The meeting was opened in prayer by Mayor Henderson. Mayor Henderson led the Pledge of Allegiance to the Flag of the United States of America.

Transcription

1 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 4:34 o clock p.m. Present were Mayor Randall P. Henderson, Jr., presiding, Council Members Teresa Watkins Brown, Johnny W. Streets, Jr., Christine Matthews, Michael Flanders, and Forrest Banks. Also present were William P. Mitchell, City Manager, Marie Adams, MMC, City Clerk, and Grant W. Alley, City Attorney. Absent: Thomas C. Leonardo, Council Member. The meeting was opened in prayer by Mayor Henderson. Mayor Henderson led the Pledge of Allegiance to the Flag of the United States of America. NO. 1 PROCLAMATION PROCLAIMING FEBRUARY 7 THROUGH 14, 2014, AS CONGENITAL HEART DEFECT AWARENESS WEEK Mayor Henderson read and presented a proclamation proclaiming February 7 through 14, 2014, as Congenital Heart Defect Awareness Week to Bobbie Marino, on behalf of her son, Leo Marino, who was diagnosed with a congenital heart defect. NO. 1a RECITAL OF THE I HAVE A DREAM SPEECH BY ZAIRE SALDANA Zaire Saldana, 8 year old resident, recited from memory the I Have a Dream speech by Dr. Martin Luther King, Jr. in celebration of Black History Month. NO. 1b PROCLAMATION PROCLAIMING FEBRUARY 2014 AS BLACK HISTORY MONTH Mayor Henderson read and presented a proclamation proclaiming February 2014 as Black History Month to Charles Barnes, Board Member, Lee County Black History Society, Inc. NO. 1c PROCLAMATION PROCLAIMING FEBRUARY 3, 2014, AS HARRY ADAMS DAY Mayor Henderson read and presented a proclamation proclaiming, as Harry Adams Day to Harry Adams, former Executive Director, Community Redevelopment Agency. NO. 1d PROCLAMATION PROCLAIMING FEBRUARY 3 THROUGH 7, 2014, AS HAZARDOUS MATERIALS AWARENESS WEEK Mayor Henderson read and presented a proclamation proclaiming February 3 through 7, 2014, as Hazardous Materials Awareness Week to Randy Jordan, Assistant Fire Chief. NO. 2 DISTINGUISHED BUDGET PRESENTATION AWARD FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA FOR THE ANNUAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2012, THROUGH SEPTEMBER 30, 2013 Mayor Henderson presented the Distinguished Budget Presentation Award to Maria Joyner, Director, Financial Services Department. PUBLIC INPUT - NON-PUBLIC HEARING AGENDA ITEMS: There was no one present to be heard. CONSENT AGENDA Mayor Henderson stated that the Consent Agenda consisted of items that were considered to be relatively matter of fact. Mayor Henderson stated that any council member may request that any item be removed from the Consent Agenda and placed on the regular agenda for discussion following the adoption of the Consent Agenda. Councilman Streets stated that No. 8 Subrecipient Agreement for the Community Development Block Grant Program, CDFA No , in the not-to-exceed amount of $40,000.00, with the Fort Myers Chapter of Kappa Alpha Psi Educational Foundation, Inc., for crime prevention and public safety activities for City at-risk youth 12 to

2 18 years of age with income that is at or 80 percent below the area median income effective, through January 31, 2015, should be removed from the consent agenda for discussion. NO. 3 MINUTES The minutes of the regular meetings held on January 6, 2014, and January 21, 2014, were delivered to City Council. NO. 3a BUDGET AMENDMENT DECREASING CAPITAL IMPROVEMENT PROJECT GAS PUMP CANOPY AND INCREASING CAPITAL IMPROVEMENT PROJECT HARLEM LAKE BASKETBALL COURT BY LIKE AMOUNT The budget amendment, in the amount of $7,275.00, decreased Capital Improvement Project Gas Pump Canopy and increased Capital Improvement Project Harlem Lake Basketball Court by like amount for a total project amount of $90, The Harlem Lakes Neighborhood Basketball Court, 4108 Hale Street, was advertised for bids on December 6, The lowest bid received was in the amount of $88, which was $5, more than the allocated budget of $82, The project consisted of the installation of an 80 foot by 50 foot basketball court asphalt parking lot, future community park, a chain link fence, and other miscellaneous items. NO. 3b BUDGET AMENDMENT FROM PARKING FUND RESERVES AND INCREASING MAIN STREET GARAGE CONTRACTUAL SERVICES, CITY OF PALMS GARAGE CONTRACTUAL SERVICES, AND PARKING ADMINISTRATION CONTRACTUAL SERVICES FOR UPGRADED SIGNAGE, OVERHEAD GATE REMOVAL; AND CONTRACTUAL SERVICES FUNDING The budget amendment, in the amount of $58,756.00, from Parking Fund Reserves increased Main Street Garage Contractual Services by $24,281.00, City of Palms Garage Contractual Services by $33,352.00, and Parking Administration Contractual Services by $1,123.00, for upgraded signage, overhead gate removal; and contractual services