarlane, owner, MacFarlane Group LLC (Ward 4) (Quasi-Judicial) 16. Ordinance No amending the City Code Chapter 94, Vehicles for Hire, Article II Taxicabs Ordinance No adopted. (See 5:42 p.m.) Ordinance No adopted. (See 5:49 p.m.) Page 7 of 11

8 PUBLIC HEARINGS - Continued 17. Ordinance No amending the Land Development Code, Chapter 118, Land Use Regulations, Article 8 Downtown Smart Code, Section Land Use Regulations, Subsection A Applicable to all Land Use Districts, deleting subparagraph 4 Density and Height Limits in the Coastal High Hazard Area downtown (Ward 2 and Ward 4) 18. Resolution vacating two drainage easements located in the center of the parcel at 2101 Barker Boulevard, as requested by John Tobler, agent for the property owner (Ward 2) (Quasi-Judicial) Ordinance No (See 6:00 p.m.) Resolution No adopted. (See 6:01 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 18a. Discuss the recent shooting of 12 year old Luxury Vance and reading of a poem from her big sister, Respect Leaphart, on the violence in our community (Councilwoman Watson) 18b. Add a Charter amendment for term limits of eight years to the November General Election ballot (Councilwoman Watson) 18c. Discuss Police Department and code enforcement interaction with community stores in the Dunbar community (Councilwoman Watson) 18d. Discuss implementing Gun Buyback Program known as Cash for Guns initiative to help keep the City safe (Councilwoman Watson) 18e. Discuss Southwest Florida Regional Planning Council (Councilman Banks) (See 6:04 p.m.) Motion died for lack of second. (See 6:06 p.m.) (See 6:30 p.m.) (See 6:40 p.m.) (See 6:45 p.m.) Page 8 of 11

9 CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION - Continued 18f. Discuss appointing an interim city manager (Councilman Flanders) 19. Designate Councilman Forrest Banks as a member of the City Canvassing Board for its meeting on September 18, 2015, to certify the results of the Primary Election (Mayor Henderson) 20. Nomination of Marvin Jackson Burges, Jr., as alternate member, for appointment to the Board of Adjustments, term effective, through August 16, 2018 (Mayor Henderson) 20a. Nomination of Blake Adam Bartholomew, as alternate member, to the Board of Adjustments, term effective August 2, 2015, through August 1, 2018 (Mayor Henderson) 20b. Nomination of James Michael Ink for reappointment to the Planning Board, term effective October 1, 2015, through September 30, 2018 (Councilman Leonardo) (See 6:50 p.m.) (See 7:19 p.m.) (See 7:20 p.m.) (See 7:20 p.m.) (See 7:21 p.m.) 21. Report on advisory board vacancies (See 7:21 p.m.) Page 9 of 11

10 PERMISSION TO ADVERTISE 21a. Ordinance calling for a special election at the general election on November 3, 2015, for a Charter amendment to prohibit new junk yards or recycling centers or expansion of existing junk yards or recycling centers except as approved by referendum unless the City is required by law to grant such approval without referendum 21b. Tax Equity and Fiscal Responsibility Act public hearing approving issuance of bonds by the Capital Trust Agency to fund a loan to Sunny Senior Living LLC to finance the cost of financing or refinancing the acquisition, rehabilitation, construction, development, installation and equipping of a 323 unit independent senior living facility to be known as Campo Felice Senior Living Facility, 2500 Edwards Drive (Ward 4) Permission to advertise Ordinance No for a public hearing. (See 7:21 p.m.) Permission to advertise for a public hearing. (See 7:23 p.m.) CITY MANAGER S ITEMS 22. Final Plat for Arborwood Preserve, Phase 1 with a preconstruction address of Commerce Lakes Drive (Ward 6) (See 7:24 p.m.) CITY ATTORNEY S ITEMS CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION - Continued Walkon Walkon Motion to walk on item: Discuss Police Department and its future (Councilman Streets) Discuss Police Department and its future (Councilman Streets) (See 7:24 p.m.) (See 7:25 p.m.) Page 10 of 11

11 Adjourned: 7:30 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 11 of 11

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