April 17 Agenda
April 17 Agenda
April 17 Agenda
Please complete a "Request to Speak" form if you plan to address the City Council and
submit to the Cit Clerk rior to the start of the meetin .
CALL TO ORDER
Opening Prayer
Roll Call
Page 1 of 7
AGENDA
CITY COUNCIL MEETING
April3, 2017
4:30 o'clock p.m.
Cit)' of Palms
Page 2 of 7
AGENDA
CITY COUNCIL MEETING
April 3, 2017
~
g
4:30 o'clock p.m.
City of Palms
Page 3 of7
AGENDA
CITY COUNCIL MEETING
April 3, 2017
4:30 o'clock p.m.
City of Palms
Page 4 of 7
AGENDA
CITY COUNCIL MEETING
April 3, 2017
4:30 o'clock p.m.
City of Palms
PERMISSION TO ADVERTISE
Page 5 of 7
AGENDA
CITY COUNCIL MEETING
April 3, 2017
4:30 o'clock p .m.
City of Palms
Page 6 of 7
AGENDA
CITY COUNCIL MEETING
April 3, 2017
4:30 o'clock p.m.
Ciry of Palms
Adjourn
If a person decides to appeal any decision m ade 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, h e or she may n eed 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.
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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 7 of7
AGENDA 1
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
FUNDING SOURCE: NA
FISCAL IMPACT: NA
BACKGROUND INFORMATION: The City Employee Recognition Program was created in 2011
to recognize employees who demonstrated significant con tributions, outstanding
accomplishments, and excellent customer service. The program provides an incentive which is
obtainable by employees of the City for recognition of exemplary performance that benefits the
organization a nd / or the community.
The program recognizes 3 employees quarterly, one each from the Fire Department, Police
Department, and the general workforce. An employee may be nominated by a fellow employee,
supervisor, or department director .
The recipient of the 2016 Employee of the Year award immediately reacted to a situation that
was recognized as exemplary by his peers. The Police Department, on March 25, 2016, received
a call from a female who stated that a friend of hers had posted a picture of a bridge with the
caption "what a better way to go." The male had texted the female friend that "h e would be
gone by the time help arrived." The male had been going through a rough time. His mother
h ad recently passed, his home was burned down, and he was going through a breakup with his
girlfriend. Patrol units responded to the Edison Bridge and found the male sitting atop of the
ledge threatening to jump if anyone came near him. The male was agitated and would not
speak to anyone. Several attempts to call the male went unanswered and there was no
communication. Officer Chad Thornton was introduced into the incident to attempt to bring
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: D
Continued To: To: Public Hearing Closed: D
Financial Disclosure: D
Oath: D
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Background Information - Continued
resolve to the situation. After consistent attempts and a never-give-up attitude, Officer
Thornton was able to begin a dialog with the male. Officer Thornton gained the male's
trust through understanding and being supportive and encouraging. In conclusion , the
male decided to listen to the advice of Officer Thornton bringing the incident to a
peaceful resolution. Officer Thornton is commended and recognized for his efforts
during a critical incident and if not for the actions of Officer Thornton, someone had a
chance to live another day.
The Employee of the Year is Police Officer Chad Thornton. He will receive a $1,000 gift
card, a plaque, and a Certificate of Recognition.
Page 2
AGENDA 2
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
WHAT ACTION ACCOMPLISHES: Updates the City Council on the Horizon Council activities.
BACKGROUND INFORMATION:
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
AGENDA 3
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
MEETING DATE: April3, 2017 AGENDA ITEM NO. 3
WARD: All Revised: (Date & Time)
[gJ Regular 0 Special 0 Workshop --
Quasi-Judicial 0 Yes [gl No
18] Proclamations O consent 0Public 0City Council 0Permission Deity 0City
& Special Hearings Comments & to Advertise Manager's Attorney's
Presentations Items for Items Ite ms
Consideration
MOTION: A motion is not required. MANAGEMENT RECOMMENDATION:
Proclaim April 2017 as National Health care
Decisions Month.
FUNDING SOURCE: N/ A
FISCAL IMPACT: N / A
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: D
Continued To: To: Public Hearing Closed: D
Financial Disclosure: D
Oath: D
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
Wberens, the theme for this year's National Healthcare Decisions Day is, "It
always seems too early, until it's too late"; and
Wijrrras, every competent adult has the right to make decisions concerning his
or her own health; including the right to choose or refuse medical treatment;
and
WIJHPRS, Advance Directives are the tools competent adults can utilize to plan
and make the above decisions; and
1)ioto, \!!:l)erefo rl', I, Randall P. Henderson, Jr., by virtue of the authority vested
in me as Mayor of the City of Fort Myers, Florida, do hereby proclaim
April 2017, as
]n Witnrss tberrof, I have hereunto set my hand and the Great Seal of the City
of Fort Myers, Florida, on this 3rd day of April in the Year of our Lord Two
Thousand and Seventeen.
.
'J '
'
I AGENDA 4
MINUTES
March 6, 20 17
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, Febru ary 21, 2017,
at 4:34 o'clock p.m. Present were Mayor Randall P. Henderson, Jr.,
presiding, Council Members Teresa Watkins Brown, Johnny W.
Streets, Jr., Terolyn P. Watson, Michael Flanders, Forrest Banks, and
Gaile H. Anthony. Also present were Saeed Kazemi, P.E., City Manager;
Marie Adams, MMC, City Clerk; and Grant W. Alley, City Attorney.
Absent: None.
Mayor Henderson led the Pledge of Allegiance to the Flag of the United
States of America.
2
MINUTES
March 6, 2017
NO. lOa Aleshia Day, resident, stated that Javaris Wardlow, father of her
children, was arrested on January 19,2017, as a part of Operation Great
Lakes, a two year operation by the Police Department and State Attorney's
Office, that resulted in charges under the Racketeer Influenced and
Corrupt Organizations Act. Ms. Day stated that it was unknown if the
police officers that arrested Mr. Wardlow were a part of the investigation
of corrupt officers. Ms. Day stated that she and her children were treated
unfairly at the time of the arrest and had to sit outside for 10 hours. Ms.
Day stated that her children were removed from the home by the
Department of Children and Families. Ms. Day stated that Mr. Wardlow
had filed complaints of harassment against police officers in the Police
Department prior to his arrest. Ms. Day stated that there were differing
reports from the Police Department regarding the arrest. Ms. Day stated
that her children were placed in a foster home for approximately 2 weeks.
Ms. Day stated that she was not arrested and was available to take care of
the children when they were removed from her custody. A motion was not
made.
Mr. Muwakkil stated that some issues identified in the Police Department
Needs Assessment conducted by the Freeh Group International
Solutions, LLC were ongoing. Mr. Muwakkil stated that the heavy
handedness, profanity, and disrespect by police officers was ongoing. Mr.
Muwakkil stated that law abiding citizens were treated like criminals. Mr.
Muwakkil stated that employment and educational opportunities were
needed in Harlem Lakes. Mr. Muwakkil stated that the Police Department
needed to be transparent. Mr. Muwakkil stated that Chief Diggs should
ask the Florida Department of Law Enforcement to assist with correcting
issues at the Police Department. Mr. Muwakkil stated that police officers
did not speak to people in the community. A motion was not made.
3
MINUTES
March 6, 2017
MODIFY CONTRACT NO. 16-DS-T9-09-46-02-412, SUBGRANT TO THE
2015 STATE HOMELAND SECURITY GRANT PROGRAM FOR
HAZARDOUS MATERIALS TRAINING AND SUSTAINMENT OF
EQUIPMENT, EXTENDING THE COMPLETION DATE Modification No. 1
to Subgrant Agreement between the Division of Emergency Man agement
and the City to modify Contract No. 16-DS-T9-09-46-02-412, Subgrant to
the 2015 State Homeland Security Grant Program for Hazardous Materials
Training and Sustainment of Equipment, extended the completion date to
April30, 2017. The City, on April29, 2016, received funding, in the
amount of $56,749.00, from the 20 15 State Homeland Security Grant
Program, Agreement No. 16-DS-T9-09-46-02-412, for Hazardous
Materials (HazMat) training and sustainment of equipment. Expenditures
for the grant totaled $46,274.00 as of December 31, 2016. A request was
made on January 6, 2017, to extend the period of performance to April30 ,
2017, to spend the remaining balance of$10,475.00. The Fire Department
was notified on February 7, 20 17, that the request for an extension beyond
December 31, 2016, the ending date of the Agreement was approved. The
Agreement was r einstated and extended to April30, 20 17. The balance of
unspent funds will be used for sustainment of hazardous materials
equipment.
4
MINUTES
March 6, 2017
Phase II: Included new roadway improvements, utility
installation, drainage improvements and street lighting
installation between Veronica S. Shoemaker Bouleva rd a nd
Ortiz Avenue.
5
MINUTES
March 6, 2017
Planning Board. Staff recommended approval and found the replat to be
consistent with the City Comprehensive Plan and Land Development Code.
6
MINUTES
March 6, 2017
33.26 feet; thence South 4002'29" West, a distance of
7.67 feet; thence South 43 11 '24" West, a distance of
36.70 feet; thence South 44 15'02" West, a distance of
39.58 feet; thence South 2443'20" West, a distance of
25.22 feet; thence South 14 16'47" West, a distance of
25.75 feet; thence South 11 07'24" West, a distance of
31.71 feet; thence South 0010'06" East, a distance of
9.26 feet; thence South 3800'42" West, a distance of
4.73 feet; thence South 5942'11" West, a distance of
4.96 feet; thence South 61 o 16'00" West, a distance of
14.52 feet; thence South 5346'51" West, a distance of
71.02 feet; thence South 6525'38" West, a distance of
8.55 feet; thence North 8758'0 1" West, a distance of
7.97 feet; thence North 7513'20" West, a distance of
6.26 feet; thence North 6549'34" West, a distance of
33.79 feet; thence North 3937'18" West, a distance of
37.37 feet; thence North 45 18'04" West, a distance of
79.84 feet; thence North 5648'27" West, a distance of
13.04 feet; thence North 7205'58" West, a distance of
20.60 feet; thence South 8658'33" West, a distance of
21.90 feet; thence North 8838'32" West, a distance of
20.60 feet; thence South 79 16'42" West, a distance of
11.76 feet; thence South 6933'46" West, a distance of
44.06 feet; thence South 6001 '49" West, a distance of
18.11 feet; thence South 5639'57" West, a distance of
8.66 feet; thence South 4600'49" West, a distance of
14.24 feet; thence South 3006'16" West, a distance of
17.96 feet; thence South 1243'36" West, a distance of
15.51 feet; thence South 0938'31" East, a distance of
38.70 feet; thence South 3041'37" East, a distance of
16.86 feet; thence South 31 29'05" East, a distance of
60.48 feet to an intersection with a non-tangent curve to the
left; thence southeasterly on the arc of said non -tangent
curve to the left having, a radius of 59.13 feet, a delta angle
of 2407'35", a chord bearing of South 5235'32" East, and a
chord distance of 24.72 feet, for an arc distance of 24.90 feet
to an intersection with a non-tangent curve to the right;
thence southerly on the arc of said a non-tangent curve to
the right having, a radius of 19.69 feet, a delta angle of
101 04'59", a chord bearing of South 1353'25" East, and a
chord distance of 30.41 feet, for an arc distance of 34.7 4 feet
to an intersection with a non-tangent line; thence
South 6813' 11" West, a d istance of 11 .48 feet; thence
South 8028'32" West, a distance of 37.57 feet; thence
South 8841'41 " West, a distance of 34.9 1 feet; thence
North 8807'25" West, a distance of 31.27 feet; thence
South 8610'36" West, a distance of 20.25 feet; thence
North 8317'18" West, a distance of 36.88 feet; thence
South 8358'55" West, a distance of 27 .80 feet; thence
South 6514'56" West, a distance of 43.88 feet; thence
North 2529'34" East, a distance of 177.82 feet to an
intersection with a point of curvature; thence northerly on
the arc of a curve to the left having, a radius of 10.00 feet, a
delta angle of 8350' 19", a chord bearing of
North 1625'35" West, and a chord distance of 13.36 feet, for
an arc distance of 14.63 feet to a point of tangency ; thence
North 5820'45" West, a distance of 38.95 feet; thence
North 1811 '02" West, a distance of 7.75 feet; thence
South 8705'35" West, a distance of 24.25 feet; thence
North 0030'21 " East, a distance of 6.42 fee t; thence
North 2315'50" West, a distance of 14.38 feet to an
intersection with a non-tangent curve to the right; thence
northerly on the arc of said non-tangent curve to the right
having, a radius of 60.59 feet, a delta angle of 1744'23", a
7
MINUTES
March 6, 20 17
chord bearing of north 0844'38" west, and a chord distance
of 18.69 feet, for an arc distance of 18.76 feet to an
intersection with a non-tangent line; thence
North 0448'20" East, a distance of 56.75 feet; thence
North 0033'28" West, a distance of 48.57 feet; thence
North 01 09'37" East, a distance of 42.28 feet; thence
North 01 04'38" West, a distance of 69.86 feet to the point of
beginning.
8
MINUTES
March 6, 2017
42.36 feet; northeasterly line of said Lot 9, Block B; thence
run S 31 52'37" E along said northeasterly line for 5.59 feet;
thence run S 8440'49" W for 22.37 feet; thence run
S 58. 07'23" W for 40.00 feet; thence runS 31 . 33'01" W for
44.71 feet to the point of beginning.
9
MINUTES
March 6, 2017
(chord 7.07 feet) for 7.85 feet to a point of tangency; thence
runS 31 52'37" E for 105.00 feet to the point of beginning.
was from the City to Cedar River at Fort Myers LLC. Cedar River of Fort
Myers LLC granted two drainage easements to the City on December 19,
2008, and January 13, 2009, respectively, located in Lot 9, Block B,
Dean's Subdivision. The easements included language to terminate upon
the occurrence of the subject property being developed and permanent
flood barrier installed to provide protection for interior properties. The
property was being developed as Allure, 2601 First Street, formerly known
as The Cypress Club and the easements were no longer required.
10
MINUTES
March 6, 2017
contribution since the City did not pay for the assets. The total
contributory assets for Phase 4A sewer was $470,776.05 and water was
$226,137.69.
11
MINUTES
March 6, 2017
be turned down because of land use because it was against state
regulations. It was moved by Councilman Banks and seconded by
Councilman Flanders to continue the final plat for Caloosa Pointe
Subdivision, located west of Melaleuca Lane and Caloosa Vista Drive as
requested by Andrew D. Fitzgerald, P.E., DeLisi Fitzgerald , Inc.,
representing D.R. Horton, Inc., owner, to April3, 2017. Councilman
Flanders stated that D.R. Horton, Inc., in 2014, purchased two old houses
on lots on Alhambra Drive. Councilman Flanders stated that
D.R. Horton, Inc. cleared the old homes, replatted the two lots to three
lots, and built nice homes. Councilman Flanders stated that the concern
of the residents on Alhambra Drive was with the removal of the Live Oak
trees and the proximity of a two story house to the 7 foo t setbacks next to
one story houses. Councilman Flanders stated that the injection of new
projects in older neighborhoods was good but the City Code needed to
ensure compatibility of new structures with the surrounding area.
Councilman Flanders stated that the requirements for compatibility in a
single-family neighborhood should be considered. Councilman Banks
stated that the plat was reviewed and the lots were 80 feet by 135 feet.
Councilman Banks stated that the new houses would increase property
values throughout the neighborhood. Councilman Banks stated that
residents were concerned abou t increased traffic on Melaleuca Lane.
Councilman Banks stated that the plat was approved for 15 units and
D.R. Hor ton, Inc. would construct 9 units. Councilman Banks stated that
the residents needed a chance to speak prior to approval of the plat. Mayor
Hender son stated that the City Manager should work with D.R. Horton to
coordinate deliveries and truck traffic on Melaleuca Lane. Mayor
Henderson stated that the City should do what it could to minimize
disruption to the neighbors. It was moved by Councilman Banks,
seconded by Councilman Flanders an d unanimously carried to continue
the final plat for Caloosa Pointe Subdivision, located west of Melaleuca
Lane and Caloosa Vista Drive as requested by Andrew D. Fitzgerald, P.E.,
DeLisi Fitzgerald, Inc., representing D.R. Horton, Inc., owner, to April 3,
2017.
12
MINUTES
March 6, 20 17
Councilman Flanders stated that the City should do what it could to
eliminate signalized intersections and provide safe intersections. It was
moved by Councilman Flanders and seconded by Councilwoman Anthony
to approve Traffic Signal Maintenance and Compensation Agreement
Exhibit A, in the amount of $270,350.00, with the Florida Department of
Transportation for Fiscal Year 2017-2018. Mr. Kazemi stated that
roundabouts would be installed at the intersections of Virginia Avenue and
McGregor Boulevard and Challenger Boulevard and Winkler Avenue. Mr.
Kazemi stated that two additional roundabouts may be installed at Hanson
Street and Ortiz Avenue and Hanson Street and VeronicaS. Shoemaker
Boulevard during construction of the Hanson Street Extension. Mr.
Kazemi stated that the City was working the Florida Department of
Transportation on a roundabout at State Road 80 and Seaboard Street.
Mr. Kazemi stated that the Traffic Calming Master Plan completed in 2002
identified 12 intersections where roundabouts were recommended. Mr.
Kazemi stated that funding to implement the roundabouts was being
sought. Mr. Kazemi stated that the Metropolitan Planning Organization
had a list of 18 intersections in Lee County in which roundabouts were
recommended and 12 of those were located in the City. Mr. Kazemi stated
that the City could install roundabouts at intersections but agreements
were needed to install roundabouts on state or county roads. It was moved
by Councilman Flanders, seconded by Councilwoman Anthony and
unanimously carried to approve Traffic Signal Maintenance and
Compensation Agreement Exhibit A, in the amount of $270,350.00, with
the Florida Department of Transportation for Fiscal Year 2017-2018.
AN ORDINANCE
To Be Entitled:
Mayor Henderson stated that the Public Art Committee worked with the
City to revise the Land Development Code to encourage additional
contributions to the public art fund. Mayor Henderson stated that the
ordinance was reviewed and approved by the Public Art Committee. Mayor
Henderson stated that the Planning Board approved the ordinance except
for Section 118.7.7 C.5, in part, as follows:
13
MINUTES
March 6, 2017
be included in the report to the planning board and city
council at any hearing to consider the planned unit
development.
Mayor Henderson stated that the Public Art Committee approved the
ordinance with the above verbiage included. Mayor Hende rson stated that
the Public Art Committee recommended verbiage in Section 118.7. 7 C.1
as follows:
14
MINUTES
March 6, 2017
Order for Arborwood Development of Regional Impact, located east of
Interstate 75 and south of Colonial Boulevard and on the east and west
sides of Treeline Avenue, to extend the timeframes for buildout, phasing
concurrency, and vesting by one year, and rescinding Ordinance No. 3777
as requested by Neale Montgomery, Esquire, representing Richard Arkin,
GL Home, and Richard McCormick, Centex Homes, owners. Mayor
Henderson introduced and caused to be read by Grant W. Alley, City
Attorney, in full by its title for the second reading, an ordinance, as
hereinafter set out entitled:
AN ORDINANCE
To Be Entitled:
15
MINUTES
March 6, 2017
of Proposed Change under Section 380, Florida Statutes, was not required.
Mayor Henderson stated that Arborwood Development of Regional Impact
was determined to be entitled to the statutory extension authorized by
Florida Statute, Section 252.363, for State of Emergency legislation in
effect for Lake Okeechobee Discharge # 16-59, Heavy Rainfall # 16-30, as
extended by Executive Orders# 16-43 and # 16-64. Mayor Henderson
stated that all on-going developments were entitled to be extended by
1 year. Mayor Henderson stated that the Planning Board, at its regular
meeting and advertised public hearing on December 7, 2016, considered
the request for approval of the timeframe extensions for Arborwood
Development of Regional Impact. The Planning Board found the
Arborwood Development of Regional Impact amendment consistent with
the Comprehensive Plan and the Land Development Code recommended
approval of the request. There being no one else present to be heard, it
was moved by Councilwoman Anthony, seconded by Councilwoman
Brown and unanimously carried to adopt Ordinance No. 3798 at
5:40 o'clock p.m.
AN ORDINANCE
To Be Entitled:
16
MINUTES
March 6, 2017
Street, had a piece of particle board nailed over a broken window for the
past 4 years. Councilman Flanders stated that there were code
enforcement issues that needed to be addressed. Councilman Flanders
stated that code enforcement was typically enforced through a complaint
system. Councilman Flanders stated that code enforcement needed to be
more aggressive through employees and actions of the City. Saeed
Kazemi, P.E., City Manager, stated that a Citywide Code Compliance
Report would be presented to City Council at a future meeting or
workshop. Mr. Kazemi stated that the report included every code violation
in the City. Mr. Titmuss stated that the majority of code enforcement
activity in the City was self-initiated activity not complaint driven. Mr.
Titmuss stated that there were only 4 code enforcement officers for the
City. Mr. Kazemi stated that a request for more code enforcement officers
would be included in the Fiscal Year2017-2018 budget. Mr. Titmuss
stated that the City was more complaint driven than it was in the past
because there were 4 Code Officers instead of 10. Mr. Titmuss stated that
Code Enforcement was 63 percent self-initiated. There being no one else
present to be heard, it was moved by Councilman Banks, seconded by
Councilwoman Brown and unanimously carried to adopt Ordinance
No. 3799 at 5:46 o'clock p.m.
17
MINUTES
March 6, 2017
the community and the Police Department. Councilman Streets stated
that the Police Department Needs Assessment recommended
reestablishing police substations. Councilman Streets stated that the
Police Department Needs Assessment let the community know their
complaints were heard by the City. Councilman Streets stated that the
City Manager initiated the study and would be held accountable by City
Council to get the job done. Councilman Banks stated that the
investigators from Freeh Group International Solutions, LLC were formerly
with the Federal Bureau of Investigations and the Department of Justice.
Councilman Banks stated that Louis J. Freeh, owner, Freeh Group
International Solutions, LLC was a former federal district court judge and
served as Director of the Federal Bureau of Investigation. Councilman
Banks stated that Chief Diggs was confronted by a state legislator
regarding a fire arm interdiction program that would provide minor
offenders an opportunity to find jobs and establish a good life instead of
returning to crime. Councilman Banks stated that there had not been a
homicide around Dunbar in 170 days. Councilman Banks stated that City
Council should provide Chief Diggs an opportunity to do his job in
response to the Police Department Needs Assessment. Councilman Banks
stated that one of the recommendations in the Police Department Needs
Assessment was for Chief Diggs to seek outside help to investigate
allegations against police officers. Councilman Banks stated that there
were no Captains on the City police force. Councilman Banks stated that
the Police Department Needs Assessment provided direction for the City to
clean up issues of the past. Councilwoman Anthony stated that the
campaign for election in 2015 for Ward 6 Council Member focused on the
issues in the Police Department and its inability to solve homicides.
Councilwoman Anthony stated that the Police Department Needs
Assessment included a unique plan for the Police Department.
Councilwoman Anthony stated that the City needed to explore funding
options to provide a new building complex for the Police Department.
Councilwoman Anthony stated that the Police Department Needs
Assessment provided a roadmap for solutions to problems in the Police
Department. Councilman Flanders stated that the investigation by the
Freeh Group International Solutions, LLC was timely. Councilman
Flanders stated that the Police Department Needs Assessment
recommended police substations in the City. Councilman Flanders stated
that the media reported that the scandal happened on the watch of City
Council. Councilman Flanders stated that implementing the
recommendations in the Police Department Needs Assessment should only
take 6 months to one year. Councilwoman Brown stated that the City
Manager was responsible for ensuring that Chief Diggs followed the
recommendations in the Police Department Needs Assessment.
Councilwoman Brown stated that City Council had the right to remove the
City Manager if the problems identified in the Police Department Needs
Assessment were not corrected. Councilwoman Brown stated that Chief
Diggs took the reins at the Police Department and was working to bring
back transparency and bridging the gap with the community.
Councilwoman Brown stated that not all police officers were corrupt.
Councilwoman Brown stated that people in power sometimes abused the
authority of their position and it happened everywhere in America.
Councilwoman Watson stated that an investigation by the United States
Department of Justice was needed because the problems in the City.
Councilwoman Watson stated that the problems in the City started before
Chief Diggs was appointed Police Chief. Councilwoman Watson stated that
City Council would not gain the respect of the residents in Wards 1, 2,
and 3 if further investigation was not completed. Councilwoman Watson
stated that an investigation by the United States Department of Justice
would be done at no cost to the City and there was nothing to lose by
requesting the investigation. Councilwoman Watson stated that the
problems identified with police officers was only scratching the surface of
a larger problem. Mr. Kazemi stated that other agencies, including the
State Attorney's Office, were involved in investigating the Police
Department. Mr. Kazemi stated that the Community Engagement Report,
18
MINUTES
March 6, 2017
prepared by Youth and Families in Crisis, LLC, a consultant to the Ci ty,
provided direction for Chief Diggs to interact with the community . Mr.
Kazemi stated that Youth and Families in Crisis, LLC was invited by Chief
Diggs to assist with the study. Mr. Kazemi stated that the problems in the
community had been around a long time and it would take four years to
flx. Mr. Kazemi stated that solutions would take time and budgets had to
be established to make the changes recommended in the Police
Department Needs Assessment. Mr. Kazemi stated that Chief Diggs
started making improvements at the Police Department before the Police
Department Needs Assessment was completed. Mr. Kazemi stated that
the police officers risked their lives every day to protect the community
and the City should support them. Mr. Kazemi stated that Chief Diggs
would flnd out which police officers did not belong in the Police
Department.
Grant W. Alley, City Attorney, left the meeting at 6:22 o'clock p.m.
Grant W. Alley, City Attorney, returned to the meeting at 6:25 o'clock p.m.
Councilman Streets stated that the City Manager should work with the
Police Chief to either use the Department of Justice, the Federal Bureau
of Investigation, Florida Department of Law Enforcement, or appeal
directly to Attorney General Pam Bondi. Councilman Street s stated that
City Council wanted the truth, transparency, and trust. Councilman
Streets stated that the residents in Wards 1, 2, and 3 used to work with
the Police Department. Councilman Streets stated that the Police
Department had community policing officers that were dedicated, trained,
and certified. Councilman Streets stated that supervisors d id not have to
follow police officers around to ensure they were doing their job because
the community would let the supervisors know if their job was not done.
Councilman Streets stated that there was an orchestrated conspiracy
from 2008 until 2016 to hijack the Police Department. Councilman
Streets stated that the rights of the families, friends, and visitors to the
community had to be protected.
It was moved by Councilman Streets to give the City Mana ge r the authority
to work with the Chief to get somebody in here to look in depth and let the
chips fall where they may. Councilwoman Anthony stated that the City
Manager and the Police Chief had the authority to call for an outside
investigation. Councilman Streets stated that the City Manager and Police
Chief needed to hear from City Council what they needed to do.
Councilman Streets stated that City Council was responsible and that
things inside the Police Department may be being destroyed. It was moved
by Councilman Streets and seconded by Councilman Flanders to give the
City Manager the authority to work with the Chief to get somebody in here
to look in depth and let the chips fall where they may. Councilwoman
Watson stated that an investigation by an outside agency was not the
decision of the City Manager. Councilwoman Watson stated that City
Council had direct the City Manager on what to do. Councilwoman
19
MINUTES
March 6, 2017
Watson stated that City Council needed to tell City Manager to bring the
Department of Justice in to investigate. Councilwoman Watson stated
that the people in Wards 1, 2, and 3 would not respect City Council if the
Department of Justice was not brought in to investigate. Councilwoman
Watson stated that the Department of Justice could lay down some rules
to follow. Councilwoman Watson stated that the Department of Justice
could investigate the jacket of each police officer and would get to the
bottom of the trouble in the Police Department. Councilwoman Watson
stated that the dir ection to bring in the Department of Justice could not
be left to the City Manager and Chief Diggs. Councilwoman Watson stated
that City Council needed to gain the respect of the people in Wards 1, 2,
and 3. Councilman Streets stated that the focus should be on the entire
City. Councilman Streets stated that City Council gave authority to the
City Manager and the Police Chief to implement the recommendations of
the Police Department Needs Assessment.
Councilman Streets stated that the motion directed the City Manager and
the Police Chief to choose the best option for an outside investigation. Mr.
Kazemi stated that the Police Chief needed to have the authority and
opportu nity to implement recommendations from th e Police Department
Needs Assessment. Councilwoman Watson stated that the Police Chief did
not know the police officers yet. Mr. Kazemi stated that it was the job of
the Police Chief to find out who the police officers were so he could direct
the Police Department. Mr. Kazemi stated that Chief Diggs had been with
the Police Departmen t for 6 months and needed time to implemen t
changes. Mr. Kazemi stated that Chief Diggs need the chance to operate
the Police Department before h e was told how t o operate the Police
Department. Mr. Kazemi stated that when Chief Diggs was hired he knew
the goals and objections. Councilman Flanders stated that if the motion
was to authorize the City Manager and the Police Chief to use legal
authorities to do investigations it was acceptable. Councilman Flanders
stated that if the motion was to tell the City Manager which organization
to use and how to u se that organization , the motion was going too far.
Councilman Flanders stated that the motion to authorize the City Manager
to use those agencies where the City Manager and the Police Chief see fit
was supported. Councilman Flanders stated that specifically telling the
City Manager and Police Chief specifically what to do, what agency to
select, and who to investigate was not supported. Councilman Streets
stated that the motion was to direct the City Manager to work with the
Police Chief to at least choose one of the four options. Councilman Streets
stated that the authority of the Police Chief or the City Manager could be
usurped. Councilman Streets stated that directives were given and it was
time for the City Manager and Police Chief to get to work. Councilman
Banks stated that further investigat ions should be the decision of the
Police Ch ief. Coun cilma n Ban ks stated that the chain of command needed
to be followed or it would affect leadership. Councilman Banks stated that
the City Council could violate the terms of the contract with the Police
Chief by in sertin g itself into the process. Councilman Banks stated that
another investigation would split the focus of the Police Chief. Councilman
Banks stated that the Police Chief could not focus on the investigation and
correcting the issues identified in the Police Department Needs
Assessment at the same time. Councilwoman Watson stated that City
Council was elected to work together to direct the City Manager who
directed the Police Chief and if City Council was not going to do that all
Council Members should step down. Councilman Streets stated that there
had been a deficit in leadership at the Police Department and it was not
from the departure of 41 officers in 2008. Councilman Streets stated that
people should trust not only the Police Department but City Council.
Councilman Streets stated that the City needed communities, not chaos.
Mayor Henderson stated that Chief Diggs needed the opportunity to
perform. Mayor Henderson stated that the process started by listening to
citizens over the past years. Mayor Henderson stated that the Mayor's
20
MINUTES
March 6, 2017
Task Force was created and during the process it was confirmed that all
law enforcement agencies were prepared to rally around the City. Mayor
Henderson stated that the agencies have supported Chief Diggs. Mayor
Henderson stated that Chief Diggs, given the opportunity, would address
all 32 recommendations in the Police Department Needs Assessment.
Mayor Henderson stated that City Council should let the process unfold
under the leadership of Chief Diggs and the City Manager. Mayor
Henderson stated that City Council had accomplished a lot to reduce crime
including starting the Mayor's Law Enforcement Task Force, working with
the faith based community, hiring Chief Diggs, and hiring Saeed Kazemi
as the new City Manager. Mayor Henderson stated that the Police
Department Needs Assessment was a plan to be used by the City Manager
and Chief Diggs. Mayor Henderson stated that the resources of every law
enforcement agency, except the military, was available to the City. Mayor
Henderson stated that the motion was not supported. Mayor Henderson
stated that it would not take 5 years to implement the recommendations
in the Police Department Needs Assessment. Mayor Henderson stated that
body cameras were used by the Police Department. Mayor Henderson
stated that surveillance cameras were installed in public places. Mayor
Henderson stated that seventeen fully outfitted police cruisers and
11 police officers wer e added to the Police Department. Mayor Henderson
stated that more resources would be allocated to the Police Department.
It was moved by Councilman Streets and seconded by Councilman
Flanders to direct the City Manager to work with the Police Chief to choose
one of 4 options; Federal Bureau of Investigation, Department of Justice,
Florida Department of Law Enforcement, or State Attorney, Pam Bondi.
Grant W. Alley, City Attorney, stated that the City Manager could engage
the outside agencies at any time and did not need the direction of City
Council to initiate contact. Councilwoman Brown stated that City Council
had to trust the process and give the City Manager and Police Chief time
to do their jobs. Councilman Streets stated that the problem in the Police
Department was bigger than City Council thought. Councilman Streets
stated that a situation created and leadership did not address it for more
than 180 days exceeding the limitations. Councilman Streets stated that
a discriminatory issue was ignored for 8 years without an internal affairs
investigation and the police officer accused was still employed at the Police
Department. Councilwoman Brown stated that Councilman Streets
should work with City Manager and Chief Diggs and share his expertise
with the Police Department. Councilman Streets stated that meetings
were held with former Police Chief Doug Baker and former City Manager,
William P. Mitchell regarding the Police Department. Councilman Streets
stated that meetings were held with Saeed Kazemi and information was
provided in writing. Councilman Streets stated that there was a deficit of
leadership in the Police Department. Councilman Streets stated that there
were police officers that did not want to do their job because if a mistake
was made they would be disciplined more harshly than those police
officers that were in the clique. Councilman Streets stated that the Police
Department Needs Assessment was done because the City Manager
listened to City Council and the community. It was moved by Councilman
Streets, seconded by Councilman Flanders to direct the City Manager to
work with the Police Chief to choose one of 4 options; Federal Bureau of
Investigation, Department of Justice, Florida Department of Law
Enforcement, or State Attorney, Pam Bondi. Councilman Banks,
Councilwoman Anthony, Mayor Hender son, Councilman Flanders, and
Councilwoman Brown voted no. Motion failed.
21
MINUTES
March 6, 2017
EQUIPMENT; AND THE PURCHASE OF 24 LAPTOPS, DOCKING
STATIONS, AND PRINTERS FOR USE IN POLICE VEHICLES, AS
RECOMMENDED NEEDS ASSESSMENT PREPARED BY THE FREEH
GROUP INTERNATIONAL SOLUTIONS, LLC AND BUDGET
AMENDMENT FROM GENERAL FUND RESERVES Saeed Kazem i, P.E.,
City Manager, stated that The Freeh Group International Solutions, LLC
was engaged by the City to conduct a Needs Assessment of the Police
Department to identify impediments to addressing violent crime within the
City, and more specifically within the Dunbar Community. Mr. Kazemi
stated that the Needs Assessment addressed a wide range of topics
including 32 recommendations and numerous suggestions. Mr. Kazemi
stated that the Police Department would proceed with three critical needs
as follows:
Mr. Kazemi stated that the Police Chief recommended hiring 1 Deputy
Police Chief as a contract position to comply with the Needs Assessment.
Mr. Kazemi stated that the contract position would be employed for
approximately 2 years.
Mr. Kazemi stated that the detectives had a desk computer and were
unable to access critical law enforcement information when on the road.
Mr. Kazemi stated that the laptops and printers provided the detectives
access to the information from their desk and in the field. Mr. Kazemi
stated that the Police Department requested 24 laptops, printers, and
docking stations, in the approximate amount $75,000.00.
Mr. Kazemi stated that the Police Chief recommended adding 2 lieutenant
positions to adequately staff the supervisory needs of the Police
Department. Mr. Kazemi stated that embracing the recommendations of
the Police Department Needs Assessment was imperative to assist the
Police Department in protecting all residents and visitors to the City and
most importantly to reduce crime and regain the trust of the community.
Mr. Kazemi stated that the annual salary and benefits for the deputy police
chief and 2 additional lieutenants was approximately $605,912.00. Mr.
Kazemi stated that based on information in the Police Department Needs
Assessment prepared by Freeh Group International Solutions, LLC the
Police Chief needed an assistant to assisting in running the Police
Department. Mr. Kazemi stated that the Deputy Chief position would be
on a contract basis and a permanent position was not being sought. Mr.
Kazemi stated that the Deputy Chief would work for the Police Chief as a
22
MINUTES
March 6, 2017
contract employee.
Mr. Kazemi stated that the restructuring of the Police Department required
the addition of two lieutenant positions. Mr. Kazemi stated that the
detectives had to hand write reports, go to the Police Department, and
enter the information into the computer. Mr. Kazemi stated that the focus
was not on the things done wrong but on solutions to help advance the
Police Department. It was moved by Councilwoman Anthony and
seconded by Councilman Flanders to approve the creation of a Deputy
Police Chief position and 2 additional Lieutenant positions for a total of
$322,456.00 including benefits and equipment; and the purchase of
24 laptops, docking stations, and printers, in the amount of $75,000.00,
for use in police vehicles, as recommended in the Needs Assessment
prepared by The Freeh Group International Solutions, LLC and approve a
budget amendment, in the amount of $397,456.00, from General Fund
Reserves of which $75,000.00 was appropriated to Information Technology
Services Department and $322,456.00 was appropriated to Police
Department. Councilwoman Watson stated that the Deputy Chief position
was needed but the problems in the Police Department needed to be solved
before adding 2 new lieutenant positions. Derrick Diggs, Police Chief,
stated that there were vacancies at the Police Department. Chief Diggs
stated that he would work rapidly to fill the vacant Captain positions which
would, in turn, create lieutenant positions. Chief Diggs stated that the
recommendations in the Police Department Needs Assessment needed to
be implemented. Chief Diggs stated that the recommendations in the
Police Department Needs Assessment were embraced. Chief Diggs stated
that the good police officers provided much of the information in the Police
Department Needs Assessment. Chief Diggs stated that the restructuring
of the Police Department and the concerns in the Police Department Needs
Assessment would be rapidly addressed. Chief Diggs stated that the
additional funded lieutenant positions would provide staff to Internal
Affairs to ensure that administrative investigations were consistently and
fairly completed and for the Investigative Services Division where
shortcomings were indicated in the Police Department Needs Assessment.