funding. Renovations were taking place in the Main Street Parking Garage, 2286 Main Street, and City of Palms Parking Garage, 2118 Bay Street. The work included painting, new lighting, structural repairs, and new signage. Denison Parking, the City parking contractor, advised the Community Redevelopment Agency that the current signage was not sufficient for visitors to easily locate the parking facilities or entryways. It was suggested that each parking garage be labeled with a large white P in a blue circle, the international parking symbol, and that each of the 4 entrances be marked with a large parking sign. The large neon back-lit palm tree on the City of Palms Parking Garage needed repaired and repainted and the 17 non-functioning overhead and pedestrian security gates removed. NO. 4 AMENDMENT NO. 1 TO SUPPLEMENTAL TASK AUTHORIZATION NO. 4 TO PROFESSIONAL SERVICES AGREEMENT CONTINUING CONTRACT FOR CIVIL ENGINEERING SERVICES, REQUEST FOR QUALIFICATIONS NO. 04/24/09-RFQ-PW, WITH AIM ENGINEERING & SURVEYING, INC., FOR ADA CURB RAMP REPLACEMENT PHASE II, CONSTRUCTION ENGINEERING AND INSPECTION SERVICES TO PROVIDE FOR ADDITIONAL CEI SERVICES FOR ADA CURB RAMP REPLACEMENT PHASE II Amendment No. 1, in the amount of $34,530.00, to Supplemental Task Authorization No. 4 to Professional Services Agreement - Continuing Contract for Civil Engineering Services, Request for Qualifications No. 04/24/09-RFQ-PW, with AIM Engineering & Surveying, Inc., for ADA Curb Ramp Replacement Phase II, Construction Engineering and Inspection Services provided Additional CEI Services for ADA Curb Ramp Replacement Phase II. The project consisted of replacement of various curb ramps, installation of Americans with Disabilities Act tactile warning mats and restoration of adjacent sidewalks throughout the City. NO. 5 AMENDMENT NO. 1 TO SUPPLEMENTAL TASK AUTHORIZATION NO. 2 TO PROFESSIONAL SERVICES

3 AGREEMENT - CONTINUING CONTRACT FOR UTILITY ENGINEERING SERVICES, REQUEST FOR QUALIFICATIONS NO PW, WITH DAVID DOUGLAS ASSOCIATES, INC. FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR SABAL PALM UTILITY IMPROVEMENTS Amendment No. 1, in the amount of $20,890.00, to Supplemental Task Authorization No. 2 to Professional Services Agreement - Continuing Contract for Utility Engineering Services, Request for Qualifications No PW, with David Douglas Associates, Inc. for Construction Engineering and Inspection (CEI) Services provided construction engineering and inspection services for Sabal Palm Utility Improvements. The project required additional construction and engineering and inspection services for construction activities that included a new force main connection from the Sabal Palm lift station to Veronica S. Shoemaker Boulevard, re-powering the Sabal Palm lift station and irrigation system upgrade, and adding milling and resurfacing. The items were not included in the original construction contracts and were discovered and added during construction. NO. 6 PROJECT CLOSE OUT FOR CHILLER REPLACEMENT AT THE IMAGINARIUM SCIENCE CENTER, REQUEST FOR PROPOSALS NO WITH AIR MECHANICAL & SERVICE CORPORATION, AND RELEASE OF FINAL PAYMENT The project close out for the Chiller Replacement at the Imaginarium Science Center, 2000 Cranford Avenue, Request for Proposals No with Air Mechanical & Service Corporation, released final payment in the amount of $8,831.19, and completed the project of replacing a 10 year old failed chiller. The contractor submitted all completed project close our documents including release of liens, statement of guarantee, as-built plans and final pay application. The project was accepted by the consultant and the contractor complied with all provisions set forth by the City. NO. 7 CANCELLATION OF SUPPORT FOR COMPONENT SYSTEMS, THE SOFTWARE SUPPORT AGREEMENT, WITH ENROUTE FOR THE POLICE DEPARTMENT The Cancellation of the Support for Component Systems, the software support agreement with Enroute for the Police Department, effective October 31, 2013, released the City from paying $155,050.03, in software support fees in Fiscal Year The savings were used to pay for the upgrade of the Computer Aided Dispatch and Records Management System at the Police Department. NO. 9 FORGIVE ATTAINABLE HOUSING REHABILITATION MORTGAGE FOR LOT 14, BLOCK 2, MCGREGOR ESTATES SUBDIVISION, MORE COMMONLY KNOWN AS 1575 GRACE AVENUE, AS REQUESTED BY MICHELE HYLTON-TERRY, OWNER The Attainable Housing Rehabilitation Mortgage, in the amount of $30,000.00, for Lot 14, Block 2, McGregor Estates Subdivision, more commonly known as 1575 Grace Avenue, was forgiven by the City as requested by Michele Hylton-Terry, owner. City Council approved Resolution No adopting the Rehabilitation Program utilizing 40 percent of the funds received by