Ward 2 Johnny W. Streets, Jr. Ward 3 Terolyn P. Watson CITY COUNCIL CHAMBERS, 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 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 (4:30 p.m.) Opening Prayer The meeting was opened with prayer by Mayor Henderson. (See 4:30 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 4:31 p.m.) Roll Call Absent: None. (See 4:31 p.m.) PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Proclamation proclaiming March 9, 2016, as Art League of Fort Myers Day Mayor Henderson read and presented the proclamation to John Pappas, Art League of Fort Myers. (See 4:31 p.m.) Page 1 of 9

2 PROCLAMATIONS AND SPECIAL PRESENTATIONS - Continued 2. Proclamation proclaiming March 2016 Believing in Girls Month Mayor Henderson read and presented the proclamation to Judge James Seals, PACE Center for Girls. (See 4:36 p.m.) 3. Presentation of Fiscal Year Public Art Program Annual Plan and Annual Budget as proposed by the Public Art Committee PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Four (4) minute time limit per speaker) A motion was not made. (See 4:45 p.m.) Garey Butler spoke on Item 15. Anthony Thomas, Jr. spoke on Items 17b and 17c. Public Hearings: (There are no Public Hearings) CONSENT AGENDA (Item Nos. 4-12) 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 February 16, 2016 Page 2 of 9

3 CONSENT AGENDA Continued 5. Amendment No. 1 to Construction Manager-At-Risk Continuing Contract, Request for Qualifications No PW, with Tobler/O-A-K, Joint Venture by changing the name to Tobler/O-A-K Joint Venture, LLC and Authorize the City of Fort Myers Community Redevelopment Agency to enter into Supplemental Task Authorization No. 3, in the amount of $578,346, under City of Fort Myers Construction Manager-At-Risk Continuing Contract, Request for Qualifications No PW with Tobler/O-A-K Joint Venture, LLC, for McCollum Hall Exterior Renovations - Phase I, 2701 Dr. Martin Luther King, Jr. Boulevard (Ward 2) 6. Amendment No. 2 to Professional Services Agreement Continuing Contract, Structural Engineering Services for City of Fort Myers, Request for Qualifications No PW with TKW Consulting Engineers, Inc., exercising the final one year option to renew effective December 21, 2015, through December 20, Amendment No. 2 to Professional Services Agreement Continuing Contract, Utility Engineering Services for City of Fort Myers, Request for Qualifications No PW with DeLisi Fitzgerald, Inc., exercising the final one year option to renew effective January 3, 2016, through January 2, 2017 Page 3 of 9

4 CONSENT AGENDA Continued 8. Submittal of online grant application, in the amount of $59,733.82, to Florida Traffic Safety Information Systems Federal Fiscal Year 2017 Request for Section 405 Funding, for Hardware Grant for ecrash and ecitation Program for the Police Department 9. Use & Occupancy Agreement, in the monthly amount of $450, with Vernestine Lias to take possession of the property located at 3632 American Avenue until approval for first mortgage is secured and closing can take place (Ward 2) 10. Settlement Agreement and General Release By and Between the City of Fort Myers and Wanda Ferguson, in the not to exceed amount of $1,200, for alleged damages as a result of fumigation (Ward 2) 11. Continuation of waiver of Payment In Lieu of Taxes due from the Housing Authority of the City of Fort Myers with respect to the current and future Phases of Renaissance Preserve which will remain in effect for as long as the Renaissance Preserve Community is restricted to low income or workforce housing 11a. Purchase Order Change Order No. 1, in the amount of $35,418.80, to Purchase Order No with Seminole Gulf Railway, LP for work on Winkler Avenue up to and including the area east of the railroad tracks, AX , increasing the contract amount from $192, to $227, (Ward 3) Page 4 of 9

5 CONSENT AGENDA Continued 11b. Change Order No. 1, in the amount of $16,631.78, to Task Authorization No. 1 to Construction Manager-at-Risk Continuing Contract Request for Qualifications No PW with Tobler/O-A-K Joint Venture for Carson Street, Clifford Street, Broadway Circle and Promenade West Utility Improvements decreasing the contract amount from $702, to $685, and Close Out the project (Ward 3, Ward 4, and Ward 6) 11c. Bid No , Colonial Terrace Area A Utility & Drainage Improvements Project, in the amount of $1,461,166.63, to Denco Construction, Inc. (Ward 5) 11d. Quit Claim Deed from BJ Holdings of Fort Myers, LLC for the ownership of the 30 foot right-of-way of East Michigan Avenue at Ortiz Avenue in Section 16, Township 44 South, Range 25 East (Ward 2) 11e. Grant application, in the amount of $89,744, to Lee County Natural Resources Division/WCIND Waterway Development Program for the WCIND Waterway Development Program for the Police Department Marine Unit, with an in-kind match of $124,087, representing 100% of a police officer s salary and benefits for a total project cost of $213, Issuance of a Business Tax Receipt to Inksane Tattoo Studio, Inc. to operate a tattoo parlor and merchant retail business located at 3581 Fowler Street (Ward 4) Removed from the consent agenda for discussion by Councilman Flanders. Page 5 of 9