Chief Diggs stated that promoting police officers to the captain position
would be done in the near future. Chief Diggs stated that the Police
Department needed to be restructured to address recommendations
included in the Police Department Needs Assessment. Chief Diggs stated
that the Police Department Needs Assessment identified a lack of many of
the mistakes identified in the Police Department Needs Assessment were
from trying to accomplish too much with too few personnel. Chief Diggs
stated that expansion of staff was required to address some
recommendations in the Police Department Needs Assessment. Chief
Diggs stated that a serious amount of investment was required to provide
funding for the Police Department. Chief Diggs stated that the
recommendation in the Police Department Needs Assessment was twos
Deputy Chief positions be hired from outside of the Police Department.
Chief Diggs stated that people being considered for the Deputy Chief
position but no decisions would be made until the position was funded
and the terms and conditions of employment and contract were completed.
Chief Diggs stated that there were 9 lieutenant positions at the Police
Department. Chief Diggs stated that there were 3 vacant Captain
positions. Chief Diggs stated that there were two promotional lists
circulating; one for lieutenant and one for sergeant. Chief Diggs stated
that all promotions had to be from within the Police Department.
Councilman Banks stated that the promotions should help morale at the
Police Department. Councilman Banks stated that Internal Affairs should
be locked and secure. Mr. Kazemi stated that Internal Affairs would be
relocated outside of the Police Department or do something different.
Councilwoman Anthony stated that all available resources of the Human
Resources Department should be made available to the Police Department.
Councilman Flanders stated that police officers needed to know the
23
MINUTES
March 6, 2017
appropriate time to use laptops in police cruisers. Chief Diggs stated that
the laptops were needed to provide detectives the ability to update reports
in the field. Chief Diggs stated that the laptops could be removed from the
police cruiser and taken into the office. Chief Diggs stated that the police
officers would not type reports while driving. Chief Diggs stated that one
of the new lieutenant positions would be responsible for all complaints
received through the Citizen Response System and ensuring that officer
complaints were processed appropriately. Chief Diggs stated that there
were requirements regarding promotion within the Police Department and
it was the job of the Police Chief to ensure the right people were promoted.
Chief Diggs stated that the candidates were being interviewed for the
sergeant promotions. Chief Diggs stated that previous Police Chiefs did
not interview promotional candidates. Chief Diggs stated that an outside
panel would interview the lieutenant candidates. Chief Diggs stated that
an interview process would be used for the captain promotions. It was
moved by Councilwoman Anthony, seconded by Cou ncilman Flanders and
unanimously carried to approve the creation of a Deputy Police Chief
position and 2 addition al Lieutenant positions for a total of $322,456.00
including benefits and equipment; and the purchase of 24 laptops,
docking stations, and printers, in the amount of $75,000.00, for use in
police vehicles, as recommended by the Needs Assessment prepared by
The Freeh Group International Solutions, LLC and approve a budget
amendment, in the amount of $397,456.00, from General Fund Reserves
of which $75,000.00 was appropriated to Information Technology Services
Department and $322,456.00 was appropriated to Police Department.
24
MINUTES
March 6, 2017
Police Department with legal advice and on-call legal advice 24 hours a
day 7 days a week for matters such as search and seizure, detention and
arrests, criminal and community policing. Attorney Alley stated that
Douglas Molloy, Esquire, worked as a criminal attorney in almost every
aspect of the criminal justice system, having served as an Assistant State
Attorney, Chief Assistant Statewide Prosecutor, Chief Assistant to the
United States Attorney for Southwest Florida, as a criminal defense
attorney licensed to practice law in Florida, and a member in good
standing of the Florida Bar. Attorney Alley stated that Mr. Molloy would
be available to the Police Department and to the City Attorney for the
purposes of serving as an On-Call Legal Advisor to respond to requests
from law enforcement officers as they related to matters of criminal law.
Attorney Alley stated that Douglas Molloy would be available, primarily for
after business hours calls when the City Attorney's Office was not open.
Attorney Alley stated that the City would pay Douglas Molloy $1,000.00
per month, plus $175.00 per hour for legal services. Attorney Alley stated
that Mr. Molloy would track the calls and advice rendered and meet with
the City Attorney regularly to discuss any improvements that could be
made to better serve the Police Department. Attorney Alley stated that the
terms a nd conditions of the memorandum were accepted by Mr. Molloy
who would sign the agreement and begin work when notified by the City.
Attorney Alley stated that the agreement provided upon the expiration of
the six month time period, the City Attorney was authorized to extend the
Memorandum of Understanding on a month to month basis with the same
terms and conditions. It was moved by Councilman Streets, seconded by
Councilman Flanders and unanimously carried to approve On-Call Legal
Advisor for the Police Department Memorandum of Understanding with
Douglas Molloy, Esquire, to provide on-call legal services to the Police
Department.
The City of Cape Coral v. the City of Fort Myers and the
Department of Environmental Protection, DOAH Case
number 16-7229 (FDEP lD Nos. FL0021261DW1P and
FL0021270-0 16-DW 1P). Please find attached the
Second Amended Petition for Administrative Hearing.
The exhibits are not attached to the Second Amended
Petition because they are too voluminous for the City
computer system as the exhibits are approximately
170 pages. (Please also note that the bottom of the
pages of the Second Amended Petition say "Attachment
III" as the Second Amended Petition was originally an
attachment to the Request for Assignment of
Administrative Law Judge and Notice of Preservation of
Record).
Attorney Alley stated that case number DOAH 16-7229 was scheduled for
a bench trial in front of an administrative law judge with the Division of
Administrative Hearings June 21, 2017, through June 23, 2017. Attorney
Alley stated that case number DOAH 17-1075 was referred to an
25
MINUTES
March 6, 2017
administrative law judge with the Division of Administrative Hearings.
Attorney Alley stated that the City was working with counsel for the South
Florida Water Management District to appropriately address case number
DOAH 17- 1075. Attorney Alley stated that the administrative law judge,
on February 27, 2017, issued an order asking the parties to confer and
advise as to a date for a 5 day hearing for the case which would be held
May 1, 2017, through May 5, 2017; May 8, 2017, through May 12, 2017;
or June 12, 2017, through June 16,2017. Attorney Alley stated that the
City must retain experts in areas of water quality, nutrient loads, and
general water management to properly defend the legal challenges.
Attorney Alley stated that the City of Cape Coral was utilizing a full
resourced law firm in addition to their City Attorney's Office and the City
Attorney recommended retaining outside experts in both law and water
management. Attorney Alley stated that City of Cape Coral and the City
of Fort Myers were in negotiations regarding reclaimed water. Attorney
Alley stated that there may be an option to seek a temporary extension of
the matter before the Division of Administrative Hearings to provide time
for negotiations and an agreement to be reached between the parties.
Attorney Alley stated that the City Manager advised that an additional
extension would not be productive based on the negotiation posture.
Attorney Alley stated that if an extension was not sought, the City should
be defended in these actions by retaining experts. Attorney Alley stated
that should detailed information be requested by the City Council an
executive session would be requested. Mayor Henderson stated that he
was disappointed in the City of Cape Coral for filing lawsuit. Mayor
Henderson stated that City Manager worked hard to accommodate the City
of Cape Coral. Mayor Henderson stated that meetings were held with
Marni Sawicki, Mayor, City of Cape Coral, during which the desire to be a
good neighbor and a proposed solution was conveyed. Mayor Henderson
stated that it was unclear if the Council Members for the City of Cape Coral
were aware of the lawsuit. Mayor Henderson stated that the lawsuits made
it clear that the City of Cape Coral wanted access to the excess water but
did not want to pay the City to use the resources. Saeed Kazemi, P.E.,
City Man ager, stated that negotiations were ongoing and an agreement
may be reached. Mr. Kazemi stated that the residents of the City needed
to receive benefit of providing access to the City of Cape Coral. It was
moved by Councilwoman Anthony, seconded by Councilman Streets and
unanimously carried to approve the retention of Pennington Law Firm for
litigation on the 2 cases and/or potential for agreement with the City of
Cape Coral as it related to reclaimed water.
Mr. Thomas stated that no man or woman was above the law. Mr. Thomas
stated that disrespect was shown to Councilman Streets. Mr. Thomas
stated that Councilman Streets was not invited to participate in the
Mayor's Law Enforcement Task Force . Mr. Thomas stated that the
leadership provided by Police Chief Derrick Diggs at the Police Department
was appreciated. Mr. Thomas stated that there had not been a homicide
in the City sin ce the arrests of the La ke Boyz Gang member s on
January 19,2017.
Mayor Henderson stepped down from the chair at 7:25 o'clock p.m.
Mayor Pro tern Anthony assumed the chair at 7:25 o'clock p.m.
Mr. Thomas stated that the Police Chief could not tell Council Members
the Council Members in Ward 2 and Ward 3 what was best for their Wards
26
MINUTES
March 6, 2017
because they had lived in the City their entire life.
Mayor Pro tern Anthony stepped down from the chair at 7:26 o'clock p.m.
Mr. Thomas stated that the Police Chief did not have the authority to
investigate allegations of harassment of Latino residents regarding
immigration status and falsified reports made to the Federal Bureau of
Investigation. Mr. Thomas stated that the leaders in the City had no
vision. Councilman Streets stated that City Council could not be divided.
Councilman Streets stated that he failed in the effort to convince his
colleagues over the past six or seven years that there was a problem in the
Police Department. A motion was not made.
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 7:37 o'clock p.m.
ATTEST:
27
( AGENDA 5
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
MEETING DATE: April 3, 2017 AGENDA ITEM NO. 5
WARD: l Revised: (Date & Time)
[;g) Regular D Special 0 Workshop --
_Quasi-Judicial DYes [;g) No
0Proclamations [8JConsent 0Public 0City Council 0Permission 0City Deity
& Special Hearings Comments & to Advertise Manager's Attorney's
Presentations Items for Items Items
Consideration
MOTION: Approve Change Order No. 2, in the MANAGEMENT RECOMMENDATION:
amount of $6,721.16, to Construction Approve.
Contract #57-14-15 with Southwest Utility
Systems, Inc. for Aqua Shores Infrastructure
Improvements, reducing the contract amount
from $1,109,447 to $1,102,725.84, closing out
the project and releasing final payment
including retain age in the amount of
$11,029 .77.
WHAT ACTION ACCOMPLISHES: Closes the project and releases final payment.
BACKGROUND INFORMATION: City Council, on February 17, 2015, approved the contract
with Southwest Utility Systems, Inc. for Aqua Shores Infrastructure Improvements, Bid
No. 57-14-15. The project included installation of a potable water system, sanitary sewer
system, lift station, upgraded storm sewer system, replacement of the concrete curb and gutter,
concrete sidewalk, roadway reconstruction, and restoration work in the Aqua Shores
Subdivision west of VeronicaS. Shoemaker Boulevard and north of Michigan Avenue. The
project includes work on Live Oak Drive, Cross Street, Lockwood Drive, and Michigan Avenue.
City Council, on January 4, 2016, approved Change Order No. 1, in the amount of $90,827, for
installation of drainage conveyance along Lockwood Drive to maintain existing drainage
patterns from south of Michigan Avenue to Billy Creek through the Aqua Shore Subdivision,
removal of the existing lift station wet well serving the Aqua Shores Subdivision, and addition
of 103 days to the original contract, extending the completion date to April 1, 2016.
Southwest Utility Systems, Inc. submitted final close out documents including statement of
guarantees, lien releases and as-built plans. The project is closed out and the final payment,
in the amount of $11,029.77, will be released.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony. Henderson
CITY OF FORT MYERS CONSTRUCTION CONTRACT
CHANGE ORDER
DATE OF ISSUANCE: - - -- - - -
CONTRACTOR: Southwest Utility Systems. Inc. OWNER'S Project No. ITB # 57-14-15
You are directed to make the following changes in the Contract Documents.
Purpose of Change Order: Complete the Bid Reconciliation for this pro ject
Previous Change Order No._ to No._ _ Net change from previous Change Orders
Contract Price prior to this Change Order Contract Time prior to this Change Order
By: -~:--:-c--...,---:--:-:-
Randall P. Henderson Jr., Mayor By: --:-M-:-a-:
rie~A~da_m_s_,:-:
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Aqua Shores Utility Improvements
Project Location w
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e
Hp lor rt~~Vn" only 1nd Is not S urvey.
17te City of
gu~tantees
't Hyl$ m 1ku ntJ cms or
bDut tiM ~U:Vf'KY or aurrncy of
tiN ln~tton conuiMd on thll 1Mp1 4"d
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PROJECT NAME: _ _ . .A
:_-.!....f'b:rt}:..()._.
:.-=----=S=--h--=O:..ie:.)
_- - = - - - - - - - - -- - - -
ITEM DESCRIPTION DATE RECEIVED
0Ctil\ .Arv:J.e,~W, I
C.VW.vo-J c.c-\ \0} Yh\f k -
ONE SET OF REPRODUCIBLE ASBUILTS, CD'S or 3.5 DISKETTES,
IN AUTOCAD RELEASE 2000 & 3 SETS OF SIGNED, SEALED
AS-BUILT PRINTS IN 11"X17" FORMAT: (AE)
16. RECEIPT OF $5,000 ESCROW DEPOSIT FOR PUMP STATION TELEMETRY NI~ (C)
23.
WALK THROUGH BY PUBLIC WORKS CENTER INSPECTOR
NOTE: ALL THE ABOVE IS TO BE COLLECTED BY THE PERMITTED CONTRACTOR ANDI OR OWNER AND
ISSUA:~: oF CERTIFI1;;~~,).~~~ t[
1
FURNISHED TO THE CITY PRIOR TO
LETTER OF SUBSTANTIAL COMPLIANCE
j -
SEAL
."'
DELISI tr!':-:c;1:r.r.ul, INr:.
December 6, 2016 Planning- Engineering - Projt!Ct Managemt!nt
Based on full-time inspection services provided by this firm, and as-built survey
information provided by Meridian Group of South Florida, we've determined the
above referenced project l1as been built in substantial conformance \>vilh the Final
Project Plans. A final inspection was performed on August 3n1, 2016. A copy of the
Final Record Drawings for the project has been provided to the City, which details the
final as-constructed utility locations and materials.
Sincerely,
AJ1d:~Lerald,
President
PE
ADF
160~, I kndry Street For tlv1ye r~. f-L :DYOl /.J9-418-06Y 1 739-" H.l-0!192 fax
DELISI FITZGERALD, INC.
December 13, 2016 Planning-Etiglneerfng- Project Management
NOAA
Nautical Data Branch N/ CS26
Station 7317
1315 East-West Highway
Silver Spring, MD 20910-3282
If you should require any additional information, please contact our office.
Sincerely,
Dejft.zgerald, Inc.
Received
Andrew Fitzgerald, P.E.
President DEC I 4 2016
ADF Engineering
Project No.: 21342
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NOTE:
I'
I THE GAATE SHAU. BE IHSTH.LJ;OATTHE OUTFIILI.
LOC'ITIOHS NOTED ON 'w.f PlNIS.
2. THE GRATE SHAU. OVERLAP THE PII'E OPENING BY
A MIN OF e NlO THE SPICING Of THE VERTICAl
IWIS SMU BE A loWCIMUIA OF 8' CLEAR
11.;._/.,:":
3 THE GAATE SHAU. BE MOUNTED TO THE ENOWAU.
W!THSTAINLJ;SS STEEl HIHGSS 0 12' 0 C. (loWl I
SP~) AND IIOUITEO TO n ENDWALL WITH
STAMESS STEEl lAG ANCHOIIS.
4 AU FASTENERS NIO N'PURl'lONANCElS SIW.I. DE
STAN.ESS STEEL
5 THE CONlRACTOR SHAU SUBMIT SHOP DRAWINGS,
FOR N'PROVAL. PRIOR TO FABRICAnNG ~>NY
J.WV'TEE EXCLUSION GRATES
FACE Of [trJWij.L
ITAINLI.SS&nfl ..NOEBOLT0 TO
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RECORD OAAWINGS
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DELISI FITZGERALD, INC.
Planning - Engineering- Project Management
September 22, 2015
The wastewater collection/transmission system for the subject Project has been
completed in substantial accordance with the plans and specifications approved by the
Department.
Enclosed please find the following for your approval of the above referenced project:
1. One (1) original Request for a Partial Certification Approval to Place Domestic
Wastewater Collection/Transmission System into Operation;
2. One (1) signed and sealed Sheets 15 through 19 with certification items highlighted.
1605 Hendry Street Fort Myers, FL 3390 1 239-418-0691 239-418 0692 fax
Florida Department of Environmental Protection
Twin Towers Office Bldg., 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
(I) This form shall be completed and submitted to the appropriate DEP district office or delegated local program for all
collection/transmission system projects required to obtain a construction permit in accordance with Chapter 62-604, F.A.C.
(2) Newly constructed or modified collectionllnUismission facilities shall not be placed into service until the Department has cleared the
project for use.
(3) All information shall be typed or printed in ink, and all blanks must be filled.
Description of Portion of Project for Which Approval is Being Requested (including pipe length, total number of
manholes and total number of pwnp stations) I,489 LF 8" PVC gravity main, 48 LF 12" PVC gravity main, 48 LF 4" PVC
force main, 12 LF 6" PVC force main, 8 sanitary manholes, and I lift station
DateB
y
e Itr Digitally signed
by Bettran_M
- Date:
TAARlrA::iQ}?t%1!
Dl!P Form 62604.300(SXb) Page 1 of3
u _rvro8:s2:01-04'oo
Bfftctive Novct:mer 6, 2003
Also, I certify that, if we wilJ not be the owner of this project after it is placed into service, we have provided a copy of the above
mentioned record drawings and a copy of the above mentioned O&M manua~ if applicable, to the person or system that will be the
owner of this project a It Is placed into service.
/ '
Signed Date
Name Title
----~--------------------------------
Attach a letter ofauthorization._
I, the undersigned owner or authorized representative* of City of Fort Myers certify that
we accept the project as constructed and will be the owner of this project after it is placed into service. I agree to report any
abnormal events in accordance with Rule 62-604.550, F.A.C. and promptly notify the Department if we sell or legally transfer
ownership of the collection/transmission system. Also I certify that we agree to operate and maintain the facilities in accordance
with the provisions of Chapter 403 Florida Statutes (F.S.) and applicable Department rules and that we have received a copy of the
record drawings and O&M manual for this project and that these record drawings and O&M manual are available at the following
location which is within the boUildaries of the district office or delegated local program permitting the collection/transmission
system: ,- ~
Ztoo sf<:o/Jb/ spt.t ET. 'fot.T M'tEil1 FL 31'01
"Signed .:.;p.-<' 1 7 ..
I If Date
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azemi,P.E. Title Public Works Director
Address Second Street
City Fort M ers State FL Zip 33901
Telephone 239-321-7216 Fax Email [email protected]
*Attach a letter ofauthorization.
The following is a description and explanation of substantial deviations from the construction permit and engineering plans and
specifications for the substantially completed portion of this project. (Attach additional sheets if necessary.)
Riel( Scott
Mission: \ .. Govamor
io protect,promote & Improve the health
of all people ln Florida through lnleg181ed
ststa, co~ ! community etrorts.
nm'M
&Mtiiiiiiii'ti"'
.John H. Armstrong, MD, FACS
State Surgeon Gan&r.~l &Seoretary
Tilis will serve to acknowledge Jeceipt of certification that the referenced water project has been
completed in accordance with the plans and related materia18 approved by th:iB department under the
permit number and date shown.
Based on this certification and satisfactory bacteriological test results, we are clearing the waterline for
service.
~;,J.~
Jerry W. M:a, P.E.
Environzr..ental Engineering Division
Florida D~partmel't of Health Lee County
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Nicole Monahan
Nicole,
We reviewed the City's post-construction sewer viewer tape performed of Manhole Run #3-4 on live Oak and compared
it to the sewer viewer tapes performed of the same run prior to project close-out. The presence of a deflection in the
sewer ma in between the terminal manhole and the last residential service connection is noted in both tapes. The first
taping utilized a scaled mandrel which identified a deflection of about 1.25" to 1.5". The second tape operator identified
the deflection as 2", but the mandrel used was not scaled like the first one. In either case, while the deflection may be
slightly out of the tolerances normally accepted by the City, in our professional opinion, we do not believe the deflection
will impact the system's ability to function as designed to provide sewer service to the neighborhood since the
deflection occurs upstream of the last residential connection, and therefore, will not be used to convey sewer flows
from the residences. Please let me know if you have any questions, or require additional information.
Dr ew Fitzgerald, P.E.
Delisi Fit zgerald, Inc.
1605 He ndry Street
Fort Myers, Fl33901
P: (239) 418-0691
F: {239) 418-0692
www .delisifitzge rald.com
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Sewer Viewer Inc.
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2190 Andrea Lane
Fort Myers, FL 33912
Phone: (239) 269-3344
Surveyors name Certificate Number System Owner Survey Customer Drainage Area Sheet
Angel 06020813 Sewer Viewer Inc. Southwest Utilities
P/0 No. Pipeline Segment Reference Date Time Location tStreet Name and number) Locality
20160118 10:52 Live Oak Drive Ft. Myers
Further Location details Upstream Manhole Number Rim to Invert Grade to Invert Rim to Grade
01
Downstream Manhole Number Rim to Invert Grade to Invert Rim to Grade Use of Sewer Direction Flow Control Height
Existing Sanita ry Downstream 0 8
Width Shape Material Ln. Method Pipe Joint Length Total Length Length Surveyed Year Laid Year Rehabilitated Tape I Media Number
Circular PVC 14 28.5 2014 1
Purpose Sewer Category Pre-Cleaning Cleaned Weather Additional Information
E Jettin g Dry
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Addltionallnfonnation
v
3 .1 MWLS Water Level: Sag Belly Starts 1 inch 1/4.
AMH - Access Point - Manhole @ 0.0 ft. MWL -Water Level @ 0.0 ft.
Starting Manhole: 01
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Starts 1 inch 1/4.
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0.0 AMH - - - --- ..__ - -- AMH@O -- ----- StartinQ Manhole: 02
0.0 MWL 5 MWL@O
5.0 TF 6 3 TF(!i)5
12.3 TF 2 2 [email protected]
81 .5 TF 6 11 TF@81 .5
85.3 TF 6 11 [email protected]
151 .8 TF 6 1 TF@l151 .8
156.6 TF 6 1 [email protected]
231 .2 TF 6 11 TF@231 .2
235.2 TF 6 11 [email protected]
301.4 TF 6 1 TF@301 .4
357.0 TF 6 11 TF@357
400.3 AMH [email protected] Downstream.
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Additional Information
TF- Tap, Factory Made@ 231 .2 ft. TF - Tap, Factory Made@ 235.2 ft .
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2190 Andrea Lane
Fort Myers, FL 33912
Phone: (239) 269-3344
Surveyors name Certificate Number System Owner Survey Customer Drainage Area Sheet
Angel - 1 06020813 Sewer Viewer Inc. Southwest Utilities
P/0 No. Pipeline Segment Reference Date Time Location (Street Name and number) Locality
20160118 08:44 live Oak Drive Ft. Myers
Further Location details Upstream Manhole Number Rim to Invert Gradetolnvert Rim to Grade
03
Downstream Manhole Number Rim to Invert Grade to Invert Rim to Grade Use of Sewer Direction Flow Control Height
04 Sanitary Upstream D 8
Width Shape Material Ln. Method Pipe Joint Length Total Length Length Surveyed Year Laid Year Rehabilitated Tape I Media Number
Circular PVC 14 104 2014 1
Purpose Sewer Category Pre-Cleaning Cleaned Weather Additional Information
E Jetting Dry
Distance
(Feet)
O
O
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Gro~~~verity
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AMH
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. TF 6 9 [email protected]
94.6 TF
96.8 AMH 6 9 TF@96 .8
104.0 AMH @104 Upstream.
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Additional Information
AMH - Access Point - Manhole @ 0.0 ft. MWL- Water Level@ 0.0 ft.
Starting Manhole: 04
TF - Tap, Factory Made @ 94.6 ft. TF - Tap, Factory Made @ 96.8 ft.
lit
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Upstream.
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50.2 TF 6 10 TF(1il50.2
102.6 TF 6 10 [email protected]
106.5 TF 6 2 [email protected]
148.6 TF 6 9 [email protected]
194.2 TF 6 2 [email protected]
212.3 TF 6 2 [email protected]
322.0 AMH AMH@322 ending at manhole 10
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c::
co
0::
,::,(.
u
:l
0
)(
Ill
"'0
c::
20160307-4-10 0 0 0 0 0 0 0000 0 0 0 0 0 0 0000 0 0 0 0 0 0 0000
Additional Information
Televise with dip ball and mandrel
4
Ftg. Code Description Position Comment
0.0 AMH Access Point- Manhole Starting Manhole: 4
0.0 MWL Water Level
Additionallnfonnatlon
Televise with dip ball and mandrel
AMH - Access Point- Manhole @ 0.0 ft. MWL- Water Level@ 0.0 ft.
Starting Manhole: 4
TF- Tap, Factory Made@ 50.2 ft. TF- Tap, Factory Made@ 102.6 ft.
Additional lnfonnation
Televise with dip ball and mandrel
TF - Tap, Factory Made @ 106.5 ft. TF- Tap, Factory Made@ 148.6 ft.
TF- Tap, Factory Made@ 194.2 ft. TF - Tap, Factory Made @ 212.3 ft.
Additional Information
Televise with dip ball and mandrel
r--
Distance
r - - -
__
Code
ConUnuous ~
Value
--%
I
Joint
Circumferential
Location
I
Image Ref.
Struct. O&M
, (Feet) Group/ Modifier/ defect S/M/L ~ Inches
I At/ To
Grade Grade
0.0
Descriptor
AMH
severity
1 1st 2nd __t_
L
From
- - - - -
AMH@O
_Remarks
Starting Manhole: 6
0.0 MWL 0 MWL@O
6.0 TF 6 2 TF@6
8.7 TF 6 10 [email protected]
11.5 TF 6 10 TF@11 .5
17.9 TF 6 2 [email protected]
152.6 TF 6 9 [email protected]
155.4 TF 6 2 [email protected]
227.0 AMH AMH@227 ending at manhole 7
------- ---------
Structural _____2_1t M - Overall
.... N M ..,. II) ..... N C") ..,. II) ...... N C") ..,. II)
Cil Cil Cil Cil Cil Cl ~ Cil Cil Cil Cil Cil Cl ~ Cil Cil Cil Cil Cil Cl ~
"0 "0 "0 "0 "0 c CJ
)(
"0 "0 "0 "0 "0 c CJ
)(
"0 "0 "0 "0 "0 c (.)
)(
Segment I Cl
~ ~ "0 ~ ~ ~ :I "0 "3 "0
C) C) C) "'
0:: a .E C) (!) C) (!) (!) "' a .E (!) (!) (!) C) (!) "' a c
20160307-6-7 0 0 0 0 0 0 0000 0 0 0 0 0 0 0000 0 0 0 0 0 0 0000
Additional Information
Televise with dip ball and mandrel
H
v
152.6 TF Tap, Factory Made 9
155.4 TF Tap, Factory Made 2
Additional Information
Televise with dip ball and mandrel
AMH - Access Point- Manhole@ 0.0 ft. MWL -Water Level @ 0.0 ft.
Starting Manhole: 6
TF- Tap, Factory Made@ 6.0 ft. TF- Tap, Factory Made@ 8.7 ft.
Additionallnfonnation
Televise with dip ball and mandrel
TF - Tap, Factory Made @ 152.6 ft. TF- Tap, Factory Made@ 155.4 ft.
Surveyors name
Mark Bassett -
'8 -J
Certificate Number
0802061 6
System Owner Survey Customer
Southwest
Drainage Area
2190 Andrea Lane
Fort Myers, FL 33912
Phone: (239) 26 9-3344
Sheet
P/0 No. Pipeline Segment Reference Date Time Location (Street Name and number) Locality
20160307 08:52 Lockwood St Ft Myers
Further Location details Upstream .Manhole Number Rim to Invert Grade to Invert Rim to Grade
7
Downstream Manhole Number Rim to Invert Grade to Invert Ri m to Grade Use of Sewer Direction Flowcontrol Height
10 Sanitary Downstream 8
Width Shape Material Ln. Method Pipe Joint Length Total Length Length Surveyed Year Laid Year Rehabilitated Tape I Media Number
Circular PVC 214
Purpose Sewer Category Pre-Cleaning Cleaned Weather Additional Information
-r-----
E Jetting Dry Televise with dip ball and mandrel
I
----
0.0
0.0
Descriptor
AMH
MWL
severity . . S/MIL
10
-- From
AMH@O
MWL@O
___J _ !Remarks
Starting Manhole: 7
7.0 TF 6 2 TF@7
9.7 TF 6 10 [email protected]
159.8 TF 6 2 TF@1 59.8
214.0 AMH AMH@21 4 ending at manhole 10
---- - - - - - -- ----
StructMral - _ _ O_&M._ Overall
.... N C') ...,. ll)
c::n
.... N C') ...,. ll)
c::n
.... N C') ...,. ll)
c::n
Cll Cll Cll Cll Cll ..lol: Cll Cll Cll Cll Cll ..lol: Cll Cll Cll Cll Cll . )(
'C 'C 'C 'C 'C c CJ
)(
'C '0 'C 'C 'C c u
)(
'C 'C 'C "C '0 c CJ Cll
....ca ~ ...ca ....ca ca +I Cll
....ca ....ca ....ca ca ...ca +:; Cll
IV ...
ca ca
.... ....ca ....ca ~
Segment
20160307-7-10
I 0
0
(!)
0
(!)
0
(!)
0
....
(!)
0
IV
IX
0
a
::I
0000
"C
-= (!)
0
(!)
0
(!)
0
....
(!)
0
(!)
0
IV
IX
0
a
::I
0000
"C
-=
....
(!)
0
(!)
0
(!)
0
(!)
0
(!)
0
ca
IX
0
::I
a
0000
"C
-=
Addltionallnfonnatlon
Televise with dip ball and mandrel
Additionallnfonnation
Televise with dip ball and mandrel
AMH- Access Point- Manhole@ 0.0 ft. MWL- Water Level@ 0.0 ft.
Starting Manhole: 7
TF- Tap, Factory Made@ 7.0 ft. TF- Tap, Factory Made@ 9.7 ft.
TF- Tap, Factory Made@ 159.8 ft. AMH- Access Point- Manhole @ 214.0 ft.
ending at manhole 10
~
2190 Andrea Lane
Fort Myers, FL 33912
Phone: {239) 269-3344
Surveyors name Certificate Number System Owner Survey Customer Drainage Area Sheet
Mark Bassett 08020616 Southwest
P/0 No. Pipeline Segment Reference Date Time Location (Street Name and number) Locality
20160307 09:10 Lockwood St FtMyers
Further Location details Upstream Manhole Number Rim to Invert Grade to Invert Rim to Grade
10
Downstream Manhole Number Rim to Invert Grade to Invert Rim to Grade Use of Sewer Direction Flow Control Height
9 Sanitary Downstream 8
Width Shape Material Ln. Method Pi pe Joint Length Total Length Length Surveyed Year Laid Year Rehabilitated Tape I Media Number
Circular PVC 193 193
Purpose Sewer Category Pre-Cleaning Cleaned Weather Additional Information
E Jettin g Dry Televise with dip ball and mandrel
lo;~i
1Circumfe~ential
l
-- --r ----
Code Value
. Continuous . Location Struct. O&M
~ ~~ Image Ref.
I From
.
( eet)
Gro"f'l MOO<o<l """ SIMil ,..,., j % />J. 1 T0 Grade Grade
0.0
---
Descnptor
AMH
seventy
--
1st 2nd
~ .
AMH@O
1.~
Starting Manhole. 10
0.0 MWL 10 MWL@O
96.1 TF 6 2 [email protected]
99.7 TF 6 10 [email protected]
100.8 TF 6 2 [email protected]
190.0 TF 8 6 TF@190
193.0 AMH AMH@193 ending at manhole 9
-------- ----- - --
_ Structural - -- O _ft.M Overall
..... N M ..,. 10 ..... N M ..,. 10
-
..... N M ..,. 10
0) 0) C)
Ql II> ..:.: Ql ..:.: Ql Ql Ql Ql Ql ..:.:
.. ..
Ql Ql Ql Ql Ql Ql Ql
.. >< )(
"g "C "C "C "C c:: (J
)(
"g "C "C "0 "0 c:: (J "C "0 "0 "C "0 c:: (J
I! I! I! CIS CIS ';
CIS '5
Ql
"0 I! ....
CIS
I! CIS
...
CIS :;::;
nl :; Ql
"0 I! I! I! e I! ;
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"0
Segment C>
20160307-109
10 (.!)
0
(.!)
0
(.!)
0
(.!)
0
0:::
0
a
0000 = (.!)
0
(.!)
0
(.!)
0
(.!)
0
(.!)
0
0:::
0
a
0000
c:: (.!)
0
(!)
0
(.!)
0
(.!)
0
(!)
0
0:::
0
a
0000 =
Additional Information
Televise with dip ball and mandrel
AMH - Access Point- Manhole @ 0.0 ft. MWL- Water Level@ 0.0 ft.
Starting Manhole: 10
TF- Tap, Factory Made@ 96.1 ft. TF - Tap, Factory Made@ 99.7 ft.
Additional Information
Televise with dip ball and mandrel
TF- Tap, Factory Made@ 100.8 ft. TF- Tap, Factory Made@ 190.0 ft.
~
2190 Andrea Lane
Fort Myers, FL 33912
Phone: (239) 269-3344
Surveyors name Certificate Number System Owner Survey Customer Drainage Area Sheet
Mark Bassett 08020616 Southwest
P/0 No. Pipeline Segment Reference Date Time Location (Street Name and number) Locality
20160308 07:46 Cross St Ft Myers
Further Location details Upstream Manhole Number Rim to Invert Grade to Invert Rim to Grade
g
Downstream Manhole Number Rim to Invert Grade to Invert Rim to Grade Use of Sewer Direction Flow Control Height
LS Sanitary Downstream 12
Width Shape Material Ln. Method Pi pe Joint Len gth Total Length Length Surveyed Year Laid Year Rehabilitated Tape I Media Number
Circular PVC 50 50
Purpose Sewer Category Pre-Cleanin g Cleaned Weather Additional Information
E Jetting Dry Televise with dip ball and mandrel
- - - - - ---r
Code
--- ---- ----- ----- .
!Distance
~ (Feet)
- Continuoua ,
Value
Joint rcu"""""'"'
Loeation
Image Ref. IStruct. j O&M
J S/M/L ~es
defect Grade Grade
Group/ Modifier/ At/ To
_. %
~scriptor seve~ 1st 2nd From
0.0 AMH -- AMH@O
--- Remarks
Starting Manhole: 9
0.0 MWL 10 MWL@O
45.7 TF 12 6 [email protected]
50.0 AWW AWW@50 ending at LS
----
Structural ---- ----O&.M - - Overall
..G. .. ..
...... N I") ~ II) ...... N M ~ II) ...... N M ~ It)
Q) Q) Q) Q) Q) 0) Q) Q) Q) Q) 0) Q) Q) Q) Q) Q) 0)
,
.X Q) .X c:: .X )(
't) 't) "'C "'C 't) c:: 0
)(
't) "'C 't) 't) 't) c:: 0
)(
't) 't) 't) 't) 't) 0
....
<U ~ ~ ~ f '5
Q)
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<U
l! ....
<U ....
<U l! ':3
Q)
f I'll
.... ....
<U
....
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...
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Segment 0
20160308-9-LS
10 C!) C!) C!) C!) a .!: C!) C!) C!) C!) C!)
I'll
0::: a .!: C!)
0
C!)
0
C!)
0
C!)
0
(!)
0
0:::
0
a
0000
.!:
0 0 0 0 0 0000 0 0 0 0 0 0 0000
AMH - Access Point- Manhole @ 0.0 ft. MWL - Water Level @ 0.0 ft.
Starting Manhole: 9
TF - Tap, Factory Made @ 45.7 ft. AWW - Access Point- Wet Well@ 50.0 ft.
ending at LS
It is furthermore understood that the consideration for the giving of this warrant
and/or guaranty is the requirement of the site work closeout package under which the
contract was let that such warranty and/or guaranty would be given.
STATE of Florida )
COUTNY OF Lee
L a,r.eLeow
Printed Name ofNotary Public
(Notary Seal & Commission Number)
WAIVER AND RELEASE OF LIEN
UPON FINAL PAYMENT
The undersigned lienor, in consideration ofthe final payment in the amount of~l , I 02,725.83 ),
hereby waivers and releases its lien and right to claim a lien for labor, services, or materials furni shed to
the Cit> of Port M }'ers on the job of Aqua Shores to the following described property:
Infrastructure Improvements
AQua Shores Infrastructure Improvements Utility Infrastructure Im_erovements
(Name of Development/Project) {Facilities Constructed)
Fort Myers, FL
(Location) (Strap# or Section, Township & Range)
August 9, 2016
We, as Surety, on the above referenced bond, do hereby consent to the release of
final payment.
Sincerely,
MERCHANTS BONDING COMPANY
(_
~----=
- :i_
------...
-
/: /
Confide nce. Fo1 What'~ Nert.
HliH MH RS O F FI G F 41 1P CE N'!'J:;R POINTE OR #215, FORT MYERS rJ 33916 I' 239 275 8226 I 239 .275 8837
MERCHAN~
BONDING COMPANY,...
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations of the State of Iowa (herein collectively called the 'Companies") do hereby make, constitute and appoint,
individually,
Alan P Chandler; lan J Donald; Jeffrey A Chandler; Jennifer A Gareffa; Kathleen M Irelan;
Robert Trobec; Wendy L Hingson
their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies. as Surety, bonds, undertakings
and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount ot
FOUR MILLION ($4,000,000.00) DOLLARS
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the
Board of Directors of Merchants Bonding Company (Mutual) on April23, 2011 and adopled by the Board of Directors of Merchants
National Bonding, Inc., on October 24, 2011.
''The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of
Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee. shall not relieve this surety company
of any of its obligations under its bond.
In connection with obligations In favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In WHness Whereof. the Companies have caused this instrument to be signed and sealed this 17th day of August 2015
.,, ... \0~';".,,, MERCHANTS BONDING COMPANY (MUTUAL}
~,''\~~~-~~-{
lo, 0~0/f./.<>0._
' . . ;..~~~~ ~~i,;..