the Attainable Housing Trust Fund to assist owners to make needed repairs of single family residences in specific geographical areas and was limited to households with 80 percent to 150 percent of Lee County Area Median Income. Michele Hylton-Terry, owner, received a $30, rehabilitation assistance loan using the Attainable Housing Trust Fund to make improvements to her house located at 1575 Grace Avenue in August A hardship letter was submitted to the lender in December 2012 when the owner applied for a short sale citing a financial hardship due to wages lost when the City reduced employee salaries by 10 percent. Ms. Hylton-Terry requested the City to forgive the $30, loan in January The loans on the property totaled $129, and the property assessment value was $85, City staff developed a Mortgage Short Sale Policy adopted by Resolution No on February 4, The Mortgage

4 Short Sale Policy contained several performance conditions when considering short sale requests, including a required short sale settlement of 25 percent of the outstanding loan amount or, in this case, $7, City Council approved the Release of Lien on September 16, 2013, per the guidelines of the approved Mortgage Short Sale Policy but the sale transaction never closed and the lien remained. The approval to forgive the loan would not adhere to the Mortgage Short Sale Policy. MOTION FOR CONSENT AGENDA It was moved by Councilman Banks, seconded by Councilman Flanders and unanimously carried to approve the Consent Agenda as written with the exception of No. 8. The various officials were hereby authorized and directed to take such action as may be necessary to give effect to the recommendations. NO. 8 ITEM REMOVED FROM CONSENT AGENDA BY COUNCILMAN STREETS: SUBRECIPIENT AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CDFA NO WITH THE FORT MYERS CHAPTER OF KAPPA ALPHA PSI EDUCATIONAL FOUNDATION, INC. FOR CRIME PREVENTION AND PUBLIC SAFETY ACTIVITIES Mayor Henderson stated that Subrecipient Agreement for the Community Development Block Grant Program, CDFA No , in the not-to-exceed amount of $40,000.00, with the Fort Myers Chapter of Kappa Alpha Psi Educational Foundation, Inc. provided crime prevention and public safety activities for City at-risk youth 12 to 18 years of age with income that was at or 80 percent below the area median income effective, through January 31, Councilman Streets stated that the Fort Myers Chapter of Kappa Alpha Psi Educational Foundation, Inc. assisted the City in crime prevention programs for youth. Jesse Bryson, member, Fort Myers Alumni Chapter of Kappa Alpha Psi Fraternity, Inc., stated that a core value of the Kappa Alpha Psi Educational Foundation, Inc. was the experiences provided to youth and reasons used in the past for not being successful were no longer valid. Mr. Bryson stated that there were many tiers to the program implemented by Fort Myers Chapter of Kappa Alpha PSI Educational Foundation, Inc. Mr. Bryson stated that an American College Test, Scholastic Assessment Test, and Florida Comprehensive Assessment Test seminar was held at Dunbar Community School with more than 51 participants in attendance. Mr. Bryson stated that the program assigned life mentors for youth who assisted children from 7 th grade through high school and into college to help them be successful. Mr. Bryson stated that there was a literacy program in elementary school starting in March Mr. Bryson stated that the literacy program would program children to be prepared for the next stage in life and let them know that the community, City, and schools had high expectations of them and if more was expected, more was realized. Mr. Bryson stated that the involvement in the program resulted in increased grade point averages by a percentage point, prevention from attendance at the Alternative Learning Center, 3650 Michigan Avenue, and a reduction in disciplinary infractions. It was moved by Councilman Streets, seconded by Councilwoman Brown and unanimously carried to approve the Subrecipient Agreement for the Community Development Block Grant Program, CDFA No , in the not-to-exceed amount of $40,000.00, with the Fort Myers Chapter of Kappa Alpha Psi Educational Foundation, Inc., for crime prevention and public safety activities for City at-risk youth 12 to 18 years of age with low to moderate income that is at or 80 percent below the area median income. NO. 10 PUBLIC HEARING SECOND READING: RESOLUTION NO VACATING A 10 FOOT WIDE PUBLIC UTILITY EASEMENT LYING BENEATH THE HOUSE AT 3752 HAROLD AVENUE IN LOTS 3 AND 6, BLOCK 10, BURTWOOD SUBDIVISION, AS REQUESTED BY DR. BARBARA BELL ESHBAUGH, OWNER

