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 4:37 p.m.) Opening Prayer The meeting was opened in prayer by Reverend Israel Suarez, Fort Myers Police Chaplin. (See 4:37 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 4:38 p.m.) Roll Call Absent: None (See 4:39 p.m.) PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Proclaim the week of October 7 through October 13, 2018, as Fire Prevention Week 2. Proclaim the week of October 6-12, 2018, as National Physician Assistant Week (See 4:40 pm) (See 4:47 pm) Page 1 of 9

2 PROCLAMATIONS AND SPECIAL PRESENTATIONS (Continued) 3. Proclaim October 2018 as Dysautonomia Awareness Month 4. Proclaim the month of October 2018 as National Cyber Security Awareness Month 5. Presentation by Mayor Kevin Ruane, City of Sanibel (See 4:49 pm) (See 4:55 pm) It was moved by Councilperson Burson, seconded by Councilperson Brown and unanimously approved to contribute $5,000 and be an Intervener pursuant to Florida Statutes and the State of Florida Division of Administrative Hearing, City of Sanibel, Town of Fort Myers Beach and City of Cape Coral petitioners versus South Florida Water Management District Case Number RP. (See 5:02 pm) 6. Presentation by Rev. Israel Suarez, Fort Myers Police Chaplin (See 5:26 pm) APPROVAL OF WALK-ON AGENDA ITEMS (NONE) PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Three (3) minute time limit per speaker) Anthony Thomas, resident, spoke on Item No. 8, and the meetings pertaining to the Jones Walker Apartments. See video at 5:37 p.m. Page 2 of 9

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. 7. Minutes of the regular City Council meeting held on September 17, 2018, and the special City Council meeting held on September 13, Change Order #7 to Purchase Order , in the amount of $91,532.95, for JSM Services, Inc. for Ballfield Renovations at Billy Bowlegs Park located at 951 Marsh Ave (Ward 1) Interlocal Agreement between Lee County and the City of Fort Myers for Stray Animal Control Services 10. Fiscal Year 2018 Budget amendments to nonutility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $17,630,722; 2) Increase project budgets for Centennial Park Sidewalks, $4,105, Solid Waste Office Building, $100,000, Underground FPL Lines, $50,000, Winkler Canal Shared Use Path Study, $242 and J. Yarborough Linear Park Study, $202; 3) Reduce project budgets for Playground Equipment, $280,000, Decorative Streetlight Painting, $100,000 and Traffic Signal Painting, $50,000; and 4) Remove projects, Relocation of Boat Ramp, $2,300,000, Imaginarium HVAC, $102,232 and Southwest Florida Museum of History Archive, $97,000. Removed from Consent Agenda for discussion by Councilperson Burson and Councilperson Streets. Page 3 of 9

4 CONSENT AGENDA (Continued) 11. Fiscal Year 2018 Budget amendments to utility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $37,106,236.11; 2) Increase budget for the Internal Recycle Pump project in the amount of $35,000; 3) Reduce project budgets for Nitrification Gear Box SWWTP, $100,000 and Reclaimed Water Production 100% CWWTP, $2,405,986; and 4) Remove projects, Nitrification Gear Box, $800,000, Sludge Leakage Repair, $670,000, Alum. Storage/Fee System, $80,182.77, Plant Mixer/Motor, $306,002, Odor Control, $125,000, Plant Structural Rehab, $911,147.60, Forklift, $79,479, Dumpster Bay, $29,400, Digester Rehab, $200,000 and Laboratory Ductwork & Blowers, $100, Amendment No. 1, in the amount of $1,517,829.22, to Task Authorization No. 7, Construction Manager At-Risk Continuing Contract Agreement, Request for Qualifications No PW with Tobler/O-A-K Joint Venture LLC for the Bellevue Park Utility Improvement Project (Ward 2) 13. Waiver of the formal solicitation process with Fiber Solutions, in the amount of $141,502.84, for the City of Fort Myers Sanitation Administrative Office, Public Works Department, and authorize the execution of Proposals #19058, 19059, 19060, 19062, for cabling and fiber infrastructure (Ward 2) 14. Memorandum of Understanding with the Center for Law Enforcement Technology, Training & Research, Inc. (LETTR) to consolidate resources and intellectual property associated with the Florida Integrated Network for Data Exchange and Retrieval (FINDER). Removed from Consent Agenda for discussion by Councilperson Burson and Councilperson Streets. Removed from Consent Agenda for discussion by Councilperson Burson and Councilperson Streets. Page 4 of 9

5 CONSENT AGENDA (Continued) 15. Agreement of Sub-grant Funding, in the amount of $127,008, with Lee County Natural Resources Division/WCIND Waterway Development Program, for the 2018 WCIND Waterway Development Program (L-503), for the Police Department Marine Unit 16. Amendment #8 adding additional requirements for Federal Grant Funds (CFR Uniform Guidance) to Section 2, Source Selection, to the Purchasing Procedures Manual 17. Change Order No. 2, to Task Authorization No. 9, in the amount of $244,099.60, to Construction Manager At-Risk Continuing Contract No. RFQ # PW with Tobler/O-A-K Joint Venture, LLC, for the Utility Replacement project, Peck Street from Jackson Street to Central Avenue (Ward 4) ITEMS REMOVED FROM CONSENT AGENDA 10. Fiscal Year 2018 Budget amendments to nonutility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $17,630,722; 2) Increase project budgets for Centennial Park Sidewalks, $4,105, Solid Waste Office Building, $100,000, Underground FPL Lines, $50,000, Winkler Canal Shared Use Path Study, $242 and J. Yarborough Linear Park Study, $202; 3) Reduce project budgets for Playground Equipment, $280,000, Decorative Streetlight Painting, $100,000 and Traffic Signal Painting, $50,000; and 4) Remove projects, Relocation of Boat Ramp, $2,300,000, Imaginarium HVAC, $102,232 and Southwest Florida Museum of History Archive, $97,0000 (See 5:50 p.m.) Page 5 of 9