:~~-~\\PO~.j.-?~
MERCHANTS NATIONAL BONDING, INC.
.,~7~
:-
!<: :~; z: 0
3:
~ .,:l.}'t '!)OOJ
4
.:o
:.,;
.
.~....
1933 :c:::.
:"""'.
~ :J . . : ,, r-...T
'~,,\>'.,>,,., ')~. . ~. ~
'.. ~. ~v
'::1~ .......,,
,,~~~ .., ,..,..,,.. -1
STATE OF IOWA ,,,,.,. "'"'"'
COUNTY OF Dallas ss. President
On this 17th day of August 2015 , before me appeared Larry Taylor, to me personally known. who being by me sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed
to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the
Companies by authority of their respective Boards of Directors .
9th
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this
.
~~
.......
\~G
Co~
day of August 2016
. ''7,0
:~~.~\\PO~~.~.
:c..,;'~ ~.. :..t.!
.~:- -o- c:-
.
.,;'. 1933 . ==: ... ~.
Secretary
Nicole,
Please accept this correspondence as confirmation that myself and Sam Foisie from our office attended a follow-up
inspection with Aveline Cancel from the City of Fort Myers, and Brett Eckenrode of Southwest Utilities on August 3, 2016
for the open items listed in the attached. During the follow-up inspection, all open items were determined to be
completed to our satisfaction.
WHAT ACTION ACCOMPLISHES: Closes the Evans Avenue Waterline Improvements project
and releases final payment and retainage.
Aim Construction Contracting, LLC has provided all project closeout documents including
statement of guarantee, lien releases, and as-built plans. Staff has reviewed and approved all
project close out documents. The project is closed out and the final payment and retainage in
the amount of $96,568.92 will be released.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
Task Authorization No. 3 to Construction Manager At-Risk Continuing Contract Agreement
AIM Construction Contracting, LLC. RFQ 12-27-12-PW
~
CITY OF FORT MYERS
CONSTRUCTION CONTRACT CHANGE ORDER
CHANGE ORDER NO. _1_
DATE OF ISSUANCE: - - - - - -
You are directed to make the following changes in the Contract Documents.
Attachments: (list documents supporting change) Bid Reconciliation Spreadsheet, Work Directives 1-11
Previous Change Order No. N/A Net change from previous Change Orders
Contract Price prior to this Change Order Contract Time prior to th is Change Order
$1,983,137.93 Days:180
Net lnerease (Decrease) of this Change Order Net Increase (Qeerease) of this Change Order
$(154,122.04} Days:90
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
Throughout the Evans Ave project the 16" waterline conflicted with multiple storm drains. The Proper engineering fix
for this situation is to "Fit" (ie: ductile Iron fittings) the pressure pipe around the conflict. Under in most cases is the
preferred solution. Ben Bullert wanted to account for the cost and effort associated with the drainage crossings by
adding the option of cutting the concrete pipe out of the way, placing the vertical deflections and then replacing the
concrete pipe and pouring concrete collars at the required connection points. He did this by adding roughly three joints
of the appropriate diameter pipe at each of the proposed Vertical deflections to the bid Items. Once we got out in the
field the concrete pipes in the right of way were in good shape and the Contractor agreed to lay the waterline line under
the storm with it in place. This saved the budget for the storm drain and time .
1
Change Order (Final) - Reconciliation of Bid Items
PROJECT: Evans
2
TOTAL TO DATE
Quantity
QUANTITY AMOUNT Percent Complete Variance Dollar Variance
'""' ESTIMATED
...
NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMO UNT
37.1
'.
15' RCP CL Ill including concrete collars 48 LF $ 37.00 $1 ,776.00 0 $0.00 0% (48.00 ($1.776.00
37.2 18' RCP CL Ill including concrete collars 324 LF $ 51. 20 $1 6,588.80 16 $819.20 5% (308.00 (S1 5,769.80l
37.3 24' RCP CL Ill including concrete collars 96 LF $ 75.00 $7,200.00 40 $3.000.00 42% (56.00 ($4,200.00
37.4 30' RCP CL Ill including concrete collars 48 LF $ 107.00 $5,136.00 0 $0.00 0% (48.00 ($5,136.00)
38.1 15' RCP ME$ 1 EA $ 712.00 $712.00 0 $0.00 0% (1.00 ($712.00
38.2 18' RCP MES 2 EA $ 915.00 $1,830.00 3 $2.745.00 150% 1.00 $915.00
38.3 24' RCPMES 1 EA $ 1,1 18.00 $1,118.00 3 $3.354.00 300% 2.00 $2.236.00
38.4 30'RCPMES 0 EA $ 1.374.00 $0.00 0 $0.00 #DIV/01 0.00 $0.00
39.1 TypeC Inlet 2 EA $ 1,795.00 $3.590.00 0 $0.00 0% (2.00 ($3.590.00
39.2 TypeD Inlet 2 EA $ 2.972.00 $5.944.00 0 $0.00 0% (2.00 ($5,944.00
40.1 Swale Grading and Regrading 349 LF $ 15.00 $5.235.00 650 $9.750.00 186/o 301.00 $4,515.00
41 .1 Storm Drainage Headwall 1 EA $ 2,039.00 $2.039.00 1 $2,039.00 100% 0.00 $0.00
SUB-TOTAL $51,168.80 $21,707.20 ($29,461 .60)
'""'
NO. DESCRIPTION
ESTIMATED
QUANTITY UNIT UNIT PRICE AM OUNT
42.1
Cleanng & Grubbing
1 LS $ 20.530.00 $20,530.00 1 $20,530.00 100% 0.00 $0.00
43.1 1' AsphaiUc Concrete Overlay (Type S-Ill) 1,826 SY $ 20.00 $36.520.00 0 $0.00 0% (1826.00 ($36.520.00
43.2 1 1/2' Asphaltic Concrete (Type S-1) (On Trenches) 296 SY s 36.60 $10.833.60 1397.7 $51.155.82 472% 1101.70 $40.322.22
43.3 12' Stabitized Subgrade 296 SY $ 5.20 $1 .539.20 547.4 $2.846.48 185% 251.40 $1.307.28
43.4 8' Umerock Base (compacted and primed) 296 SY $ 25.60 $7.577.60 547.4 $1 4,013.44 185% 251.40 $6.435.84
44.1 Type ' D' Concrete Curb 120 LF $ 58.00 $6.960.00 199 $11 .542.00 166% 79.00 $4.582.00
44.2 Type 'F" Concrete Curb & Gutter 50 LF $ 65.00 $3.250.00 25 $1 ,625.00 50% (25.00 ($1.625.00
44.3 Valley Concrete Curb & Gutter 290 LF $ 58.00 $16.820.00 146 $8.468.00 50% (144.00 ($8.352.00
45.1 4' Concrete Sidewalk 770 SY $ 45.00 $34.650.00 11 31.8 $50.931.00 147% 361.80 $ 16.281.00
45.2 6' Concrete Driveway/Sidewalk 50 SY $ 53.00 $2.650.00 62.8 $3.328.40 126% 12.80 $678.40
45.3 8' Commercial Concrete Driveway/Sidewalk 50 SY $ 80.00 $4.000.00 0 $0.00 0% (50.00 ($4.000.00
46.1 1' Asjlhaltic Concrete Overlay (Type S-Ill) 2.392 SY $ 20.00 $47.840.00 0 $0.00 0% (2392.00 ($47.840.00
46.2 1 112' Asphaltic Concrete (Type S-1) (On Trenches ) 538 SY $ 36.60 $19.690.80 280 $10,248.00 52% {258.00 ($9.442.80
46.3 12' Stabi~zed SubQrade 538 SY $ 5.20 $2.797.60 62 $322.40 12% ..1_476.00 {$2.475.20
46.4 8' Lomerock Base (compacted and pnmed) 538 SY s 25.60 $13.772.80 62 $1.587.20 12% (476.00 ($12.185.60
47.1 Double Solid Traffic Stripe - Paint (6' Yellow) 60 LF $ 9.00 $540.00 60 $540.00 100% 0.00 $0.00
47.2 Solid Traffic Stripe- Paint (24' White) 75 LF $ 23.00 $1.725.00 75 $ 1.725.00 100% 0.00 $0.00
47.3 Reflective Pavement Marl<ers (Blue) 16 EA $ 125.00 $2.000.00 14 $1,750.00 88% (2.00 ($250.00
48.1 Remove and Replace Handra~ 250 LF $ 23.00 $5,750.00 250 $5.750.00 100% 0.00 $0.00
49.1 Sod Restoration 11.460 SY $ 2.10 $24,066.00 16281 $34.190.10 142% 4821.00 $1 0,124.10
SUB-TOTAL SZ63,512.60 $220,552.84 ($42.959.76)
TOTAL TO DATE
Quantity
3
DESCRIPTION
ESTIMATED
TITY UNIT UNIT PRICE AMOUNT
- --
Contingency ( 10% of Base Bid Total) 1 LS $162.635.63 $162.635.63
WD#1 8"PVC Force Main (OR18) 1 LS $15,9 47.50 $15,947.50 1 $15,947.50 $15.947.50
WD#2 12" Plug Valves/Restock 16' Plug Valves 1 LS s 32,329.76 $32,329.76 1 $32,329.76 $32.329.76
WD#3 16" gate valve for P.W . use 1 LS $ 3,015.00 $3,015.00 1 $3,015.00 $3.015.00
WD#4 Relocate Fiber Optoc Cable 1,400 LF s 5.00 $7,000.00 1400 $7.000.00 $7,000.00
WD#5 Additional Fittings for Connections 1 LS $ 5,888.03 $5,888.03 1 $5.888.03 $5,888.03
W0#6 SUE son Dig" Various Location s 1 LS $ 26,180.00 $26, 180.00 1 $26,180.00 $26,180.00
WD#7 8" plug valve 1 LS $ 1.326.67 $1,326.67 1 $1.326.67 $1,326.67
WD#8 Add (8) 2 inch ARV for Force main 8 EA $ 4,100.00 $32,800.00 8 $32,800.00 $32,800.00
WD#9 existing s water main, ditch cleaning 1 LS $ 27.997.00 $27,997.00 1 $27,997.00 $27,997.00
WD#10 Clean box culVert and pour valve pads on existing valves 1 LS s 3,650.00 $3,650.00 1 $3,650.00 $3,650.00
WD#11 Additional8" PVC Force Maon replacement (OR18) 1 LS $ 44,566.25 $44,566.25 1 $44,566.25 $44,566.25
SUB-TOTAL $162,635.63 $200,700.21 $200,700.21
4
AIM Construction Contracting, LLC
Construction Manager-At-Risk for Evans Avenue
Waterline Improvements
RFQ #12-27-12-PW
No. __
l_
IROJI.:C I RFQ;:12-27-12-PW
F. \'ans A venue Waterline Improvements DATE OF ISSUANCE: March 31.2016
ENGINEER : Cit' of Fort Mvcrs: Ben Bullen, P.E. ENGINEER ' S PROJECT#: -- -
Description: Added 8'' PV C Ioree main (DR 18) in lieu of8" PVC force main (DR 14)
Purpose or Work Directive C:hangt>: Add a new bid item, 8" PVC force main (DR 18)
If a claim b made thutthc ahmc changc(s) have aflccted Contract Price or Contracttimt:, any claim lor a Change Order
based thcrclltl "ill im ol\'c nne nl' th~: full owing methods of dc:tcmtinini! tht cflcctofthc change(s).
Other
RECOMr>
Bv
AIM Construction Contracting. LLC
Constructron Manager-At-R 1sk fo1 Evans Avenue
Waterline Improvements
RFQ #12-27 -12-PW
After the tiMP was establi sh~d . it was determined that a much larger section of Force
Main had to be moved in a non-traffic area, so the DR I 8 R'' PVC pipe can be used in lieu
of the DR 14 X" PVC pipe used under roadways.
No.~
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: May 30. 2016
CONTRACTOR: AIM Construction Contracting. LLC CITY OF FORT MYERS CN#:41 1752
Description: Replace (2) 16" Plug Valves with (2) 12" Plug Valves.
Purpose of Work Directive Change: Contract item 9.3, 16" Plug Valves, originally bid will not be
necessary due to a change in field conditions. What was originally thought to be an existing 16" force main
sewer line is a 12" line. Therefore, (2) 12" Plug Valves will replace the 16" valves. This will result in a
$230.24 net savings to the owner. (Spreadsheet attached)
If a claim is made that the above change(s) have alTected Contract Price or Contract time, any claim for a Change Order
based thereon will involve one of the following methods of detennining the effect of the change(s).
Other
JUN 0 S 2016
Engineering
ESTIMATE SHEET DAT.E: _ _____,w.y=-~81!..:,a~111~6
- - -
Q.g 16" Plug Valve 2 EA <4,281.9() 4,538.81 11,741.19 16 280.00 82,560.00
(Plug Valves, Tee, Difficulty) - - -
- - -
9-sA 12" Plug Valve 2 EA 2,300.18 2,<438.19 11,741.19 14.179.38 28,358.76
g .gB Restockl6M Plug_Valves
- ...
2 EA - 180.50 180:5.00 1.985~'>0 3.971.00
Valves - - 32,32976
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - .
- - -
- - -
- - -
- - -
- - -
- - -
. - -
- - -
- - -
- - -
- - .
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
SUbtotal Thls Page
6/31/ao>6K:\8ld flle\&t.sht
AIM Construction Contracting, LLC
Construction Manager-At-Risk for Barcelona/Alcazar
Neighborhoods Aging Infrastructure Replacement
RFQ #05-13-14-PW
No.3
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: Mav 31.2016
Description: Public Works Operations utilized one of the stored 16" Gate Valves to incorporate on a Gate
Valve installation project.
Purpose of Work Directive Change: Public Works Operations wanted to install a new 16'' Gate Valve on
the existing 16" Watermain that is located adjacent to Carrell Canal. They wanted this valve installed which
would affect less people from having their water shut-off when the Evans project needed to make the water
main tie-in at Evans and Carrell.
If a claim is made that the above change(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon will involve one of the following methods of determining the effect of the change(s).
Other
B :~T~
e OFFORTM
jJ blU- S
AIM Construction Contracting, LLC
Construction Manager-At-Risk for Barcelona/Alcazar
Neighborhoods Aging Infrastructure Replacement
RFQ #05-13-14-PW
No.4
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: June 30,2016
Description: Relocate the existing Fiber Optic Cable that was in conflict with the installation of the new
16" Watennain.
If a claim is made that the above change(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon will involve o ne of the following methods of determining the effect of the change(s).
Other
AUT~ZED ~
8 By -
- ~j
~OF FORT YERS
- . - -
-
;I AIM
~- ----. ---
--~
II
;:;.;; C onstruction Contracting
' I
Relocate the existing Fiber Optic Cable that was in conflict with the installation of the new 16"
Watermain.
No. 5
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: June 30.2016
Description: Install additional fittings for connections not indicated on plans because of unforeseen field
conditions.
If a claim is made that the above change(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon will involve one of the following methods of determining the effect of the change(s).
Other
I I
Relocate Fiber Optic Cable that was in conflict with the installation of the new 16" Watermain.
No.6
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: June 30.2016
Description: Complete Sub-surface Utility Engineering ("soft dig") services to investigate the existing
utility lines throughout the project.
If a claim is made that the above change(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon will involve one of the following methods of determining the effect of the change(s).
Received
JUN 0 B 2016
Engineering
I ' I
Complete Sub-surface Utility Engineering ("soft dig") services to investigate the existing utility
lines throughout the project .:
No.7
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: July 31.2016
Description: Public Operations utilized one of the stored 8" plug valve to incorporate on a lift station repair
project.
Purpose of Work Directive Change: Public Works Operations wanted to install a new 8" plug just north of
lift station number 34 (Evans Avenue).
If a claim is made that the above change(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon will involve one of the following methods of determining the effect of the change(s).
B
AIM Construction Contracting, LLC
Construction Manager-At-Risk for Barcelona/Alcazar
Neighborhoods Aging Infrastructure Replacement
RFQ #05-13-14-PW
No.8
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: September 30,2016
Description: Furnish and install (8) 2" ARVs on the Force Main. These were missing on the original
contract drawings and quantities.
Purpose of Work Directive Change: Furnish and install (8) 2" Force Main ARVs at $4,100.00 each. Total
Work Directive $32,800.00.
If a claim is made that the above change(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon will involve one of the following methods of determining the effect of the change(s).
AUT&
B
AIM Construction Contracting, LLC
Construction Manager-At-Risk for Barcelona/Alcazar
Neighborhoods Aging Infrastructure Replacement
RFQ #05-13-14-PW
No.8
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: September 30.2016
Description: Furnish and install (8) 2" ARVs on the Force Main. These were missing on the original
contract drawings and quantities.
Purpose of Work Directive Change: Furnish and install (8) 2" Force Main ARVs at $4, 100.00 each. Total
Work Directive $32,800.00.
If a claim is made that the above change(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon will involve one of the following methods of determining the effect of the change(s).
No.9
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: September 30.2016
CONTRACTOR: AIM Construction Contracting, LLC CITY OF FORT MYERS CN#:411 752
Description:
1. Install new 8" Force Main extension and double connections LS $4,090.00 & 28 days.
2. Install water main capping on existing 8" water main LS $12,407.00 & 10 days.
3. 5,000 LF of ditch cleaning along Evans Ave. LS $ 11 ,500.00 & 21 days.
Purpose of Work Directive Change: Utility and drainage upgrades as requested by City of Fort Myers
Public Works Department.
If a claim is made that the above change(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon wi ll involve one of the following methods of determining the effect of the change(s).
B
AIM Construction Contracting, LLC
Construction Manager-At-Risk for Barcelona/Alcazar
Neighborhoods Aging Infrastructure Replacement
RFQ #05-13-14-PW
No.lO
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: January 20.2017
Description:
I . Clean box culvert one lump sum $2,750.00.
2. Pour valve pads on existing valves six (6) each @ $150.00 each = $900.00.
Purpose of Work Directive Change: To clean the existing box culvert and to install new valve pads on
existing valve.
If a claim is made that the above change(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon will involve one of the following methods of determining the effect of the change(s).
B
AIM Construction Contracting, LLC
Construction Manager-At-Risk for Barcelona/Alcazar
Neighbortloods Aging Infrastructure Replacement
RFQ #05-13-14-PW
WORKDUffiC~CBANGE
No. ll
PROJECT: RFQ 12-27- 12-PW
Evans Avenue Waterline Improvements DATE OF ISSUANCE: February23. 2017
Description: Added 8" PVC Force Main (DR 18) in lieu of8" PVC Force Main (DR14)
Purpose of Work Directive Change: Add a new bid item, 8" PVC Force Main (DR 18).
If a claim is made that the above cbange(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon wiU involve one of the foUowing methods of determining the effect of the change(s).
Successfully providing our clients ond the community with qualify planning, engineering and surveying since 1980.
The initial need for the replacing the force main was to maintain the 6ft. minimum separation
from the new proposed water main called out in the Evans Avenue waterline plans. But as we
progressed through the project it became obvious that the City wanted to replace the entire
run . If the budget allowed it. So as we approached the restoration portion of the project,
AIM performed an estimate of remaining budget and the City decided to replace the entire
1500 +/-foot run afforce main which drastically changed the estimate prosed in work
directive #1; WD #11 will account for the balance.
AIM Construction Contracting, LLC
Construction Manager-At-Risk for Barcelona/Alcazar
Neighborhoods Aging Infrastructure Replacement
RFQ #05-13-14-PVV
No.l2
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline Improvements DATE OF ISSUANCE: February 27.2017
Ifa claim is made that the abovechange(s) have affected Contract Price or Contract time, any claim for a Change Order
based thereon will involve one of the following methods of determining the effect of the change(s).
AUTHORIZED:
By ~~
CITY OF FORT MYERS
--
- -
==
-- AIM Construction telephone: 239-332-4569
~~ , Contracting, Inc.
Office: Toll Free: 80(}-226-4569
2185 Alicia Street Fo x: 239-332-8734
Fort Myers. FL 33901 www .oimconstructioncontroc ling.com
I Successfully providing our clients and the community with qualify planning, engineering and su,.;,eying since- 1980.
Initially Ben Bullert wanted to locate as many services and larger waterline crossing so that he
could design the new line properly. Therefore, the City spent a lot of time and effort identifying
and locating everything in the right of way. Ben moved through the process of accounting and
connecting all parcels; water service, Irrigation service, fireline, etc.
Early on Ben stated that we might not complete all the crossings across Evans because Richard
Moulton did not want to cut across the newly resurfaced Asphalt of Evans. Especially with the Full
Utility replacement from right of way to right of way looming just outside of the current five-year
improvement plan. Because we were not rebuilding the entire right of way it wasn't possible to
connect everyone on the east side of Evans. Therefore, we settled for "boosting" the east side
system by connecting to a select few, larger diameter crossing that were in good shape and
spaced properly.
Ben deleted the Water services crossing Evans to the east and we met with Nicole Monahan and
explained the Issue to her, then moved forward.
PROJECT CLOSEOUT CHECKLIST
For the Acceptance of Public Improvements
By The City of Fort Myers Florida
9. CITY VALVE SHEET FORMS DELIVERED TO ENGINEERING: N/A if included in GIS (GC)
16. RECEIPT OF $5,000 ESCROW DEPOSIT FOR PUMP STATION TELEMETRY _ _ _ _.:...::..:...:...._
N/A _ _ __ (C)
ITEMS PREPARED BY ARCHITECT/ENGINEER INDICATED "(AE)", ITEMS PREPARED BY THE CONTRACTOR INDICATED
"(GC)", ITEMS PREPARED BY THE CITY INDICATED "C", COPIES OF ALL PERMITS SHALL BE AITACHED
NOTE: ALL THE ABOVE IS TO BE COLLECTED BY THE PERMITTED CONTRACTOR AND/OR OWNER AND
FURNISHED TO THE CITY PRIOR TO ISSUANCE OF CERTIFICATE Ae~XC~I'\ cJ_ il!ct~C-
CERTIFICATE OF SUBSTANTIAL COMPLETION
CITY OF FORT MYERS CN# RFQ No. 12-27-12-PW STA#3 CONSULTANT'S Project No .__,7~5=.2_ __
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following
specified parts thereof:
Construction was completed based on the plan set designed by the City of Fort Myers further described as follows:
The installation of a new 16" PVC Water Main and appurtenances along Evans Avenue from Colonial Boulevard to
Carroll Canal. Also, included relocation of an existing Force Main that conflicted with the proposed water main
construction.
To______________________~N~ic~ol~e~M~o~n~a=h=a"~~P~E~~C~it~v~E~n~g~in~e~e~r________________
CITY OF FORT MYERS
AndTo.__________________~A~I~M~C~o~n~s~tr~uc~t~in~g~C~o~n~tr~ac~t~
in~g~:LL~C~---------
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of CITY, CONTRACTOR
and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract
Documents on
December 7 2016
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in
accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by
CONTRACTOR within 30 days of the above date of Substantial Completion.
The responsibilities between CITY and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as follows:
RESPONSIBILITIES:
The following documents are attached to and made a part of this Certificate: Walk Through Punch list dated
December 7, 2016.
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a
release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents.
By
~CONSULTANT
CONTRACTOR accepts this Certificate of Substantial Completion on --""D""ece=m_,b,e"-r_,_7_ _ _ _ , 20_16
__
By
THE CITY OF FORT MYERS accepts this C rtificate of Substantial Completion on December 7 , 2016
By ~~ (AJ.._J_~
City of Fort Myers, F1orida
1200 Second Street
P.O. Box 2217
Ft. Myers. FL 33902-2217
Telephone (139)321-7445
FlU (139)334-5943
City o1 Polmt
December 7, 2016
8:00AM
~"--"'-~~..-.=.a...;.._o_~_,__=';.;_
rn.u:J....:=-
;:;:....u...o~r~u5 . l ~ empj
~.:. '5\ ~Ef:>U:> ~ ~-
Pa.l of3
l\U
Evans Ave Waterline Project
Final Walk Through Punch List
12/07
Pqe2or3
Evans Ave Waterline Project
Final Walk Through Punch List
12107
14
Not Pictured:
I 7 RPM's for Fire Hydnants need to be installed./ /
18 Aoy striping that was n:moved need to be replaced.~
19 Handmll111 Suntem South Entrance or ony oth..,. are.u tht wcry/
n:movcd need to be reinstllllcd. /
20 ARV bottom box @ Pi yay Super Morkcl needs to be reset. / '
21 ARV needs little dips for the lock in front main ntrona: or ,
LccS..r.
22 Drop off odjoccnt to sidewall< near volve eomplex at LcCS..r./
E ~3 Rotk in v>lvc box @> l.eeSor employee c:ntnlnCC nccd5 10 be rcmovcdv""' .
v 24 All MOT b;!nicadesltr:~ffic control devices to be removed. V
~3or3
----
- - Aim Engineering & Surveying, Inc.
--
-
- . -
- -
- ----
-
MMMtJW
2161 Fowler Street, Suite I 00 Fort Myers, Flotida 33901 239-332-4569
March 8, 2017
Due to personal inspections on site and review of the Record Survey information, I find Evans
Ave Waterline project to be complete and in conformance with the plans and specification put
forth by the engineer of record Ben Bullert. The Record Drawing which is a detailed depiction
of the in place condition of the utilities was submitted with the closeout documents for the city to
reference.
Sincerely,
Aim Engineering & Surveying, Inc.
This will serve to acknowledge receipt of certification that the referenced water project has been
completely completed in accordance with the plans and related materials approved by this department
under the permit number and date shown.
Based on this certification, the previously approved partial clearance which includes satisfactory pressure
and bacteriological test results, we are clearing the waterlines for service.
Sincerely,
~s~
Brian P. Bates, P.E.
Professional Engineering Administrator
Environmental Engineering Division
BPB/ag
(I) This form shall be completed and submitted to the appropriate DEP district office or delegated local program for all
collection/transmission system pr()jects required to obtain a construction permit in accordance with Chapter 62-604, F.A.C.
(2) Newly constructed or modified collection/transmission facilities shall not be placed into service until the Department has cleared the
project for use.
(3) All information shall be typed or printed in ink, and all blanks must be filled.
Description of Portion of Project for Which Approval is Being Requested (including pipe length, total number of
manholes and total number of pump stations) 1599 LF of 8" pvc Force Main See attached As-Built
Expected Date of Connection to Existing System or Treatment Plant October 2016
Also, I cenif)' that, if we Mil not be the owner of this project after it is placed into service, we have provided a copy of the above
mentioned record drawings and a copy of the above mentioned O&M manual, if applicable, to the person or system that will be the
owner of this project after it is placed into service.
SigO<d
Name
~~
fiiCil8fdUltOn M.B.A.
Date
Title
2-16-17
Interim Director of Public Works
A/tach a feller ofautholization.
I, the undersigned owner or authorized representative* of The City Of Fort Myers cenif)' that
we accept the project as constructed and will be the o~11er of this project after it is placed into service. I agree to repon any
abnonnal events in accordance with Rule 62-604.550, F.A.C. and promptly notifY the Depanment if we sell or legally transfer
ownership of the collection/transmission system. Also I cenif)' that we agree to operate and maintain the facilities in accordance
with the provisions of Chapter 403 Florida Statutes (F.S.) and applicable Depanment rules and that we have received a copy of the
record drawings and O&M manual for this project and that these record drawings and O&M manual are available at the following
location which is within the boundaries of the district office or delegated local program pennitting the collection/transmission
system:
2200 Second Street
I, the undersigned owner or authorized representative* of the_ City of Fort Myers South AWWTP (#FL0021270)
Wastewater facility hereby certifY that the above referenced facility has adequate reserve capacity to accept the flow from this
project and Mil provide the necessary treatment and disposal as required by Chapter 403, F.S., and applicable Department rules.
Also, I certify that any connections associated with this project to the above referenced facility, which we operate and maintain,
have been completed to our satisfaction and we have received a copy of the record drawings for this project.
s;gn"'
Name
~..Jl-1'___.,
Richard Moulton .B.A.
Date
Title
2-16-17
Interim Director of Public Works
Address 2200 Second Street
City Fort Myers State Florida Zip 33902-2217
Telephone 239-321-7215 Fax 239-344-5943 Email [email protected]
"'Attach a leuer ofauthorization
The following is a description and explanation of substantial deviations** rrom the construction penni! and engineering plans and
specifications for the substantially completed portion of this project. (Attach additional sheets if necessary.)
Partial Clearance:
80 LF of 8" PVC Force Main at the Carrell Road RIW.
The force main was installed with accordance to the plans. SpeciftCBIIy Sheet 2 t of 40 from the City of Fort Myers Evans Avenue waterline
improvements. Except, upon investigation the existing force main was 8 inch and not 10 inch as previously thought. No Wye was
encountered or needed because the existing main continued north just like the Proposed.
Final Clearance:
see attached Asbuilt There are substantial deviation to the force main between Oak Ridge and Colonial Blvd. along the east side of Evans.
.: .._..; , . . . ~ :
. ''
Substantial del'iations are construction deviations greater than 10% ji"om plans and specifications and any deviations which fall
below minimum standards established in Rule 62-604, F.A.C.
The undersign parties do hereby warrant and/or guarantee all work executed by the Contractor on:
to be free from defects of materials and workmanship for a period of one year from date of acceptance by the:
The undersigned parties further agree that they will, at their own expense. repair and replace any and all such
defective work and all other work damaged by said defective work under this Warranty, and shall commence to
repair/replace said defective work starting within ten (10) calendar days from the date of notice thereof.
lt is further understood that the consideration for the giving of this warranty is the requirement by the contract
specifiCations under which the contract was let that such warranty would be given.
F - 28
WARRANTY OF TITLE , LIEN RELEASE
KNOW ALL MEN BY THESE PRESENTS, that AIM Engineering & Surveying. Inc.
whose address is _ 5300 Lee Blvd., Lehigh Acres, FL 33971
for and in consideration of ____$1.Q_j_
u0...,0'---- - -- -- -- dollars and other good and valuable
considerations. lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby
acknowledged, does hereby waive, release. remiss and relinquish any and all right to claim any lien or liens for work
done or material furnished, or any kind or class of lien whatsoever on the following described
property Evans Avenue Waterline Project
F- 29
WARRANTY
By:~l-A-"~1-P-A~~----
}/'fl(eith Dean, President
J
State of Florida
County of Lee
~\.:) . ~
Notary Public Signature
Linda D. Baer
WAIVER AND RELEASE OF LIEN
UPON FINAL PAYMENT
By: __V-'-'--'K=E
. ...,I_,_
T...., =A....,N_,___ _ _ __
H"""D~E 11260 PALM BEACH BLVD
Name of Representative Address
STATE OF FLORJDA
COUNTY OF LEE
The foregoing instrument was signed and acknowledged before me this 15TH day of February,
2017 by V. KEITH DEAN who is personally known to me.
~ .tD . ~9D
Notary Public Signature
LINDA D. BAER
ii.lf
~
~~ LINDA D. BAER
MY COMMISSION OFFtum
EXPIRRS ~ 01. 201G
t~ll sis-o~IS . .-.
NOTARY SEAL
AIM CONSTRUCTION CONTRACTING, LLC
EXHIBIT C
FINAL RELEASE OF CLAIMS
KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, for and in consideration of the
payment of$ 3.000.00 paid by or on behalf of AIM Construction Contracting, LLC ("Contractor"), the
receipt and sufficiency of which is hereby acknowledged , hereby waives and releases, in favor of
Contractor, Owner. Architect. Architect's Consultants and each of their respective parent companies,
affiliated companies, partners, agents, off1cers, directors, members, managers, employees, successors,
assigns, servants, sureties and any other entity required by the Contract Documents (collectively the
"Released Parties"}, any and all claims, demands. suits and causes of action of every kind or character
(including claims for extra work, extended or additional job costs or overhead, delays, disruptions, and
lost profits) which the Undersigned had, has or could have in any way related to the Project (as defined
below) against the Released Parties in connection with this Project.
This Final Release of Claims is given pursuant to the terms of the Subcontract or Purchase Order, as
applicable, by and between Contractor and the Undersigned on Project CFM Evans Avenue Waterline
Project
IN WITNESS WHEREOF, the Undersigned has signed this FINAL RELEASE OF CLAIMS on this ___j_Q!!l
day of February . 20_1L
L~
Officer S(Qilature/Title
The foregoing instrument was acknowledged before me this 16th day of February , 201L. by
Kns Cella as CEO / ' of~-Molnar & Associates. Inc.
'i'
i:
~
CAR<>.YN USHER
"~ Com!T'ission # FF 006716
in Expirf <flprit 10, 2017
''~Itt.-.~~ 8oNIU lrt:.. ,.,.,. . . . . . . eooas.me
The undersigned lienor, in consideration of the final payment in the amoun t of$10.00, hereby waives and releases its lien and right to claim a
lien for labor, services or materials furnished to STEVENS & LAYTON (customer) on the job of CiTY OF FT MYERS (owner), to the
following described property:
EVANS AVENUE, FORT MYERS, FLORIDA, EVANS AVENUE WM IMPROVEMENT, LEE COUNTY, FLORIDA.
r
78 16 Professqna1 Place
m FL 6 -~ -~-~: __ __ ~
, f \ .. ..
y: \
/ - ------ .
CH TRAY,C . DlTMANAGER
l
Before me, personally appeared, CHERI TRAY, CREDIT MANAGER, the of Ferguson ~'te!J.?!ises Inc., on its behalf, who
oduced
---------as identification or is personally known to me, and who did take an oatn, acknowled ed d before me ti.Jat
he/she executed tltis instrument for the purposes therein expressed on behalf of said entity, this 16 day of FEBRUARY, 2017
https:/lwww.nacmtampa.com/webwizlwwiz.asp 1/1
[email protected]
The undersigned lienor, in consideration of final payment in the amount of$10.00, hereby
waives and releases its lien and right to claim a lien/bond claim for labor, services or materials
furnished to Stevens & Layton Inc on the job of City of Ft Myers following described
property:
Evans Avenue Waterline Improvement Task Authorization No 3 RFP #12-27-12.
Furthermore, all bills for materials, services or labor furnished to the above person/entity
by the undersigned for construction of such improvements on the above property have been paid.
Typed Name
Credit Manager
Title
STATE OF FLORIDA
COUNTY OF DUVAL
Sworn to and subscribed before me on this 20th day of Janu , 017 by Brian L. Dunmire who
is personally known to me.
f' ~.vr~:;
'lo ~- ..lvJ
D.L. Davis
Notary Public
State of Aorlda
My Commission Expires October 8, 2018
C;mmiaaion No. FF 163869
WAIVER AND RELEASE OF LIEN
UPON FINAL PAYMENT
(Section 713.20(5) Florida Statutes)
The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and
releases its lien and right to claim a lien for labor, services or materials furnished to STEVENS & LAYTON
INC (customer) on the job of CITY OF FORT MYERS (owner), to the following described property:
FORT MYERS, FLORIDA, EVANS AVNEU WATERLINE IMPROVEMENTS, JOB NUMBER RFQ 12-
27-12-PW, BOND NUMBER PB00155800161 , LEE COUNTY, FLORIDA.
Before me, personally appeared, TRENT WARD, the SERVICE MANAGER of NEFF RENTAL LLC, who
produced as identification or i~ personally known to me. and who did take an oath,
and acknowledged to and before me tha~e executed this instrument for the purposes therein expressed on
behalf of said entity, this 20 day of JANUARY, 2017
J
FINAL RELEASE
STATE OF FLORIDA
COUNTY OF PASCO
The undersigned supplier, vendor, contractor and/or materialman has been employed by
STEVENS & LAYTON , INC to furnish CONCRETE,BLOCK,REBAR- BLDG MATERIALS
for the construction improvements known as EVANS AVENUE WATERLINE IMPROVEMENTS
which is located: EVANS AVE
LEE COUNTY, FLORIDA
For and in consideration of the sum of$ 10.00 and other good and valuable consideration ,
the receipt and sufficiency of which is hereby acknowledged, the supplier, vendor, mechanic
and/or materialman waives and releases any and all liens or claims of liens or any right against
any labor and/or material payment bond of Contractor it has upon the foregoing described property.
J
RELEASE OF UEN Page 1 of 1
~~~AND
TITLE: SECRETARYfTREASURER
STATE OF FLORIDA
COUNTY~-~~1~,~~
= ---------
SWORN TO AND SUBSCRIBED BEFORE ME THIS I y-r DAY OF / ( };. 20/ 7
-~
jt.-t.,Lf.: ;.:JrM:.: : =~---'b~.:~..v.....:...l
. /'1 _
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:. :. _ _ _ _ _ IS PERSONALLY KNOWN TO ME OR PROVIDED THE
FOLLOWING IDENTIFICATION. ~
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-ARY PUBLIC STATE OF FLORIDA
.......;-;........
!~~'!'~'!.~;\ LORA M ECKO
(1~~:) MvcoMMISsloN#FF 1sso73 MY COMMISSION EXPIRES.W Z; ? c/,p
'~!'!,.~~ EXPIRES September 2, 2018
(40 7) 398.0153 FloridaNotatyServ~ce.co m
The undersigned lienor, in consideration ofthe final payment in the amount of$10.00
the receipt of payment is acknowledged, hereby waives and releases its lien and right to
claim a lien for labor, services or materials furnished to STEVENS & LAYTON INC
on the job of CITY OF FORT MYERS (owner ofproperty) for the job located on the
following described property:
By:J.
S. RENEE' JO ES
Credit Servi s Representative
The foregoing instrument was signed in my presence this date of JANUARY 24, 2017
by S. RENEE' JONES who is personally known to me, who did take an oath, and is
Credit Services Representative of CEMEX, Inc and/or CEMEX Construction Materials
Florida, LLC
3017753-14345495
j 1/24/201 7
WAIVI:R & RELEASE UPON FINAL PMT
The undersigned lienor. in consickration or the final payment in th~ amo unt of S IO.OU. he rei>) waives and r.:lcas~ s its lien and
right to claim a lien for labor. scniccs or materials furnished to Pi\ VEMENT Mi\INTENANCI: 1.1.(' ( cu~t om cr) 011 the job of'
CITY OF FORT MYERS (owner). to tho.: following dcsnibcd property:
FORT MYERS, FLORIDA, EY i\NS i\ YNEU WATL::IU.INE IMPROVEMENTS. JOl3 NL!MilER RF() 12-27-12-1'\V. LlONil
NlJMBER PB00155XOOI61. LI:H'OlJNTY, fLO RIDA.