5 (QUASI-JUDICIAL) Pursuant to advertisement in the News-Press, issue of January 20, 2014, Affidavit of Publication on file, a public hearing was held at this time on vacating the public utility easement lying beneath the house at 3752 Harold Avenue in Lots 3 and 6, Block 10, Burtwood Subdivision as requested by Dr. Barbara Bell Eshbaugh, owner. Mayor Henderson introduced and caused to be read by Grant W. Alley, City Attorney, in full by its title for the second reading, a resolution as hereinafter set out entitled: RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, VACATING A 10 FOOT WIDE PUBLIC UTILITY EASEMENT LYING BENEATH THE RESIDENCE AT 3752 HAROLD AVENUE LOCATED IN SECTION 34, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Henderson stated that the property was described as follows: Lot 3 described as follows: west lot line feet, north lot line 145 feet, east lot line feet, south lot line feet and Lot 6, described as follows; west lot line feet, north lot line 145 feet,east lot line feet, south lot line feet both of Block 10, Burtwood, according to the plat thereof as recorded in Plat Book 7, Page 32, together with that area west of Lot 6 and the Caloosahatchee River between an extension of the north and south lines of said lots with a 5 foot easement for public utilities on the west side of Lot 3 and a 5 foot easement for public utilities on the east side of Lot 6 running parallel to said lot line from the south to the north for the entire length of said lots. Councilwoman Matthews stated that she had no exparte communication regarding the vacation of a 10 foot wide public utility easement lying beneath the house at 3752 Harold Avenue in Lots 3 and 6, Block 10, Burtwood Subdivision. Councilman Flanders stated that he had no exparte communication regarding the vacation of a 10 foot wide public utility easement lying beneath the house at 3752 Harold Avenue in Lots 3 and 6, Block 10, Burtwood Subdivision. Councilman Banks stated that he had discussion with Dr. Eshbaugh regarding the process of vacating a 10 foot wide public utility easement lying beneath the house at 3752 Harold Avenue in Lots 3 and 6, Block 10, Burtwood Subdivision. Mayor Henderson stated that he had no exparte communication regarding the vacation of a 10 foot wide public utility easement lying beneath the house at 3752 Harold Avenue in Lots 3 and 6, Block 10, Burtwood Subdivision. Councilwoman Brown stated that she had no exparte communication regarding the vacation of a 10 foot wide public utility easement lying beneath the house at 3752 Harold Avenue in Lots 3 and 6, Block 10, Burtwood Subdivision. Councilman Streets stated that he had no exparte communication regarding the vacation of a 10 foot wide public utility easement lying beneath the house at 3752 Harold Avenue in Lots 3 and 6, Block 10, Burtwood Subdivision. Marie Adams, MMC, City Clerk, administered the oath to those persons who would testify during the quasi-judicial public hearing. Robert Gardner, Director, Community Development Department, stated that the public utility easement was created in 1955 and was a paper easement and there were no utilities in the easement. Mr. Gardner stated that Florida Power & Light Company submitted a letter of no objection to the vacation. Mr. Gardner stated that the Planning Board, at its regular meeting held on December 4, 2013, found the vacation to be consistent with the Comprehensive Plan and the Land Development Code. There

6 being no one present to be heard, it was moved by Councilman Banks, seconded by Councilman Flanders and unanimously carried to adopt Resolution No at 5:39 o clock p.m. NO. 11 PUBLIC HEARING SECOND READING: RESOLUTION NO VACATING A PORTION OF THE UNIMPROVED RIGHT-OF-WAY FOR AN ALLEY LYING ADJACENT TO THE NORTH PROPERTY LINE OF 2023 KATHERINE STREET, LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF KATHERINE STREET AND CLEVELAND AVENUE, AS REQUESTED BY LINDA STEWART, DAVID DOUGLAS AND ASSOCIATES, REPRESENTING NEW MISSION SYSTEMS, INC., OWNER (QUASI-JUDICIAL) Pursuant to advertisement in the News-Press, issue of January 20, 2014, Affidavit of Publication on file, a public hearing was held at this time on vacating a portion of the unimproved right-of-way for an alley lying adjacent to the north property line of 2023 Katherine Street, located at the northeast corner of the intersection of Katherine Street and Cleveland Avenue, as requested by Linda Stewart, David Douglas and Associates, representing New Mission Systems, Inc., owner. Mayor Henderson introduced and caused to be read by Grant W. Alley, City Attorney, in full by its title, for the second reading, a resolution as hereinafter set out entitled: RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, VACATING THE UNIMPROVED RIGHT-OF-WAY FOR AN ALLEY LYING ADJACENT TO THE NORTH PROPERTY LINE OF 2023 KATHERINE STREET IN SECTION 34, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Henderson stated that the property was described as follows: A parcel of land being part of the 15 foot alley being in Block 5, as shown on the plat of Wm. Jeffcoats Subdivision, according to the plat thereof recorded in Plat Book 4, Page 19 City of Fort Myers, Public Records of Lee County, Florida and further bounded and described as follows: From the Point of Beginning being in the northwest corner of Lot 13, Block 5, Wm. Jeffcoats Subdivision, according to the plat as recorded in Plat Book 4, Page 19, thence N W. for feet along the easterly right-of-way of Cleveland Avenue to the southwest corner of Lot 12; thence N E. for feet along the southerly lot lines of Lots 12 through 9 to the southeast corner of Lot 9; thence S E. for feet to the northeast corner of Lot 16; thence S W. for feet along the northerly lot lines of Lots 16 through 13 to the point of beginning. Bearings are based on the easterly right-of-way of Cleveland Avenue being N W. Containing 3,000 square feet or acres, more or less. Councilwoman Matthews stated that she had no exparte communication regarding the vacation of a portion of the unimproved right-of-way for an alley lying adjacent to the north property line of 2023 Katherine Street. Councilman Flanders stated that he had no exparte communication regarding the vacation of a portion of the unimproved right-of-way for an alley lying adjacent to the north property line of 2023 Katherine Street. Councilman Banks stated that he had no exparte communication

7 regarding the vacation of a portion of the unimproved right-of-way for an alley lying adjacent to the north property line of 2023 Katherine Street. Mayor Henderson stated that he had no exparte communication regarding the vacation of a portion of the unimproved right-of-way for an alley lying adjacent to the north property line of 2023 Katherine Street. Councilwoman Brown stated that she had no exparte communication regarding the vacation of a portion of the unimproved right-of-way for an alley lying adjacent to the north property line of 2023 Katherine. Councilman Streets stated that he had no exparte communication regarding the vacation of a portion of the unimproved right-of-way for an alley lying adjacent to the north property line of 2023 Katherine Street. Marie Adams, MMC, City Clerk, administered the oath to those persons who would testify during the quasi-judicial public hearing. Mayor Henderson stated that the building on the site was demolished and the applicant intended to develop the site. Mayor Henderson stated that Comcast Cable, Century Link, Florida Power & Light Company, and TECO/People s Gas submitted letters of no objection to the vacation Mayor Henderson stated that the Planning Board, at its regular meeting held on December 4, 2013, found the vacation to be consistent with the Comprehensive Plan and Land Development Code. There being no one present to be heard, it was moved by Councilman Flanders, seconded by Councilman Streets and unanimously carried to adopt Resolution No at 5:42 o clock p.m. NO. 11a RESOLUTION NO URGING THE UNITED STATES HOUSE OF REPRESENTATIVES TO APPROVE THE WATER RESOURCE DEVELOPMENT ACT OF 2013 AND FUND CONSTRUCTION OF THE C-43 RESERVOIR, THE CENTRAL EVERGLADES PLANNING PROJECT, THE COMPREHENSIVE EVERGLADES RESTORATION PLAN, AND THE REHABILITATION OF THE HERBERT HOOVER DIKE Mayor Henderson introduced and caused to be read by Grant W. Alley, City Attorney, in full by its title, a resolution as hereinafter set out entitled: RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, URGING THE UNITED STATES HOUSE OF REPRESENTATIVES TO APPROVE THE WATER RESOURCES DEVELOPMENT ACT OF 2013 AND FUND CONSTRUCTION OF THE C-43 RESERVOIR PROJECT, THE CENTRAL EVERGLADES PLANNING PROJECT, THE COMPREHENSIVE EVERGLADES RESTORATION PLAN, AND THE REHABILITATION OF THE HERBERT HOOVER DIKE; AND PROVIDING FOR AN EFFECTIVE DATE Mayor Henderson stated that the passage of the Water Resource Development Act of 2013 and funding construction of the C-43 Reservoir, the Central Everglades Planning Project, the Comprehensive Everglades Restoration Plan, and the rehabilitation of the Herbert Hoover Dike was critical for the City and the local region. Mayor Henderson stated that water was a high priority for the City and the project was critical for reducing high-flow impacts from Lake Okeechobee to southwest Florida coastal communities and providing freshwater flows to the Caloosahatchee estuary during the dry season. It was moved by Councilman Flanders and seconded by Councilwoman Brown to adopt Resolution No Mayor Henderson stated that Alcalde & Faye, Ltd., Federal lobbyist for the City, understood the importance of the increase in flood insurance premiums. Mayor Henderson stated that there was an effort to delay the increase in flood insurance premiums because legislators acted without having all the information and money needed to be spent to gather facts to make a decision. Mayor Henderson stated that the Federal Emergency Management System was out of money and the way the issue had been addressed was punitive to the

