MINUTES CITY OF FORT MYERS CITY COUNCIL REGULAR MEETING MARCH 18, 2019

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CALL TO ORDER MINUTES CITY OF FORT MYERS CITY COUNCIL REGULAR MEETING MARCH 18, 2019 The City Council of the City of Fort Myers, Florida, met in regular session at Oscar M. Corbin, Jr. City Hall, 2200 Second Street, its regular meeting place in the City of Fort Myers, Florida, on Tuesday,, at 5:41 p.m. Present were Mayor Randall P. Henderson, Jr., presiding, Council Members Teresa Watkins Brown, Johnny W. Streets, Jr., Terolyn P. Watson, Kevin Anderson, Fred Burson and Gaile H. Anthony. Also present were Saeed Kazemi, P.E., City Manager; Gwen Carlisle, MMC, City Clerk and Grant W. Alley, City Attorney. Absent: None. OPENING PRAYER The meeting was opened in prayer by Pastor Paul Dejong of the First Presbyterian Church. PLEDGE OF ALLEGIANCE TO THE FLAG Mayor Henderson led the Pledge of Allegiance to the flag of the United States of America. PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Recognize Valerie Leitschuh, Division Chief from the Fire Department, as Employee of the Year for 2018 Ellen Clyatt, Director of Human Resources announced that Valerie Leitschuh, Division Chief, Fire Department, was selected as the Employee of the Year for 2018. Ms. Clyatt read her nomination letter from a grateful citizen, Joseph Rodriguez, who acknowledged Ms. Leitschuh s exemplary actions for helping him and his vehicle safely off the bridge when his car ran out of gas. Mayor Henderson presented a certificate, and a check in the amount of $1,000.00 to Division Chief Leitschuh and thanked her for her dedication in serving the City. Division Chief Leitschuh thanked the Mayor, the City Council and the Awards committee for this honor, and expressed her appreciation to Joseph Rodriguez, resident, for writing the letter and acknowledging her efforts to Fire Chief Caufield. 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. 16 and requested security at the public housing apartments. He asked Richard Fain, Commissioner, Housing Authority, to address this issue. CONSENT AGENDA Mayor Henderson asked if a Council Member would like to remove an item to the Regular Agenda; there being none, a motion was made.

2 P a g e 2. Minutes of the regular City Council meeting held on March 4, 2019, and the corrected excerpt from the regular City Council meeting minutes held on February 19, 2019 3. Amendment No. 2, RFQ No. 05-14-14-PW, Engineer of Record for the Water Treatment Plant-Continuing Contract, with Black & Veatch Corporation for the Final 1-year contract renewal, effective January 23, 2019-January 22, 2020 4. Purchase of one Caterpillar XQ425 Mobile Generator package, in the amount of $217,820, from Kelly Tractor quoted per Florida Sheriff s Association Contract #FSA18-VEH16.0 Specification No. 79 5. Piggyback Collier County contract #12-5839, in the amount of $474,810, Loan Grant Acquisition and Compliance Services with Angie Brewer & Associates, LC for assistance with funding wastewater, drinking water, and stormwater capital improvement projects through the State Revolving Fund (SRF) loan program (REMOVED TO REGULAR AGENDA) 6. Acceptance of grant, in the amount of $4,053, from the National Association of VOCA Assistance Administrators (NAVAA) No.: 19-088 to fund Fort Myers Police Department National Crime Victims Week; effective February 7, 2019, through June 28, 2019, with no required match And Establish a budget, in the amount of $4,053, for the 2019 National Crime Victims Week Community Awareness Project (Subgrant Award No.: 19-088) to fund the operating supplies for the one Victim Rights Community Awareness Events, with no match required 7. Submittal of Subgrant application for the Florida Department of Transportation (FDOT), in the amount of $40,000, to fund the Fort Myers Police Department Aggressive Driving Enforcement and Educational Program, with no match required 8. Submittal of subgrant application for Lee County Natural Resources Division through West Coast Inland Navigation District Grant (WCIND) all funds will be used in Fiscal Year 2019-2020 for a total amount of $258,108.99; $93,033.60 from the grant, $165,075.39 from the City for a total amount of $258,108.99 9. Sole source procurement of Reverse Osmosis membranes, in the amount of $114,954.42, for the Water Treatment Facility from Microdyn Nadir US Inc. 10. Professional Services Agreement, in the amount of $306,681, for Architectural Design Services, Request for Qualifications No. 0002-19, for Dr. Ann Murphy Knight S.T.A.R.S. Complex Expansion Phase I, with ADG Architects LLC (Ward 3) (REMOVED TO REGULAR AGENDA) 11. Professional Services Agreement, in the amount of $54,008.17, for Construction Engineering Inspection Services for Ray V. Pottorf Elementary School Sidewalk FDOT Project #434989-1-68-01, Request for Qualifications No. 0006-19, with DRMP, Inc. (Ward 6)