DATED on FEnRUi\f{Y 6, 20 17
1\REt\ M!\Ni\Gl::R
Bcl'orc me. personally appcnrcd. i\NIJY DECR/\ENE. the ;\IU :t\ t-.1/\Ni\GER of AJAX 1'/\ YING INI>LIS'I RIES OF Fl. LI.C.
who produced ~t'S(f)01 H1__ J::'.tJoV.D.. as idcntificntion or is personally known to rne, antlll'ho did lake <lll oath. and
acknowledged and be lore ~1c thnt he/she executed this tnstnnncnt lor the purposes thcrcm ex press.:d on behalf ol ~a1d L'IHII).
this 6 day o1TEI3RUARY. 20 17
__fD-pfJ)a:;~(-
NotarY l'uhlic: Slate ol' Florida
M.Y C;11ll111ission Expires: d1 .-:J
-. ,- - { 0()
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WARRANTY OF TITLE, LIEN RELEASE
Sworn to and subscribed before me this j{th day of ~e lov Utl ~ , 20_l_J
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p for reference only and is not a Survey. The City or Fort Myers
NOT TO SCA
.kes no claims or guarantees about the accuracy or currency of
information contained on this map, and expressly disclaims Date: 12117/2(
>ility for errors and omissions. Author: Anderso
r. ,n...,.oto ... C lo,eo.o AA-. ..... I c: ......... .,. ,.,.,. \ lu......~ ,;...., .....
AGENDA7
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
FUNDING SOURCE: N /A
Community Champions Corporation monitors the recordin g of lis pendens through public
records in Lee County and enforces the City Abandoned Registration Program. Part of the
enforcement is collecting the registration fee.
Community Champions Corporation collects a $200 fee from banks or mortgage companies for
registering of abandoned properties with their database . Community Champions Corporation
sends a monthly check to the City for 50% of the amount collected, or $100 per registration.
Th e Agreement with th e City of Jacksonville expires September 30 , 2017, and may be renewed
for up to three addition a l one year periods.
Continued to Next Page D Yes [8J No
Person Initiating Request: Maria Joyner & Richard Department: Financial Services &
Moulton Community Development
Laurie Victory & Michael Titmuss Division: Purchasing & Contracts
Administration
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony. Henderson
AGENDA 8
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
FISCAL IMPACT: $200,000 annually unless Building Permitting and Inspections is authorized
to fill full time vacancies
BACKGROUND INFORMATION: The Permit Inspection and Plan Review Service Provider will
provide all required Florida Building Code reviews and inspections for the City in any contract
work to be performed or may be teamed with Building Division staff to perform specific review
or inspection services.
The services will supplement City staff in the event of personnel shortages, vacation, illness or
any other emergency staffing needs. Temporary services may be needed to assist the existing
staff as a result of increased construction permitting activity and other customer service
initiatives to enhance inspection and plan services provided by the City.
Services consist of, but are not limited to, Florida Building Code structural, mechanical, and
electrical inspection services at a rate of $75 per hour.
The firms that may be utilized under this agreement are as follows:
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
I AGENDA 9
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
FUNDING SOURCE: Proj ect No. 3 1100101- 001 - $66,280 and 31 100222-0001- $34,385
WHAT ACTION ACCOMPLISHES: Replaces two mixers at the South Advan ced Wastewater
Treatmen t Facility a nd one mixer at the Central Advan ced Wastewater Tr eatment Facility.
BACKGROUND INFORMATION: The two m ixers at the South Advan ced Wastewater Treatment
Facility, 16 18 Matthew Drive, a nd one m ixer at the Cen tral Advan ced Wastewater Treatment
Facility, 1501 Ra leigh Street, a re 33 years old with a normal life expectancy of 20 year s. The
mixers h ave been rebuilt numerous times and are failin g.
Th e mixers keep the biomass in s u s pension . If the biomass settles to the bottom of t he tank,
the m icr oorganisms are not available to perform their function in th e biological t reatmen t
p rocess .
The a mmonias at th e South Advan ced Wastewater Facility are at a critical level a n d the City is
a t th e poin t of poten t ia l violation s.
Th e plan t main tenance staff will p erfor m th e installation a n d th e old m ixer s will b e turned in as
scrap.
The corporate headquarters for SPX Flow Technology- Ligh tnin is 13320 Ballantyne Corporate
Place, Charlotte, North Carolina a n d is t h e single source repr esen tative in Florida.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony. Henderson
Hudson Pump & Equipment
3524 Craftsman Blvd.
Lakeland, Florida 33803-7307 United States
Phone: 863-665-7867 Fax: 863-666-5649
[email protected]
Quote Form
Attention: Darren Hoagland Date: 7/16/2015
Ft Myers
South F'lant-=-2ndAnox Tank -
-~~s. Florida United States
&--- -~~/~-t
Project Name: Ft Myers 740 10 Quote Number: 07 1615
Rep Reference Number: 011 G-15-0625
Thank you,
Chuck McCaughey
Sales Engineer
This quote/proposal is subJect to SPX Standard Terms and Condttlons of Sale. a copy of which are attached hereto and a re also
available on the Internet at httpllwww sox com/enlltgh!ninlsales-terms-and-ronditions/. Any acceptance of this
quote/proposal is expressly conditioned upon your acceptance of these Terms and Condtbons
..:--
Quote Form
Attention: Darren Hoagland Date: 11/30/2016
Ft Myers
South Plant- 2nd An ox Tank
Ft Myers, Florida United States
Thank you,
Chuck McCaughey
Sales Engineer
This quote/proposal is subject to SPX Standard Terms and Conditions of Sale. a copy of which are attached hereto and are also
available on the Internet at http-/lwww.spx,comle!)/ligbtointsales-terms-and-condjtioos/. Any acceptance of this
quote/proposal is expressly conditioned upon your acceptance ot these Terms and Conditions.
AGENDA 10
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
FISCAL IMPACT: Contributory Assets: Sewer Phase 3-3 $139,742. 16; Phase 3-4 $111,820.60;
and Phase 3-9 $240,998.99 for a total of $492,561.75; and Water: Phase 3-3 $105,821.38;
Phase 3-4 $75,494.75; Phase 3-9 $65,384.00 for a total of$246,700.13
WHAT ACTION ACCOMPLISHES: Transfers ownership of the potable water and sanitary sewer
assets, located at 11043 Treeline Avenue to the City from Centex Homes.
The water main and sewer main are in the private right-of-way and located in the public utility
easement as recorded under the plat for Bridgetown. The City will maintain the water and
sanitary sewer utilities
The Public Works Department received and reviewed all close out documents, including a
1 year warranty, for final acceptance and maintenance of water and sanitary sewer utilities. The
City will maintain the water and sanitary sewer utilities.
Assets become City assets when given to the City by the developer and must be reflected in the
Water /Wastewater Utility asset records. Generally Accepted Accounting Principles, which the
auditors use to provide the audit opinion, require that assets that are donated (contributed) be
valued in the financial records at fair market value. The developers provide the cost of the
assets that are recorded as a capital contribution since the City did not pay for the assets. The
total contributory assets fo_r Phases 3-3, 3-4, 3-9 are $492,561.75 for sewer and $246,700.13
for water .
COUNCI L ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
rS'City of Pa'rn.) PROJECT CLOSEOUT CHECKLIST
For the Acceptance of Public Improvements
For Project the City Will Own Utilities
By The City of Fort Myers Florida REVISED 10/16/2015
B. CAPITAL IMPROVEMENT PROJETS ARE REQUIRED TO MEET ALL OF THE AD~ED ~NDARDS FOR ELECTRONIC AS-BUILT
FILES MANUAL ~C!.\ ~ (AE}
5.
---~
~A>_ __ _ __
SFWMD PERMIT**# . CONSTRUCTION
COMPLETION CERTIFICATION: ( ,(AE)
S')U, ..'P~ c.~
FEDP SEWER PERMIT**# U~
~~~drs
6. LETTTER FROM
FDEP APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: V(AE)
15.
SUBCONTRACTORS & SUPPUERS FINAL RELfASE OF LEIN :
16. PUMP STATION INFO: ADDRESS, PUMPS, CAPACITIES, MOTORS, ETC. -------'------~tG.C)
---~---ft-_____
17. CURRENT WATER AND ELECTRIC ACCOUNT NUMBERS FOR PUMP STATION
SERVICES:
ELECTRIC: ADDRESS: _ _ _ _ _ _ _ _ _ _ _ _ _
ACCOUNT NUMBER:_ _ _ _ _ _ _ _ _ _ __
18. INSPECTOR'S ACCEPTANCE OF PUNCH UST WORK: s~A-e .. ru-..a,.l.l~~ (() }a'-4/lt; (GC)
lVO
19. ACCEPTANCE OF PREUMINARY PLAT (SUBDIVISIONS ONLY): -----=J~A'-"-------(AE)
20. ACCEPTANCE OF RECORDED EASEMENTS _ ___;,_t~"~-----(AE)
24.
WALK THROUGH BY PUBUC WORKS CENTER INSPECTOR.
AND FURNISHED TO IE
NOTE: ALL THE ABOVE IS TO BE COLLECTED BY THE PERMITTED CON1RACTOR AND/OR OWNER
CrTY PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY (C.O.)
A. AS-BUILTS THAT ARE FOR PRIVATELY MAINTANED UTILITIES MUST FOLLOW THE ELECTRONIC AS-BUILT CHECKLIST FOR ANY
UTILITIES WITHIN THE CITY OF FORT MYERS RIGHT-QF-WAY, CHECKLIST CAN BE FOUND ON THE CITY OF FORT MYERS
WEBSITE. ALL ELECTRONIC AS-BUILTS, WHETHER PUBLICLY OR PRIVATELY MAINTAINED, SHALL BE IN FLORIDA STATEPLANE
WEST, NAD 83, SURVEY FEET COORDINATES AND SHALL HAVE ALL ANNOTATION IN MODEL SPACE. AT ANY POINT THAT THE
PRIVATE UTILITIES ARE TO BE TURNED OVER TO THE CITY TO BE PUBLICLY MAINTAINED, THE ELECTRONIC AS-BUILT FILE
MUST BE REVISED TO MEET ALL OF THE REQUIREMENTS FOR THE UTILITIES WITHIN THE RIGHT-DF-WAY AND THE PRIVATE
PROPERTY.
B. CAPITAL IMPROVEMENT PROJETS ARE REQUIRED TO MEET ALL OF THE ADOPTED~AND~R~ FOR ELECTRONIC AS-BUILT
FILES MANUAL. 1 lJ1..e. oY (AE)
5. SFWMD PERMIT**#
COMPLETION CERTIFICATION:
. CONSTRUCTION
f J+ (AE)
12. CONTRACTORS ONE YEAR WARRANTY- MATERIALS & LABOR: ~e.\J (GC)
WATER: ADDRESS: _ __
ACCOUNT NUMBER:_ _ _ _ _ _ _ _ _ __ -----------~~
ELECTRIC: ADDRESS: ( J.oS'~ ~~A-k. ~ (2p_c. ~~
- - - - " - ' - = ' - - - - - - - -- -(GC)
ACCOUNT NUMBER: 50 I ;19j2;flq 9
18. INSPECTOR'S ACCEPTANCE OF PUNCH UST WORK: ~Q .. Nt> ~w-J.l,.:l ,of,t~b<
19. ACCEPTANCE OF PREUMJNARY PLAT (SUBDIVISIONS ONLY): J~
---~~------(AE)
23. WALK THROUGH BY PUBLIC WORKS CENTER INSPECTOR. s~~c. - t.Jv ~~ '* 11" hs (C)
0
NOTE: ALL THE ABOVE IS TO BE COLLECTED BY THE PERMITTED CONTRACTOR AND/OR OWNER
AND FURNISHED TO THE CITY PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY (C.O.)
A. AS-BUILTS THAT ARE FOR PRIVATELY MAINTANED UTILITIES MUST FOLLOW THE ELECTRONIC AS-BUILT CHECKUST FOR ANY
UTILITIES WITHIN THE CITY OF FORT MYERS RIGHT-OF-WAY, CHECKUST CAN BE FOUND ON THE CITY OF FORT MYERS
WEBSITE. ALL ELECTRONIC AS-BUILTS, WHETHER PUBUCLY OR PRIVATELY MAINTAINED, SHALL BE IN FLORIDA STATEPLANE
WEST, NAD 83, SURVEY FEET COORDINATES AND SHALL HAVE ALL ANNOTATION IN MODEL SPACE. AT ANY POINT THAT THE
PRIVATE UTILITIES ARE TO BE TURNED OVER TO THE CITY TO BE PUBUCLY MAINTAINED, THE ELECTRONI C AS-BUILT FILE
MUST BE REVISED TO MEET ALL OF THE REQUIREMENTS FOR THE UTILITIES Wf)HN THE1\RIGHT-QF-WAY AND THE PRIVATE
PROPERTY. ~
B. CAPITAL IMPROVEMENT PROJETS ARE REQUIRED TO MEET ALL OF THE ADOPTED ST~ARD~ 1\0 R ELECTRONIC AS-BUILT
FILES MANUAL. J:.,.&,. c.'d. (AE)
~
2. OWNERSHIP OF ROADWAY AND SIDEWALKS PUBUC (C)
OWNERSHIP OF UTIUTES ~ (C)
~
OWNERSHIP OF STREET UGHTS PUBUC (C)
OWNERSHIP IF DRAINAGE PUBUC (C)
s. SFWMD PERMIT**#
COMPLETION CERTIFICATION:
. CONSTRUCTION
J J.Pr (AE)
'-.:a.tz .. Slc ... -o~ d!:f
6. FEDP SEWER PERMIT**# -c lw' LETTTER FROM
FDEP APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: f3/?:>l{ts- <2- (AE)
12. CONTRACTORS ONE YEAR WARRANTY- MATERIALS & LABOR: R.cLe \/) (GC)
17. CURRENT WATER AND ELECTRIC ACCOUr-IT NUMBERS FOR PUMP STATION
SERVICES:
WATER: ADDRESS:--- - - - -- - - -- - - -
ACCOUNT NUMBER:_ __ _ _ _ _ _ _ _ __
_ __._,}J"--'1 tt'--------~~GC)
ELECTRIC: ADDRESS:_ __ _ _ _ _ _ _ _ _ _ __
ACCOUr-IT NUMBER: _ _ _ _ _ _ _ _ _ _ __
~~~ (~) -
18. INSPECTOR'S ACCEPTANCE OF PUNCH UST WORK:
JJ~2 ~ ('b~ tof,'t{1~ (f;~,.__
19. ACCEPTANCE OF PREUMINARY PLAT (SUBDIVISIONS ONLY): _ _____,fd'----'_'\.:..,______.(AE)
20. ACCEPTANCE OF RECORDED EASEMEr-ITS ----~--'-------(AE)
21. RETURN OF CITY FIRE HYDRANT METER, IF APPUCABLE
(CHECK Wffil UTILITIES DEPARTMENT):
ITEMS PREPARED BY ARCHITECT/ENGINEER INDICATED "(AE)", ITEMS PREPARED BY THE CONTRACTOR INDICATED "(GC)"
ITEMS PREPARED BY THE CITY INDICATED " (C)", **ITEM NUMBERS 3,4,5,6,7,8 and 9 ARE REQUIRED CERTIFICATIONS FROM OTHER
GOVERNMENTAL AGENCIES AND MUST BE SATISFIED BEFORE ACCEPTANCE BY THE CITY OF FORT MYERS. COPIES OF ALL PERMITS
SHALL BE ATIACHED
NOTE: ALL THE ABOVE IS TO BE COLLECTED BY THE PERMmED CONTRACTOR AND/OR OWNER
AND FURNISHED TO THE CITY PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY (C.O.)
. '
This Letter of Substantial
'
Compliance to the City of Fort
.
Myers City Council certifies that
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. iscompleted. to the specifi~ati~ns of the ap~roved project P\~~s and is hereby dec~ared
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/. . to be in substantial complic:fnce with the Final Project Plar:ts. .. .
. .,. - ' d . . -j .
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/ /Alist of deviations from t~e-~1app!~~~~ projett plans ~hich are/minor changes as per the' ~
' ,. l ... 1 I .~ ; I ,' { ' II
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J..' Growth Management Code ahd.,revisea highlightea lsite p'Ja~sr' if any, are attached .;.
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hereto, signed and sealed ,by ~h~ developmert's Engineer, fo~ approval by the Public
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Works Construction Engimeer.' priori to inspectior)..
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(Florida H!E.' Number)
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Certification of Contributory Assets
Bridgetown at the Plantation- Phase 3-3 "'8 I/
Project Name: (Macquarie Way & Darcy Place)
Please list each element of the system . e.g. pipe, man holes. lift stations. meters. valves. fittings, etc.
TRUE AND ACCURATE REPRESENTATION OF THE AS-INSTALLED COST OF THE SYSTEM BEING
CONTRIBUTED TO THE CITY OF FORT MYERS AND CORRESPONDS WITH THE RECORD DRAWINGS.
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGE BEFORE ME THIS DATE N::NeJtEr 11, Al~---
Please list each element of the system, e.g. pipe, man holes, lift stations, meters. valves. fittings, etc.
A TRUE AND ACCURATE REPRESENTATION OF THE AS-INSTALLED COST OF THE SYSTEM BEING
CONTRIBUTED TO THE CITY OF FORT MYERS AND CORRESPONDS WITH THE RECORD DRAWINGS .
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGE BEFORE ME THIS DATE N::Nartec lL a)l5 _ __
WHO IS PERSONALLY~ _ _ _ _ _ _ _ _ _ _ _ AND WHO IDO( DID
ENGINEERING
January 7, 2016
Dear Dawn:
Attached please find ( 1) copy of signed and sealed record drawings, one CD (containing the record
drawing CAD base file, GIS files, record drawing PDF files, Meta data file, and Udata file),
contributory assets, contractor' s warranty, contractor' s waiver of lien, a letter of substantial
compliance, FDOH and FDEP clearance letters, and a letter of substantial compliance for the above
referenced phase within Bridgetown at the Plantation. The attached FDEP and FDOH clearance
letters should be evidence that proper testing was done to both the potable and sanitary systems.
Please review these documents and let me know if any additional documents will be required to
close out this phase.
Thank you for your assistance and should you have any questions while reviewing the applications
for approval, please feel free to contact us.
Tyler M. Sharpe, E. I.
-
t
Attachments
r
cc: David Heinkel, Pulte Group
TMS/DLH
201 08334-020
~ng\neerinQ 1
2 122 Johnson Street Post Office Box 1550. Fort Myers, Florid 33902- 1 ~0 -
(239) 334-0046 Fax (239) 334-3661
Flori
Twin
(I) This fonn shall be ccimpleted and submitted to the appropriate DEP district office or delegated local program for all
collection/transmission system projects required to obtain a construction permit in accordance with Chapter 62-604, F.A.C.
(2) Newly constructed or modified collection/transmission facilities shall not be placed into service until the Department has cleared the
project for use.
(3) All information shall be typed or printed in ink, and all blanks must be filled.
Date
By
Be It r ' by - Digitally signed
Beltran_M
Date:
<afVIM~~l~14'00'
DEl' fonn 6HO<I.300(1)(l>) Page 1 of3
Etroellw No11<0Tober 6, 2003
Mleslon: . '
M
To prote<:t, PIOII'IDie &I~ 1he haalfl
riel~ In F'lo!lda 1llnlUgh ir*'9~
Stnl, c>:M~a:. &c:cMm\1~ ellcrts. .John H. A.rrMtran8t MD, FACS
.... ~
This will serve to acknowledge receipt of certification that the referenced water project has been
completed in accm:dance with the plans and related materials approved by this department under the
permit number and date shown.
Based on ;!his certification and satisfactory bacteriological test results, we are clearing th.e waterl.il'\e for
service.
Sincerely,
~11.~
Jerry W. Ma, P.E.
Environmental Engineering Division
Florida Department of Health Lee County
The undersigned lienor, in consideration of the final payment in the amount ofTwo Hundred Forty-five
Thousand, Five Hundred Sixty-three Dollars and Fifty-four Cents ($245,563.54) hereby waivers and
releases its lien and right to claim a lien for labor, services, or materials furni shed to the C ity ofF ort Myers
on the job of Bridgetown at the Plantation - Phase 3-3 to the following described property:
Dated on:
STATE OF Flocich
COUNTY OF Cblliec
The foregoing instr~;~ment was signed and acknowledged before me this lith day of N::N, 2012._ by
Jays::n cxesctni.ck who is personally known to me- and wlro ctict-
~~take M-eal.h .
WARRANTY
It is furthermore understood that the consideration for the giving of this warrant
and/or guaranty is the requirement of the site work closeout package under which the
contract was let that such warranty and/or guaranty would be given.
BY: (},nCd'
(Signature
STATE ofFlorida)
COUTNY OF Collier)
The foregoing instrument was signed and acknowledged before me this 61h day of
November, 2015 by Jayson Oreschnick who is personally known to me- and who did not
take an oath.
~~ t{ ,khtprr)(J)--J
Notary Pubhc Signature
Christina K. Shipman
Printed Name ofNotary Public
LETTER OF SUBSTANTIAL COMPLIANCE
. . .- , ..
the above developlillent, as determined by an on-site Inspection performed by the
... Lit' ... ,.
devei9Prn~nrs Ertgineer or his d~signated representatiye on ' I ...
I ' lolt'-Y!_ I
,. t \ ) . . (date) ~ r ,.
is completed to the specifications of the approved project pl~ns and is 'hereby deflared \ . .
. ' . I ~ I .
/ .~t~ be in "substantial complic{nce with the Final Project Plans. . .. . ~.. ... _~. ,
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Certification of Contributory Assets
Bridgetown at the Plantation - Phase 3-4 ~ ~ ~
Project Name: (Bowes Circle & Forbes Street)
Water
Reuse
TRUE AND ACCURATE REPRESENTATION OF THE AS-INSTALLED COST OF THE SYSTEM BEING
CONTRIBUTED TO THE CITY OF FORT MYERS AND CORRESPONDS WITH THE RECORD DRAWINGS .
.~Fv::
Certify: (Name and Title) _ ____;~~..;;..::ol~<--.:......:~~~..;;....;;;.
_ _ _ _ _ _,_v_ice
__ __i_d:n_t_ _ _ _ __
Pres
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGE BEFORE ME THIS DATE N::7vartec 11, 20l,5 _ __
Notary Public Signature Printed Name of Notary Public Notary Commission Number
Certification of Contributory Assets
Bridgetown at the Plantation - Phase 3-4 ~- :2.0
Project Name: (Bowes Circle & Forbes Street)
Please list each element of the system. e.g. pipe. man holes. lift stations. meters, valves. fittings. etc.
A TRUE AND ACCURATE REPRESENTATION OF THE AS-INSTALLED COST OF THE SYSTEM BEING
CONTRIBUTED TO THE CITY OF FORT MYERS AND CORRESPONDS WITH THE RECORD DRAWINGS.
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGE BEFORE ME THIS DATE
Notary Public Signature Printed Name of Notary Public Notary Commission Number
JOHNS
SINCE 1946
ENGINEERING
January 7, 2016
Dear Dawn:
Attached please find (1) copy of signed and sealed record drawings, one CD (containing the record
drawing CAD base file, GIS files, record drawing PDF files, Meta data file, and Udata file),
contributory assets, contractor's warranty, contractor's waiver of lien, a letter of substantial
compliance, FDOH and FDEP clearance letters, and a letter of substantial compliance for the above
referenced phase within Bridgetown at the Plantation. The attached FDEP and FDOH clearance
letters should be evidence that proper testing was done to both the potable and sanitary systems.
Please review these documents and let me know if any additional documents will be required to
close out this phase.
Thank you for your assistance and should you have any questions while reviewing the applications
for approval, please feel free to contact us.
Attachments
cc: David Heinkel, Pulte Group
TMS/DLH
20 I08334-020
2122 Johnson Street. Post Office Box 1550. Fort Myers, Florida 33902-1550
(239) 334-0046 Fax (239) 334-3661
RECEIVED August 28, 201s
Flori South District DEP ction
Twin '-----------------~~~~~~~~~~~~~~2400
(I) This form shall be ccimpleted and submitted to the appropriate DEP district office or delegated local program for all
collection/transmission system projects required to obtain a construction permit in accordance with Chapter 62-604, F.A.C.
(2) Newly constructed or modified collection/transmission facilities shall not be placed into service until the Department has cleared the
project for use.
(3) All information shall be typed or printed in ink, and all blanks must be filled.
.....ian:
To pf'O!ed, promate & I~ 1he hd
c:A al JliiOPit In Fbrlda tllnluh iolegrated
slate, OtMI~ &mMmU~ ellcr1s.
Mn!l
tEAlllf
John H .Annatrong, MD, FAC$
S1ale Su~n General &Seclelary
.... c....tr
VIsion: l 0 be tie Hulthillt S:taCI Jn lhe Na1ion
This will serve to acknowledge receipt of certification that the referenced water project has been
completed in acCOl:dance with the plans and related materials approved by this department under the
permit number and date shown.
Based on flUs certification and satisfactory bacteriological test results, we are dearing the waterline for
St!I'Vice.
Sincerely,
~v. ~
Jerry W. Ma, P.E.
Envirarunental Engineering Division
Florida Department o Health Lee County
The undersigned lienor, in consideration of the final payment in the amount of One Hundred Eighty-seven
Thousand, Three Hundred Fifteen Dollars and Thirty-five Cents ($187,3 15.35) hereby waivers and releases
its lien and right to claim a lien for labor, services, or materials furnished to the City of Fort Myers on the
job of Bridgetown at the Plantation - Phase 3-4 to the following described property:
STATE OF Flocica
COUNTY OF Cblliec
The foregoing instrument was signed and acknowledged before me this lith day of N:N , 2~ by
Jays;::n Cresdnick who is personally known to me-_ _ _ _ _ _ __ __ _ <ti'IE! nhe aiel
~et tal1i 811 oa!tr.
WARRANTY
It is furthermore understood that the consideration for the giving of this warrant
and/or guaranty is the requirement of the site work closeout package under which the
contract was let that such warranty and/or guaranty would be given.
BY:
(Signatur )
bJrDd
STATE of Florida)
COUTNY OF Collier)
The foregoing instrument was signed and acknowledged before me this 61h day of
November, 2015 by Jayson Oreschnick who is personally kno~~tl\11iffid;,W.ho did not take
, . ~s\INA"~ sL, ~;
an oath. .,''
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v'<'-'' .' 1~;,.,.
0~\tiiSSto,y ~<z ~
: .:~CJ >1-~:ner To 4., '-1-- ;;
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Not y Publ c Signature ~ ~. ~ ~
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''I:,,~IC, STA1E. '_,,:--"
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/,.... - A list of deviations from tq~~.,~P.P~oV~-~~oje plans ~hic.har~;minor changes as per the -..,.\,
// Growth Management Codell a'nd. revi~~~ hig hg6t~cll~ite pla~s~ if any, are attached \.~',
I . [.'I II II, . I
it _..;
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hereto, signed and sealed bY ).h~ ~~Velopm k s Engine~r; f~\ approval by the Public
Works Construction Engineer: prior to inspe ior;t.
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(Engineer bf R-ecord) .
624 ~ i '
(Florida P.E. Number)
( , I
Certification of Contributory Assets
Bridgetown at the Plantation Phase 3-9
Project Name: (Bathgate Ave)
A TRUE AND ACCURATE REPRESENTATION OF THE AS-INSTALL ED COST OF THE SYSTEM BEING
CONTRIBUTED TO THE CITY OF FORT MYERS AND CORRESPONDS WITH THE RECORD DRAWINGS .
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGED BEFORE ME THIS 2ND DAY OF DECEMBER, 2015
BY JAYSON ORESCHNICK WHO IS PERSONALLY KNOWN AND WHO DID NOT TAKE AN OATH.
Notary Public Signature Printed Name of Notary Public Notary Commission Number
Certification of Contributory Assets
Bridgetown at the Plantation - Phase 3-9
Project Name: (Bathgate Ave) --:s.-1'1
TRUE AND ACCURATE REPRESENTATION OF THE AS-INSTALLED COST OF THE SYSTEM BEING
CONTRIBUTED TO THE CITY OF FORT MYERS AND CORRESPONDS WITH THE RECORD DRAW INGS.
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGED BEFORE ME THIS 2ND DAY OF DECE MBER, 2015
Notary Public Signature Printed Name of Notary Public Notary Commission Number
lf>.I
:rnt.~
uNoA MAHoN
{~(. ~.J
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'-:t:.9f.,!~<f-
~~----il ..
MYCOMMISSION IFF 170638
EXPIRES: February 21, 2019
Bonded Tlvu Notary Public Underwriters
;o;;;;;;;o;;:;;;;;;;;;;;;;;;;;o;;:;;;;;~
JOHNS
S I NCE 1 94 6
ENGINEERING
January 7, 2016
Dear Dawn:
Attached please find (I) copy of signed and sealed record drawings, one CD (containing the record
drawing CAD base file, GIS files, record drawing PDF files, Meta data file, and Udata file),
contributory assets, contractor's warranty, contractor' s waiver of lien, a letter of substantial
compliance, FDOH and FDEP clearance letters, and a letter of substantial compliance for the above
referenced phase within Bridgetown at the Plantation. The attached FDEP and FDOH clearance
letters should be evidence that proper testing was done to both the potable and sanitary systems.
Please review these documents and let me know if any additional documents will be required to
close out this phase.
Thank you for your assistance and should you have any questions while reviewing the applications
for approval, please feel free to contact us.
Attachments
cc: David Heinkel, Pulte Group
TMS/DLH
20108334-020
2122 Johnson Street. Post Office Box 1550 Fort Myers, Florida 33902- 1550
(239) 334-0046 Fax (239) 334-3661
RECEIVED August 28,2015 A~
South District DEP -.
Florida rotection
( 1) This form shall be completed and submitted to the appropriate DEP district office or delegated local program for all
collection/transmission system projects required to obtain a construction pennit in accordance with Chapter 62-604, F.A.C.
(2) Newly constructed or modified collection/transmission facilities shall not be placed into service until the Department has cleared the
project for use.
(3) All information shall be typed or printed in ink, and all blanks must be filled.
llf. .lan:
To PI'Oted, f'I!'OmoCe & ~ VIe health
ollll p!IOPk-.ln Florida tht'Qugh integrated
~. COlli~ &commuoi\Y effort;. .John H. Arrnstrone1 U, FACS
Stare Surgeon oanerer & Secteta~y
This will serve to acknowledge receipt of certification that the referenced water project has been
completed in accordance with the plans and related materials approved by this department under the
permit nu.mber and date shown.
Based on this cerlification and satisfactory bacteriological test results, we are clearing the waterline for
service.
Sincerely,
(~J.~
Je.ny W. Ma, P.E.
Environmental Engineering Division
Florida Department of Health Lee County
It is furthermore understood that the consideration for the giving of this warrant
and/or guaranty is the requirement of the site work closeout package under which the
contract was let that such warranty and/or guaranty would be given.
BY 9-
(Signatll:~iWII(l
_Q J
STATE OF FLORIDA)
COUTNY OF COLLIER)
The foregoing instrument was signed and acknowledged before me this 2nd day of
December, 2015 by Jayson Oreschnick who is personally known to me and who did not
take an oath.
d~m~
Notary Public Signature
UNDAMAHON
MY COMMISSION t FF 170638
EXPIRES: February 21 , 2019
Bonded Thru Notry Public Underwrilers
The undersigned lienor, in consideration of the final payment in the amount of Three Hundred Six Dollars
Three Hundred Eighty Two Do llars and Ninety Nine Cents ($306,382.99) hereby waivers and releases its
lien and right to claim a lien for labor, services, or materials furnished to the Cit y of Fort Myers on the job
of Bridgetown at the Plantation - Phase 3-9 to the following described property:
STATE OF FLORlDA)
COUNTY OF COLLIER)
The foregoing instrument was signed and acknowledged before me this 2nd day of December, 20 15 by
Jayson Oresclmick who is per onally known to me and who did not take an oath.
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Sources: Esri, HERE , Delorme, USGS, lntermap, INQI'{E MENT P. NRCa n, Esri
~ Japan , METI, Esri China (Hong Kong), Esri Korea,.E';ri (Thailand), Mapmylndia ,
NGCC, OpenStreetMa p contributors, and the GIS User Community
Map for refere n ce only and IS not a Survey. Th~ C1ty of Fort M yers
NOT TO SCALE
mak~s no claims or guaran tees about the accuracy or currency of
the mformation con ta ined on this map, and express!\ disclaims Date 311412017
habality for errors and omiss1ons Author AndersonD
Q \Green Sheet Mapsl8 ndgetown 3-3 3-4 3-9.mxd
AGENDA 11
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
WHAT ACTION ACCOMPLISHES: Transfers ownership of potable water and sanitary sewer
assets, locate d at 12005 Commerce Lakes Drive from WCI Communities, LLC.
The water main and sewer main are in the private right-of-way and located in the public utility
easement as recorded under the plat for Arborwood Preserve Phase 1. The City will mainta in
the water and sanitary sewer utilities
The Public Works Department received and reviewed all close out documents, including a
1 year warranty, for final acceptance and m aintenance of water and sanitary sewer utilities.
Assets become City assets when given to the City by the developer a nd must be reflected in the
Water /Wastewater Utility asset records. Generally Accepted Accounting Principles, which the
auditors use to provide the audit opinion, r equire that assets that are donated (contributed) be
valued in the financial records at fair market value. The developers provide the cost of the
assets that are recorded as a capital contribution since the City did not pay for the assets. The
total contributory assets for Phase 1 are sewer $1,703,869.44 and water $955,483.51.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
)
~ g
Cil)'o(l'otm_, PROJECT CLOSEOUT CHECKLIST
For the Acceptance of Public Improvements
For Project the City Will Own Utilities
By The City of Fort Myers Florida REVISED 10/16/2015
1. ONE SET OF SIGNED AND SEALED AS-BUILT PRINTS IN 24" X 36" FORMAT AND 1 CD CONTAINING PDF OF ASBUILTS, CAD
FILE, GIS INFORMATION AND PDF'S OF THE BELOW DOCUMENTS. SUBMIT ORIG~::~HE DOCUMENTS WITH ASBUILTS.
A. AS-BUILTS THAT ARE FOR PRNATELY MAINTANED UTiliTIES MUST FOLLOW THE ELECTRONIC AS-BUILT CHECKUST FOR ANY
" UTIUTIES WITHIN THE CITY OF FORT MYERS RIGHT-OF-WAY, CHECKUST CAN BE FOUND ON THE CITY OF FORT MYERS
WEBSITE. ALL ELECTRONIC AS-BUILTS, WHETHER PUBUCLY OR PRIVATELY MAINTAINED, SHALL BE IN FLORIDA STATEPLANE
WEST, NAD 83, SURVEY FEET COORDINATES AND SHALL HAVE ALL ANNOTATION IN MODEL SPACE. AT ANY POINT THAT THE
~ PRIVATE UTiliTIES ARE TO BE TURNED OVER TO THE CITY TO BE PUBUCLY MAINTAINED, THE ELECTRONIC AS-BUILT FILE
MUST BE REVISED TO MEET ALL OF THE REQUIREMENTS FOR THE UTIUTIES WITHIN THE RIGHT-QF-WAY AND THE PRIVATE
PROPERTY.
B. CAPITAL IMPROVEMENT PROJETS ARE REQUIRED TO MEET ALL OF THE ADOPTED STANDARDS FOR f;J.fC(RONIC AS-BUILT
FILES MANUAL Qc..e.' ~J. ~ (AE)
~~ z. ..s ~~~FROM
---=8~fL.::.B-f-/.:...:::14L..___ _ _R
6. FEDP SEWER PERMIT**#'-\1 z..l ..
FDEP APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: _ (AE)
,
12. CONTRACTORS ONE YEAR WARRANTY- MATERIALS & LABOR: ~c.'c9 o(GC)
_ _ _ _ _ _ _ _ _ __ _ .(GC)
WATER: ADDRESS: - -- - - - - - - - -- - -
ACCOUNT NUMBER:_ _ _ _ _ _ _ _ _ _ __
ITEMS PREPARED BY ARCHITECT/ENGINEER INDICATED " (AE)", ITEMS PREPARED BY THE CONTRACTOR INDICATED "(GC)"
ITEMS PREPARED BY THE CITY INDICATED " (C)", ** ITEM NUMBERS 3,4, 5,6,7,8 and 9 ARE REQUIRED CERTIFICATIONS FROM OTHER
GOVERNMENTAL AGENCIES AND MUST BE SATISFIED BEFORE ACCEPTANCE BY THE CITY OF FORT MYERS. COPIES OF ALL PERMITS
SHALL BE ATIACHED
NOTE: ALL THE ABOVE IS TO BE COLLECTED BY THE PERMffiED CONTRACTOR AND/OR OWNER
AND FURNISHED TO THE CITY PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY (C.O.)