8 citizens of Florida. Mayor Henderson stated that people living in flood plains in Florida paying flood insurance premiums were donors to the Federal Emergency Management Agency program, which meant Florida citizens paid more money into the program than received for catastrophic events. Mayor Henderson stated that Florida was not the problem regarding the financial problems of the Federal Emergency Management Agency, and the lobbyists needed to get the Legislators to respect that fact. Mayor Henderson stated that the flood insurance increase in premiums would have a devastating effect on economic activity, and people would be reluctant to move to Florida with a substantial amount of Florida subject with flooding. It was moved by Councilman Flanders, seconded by Councilwoman Brown and unanimously carried to adopt Resolution No at 5:44 o clock p.m. NO. 11b SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE Councilman Banks stated that the Regional Planning Council hosted a meeting that included nine economic development directors from several counties including Sarasota and Collier. Councilman Banks stated that the Southwest Florida Economic Development Alliance was a private group that could operate outside of the Sunshine Law. Mayor Henderson stated that an environment would be created that was business friendly with good curb appeal, attraction, and demographics for business to consider Fort Myers, if the City continued economic development and implemented current policies. No action taken. NO. 11c NOMINATION OF MARVIN JACKSON BURGES, JR. FOR REAPPOINTMENT TO THE BOARD OF ADJUSTMENTS Mayor Henderson stated that Marvin Jackson Burges, Jr. was nominated by Councilwoman Matthews for reappointment to the Board of Adjustments, term effective January 5, 2014, through January 4, It was moved by Councilwoman Matthews, seconded by Councilwoman Brown and unanimously carried to approve the appointment of Marvin Jackson Burges, Jr. to the Board of Adjustments, term effective January 5, 2014, through January 4, NO. 12 ADVISORY BOARD VACANCIES Mayor Henderson stated that there were 156 seats on citizen advisory board of which 124 had been appointing leaving 32 vacancies. No action was taken. NO. 13 DIRECT CLERK TO ADVERTISE: FIRST READING - ORDINANCE NO AMENDING ORDINANCE NO FRANK HELMERICH II TRUST PLANNED UNIT DEVELOPMENT, COLONIAL BOULEVARD, BY RENAMING TO COLONIAL EXTENSION 32 PLANNED UNIT DEVELOPMENT AND EXTENDING THE TIMEFRAMES TO COMMENCE AND COMPLETE CONSTRUCTION BY 10 YEARS (QUASI-JUDICIAL) Mayor Henderson introduced and caused to be read by Grant W. Alley, City Attorney, in full by its title, for the first reading an ordinance as hereinafter set out entitled:

9 ORDINANCE NO AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, AMENDING ORDINANCE NO FRANK HELMERICH II TRUST PLANNED UNIT DEVELOPMENT BY CHANGING THE NAME TO COLONIAL EXTENSION 32 LAND TRUST PLANNED UNIT DEVELOPMENT AND EXTENDING THE TIMEFRAMES FOR DEVELOPMENT BY TEN YEARS ON PROPERTY LOCATED AT COLONIAL BOULEVARD, SECTION 26, TOWNSHIP 44 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Henderson stated that the property was described as follows: A tract or parcel of land lying in the Southeast Quarter (S.E. ¼) of Section 26, Township 44 South, Range 25 East, Lee County, Florida, described as follows: Commencing at the southwest corner of the Southeast Quarter (S.E. ¼) of the aforesaid Section 26; thence run S.89º38 20 E. along the south line of said Section 26 for feet; thence run N.00º21 40 E. for feet to a point on the north right-of-way line of Colonial Boulevard (State Route feet wide) and the point of beginning; thence continue N.00º21 40 E. for feet to a point of curvature; thence run northeasterly for feet along the arc of a curve concave southeasterly, with a radius of 1, feet, a delta of 15º26 48, a chord bearing of N.08º05 04 E. and a chord distance of feet; thence run S.89º38 20 E. (not radial to the previously described line) for feet; thence run S.00º21 40 W. for feet to a point on the north right-of-way line of said Colonial Boulevard; thence run N.89º38 20 W. along said north right-of-way line for feet to the point of beginning. Said tract contains acres, more or less, and is subject to easements, restrictions, and reservations of record. Bearings are based on the south line of the Southeast Quarter (S.E. ¼) of