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 MEETING LOCATION FORT MYERS HIGH SCHOOL, 2635 CORTEZ BOULEVARD 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 (4:34 p.m.) Opening Prayer The meeting was opened in prayer by Mayor Henderson. (See video @ 4:34 p.m.) Pledge of Allegiance to the Flag of the United States of America The Mayor led the Pledge of Allegiance to the Flag of the United States of America. (See video @ 4:35 p.m.) Roll Call Absent: Terolyn P. Watson, Councilmember. (See video @ 4:35 p.m.) Announcement: The next regular City Council meeting will be held on Monday, December 5, 2016, at Oscar M. Corbin, Jr. City Hall, 2200 Second Street. Announcement: Wilhemina Corbin, wife of former Mayor Oscar M. Corbin, Jr. passed away on November 16, 2016. A motion was not made. (See video @ 4:36 p.m.) A motion was not made. (See video @ 4:36 p.m.) Page 1 of 9
PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Annual report of activities at the leased property located at 2310 Edwards Drive from Greater Fort Myers Chamber of Commerce (Ward 4) 2. Annual Report 2015-2016 from the Fort Myers-Lee County Garden Council, Inc. on activities at the leased property located at 2166 Virginia Avenue (Ward 4) The presentation was made by Coleen DePasquale, Executive Director. (See video @ 4:40 p.m. The presentation was made by Bernadette Hamera, First Vice-President of the Fort Myers-Lee County Garden Council, Inc. (see video @ 4:48 p.m.) 3. Report on activities as required by the Agreement with the Lee County Black History Society for the Black History Society Museum, 3265 Dr. Martin Luther King, Jr. Boulevard (Ward 1) PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Four (4) minute time limit per speaker) The presentation was made Jarrett Eady, Chairman, Lee County Black History Society. See video @ 4:55 p.m.) E. Bruce Strayhorn, Strayhorn & Persons, spoke on the Fort Myers Greenwave; fundraiser for Byron Weightman, former City employee, and Fort Myers Newsletter. (See video @ 5:17 p.m.) Public Hearings: (12-12a) (Public input will be heard during the public hearing) CONSENT AGENDA (Item Nos. 4-11) 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 November 7, 2016 Removed from the Consent Agenda by Marie Adams, City Clerk, on November 17, 2016. Page 2 of 9
CONSENT AGENDA - Continued 5. Adopt-A-Park Letter of Agreement for North Colonial Linear Park beginning at the Calusa Nature Center & Planetarium, 3450 Ortiz Avenue, and ending east of Metro Parkway, with Ends of the Earth Cycling to clean up, beautify, and maintain the area every 30 days for a 3 year period, effective November 22, 2016, through November 21, 2019 (Ward 2 and Ward 3) 6. Adopt-A-Park Letter of Agreement for Roberto Clemente Park, 3265 Dr. Martin Luther King, Jr. Boulevard, with Badams & Associates, LLC, to clean up, beautify, and maintain the area every 30 days for a 3 year period, effective November 22, 2016, through November 21, 2019 (Ward 1) 7. Amendment No. 1 to Professional Services Agreement Continuing Contract, Landscape Architectural Services, Request for Qualifications No. 06-20-13-PW, with David M. Jones Jr. and Associates, Inc. exercising the first one-year option to renew, effective December 9, 2016, through December 8, 2017 8. Amendment No. 1 to Professional Services Agreement - Continuing Contract, Landscape Architectural Services, Request for Qualifications No. 06-20-13-PW, with EnSite, Inc., exercising the first one-year option to renew, effective December 10, 2016, through December 9, 2017 Removed from Consent Agenda for discussion by Councilwoman Brown. Page 3 of 9
CONSENT AGENDA - Continued 8a. Amendment No. 1 to Professional Services Agreement - Continuing Contract, Landscape Architectural Services, Request for Qualifications No. 06-20-13-PW, with Stantec Consulting Services Inc., exercising the first one year option to renew, effective December 10, 2016, through December 9, 2017 9. Change Order No. 1, in the amount of $600,672, to Amendment No. 1 to Task Authorization No. 3, to Professional Services Agreement Construction Manager-at-Risk, Request for Qualifications No. 12-27-12-PW, with Wright Construction Group, Inc. for City of Fort Myers Water Supply Improvements by increasing the contract amount from $1,398,326 to $1,998,998 and increasing the contract time by 370 days to a completion date of July 23, 2017 Page 4 of 9
CONSENT AGENDA - Continued 10. Approve Fiscal Year 2015-2016 budget amendments, in the total amount of $2,549,640, as follows: Recognize revenue of $768,558 from Fire Insurance Premiums Tax and $726,482 from Police Insurance Premiums Tax and increase Fire and Police Retirement Expenditures, respectively Transfer $305,000 from General Fund to the Fort Myers Country Club Fund Transfer $130,000 from General Fund to Eastwood Golf Course Fund Transfer $20,000 from General Fund to Cultural & Historic Affairs Fund Transfer $151,600 among General Fund divisions Increase Citywide Security Cameras Capital Project budget by $100,000 funded with 2016 Bond Funds Change funding sources total of $348,000 in the Traveling Screen Rehabilitation Utility Capital Improvement Projects for the South and Central Wastewater Treatment Plants from 2008 & 2011 Utility Bonds to Utility R&R Fund 11. Seven day government rental rate, in the amount of $5,000, for use of the Skatium, 2550 Broadway (Ward 4) Removed from Consent Agenda for discussion by Councilwoman Anthony. Page 5 of 9