/:J/13(i// ~
LETTER OF SUBSTANTIAL COMPLIANCE
--
PROJECT: --lrrCinie!r'-----
'
cttv Pc'jltns
21P age Appe ndi x E
Certification of Contributory Assets
PROJECT NAME
Arborwood Preserve Phase 1
LOCATION:
PLANTATION GARDEN DRIVE, STRAP: 12-45-25-P3-3300R.01CE
(including strap#)
6" PVC Water Main (C-900, DR 18, PC150) 809 LF $19.17 $15,508.53
8" PVC Water Main (C-900, DR 18, PC150) 9,320 LF $24.24 $225,916.80
8" PVC Water Main (C-900, DR 14, PC200) 214 LF $26.50 $5,671.00
10" PVC Water Main (C-900, DR 18, PC150) 1,974 LF $32.30 $63,760.20
10" PVC Water Main (C-900, DR 14, PC200) 180 LF $35.67 $6,420.60
1 of 2
DESCRIPTION QUANTITY UNIT COST TOTAL
1" Single Water Service 227 EA $854.33 $193,932 .91
5758 Taylor Rd
Naples, FL 34109
(STATE OF ,c-k 0@ D4 )
(COUNTY OF Col.LIE:i ) (), ,
THE FOREGOING INSTRUMENT WAS SIGNED AND ACKNOWLEDGED BEFORE ME THIS DATE ny,G rJ . J._<)j~ BY
d f\\J So tJ 0 ttf:."SC..t\Nl C, WHO IS PERSONALLY OR '1'#\ltdL:ttlt)T11100:__ _ _ _ _ __ _ .AN D WH'o-oteiDID NOT TAKE AN
OATH.
c~~-K
NOTRYPUBLISIGNATURE
1
Ah ~
Christina K. Shipman
PRINTED NAME OF NOTARY PUBLIC
2 of 2
Certification of Contributory Assets
PROJECT NAME
Arborwood Preserve Phase 1
LOCATION :
PLANTATION GARDEN DRIVE, STRAP: 12-45-25-P3-3300R.01CE
(including strap#}
1 of 3
DESCRIPTION QUANTITY UNIT COST TOTAL
8" PVC Sanitary Sewer Main (0'-6' cut) 3,096 LF $35.11 $108,700.56
8" PVC Sanitary Sewer Main (6'-8' cut) 2,8 10 LF $45.01 $126,478.10
8" PVC Sanitary Sewer Main (8'- 10' cut) 2,026 LF $54.91 $111,247.66
8" PVC Sanitary Sewer Main ( 10'-1 2' cut) 1,720 LF $64.81 $111,473.20
8" PVC Sanitary Sewer Main (12'-14' cut) 1, 181 LF $78.01 $92,129.81
8" PVC Sanitary Sewer Main ( 14'-16' cut) 1,007 LF $93.41 $94,063.87
8" PVC Sanitary Sewer Main ( 16'-18' cut) 349 LF $97.81 $34,135.69
Lift Station (20' Deep Wet Well) & Generator 1 EA $194,968.77 $194,968.77
I DO HERE BY CERTI FY THAT THE QUANTITY OF M ATERIAL AND SERVICES DESCRIBED ABOVE ARE A TRUE AN D ACCURATE
REPRESENTATION OF THE AS-INSTALLED COST OF THE SYSTEM BEING CONTRIBUTED TO TH E GATEWAY SERVICES DISTRICT A ND
CORRESPONDS WITH THE RECORD DRAWINGS.
2 of 3
Haleakala Construction, Inc.
5758 Taylor Rd
Naples, FL 34109
(STATE OF FLo&JDA
(COUNTY OF CoUJE.R )
THE FOREGOING INSTRUMENT WAS SIGNED AND ACKNOWLEDGED BEFORE ME THIS DATE
A\..{6 fl. . :;loJL. BY
.JA'--!Siol'l 'Drlesc.HN(a< WHO IS PERSONALLY ORV-A-AilltiiBEHtiB~---------'AND WHOS+&/010 NOT TAKE AN
OATH.
FF 044S07
NOTARY COMMISSION NUMBER
Christina K. Shipman
PRINTED NAME OF NOTARY PUBLIC
3 of 3
_, ENGINEER I NG ' -
August 11, 2016
Please find enclosed the following original items (partial list) in support of this request for a Project Closeout for
the above referenced project. The remainder of the checklist will be submitted under separate cover when
completed .
AU: 1 1 ?016
Enganeering
K:\2014\ 140022.01.00 Arborwood Phose 1\002 Project Construction Services\005 Project Certification Services\COFM Turnover\COFM Turnover
Submittal# 1 Working Docs\2016..()8-10 COFM Closeout Cvr Llr.docx
Page 1
4983 Roya l Gulf Circle Fort Myers, FL 33966 I (239) 597-0575 1 Fax (239) 597-0578
www.consult-rwa .com
Florida Department d Environmental Prctection
Bob Ma1inez Cmter, 2600 Blar StoneRocd, Taldlaseee, Aorida32399-2400
PART I- INSTRUCTIONS
(1) This fonn shall be completed and submitted to the appropriate DEP district office or delegated local program for all
collection/transmission system projects required to obtain a construction permit in accordance with Chapter 62-604, F.A.C.
(2) Newly constructed or modified collection/transmission facilities shall not be placed into service until the Department has cleared the
project for use.
(3) All infonnation shall be typed or printed in ink, and all blanks must be filled.
Description of Portion of Project for Which Approval is Being Requested (including pipe length, total number of Man-holes and
totalnumberofpumpstatiom)~E~n~li~re~--------------------------------------------------------
Expected Date of Connection to Existing System or Treatment Plant ~J~u!.IIy...!2:.!:!9'-'.2~0~1~6'----------------------------
Received
Electronically For Department Use Only
August 5, 2016
South District
n_d_re Digitally signed
g
___ by Andrew Price
,. ' D Date: 2016.08.08
.1 W atf.l..E;~1~US>0'
This will serve to acknowledge receipt of certification that the referenced water project has been
completed in accordance with the plans and related materials approved by this department under the
permit number and date shown.
Based on this certification, satisfactory pressure and bacteriological test results, we are clearing the
waterlines for service.
Sincerely,
THE UNDERSIGNED parties do herby warrant and/or guaranty all work executed by the
contractor on the water and sewer utilities for Arborwood Preserve Phase I project to be free from defects
in material and workmanship for a period of one (J) year from the date of acceptance by City of Fort
Myers City Council. The undersigned parties further agree that they will, at their own expense, repair and
replace all such defective work and all other work damaged by said defective work under this Warranty-
Guaranty.
It is furthermore understood that the consideration for the giving of this warrant and/or guaranty
is the requirement of the site work closeout package under which the contract was let that such warranty
and/or guaranty wou ld be given.
STATE OF P'L-DR-1 DA
The forgoing instrument was signed and acknowledged before me this 0...1 day of
A\A.blA.""T , 2016, byd A'ic;:.OcJ O~tJ\<J'-. who is personally known to me- _ _
~"-'<~
Notary Public Signature
The undersigned lienor, in consideration of the final payment in the amount of Two Mill ion Six Hundred
and Fifty-Nine Thousand, Three Hundred Fifty-Two Dollars and Ninety-Fine Cents ($2,659,352.95),
hereby waivers and releases its lien and right to claim a lien for labor, services, or materials furnished to
WCI Communities on the job of Arborwood Preserve Phase I to the following property:
STATEOF __fl~LD==~==~~~fi~---
COUNTYOF~C~.C~\~U~~~~~----
The forgoing instrument was signed and acknowledged before me thi s J day of
__._W_.....=&_
u._
~r=------' 2016, by 0&s ON ORrsr:.urJ t GK. who is personally known to me- ____
~~K~
Notary Public Signature
Christina K. Shipman
Printed Name ofNotary Public
....
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Project
Location
D~rtlcls PII:"A)'
0....... .
Sources: Esn. HERE. Delorl'tl.e. USGS. lntennap , INCREMENT P, NRCan. Esn
Japan. METI. Esri Chma (Hang Kong). Esn Korea. Esn (Thailand) , Mapmylndia
NGCC, OpenStreetMapcontnbutors. and the GIS User Communtty
Map for r<"fer~nce onh and IS not .=t Surv<"y Th<' C1t\ of F'ort Myt>rs
NOT TO SCAlE
makt'S no cla1ms or guarantees about the accurnc\ or currency of
the information contame d on th1 s map, and expr-essl\" d1sdmms Date 311412017
hdbtlity for errors and omtsstons. Author AndersonD
0 \Green Sheet Maps\Arborwood PH1 Utilltles.mxd
( AGENDA 12
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
WHAT ACTION ACCOMPLISHES: Approves Amendment 2 to the City of Fort Myers Employee
Policies and Procedures Manual dated September 20 16, Section 3. 12 Service Awards and
Employee Recognition Program and Section 6.09 Workplace Conduct.
BACKGROUND INFORMATION: City Council, on September 19, 2016, approved the City of
Fort Myers Employee Policies and Procedures Manu al effective November 1, 2016. The policies
are being amended as follows:
Policy 3.12 Service Awards and Employee Recognition Program: Haborside Event Center
and the Imaginarium/Southwest Florida Museum of History are deleted and the total number
of departments is amended from 12 to 10. Civilians from the Police Department and
non-certified firefighters from the Fire Department are included in the general workforce for
Employees of the Quarter Program nominations. The Employees of the Quarter Program is
revised to include breakfast with the City Manager, Director of Human Resources, the
Department Director and other winners. Notification is amended to provide the Human
Resources Director will notify the Director of the Department regarding the Employee of the
Year recipient.
Policy 6.09 Workplace Conduct: The consultant erroneously inserted the word "illegally" into
the policy language regarding possessing a firearm and significantly changed the meaning of the
prohibited behavior. The verbiage "illegally possessing a firearm or other weapons on City
property, in City facilities, and on City work sites" is amended to "possessin g a firearm or other
weapons on City property, in City facilities, and on City work sites".
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
Policy: Service Awards and Employee Recognition Program No. 3.12
Effective: November 1, 2016
The City recognizes long-term service to the organization by presenting service awards
to eligible employees according to the guidelines that appear below.
All full-time and part-time employees are eligible to receive a service award upon
completion of five (5) years of service and at the end of every additional five (5)
years of service.
Service does not have to be continuous to count toward service credit for the
award.,.
The Human Resources Department is responsible for identifying the employees
who will be recipients.
All active full-time and part-time employees, excluding elected officials, the City Manager
and Department Directors, who have completed the initial probationary period and have
demonstrated a significant contribution , outstanding accomplishment or provided
excellent customer service and whom have not received any disciplinary action within the
past year are eligible to participate in this program.
Incentive awards shall be awarded and recognized on a quarterly basis for the Employees
of the Quarter Program and on an annual basis for the Employee of the Year Program.
City Attorney
City Clerk
Community Development
Financial Services
Fire Department
Harborside Event Center
lmaginarium/Southwest Florida Museum of History
Information Technology Services
Police Department
April 3, 2017- Amendment 2 to the City of Fort Myers Employee Policies and Procedures Manual
Public Works
Yacht Basin
Community Redevelopment Agency
The Department Director shall be responsible for the selection of the employee from their
respective department. The ERRC members are to be selected annually, and where
applicable, departments comprised of multiple divisions must rotate the division from
which the selected representative is employed . In the event any ERRC member is unable
to continue serving as the assigned representative, the respective Department Director
shall select a replacement. The Director of Human Resources shall be responsible for
providing direction to the ERRC in the position of Chairperson.
This program recognizes three (3) employees each quarter~ fone (1 ) certified firefighter
employee from the Fire Department, one (1) sworn officer employee from the Police
Department, and one (1) employee from the general workforce which includes non-
sworn employees from the Police Department and non-certified employees from
the Fire Departmentf. An employee may be nominated by a fellow employee, Supervisor
or a Department Director. An employee can be nominated multiple times, but may only
be selected one (1) time per calendar year. Each recipient of the Employees of the
Quarter shall be awarded a Certificate of Recognition signed by the City Manager and
Director of Human Resources , a plaque showing the employee's name, department
and quarter in which he/she is awarded , aRd a f}aY gift card in the amount of $100.00
and is invited to a celebration breakfast with the City Manager, Director of Human
Resources, Department Director and the other winners.
Nomination Process:
To ensure timely and proper flow through the review/approval process, the following
procedure shall be adhered to:
April 3, 2017 - Amendment 2 to the City of Fort Myers Employee Policies and Procedures Manual
approval by signing and forwarding the Employees of the Quarter Recognition
form to the ERRC members.
3. The ERRC shall review all nominations to ensure they meet proper selection
criteria.
a. The ERRC shall select three (3) Employees of the Quarter by completing a
rating sheet for all nominees and submitting the tallied score sheets to the
Director of Human Resources.
4.; The Director of Human Resources shall be responsible for notifying the Directors
of the three (3) nominees selected for Employees of the Quarter. The immediate
Supervisor and Department Director shall receive notification of the selection of an
employee within their department/division . The Director of Human Resources shall
be responsible for purchasing gift cards requesting and securing the checks from
the Payroll Department which will be presented to the nominees. Selected
nominees shall be notified by the Director of Human Resources at an award
presentation scheduled by their immediate Supervisor or Director. through
their respective Directors, to be available for the designated Council meeting
where they will be recognized by the Mayor before the members of Council.
General Criteria :
2. Exceptional Achievement
3. Exceptional Leadership
April 3, 2017 - Amendment 2 to the City of Fort Myers Employee Policies and Procedures Manual
Employee of the Year Program:
This program recognizes one (1) employee annually. At the end of each year, the
twelve (12) recipients of the Employees of the Quarter are considered for the Employee
of the Year award. The same Employee Recognition Review Committee (ERRC) shall
be utilized for this selection process. The Employee of the Year shall be recognized by
the Mayor and City Council at the first City Council meeting of the month following the
selection. The Employee of the Year shall be awarded a Certificate of Recognition signed
by the City Manager and the Mayor, a plaque, and a pay card check in the amount of
$1,000.00.
Selection Process:
1. The ERRC shall review the nominations of the twelve (12) recipients of the
Employees of the Quarter and shall make a recommendation for selection of the
Employee of the Year by completing a rating sheet for all nominees. The tallied
score sheets shall be submitted to the Director of Human Resources for final
approval.
2. The Director of Human Resources shall be responsible for notifying the nominee
selected for Employee of the Year. The immediate Supervisor and Director shall
receive notification from the Director of Human Resources of the selection of an
employee within their department/division for Employee of the Year. The Director
of Human Resources shall be responsible for requesting and securing the check
from the Payroll Department which will be presented to the nominee. The selected
nominee shall be notified through their respective Director, to be available for the
designated Council meeting where they will be recognized by the Mayor before the
members of Council.
Additional recognition of the Employees of the Quarter and Employee of the Year shall
include:
City Intranet
Human Resources newsletter
Display of plaque with a picture of the Employees of the Month Quarter with
their names
Display of plaque with a picture of the Employee of the Year with their name
April 3, 2017- Amendment 2 to the City of Fort Myers Employee Policies and Procedures Manual
Policy: Workplace Conduct No. 6.09
Effective: November 1, 2016
Certain rules and regulations regarding employee behavior are necessary for efficient
business operations and for the benefit and safety of all employees. Conduct that
interferes with operations, discredits the City, or is offensive to citizens or coworkers will
not be tolerated .
April 3, 2017- Amendment 2 to the City of Fort Myers Employee Policies and Proced ures Manual
9. failing to wear assigned safety equipment or failing to abide by safety rules and
policies
10. soliciting or distributing in violation of City policies
11 . smoking where prohibited by local ordinance or City rules
12. using profanity or abusive language
13. sleeping on the job without authorization
14. gambling in City facilities or at City work sites
15. playing pranks, practical jokes or engaging in horseplay
16. wearing improper attire or having an inappropriate personal appearance
17. failure to adhere to guidelines set out in section 6.13: Technology
The examples of impermissible behavior described above are not intended to be an all-
inclusive list. Any violation of the City's policies or any conduct considered inappropriate
or unsatisfactory may, at management's discretion , subject the employee to disciplinary
action. Questions about this policy should be directed to the Human Resources
Department.
April 3, 2017- Amendment 2 to the City of Fort Myers Employee Policies and Procedures Manual
AGENDA 13
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
FUNDING SOURCE: NA
FISCAL IMPACT: NA
WHAT ACTION ACCOMPLISHES: Provides 3 youth at no cost to work at the City for 6 weeks
during the summer.
BACKGROUND INFORMATION: The Workforce Innovation and Opportunity Act Paid Work
Experience Program is in addition to the City sponsored and funded Step Up To Work Program.
The Workforce Innovation and Opportunity Act Paid Work Experience Program provides funding
to the Southwest Florida Workforce Development Boar d, Inc. (Board) for workforce education
and career pathway programs. The Board will admin ister a Summer Youth Employment
Program whereby the Boar d will recruit, select, fund, and refer eligible participants for a work
experience with the City. The Board requested that the City place 3 students for a period of
6 weeks or a total of 180 hours. The City will provide supervision and hands-on training
required to successfully expose youth to th e world of work. The Board will provide 100% of the
wages and Worker's Compensation Insurance. The program will be the first job opportunity for
some youth a n d provide additional work experien ce for oth ers. The Board will conduct weekly
visits, evaluations, and consultations to assist supervisors and trainees to provide a positive
and valuable work ex perience.
The 3 students will work at the Dr. Ann Murphy Knight S.T.A.R.S. Complex, 2980 Edison
Avenue.
The Workforce Innovation and Opportunity Act Paid Work Experience Program provides
additional youth for work experience at t he expense of the program without incurring more cost
to the City.
The Summer Youth Employment Program Worksite Agreement is July 1, 2017, through
J une 30, 2018.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
:.
~
~ CareerSource
SOUTHWEST FLORIDA
Workforce Innovation and Opportunity Act
WORK EXPERIENCE WORKSITE AGREEMENT
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC. (SFWDB) as the Regional Workforce
Development Board, and City of Fort Myers whose address is
2200 2nd St. Fort Myers, Fl 33901 hereinafter referred to as the
Agency, agree to the following terms of this Agreement.
1. Program Overview
Workforce Innovation and Opportunity Act Paid Work Experience Program shall consist of job shadowing
and/or paid work experience, wherein a participant referred by SFWDB, or its duly authorized representative,
to the Agency is introduced to age appropriate activities with the rigors, demands, rewards, and sanctions
associated with holding a job reinforced during the program . Under the guidance and supervision of the
Agency and in accordance with the job description attached hereto, the participants should be provided
meaningful job shadowing or work experience that will help them to receive the training and experience that is
required to be successful in the job. It is understood by SFWDB and the Agency that no legal employer-
employee relationship is created or exists between the Agency and the participant.
2. Period of Agreement
This work site agreement shall begin on July 1, 2017 and end no later than June 30, 2018 . No participant
shall begin work until this Agreement is fully executed by both the Agency and SFWDB.
6. Responsibilities of Agency
The following are responsibilities of the Agency. The Agency accepts and agrees that it shall:
A. Make available suitable job(s) at its worksite(s) and in the respective occupation(s) described in the
Work site Application and Statement of Work attached and hereby made a part of this agreement, for
those eligible SFWDB participants who are selected and referred to the Agency by SFWDB.
B. In the case of a job shadow, it is expected that the participant will gain insight into what some of the
daily routine tasks associated with the occupation , and how they are executed by a seasoned staff.
C. Notify SFWDB immediately if any participant referred by SFWDB would be directly supervised by a
member of that person's immediate family.
D. Assign worthwhile and meaningful work to participants during the entire time they are at the work site
in accordance with the approved job description(s). Duties other than those in the attached approved
job description (s) must be predetermined and mutually agreed upon by the Agency and SFWDB.
E. Direct and supervise participants' work activities and training in accordance with their job
description(s).
F. Assure that it will have supervisory personnel who will act as work site supervisors for each of the
Agency's work sites so as to provide for continuous on-site supervision and training of participants at
a ratio of participant(s) to staff of no more than 5:1.
G. Orient and train their work site Supervisory personnel including any alternate staff directly responsible
for the supervision of participants as to the Agency's responsibilities and obligations under this
Agreement.
Z. Immediately advise SFWDB in writing of any actions, suits, claims or grievances filed against the
Agency, SFWDB, State of Florida, federal officials or participants that in any way relates to this
Agreement.
AA. Allow SFWDB, the Governor of the State of Florida, or any of its agents and/or subcontractors, and
the US Department of Labor (DOL) access to the Agency's work site(s) at all reasonable hours for
such purposes as monitoring the program, counseling the participants, etc.
BB. Adhere to all employment and applicable child labor laws. See
http ://www.youthrules.dol.gov/about.htm and http://www.osha.gov/teens for details on child labor
laws.
CC. Maintain the confidentiality of any information regarding participants or their immediate families wh ich
may be obtained from forms , discussions or other sources . Without permission of the participant,
such information shall be divulged only as necessary for purposes related to the performance of this
Agreement.
DD. Consider all work experience participants for any unsubsidized job openings which may occur with
the Agency, if participants meet the necessary qualifications for the openings.
7. Responsibilities of SFWDB
SFWDB accepts and agrees that it shall
A. .Recruit, select and refer participant(s) eligible for this work experience program to the Agency.
B. Assist the job site supervisor in resolving any problems concerning the participants' performance on
the job.
C. Hear all grievances concerning program participant's performance at the job site in accordance with
SFWDB's participant grievance procedures.
D. Provide counseling and supportive services to participants as the need is identified and budget
allows.
E. Be responsible for distributing participant paychecks dependent on Agency's timely submission of
properly completed and signed timesheets.
F. SFWDB or its designee shall be responsible for employing the participants, paying participants for all
actual hours worked , and providing Workers' Compensation coverage for all participants. Note, no
fringe benefits or holiday pay is provided to these temporary workers.
G. Monitor the activities under this Agreement at the work site(s) at reasonable hours and as frequently
as the authorized representatives of SFWDB may deem necessary in order to assure the work
experience is constructive for the participant and that all provisions of this Agreement are being
carried out. Require corrective action within specified time periods or remove participants from work
sites without prior notice other than a written notification to be delivered to the Agency at the time of
the removal. This action may be taken when SFWDB, the Governor of the State of Florida or DOL
finds serious or continual violations of rules or laws, where violations are not being remedied , or
where SFWDB, the Governor of the State of Florida or DOL find noncompliance on any of the terms
or conditions under this Agreement.
H. Furnish the Agency with copies of all procedures, forms, etc. which it deems necessary for the proper
conduct by the Agency.
8. Hold Harmless
Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify
and hold harmless each other, its officers, officials, and employees from and against all claims and liabilities
of any nature or kind, including costs and expenses for or on account of any claims, damages , losses, or
expenses of any character whatsoever resulting in whole or in part from the negligent performance or
omission of either party's employees or representatives connected with the activities described herein .
In agreeing to provide direction , training and supervision of the participant, the Agency understands that this
does not make SFWDB or its designee liable to the Agency or any third party by reason of any future act or
failure to act by any participant on or off the job.
11. Notice
Other than as provided herein, notice shall be required to be given to SFWDB under this Agreement, and
shall be sufficient when hand delivered or mailed to SFWDB at its office at 9530 Marketplace Road, Fort
Myers, FL 33912 Attn: Program Division. All notices required to be given to the Agency under this Agreement
shall be sufficient when hand delivered or mailed to the Agency at its office located at the address identified in
paragraph one, page one of this Agreement.
IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the
power and authority to execute this Agreement and perform the responsibilities specified herein have made and
executed this Agreement on the respective dates under each signature.
Agency: So~ntBoard,lnc.:
Signature Signature
Patrick Comer
Print Title
Date Date
C 1032 Tamiami Trail, Unit 9 0 215 Sout h Francisco St. 0750 South 5th St. 0 4150 Ford St reet Ext. 0 3050 Horseshoe Or. N
Port Charlotte, FL 33953 Clewiston, FL 33440 Immokalee, FL 34142 Fort Myers, FL 33916 Naples, FL 34 104
Telephone 941-235-5900 Telephone 863-983-6138 Tel: 2396S83300 Tel: 239-931-8200 Tel: 239-436-4301
Fax 941-235-5926 Fax 863-983-3417 Fax 239-658-3349 Fax 239-93 1-8228 Fax 239-436-4340
www.careersourcesouthwestflonda.com
An Equal Opportunity Employer/Progr am. Auxiliary aids and services are available upon request to individuals wit h disabilities. All voice telephone numbers
on this document may be reached by persons using TIY/ TDO equipment via the Florida Relay Service at 711
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: D
Continued To: To: Public Hearing Closed: D
Financial Disclosure: D
Oath: D
Voting Log: Brown Streets Watson Flanders Banks Anthony. Henderson
AGENDA 15
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
MEETING DATE: April 3, 2017 AGENDA ITEM NO. 15
WARD: All (Date & Time)
Revised :
1'81 Regular D Special D Workshop --
Quasi-Judicial D Yes 1'81 No
0Proclamations 0Consent 0Public ~City
Council 0Permission 0City 0City
& Special Hearings
Comments & to Advertise Manager's Attorney's
Presentations Items for Items Items
Consideration
MOTION: Approve the reappointment of MANAGEMENT RECOMMENDATION:
Eileen Kelly Gabourel to the Local Affordable Approve.
Housing Advisory Committee as at large
member and residential home builder
representative, term effective May 19, 2017,
through May 18, 2020
WHAT ACTION ACCOMPLISHES: Fills an at large vacancy and residential home builder
representative position on the Local Affordable Housing Advisory Committee.
The board shall consist of eleven members. Members shall serve for a term of three years.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
I
7~ ~ o6- ?tnt ~_:.::_~~SOFFICE
RECEIVED
MAR 1 0 2017
Name
--MR.~MS.
Q btJ I!eL
LAST
e: //(e_l--=----
FIRST
l.
Wa.d No. C'ity R<'ide~ Own Business in C'ity 0 Wo'k In City 0 Own Pmperty in City 0
Social Securi ty Number: . Home Phone N umberl39' -f[;J-3~6 :3 Cellu lar N umber:
I lave you ever served as a Board or Committee Member for the City of Fort Myers? Y~ No 0
Have you ever had your Civ il Rights removed? Yes 0 No y If yes, ha ve they been res tored? Yes 0 No 0
Please read and initia l the following statements and sign below:
I hereby give my permissio n to the C ity of Fort Myers to make investigations related to this Advisory
Board /Committee Ap~c}~ An y documen ts or records d iscovered will be public record purs uant to
Florida Stat utes 119. ~(initial s)
I am aware !hat serving on a C it y board may require filing a Statement o f Financial In terest with t he State
of Florida~_( initials)
BACKGROUND INFORMATION: The Police Officer s' Retirement System Board of Trustees
consists of 7 trustees, 2 of whom shall be legal residents of the City, who shall be appointed by
City Council upon nomination by the other 5 trustees. Each appointed resident trustee shall
serve for 2 years, unless he sooner vacates the office or is replaced by City Council at whose
pleasure the trustee shall serve.
The Trustees nominated John A. Noland, Esquire for reappointment effective April 16, 2017,
throu gh April 15, 20 19 . Mr. Nolan has been a Resident Trustee member on the Police Officers'
Retirement System Board of Trustees since April 16, 2001.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
I AGENDA 17
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
MEETING DATE: April 3, 2017 AGENDA ITEM NO. 17
WARD: All Revise d : (Date & Time)
!8J Regular D Special D Workshop
Quasi-Judicial D Yes !8J No
0Proclamations Oconsent 0Public [8]City Council 0 Permission 0City D eity
& Special Hearings Comments & to Advertise Manager's Attorney's
Presentations Items for Items Items
Consideration
MOTION: A motion is not required. MANAGEMENT RECOMMENDATION:
Announce citizen advisory board vacancies.
FISCAL IMPACT: N/ A
WHAT ACTION ACCOMPLISHES: Notifies the public of available citizen advisory board
openings.
BACKGROUND INFORMATION: The citizen advisory boards have a total of 150 seats of which
113 have been appointed leaving 37 vacancies as follows:
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued To: Public Hearing Opened: 0
Continued To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Backgroun d Information - Continued
The Historical Mu seum Advisory Board has been dissolved, and no longer appears on this
listing.
Th e list of advisory board vacancies and applications are available on the City website at
www.cityftmyers.com and clicking on Government then City Boar ds or by contacting the Clerk 's
Office at (239) 321 -7035.
Page 2
STATUS OF ADVISORY BOARDS WITH TERM EXPIRATION DATES As of: April 3, 2017
WHAT ACTION ACCOMPLISHES: Accepts proposal from Samuel L. Lurie TR for Samuel L.
Lurie Trust and advertises for a public h ear ing on the disposition of 2831 Dr . Martin Luther
King, Jr. Boulevard.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Background Information- Continued
Motion: Accept proposal, in the amount of $13,363, from Samuel L. Lurie TR for
Samuel L. Lurie Trust, for the purchase of vacant property located at 2831 Dr. Martin
Luther King. Jr. Boulevard, a 50 foot by 95 foot, more or less, parcel zoned Commercial
Intensive in the Dr. Martin Luther King, Jr. Community Redevelopment Area, pursuant
to Florida Statute 163.380.
And
Grant permission to advertise, for a public h earing to be h eld on May 15, 2017 , for the
sale of vacant property, in the amount of $13,363, located at 2831 Dr. Martin Luther
King. Jr. Boulevard, a 50 foot by 95 foot, more or less, parcel zoned Commercial
Intensive in the Dr. Martin Luther King, Jr. Community Redevelopment Area to
Samuel L. Lurie TR for Samuel L. Lurie Trust, pursuant to Florida Statute 163.380 and
City Code, Section 2-39.
The property has an assessed value of $13,363 . The City owned Welcome to Vela sco
Village sign is located on the property . A new sign will be purchased and relocated to
2925 Dr. Martin Luther King, Jr. Boulevard. An estimate, in the amount of $2,200, has
been obtained for a new sign and posts. Mr. Lurie has agreed to update the closing
date in the proposal to May 31, 2017. Other closing details will be negotiated during
the second advertisement period.
Page 2
From: Sam Lurie [mailto:[email protected]]
Sent: Wednesday, February 22, 2017 3:09PM
To: CFM Purchasing <[email protected]>
Cc: Graeber, Adrienne <[email protected]>
Subject: Attn: Purchasing- 2831 Dr. MLK- Bid to Purchase
In response to your "request for bid" published in the 1-30-17 News-Press classified , attached is a 7
page sales contract for 2831 Dr. MLK containing the following :
line 14 Sales price is $13,363.00, with a $1 ,000.00 deposit to Omega Title, LLC
line 39 Acceptance by 4-5-17.
line 43 Closing on 5-3-17.
line 52 This is a cash transaction, with no financing contingency.
line 97 Buyer selects Omega Title, LLC and pays all closing costs - see line 326 below.
line 134 Feasibility study within 20 days of effective date to Buyers satisfaction .
During this feasibility study time, Buyer will confirm that this parcel may be combined with adjacent
parcel located at 2821 Dr. MLK with commercial zoning for the new combined parcel and establish
ingress and egress driveway via Knight St.
line 318 There are no sales commissions.
line 324-326 Buyer to pay all closing expenses and 2017 taxes.
Seller will receive proceeds at closing of $13,363.00.
Buyer will pay up to an additional $200.00 for city supervised relocation of signage
currently on the property.
To proceed:
Initial the bottom of all pages, sign and date last page.
Then email back to Sam and Adrienne (emails above).
Adrienne Graeber of Omega Title, LLC is available for any questions or concerns at the contact info
on lines 16-20.
I am available for questions or to appear in person regarding this matter at the Sellers convenience.
Please reply to this email to confirm you received it, along with the 7 page sales contract attached .
3
Marie Adams
Frank:
I agree to update the closing date on my purchase of 2831 Dr. MLK to 5-31-17.
Sam,
Can yo u please send me an email stating that as a change to your proposal that you will accept a closing date up until
the end of May.
Thank you,
Frank Amati 1 City of Fort Myers 1 Real Property Specialist 1 1825 Hendry Street, Suite 101 1 Fort Myers, Florida
33901 I 239-321-7967
1
From: Sam Lurie [mailto:[email protected]]
Sent: Monday, March 06, 2017 7:25PM
To: Debra Kearns
Cc: [email protected]; Sharon Rozier; Frank Amati
Subject: Re: Attn: Purchasing- 2831 Dr. MLK- Bid to Purchase
Debbie:
In reference to your submittal in response to the City's ad for disposal of the subject property, the regular City Council
meeting scheduled for March 20, 2017 has been canceled. I have been advised by the City Clerk's office that proposal(s)
for the disposal of 2831 Dr. MLK Jr. Blvd. will be brought to Council for recommendation as soon after as as possible.
Please feel free to follow up with me later this month.
:DeM.u:J~J CPPB
Sr. Procurement Specialist
City of Fort Myers
Financial Services Dep't.
Purchasing & Contracts Admin. Div.
Ph: 239-321-7238
Fax: 239-344-5935
Florida has a broad public records law. Written communications to and/or from city employees may become public
record available to the public upon request. Your e-mail communications may be subject to public disclosure.
Debbie,
2
I sent an email to Sam Lurie, acknowledging receipt of his email and the attachment and stated that I wou ld forward to
you.
Best regards,
Valerie M. Daeda
Staff Assistant
City of Fort Myers
Pu rchasing & Contracts Administration Division
2600 Dr. MLK Jr. Blvd., Suite 101
Fort Myers, FL 33916
(239) 321-7232
(239) 344-5935
Em ai l: [email protected]
In response to your "request for bid" published in the 1-30-17 News-Press classified, attached is a 7
page sales contract for 2831 Dr. MLK containing the following:
line 14 Sales price is $13,363.00, with a $1,000.00 deposit to Omega Title, LLC
line 39 Acceptance by 4-5-17.
line 43 Closing on 5-3-17.
line 52 This is a cash transaction, with no financing contingency.
line 97 Buyer selects Omega Title, LLC and pays all closing costs - see line 326 below.
line 134 Feasibility study within 20 days of effective date to Buyers satisfaction.
During this feasibility study time, Buyer will confirm that this parcel may be combined with adjacent
parcel located at 2821 Dr. MLK with commercial zoning for the new combined parcel and establish
ingress and egress driveway via Knight St.
line 318 There are no sales commissions.
line 324-326 Buyer to pay all closing expenses and 2017 taxes.
Seller will receive proceeds at closing of $13,363.00.
Buyer will pay up to an additional $200.00 for city supervised relocation of signage
currently on the property.
To proceed:
Initial the bottom of all pages, sign and date last page.
Then email back to Sam and Adrienne (emails above).
Adrienne Graeber of Omega Title, LLC is available for any questions or concerns at the contact info
on lines 16-20.
I am available for questions or to appear in person regarding this matter at the Sellers conven ience.
3
Please reply to this email to confirm you received it, along with the 7 page sales contract attached .
4
Vacant Land Contract
tt r 10r c. Realtors
1-1 2. Purchase Price: (U .S. currency) .. .... ... ....... ..... .. ... ... ....... .... .. .. . ............................ $ _ _ _1_3:....,3_6_3 _.0_0
15 All deposits will be made payable to "Escrow Agent'' named below and held in escrow by:
16 Escrow Agent's Name: Omega Title. LLC
17 Escrow Agent's Contact Person : Adrienne Graeber
18 Escrow Agent's Address: 1415 Dean St .. Su1te 115, Fort Myers. FL 33901
19 Escrow Agent's Phone: 239-463-7777
20 Escrow Agent's Email: [email protected]
32 (f) 0 (Complete only if purchase pnce will be determined based on a per unit cost instead of a fixed price .) The
33 unit used to determine the purchase price is 0 lot 0 acre 0 square foot 0 other (specify):
34 prorating areas of less than a full unit. The purchase price will be $ per unit based on a
35 calculation of total area of the Property as cer11f1ed to Seller and Buyer by a Florida licensed surveyor in
36 accordance with Paragraph 7(c) . The following rights of way and other areas will be excluded from the
37 calculation:
:ltl 3. Time for Acceptance; Effective Date: Unless this offer 1s s1gned by Seller and Buyer and an executed copy
3~1 delivered to all parties on or before April 5, 2017 . this offer will be Withdrawn and Buyer's deposit. 1f
40 any, will be returned. The time for acceptance of any counter offer will be 3 days after the date the counter offer is
41 delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer
42 has signed or initialed and delivered this offer or the final counter offer.
4:l 4 . Closing Date: Thrs transaction wrll close on May 3. 20 17 ("Ciosmg Date") . unless specifically
44 extended by other provisrons of thi s contract. The Closing Date will prevail over all other time periods includrng .
45 but not limited to. Fmancing and Feasibility Study periods. However. 1f the Closing Date occurs on a Saturday
4L> Sunday. or national legal holiday it will extend to 5:00p .m. (where the Property is located) of the next business
-17 day . In the event insurance undef\vriting is suspended on Closrng Date and Buyer is unable to obtain property
-~t insurance . Buyer may postpone closmg for up to 5 days after the rnsurance underwnt1ng suspension is lifted. If
4~ th1s transaction does not close for any reason . Buyer will immediately return all Seller prov1ded documents and
!'0 other items.
;, 01294 2-2001487790025
51 5. Financing: (Chec k as applicable)
52 (a) @ Buyer will pay cash for the Property wrtllnu financrng t;Ontrngency.
f::~ . (b) O Thrs contract is contingent on Buyer qualifyrng for and obtamrng the commltment(s) or approval(s)
54 spec1fred below ("Frnancrng") wrth1n days after Effectrve Date (Ciosrng Date or 30 days after Effectrve
55 Date. whichever occurs frrst. rf left blank) ("Frnancrng Perrod"). Buyer wrll apply for Frnancing wrthm _ __
!Jb days after Effectrve Date (5 days if left blank) and wrll trmely provide any and all credrt. employment. financia l
57 and other rnfor mat ion requrred by the lender. If Buyer. after usrng drligence and good farth , cannot obtain the
:sa Financrng within the Financrng Period. e1ther party may termrnate this contract and Buyer's deposrt(s) will be
59 returned.
60 (1 ) [] New Financing : Buyer wrll secure a commitment for new thrrd party frnancrng for $--=---:=-----
61 or % of the purchase price at (Check one ) Ll a fixed ra te not exceeding _ _ _% 0 an
62 adjustable rnterest rate not exceediny % at origination (a frxed rate at the prevailing interest rate
fi:l based on Buyer's creditwor1hiness rf nerther choice is selected). Buyer wrll keep Seller and Broker fully
64 informed of the loan appllcatron status and progress and authorizes the lender or mortgage broker to
65 drsclose all such informa tion to Seller and Broker.
