AGENDA FOR THE REGULAR MEETING OF THE CAPE CORAL CITY COUNCIL. June 1, :30 PM Council Chambers

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1 Mayor Marni L. Sawicki Council Members District 1: James D. Burch District 2: John M. Carioscia Sr. District 3: Leonard Nesta Jr. District 4: Richard Leon District 5: Rana M. Erbrick District 6: Richard Williams District 7: Derrick Donnell, Ed.D, City Manager John Szerlag City Attorney Dolores Menendez City Auditor Margaret Krym City Clerk Rebecca vandeutekom 1015 Cultural Park Blvd. Cape Coral, FL AGENDA FOR THE REGULAR MEETING OF THE CAPE CORAL CITY COUNCIL June 1, :30 PM Council Chambers PLEDGE OF CIVILITY We will be respectful of each other even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 1. MEETING CALLED TO ORDER A. MAYOR SAWICKI 2. INVOCATION/MOMENT OF SILENCE A. COUNCILMEMBER NESTA 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL A. MAYOR SAWICKI, COUNCIL MEMBERS BURCH, CARIOSCIA, DONNELL, ERBRICK, LEON, NESTA, WILLIAMS 5. CHANGES TO AGENDA/ADOPTION OF AGENDA 6. RECOGNITIONS/ACHIEVEMENTS A. None. 7. APPROVAL OF MINUTES A. Regular Meeting - May 11, BUSINESS A. PUBLIC COMMENT - CONSENT AGENDA A maximum of 45 minutes is set for input of citizens on matters concerning the Consent Agenda; 3 minutes per individual.

2 B. CONSENT AGENDA (1) Resolution 6-15 Approve awards for Bid #ITB-FD15-36/KS, for the purchase of medical supplies at the unit price bid, not to exceed budgetary limits, to: Bound Tree Medical, LLC, Diamond Drugs, Inc., d/b/a Diamond Medical Supply, Henry Schein, Inc., Midwest Medical Supply Co. LLC., Moore Medical LLC., Quadmed, Inc., School Health Corp. and Southeastern Emergency Equipment. Awarding to the lowest responsive, responsible bidder per item with the exception of items that do not allow substitution. Estimated annual amount of $108,718 for a period of two years and authorize City Manager to approve purchase orders. Fire Department: $108,718 estimated annually (General Fund) (2) Resolution Approve Piggybacking the Manatee County School District Contract # MR with Playmore West, Inc., d/b/a Playmore Recreational Products & Services for the Purchase and Installation of Playground Equipment at Four Freedoms Park and the Yacht Club and for Purchase and Installation of Super Lawn Grass at Four Freedoms Park and the Youth Center and authorize the City Manager to execute the contract in the amount of $219, The Manatee County School District Contract was awarded by competitive bid. Department: Parks & Recreation Total Dollar Amount $221, (General Fund) (3) Resolution Approval for funding of $380,000, in Fiscal Year 2015, for a Sewer Vacuum Truck to replace asset # The estimated cost to overhaul the unit is $83,000. The truck chassis has 56,569 miles, the system has 8,477 hours (the estimated lifecycle is 8K to 9K) and the current life to date maintenance cost is $109, This unit is scheduled for replacement in the FY2017 vehicle replacement plan. Authorize the City Manager to approve the purchase order for said equipment utilizing the City's Procurement Ordinance Section Department: Utilities Dollar Value: Estimated $380,000 (Water & Sewer Fund) (4) Resolution Approval of contract for purchase of Lots 1 and 2, Block 4540, Unit 44 Part 1, Cape Coral Subdivision, 730 SW 51st Terrace, for the relocation of Lift Station 120 from the Skyline Boulevard median, for the purchase price of $58, plus estimated closing costs not to exceed $1, Department: Financial Services / Real Estate Dollar Value: $59, (Water and Sewer Fund) (5) Resolution Approval of purchase contract for the purchase of Lots 4 and 5, Block 2157, Unit 32, Cape Coral Subdivision, 1106 NE 23rd Terrace, Cape Coral, for the future expansion of the Lake Meade Park area for the purchase price of $8,000 plus estimated closing costs not to exceed $750. Department: Financial Services / Real Estate Division Dollar Value: $8, (Parks Capital Project Fund)

