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 Kevin Anderson 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 video @ 4:33 p.m.) Opening Prayer The meeting was opened in prayer by Pastor David Pleasant, Jr., Senior Pastor, Citygate Ministries. (See video @ 4:33 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 video @ 4:34 p.m.) Roll Call Absent: Councilperson Watson. (See video @ 4:35 p.m.) PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Annual report of activity at the Burroughs Home, 2505 First Street, from the Uncommon Friends Foundation, lessee, to comply with the Municipal Lease Agreement, presented by Jennifer Nelson, Executive Director, Uncommon Friends Foundation (Ward 4) Jennifer Nelson, Executive Director, Uncommon Friends Foundation presented the annual report of activity at the Burroughs Home. A motion was not made. (See video @ 4:36 p.m.) Page 1 of 11
2. Annual report of activity from SalusCare, Inc. for 3763 Evans Avenue and 2450 Prince Street, as required by the Municipal Land Lease with Southwest Florida Addiction Services, Inc., presented by Stacey Cook Hawk, Chief Executive Officer, SalusCare, Inc. (Ward 3) Stacey Cook Hawk, Chief Executive Officer, SalusCare, Inc., presented the annual report of activity at the SalusCare, Inc. A motion was not made. (See video @ 4:49 p.m.) 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 the Fort Myers News-press article that was released earlier in the day, regarding the City of Fort Myers Police Department s Special Investigations Group. Sylvia Lawrence, resident, spoke on lighting issues. (See video @ 5:02 p.m.) Public Hearings: (Public input will be heard during the public hearing) 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. 3. Minutes of the special and regular City Council meetings held on November 19, 2018 Page 2 of 11
4. Approve Amendment No. 3, in the amount of $6,746,840, increasing the Guaranteed Maximum Price (GMP) to $42,621,766, to Construction Manager at Risk-Contract for Construction of Central And South Advanced Wastewater Treatment Facilities AWWTFs Electrical System Upgrades Project No. RFQ #07-06-16-PW with Wharton-Smith, Inc. And Budget amendment in the amount of $1,000,000, reducing Belt Press Refurbish/Replace CWWTP by $500,000 and Belt Press Refurbish/Replace SWWTP by $500,000, and increasing Traveling Screen Rehabilitation CWWTP by $500,000 and Traveling Screen Rehabilitation SWWTP by $500,000 5. Amendment No. 4 in the Guaranteed Maximum Price of $6,091,378, to Construction Manager at Risk Contract, Request for Qualifications No. 09-03-15-PW, for Wastewater Interconnect from the South to Central Advanced Wastewater Treatment Plants with Wright Construction Group, Inc., for Phase III - Pumping Station 8 and 16" Force Main from Coronado Park to Hanson Street (Wards 3, 4, & 5) 6. Supplemental Task Authorization No. 1, in the amount of $771,017, to Construction Manager- At-Risk RFQ #0020-18 for Armoring of Ford Street Canal and Ballard Road Canal (ditch) with Wharton-Smith, Inc. (Wards 1, 2, & 3) 7. Supplemental Task Authorization No. 1, in the amount of $865,752, to Construction-Managerat-Risk RFQ #0020-18 for Seawall Replacement on Carrell Canal/Shadow Lane with Compass Construction, Inc. (Ward 4 & 5) 8. Addition of an Open-End Lease Schedule, in the total estimated amount of $2,292,380, to the Master Agreement with The Bancorp for the financing of 46 various vehicles and equipment for the Police Department Page 3 of 11
9. Change Order No. 1 to Purchase Order 0902-002310, in the amount of $17,589, for Proposal from American Infrastructure Services (AIS), Piggybacking on Lee County Contract #7810; Solicitation B170150/ANB, to furnish and install three, 12 sign poles with pineapple finial caps, remove two concrete foundations and install bricks, and install two signs as part of the City s Downtown traffic signal removal project bringing the total price to $111,439 (Ward 4) 10. Purchase of (7) cardiac monitor/defibrillators from Zoll Medical Corporation, in the total amount of $244,976 And Budget amendment, in Fiscal Year 2019, appropriating $167,129 from Fire Impact Fees and increasing Fire Capital Outlay by like amount, providing funds for 4 of the units with the remaining 3 units, in the amount of $77,847, to be evenly funded between Fiscal Years 2020 and 2021 in accordance with special payment terms provided by Zoll Medical Corporation 11. Purchase Order with the United States Postal Service, in the amount of $111,000.00 for postage in the mailing of utility bills 12. Purchase Order for Hydro Corp. Inc., in the amount of $150,000.00, for fiscal year 2018-2019, for routine testing of backflow prevention devices, and allows the continuation of backflow prevention assembly testing 13. Subrecipient Agreement, in the not to exceed amount of $20,300, for the 2018-2019 Community Development Block Grant Program, CDFA No. 14.218, with Basic Learning Skills Learning Center Incorporated to administer a tutoring Youth Services Program for City youth 6 through 18 years of age with low to moderate income effective October 1, 2018, through September 30, 2019 Page 4 of 11