6b (2) 0 Seller Financing: Buyer wrll execute a 0 frrst []second purchase money note and mortgage to
67 Seller 111 the amount of S . beanng annualmterest at % and payable as
68 follows : - - - - - - : - -- - - - - - - - - : - - - --:-----:-----:--:------=-----
69 The mortgage, note and any secunty agreement wrll bern a form acceptable to Seller and will follow
70 forms generally accepted in the county where the Property is located. will provide for a late payment fee
71 and acceleratron at the mortgagee's option if Buyer defaults; will grve Buyer the right to prepay without
72 penalty all or part of the princrpal at any trme(s) with interest only to date of payment. will be due on
73 conveyance or sale; will provide for release of contrguous parcels. if applicable; and will require Buyer to
74 keep liability rnsurance on the Property. wrth Seller as additional named Insured Buyer authorizes Seller
75 to obtain credit. employment. and ot11er necessary information to determine creditworthiness for the
7G financing. Seller will. within 10 days after Effective Date. grve Buyer wntten notice of whether or not
77 Seller wrll make the loan
78 (3) 0 Mortgage A ssumption : Buyer wrll take ti tle subject to and assume and pay exrstmg frrst mortgage to
79
80 LN# in the approximate amount of$ currently payable at
81 $ per month. rncludrng princrpal. interest. 0 taxes and insurance . and having a
82 [J fixed 0 other (describe)
% whrch [l will n will not escalate upon assumption Any variance in the
~~~~~~~----~----------------~----~--:--~-------
8J interest rate of
tl<l mortgage wrll be adjusted rn the balance due at closing wrth no adjustment to purchase prrce Buyer wrll
tl5 purchase Seller's escrow account dollar for dollar If the rnterest rate upon transfer exceeds % or
66 the assumptron/transfer fee exceed!:> S . either party may elect to pay the excess
87 failing which thrs contract wrll termrnate. and Buyer's depositcs) will be returned If the lender drsapproves
88 Buyer. this contract will termrnate; and Buyer's deposit(s ) will be returned
BSI 6. A ssignability : (Check one) Buyer 0 may ass1gn and thereby be released from any further lrabrlrty under thrs
90 contract, LJ may assrgn but not be released frorn habihty under this contract , or ~may not assrgn thrs contract.
91 7. Title: Seller has the legal capacrty to and wrll convey marJ..etable IItle to the Property by !Rl statutory warranty
92 deed [l special warranty deed J other (specrfy) free of liens, easements.
91 and encumbrances of record or known to Seller but subject to property taxes for the year of closing covenants.
!1-t restrrctions. and public utility easements of record . exrsting zon1ng and governrnental regulations: and (list any
9~ other matters to which trtle will be subject)-:-:-~~-..,...----------------------
90 provided there exrsts at closing no violatron of the foregoing
47 (a) Title Eviden ce: The party who pays for the owner's trtle insurance policy will select the closrng agent and
'J pay for the title search. includrng tax and hen search rf performed . and all other fee s charged by closrng agent
99 Seller wrll deliver to B uyer at
ll!CJ (Check one) U Seller's [!{] Buyer's expense and
WI (Chec k one) 0 wrthin _ days after Effectrve Date [~ at east 5 days before Closrng Date
trd (Check one)
ll"i (1) [X, a trUe rnsurance wmrnitment by Cl Florrt.la hcen5ed IItle insurer settrng forth tlrose matters to be
11.-1 drscharged by Seller at or before closrng and upon Buyer recordrng the deed . an owners policy in the
;o:; amount of the purchase prrce for fee simple trtle subject only to the exceptions stated above If Buyer is
106 paying for the owners trtle rnsurance pohcy and Seller has an owners policy . Seller wrll deliver a copy to
107 B uy er w1thrn 15 days after E t1ectrve Datt::
Buy~::r 'C~ c __ land Sellery )( 1 acknowledge recerpl O!;:; copy cf tim; page. whrch rs 2 of 7 pages
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~. ' 012942200148779002S
10!l (2) l an abstract of tttle prepared or brought current by an extsttng abstract firm or certlfted as correct by an
109 extsttng firm. However. tf such an abstract ts not available to Seller then a pnor owner's title policy
110 acceptable to the proposed msurer as a base for retssuance of coverage may be used . The pnor policy
111 will mclude copies of all policy excepttons and an update in a format acceptable to Buyer from the policy
11 2 effective date and certified to Buyer or Buyer's clostng agent together wtth copies of all documents
113 recited in the prior policy and in the update If such an abstract or prior policy is not avatlable to Seller.
111 then (1) above will be the title evtdence.
115 (b) Title Examination: After receipt of the title evidence. Buyer wtll. wtthtn days (10 days if left blank)
116 but no later than Closmg Date, deltvet wntten nottce to Seller of tttle defects. Tttle Will be deemed acceptable
117 to Buyer if (1) Buyer fatls to deliver proper notice of defects or (ii) Buyer delivers proper written notice and
1 18 Seller cures the defects wtthm day5 (30 days tf left blank) ("Cure Period") aftet receipt of the notice. If
11 9 the defects are cured within the Cure Penod . closmg wtll occur wtthin 10 days after recetpt by Buyer of notice
120 of such cure Seller may elect not to cure defects tf Seller reasonably believes any defect cannot be cured
121 wtthin the Cure Period. If tile defects are not cuted within the Cure Period , Buyer will have 10 days after
1Z.> recetpt of notice of Seller's inability to cute the defects to elect whethet to terminate this contract or accept
12:! tttle subject to extsttng defects and close the transaction without reduction in purchase price.
1:.'4 (c) Survey: Buyer may, at Buyer's expense. have the Property surveyed and must deliver wntten nottce to
1~5 Seller. wtthin 5 days after recetvmg survey but not later than 5 days before Closing Date. of any
12f) encroachments on the Property encroachments by the Property's unprovements on other lands. or deed
127 restrictton or zoning violattons. Any such encroachment or vtolatton wtll be treated m the same manner as a
128 tttle defect and Seller's and Buyer's obligations wtll be determined in accordance wtth Paragraph 7(b).
129 (d) Ingress and Egress: Seller warrants that the Property presently has mgress and egress
130 8. Property Condition: Seller will deliver the Property to Buyer at closmg in its present "as ts" condition with
131 conditions resulting from Buyer's Inspections and casualty damage , tf any, excepted . Seller will not engage 1n or
132 pern11t any activity that would matenally alter the Property's condttton wtthout the Buyer's pnor written consent
133 (a) Inspections: (Check (1) or (2))
134 (1) 00 Feasibility Study : Buyer will, at Buyer's expense and wtthtn 20 days (30 days if left blank)
135 ("Feasibility Study Period") after Effective Date and tn Buyer's sole and absolute discretion . determine
136 whether the Property is suitable for Buyer's tntended use . Dunng the Feasibility Study Period. Buyer
137 may conduct a Phase 1 environmental assessment and any other tests . analyses . surveys , and
138 mvesttgations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the
139 Property's engineering, architectural, and environmental properties. zoning and zoning restrictions:
140 subdtvision statutes; soil and grade: avatlability of access to public roads. water. and other utihttes,
141 conststency wtth local, state. and reg tonal growth management plans: availabtlity of permtts. government
142 approvals. and licenses: and other inspections that Buyer deems appropriate. If the Property must be
14:3 rezoned, Buyer wtll obtatn the rezoning from the appropriate government agenctes Seller wtll sign all
144 documents Buyer is requueu to file 111 connec.lton wtth development 01 rezontng apptovals Seller gtves
14f Buyer. 11s agents. contractors. and asstgns. the tight to enter the Property at any time during the
14l~ Feas1btltty Study Penod for the purpose of conductrng Inspections. prov1ded , however, that Buyer. tis
Pi agents. contractors. and asstgns enter the Property and conduct Inspections at thetr own risk Buyer will
148 indemntfy and hold Seller harmless from losses . damages. costs. clatms and expenses of any nature.
149 mcluding attorneys fees , expenses. and liabtli ty mcurred tn appltcation for rezoning or rela ted
15(, proceedtngs, and from lrabthty to any person. ansmg from the conduct of any and all Inspections or any
151 work authorized by Buyer Buyer will not engage m any activtly that could result tn a construction hen
152 bemg filed against the Ptoperty with out Seller's pnor wntten consent If tht s transaction does not close.
1 5~l Buyer will , at Buyer's expense. (i) repatr dll damages to th e Propet1y resultmg from the Inspections and
1!>1 retllln the Property to the condttton 11 wns 111 befote conducting the lnspecltons and (11) relea se to Seller
1 5~ all reports and other work generated as a result of the Inspections.
H'i Before expiration of the Feastbtl1ty Study Pertod. Buyer must deliver wntten nottce to Seller of Buyer's
1 ~7 determmatron of whether or not the Property ts acceptable Buyer's fatlu re to comply wtth thts nottce
158 requirement Will constitute acceptance of the Property as suitable fot Buyer's mtended use in tis "as ts"
1 5~ condttton If the Property ts unacceptable to Buyer and wntten noltce of thts fact ts ttmely delivered to
161J Seller thts contract wtllbe deemed tetminated and Buyer's depos1Hs) will be retUined
1b1- (2) [ tNo Feasibility Study: Buyer ts satl!:>fted that the Ptoperty ts suitable for Buyer's purpose!:> mcludtng
161' uetng saltsfted that eithet public !:>ewetage and water ate available to the Property 01 the Property wtll be
1t~'3 approved for the 1nstallatron of a well and/ot p11vate sewerage dtsposal system and that extstmg zonmg
BuyeQJ )(
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1fi~ and other pertinent regulations and restnct1ons. such as subdiVISIOn or deed restrictions, concurrency.
1l:'5 growth management, and environmental conditions are acceptable to Buyer Th1s contract 1s not
16l- contingent on Buyer conducting any further mvest1gat1ons
1b7 (b) Government Regulations: Changes 1n government regulations and levels of service wh1ch affect Buyer's
H!8 Intended use of the Property will not be grounds for te1minating this contract if the Feasibility Study Period has
1L9 expired or if Paragraph 8(a)(2) is selected
170 (c) Flood Zone: Buyer 1s advised to venfy by sUivey, w1th the lender. and w1th appropriate government
171 agenc1es whrch flood zone the Property IS rn . whether flood rnsurance IS requrred. and wl1at restrictions apply
172 to improvrng the Property and rebuilding rn the event of casualty.
173 (d) Coastal Construction Control Line ("CCCL"): If any pa1t of the P1operty lies seaward of the CCCL as
174 defined in Sectron 161 .053 . Flonda Statutes Seller wrll prov1de Buyer wrth an affidavit or survey as required
175 by law delineat1ng the lme's location on the Property, unless Buyer waives thts requirement in wnting The
176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulatrons that
177 govern coastal property, includrng dehneat1on of the CCCL, ngid coastal protect1on structures. beach
17& nourishment. and the protectron of marine turtles Additional information can be obtained from the Florida
17~ Department of Environmental Protectron. rncluding whether there are significant erosion conditions assocrated
180 wrth the shore line of the Property being purchased
181 D Buyer wa1ves the right to receive a CCCL affidavit or survey
182 9 . Closing Procedure; Costs: Closing Will take place 111 the county where the Property is located and may be
183 conducted by mail or electronrc means. If title insurance msures Buyer for Iitie defects arising between the title
184 binder effective date and recording of Buyer's deed. closing agent will disburse at closing the net sale proceeds
185 to Seller (rn local cashier's check if Seller requests 111 wnting at least 5 days before closing) and brokerage fees to
18L Broker as per Paragraph 19 In addrt1on to other expenses provided in th1s contract. Seller and Buyer will pay the
187 costs rnd1cated below.
1K8 (a) Seller Costs:
180 Taxes on deed
19fJ Recordmg fees for documents needed to cure title
191 Title ev1dence (if applicable under Paragraph 7)
192 Other:~-----------------------------------------------------------------------
193 (b) Buyer Costs:
Hl4 Taxes and record1ng fees on notes and mortgages
195 Recordmg fees on the deed and fmanc1ng statements
1!:u Loan expenses
1~7 Trtle evidence (1f applicable unde1 Paragraph 7)
1~8 Lenders Iitie policy at the simultaneous issue rate
199 Inspections
200 Survey
2111 Insurance
202 Othe'~--~--~----------~----~--------~----~--~--~~~--~--~~----~
201 (c) Prorations : The following 1tems will be made current and prorated as of the day before Closrng Date: real
2<'4 estate taxes (rnclud1ng spec1al benefrt tax hens rmposed by a COD), mterest, bonds assessments . leases
.?05 and other Property expenses and revenues If taxes and assessments fo1 the current year cannot be
2Gu determmed . the previous year's rates Will be used w1th adjustment for any exemptions
2U7 (d) Special Assessment by Public Body : Regarding spec1al assessments imposed by a public body, Seller
208 will pay (1) the full amount of liens that are certified. confumed, and rat1f1ed before closing and (11) the amount
.:ot of the last es t1mate of the assessment 1f an improvement 1s substantially completed as of Effectrve Date but
2FJ has not 1esulted in a hen before closrng and Buyer will pdy all othe1 amount::. If SJJecJal asse:,sments may be
:'1 1 pa1d rn rnstallments . [J Seller LJ Buyer (Buyer rt left blank) will pay mstallments due after closing. If Seller 1s
:'1.! checked, Seller will pay the assessment 111 full before or at the trme of closmg Public body does not include a
213 Homeowners or Condom1nrum Assoc1atron
21-l (e) PROPERTY TAX DISCLOSURE SUMMARY : BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT
21fl PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO
21L PAY IN THE YEAR SUBSEQUENT TO PURCHASE A CHANGE OF OWNERSHIP OR PROPERTY
21i IM PROVEMENTS TRIGGERS REASSESSMENTS 01 THE PROPERTY THAT COULD RESULT IN
21~ HIGHER PROPERTY TAXES IF YOU HAVE ANY OUESTIONS CONCERNING VALUAT ION CONTACT
~1~ THE COUNTY PROPERTY APPRAISFR S OFF I <~F FOR FURTHER INFORMATION
Huyer:
~~14
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' 1( _ _ V
J and Seller
r\ ) (_ _ ' acknowledge rece1p1 o a ropy of lh1s page. v.h1ch IS 4 ot ; pages
220 (f) Foreign Investment in Real Property Tax Act ("FIRPTA") : If Seller is a "forergn person" as defined by
221 FIRPTA. Seller and Buyer will comply wrth FIRPTA. which may requrre Seller to provide additional cash at
222 closing.
223 (g) 1031 Exchange: If either Seller or Buyer wrsh to enter into a like-kind exchange (either simultaneously with
224 closing or after) under Sectron 1031 of the Internal Revenue Code ("Exchange") the other party will
2<'5 cooperate in all reasonable respects to effectuate the Exchange including executing documents, provided,
226 however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing
2'27 will not be contingent upon. extended, or delayed by the Exchange
228 10. Computation of Time: Calendar days will be used when computing time periods. except time periods of 5 days
228 or less . Time penods of 5 days or less will be computed without including Saturday. Sunday. or national legal
230 holidays specified in 5 U.S.C. 61 03(a) Any time period ending on a Saturday, Sunday, or national legal holiday
231 will extend until 5:00 p.m (where the Property is located) of the next business day. Time is of the essence in
23;! this contract.
213 11. Risk of Loss; Eminent Domain: If any portion of the Property is matenally damaged by casualty before closing
;>;:,4 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain
235 proceedings or an eminent domain proceeding is initrated. Seller will promptly inform Buyer. Either party may
236 terminate this coni! act by written notrce to the other within 10 days after Buyer's receipt of Seller's notification,
~37 and Buyer's deposit(s) will be returned . fail ing which Buyer will close in accordance with this contract and
238 receive all payments made by the governmental au thority or insurance company . if any.
23~ 12. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to
2-10 each other for damages so long as the performance or non-performance of the obliga tion is delayed , caused . or
241 prevented by an act of God or force majeure. An "act of God or "force maJeure" is defined as hunicanes.
242 earthquakes. fl oods. f1re . unusual transporta tion delays, wars, insurrections. and any other cause not reasonably
243 within the control of Seller or Buyer and which by the exercise of due diligence th e non-performing party is
24 4 unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for
24 5 the period that the act of God or force majeure IS 1n place. However , 111 the event that such act of God or force
246 majeure event continues beyond 30 days, either party may termrnate this contract by delivering written notrce to
247 the other; and Buyer's deposit(s) will be returned
248 13. Notices : All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or
2 4~1 electronic means. Buyer' s failure to timely deliver written notice to Seller, when such notice is required by
250 this contract, regarding any contingency will render that contingency null and void, and this contract will
251 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received
25 by an attorney or licensee (including a transactions broker) representing a party will be as effective as if
2~3 delivered to or received by that party .
25.t 14. Complete Agreement; Persons Bound: Th1s contract is the entue agreement between Seller and Buyer.
255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker
256 unless incorporated into this contract. Modifications of this contract will not be binding unless in writing , signed
;:57 or initialed. and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This
25& contract, Signatures, rnrtials, documents referenced in this contract counterparts. and written modifications
259 communicated electronically or on paper will be acceptable for all purposes. rncluding delivery. and will be
26CJ bindrng. Handwritten or typewntten terms inserted in or attached to this contract prevail over preprinted terms . If
2u1 any provisron of this contract is or becomes 1nvalld or unenforceable. all remamrng provrsrons will continue to be
262 fully effective. Seller and Buyer will u5e diligence and good farth 111 perforrnrng al l obltgatrons under thrs contract
2f;3 This contract wrll not be rE:corded rn any pubhc reco1d . The terms "Seller." "Buyer," and "Broke:" may be singular
~64 or plural. This contract1s b1ndmg on the he1rs. adm1n1strators. executors, personal representati ves. and ass1gns. if
265 permitted. of Seller. Buyer. and Broker .
26\i 15. Default and Dispute Resolution : Th1s contract w1ll be construed under Florida law. Th1s Paragraph will surv1ve
267 closing or terrnrnation of this contract.
26b (a) Seller Default: If Seller fails. neglects. or refuse ~ to perform Seller's oblrgations under th1s contract, Buyer
2J ~ may elect to 1eceive a return of Buyer's deposit(s ) Without thereby waivrng any action for damages resulting
2!< , from Seller's breach and may seek to recove r such damages or seek specrf1c performance . Seller will also
?71 be liable for the full amount of the l.Jrokerage fee
Buyer (7 1 ( ) and Sei i Y ) 1 _ 1acl<.nowledge recerpt u: a copy of t111s page. wh1ch ts 5 of 7 page s
'. Ar.. ~ t-1 7'\--
..., ~ 01294l20 014&7790025
2 72 (b) Buyer Default: If Buyer fails neglects. or refuses to perform Buyer's obligations under thrs contract.
273 rncludrng payment of deposrt(s), wrthrn the t1me(s) specrfred Seller may elect to recover and retarn the
274 depostt(s). pard and agreed to be paid , for the account of Seller as agreed upon liquidated damages.
27'> consideratron for executton of this contract. and rn full settlement of any claims. whereupon Seller and Buyer
276 will be relieved from all further obhgattons under thrs con tract: or Seller. at Seller's option. may proceed in
.!.77 equity to enforce Seller's rig hts under this contract
"78 16. Escrow Agent; Closing Agent : Seller and Buyer authorize Escrow Agent and closmg agent (collectively
279 "Agent") to recerve. deposit. and hold funds and other rtems 1n escrow and. subject to Collection. drsburse them
~80 upon proper authonzatron and 111 accordance wtth Florida law and the terms of thrs contract. includmg disbursrng
281 brokerage fees "Collectron" or ''Collected" means any checks tendered or recerved have become actually and
:?82 finally collected and deposited in the account of Agent The parties agree that Agent will not be liable to any
203 person for mrsdelivery of escrowed Items to Seller or Buyer, unless the mrsdeltvery is due to Agent's willful
281 breach of thrs contract or gross negligence If Agent inter pleads the subject matter of the escrow. Agent will pay
285 the filrng fees and costs from the deposit and will recover reasonable attorneys fees and costs to be pard from the
286 escrowed funds or equrvalent and charged and awarded as court costs tn favor of the prevailrng party
287 17. Professional Advice; Broker Liability: Broker advrses Seller and Buyer to verrfy all facts and representatrons
288 that are rmportant to them and to consult an approprrate professronal for legal advrce (for example, rnterpreting
this contract. determining the effect of laws on the Property and thrs transactron, status of trtle. forergn rnvestor
290 reporttng requrrements. the effect of property lying partrally or totally seaward of the CCCL. etc.) and for tax,
291 property condition, environmental. and other specialized advrce. Buyer acknowledges that Broker does not reside
292 in the Property and that all representatrons (oral. written. or otherwise) by Broker are based on Seller
29:.J representations or public records. Buyer agrees to rely solely on Seller , professional inspectors, and
::w government agencies for verification of the Property condition and fa cts that materially affect Property
2g5 value. Seller and Buyer respectrvely will pay all costs and expenses, rncludrng reasonable attorneys fees at all
29t.J levels. rncurred by Broker and Brokers offrcers. drrectors. agents. and employees in connection wrth or ansing
297 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold
2~11 harmless and release Broker and Brokers offrcers. d11ectors. agents, and employees from all liability for loss or
2~J8 damage based on (i) Seller's or Buyer's mrsstatement or failure to perform contractual obligations: (ii) the use or
display of listrng data by third parties, including, but not limited to, photographs. images. graphics, video
recordings. vrrtual tours, drawmgs, wrrtten descriptions and remarks related to the Property, (iii) Broker's
performance. at Seller's or Buyer's request. of any task beyond the scope of services regulated by Chapter 475.
Florida Statutes. as amended. rncludmg Brokers referral, recommendatron. or retentron of any vendor. (iv)
products or servrces provrded by any vendor , and (v) expenses incurred by any vendor. Seller and Buyer each
assume full responsrbrlity for selectrng and compensatrng the11 respective vendors Thrs Paragraph wrll not relreve
J(;C Broker of statutory obligations. For purposes of thrs Paragraph Broker wrll be treated as a party to thrs contract.
:107 This Paragraph will survrve closrng.
JC8 18. Commercial Real Estate Sales Commission lien Act: If the Property rs cornmercral real estate as defined by
jQ1 Section 475 701 Flonda Statutes. the following drsclosure wrll apply The Florida Commercial Real Estate Sales
310 Commissron Lien Act provrdes that when a broker has earned a comm tssron by performrng licensed servrces
311 under a brokerage agreement wrth you , the broker may clarm a lren agarnst your net sales proceeds for the
J1 broker s commrssion The broker's lten r rghts under the act cannot be warved before the commission rs earned
J13 19. Brokers: The brokers named below are collectrvely refer red to as "Broker ." Ins truction to closrng agent:
314 Seller and Buyer drrect closing agent to drsburse at closing th e full amount of the brokerage fees as specifred in
3 15 separate brokerage agreements wrth the parties and cooperatrve agreements between the Brokers, except to the
3 1fj extent Broker has retained such fees from the escrowed funds This Paragraph wrll not be used to modify any
317 MLS or other offer of compensatron made by Seller or Seller's Brol--er to Buyer's Broker.
'31& (a) NONE _ _ _ _ _ _ _ (Seller 's Broker)
'313 wrll be compensated by II Seller r- Buyer " both partres pursuant to a ltstrng agreement other
..120 (specrfy)
'j21 (b) ~NE (Buyer's Broker)
122 \o\'tll be compensated by [ Seller Buyer f " both partres [ l Seller's Broker pursuant to [ a MLS offer of
.:t ~ compensatron [ J other (Specify)'
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324 20. Additional Terms : BUYER TO PAY ALL CLOSING COSTS AND ASSOC IATED EXPENSES.
:!25 BUYER TO PAY ALL 20 17 REAL EStAtE tAXES
'l2fi SELLER WILL RECEIVE PROCEEDS AT cLOSING OF 513 363 oo
BOYER WILL PAY UP t 0 AN ADDItIONAL $200 Oo FOR ell Y SUPERVISED RELOCA liON OF SIGNAGE
CURRENTLY ON THE PROPERTY.
:1<~1 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before
312 signing .
.!5 Effective Date : - - - - - - - - - - (The date on which the last party signed or initialed and delivered the
fmal offer or counter offer.)
FlnndA RE'altors And local Board;Assoc,AIIon of REAL TORS makP no r epr~:~sentAIIon as to tire regal valrdrty or adequacy of any provrsior~
of this form rn any specrfrc transactrc.n This standardtzed form should not be used 1n com plex transactrons or wtth e)(tenstve nders or
addtt.ons. Thts form 1s avatlab le for use by tile enttre re<JI estate Industry and IS not Intended to 1dent1fy the u ser as a REALTOR
REAL TOR" IS a regtstered collective membersh.p mark th<tt may be used only by real estate I censees who ar~'> members
of the National Association of REAL TORS and who subscnbe to tiS Coce ot Eth1CS. The copyr~ht lav.s of the Untted States 11 ? U S.
Code) forbtd the unautho11zed reprodud,on of blank forms by any means 1ncludlf'g facstnH!e 01 computenzed fo1ms
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Date: 12/5/2016
PO Box 2~17
Fell.' 1 ;\1) l PC.,, II. w;oz
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NOTICE OF DISPOSITION OF REAL PROPERTY
IN THE DR. MARTIN LUTHER KING, JR. BOULEVARD
COMMUNITY REDEVELOPMENT AREA
Notice is hereby given that the City Council of the City of Fort Myers will hold a PUBLIC HEARING in the
Council Chambers at Oscar M. Corbin Jr. City Hall , 2200 Second Street, Fort Myers, Florida, on Monday,
Monday, May 15, 2017, on or about 5:15 o'clock p.m., or as soon thereafter as can be heard, to consider the
disposition of City owned property at 2831 Dr. Martin Luther King Jr. Boulevard, located in the Dr. Martin
Luther King, Jr. Boulevard Community Redevelopment Area to Samuel L. Lurie TR for Samuel L. Lurie Trust.
The property is legally described as follows:
The east 50 feet of Lots 12 and 14, BLOUNTS ADDITION, as recorded in Plat Book 1, Page 56,
Public Record of Lee County, Florida
The parcel, zoned Commercial Intensive (CI), contains 4,750 square feet, more or less, and has a n assessed
value of $13,363. The parcel is proposed to be combined with the adjacent parcel located at 282 1 Dr. Martin
Luther King Jr. Boulevard.
Interested parties may appear at the meeting and be heard in respect to the proposed disposition. If a person
decides to appeal any decision made by City Council with respect to any matter considered at such meeting or
hea ring, 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.
LEGAL ADVERTISING
PROOF: WEDNE SDAY, APRIL 5 , 2 0 17
RUN: FRIDAY, APRIL 7 , 2017
cc via email:
Purchasing Department
Cary Mock, Sharon Rozier; Housing and Real Estate
Maria Joyner, Finance Director
Grant Alley, City Attorney
Notice is hereby given that the City Council of the City of Fort Myers will hold a PUBLIC HEARING in the
Council Chambers at Oscar M. Corbin Jr. City Hall, 2200 Second Street, Fort Myers, Florida, on Monday, May
15, 2017, on or about 5:15 o'clock p.m., or as soon thereafter as can be h eard, to consider the disposition of
2831 Dr. Martin Luther King Jr. Boulevard to Samuel L. Lurie TR for Samuel L Lurie Trust. The property is
legally described as follows:
The east 50 feet of Lots 12 and 14, BLOUNTS ADDITION, as recorded in Plat Book 1, Page 56,
Public Record of Lee County, Florida
Interested parties may appear at the meeting and be h eard in respect to the proposed disposition. 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.
cc via email:
Purchasing Department
Cary Mock, Sharon Rozier; Housing and Real Estate
Maria Joyner, Finance Director
Grant Alley, City Attorney
FUNDING SOURCE: N /A
FISCAL IMPACT: NI A
WHAT ACTION ACCOMPLISHES: Advertises a transmittal public hearing for Text Amendment
and Map Amendment 2017-TMA-02 amen ding the Future Land Use Element, Transportation
Element, Concur rency Management System Element, a n d Future Land Use Map of the
Compreh ensive Plan.
The Comprehensive Plan amendmen ts include amendments of goals, policies, standards and
actions in the Comprehensive Plan Futu re Land Use Element, Transportation Element, and
Con currency Management System Element regarding th e Downtown and Midtown South
Futu re Land Use categories related to density I intensity and surplus capacity program, and
establishing the Downtown Mobility Area, and amendment of the Future Land Use Map for the
Midtown South Area and are to achieve the following:
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony. Henderson
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Background Information - Continued
Motion: Permission to advertise for a transmittal public hearing for Text Amendment
and Map Amendment 20 17-TMA-02 amending the Future Land Use Element,
Transportation Element, Concurrency Management System Element and Future Land
Use Map of the Comprehensive Plan, to Florida Department of Economic Opportunity
for review and comments.
The proposed amendments to the Comprehensive Plan and Future Land Use Map are as
follows:
The "Midtown South" Future Land Use Map designation is created and defined as
intensive mixed use development, maximum 70 dwelling units/ acre (du j ac) , with
additional density allowed through the surplus capacity pr ogram.
Remove specific residential/ commercial ratios for the Downtown Future Land Use
category and refer to Land Development Code for mix of use provisions.
Replace bonus density criteria with these performance standards required for all
new development: hurricane evacuation , multi-modal transportation strategies,
mix of uses, exceptional arch itectural design, pedestrian friendly connections
between public and private property, and Riverwalk easement.
Page 2
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Backgrou nd Information - Con tinued
Motion: Permission to advertise for a transmittal public hearing for Text Amen dment
and Map Amendment 2017-TMA-02 amending the Future Land Use Element,
Transportation Element, Concurrency Management System Element and Future Land
Use Map of the Comprehensive Plan, to Florida Department of Economic Opportunity
for review and comments .
Identify that a community benefit requirement will b e implem ented throu gh the
Land Development Code.
Policy 1. 10
Identify Transfer of Development Rights to be evaluated for use as an additional
tool to incentivize development and redevelopment in Downtown and Midtown
South.
The Downtown and Midtown Fort Myers Utility Capacity Analysis (January 20 17) and
summary by La Rue Planning is provided to support the proposed text amendments.
TRANSPORTATION ELEMENT
Objective 1
Policies for trolleys, bicycle facilities, pedestrian facilities and waterways are
referenced for inclusion in Objective 11.
Support for t h e Lee County MPO in its analyses about the feasibility of adding
multi-modal public transportation options to the existing and possibly expanded
freight service within the Seminole Gulf railroad corridor.
Obj ective 2
References Map H which delinea tes the Downtown and Midtown South area as the
Downtown Mobility Area. Projects within the Downtown Mobility Area may
address transportation service levels as outlined in Objective 1
The Downtown Mobility Area is exempted from required access point and
connection, separation is exempted from concurrency requirements that prohibit
or re strict development for new development and redevelopment, and allows n ew
developments to mitigate traffic impacts using mobility strategies.
Objective 4
Creates reference to updating the 2006 parking study for the Downtown and
Central Redevelopment Areas.
Objective 10
Provides the City will work with the Lee County MPO in developing policies to
support restoring two-way travel on East First Street j SR-80 and Second Street in
place of the existing east-west one-way pair. Proposed reference to restoring
Page 3
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Background Information - Continued
Motion: Permission to advertise for a transmittal public hearing for Text Amendment
and Map Amendment 2017-TMA-02 amending the Future Land Use Element,
Transportation Element, Concurrency Management System Element and Future Land
Use Map of the Comprehensive Plan, to Florida Department of Economic Opportunity
for review and comments.
two-way travel on the North/ South corridors of Fowler Street and Evans
Street/ Pa rk Avenue was recommended to be removed by Planning Board on
March 1, 2017.
Objective 1 1
Incorporates recommendations from the 2013 Downtown Fort Myers Mobility Plan
which emph asizes multi-modal t ra n sportation alternatives.
A technical memo by Johnson Engineering, Inc. is provided to support the proposed
text amendments.
CONCURRENCY MANAGEMENT SYSTEM ELEMENT
Standard 2.2.8.7
Development or redevelopment in the Downtown Mobility Area is exempt from
concurrency requirements that would otherwise prohibit or restrict development
based on in adequate levels of service on roadways. The exemption ensures
developmen t or redevelopment that otherwise carries out City goals and policies
can proceed.
FUTURE LAND USE MAP
Establishes Midtown South (M/ S) Future Land Use category for the area of
Victoria Avenue to Edison Avenue between Cleveland Avenue and Fowler Street,
within the Central Redevelopment Area. The map amendment re-designates
approximately 75.8 acres of property from Corridor Commercial (C/ C) and
Traditional Community (T / C) to the new Midtown South designation.
The designation of the area to Midtown South allows higher density and intensity
in th e area. The potential development yield based on the applicable C/ C and
T I C standar d and bonus densities for this area is as follows :
Standard Bonus
density Number of density Number of
(units/ac) ED Us (units/ ac) EDUs
Baseline Calculation
25 60
(C/C) - 20.2 acres 1,895 3,158
25 35
(T/C) - 55.6 acres
Page 4
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Background Information - Con tinued
Motion: Permission to advertise for a transmittal public hearing for Text Amendment
and Map Amendment 2017-TMA-02 amending the Future Land Use Element,
Transportation Ele m ent, Concurrency Management System Element and Future Land
Use Map of th e Com prehensive Plan, to Florida Department of Economic Opportunity
for review and commen ts.
private prop erty per the Midtown South maximum density and 15 u nits per acre
for publicly owned property, plus the available surplus capacity in the system of
326 equivalent dwelling units . These maximum yields assume all properties
develop to full development potential, wh ich has not been the case for
developmen t in Fort Myers to date.
Public Workshops:
Th e amendments, in concept, were presen ted at two community outreach m eetings held
on January 9, 20 17, at the Downtown Library and Jan uary 18, 20 17, at Fire Station 1.
Notification of th e outreach m eetings was provided by mail to p roperty owner s of the
Down town and Centra l Redevelopment Areas.
The Historic Preservation Commission, on February 23, 20 17, held a public hearing
regarding the Comprehensive Plan amendments. A p resentation on the amen dments was
given, public comments were heard, and board discussion took place. Th e Board passed
a motion (4- 1) advising the Local Planning Agency that it is generally favorable to the
amendments with reservation about heigh t in vicinity of Dean Park and the Downtown
historic core and generally recommended proceeding.
The Planning Board, acting as the Local Planning Agency, and consistent with the public
hearing requirements of Florida Statute 163.3184 (1 1) con sidered t h e amendments to the
Comprehensive Plan and Future Land Use Map. The Planning Board, on February 1,
20 17, acting as the Local Planning Agency, held a public hearing regarding the
Comprehensive Plan and Future Land Use Map amendments. A presentation on the
amendments was given, public comm en ts were heard, and board discussion took place.
The Board unanimously voted to continue the item to March 1, 2017, and requested a
separate workshop.
The Planning Board, acting as the Local Planning Agency, on March 1, 2017, held a
public hearing regarding the Comprehensive Plan and Future Land Use Map
amendments. A presentation on the amendments was given, public comments were
Page 5
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Backgr ound Information- Continued
Motion: Permission to advertise for a transmittal public hearing for Text Amendment
and Map Amendm ent 2017-TMA-02 amending the Future Land Use Element,
Transportation Element, Concurrency Management System Element and Future Land
Use Map of the Comprehensive Plan, to Florida Department of Economic Opportunity
for review and comments.
heard, and board discussion took place. The Board passed a motion (6- 1, with
1 abstention) advising City Council to adopt the Comprehensive Plan Amendments with
recommended changes as follows :
The revisions recommended by Planning Board are incorporated in the documents for
Transmittal.
The Board passed a motion (7 -0 , with 1 abstention) recommending City Council adopt the
proposed amendmen ts to the Future Land Use Map.
Next Steps:
Page 6
Downtown and Midtown
Density Study
Text Amendments to
Comprehensive Plan Future Land
Use Element, Transportation Element
and Concurrency Management
System Element & Supporting
Documents
FUTURE
LAND USE
Summary- Ne.,.; &BEl Current and Prior Future Land Uses
Category NewCurrent name and Symbol CunentPrior name and allowable uses before
allowable uses as of Ord. Ord. 3562 adol!ted Au2. 21 2010
3562 adootion Au2:. 2 2010
1. Residential Low Densi~: RLD AAA low density single family, 1.36 du/acre
low-density single family, AA low density single family, 5.45 du/acre
1-8 du/acre* A low density single family, 6.22 du/acre
A-1 medium density single family, 7.26 du/acre
A-1D medium density single family/duplex,
7.26 du/acre
Heritage Lakes single family district, low
density- max 185 units
2. Residential Medium Densitv: RMD A-2 medium density multi-family, 12 du/acre
medium and high-density A-3 high density multi-family, 16 du/acre
multi-family, 5-16 du/acre*,
max. 20 du/acre
3. Sl!ecial Develol!ment: large SIC Eastwood Village Mixed Use: allows 2,600 du,
scale development (i.e. DRI) 200,000 SF retail, 75,000 SF office, and 150
with an average density of hotel rooms
3 dulacre Mixed Use-Residential: allows mixed-use
development, max. 3 dulacre
Master Development Plan: allows mixed use
development, max. 3 du/acre
4. Traditional Communi!):: TIC PO: office and limited commercial uses, 16
mixed use development, 8-25 dulacre
dulacre*, max. 35 du/acre B-1: general commercial uses, 25 du/acre
B-2: intensive commercial uses, 25 du/acre
MU: approved through PUD process
5. Corridor Commercial: CIC PO: office and limited commercial uses, 16
mixed use development, dulacre
8-25 dulacre*, max 60 dulac B-1: general commercial uses, 25 du/acre
B-2: intensive commercial uses, 25 dulacre
MU: approved through PUD process
6. Downtown: intensive mixed DIT Urban Core: intensive mixed use, 50-100
use development,~ du/acre
Elu/aeFe*, max H-+S70 Urban Center: medium mixed use, 30-60
dulacre1 with additional du/acre
densi!): allowed throu2h the Urban General: limited mixed use, 6-12
surl!lus cal!aci!): l!r02ram* dulacre
Civic: publicly owned lands for public use
Civic Recreation: downtown parks
District: downtown industrial areas
Parking Structure Overlay: replaced with
Convention Center Hotel Overlay
7. Airl!ort: Mixed commercial AlP A-3 High density multi-family
and industrial uses 1-1 Light industrial uses
* Density ranges reflect the maximums permitted by the underlying zoning districts.
OBJECTIVE 1
Protect distinct functional areas from intrusion and encroachment of incompatible uses.
Policy 1.1) Protect, preserve, and enhance existing viable single-family areas.
Action 1.1. 1) The City shall designate existing single-family areas on the Future Land Use Map (Map A) for
single-family development.
Standard 1.1 .1.1) Existing single-family areas are identified by considering the following criteria:
Standard 1.1.1.2) To promote walkable communities, limited neighborhood commercial uses may be
allowed in single-family districts in accordance with the Land Development RegHlatieAsCode.