3 P a g e MOTION: Councilperson Anderson moved to approve the Consent Agenda as presented, with the removal of Item No. 5 and Item No. 10 to the Regular Agenda; seconded by Councilperson Brown; motion carried ITEMS REMOVED TO REGULAR AGENDA 5. Piggyback Collier County contract #12-5839, in the amount of $474,810, Loan Grant Acquisition and Compliance Services with Angie Brewer and Associates, LC for assistance with funding wastewater, drinking water, and stormwater capital improvement projects through the State Revolving Fund loan program Councilperson Anderson requested clarification on the interest rate and cost of management of the contract. City Manager Kazemi stated that the loan included financial management and the City received a low interest rate. MOTION: Councilperson Anderson moved to approve Piggyback Collier County contract #12-5839, in the amount of $474,810, Loan Grant Acquisition and Compliance Services with Angie Brewer and Associates, LC for assistance with funding wastewater, drinking water, and stormwater capital improvement projects through the State Revolving Fund loan program; seconded by Councilperson Brown; motion carried 10. Professional Services Agreement, in the amount of $306,681, for Architectural Design Services, Request for Qualifications No. 0002-19, for Dr. Ann Murphy Knight S.T.A.R.S. Complex Expansion Phase I, with ADG Architects LLC (Ward 3) Councilperson Watson inquired what the agreement included. City Manager Kazemi stated that the agreement provided for architectural design services for the expansion of the Dr. Ann Murphy Knight S.T.A.R.S. Complex for recreation purposes and a hurricane shelter. MOTION: Councilperson Watson moved to approve Professional Services Agreement, in the amount of $306,681, for Architectural Design Services, Request for Qualifications No. 0002-19, for Dr. Ann Murphy Knight S.T.A.R.S. Complex Expansion Phase I, with ADG Architects LLC; seconded by Councilperson Anthony; motion carried CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 12. Discussion of Council representative to serve on the Charlotte Harbor National Estuary Program (CHNEP) Policy Committee City Manager Kazemi stated that it was important for the City to have a representative on the Charlotte Harbor National Estuary Program Policy Committee considering the water and environmental issues.

4 P a g e MOTION: Councilperson Streets moved to nominate Councilperson Burson to serve on the Charlotte Harbor National Estuary Program Policy Committee, seconded by Councilperson Watson; motion carried 13. Donation in the total amount of $2,576 funded from the Neighborhood Improvement Program with equal distributions from the Mayor and City Council of $368 to provide the cost of disinterment and reinterment Councilperson Watson introduced Ms. Tosha Thomas. Sadly, her daughter, TeNiya Jones drowned in Tel Aviv, Israel in July 2018 and her son, Samuel Jones, Jr. was murdered in Lehigh Acres in December 2017. The intent of the donation was to move the gravesite of her son to be laid to rest next to her daughter in the cemetery. Ms. Thomas thanked the Mayor and the City Council for their kindness and thoughtful consideration of the relocation of her children in the cemetery. MOTION: Councilperson Streets moved to approve the donation in the total amount of $2,576 funded from the Neighborhood Improvement Program with equal distributions from the Mayor and City Council of $368 to provide the cost of disinterment and reinterment; seconded by Councilperson Watson; motion carried 14. Appoint Roger Bosworth as a regular member to the Code Enforcement Board, as Business Person Representative, term effective March 4, 2019, through March 3, 2022 (Councilperson Brown) Councilperson Brown stated her appreciation to Councilperson Anthony for referring Roger Bosworth to serve on the Code Enforcement Board and thanked him for serving. MOTION: Councilperson Brown moved to appoint Roger Bosworth, as a regular member, to the Code Enforcement Board, as Business Person Representative, term effective March 4, 2019, through March 3, 2022; seconded by Councilperson Anthony; motion carried 15. Appoint James Molnar as an alternate member, to the Bicycle and Pedestrian Advisory Board, term effective, through March 17, 2022 (Mayor Henderson) MOTION: Councilperson Anderson moved to appoint James Molnar, as an alternate member, to the Bicycle and Pedestrian Advisory Board, term effective, through March 17, 2022; seconded by Councilperson Brown; motion carried 16. Appoint Richard Fain as Commissioner to the Housing Authority of the City of Fort Myers, term effective, through March 17, 2022 (Mayor Henderson)