3 (6) Resolution Approval of Purchase Contract for the purchase of Lots 15 and 16, Block 2158, Unit 32, Cape Coral Subdivision, 1128 NE 23rd Street, Cape Coral, for the future expansion of the Lake Meade Park area for the purchase price of $8,000 plus estimated closing costs not to exceed $750. Department: Financial Services / Real Estate Division Dollar Value: $8, (Parks Capital Project Fund) (7) Resolution Approval of Purchase Contract for the purchase of Lots 17 and 18, Block 2158, Unit 32, Cape Coral Subdivision, 1129 NE 22nd Terrace, Cape Coral, for the future expansion of the Lake Meade Park area for the purchase price of $8,000 plus estimated closing costs not to exceed $750. Department: Financial Services / Real Estate Division Dollar Value: $8, (Parks Capital Project Fund) (8) Resolution Coral Lakes PDP Subdivision Plat Approval Department: Department of Community Development Dollar Value: N/A (9) Resolution Acceptance of Impaired Driving Enforcement Funding. Department: Police Dollar Value $45,000 No matching funds required C. CITIZENS INPUT TIME A maximum of 45 minutes is set for input of citizens on matters concerning the City Government to include Resolutions appearing in sections other than Consent Agenda or Public Hearing; 3 minutes per individual. D. PERSONNEL ACTIONS (1) None. E. PETITIONS TO COUNCIL (1) None. F. APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS (1) None. 9. ORDINANCES/RESOLUTIONS A. Public Hearings (1) Ordinance PDP * Final Public Hearing *Quasi Judicial, All Persons Testifying Must be Sworn In An ordinance amending Ordinance 67-95, as amended by Ordinance 57-10, approving a Planned Development Project entitled "Gulf Coast Village," granting deviations, expanding the boundary of the project, granting amendments to the

4 Phasing Plan and Master Buffer Plan, granting Master Development Plan approval. (2) Ordinance Final Public Hearing An ordinance providing for the release of the public utility easements in those certain deeds recorded at Deed Book 291, Page 365, and Deed Book 315, Page 370, of the Public Records of Lee County, Florida, located in the easterly 5 feet of Lots 15 and 19, Block A, Del Pine Manor, an unrecorded subdivision; authorizing the Mayor to execute a release of said public utility easements and a quit claim deed; property is located at 1340 Hibiscus Drive and 1376 Hibiscus Drive. (3) Resolution Final Public Input B. Introductions WHAT THE RESOLUTION ACCOMPLISHES: The resolution approves the issuance by the City of Cape Coral Health Facilities Authority of its Senior Housing Revenue Bonds (Gulf Care Inc. Project), in an amount not to exceed $85,000,000 and the loan of the proceeds thereof to Gulf Care, Inc. (1) Ordinance Set Public Hearing for June 15, 2015 The ordinance provides a definition of amplified sound and equipment and regulates the use of amplified sound at special events and sets forth penalties for violations. (2) Ordinance Set Public Hearing for June 15, 2015 Approving a referendum to amend the Cape Coral City Charter to limit the amount of severance pay upon at-will termination of employment of Assistant City Managers and City Department Heads, from up to four month's salary as is currently provided, to up to four month's salary or an amount otherwise provided by state law, whichever is less. (3) Ordinance Set Public Hearing for June 15, 2015 Approving a referendum to amend the Cape Coral City Charter to decrease the affirmative vote of Council needed to override a veto by the Mayor of a line item in the City Budget from two thirds of the Council to a majority of the Council present, but in no event less than four members of Council. (4) Ordinance Set Public Hearing for June 15, 2015 Approval for referendum to amend the Cape Coral City Charter to provide that Council members shall receive an annual salary of $32,600 and the Mayor shall receive an annual salary of $36,600 effective October 1, 2016, rather than an amount

5 based upon the number of registered voters each year. The salaries of the City Council and Mayor shall be adjusted annually beginning in January, 2018 by the percentage amount of the Social Security cost of living adjustment. (5) Ordinance Set Public Hearing for June 15, 2015 Approving a referendum to amend the Cape Coral City Charter by replacing the City of Cape Coral's existing regulations and prohibitions for enacting emergency ordinances with the provision that the City may enact emergency ordinances in accordance with state law. (6) Ordinance Set Public Hearing for June 15, 2015 Provides for a referendum to amend the Cape Coral City Charter by decreasing the number of signatures required for an initiative or referendum petition from fifteen percent (15%) to ten percent (10%) of the total number of qualified electors registered to vote at the last regular city election. (7) Ordinance Set Public Hearing for June 15, 2015 Provides for a referendum to amend in the Cape Coral City Charter the classes of individuals that cannot be discriminated against with respect to any city position or appointive city administrative office, to add classes not previously prohibited such as color, religion, sexual orientation, national origin, age, handicap, marital status, and/or any other class protected under federal, state or local law. (8) Ordinance Set Public Hearing for June 15, 2015 Provide for a referendum to amend the Cape Coral City Charter to decrease the number of members of the Charter Review Commission appointed by City Council from nine (9) members to seven (7) members, and creating two (2) alternate member positions. Alternate members would be able to participate in all discussions, but may vote only when substituting for an absent regular member. (9) Ordinance Set Public Hearing for June 15, 2015 An ordinance declaring a triangular-shaped parcel of property adjacent to a bridge as unusable municipal surplus real property no longer needed by the City and authorizing the Mayor and City Clerk to execute a deed conveying the surplus real property to the owners of 2603 SW 5th Avenue after the grantees have constructed a seawall upon said property. 10. UNFINISHED BUSINESS A. Resolution Approval of Strategic Plan and Performance Measurement Manual