14. Subrecipient Agreement for the 2018 Community Development Block Grant Program, CDFA No. 14.218, in the not to exceed amount of $10,000, with Dr. Piper Center for Social Services, Inc., for employment and computer training for elderly low to moderate income City residents, effective October 1, 2018, to September 30, 2019 15. Subrecipient Agreement for the 2018-2019 Community Development Block Grant Program, CDFA No. 14.218, in the not to exceed amount of $21,875, with I Will Mentorship Foundation, Incorporated, to provide specialized training in Urban Gardening for low to moderate income City residents 16. Subrecipient Agreement for the 2018-2019 Community Development Block Grant Program, CDFA No. 14.218, in the not to exceed amount of $15,625, with I Will Mentorship Foundation, Incorporated, to provide crime prevention and public safety activities to low to moderate income at-risk youth 12 to 18 years of age 17. Time extension to the Agreement between the City of Fort Myers and the University of Cincinnati Research Institute ("UCRI") extending the period of performance and deliverables of the final evaluation report by UCRI from June 30, 2018 to June 30, 2019 18. Submission of U.S. Conference of Mayors: DollarWise Innovation Grant Application, in the amount of $10,000, for Fiscal Year 2019 to purchase supplies and promotional materials for the Southwest Florida Enterprise Center Pre-Construction Readiness Program, with no match required Page 5 of 11
19. FEMA Coastal Risk Map Floodplain Management Consulting Agreement to engage Evans Engineering to act as technical advisor to assess the new coastal flood risk study and coordinate with FEMA on any required updates (Wards 1, 2, 4, & 5) 20.. Bonavie Cove Final Plat of 55.34 acres, more or less, to create 238 single-family lots along with 17 tracts for lakes, open space, private rights-of-way, amenity center and preserve (Ward 5) 21. Rescind ranking of firms by the Selection Committee for Request for Qualifications No. 0031-18, Ray V. Pottorf School Sidewalks Construction, Engineering and Inspection (CEI) Services And Rescind authorization to negotiate with the number one ranked firm DRMP Inc. (Ward 6) 22. Rescind ranking of firms by the Selection Committee for Request for Qualifications No. 0016-18 Allen Park School Sidewalk Construction, Engineering and Inspection (CEI) Services And Rescind authorization to negotiate with the number one ranked firm KCCS Inc. (Ward 4) MOTION TO REORDER ITEM: Councilperson Brown moved to discuss item No. 35 prior to City Council Comments and Items for Consideration; seconded by Councilperson Anthony; motion unanimously carried. See video @ 5:22 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION Page 6 of 11
23. Elect a new Mayor Pro tem, term effective through December 2, 2019 Councilperson Anthony moved to nominate Councilperson Burson as the new Mayor Pro tem, term effective through December 2, 2019; seconded by Councilperson Brown; motion carried unanimously. (See video @ 5:24 p.m.) 24. Appoint Jonathan T. Hart to the Planning Board, term effective, through December 2, 2021 (Councilperson Brown) 25. Reappoint Ezekiel Robbins to the Bicycle and Pedestrian Advisory Board, term effective, through December 2, 2021 (Councilperson Anthony) 26. Reappoint John Hose to the Brownfields Advisory Board, term, through December 2, 2021 (Councilperson Anthony) (See video @ 5:27 p.m.) (See video @ 5:28 p.m.) (See video @ 5:28 p.m.) 27. Report on 34 advisory board vacancies A motion was not made. PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) (See video @ 5:37 p.m.) 28. Ordinance No. 3853 sunsetting and dissolving the Velasco Village Redevelopment Area (Ward 2) Anthony Thomas, resident, inquired on what sunsetting the Velasco Village would mean for the residents. Burke Edwards, General Counsel for the City of Fort Myers Community Redevelopment Agency, discussed the process of the sunsetting and dissolving the Velasco Village Redevelopment Area. Adopted. (See video @ 5:37 p.m.) Page 7 of 11