the aforesaid Section 26 as being S.89º38 20 E. Attorney Alley stated that Councilman Leonardo submitted an dated, indicating that he supported the request. It was moved by Councilman Banks, seconded by Councilman Flanders and unanimously carried to direct the City Clerk to advertise Ordinance No for a public hearing. NO. 13a PERMISSION TO ADVERTISE: INVITATION FOR PROPOSALS FOR LEASE OF SUITE E, 2217 FIRST STREET, IN THE CITY OF PALMS PARKING GARAGE, CONSISTING OF 1,006 SQUARE FEET AND ZONED CIVIC IN THE DOWNTOWN COMMUNITY REDEVELOPMENT AREA, PURSUANT TO FLORIDA STATUTE Mayor Henderson stated that the Invitation for Proposals for the lease of Suite E, 2217 First Street, in the City of Palms Parking Garage consisting of 1,006 square feet, more or less, and zoned Civic in the Downtown Community Redevelopment Area. Councilman

10 Flanders stated that Wiseguys, a deli, had a lease that was effective until October 31, 2016, for Suite E, 2217 First Street. Councilman Flanders stated that the City was notified by Wiseguys that they were selling the business and had a potential buyer. Councilman Flanders stated that the buyer could not assume the lease of Suite E, 2217 First Street with Wiseguys due to requirements in Florida Statute , therefore a new lease was needed. Councilman Flanders stated that the City must advertise for proposals to enter into a lease for property in a community redevelopment area. It was moved by Councilman Flanders, seconded by Councilwoman Brown and unanimously carried to grant permission to advertise for Invitation for Proposals for the lease of Suite E, 2217 First Street, in the City of Palms Parking Garage, consisting of 1,006 square feet, more or less, and zoned Civic in the Downtown Community Redevelopment Area, pursuant to Florida Statute NO. 14 PERMISSION TO ADVERTISE: INVITATION FOR PROPOSALS FOR THE LEASE OF SUITE F, 2123 FIRST STREET, IN THE CITY OF PALMS PARKING GARAGE, CONTAINING 1,006 SQUARE FEET ZONED CIVIC IN THE DOWNTOWN COMMUNITY REDEVELOPMENT AREA, PURSUANT TO FLORIDA STATUTE Mayor Henderson stated that the Invitation for Proposals for the lease of Suite F, 2123 First Street, in the City of Palms Parking Garage consisting of 1,006 square feet, more or less, was zoned Civic in the Downtown Community Redevelopment Area. Councilman Flanders stated Denison Parking, the City parking contractor, occupied Suite F, 2123 First Street. Councilman Flanders stated that the City entered into a contract on August 1, 2013, with Denison Parking to manage 2,221 parking spaces in the downtown area. Councilman Flanders stated that the occupancy of the office space by Denison Parking was not part of the parking agreement therefore a lease was required. Councilman Flanders stated that the City must advertise for proposals to enter into a lease for property in a community redevelopment area. It was moved by Councilman Flanders, seconded by Councilwoman Brown and unanimously carried to grant permission to advertise for Invitation for Proposals for the lease of Suite E, 2123 First Street, in the City of Palms Parking Garage, consisting of 1,006 square feet, more or less, and zoned civic in the Downtown Community Redevelopment Area, pursuant to Florida Statute NO. 15 PERMISSION TO ADVERTISE: INVITATION FOR PROPOSALS FOR THE LEASE OF SUITES A AND B, 1451 MONROE STREET, IN THE CITY OF PALMS PARKING GARAGE, CONTAINING 1,580 SQUARE FEET ZONED CIVIC IN THE DOWNTOWN COMMUNITY REDEVELOPMENT AREA, PURSUANT TO FLORIDA STATUTE Mayor Henderson stated that the Invitation for Proposals for the lease of Suites A and B, 1451 Monroe Street, in the City of Palms Parking Garage, containing 1,580 square feet, more or less, was zoned Civic in the Downtown Community Redevelopment Area. Councilman Flanders stated that the Art League of Fort Myers occupied retail Suites A and B at 1451 Monroe Street in the City of Palms Parking Garage. Councilman Flanders stated that the Art League of Fort Myers would continue to occupy the property on a month to month basis. It was moved by Councilman Flanders, seconded by Councilwoman Matthews and unanimously carried to grant permission to advertise for Invitation for Proposals for the lease of Suites A and B, 1451 Monroe Street, in the City of Palms Parking Garage, containing 1,580 square feet zoned civic in the Downtown Community Redevelopment Area, pursuant to Florida Statute NO. 15a INTERLOCAL AGREEMENT FOR STRAY ANIMAL CONTROL SERVICES WITH LEE COUNTY, FLORIDA William P. Mitchell, City Manager, stated that the Interlocal Agreement for Stray Animal Control Services, in the amount of $446,266.00, with Lee County was the annual contractual arrangement for Lee County to