6 11. NEW BUSINESS A. Resolution Award Request for Proposals RFP-DCD15-20/CH for Analyzing and Writing Land Use and Development Regulations to Calvin, Giordano & Associates and authorize the City Manager to execute the contract. Department: Department of Community Development Total Dollar Amount $198,000 (General Fund) B. Utility Settlement Funds C. Community Development Block Grant (CDBG) Discussion 12. REPORTS OF THE MAYOR AND COUNCIL MEMBERS 13. REPORTS OF THE CITY ATTORNEY AND CITY MANAGER 14. TIME AND PLACE OF FUTURE MEETINGS A. A Committee of the Whole Meeting is Scheduled for Wednesday, June 3, 2015 at 4:30 p.m. in Council Chambers B. A Regular City Council Meeting is Scheduled for Monday, June 8, 2015 at 4:30 p.m. in Council Chambers 15. MOTION TO ADJOURN GENERAL RULES AND PROCEDURES REGARDING THE CAPE CORAL CITY COUNCIL AGENDA In accordance with the Americans with Disabilities Act and Section of , Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty-eight (48) hours prior to the date of the meeting. If hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. Persons wishing to address Council under Citizens Input or the Consent Agenda may do so during the designated times at each meeting. No prior scheduling is necessary. All speakers must have their presentations approved by the City Clerk's office no later than 3:00 PM the day of the meeting. Any citizen may appear before the City Council at the scheduled PUBLIC HEARING/INPUT to comment on the specific agenda item being considered. No prior scheduling is necessary. Members of the audience who address the City Council shall step up to the speaker's lectern and give his or her full name, address, and whom he or she represents. Proper decorum shall be maintained at all times. Any audience member who is boisterous or disruptive in any manner to the conduct of this meeting shall be asked to leave or be escorted from the meeting room. Copies of the agenda are available in the main lobby of Cape Coral City Hall and in the City Council Office, 1015 Cultural Park Boulevard. Copies of all back-up documentation are also available for review in the lobby of Council Chambers. You are asked to refrain from removing any documentation. If you desire copies, please request they be made for you. Copies are 15 cents per page. Agendas and back-up documentation are

7 also available on-line on the City website (capecoral.net) after 4:00 PM on the Thursday prior to the Council Meeting. *PUBLIC HEARINGS DEPARTMENT OF COMMUNITY DEVELOPMENT CASES In all public hearings for which an applicant or applicants exist and which would affect a relatively limited land area, including but not limited to PDPs, appeals concerning variances or special exceptions, and small-scale rezonings, the following procedures shall be utilized in order to afford all parties or their representatives a full opportunity to be heard on matters relevant to the application: 1. The applicant, as well as witnesses offering testimony or presenting evidence, will be required to swear or affirm that the testimony they provide is the truth. 2. The order of presentation will begin with the City staff report, the presentation by the applicant and/or the applicant's representative; witnesses called by the applicant, and then members of the public. 3. Members of the City Council may question any witness on relevant issues, by the applicant and/or the applicant's representative, City staff, or by any member of the public. 4. The Mayor may impose reasonable limitations on the offer of testimony or evidence and refuse to hear testimony or evidence that is not relevant to the issue being heard. The Mayor may also impose reasonable limitations on the number of witnesses heard when such witnesses become repetitive or are introducing duplicate testimony or evidence. The Mayor may also call witnesses and introduce evidence on behalf of the City Council if it is felt that such witnesses and/or evidence are necessary for a thorough consideration of the subject. 5. After the introduction of all-relevant testimony and evidence, the applicant shall have the opportunity to present a closing statement. 6. If a person decides to appeal any decision made by the 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.