Standard 1.1 .1.3) To protect single-family residential uses, all existing single-family homes and platted
single-family lots shall be grandfathered in all Future Land Use districts, excluding Airport and
Industrial districts, and considered legal nonconforming uses.
Policy 1.2) Designate areas on the Future Land Use Map Residential Low Density (RLD) contain areas predominated
by low-density, single-family residential and limited neighborhood commercial uses. The necessary infrastructure is in
place, though upgrading of older systems may be necessary. A maximum of eight dwelling units per acre (8 dulacre)
shall be allowed, bonus densities are not available in this land use designation. To preserve and enhance cohesive and
walkable neighborhoods, neighborhood scale commercial may be permitted through the conditional use process outlined
in the City's Land Development CodeRegHlatieAs. Intensities for all properties within this land use district shall not
exceed a floor area ratio of one-half {0.5 FAR). These areas shall also allow, as a conditional use, uses that complement
a single-family neighborhood.
Action 1.2.1) To help preserve the rural character of the Buckingham Rural Community, the area known as the
Heritage Lakes Single Family District (HLSFD) depicted on Map A- 1, shall be very low density single-fami ly
having a maximum density of one dwelling unit per acre {1 dulacre) with a total of 185 dwelling units and
related accessory uses. Commercial uses are prohibited. No amendment to the Land Development Code
reducing buffer requirements for this area shall be permitted.
Action 1.2.2) The City shall periodically revise its Land Development CodeRegHiatieAs to incorporate updated
provisions for single-family, single-family/duplex development, and neighborhood commercial. Intensities for
all properties within this land use district shall not exceed a floor area ratio of one-half (0.5 FAR).
Standard 1.2.2.1) Differing lot size, setback, coverage, height, and other restrictions shall be tailored to
the various areas to preserve and enhance existing neighborhood form. Separate standards should be
considered for historic districts.
Standard 1.2.2.3) Zero lot line, patio homes, pedestrian access-only dwelling units (such as live-work
units, village homes, townhomes and/or cottage homes), and other innovative, yet still single-family
housing forms, shall be encouraged in exclusive single-family areas in accordance with the Land
Development CodeReg~latioAs.
Standard 1.2.2.4) Neighborhood scale commercial shall be considered to facilitate limited mixed-use
developments and promote sustainable, walkable neighborhoods.
Policy 1.3) Designate areas on the Future Land Use Map for Residential Medium Density (RMD) that contain areas
characterized by medium- and high-density multifamily developments with neighborhood scaled commercial uses.
Intensities for all properties within this land use district shall not exceed a floo r area ratio of one-half (0.5 FAR). The
maximum standard density established in the Land Development CodeReg~latioRs, not to exceed sixteen dwelling units
per acre (16 du/acre), with a maximum bonus density of twenty dwelling units per acre (20 du/acre) may be permitted
through a process outlined in the City's Land Development CodeReg~latioRs. Criteria for bonus densities include, but
are not limited to, incorporating Leadership in Energy Efficient Design (LEED) standards, pedestrian connectivity,
exceptional architectural design, and other considerations.
Action 1.3.1) Residential Medium Density areas should be in close proximity to arterials or collectors, but do
not necessarily need direct access, as well as transit, sidewalk and bicycle facilities to promote multi-modal
development opportunities.
Action 1.3.2) Preferred locations for Residential Medium Density areas are within walking distance(Yl-1 mile)
of parks, community facilities, and retail.
Action 1.3.3) Neighborhood office and commercial uses may be pennitted within RMD, provided they are
compatible with the surrounding properties.
Action 1.3.4) Zero lot line, patio homes, pedestrian access-only dwelling units (such as live-work units, village
homes, townhomes and/or cottage homes), and other innovative, yet still single-family housing forms, shall be
considered in exclusive single-family areas in accordance with the Land Development Reg~latioRsC ode.
Policy 1.4) Identify appropriate areas suitable for large scale multi-use master planned developments and designate areas
on the Future Land Use Map for Special Community (S/C). These areas are located predominantly southeast of the Six
Mile Cypress Slough and east oflnterstate 75, suitable for large scale developments that contain previously approved and
predominantly built-out, either as a Development of Regional Impact or other local development public hearing approval
process. Each are unique and have individualized development requirements s uch as, Master Development Plan,
Eastwood Village Mixed Use, or Special Development Area districts. All intensities, densities, and uses of development
shall be as delineated in a corresponding ordinance or resolution, as applicable. The maximum density within this district
shall not exceed seven dwelling units per acre (7 du/acre) and intensities shall not exceed a floor area ratio of
one (I FAR). Densities and intensities may be further restricted by the Land Development Reg~latioRsCode.
Action 1.4.1) Special Community District areas are designated on the Future Land Use Map after careful
consideration of the desired future land use allocation, distribution policies, most current data and analysis of
developed and vacant land by Future Land Use category and additional criteria as follows :
Standard 1.4 .1. 1) A minimum land area of200 acres will received consideration for SCD designation.
This amount of land area and its eventual development lends itself to and will benefit from master
planning in regards to design, distribution, and provision of infrastructure such as roads, surface water
Standard 1.4.1.3) Master plan developments shall be developed in accordance with all other policies of
the Comprehensive Plan.
Action 1.4.2) Dwelling units can be transferred from Conservation Lands (CON) areas within the Special
Community Areas at a density up to 3.0 dwelling units per acre to contiguous upland areas under common
ownership, in accordance with the individual development approvals. An evaluation shall be made through the
development approval process of the capacity of the uplands to accommodate the number of units to be
transferred from the wetlands. Issues to be considered in establishing the number of dwelling units to be
transferred from the wetlands to the uplands include, but are not limited to the suitability of uplands for
additional dwelling units, the potential for adverse impacts on adjacent lands, considering compatibility,
drainage, and natural resources. If the applicant utilizes the transfer of gross residential density from
Conservation Lands to Special Community District, then no dwelling units shall be permitted on the
Conservation Lands.
Policy 1.5) Traditional Community (T/C) contains areas located in close proximity to residential and existing
commercial areas or corridors accommodating employment centers, where commercial services are necessary to meet the
projected needs of the City. These areas are specifically designated for a mix of residential and commercial uses and the
requisite infrastructure needed for commercial development is generally planned or in place. A maximum standard
density established in the Land Development Reg~:~latieRsCode, not to exceed 25 dwelling units per acre (25 dulac), with
a maximum bonus density of thirty-five dwelling units per acre (35 dulac) may be permitted through a process outlined in
the City's Land Development Reg~:~latieRsCode. Criteria for bonus densities include, but are not limited to, incorporating
Leadership in Energy Efficient Design (LEED) standards, pedestrian connectivity, exceptional architectural design, and
other considerations. A Floor Area Ratio no higher then two (2 FAR) shall be used as an index of intensity for
non-residential development in this land use category.
Action 1.5.1) Single-family residential uses or single-family platted lots existing as of October 26, 2010, shall
be grandfathered and considered legal non-conforming uses. New single-family residential uses, other than
bona fide caretaker residences, shall be pennitted through the Planned Unit Development process as detailed in
Policy 1.14.
Action 1.5.2) Commercial retail developments, hotels and motels, banks, all types of office development,
research and development, public, and other si milar development will predominate in the Traditional
Community land use designation. Limited light industrial uses may be permitted. Any redesignation ofland to
Traditional Community land use category should occur near major travel corridors and at road intersections.
Action 1.5 .3) All new developments in this category must connect to the City' s potable water and sanitary sewer
systems.
Action 1.6.1) The Land Development RegHlatiaRs Code shall provide design standards to facilitate Transit
Oriented Development (TOD) designs. Once incorporated into the Land Development RegHlatiaRsCode, this
shall be a requirement for future developments located within TOD areas, to achieve bonus densities.
Action 1.6.2) All new developments in this category must connect to a potable water and sanitary sewer system.
Policy 1.7): Areas on the Future Land Use Map designated as Downtown District (D/T) in accordance with Map E will
be redeveloped as the pre-eminent regional mixed use development center. Properties located within the Downtown
Historic District shall be developed or redeveloped in accordance with this policy and the Historic Preservation Element
of the Comprehensive Plan. The maximum density allowed within the Downtown District is 70-units/acre7 and the
maximum intensity for all uses allowed in the Downtown District is 18 FAR. The maximum densities and intensities for
each zoning district may be further restricted by the Land Development Code. For zoning districts within the Downtown
District, the allowable density will range from a maximum of 12 dwelling units per acre up to a maximum of70 dwelling
units per acre; and the allowable intensity will range from a maximum of 1.5 FAR to a maximum of 18 FAR. Additional
density and intensity (including height and FAR) may be allowed through a sumlus capacity program. as described in
Policy 1.9 and which will be implemented through standards and procedures in the Land Development Code. InteRsity fer
all praperties ElesigRalee Dav.'fltav.'fl Distriel sRaHIEI be limitee ta a fleer area ratia (F,6..R) afRa mare IRaR eigRteeR (1 8)
FAR. TRe maKirRHill EleRsities aREI iRteRsities ma)' be furtRer restrietee by tRe baRe De\elapmeRt RegHlatiaRs.
Action I.7.I) The Downtown Fort Myers Plan adopted by the City council on April 7, 2003, as amended from
time to time, is included in the Comprehensive Plan as set forth in full herein, as the general strategy for
redeveloping the downtown according to New Urbanist Principles and shall be implemented through land
development regHlatiaRS codes in the areas within the Downtown boundary shown on Map E.
Action 1.7.2) Designate on the City' s Zoning Map and provide land development regHlaliaRs codes for uses
appropriate for the redevelopment and revitalization of Downtown Fort Myers as outlined in the Downtown Fort
Myers Plan and the standards below, with institutional uses such as nonprofit organizations, schools, and
churches and related uses allowed in all land use categories except Civic.
Standard I. 7.2.1) The Urban Core (U-CORE) areas within the Downtown Redevelopment Area shall
be located along the waterfront and in the Midtown area south of Martin Luther King, Jr. Boulevard
witRiR IRe DawFitawR Reee,elapmeRt A:rea. The Urban Core area shall be thoroughly mixed-use or
within walking distance of a mixed use Urban Center (standard 1.7.2.2). The Urban Core designation
shall allow street level retail with commercial and residential uses allowed on stories two and above.
Far IRe aggregate ElevelepmeRt iR the UrbaR Care, IRe pereeRtage afmiKeEI HSe ElesigRatiaFI SRall ae as
fellews: 80 90% resiEieRtial aHEil 0 20% an:iee,learR:FRereial. TRe staREiare EleRsity pefFFioittee .,,.ritRiR IRe
Standard 1.7.2.2) The Urban Center (U-CTR) areas shall be applied to establish and protect the
pedestrian-friendly fabric of the historic downtown core and each surrounding neighborhood. f&r
aggregate ee1eloJ3meRt iR the UrbaR CeRter, the J3ereeRtage of miKes 1:1se eesigRatioR shall be as
fellov.-s: 30 40% resieeRtial aRe eO 70% offiee,leommereial. The staREiare EleRsity permittee withiR the
UrbaR CeRter is 25 l:lflitslaere. A maxim1:1m boRI:IS EleRsity, fer a total of 40 I:IRitslaere, may be
J3ermittee tkro11gh AetioR 1.7.7. IRteRsity fer all J3roperties withiR UrbaR CeRter is limitee to a floor
area ratio (f.AR) afRo more thaR five (5) fAR Minimum requirements for the ratio of commercial and
residential uses shall be provided according to demand based standards in the Land Development
Code.
Standard 1. 7.2.3) The Urban General (U-GEN) areas shall be primarily residential and more urban in
character. These areas shall encourage compatible in fill in the eastern and western portions of the
downtown and encourage live/work units and limited mi xed-use. for aRy J3rOJ3osee eeveloflmeRt iR
the UrbaR GeReral, the J3ereeRtage ofFR:iJleEI 1:1se eesigRatioR shall be as follows: 80 90% resieeRtial
aRe 10 20% offiee/eommereial. The staReare eeRsity fleFFRittee .vithiR the UrbaR GeReral is
{j I!Ritslaere. A macximl:lm bORI:IS eeRsity, fer a total of 12 I:IRits/aere, may be fleFFRittee thFOI:IgR AerieR
1.7.7. lRteRsity fer all J3rOJ3erties eesigRatee UrbaR GeReral is limitee to a floor area ratio (FAR) afRo
more thaR ORe aRe ORe half(l.5) fAR.Minimum requirements for the ratio of commercial and
residential uses shall be provided according to demand based standards in the Land Development
Code.
Standard 1.7.2.4) The Civic areas shall be government owned and wholly publicly used properties
intended to remain in public use and ownership. All properties designated as Civic shall be required
to be developed through the Planned Unit Development process pursuant to the Land Development
Reg~:~latioRsCode.
Standard 1. 7 .2.5) Civic Recreation shall be parks, open space, active and passive recreational
facilities or activities operated directly or indirectly by the government.
Standard 1.7.2.6) Areas located within the Downtown Redevelopment Area currently zoned
single-family shall remain designated as such.
Standard 1.7.2.7) The Intensive Commercial (CI) shall allow those uses permitted in general
commercial areas and the additional uses as follows: service station; automobile/truck sales; servicing
and repair; public garages; dry cleaners; printing plants; bakeries; terminals and depots; commercial
amusements; repair shops; construction companies; mini-warehouses; and other similar uses.
Standard I. 7 .2.8) Areas zoned Industrial Light (IL) within the Downtown District designation contain
provisions for assembly, packaging, processing, research and development, communications, and
wholesaling uses, as well as supportive business usage. Residential uses shall only be allowed as a
Conditional Use. Planned Unit Developments may contain industrial, commercial, residential, and
mixed uses.
Action 1.7.3) The Land Development Reg~:~latioRs Code shall contain regulations for District and Convention
Hotel overlay areas that shall only apply to properties located within the Downtown District.
Standard 1.7.3.2) The Convention Hotel (CH) areas contain hotels with meeting facilities, retail and
other uses consistent with the Downtown Redevelopment Plan. This overlay is permitted only within
the Urban Center futHre laAEI Hse ElesigRatieR ferzoned properties adjacent to the Convention Center.
The maximum permitted height is 12 stories with a 12 FAR, and does not require a Planned Unit
Development for the additional four (4) stories. Development(s) within this overlay are subject to
review by the Historic Preservation Commission ifs located within a historic district.
Action 1.7.4)
For the Downtown Redevelopment Area shown on Map E (and the entire Coastal High Hazard Area as shown
on Map E-2), the City will continue focusing on hurricane preparedness as a major issue and the impact its
Comprehensive Plan has on maintaining or reducing clearance times and providing adequate shelter space. The
City will initiate appropriate strategies to improve hurricane preparedness. Potential strategies include working
with the Lee County Emergency Management Office, Lee County, the MPO and FDOT to increase the capacity
of evacuation routes through structural and non-structural improvements in order to maintain evacuation
clearance times, and sufficient shelter space to meet the projected need.
Action 1.7.6) The properties shown on Map C-2, which were designated Light Industrial (I-1) as of
April 30, 2003, shall have legal non-conforming status through the Land Development RegHiatieRs Code that
allows existing. light industrial uses to continue, except as noted herein. All Light Industrial principal and
accessory uses shall be permitted on the properties shown on Map C-2, except as follows: outdoor storage,
contractor storage outdoor (indoor allowed), crematorium, detention center, jail, prison, labor pool, blood
plasma donation or Plasmapheresis centers, social service facility, pawnshop, and trade school for heavy
equipment/truck operators. Automotive uses and services shall be permitted but must be wholly contained
within a building with limited outdoor storage permitted with appropriate screening.
Action 1.7.7) AflflF9\'BI ef tile eeRHS EleRsity alleeatieR, iAereaseEI fAR's, aREIIer iRereaseEI lleigllt iR tile
Devi'HtewR ReEie\elepR'leRt Area shall be awarEieEI tllreHgll iR'lpleR'leRtatieR ef tile LaREI De\'elepR'leRt
Reg~:~latieRS fer All new developments shall provide amenities according to the pertinent standards provided in
the Land Development Code including but not limited to the following areas:
a) Hurricane evacuation;
~b~)--~~\*ff~o~rd~a~b~l~e~h*o~u~s*in*g~;
EC+)-----rPeO!RFO:r+fH:FO:HA~SiHif'-lp~FotO~V'+!iS~i031A~;
---!::b:.~-l____...:.M~u.!.!.lf!_t
-m~o::.::d~a~l'-!t.!.:ra~n~s:!J:p.:.:o~r..!.:ta~t!!:io:.::!.!n..:!.s.!!tr~a!..!.:te~a:::s!):
ie..=s...:.in!...!.c~lu~d:!.!Jin!...!.q:::s...tp::.::a~r~a!_-t.!.!.ra~n~si.!..t.~=P:!..:ro~v~i~si~o:.w.n;
ed't-)-----i'P~U~J::b~liC-EO*P*93fA~SSf:P:XO~C~e37;
e~) Mixed-use residential/commercial/retail;
f.}Ql Exceptional architectural design;
~g~)--~P~u~b~l*ic~/~p~rivaa~te~p~a~rk~in~g~;
A..) Pedestrian friendly connections between public and private property;
and,
i-)-ufl____.!S.R~iv:.setl.:rwrt.s.a!.!Jiks.J2e:s,;a[iSelli.!m.l!eZ!nlJtl:..''.'PIA/ctaHteet-r~e>RAIRh~alf'AK=Cote*d:H:lO>f-F\\~'O:iifftelf'F'tdH:e~p~e~n~da-e!:*+A+-f~U54Se~s.
Action 1.7.8) Any properties located within the Downtown Redevelopment Plan Area and considered non-
conforming uses may be considered for development improvements through the Planned Unit Development
process.
Action 1.8.1) Single-family residential uses or single-family platted lots existing as of October 26. 2010, shall
be grand fathered and considered legal non-conforming uses.
Action 1.8.2) All new developments in this category must connect to the City's potable water and sanitary sewer
systems.
Action I .8.3) All zoning categories listed in the Standards under Action 1. 7.2 above are appropriate for the
Midtown South District. The City's Zoning Map shall designate the location of these zoning categories.
Policy 1.9) A surplus capacity program shall allow additional density and intensity (including height and FAR) for new
developments and redevelopment in the Downtown District and Midtown South District. The number of surplus
equivalent dwelling units available shall be based on surplus utility capacitv. which is depicted geographically on Map F.
Standards and procedure for allocation of surplus capacity units shall be specified in the Land Development Code.
however the allowable additional density and intensity (including height and FAR) shall not exceed the available surplus
equivalent dwelling units as quantified based on utility system capacity on Map F; and height s hall not exceed limits
established in the Land Development Code. Any development or redevelopment project that is allocated surplus density
and intensity (including height and FAR) is subject to a community benefit requirement, the standards and procedures for
which shall be outlined in the Land Development Code, for addressing public purposes including but not limited to:
affordable/workforce housing. public open space, public parking, or water enhanced or water dependent uses. The cost
of new infrastructure improvements necessary for the construction of any development will be paid by the developer. The
City Manager or designee shall keep an account of all surplus equivalent dwelling units built and surplus equivalent
dwelling units granted to approved but unbuilt developments.
Policy 1.10) In order to incentivize and facilitate private development. the City shall evaluate establishing a transfer of
development rights program for transferring equivalent dwelling units identified through infrastructure capacity analysis
within the Downtown District and Midtown South District. The program may be implemented through standards and
procedures in the Land Development Code, which may limit sending sites to publicly owned properties. Because
transferrable rights are derived from determined infrastructure capacity, transfers of development rights may only occur
between properties located within the same Utility System Phase Area, as delineated on Map F.
Policy 1.118) Designate areas on the Future Land Use Map as Industrial (IND) that are areas integral to strengthening
the City's economic base and future growth. These are the areas to which the City looks for expanded job o pportunities,
investments and production opportunities, and a balanced and sufficient tax base. These areas have special location
requirements, including transportation needs (e.g., air, rail, interstate access, and immediate access to arterial roadways);
industrial levels of water, sewer, fire protection; and are centrally located to reduce employee commuting distances. The
Industrial areas contain research and development, laboratories, industrial activities, commercial and office uses;
selective land use mixtures of industrial, manufacturing, research, and development, laboratories and office uses
s upporting the preceding uses; and properly buffered recreational uses. Expansion to heavy industrial uses in light
industrial zones wi ll require site plan and use approval through the Planned Unit Development process. Special
consideration wi ll be g iven to projects incorporating Leadership in Energy Efficient Design (LEED) standards.
Residential uses are not permitted. New development or substantial expansion of exiting industrial adjacent to
Action !.US.!) Designate well located areas on the Future Land Use Map and provi de regulations within the
Land Development CodeReg~:~ l atieRs for future industrial use.
Standard l.ll8.1.1) Industrial areas shall be designated after consideration of_the following criteria:
Action l.ll8.2) Designate as much existing industrial area for continued use as possible without jeopardizing
good land use patterns.
Standard l.ll8.2.1) Existing industrial areas are designated as contiguous areas of industrial use at
least eight (8) acres in size, with no more than halfofthe area being vacant.
Standard l.ll8.2.2) Existing industrial areas which do not meet the criteria contained in
Standard 1.8.2.1 may still be designated for continued industrial use considering the following:
Standard l.US.2.3) The Land Development Reg~:~latieRs Code shall maintain standards that ensure
compatibility of industrial land uses with other land uses and to mitigate any adverse impacts to the
adjacent property owners such as impacts caused by noise, glare, or fumes. Site specific development
details will be reviewed during the Site Development Plan review process.
Policy 1.129) Designate on the Future Land Use Map an Airport (AlP) district to accommodate future growth at Page
Field General Aviation Airport (Page Field). The Airport district shall consist of those portions of Page Field lying
within the City of Fort Myers, as well as jurisdictional areas to the north ofthe Page Field property. The purpose of the
Airport district shall be to promote a mix of commercial, office and industrial uses on and adjacent to Page Field, in
accordance with Table 1-1 , with development intensities limited to a floor area ration of one (1 FAR).
The Airport district shall allow aviation and non-aviation uses at Page Field, as identified in the Page Field Airport
Master Plan and Airport Layout Plan. The Page Field Airport Master Plan, Airport Layout Plan, and Cleveland Avenue
Corridor Plan, as amended, are hereby adopted into the City ofFort Myers Comprehensive Plan. Therefore, and pursuant
to Sec. 163.3!77(6)(k), Florida Statutes, the City of Fort Myers shall consider Page Field as exempt from the statutory
requirements for Developments of Regional Impact, Section 380.06, Florida Statutes.
Land uses and design standards for properties within the Airport district shall be compatible with the airport operations at
Page Field and in compliance with Section 333.03(3), F.S., to restrict incompatible uses, activities, or construction in
Policy 1.1~0) Recreation (REC) areas shall be set aside to reserve land areas for parks, open space, active and passive
recreation purposes.
Policy 1.1~!) Conservation Lands (CON) are areas containing regionally significant wetlands and/or uplands that are,
or will be, owned and used for long-term conservation purposes. Conservation lands shall be shown as a separate
category on the Future Land Use Map (FLUM) because they are regionally significant wetlands and uplands. These are
areas where the South Florida Water Management District or the Army Corp of Engineers or the City, have required the
conservation oflands, both uplands and wetlands, through easements, dedications or restrictions. Permitted land uses in
conservation lands consist of very low-density residential uses, at a maximum density of one unit for twenty acres and
passive recreational uses, requiring minimal clearing such as boardwalks, hiking, canoeing, and the like. If there are
adjacent upland areas that are under common ownership, the permitted density ofthe conservation lands shall be the same
as the upland area, but the dwelling units shall be developed on the adjacent uplands and subject to Standard 1.11 .1.3 .
All regionally significant wetlands under public ownership are not permitted any residential densities. If density from
wetland areas is going to be located on contiguous uplands, the property under common ownership shall be rezoned to a
planned unit development. Utilities, public roads, and transit corridors can be located in conservation areas, but the
installation shall be consistent with the Conservation and Coastal Management Element of this Comprehensive Plan.
Standard 1.1!1-.1.1) Regionally significant wetlands are those wetlands which have been identified as
wetlands in accordance with F.S. 373.019(1 7) and F.S. 37 1.019{22) through the use of the unified
state delineation methodology described in FAC Chapter 17-340, as ratified and amended by F.S.
373.42 11, which are part of a regional functional system which due to the location, size, quality,
hydrological value, and environmental value have a significance. Regionally significant lands are areas
where the South Florida Water Management requires the conservation of the wetlands or uplands
through easements, dedications, or restrictions. Regionally significant wetlands are those wetlands
identified on the FLUM as conservation lands.
Standard 1 . 1~+. 1 .2) Drawn boundaries will be based on those submitted on the regulating agency's
permit application and will be adjusted to match the final issued permit.
Standard 1.1!1-.1.3) Residential density transfer from CON lands to any other Future Land Use
classification (east oflnterstate 75) for adjacent uplands shall not exceed 1.33 times (1.33 *X) the
maximum allowable gross density of the adjacent uplands. (e.g. If the gross residential density on the
adjacent uplands is three (3) dwelling units per acre then the maximum upland (net) density of the
overall site shall be 3.99 dwelling units per acre. Net upland shall include land not designated by the
Water Management District, Army Corp of Engineers, or the City as Conservation Lands through
easements, dedications or restrictions.)
Standard 1.1!1-.1.4) Wetlands that are not regionally significant will be designated as CON if required
by the South Florida Water Management or Army Corp of Engineers.
Standard 1.11+.1 .5) All undeveloped City owned property along Billy's Creek shall be designated
Policy 1.1~) The Land Development Reg~:~latieRs Code shall provide for reasonable rules for the interpretation of land
use map category boundary lines.
Standard 1.1~;1;.1.1) Major changes based upon interpretive decisions shall require a plan amendment.
Standard 1.1~~.1.2) Interpretation shall take into consideration and be consistent with all e lements of
this plan.
Policy 1.123) Upon annexation or regulatory agency determination, adjustments and modifications to the Future Land
Use Map may be necessary.
Action 1. I.~.l) All land use changes, modifications, or adjustments shall take into consideration and be
consistent with all elements of this plan, and shall be based upon:
Policy 1.114) Within each land use classification, the Land Development Reg~:~latieRs Code shall distinguish between
permitted uses and conditional uses. Planned Unit Development requirements shall be established in the Land
Development Reg1:1latieRsCode.
Action 1.114 .1) Permitted uses are those uses allowed without special review, as specified in the Land
Development Reg~:~latieRsCode. Special review procedures may be required for some pennitted uses, but not as
rigorous a review as for a Planned Unit Development or conditional use.
Action 1.114.2) Conditional uses are uses that would not be appropriate generally or without restrictions
throughout a particular district classification, but if controlled as to number, area, location, and relation to the
neighborhood, may be an acceptable use.
Action 1.114 .3) A Planned Unit Development is designed and developed in an integrated and cohesive fash ion,
under single ownership or unified control, providing for flexibi lity and clustering of uses. Specific standards
and criteria shall be met in order for developments to be approved as a Planned Unit Development.
Policy l.l~S) The City shall not designate any land for agricultural use on the Future Land Use Map. Agricultural uses,
excluding community gardens, shall not be permitted in the Land Development Reg~:~latieRsCode. Lands annexed into
the City in the future may be permitted to continue existing agricultural uses if provided for through an annexation or
interlocal agreement.
Standard 1.1 ~~.1.1) Community garden means the cultivation and production of plants or fruits for
community consumption or sale that is compatible with nearby residential uses. A community garden
use may also include the husbandry of animals such as bees, rabbits, chickens (not roosters), and other
non-hoofed animals. Community gardens are commonly established by community members to:
1. transform vacant lots in urban areas into productive neighborhood garden spaces
3. help families reduce their living costs by growing food locally, and
Policy 1.1,26) To protect the vested rights of the properties designated in the Metro Park Development of Regional
Impact (DRI), a separate map (Map B) to the Future Land Use Map shall designate areas where pennitted uses are
governed by the Metro Park DRI Development Order.
Standard 1.126.1.1) The uses pennitted within this geographical area include the uses permitted in the
underlying future land use designation of the area (as pennitted within the Comprehensive Plan and the
Land Development Reg1:1lationsCode) and:
Policy 1.20!-+) To protect the existing uses and existing structures or the previously granted Lee County development
approvals of the properties annexed as part of the Dunbar/Belle Vue Annexation area, a separate map (see Map B-1) to
the Future Land Use Map shall designate areas where structures and uses that were in legal existence on or before
December 21 , 2005 under Lee County Land Use reg ulations covering the entire property involved, wi ll be considered to
have a right to operate as an existing structure/use vested with the City of Fort Myers. These structures/uses may be
continued indefi nitely, remodeled or replaced. No increase in the number of dwelling units shall be allowed. Any
expansion to these existing uses and or structures (excluding recycling/j unkyard uses, as defined by the City Land
Development Reg~:~JationsCode), sha ll be considered a special non-conformity, and such expansion shall be granted by
Conditional Use Approval. Any expansion to an ex istingjunkyard or recycling center may only be by approval of the
expansion through the Planned Unit Development process.
Policy 1.21!8) The City will maintain an Official Zoning Map that is consistent with the adopted Future Land Use Map.
OBJECTIVE 2
Protect and promote significant natural, historic and waterfront resources from intrusion and encroachment of
incompatible uses.
Policy 2.1) Development adjacent to natural and historic resources shall be located, designed, constructed, and buffered
to minimize impacts which would lessen the resource's significance, desirability, and/or value.
Action 2.1. 1) Amend the Land Development Reg1:1lations Code to incorporate such provisions.
Standard 2.1.1. 1) Regulations shall be consistent with the Conservation and Coastal Zone
Management, Historic Preservation, and Community Appearance Elements.
Policy 2.2) Special considerations shall be given to development occurring in or around historic districts, including:
Henley Place, Downtown, Dean Park, Lovejoy Park, Edison Park, Seminole Park, Rio Vista, and Woodford Park.
Action 2.2. 1) Amend Land Development Reg~:~lations Code to allow non-confonning significant historic
structures to be altered if such alteration preserves the historic character of the site or building for the
community.
Standard 2.2.1 .1) Historic di stricts (locally designated) shall be identified in the Comprehensive Plan.
New_districts may be locally designated by the City Council and wi ll be incorporated into the Historic
Preservation Element of the Comprehensive Plan during the subsequent Evaluation and Appraisal
Report (EAR) amendments following designation.
Policy 2.3) The City shall give highest priority to water-dependent uses in shoreline locations.
Action 2.3.1) Shoreline sites with water access to the Caloosahatchee River will be encouraged for water-
dependent uses such as marinas, yacht clubs, commercial passenger boating, charter boats, or boat ramps.
Mixed use development and redevelopment projects containing these uses shall be encouraged.
Action 2.3 .2) In the event that Lee County prepares and adopts a County-wide Marina siting plan, the City may
implement the plan through intergovernmental coordination and entering into an interlocal agreement with the
County.
Policy 2.4) Water-enhanced uses will be encouraged as a second priority along the river.
Action 2.4.1) The Land Development Regulations Code shall be maintained to ensure that development
adjacent to the River and its estuaries are consistent with other objectives, such as protection of water quality,
environmental integrity, public access, hurricane contingency planning, and the availability of community
facilities and services.
Standard 2.4.1.1) Water-enhanced uses which will be allowed in shoreline locations include resource-
based recreational uses, residential, hotel, motel, and other water-enhanced uses.
Standard 2.4.1.2) Uses which may, but not necessarily will, be enhanced by a water-front location, will
be allowed on the waterfront if suitable for the neighborhood and if the site plan takes full advantage
of the location. Standards regarding the suitability of water-enhanced uses shall be provided in the
Land Development RegulationsCode. Such uses include restaurants, retail, bars, and mixtures of these
and other water-enhanced uses.
OBJECTIVE3
Revitalize declining areas through rehabilitation, redevelopment, and infill strategies as appropriate.
Policy 3.1) Except for areas located within the Downtown Redevelopment Area, some major City corridors are
designated for an improvement strategy, in need of multiple actions to correct serious problems of poor site planning,
congestion, intensive activity, and/or an incomplete transportation network.
Action 3 .1 .1) Corridor studies or redevelopment plans wi ll be prepared and adopted to implement this policy as
well as transportation policies.
Policy 3.2) Special planning and implementation efforts shall be continuously conducted for targeted neighborhoods.
Action 3.2.1) Detailed neighborhood plans or community redevelopment plans shall be prepared and adopted
for various neighborhoods throughout the City.
Action 3.2.2) Upon completion of the specific redevelopment plans, special Neighborhood Redevelopment
Districts shall be designated on the Fort Myers Redevelopment Areas Map, as amended from time to time on
file in the City Clerk's office, and implemented through the Land Development Reg1:tlationsCode. It is the
express intent to promote the redevelopment of areas through special controls, economic incentives, and public
as well as private investment.
Policy 3.3) The transportation corridors indicated on Map C are largely developed and have a strong potential for
significant redevelopment.
Action 3 .3. 1) Maintain Land Development Regt~latieRs Code to incorporate transportation corridor-conscious
design standards.
Standard 3.3.1.1) Design standards shall consider visual quality based upon potential signage; curb
cuts; frontage roads; capacity and condition of roadway, congestion, buffering of incompatible uses,
vast emptiness of parking lots, and street lighting.
Standard 3.3.1.2) The amounts of "green" (plantings) shall be appropriately sized and placed in
relation to the amounts of "gray" (asphalt) along a corridor.
Standard 3.3.1.3) Where availab le right-of-way exists, lawn extensions with plantings should be
established along a corridor between the pavement and sidewalk.
Standard 3.3.1.4) All areas of individual development sites shall receive landscaping attention based
upon the following three areas: the Building Perimeter, the Street Edge, and the Rear Yard/Parking.
Standard 3 .3.1.5) Eliminate vast emptiness of parking lots through ground level screening such as
berms, fences, walls, or shrubbery and tree plantings, consistent with traffic safety standards.
Policy 3.4) The City hereby adopts into the City of Fort Myers Comprehensive Plan a redevelopment strategy, consistent
with the requirements of Section 163.3177(6)(a), Florida Statutes, a comprehensive disaster mitigation strategy
applicable within the entire City CHHA, which shall include, at a minimum, the following Actions and Standards:
Action 3.4.1) The City will implement measures to replace or eliminate unsafe structures that are subject to
repetitive damage from coastal storms and floods.
Standard 3.4.1 .1) The City of Fort Myers has prepared and shall maintain_an inventory report of all
structures that have had repetitive damage from coastal storms and floods.
Standard 3.4.1.2) The City's Capitallmprovements Program shall include measures to rehabilitate,
relocate or demolish any City-owned structures that have sustained repetitive storm damage.
Standard 3.4.1.3) The City shall implement additional measures to reduce repetitive storm damage on
private properties, including but not limited to, requiring the placement of hurricane shutters or
Action 3 .4.2) The City shall implement measures to reduce exposure of City infrastructure to hazards, including
relocation and/or structural modification of threatened coastal infrastructure.
Standard 3.4.2.1) The City shall incorporate structural modification of infrastructure, including but not
limited to, water, sewer, roadway and lighting facilities, into its Downtown Streetscape Plan.
Action 3.4.3) The City of Fort Myers redevelopment strategy shall implement operational and capacity
standards to City roadways to ensure that the redevelopment strategy maintains the County's Category 5 out-of-
county and shelter evacuation clearance times.
Standard 3.4.3.1) The City shall construct and maintain new or improved two-way roadways within the
Downtown Redevelopment Area to ensure adequate evacuation of downtown. Further, the City will
designate First Street as a two-way City road and Second Street as State Road 80.
Standard 3.4.3.2) The City of Fort Myers shall continually monitor new development and will permit
no development, which increases the City's overall hurricane evacuation clearance time above
established standards.
Standard 3.4.3.3) The City shall require that new developments, which have the potential to adversely
impact hurricane evacuation clearance times, contribute on a fair share basis, to road improvements,
shelter construction or enhancements, or other mitigation, which acts to reduce clearance times.
Standard 3.4.3.4) The City shall require each developer within the Coastal High Hazard Area to
provide a detailed emergency evacuation plan to the Lee County Division of Emergency Management,
consistent with the provisions of the appropriate Lee County Administrative Codes.
Action 3.4.4) The City of Fort Myers redevelopment strategy s hall include measures designed to ensure the
reduction of the City's hurricane shelter space deficit and the maintenance of the County's Category 5 out-of-
county and shelter evacuation clearance times.
Standard 3.4.4.1) The City shall work towards participating in the Lee County All-Hazards MSTU.
Action 3.4.5) The City shall implement measures that require new developments within the entire CHHA ofthe
City of Fort Myers to contribute to the creation of additional public shelters in proportion to the development 's
identified impacts on Lee County's public shelter space deficit and/or hurricane evacuation clearance times.
Standard 3.4.5.1) The City shall work with Lee County Emergency Management for the donation of
land for public facilities or donation of the use of private structures to be used as primary public
hurricane shelters that are located outside the Category 3 hurricane storm surge zone.
Standard 3.4.5.2) The City shall work with Lee County Emergency Management to identify upgrading
of existing primary and secondary hurricane shelters located outside the Category 3 storm surge zones
to increase the County's primary public hurricane shelter space availability.
Standard 3.4.5.3) The City shall work with Lee County Emergency Management and the American
Red Cross to provide hurricane shelter funds to be used for training public hurricane shelter managers
through a program provided by the local chapter of the American Red Cross.
Standard 3.4.5.4) The City shall work with Lee County Emergency Management to establish and
maintain a public information program within existing homeowners associations in the Coastal High
Standard 3.4.5.5) The City shall work with Lee County Emergency Management and Florida
Department of Transportation to make identified hurricane evacuation roadway capacity
improvements, including critical intersections and manual traffic control provisions to reduce and
maintain evacuation time standards.
Standard 3.4.5.6) The City shall work with Lee County Emergency Management to fund
communications equipment which would upgrade the existing warning and notification capacity for
local emergency management officials.
Standard 3.4.5.7) The City shall require when property is conveyed in the Coastal High Hazard Area,
the developer must include a disclosure statement in the form of a covenant in the deed, which states
that the property is located in the hurricane vulnerability zone, that the hurricane clearance time for the
county is high, and that shelter space is limited.