6 ITEMS REMOVED FROM CONSENT AGENDA (Continued) 11. Fiscal Year 2018 Budget amendments to utility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $37,106,236.11; 2) Increase budget for the Internal Recycle Pump project in the amount of $35,000; 3) Reduce project budgets for Nitrification Gear Box SWWTP, $100,000 and Reclaimed Water Production 100% CWWTP, $2,405,986; and 4) Remove projects, Nitrification Gear Box, $800,000, Sludge Leakage Repair, $670,000, Alum. Storage/Fee System, $80,182.77, Plant Mixer/Motor, $306,002, Odor Control, $125,000, Plant Structural Rehab, $911,147.60, Forklift, $79,479, Dumpster Bay, $29,400, Digester Rehab, $200,000 and Laboratory Ductwork & Blowers, $100, Amendment No. 1, in the amount of $1,517,829.22, to Task Authorization No. 7, Construction Manager At-Risk Continuing Contract Agreement, Request for Qualifications No PW with Tobler/O-A-K Joint Venture LLC for the Bellevue Park Utility Improvement Project (Ward 2) (See 5:51 p.m.) (See 5:52 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 18. Reappointment of Mary Regina Sabiston to the Historic Preservation Commission, term effective through September 30, 2021 (Councilperson Anthony) 19. Reappointment of Ava Roeder, as an alternate member, to the Public Art Committee, term effective, through September 30, 2021 (Mayor Henderson). (See 5:52 p.m.). (See 5:53 p.m.) Page 6 of 9

7 CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION (Continued) 20. Report on 31 advisory board vacancies PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) (See 5:53 p.m.) 21. SECOND PUBLIC HEARING: Ordinance 3841, amending Ch. 118 Land Use Regulations 22. Ordinance No approving the 3066 Cranford Avenue (A & D Scrap) Planned Unit Development (Quasi-Judicial) (Ward 3) Ordinance 3841 adopted. (See 5:54 p.m.) Nicole DeVaughn, Planning Manager, provided a staff report and back up to the record, citing 2 corrections to the Ordinance. Ms. DeVaughn noted it would be limited to recycling operations only. Anthony Thomas, resident, spoke on conflict of interest renumeration concerns. It was moved by Councilperson Anthony, seconded by Councilperson Streets and unanimously approved to adopt Ordinance No approving the 3066 Cranford Avenue (A & D Scrap) Planned Unit Development, including the request to strike the word paper from Page 2, Section 4. Ordinance No adopted. (See 5:57 p.m.) Page 7 of 9

8 PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) (Continued) 23. Ordinance No Declaring the Intention of the City of Fort Myers, Florida, to Change its Territorial Limits by the Voluntary Annexation of an Unincorporated Tract of Land lying contiguous to the Boundary Limits of the City; and Finding that the Conditions of Chapter 171, Laws of Florida, exist for Annexation of said tract of land, and providing an effective date (Ward 6) 24. Purchase and Sale Agreement and Addendum to the Purchase and Sale Agreement in the amount of $236,500, plus closing costs with Matt Montgomery Trustee, owner, for the purchase of Ben C Pratt Six Mile Cypress Parkway, for the future location of Fire Station No. 7 (Ward 6) 25. Resolution No to approve the vacation of unimproved right-of-way easement located on 3066 Cranford Avenue (Quasi-Judicial) (Ward 3) 26. Resolution No amending the Forum DRI Development Order (D.O.) to amend Map H to include a right-in/right-out onto S.R. 82 and delete the Hanson Street right-of-way, as requested by Neale Montgomery, Esq., agent for Champion Development Corporation (Quasi-Judicial) (Ward 6) Ordinance No adopted. (See 6:22 p.m.). (See 6:25 p.m.) Resolution No adopted. (See 6:26 p.m.) Nicole DeVaughn, Planning Manager, noted changes to Map H, and a change to the resolution to extend expiration date to December 15, Kevin Winter, P.E., Johnson Engineering, Inc., noted that Map H is pending United States Department of Transportation approval Resolution No adopted. (See 6:34 p.m.) PERMISSION TO ADVERTISE (NONE) Page 8 of 9

9 CITY MANAGER S ITEMS 27. Professional Services Agreement, in the amount of $124,000, with CBRE to provide Strategic Planning Services and advise the City on reviewing current assets with the goal of streamlining and optimizing asset inventory, locating sites in ideal and accessible locations, and generating new income through existing assets 28. Permission to Enter and Use Property Agreeme3nt with Jerry Benien to enter and use the property located at 3324 South Street (Ward 2). (See 6:40 p.m.). (See 6:41 p.m.) CITY ATTORNEY S ITEMS 29. Settlement of a November 23, 2015 personal injury in property damage pre-suit claim made by Albert W. Dunton in the amount of $45,000. (See 6:45 p.m.) 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.) There was no one present to be heard. Adjourn 6:46 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