ITEMS REMOVED FROM THE CONSENT AGENDA 6. Adopt-A-Park Letter of Agreement for Roberto Clemente Park, 3265 Dr. Martin Luther King, Jr. Boulevard, with Badams & Associates, LLC, to clean up, beautify, and maintain the area every 30 days for a 3 year period, effective November 22, 2016, through November 21, 2019 (Ward 1) 10. Approve Fiscal Year 2015-2016 budget amendments, in the total amount of $2,549,640, as follows: Recognize revenue of $768,558 from Fire Insurance Premiums Tax and $726,482 from Police Insurance Premiums Tax and increase Fire and Police Retirement Expenditures, respectively Transfer $305,000 from General Fund to the Fort Myers Country Club Fund Transfer $130,000 from General Fund to Eastwood Golf Course Fund Transfer $20,000 from General Fund to Cultural & Historic Affairs Fund Transfer $151,600 among General Fund divisions Increase Citywide Security Cameras Capital Project budget by $100,000 funded with 2016 Bond Funds Change funding sources total of $348,000 in the Traveling Screen Rehabilitation Utility Capital Improvement Projects for the South and Central Wastewater Treatment Plants from 2008 & 2011 Utility Bonds to Utility R&R Fund (See video @ 5:24 p.m.) (See video @ 5:26 p.m.) Page 6 of 9
PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 12. SECOND PUBLIC HEARING: Ordinance No. 3784 amending the City Code, Sub-Part B, Land Development Code, Chapter 118, Land Use Regulations, Article 3 Permitted Land Uses, Section 118.3.3 Use Standards, Section D, Industrial Use Standards, Paragraph 1 Junkyards and recycling business operations by implementing Charter Section 9.2 relating to junkyards and recycling centers while conforming to requirements of state law and extending the moratorium on the establishment of new junkyards or recycling businesses or the expansion of existing junkyards or recycling businesses for a period of one year 12a. Purchase and Sale Agreement, in the amount of $14,000, plus associated fees and closing costs, and Contract Addendum with FL Star Investments, LLC, owners, for the purchase of the vacant southeastern 5,393 square feet, more or less, of 2990 Van Buren Street to be used for right-of-way as part of the Hanson Street Extension Project (Ward 3) Ordinance No. 3784 adopted and copy of the letter dated November 18, 2016, from Willie Green be provided to the City Clerk. (See video @ 5:27 p.m.) (See video @ 5:48 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 13. Report on advisory board vacancies A motion was not made. (See video @ 5:49 p.m.) Page 7 of 9
PERMISSION TO ADVERTISE 14. PERMISSION TO ADVERTISE FOR FIRST PUBLIC HEARING: Ordinance amending the Land Development Code, Chapter 118 Land Use Regulations to establish dwelling unit equivalencies for density calculation, establish regulations for the Convention Hotel Overlay District, and amend the Downtown Smart Code 14a. Ordinance amending the City Code by deleting Section 50-33 Distribution of commercial advertising Permission to advertise Ordinance No. 3790 for the first public hearing. (See video @ 5:49 p.m.) Permission to advertise Ordinance No. 3791. (See video @ 6:02 p.m.) CITY MANAGER S ITEMS 15. Approve in concept Gardner s Park Vision Plan, as prepared by EnSite, Inc., and proceed with the formal adoption process (Ward 4) Continued to a future City Council meeting. (See video @ 6:04 p.m.) CITY ATTORNEY S ITEMS 16. Handling of Settlement Agreement, in the amount of $765,373, regarding Roy Denson v. City of Fort Myers, Case 09-016755JAW 17. Engagement Letter, in the amount of $17,000 plus out-of-pocket expenses and travel, with PricewaterhouseCoopers LLP for property/casualty and Workers Compensation self-insurance funds actuarial services 17a. Resolution abating Section 50-33 Distribution of commercial advertising of the City Code (See video @ 6:08 p.m.) (See video @ 6:17 p.m.) Resolution No. 2016-44 adopted. (See video @ 6:18 p.m.) Page 8 of 9
CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION - Continued 17b. Introduce legislation on acts of blatant disrespect on first responders to be treated as a hate crime (Councilman Streets) (no green sheet) Approval to direct City Manager and City Attorney to draft resolution to address treating acts of blatant disrespect to first responders to be punished as hate crimes. (See video @ 6:19 p.m.) 17c. Schedule meeting regarding recycling center at the northeast corner of Veronica S. Shoemaker Boulevard and Canal Street (Councilman Banks) (no green sheet) A motion was not made. (See video @ 6:27 p.m.) Adjourned: 6:28 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) 321-7035 or for the hearing impaired, TDD telephone number (239) 332-2541. Page 9 of 9