11 provide animal services within the City. Mr. Mitchell stated that the contract had a lower funding requirement for the City which was attributable to a redistribution of fees and charges for animal control services. Councilman Flanders stated that the 33 percent reduction in cost was beneficial to the City. Mr. Mitchell stated that Fort Myers provided 12.7 percent of the Lee County Animal Control for Fiscal Year 2014 budget based on the Fiscal Year 2012 cost of operations of $3,522, Mr. Mitchell stated that the reduction in cost was due to sharing a portion of Lee County revenue with all participating entities and making a change in the allocation methodology for the cost of field operations. It was moved by Councilman Flanders, seconded by Councilman Streets and unanimously carried to approve the Interlocal Agreement for Stray Animal Control Services, in the amount of $446,266.00, with Lee County. NO. 15b COMMITMENT OF A FUTURE LOCAL CONTRIBUTION TO THE HOUSING AUTHORITY OF THE CITY OF FORT MYERS AS PART OF A 100 UNIT ASSISTED LIVING FACILITY PROJECT William P. Mitchell, City Manager, stated that commitment of a future local contribution, in the amount of $50,000.00, to the Housing Authority of the City of Fort Myers as part of a 100 unit assisted living facility project which provided assisted living units for lower to moderate income individuals and families who had a difficult time affording assisted living. Mr. Mitchell stated that funding required local contribution from the local government agency, in this case the City, where the project would be located. Mr. Mitchell stated that the planned request for the State Apartment Incentive Loan (SAIL) funding for the project carried a $50, local contribution requirement. Mr. Mitchell stated that the proposed assisted living facility would be located on a 3 acre site west of Michigan Avenue Link and north of Dr. Martin Luther King Jr. Boulevard at 4258 Michigan Avenue Link. Mr. Mitchell stated that the project would be a 3 story elevator enclosed building with 100 units. Mr. Mitchell stated that the local contribution options were fee waiver, loan to the project, and fee deferral. It was moved by Councilman Streets, seconded by Councilwoman Brown and unanimously carried to approve the commitment of a future local contribution, in the amount of $50,000.00, to The Housing Authority of the City of Fort Myers as part of a 100 unit assisted living facility project. NO. 15c RATIFY COLLECTIVE BARGAINING AGREEMENT WITH THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., GULF COAST CHAPTER William P. Mitchell, City Manager, stated that ratification of the Collective Bargaining Agreement with the Florida Police Benevolent Association, Inc., Gulf Coast Chapter, effective October 1, 2012, through September 30, 2015, was the agreement that the City and the Florida Police Benevolent Association, Inc., Gulf Coast Chapter had worked on for approximately two years. Mr. Mitchell stated that the agreement was ratified by the Florida Police Benevolent Association, Inc., Gulf Coast Chapter, on January 30, 2014, with a vote of 92 yes and 35 no. It was moved by Councilman Streets, seconded by Councilwoman Brown and unanimously carried to ratify the Collective Bargaining Agreement with the Florida Police Benevolent Association, Inc., Gulf Coast Chapter, effective October 1, 2012, through September 30, PUBLIC COMMENT - NON-AGENDA ITEMS: Paul Schafer, resident, stated that there were 2 developments planned with more than 200 homes and more than 350 vehicles traveling through the intersection of Winkler Avenue Extension and Challenger Boulevard. Mr. Schafer stated that there were 2 schools on Winkler Avenue Extension and the speed limit was 45 miles per hour. Mr. Schafer stated that there were 2 to 3 near accidents on a daily basis at the intersection because there were stop signs on Challenger Boulevard but not on Winkler Avenue Extension. Mr. Schafer stated that there were more than 50 children walking to Ray V. Pottorf Elementary School,

12 4600 Challenger Boulevard, and Paul Laurence Dunbar Middle School, 4750 Winkler Avenue Extension. Mr. Schafer stated that there should be a school zone speed limit or a stop light at the intersection. Mayor Henderson stated that the City Manager would discuss the issue with Saeed Kazemi, Director, Public Works Department. Councilman Streets stated that the intersection was confusing as to whether there was a four way stop and an engineering study should be conducted regarding lowering the speed limit or installing a traffic light at the intersection. No action was taken. There being no further business to come before the meeting, it was moved by Councilman Streets, seconded by Councilwoman Brown and unanimously carried to adjourn at 6:16 o clock p.m. ATTEST: Marie Adams, MMC City Clerk