6 ITEM REMOVED FROM CONSENT AGENDA 11b. Change Order No. 1, in the amount of $16,631.78, to Task Authorization No. 1 to Construction Manager-at-Risk Continuing Contract Request for Qualifications No PW with Tobler/O-A-K Joint Venture for Carson Street, Clifford Street, Broadway Circle and Promenade West Utility Improvements decreasing the contract amount from $702, to $685, and Close Out the project (Ward 3, Ward 4, and Ward 6) (See 5:08 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 13. Appointments to the Metropolitan Planning Organization Board (Mayor Henderson) 14. Report on status of advisory board vacancies Approval of appointment of Councilman Johnny W. Streets, Jr., as a regular member, term effective, through November 15, 2017, filling the term of Thomas C. Leonardo, who did not run for re-election, and the appointment of Councilwoman Gaile H. Anthony, as alternate member, term effective, through December 16, 2017, filling the term of Councilman Johnny W. Streets, Jr., who was appointed as a regular member. (See 5:10 p.m.) A motion was not made. (See 5:13 p.m.) Page 6 of 9

7 PERMISSION TO ADVERTISE 15. Ordinance amending Chapter 98 Administration, Article 3 Procedures, Section Common Review Procedures, Subsection H. Notice of public hearing; Section Conditional Uses, Subsection B. Notice of public hearing; and deleting Section Dr. Martin Luther King Jr. Boulevard Interim Development Approval Process 16. Ordinance amending Chapter Land Use Regulations, Article 8. Downtown Smart Code, Section Generally, Subsection B. Terms and definitions; Section Land Use District Regulations, Subsection A. Applicable to all land use districts, Paragraph 3. Uses permitted/adverse impact uses in general (Ward 2 and Ward 4) 17. Invitation for Proposals for the lease of 1603 Fowler Street, a parking lot containing 5,043 square feet, more or less, zoned Urban Center in the Downtown Community Redevelopment Area, pursuant to Florida Statute (Ward 4) Removed by Robert Gardner, Director, Community Development Director, on March 3, Permission to advertise Ordinance No for a public hearing. (See 5:13 p.m.) Permission to advertise for proposals. (See 5:14 p.m.) CITY MANAGER S ITEMS 17a. Resolution adopting the preliminary assessment roll for Special Assessment Geographical Area No. 60 Edison Park Decorative Street Lighting and Signage Improvement Project Area for decorative street lighting and signage improvements in the Edison Park Historic District generally between McGregor Boulevard and Cortez Boulevard north of Manuel's Branch and south of Larchmont Avenue (Ward 4) Resolution No adopted. (See 5:15 p.m.) Page 7 of 9

8 CITY ATTORNEY S ITEMS 17b. Settlement, in the amount of $18,999, regarding Joseph Bucci v. City of Fort Myers, Case No.: 14-CA c. Settlement, in the amount of $28,000, regarding Lewis Long v. City of Fort Myers, Case No.: 13-CA (See 5:19 p.m.) (See 5:30 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION - Continued 17d. Rules for public speakers: public comments regarding agenda items should be limited to those items and public comments regarding non-agenda items should be at the end of the meeting (Councilman Flanders) 17e. Report on Coors Golf Invitational at Fort Myers Country Club (Councilman Banks) A motion was not made. (See 5:44 p.m.) A motion was not made. (See 5:47 p.m.) 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-AGENDA 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 8 of 9

9 PUBLIC COMMENT - NON-AGENDA 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.) Tony Peterson, Jr., student at Florida Gulf Coast University, spoke on the condition of sidewalks. (See 5:48 p.m.) Tiffany Marrero, student at Florida Gulf Coast University, spoke on becoming involved in government. (See 5:50p.m.) Jerry Miller, resident, spoke on the water releases from Lake Okeechobee. (See 5:53 p.m.) Adjourned: 5:59 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 9 of 9