5 P a g e Councilperson Watson emphasized that Richard Fain is an excellent choice as the new Commissioner to the Housing Authority of the City of Fort Myers. She recommended that the City Council consider selecting an additional individual who lived in public housing. Councilperson Anderson thanked Mr. Fain for his service to the Community and stated he is a role model to all. Mr. Fain thanked the Mayor and the City Council for the honor of the appointment and shared that he is a lifelong resident of the City and grew up in public housing. He appreciates the work that the City and the Housing Authority does to revitalize the community to give the residents hope. Mr. Fain spoke of his lifetime of dedicated service to the City through academics, athletics and business. MOTION: Councilperson Brown moved to appoint Richard Fain as Commissioner to the Housing Authority of the City of Fort Myers, term effective, through March 17, 2022, seconded by Councilperson Watson; motion carried 17. Report on 42 advisory board vacancies Mayor Henderson encouraged residents to come forward and participate in the City s Advisory Boards. PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 18. Ordinance No. 3864 amending the Land Development Code, Chapter 114 Historic Preservation City Attorney Alley read the title of the Ordinance into the record Mayor Henderson opened the Public Hearing and asked for Public Comment. Gina Sabiston, resident, Historic Preservation Committee Member, stated that the Committee reviewed the Historic Preservation Code and agrees with the amendment as presented. Nicole DeVaughn, Planning Manager, stated that Spikowski and Associates and Parker, Mudgett, Smith Architects, Inc. were hired to assist homeowners with their historic preservation questions. She noted that design guidelines will be posted on the City website to define terminologies and provide detailed criteria for reviews and approvals. Mayor Henderson closed the Public Hearing. MOTION: Councilperson Streets moved to adopt Ordinance No. 3864 amending the Land Development Code, Chapter 114 Historic Preservation; seconded by Councilperson Anderson, motion carried 19. Ordinance No. 3866 amending the Charter, Article II, Administrative Organization, Section 15 City Council, Subsection (a) and amending the City Code Article VIII, Elections, Section 61 Primary Elections City Attorney Alley read the title of the Ordinance into the record. Mayor Henderson opened the Public Hearing and asked for Public Comment.

6 P a g e Anthony Thomas, resident, spoke on his concerns on the Amendment to the Charter and recommended a ballot referendum. Mayor Henderson closed the Public Hearing. MOTION: Councilperson Anthony moved to adopt Ordinance No. 3866 amending the Charter, Article II, Administrative Organization, Section 15 City Council, Subsection (a) and amending the City Code Article VIII, Elections, Section 61 Primary Elections; seconded by Councilperson Brown, motion carried PERMISSION TO ADVERTISE (NONE) CITY MANAGER S ITEM 20. Resolution No. 2019-07 approving the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for 2019-2020, 2020-2021, and 2021-2022, as required by the Florida Housing Finance Corporation City Attorney Alley read the title of the Resolution into the record. MOTION: Councilperson Anthony moved to adopt Resolution No. 2019-07 approving the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for 2019-2020, 2020-2021, and 2021-2022, as required by the Florida Housing Finance Corporation; seconded by Councilperson Brown; motion carried CITY ATTORNEY S ITEM 21. Settlement agreement, in the amount of $16,000, regarding Paula Strickland v. City of Fort Myers, Case No.: 17-CA-000409 City Attorney Alley provided a timeline regarding the Settlement amount of $16,000, regarding Paula Strickland v. City of Fort Myers, Case No.: 17-CA-000409. MOTION: Councilperson Anthony moved to approve the settlement agreement, in the amount of $16,000, regarding Paula Strickland v. City of Fort Myers, Case No.: 17-CA-000409; seconded by Councilperson Anderson; motion carried PUBLIC COMMENT - NON-AGENDA ITEMS: Anthony Thomas, resident, spoke on the Fort Myers Police Department and terms of elected officials. There being no further business to come before the Council, it was moved by Councilperson Streets, seconded by Councilperson Brown to adjourn the meeting at 6:28 p.m.; motion carried ATTEST: Gwen Carlisle, MMC City Clerk