29. Resolution No. 2018-63 amending the Dr. MLK Plan amendment to expand the existing MLK/VSS Revitalization Plan to more broadly include the Dunbar/Michigan Redevelopment Area; and extend the date by which all redevelopment financed by increment revenues within the Dr. MLK Redevelopment Area is to be completed to 2044 and rescinding Resolution 2018-46 (Wards 1, 2, & 3) 30. Resolution No. 2018-64 amending the Downtown Redevelopment Plan to include the Gardner's Park Vision Plan and extend the date by which all redevelopment financed by increment revenues within the Downtown Redevelopment District is to be completed to 2044 and rescinding Resolution 2018-40 (Ward 4) 31. Continued public hearing from November 19, 2018, for the purchase of a portion of parcel no. 29-44-25-P1-00104.0030, in the amount of $700 plus closing costs and associated attorney fees, from Accent Construction Incorporated, owner, to be used as right-of-way for the Hanson Street Extension Project (Ward 3) 32. Purchase of 3811 Hanson Street, in the amount $75,000, plus closing costs and associated attorney fees, from Joseph E. and Wynelle S. Barbee, owner, to be used as right-of-way for the Hanson Street Extension project (Ward 3) 33. Community Block Grant Program (CDBG) 3rd Program Year Consolidated Annual Performance and Evaluation Report (CAPER) for fiscal year 2017-2018 Adopted. (See video @ 5:45 p.m.) Adopted. (See video @ 5:53 p.m.) (See video @ 5:55 p.m.) (See video @ 5:56 p.m.) (See video @ 5:57 p.m.) Page 8 of 11
34. Ordinance No. 3852 - Dissolution of the Portofino Cove Community Development District (Ward 2) Ginger Wald, Attorney, Billing Cochran, Lyles, Mauro & Ramsey, PA, on behalf of the Community Development District made a presentation on the request to dissolve the Portofino Cove Community Development District. Councilperson Streets moved to approve Ordinance No. 3852 Dissolution of the Portofino Cove Community Development District (Ward 2), with an amendment to include the new date effective December 5, 2018 in paragraph 6; seconded by Councilperson Anderson; motion unanimously carried. (See video @ 5:58 p.m.) MOTION TO REORDER ITEMS: Councilperson Anthony moved to discuss Item No. 38, 39, 40, 41 and 42 after Item No. 34; seconded by Councilperson Streets; motion unanimously carried. PERMISSION TO ADVERTISE (See video @ 6:08 p.m.) 35. Direct Clerk to advertise Ordinance No. 3851 for the Arborwood Development of Regional Impact Minor Amendment to add multi-family uses to the Town Center, as requested by Josh Philpott, AICP with Stantec Consulting Services, Inc., agent for Southport Financial Services, Inc.(Quasi-Judicial) (Ward 6) 36. Grant permission to advertise Invitation for Proposals for Disposal of Real Property in Dr. Martin Luther King, Jr. Boulevard, East Fort Myers, and Dunbar-Michigan Community Redevelopment Areas for 1785 Glenway Court, 330 Louise Avenue, 2651 Larmie Street, 3341 Canal Street, 2643 Larmie Street, 1933 Wright Street, 2336 Willard Street and 327 Nogales Street, pursuant to Section 163.380(3)(a), Florida Statutes (Wards 1, 2, & 3) (See video @ 5:22 p.m.) (See video @ 6:12 p.m.) Page 9 of 11
37. Direct Clerk to advertise Ordinance No. 3854 designating 1634 Woodford Avenue as a Historic Landmark, as requested by The Laboratory Theater of Florida, owner (Ward 4) (See video @ 6:13 p.m.) CITY MANAGER S ITEMS 38. Grant of Drainage Easement from Portofino Cove Community Development District to the City of Fort Myers for surface water drainage, flowage and storage purposes (Ward 2) 39. Quit Claim Deed from Portofino Cove Community Development District for the lake, frontage road and conservation easement in Portofino Cove (Ward 2) 40. Absolute Bill of Sale from the Portofino Cove Community Development District for the sell, transfer and delivery to the City of Fort Myers of the storm sewer improvements, sewer improvements, and water improvements at Portofino Cove (Ward 2) 41. Quit Claim Deed from City of Fort Myers to Todd. B. Allen, Trustee for Ambrosia Properties Land Trust for the Lake, Conservation Easement and Wall Parcels on the Frontage Road in Portofino Cove (Ward 2) 42. Absolute Bill of Sale from the City of Fort Myers for the sell, transfer and delivery to Todd B. Allen, Trustee for Ambrosia Properties Land Trust, of the storm sewer improvements, sewer improvements and water improvements at Portofino Cove (Ward 2) 43. Resolution 2018-65 exercising the power of eminent domain to acquire fee simple interests and easement interests for the public use and purpose in order to extend Hanson Street from Veronica S Shoemaker Boulevard to Ortiz Avenue (Ward 2) (See video @ 6:09 p.m.) (See video @ 6:09 p.m.) (See video @ 6:09 p.m.) (See video @ 6:10 p.m.) (See video @ 6:10 p.m.) Adopted. (See video @ 6:14 p.m.) Page 10 of 11
44. Resolution 2018-66 executing the Florida Shared-Use Nonmotorized Trail Network Agreement, Financial Project #440341-1-34-01, between the City and the Florida Department of Transportation for the design of the John Yarbrough Linear Park Phase IV project from Colonial Boulevard to Hanson Street and establish project budget in like amount (Wards 3 & 5) 45. Maintenance and Financial Responsibilities Agreement between the City of Fort Myers and the McGregor Reserve Community Association, Inc. (Ward 5) 46. Settlement Agreement and Release between Jasena Pearsey and the City of Fort Myers for EEOC Charge Number 510-2018-06403 in the amount of $30,000.00 Adopted. (See video @ 6:15 p.m.) (See video @ 6:16 p.m.) (See video @ 6:17 p.m.) CITY ATTORNEY S ITEMS 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.) None. Adjourn 6:25 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 11 of 11