Action 3.4.6) The City shall ensure that public expenditures within the Coastal High Hazard Area are limited to
those expenditures to maintain existing public facilities, and to make such existing public facilities and new
private faci lities more disaster-resistant, provide or maintain public shoreline access, and restore and protect
natural systems.
Standard 3.4.6.2) The City shall require developers within the CHHA to contribute to a hurricane
shelter fund, based upon the formula used by the Lee County Division of Emergency Management for
retrofit costs for shelters. This formula shall be re-evaluated on an as needed basis, or if Lee County
adjusts its formula.
Action 3.4.7) The City of Fort Myers shall continue to participate in the Community Rating System (CRS).
Further, the City shall commit to planning and regulatory standards that exceed the minimum standards required
by National Flood Insurance Program.
Standard 3.4.7 .1) The City of Fort Myers is currently rated Class 8 on the National Flood Insurance
Program' s Community Rating System (CRS). The City shall implement appropriate mitigation
measures to work towards improving the City' s CRS rating to Class 7 or better.
Action 3.4.8) The City shall continue to implement measures that ensure the protection of coastal resources and
provide for public access to the City's shoreline.
Standard 3 .4.8.1) The City shall work towards adopting and implementing a shoreline preservation
ordinance.
Standard 3.4.8.2) The City shall increase public access to the Caloosahatchee River by requiring new
developments along the river shoreline to provide such access.
Action 3.4.9) The City shall prepare data and analysis regarding activities proposed within the City's downtown
redevelopment strategy, including, but not limited to, an assessment of the potential for natural hazard damage
to structures and the potential costs of such damage. The damage potential and damage cost potential for
activities proposed under the redevelopment strategy shall be less than the potential for damage and the
potential cost of such damage, without the proposed action.
Standard 3.4.1 0.1) The City' s initial public shelter and hurricane evacuation study shall be prepared by
December 2007. The study shall be updated every three years, thereafter.
Action 3 .4.11) The City will execute an interlocal agreement with Lee County to enable City participation in the
Lee County All-Hazards MSTU.
Standard 3 .4.11.1) The City of Fort Myers shall enter into an interlocal agreement with Lee County,
which agreement shall outline City participation within the Lee County All-Hazards MSTU.
OBJECTIVE4
Coordinate land development with the public and private provision of community services and facilities, soil
suitability, and topography.
Policy 4.1) Development shall not be permitted unless adequate capital facilities levels of service as defined in the
respective comprehensive plan elements exist or are assured. All proposed development will be reviewed for consistency
with the adopted levels of service for concurrency, as defined in the respective elements of the City of Fort Myers
Comprehensive Plan. Development that the City of Fort Myers City Council finds to be inconsistent with the adopted
levels of service for concurrency shall not be permitted.
Action 4.1. 1) The City of Fort Myers shall continue to maintain Land Development Regt:tlatieRsCode, which
require community facilities and services (including but not limited to, water lines, sewer lines, lift stations,
sol id waste disposal systems, stormwater/drainage facilities, roadways/transportation facilities, police/fire
service, parks and recreation facilities, and public schools) prior to issuance of development orders or building
permits.
Standard 4.1.1.1) The following community facilities and services shall be provided for or assured
prior to development permitting: (a) transportation facilities; (b) water, sewer, and utilities;
(c) storm water management; (d) public safety; (e) recreation and park facilities; and, (f) public schools
and ancillary facilities.
Action 4.1.2) The City of Fort Myers shall continue to maintain Land Development Regt:tlatieRsCode, which
incorporate adopted level of service standards.
Policy 4.2) The City of Fort Myers shall ensure that s uitable land continues to be available for utility facilities that are
necessary to support current and future devel opment.
Policy 4.3) Development patterns shall maximize the use of existing public facilities.
Action 4.3.1) The City of Fort Myers has developed and implemented and shall continue to use a GIS-based
land use data analysis system, which, links to the Lee County Property Appraisers Office Geographic
Information System to identify and encourage infill development opportunities.
Action 4.3 .2) Encourage the development of infi II sites in developed areas where many lots are s ubstandard due
to platting prior to zoning, and where adequate infrastructure is in place.
Standard 4.3.2.1) The City of Fort Myers shall continue to maintain the Land Development
Regt:tlatieRsCode, which incorporates policies and procedures considering the following: Analysis of
a) In areas of conflict, study the areas and give approval to specific sites; or
b) Allow administrative deviations, and warrants and exceptions, as issued by the
City's Community Development Department; or
c) Where issues cannot be resolved, review variances through the Board of
Adjustments.
Standard 4.3.2.2) Simplified subdivision procedures for re-platting consistent with Florida Statutes and
this plan will be maintained within the City's Land Development Reg~:~latieRsCode.
Action 4.3 .3) Whenever possible, the City shall encourage owners/developers to create buildable infilllots, for
compatible uses, through the acquisition of adjacent land.
Policy 4.4) The location and intensity ofland uses with respect to collector roads and arterial roads shall be coordinated
with the Florida Department of Transportation and the Lee County Department of Transportation.
Action 4.4.1) Traffic Analysis Zonal forecasts will be compared with the City of Fort Myers land use
densities/intensities to determine where future land use map amendments should be pursued to alleviate
congestion or to improve the transportation network. In addition, development will not be permitted that would
cause level of service standards to be exceeded in accordance with the Transportation Element and the
Concurrency Management System Element.
Action 4.4.2) All Future Land Uses designations shall facilitate and/or encourage use of public transportation
systems.
Action 4.4.3) The City shall coordinate with Lee County to examine establishing transfer ofdevelopment rights
receiving areas within the City to facilitate Transit Oriented Development.
Standard 4.4.3 .1) Transfer of development rights receiving areas shall be located along arterial
roadways near high concentrations of existing commercial and residential development.
Policy 4.5) Development shall not be permitted that is not compatible with soil conditions and topography.
Policy 4.6) The City shall cooperate with the School Board in the planning and selection of future school sites and the
development of mutually acceptable guidelines for the selection of such sites on an as needed basis, as outlined in the
Public Education Facilities Element.
Action 4.6.1) Schools should locate in office, commercial, or other areas permitting mixed use development,
which also permit medium to high density residential development.
Action 4.6.2) Schools should co-locate with parks, libraries, community centers, and other public services to the
greatest extent possible.
Action 4.6.3) Schools shall integrate the design and use of their facilities with the social and recreational needs
of their respective neighborhoods.
Policy 4.7) Consideration should be given to the design and construction of new schools to serve as hurricane evacuation
and emergency shelters.
Action 4.7.1) Schools should not be permitted in the Coastal High Hazard Area (CHHA).
The City of Fort Myers shall coordinate within its Comprehensive Plan applicable actions of the Charlotte
Harbor Comprehensive Conservation Management Plan.
Policy 5.1) All implementation mechanisms of this Comprehensive Plan (e.g., development regulations, capital
expenditures, etc.) shall undergo review as it is amended to ensure consistency with the Charlotte Harbor Comprehensive
Conservation Management Plan. Implementation mechanisms of this Comprehensive Plan found to be inconsistent will
be revised to be consistent with the Charlotte Harbor Comprehensive Conservation Management Plan.
B-2
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D1e su!p lus EDl is mdicated for each Utilit:y System Phase ag nmwl:ui\"t mtllcimums for
each phase .\\""ai]abk ED Us on a site sprcific basis ;tre subject to a the infrastmcmg in
the immeruate \"icinirr serrlllg the specific site. on a sub-phase le\"el These more specific
spb-phase capacities are identified and de,picted in the Dou'lltoun and .Wdtoun Fori .\f}'m
Uttb.()' Cf!J>fldr;Ana[J'lil Qannaq 20 11) as may updated from time to time on file Wlth the
Conwm11zy Dertlopmem Depmmem
Non-Aviation Intensity
Existing facilities
Commercial
Retail 304,622 sq. ft.
Service I08,645 sq. ft.
Office
Medical 35,490 sq. ft.
Non-Medical 7,056 sq. ft.
Light Industrial 21 1,658 sq . ft.
Intensity by Use- Vacant Non-Aviation Parcels(7l
Commercial (Retail & Service) 80,000 sq. ft.
Office (Medical & Non-Medical) 33,000 sq. ft.
Light Industrial 40,000 sq. ft.
Source: Page Field General Aviation Airport, Master Plan Update 2002; Page Field Layout Plan, 2006; Lee County Po rt Authority; Lee Plan, 2009, Lee County
Notes:
(I) The adopted Page Field Master J>Jan (May 2002) was developed with a 2020 planning horizon. The adopted Airport Layout Plan (February 2006) has a 2025 planning horizon as of May
2008.
(2) Data for the projected facilities demand are from Exhibit 5-1 , Faci lity Requirement Summary, Page Field Aviation Airport, Master Plan Update, 2002.
(3) Data for non-aviation fac ilities are based on the adopted Page Field Airport Layout Plan, 2006.
(4) Landside facilities consist of the tenninal, non-aviation related structure on the airport property and the access system, which includes vehicular parking.
(5) Future aviation and non-aviation development at Page Field will comply with the parking requirements contained in the Land Development Regt~latieR sCodes.
(6) Airside faci lities are those required for aviation operations, including runways and ramps. Airside aviation-support facilities include aircraft hangars, maintenance fa cilities and office
facilities that are accessory uses to the primary aviation-related use.
(7) Intensity data for the vacant Page Field non-aviation parcels are estimates based on the size and anticipated use of the parcels through the 2025 planning horizon.
allows a maximum of 70 dwelling units per acre and a maximum of 18 FAR for all uses within the
Downtown District Future Land Use Category (FLUC),
specifies the allowable zoning districts in the Downtown District FLUC
specifies the maximum dwelling unit density and FAR allowed within each zoning district in the
Downtown District FLUC,
and specifies the maximum percentage of residential and office/ commercial uses in new
developments within each mixed use zoning district.
allows for the award of bonus density based on the developer's ability to meet various design
criteria or provide various public benefits.
allows for a range of maximum base densities from 12 to 70 dwelling units per acre and a range
of maximum base FARs from 1.5 to 18 within the Downtown District FLUC
Allows for additional density and intensity (including height and FAR) through a surplus capacity
program provided for in newly proposed FLU Policy 1.9
Continues to specify the allowable zoning districts in the Downtown District FLUC
The specific maximum densities and FARs allowed within each zoning district and the maximum
percentage of residential and commercial/office uses are no longer provided in this Policy.
These parameters will now be specified in the Land Development Code (LDC).
Provides for demand based standards to be instituted in the LDCs which will control the
required ratios of residential and commercial/office uses allowed within each zoning district.
will require all new developments to meet new LDC design criteria related to the following:
o hurricane evacuation criteria
o multi-modal transportation strategies including para-transit provisions
o mixed-use residential/commercial/retail
o exceptional architectural design
o pedestrian friendly connections between publ ic and private property
o Riverwalk easements (for waterfront properties)
This newly proposed policy creates the Midtown South FLUC. The FLU Map will also be amended to
designate the area bounded by Cleveland Avenue, Fowler Street, Victoria Avenue, and Edison Avenue as
the Midtown South FLU C. Currently, this area has FLUC designations of Traditional Community and
Corridor Commercial.
The development standards and allowable zoning districts proposed for the Midtown South FLUC are
the same as proposed in the Downtown District FLUC.
LaRue
pt.anr,Lng
City of Fort Myers
Proposed Amendments to Future Land Use Element
This newly proposed policy creates the surplus capacity program, wh ich allows for additional density
and intensity (including height and FAR) past the allowable base density and intensity, based on the
availability of surplus utility capacity and subject to community benefit requirement. Map F has also
been proposed which depicts available surplus utility capacity within each phase area of the Downtown
District and Midtown South FLUCs. Surplus capacity has been determined based on the amount of uti lity
capacity available past build-out at the proposed base densities.
With the current utility infrastructure, it has been determined that the system can accommodate
additional capacity past the proposed base density as follows, within each phase area, as depicted on
proposed Map F. Surplus capacity is expressed in equivalent dwelling units (EDUs) which can be
converted to residential dwelling units or office/ commercial space.
This newly proposed policy provides for transfer of development rights from publicly owned properties
in the Downtown District and Midtown South FLUCs to other properties within the same utility system
phase area, as delineated on Map F. Specifics ofthe program will be detailed in the LDC.
LaRue
ptan11Lng
Downtown and Midtown Fort Myers
Utility Capacity Analysis
Prepared For
January 2017
Prepared by
and
Johnson Engineering
2122 Johnson Street
Fort Myers, FL 33901
Table of Contents
1.0 Introduction.......................................................................................................................... 1
2.0 Sewer.................................................................................................................................... 3
2.1 Sewer Model Assumptions ............................................................................................... 3
2.2 Results of Sewer Model ................................................................................................... 4
3.0 Water .................................................................................................................................... 8
3.1 Potable Water Distribution System Model... .................................................................... 8
3.2 Modeling Assumptions and Parameters ........................................................................... 9
3.3 Potable Water Demands ................................................................................................. 10
3.4 Daily Demand Patterns................................................................................................... 11
3.5 Fire Flow Demand .......................................................................................................... 12
3.6 City of Fort Myers Design Standard .............................................................................. 13
3.7 Model Scenarios and Basis of Recommendations ......................................................... 13
3.8 Results of Water Model. ................................................................................................. 13
TKW CONSULTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPAC ITY ANALYSIS
January 2017 Page i
Tables
Table I : Pipe Properties Used for Modeling ................................................................................. I 0
Table 3: Water Main Improvements for Base- and Surplus-Demand Scenarios .......................... 14
Figures
Figure I: Overview of Hydraulic Model ........................................................................................ 9
Figure 4: Existing System Fire Flow Performance for Base- and Surplus-Demand Scenarios .... I5
Exhibits
Boundary, Phases, Zoning, and Density Assumption, .................................................... EXHIBIT I
TK W CONSULTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYS IS
January 2017 Page ii
1.0 Introduction
The City of Fort Myers (City) seeks to re-evaluate the allowable density in the Downtown
Redevelopment District and the area known as Midtown, which is located between Martin Luther
King, Jr. Boulevard on the north and Edison A venue on the south. Midtown lies within two
Community Redevelopment Areas: Downtown and Central. For this analysis, the portion of
Midtown from Martin Luther King Jr. Boulevard on the north to Victoria Avenue on the south is
considered part of the Downtown Redevelopment District. The portion of Midtown from Victoria
Avenue on the north and Edison Avenue on the south (lying within the Central Redevelopment
Area) is called "Midtown South."
Density parameters were originally set for the Downtown Redevelopment District (DRD) by the
adoption of the 2003 Downtown Fort Myers Plan (known as the " Duany Plan"). Three major land
use categories of Urban Core, Urban Central, and Urban General were designated in the Duany
Plan, referenced in the Comprehensive Plan, and implemented by the City's Land Development
Code (LDC) as zoning categories. The City's current LDC establishes maximum allowable density
for these categories through a set of bonus density provisions as follows:
Downtown
Zoning Category Bonus Density allowed by LDC
Urban Core 70 Dwelling Units per Acre
Urban Central 40 Dwelling Units per Acre
Urban General 12 Dwelling Units per Acre
Per the City 's Comprehensive Plan, Midtown South is currently designated as a Transitional
Community and Commercial Corridor, with the corresponding conventional zoning categories of
Commercial General and Commercial Intensive. The City's current LDC establishes maximum
allowable density for these categories through a set of bonus density provisions as follows :
Midtown South
Zoning Category Bonus Density allowed by LDC
Commercial Intensive 60 Dwelling Units per Acre
Commercial General 35 Dwelling Units per Acre
To reduce regulatory barriers and add flexibility for development in the DRD, the City seeks to
identify the opportunity for development exceeding these parameters based on optimizing the
capacity of existing or proposed utility infrastructure.
During the development of the Duany Plan, the City contracted with TKW Consulting Engineers,
Inc. (TKW) to prepare a capacity analysis of the utilities in the DRD. This analysis was used to
size the water and sewer utilities for the build-out densities prescribed by the Duany Plan for the
entire DRD area. This analysis was completed in 2003, and an overall master plan for sewer and
water was created for the DRD. Since then, utilities for Phase I of the master plan, or the
Downtown Area, have been constructed. This is the heart of Downtown, and is bordered by the
river, Fowler Street, Dr. Martin Luther King, Jr. Boulevard (MLK) and Heitman Street. Utilities
along a portion of Jackson Street, between MLK and Union Street, have also been constructed.
TKW CO NSULTI NG ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYS IS
January 2017 Page 1
Similarly, the City had Johnson Engineering, Inc. (JEI) perform a water main and gravity sewer
sizing study for Midtown South (also known as "Area-8") in 2015 to plan for utility replacements
that will support the City' s anticipated growth and redevelopment in this area .
The City desires to establish the currently effective bonus density parameters referenced above as
base densities allowed by right, considering that the systems would be already designed and
subsequently built to handle the bonus levels. The City seeks to identify and quantify excess
capacity intrinsic to the utility systems, either existing or proposed, that can support development
at higher densities or intensities. Development potential at higher density or intensity levels based
on the excess capacity in the proposed water and sewer systems is considered to be " surplus"
development.
The purpose of this updated capacity analysis is to develop an overall master plan for the water
and sewer systems in the DRD and Midtown South, including identification of surplus capacities
available within the sewer and water system as originally proposed per the 2003 master plan. A
primary objective is to identify the surplus capacity as a function of Equivalent Dwelling Units
(EDUs) to quantify the extent to which current density could be increased. Because the utility plans
are phased by geographic areas, surplus capacities are quantified by geographic area. Due to the
circumstances of certain blocks and the cumulative nature of flow within the sewer system
network, some blocks have greater capacities available than others. Should any new infrastructure
improvements be necessary to suppot1 the construction of any development in a given location,
such improvements will be the responsibility of the developer.
While there many considerations for development density and intensity, such as roads and parking,
the City considers utilities (particularly wastewater) as a key metric for determining service
constraints and appropriate development potential. A single sewer service to a single-family home
is defined as an Equivalent Dwelling Unit (EDU). The City of Fort Myers Comprehensive Plan 1
establishes a flow rate of 75 GPO per person and states that the average persons per household is
2.5. Therefore, the capacity required for a typical residence in Fort Myers is 187.5 gallons per day
(GPO), which is equivalent to one EDU of capacity. This is the established flow rate per unit used
in the preparation of the updated master plan.
TKW CONSULTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYS IS
January 2017 Page 2
2.0 Sewer
2.1 Sewer Model Assumptions
For the purposes of this analysis, TKW has reviewed the City's existing sewer system in the ORO
and Midtown South. Most of the sewer system in these areas is old. However, the sewer system in
the Phase 1 area was recently constructed as part of the Downtown Streetscape Project. Since these
utilities are new, and reconstruction of these utilities would damage the streetscape, utilities in the
Phase 1 area are not considered for upsizing. The capacity of this portion of the sewer system was
designed using the densities of the Duany Plan and these densities will remain the same. However,
there is some excess capacity in this Phase I part of the system.
The assumptions used to create the model for the sewer system include the following:
An EDU is assumed to be 187.5 GPO. As stated earlier, this is based on the City's
Comprehensive Plan, which establishes a residential level of service rate of75 gallons per
day per capita, and assumes 2.5 persons per dwelling.
Peak flow is determined using a peak factor that is based on cumulative population. The
peak factor is determined using the cumulative population from the upstream end of the
collection to a particular downstream point.
The gravity sewer is assumed to flow at a depth of75% of diameter at peak flow. Maximum
flow through a gravity main occurs at a flow depth of approximately 94% of the diameter.
Calculations show that there is 15% more flow in a pipe that is flowing at a depth of 94%
than 75%. The 15% extra capacity (between 75% and 94% full) is reserved for inflow and
infiltration.
The capacities of the gravity mains are determined using Manning's formula. Pipe slopes
assumed for this model are the typical slopes recommended in the City of Fort Myers
Design Standards and the City ' s Comprehensive Plan. These are the same slopes that are
found in the Florida Department of Environmental Protection approved reference manual
Ten States Standards. The Manning roughness factor in the capacity calculations is set to
0.013 which is also as recommended in Ten States Standards.
The master plan for the upsized gravity system is created without consideration for the
existing system, except in the Downtown Phase 1 area where no gravity main changes are
adopted. The existing flow routing is generally maintained, except in areas where diverting
the existing route of the flow is necessary to increase density. Redirection of sewer flow is
assumed for the Phase 3 and Midtown areas.
New pump stations were created as necessary.
Density assumptions are as depicted in Exhibit 1.
A significant change from the Duany Plan is assuming the Urban Core density level of70
dwelling units per acre for all areas that were not Civic/Recreation or government-owned
or Industrial in the Phase 3/Midtown Area and in Midtown South.
Density for parcels in the Phase 4 Area is assumed at 40 units per acre, except for the Urban
Core portion. Some of these areas are currently Urban General.
Industrial areas and Civic and Civic/Recreation areas outside of Downtown Phase 1 are
calculated at 15 dwelling units per acre.
The entire Downtown Phase I Area is modeled at 40 dwelling units per acre, which is
consistent with Urban Center zoning. Approximately 22.6 acres in the Downtown Phase 1
Area are currently zoned Civic. If these Civic zoned areas are not converted to Urban
Center, an additional 563 EDUs could be available. Among other options, the City could
TKW CONSULTING ENG INEERS, INC. DOWNTOWN & MIDTOW N FORT MYERS UTILITY CAPACITY ANALYSIS
January 2017 Page 3
establish a Transfer of Development Rights program to use these extra EDUs as incentives
to develop.
The anticipated flow is determined in the following manner. First, the area around the block being
examined is multiplied by the density assigned to the block (right-of-way is not included in this
area) to determine the number of EDUs in the block. The number of ED Us is multiplied by 2.5
persons per EDU to determine population of the block. The population for the block is added to
the cumulative upstream population and multiplied by the flow rate of 75 GPD per person to
determine the average daily flow (ADF) through the block. A peak factor is calculated for each
block using the Ten States Standards formula and cumulative population (the block itself plus
population from all upstream blocks). The average daily flow is multiplied by the peak factor to
calculate peak flow (converted to gallons per minute, or GPM). Below is a formula expression of
how this is done:
Determine EDUs: Area in acres attributed to the block x units allowed per acre by zoning
=EDUs
Determine Population: EDUs x 2.5 people per unit= population
Determine Peak Factor: The population upstream of this block is added to this and the Peak
Factor is determined from the accumulated population.
Determine ADF: Accumulated population x 75 GPD/person = ADF through that block
Determine peak flow through each block: Peak Factor x ADF ..;.. I440 minutes/day= gallons
per minute for that block.
The excess capacities, like the population, are cumulative along a gravity sewer run. For example,
if a development uses I 00 surplus EDUs at the far end of a gravity line, I 00 EDUs must be
deducted from each block along the gravity main route back to the pump station. The blocks
surrounding these gravity runs are referred to as sewersheds. The surplus EDUs are depicted in
Exhibit 2 by sewershed. Multiple iterations of the model were evaluated using various gravity pipe
sizing to provide excess capacity above the requirements of the base densities along each gravity
sewer run. The intent of this effort is to provide higher excess capacities near pump stations and
to lower excess capacities at the end of each gravity sewer main run.
The project area does not include all upstream areas that contribute flows to the gravity system in
the DRD and Midtown South area. As part of the modeling effort, these flows are accounted for
in the same method as described above. The current zoning of these areas is used to determine the
number of EDUs, but surplus EDUs outside of the project area are assumed to be unavailable.
Most of these areas are zoned residential and a density of I 2 units per acre is assumed. Each area
with gravity systems flowing through the project area is accounted for in this manner.
The sewer system in the Phase I Area was recently constructed, and the size of these gravity mains
is not altered. Wastewater originating from the Phase 3 area south ofMLK flows through Phase 1
via gravity. To increase the excess capacities in the Phase I area, this flow from Phase 3 is diverted
TKW CONSULTING ENG INEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 2017 Page4
out of the Phase I area via a proposed pump station in the Phase 3 area. The flow from this pump
station is redirected from Pump Station 3, which is located on Lee Street north of Bay, to the Palm
Avenue gravity trunk main which is currently under design to be upsized. This pump station will
be located at the northwest comer of Victoria and Jackson. A second new pump station is also
proposed for the Phase 3 Midtown, south of Victoria Avenue. The flow from this pump station is
also redirected to the Palm Avenue Trunk Main. To convey the additional flow, the trunk main
was upsized from 36 inches to 48 inches from Michigan Avenue to Market Street where the two
new pump stations will connect to the trunk main.
There is only one region in the DRD where a limit to the surplus EDUs is noted. In the Downtown
Phase 1 area around Lee Street and Royal Palm, there is sufficient capacity for the development at
Urban Center density with an estimated 94 surplus EDUs. Pipe sizing for this area was originally
based on the Duany Plan, which was not concerned with excess capacities, and the system was
designed to meet the flows created by the densities of the Duany Plan. Flow was diverted out of
this system to create the surplus EDUs.
Utilizing additional capacity in the gravity sewer system affects the existing master pump stations
in the area. Pump Station 3 serves most of the ORO, and has been recently upgraded as part of the
Downtown Streetscape Project. Pump Station 3 has four wet wells, with three currently in use. By
upsizing the existing pumps and installing a fourth pump in the extra wet well, additional flow due
to increased densities can be handled. Lift Station 3 currently pumps into the gravity main on First
Street, which flows east towards Pump Station 4 which is on Cranford and First Street. To
minimize the size of the gravity collection system along First Street, Pump Station 3 should be
directly connected to Pump Station 4 by a 20-inch force main. This will allow for a much smaller
gravity system along First Street. The gravity main on First Street is much deeper than a force
main would need to be, and keeping the gravity main small helps reduce the construction cost.
Exhibits 3 and 4 depict this force main.
Pump Station 4 repumps all flow from its service area and the Pump Station 3 service area to the
City's Central Advanced Wastewater Treatment Plant (A WWTP). Most flow to Pump Station 4
originates from the Pump Station 3 service area. Pump Station 4 also has four wet wells and all
four pumps have been installed. The pumps at Pump Station 4 will need to be upsized in the future
to accommodate the flow that could result from buildout at the proposed densities and proposed
surplus EDUs. To avoid upsizing pumps at Pump Station 4, the force main from Pump Station 3
could be extended to the Central A WWTP. The length of the force main from Pump Station 3 to
Pump Station 4 is 0.85 miles. Extending this force main to the Central AWWTP would require an
additional 0.9 miles of force main to be constructed.
In the Phase 3 Area (Exhibit 5), a portion of the new gravity main constructed on Jackson from
MLK to Union would need to be redesigned to flow east along Peck Street to Central Avenue and
then to the Phase 1 system on Lee Street. Two new pump stations would need to be constructed in
the Phase 3 and Midtown areas. The first would divert flow from the Phase 3 area to the Palm
Avenue Trunk Main. In the master plan, this pump station was located at the northeast comer of
Victoria and Jackson Streets. All flow in the Phase 3 area would flow by gravity to this pump
station. To connect this new pump station to the existing collection system, a new force main
would need to be constructed on Victoria Avenue, heading east to Central Avenue, south along
TKW CONSULTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 2017 Page 5
Central to Market Street, and then east on Market to the connection with the trunk main on Palm
Avenue. The force main will need to be 14-inches in diameter upstream from Market Street.
Downstream from Market Street, it will need to be 20-inches to accommodate additional flow
picked up from a new pump station in Midtown.
In the Midtown South area, a second new pump station would be constructed to receive a portion
of the flow from the Midtown area that the existing pump station does not receive. For this analysis,
the new pump station is assumed to be located on the northwest comer of Edison A venue I Central
Avenue intersection. The flow from the existing pump station on the comer of Edison and Grand
would be pumped to this pump station. The flow from the new pump station would then be pumped
through a 14-inch force main along Central Avenue to Market Street, where it would be combined
with the flow from the Phase 3 pump station and delivered to the Palm A venue gravity trunk main.
Exhibit 5 depicts these proposed pump stations and force mains.
The Palm A venue gravity trunk main is currently under design to be upsized. Currently it is a 36-
inch main with a 24-inch liner in it. The original plan was to remove the existing 24-inch lined
sewer main and replace it with a new 36-inch main. To accommodate buildout of the proposed
densities and a much larger projected flow being transmitted from the Phase 3 and Midtown areas,
this gravity main should be upsized to a 48-inch main. The 48-inch gravity main would be
constructed from where the new force main would connect at Market Street and Palm Avenue
north to the Central AWWTP. Upstream from this location, the gravity trunk main could remain
36 inches.
All wastewater flow from the DRD is ultimately conveyed to the Central A WWTP. The Central
A WWTP has a permitted capacity of 11 million gallons per day (MGD). The flow to the facility
during the peak occupancy months of November through March is typically between 5 and 6
MGD. The highest average daily flow in the past three years was 7.6 MGD in February of2016.
During the rainy season, flows typically increase due to the inflow and infiltration. Installing a
new gravity system could eliminate much of the inflow and infiltration from the project area.
Increased density in the DRD and Midtown areas will increase flow to the Central AWWTP. To
estimate this increase in flow, the existing flow from the DRD is estimated by examining the flow
from the Pump Stations 3 and 4 to determine the maximum-month daily flow transmitted from
these facilities to the Central AWWTP. Pump Stations 3 and 4 serve most of the DRD area, except
the Midtown area. There are some areas outside the DRD that are also served by these two pump
stations. These areas are nearly equivalent in acreage as the Midtown area and are similarly
developed (residential). Based on these considerations, it is assumed that flow from Pump Stations
3 and 4 provides for a reasonable estimate of the current flow from the DRD. Because Pump
Station 3 delivers flow to Pump Station 4 where it is repumped, flow from Pump Station 4 is
assumed to provide a reasonable estimate of the ADF from the DRD.
In March of 2011 Johnson Engineering, Inc. (JEI) completed a redesign of Pump Station 4. As
part of that project, JEI completed a preliminary design report that included establishing the ADF
from Pump Station 4. In that report, the ADF from Pump Station 4 is estimated to be approximately
1.1 MGD.
TKW CONSULTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 2017 Page 6
Based on existing I assumed densities, the total number of EDUs at buildout for the DRD and
Midtown South is 20,027. The total future projected ADF at buildout from the DRD is calculated
to be approximately 3.8 MOD. After subtracting out the estimated current flow of 1.1 MOD, flow
to the Central A WWTP from the DRD and Midtown South is estimated to increase by 2. 7 MOD.
Adding this flow to the existing maximum-month ADF results in a projected total ADF to the
Central AWWTP ofl0.3 MOD, which is roughly 0.7 MOD less than the current permitted capacity
of 11 MOD. There appears to be capacity at the Central AWWTP to support increased density
within the DRD and Midtown South, but this analysis does not consider population growth outside
of these areas. Most of this growth is on the east side of Fort Myers, and as flows to the Central
AWWTP approach the permitted capacity, the City has plans to construct the East Fort Myers
Water Reclamation Facility to relieve the Central AWWTP of excess flows.
TKW CONSULTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 2017 Page 7
3.0 Water
Johnson Engineering, as a sub-consultant to TKW, has evaluated the DRD and Midtown South in
the context ofthe potable water distribution system (water system). The purpose of this evaluation
is to determine whether improvements to the water system will be required to support increased
EDUs in the DRD. This evaluation utilizes the assumed densities and projected surplus EDUs
determined by TKW.
The DRD is fed by 12-inch and 16-inch water mains along State Road 82 and a 12-inch water main
along Edison Avenue. A 16-inch water main along Fowler Avenue I Park Avenue conveys water
from State Road 82 to the north side of the DRD. In addition, a 12-inch water main extends along
the north boundary of the DRD between Park Avenue and US-41. Throughout the DRD, 6-inch to
12-inch mains along various streets provide individual service to users. In general, the potable
water system is extensively interconnected (looped).
As shown in Figure 1, the updated model includes the area north of Colonial Boulevard and west
of Evans Avenue (model area). In addition, the model area includes the water mains that bound
the Dean Park area, which is located north of Michigan A venue, between Park Avenue and Palm
Avenue. Outside of the model area, the updated model is skeletonized - between the City ' s water
treatment plant (WTP) and Evans A venue, only transmission mains larger than 10-inches are
included. In addition:
Infrastructure and water demands from areas south of Colonial Boulevard and I or east of
the WTP are not considered.
City-provided GIS data from 2014 is used to generate the pipe network. Recent
improvements to the water main along Evans Avenue are also included.
Dead-end mains, or looped mains located on the boundary of the model, are not included.
However, demands for areas served by such mains are included.
TK W CONSULTING ENG INEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 2017 Page 8
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TKW CONSULTING ENG INEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 2017 Page 9
Table I: Pipe Properties Used for Modeling
TK W CONSULTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 2017 Page 10
3.4 Daily Demand Patterns
Average- and peak-day demand patterns for residential and commercial users are adapted from the
City's 2005 water master plan2 (2005 master plan). User-specific hourly demand multipliers are
reproduced from data3 provided in the 2005 master plan and scaled to produce a user-specific
average hourly multiplier of 1.0, which provides the average-day demand pattern. The average-
day demand pattern is scaled using the approach described by the 2005 master plan to develop
peak-day demand patterns with an average hourly multiplier of 1.5 and a peak-hour multiplier of
2.0. User specific average-day and peak-day hourly demand multipliers are presented in Figure 2.
For this evaluation, only the peak-day demand patterns are utilized because the overall objective
is to determine whether upgrades are necessary. The demand patterns are assigned to each node in
the model for residential and commercial demands, respectively. Peak-day combined hourly
demands (residential plus commercial) for the base- and surplus-demand scenarios are presented
in Figure 3. It is noted that the peak-day maximum hourly demand occurs at Hour 20 (8:00PM).
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City of Fort Myers, Florida. Water Ma ster Plan. Malcolm Pimie. October 2005.
City of Fort Myers, Florida. Water Master Plan. Section 5.5.1. Malcolm Pimie. October 2005.
TKW CONSULTING ENG INEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 2017 Page I I
Peak-Day Hourly Demands
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Per the NFPA, one- and two-family dwellings under 3,600 square feet require a minimum AFF of
1,000 GPM at 20 PSI residual pressure (i.e. the pressure near the discharging hydrant must remain
above 20 PSI). Required AFF for other buildings depends on building area and construction type,
and ranges between 1,500 GPM and 8,000 GPM, with a 75% reduction allowed if an automatic
sprinkler system is present.
For this evaluation, it is assumed that all large buildings incorporate automatic sprinkler systems
and are subject to the 75% allowable reduction in required AFF. As the maximum required AFF
per NFPA equals 8,000 GPM, a 75% reduction results in a required AFF of2,000 GPM, which is
also 100% greater than the required AFF for basic residential areas. Based on this assumption,
required AFF is set to 2,000 GPM at 20 PSI residual pressure for this evaluation.
TK W CONSULTING ENG INEERS. INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYS IS
January 2017 Page 12
3.6 City of Fort Myers Design Standard
The City's design criteria for potable water systems4 requires water mains (excluding services) to
be a minimum of 6 inches in diameter. The design criteria also state that designs shall assume a
minimum operating pressure of 50 PSI for peak-hour demands and 40 PSI under peak-day
demands as delivered by the nearest City-owned potable water transmission main. Johnson
Engineering assumes that the scope of this standard is limited to small-scale designs (e.g. service
feeds to buildings or developments). Given the large-scale nature of this evaluation, it is assumed
that the City maintains the existing level of service (in te1ms of flow and pressure delivered by the
WTP to the distribution system). This evaluation does not manipulate the pressure delivered by
transmission mains beyond model-predicted performance under a given demand scenario. This
evaluation considers fire flows under a peak-day I peak-hour scenario- in other words, the hour
with the highest composite demand for the peak-day (Hour 20, or 8:00 PM) is the basis of
evaluating AFF.
4
DESIGN CRiTERIA FOR PUBLIC WORKS IMPROVEMENTS PROJECTS, PART I POTABLE WATER AND RECLAIMED
WATER SYSTEMS, Section 1.2. Accessed December 2016. http://www.cityftmyers.com/documentcenter/view/71 0
TKW CONSULTING ENG INEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPAC ITY ANALYSIS
January 2017 Page 13
Upsizing the water main along 3rd Street, between Hough Street and Evans A venue, to 8
inches for the surplus-demand scenario.
Overall, improvements in the Phase 2 area should include upsizing all 6-inch water mains
to a minimum of 8 inches.
Improvements in the Phase 3 area are extensive for both scenarios, particularly the surplus-demand
scenario. These improvements include:
Upsizing the water main along Edison A venue, between Central A venue and Evans
A venue, to 12 inches for both scenarios.
Extending I upsizing the water main along Jackson Avenue, between Edison Avenue and
MLK, to 12 inches for the surplus-demand scenario.
Upsizing all 6-inch water mains to a minimum of 8 inches for the surplus-demand scenario.
In general, it is recommended to upsize all 6-inch mains to a minimum of 8 inches for both
scenanos.
TK W CONSU LTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 201 7 Page 14
N Lotr "
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Figure 4: Existing System Fire Flow Performance for Base- and Surplus-Demand Scenarios
TKW CONSULTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYS IS
January 201 7 Page 15
EXHIBITS
T KW CONSULTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPAC ITY ANALYSIS
January 2017
Downtown/Midtown
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Fort Myers. Fl orida 33912
Downtown & Midtown Ph- 239-278-1 992 EXCESS CAPACITY EXHIBIT 28 Scale 1" = 1100'
Utility Capacity Analysis Fax- 239-278-0922 Date : 12/1 5/16 TKW Project No.:12902.12
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EXHIBIT 6
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FORT MYE RS, H O Rk)A 33902-1 550
PHONE (2 39) 334..0046 EXHIBIT 7 Base-Demand Scenario
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TRANSPORTATION
GOAL
To provide an efficient, safe, and responsive City transportation system consistent with environmental and land
use goals.
OBJECTIVE 1
To meet the transportation needs of the incorporated area through a safe, convenient, and energy efficient multi-
modal system of roadway, rail, air, boating, public transportation, and bicycle and pedestrian facilities.
Policy 1.1) The transportation system will be examined for ways and means in which more balance between the
modes can be achieved.
Action 1.1.1) The City will encourage the Metropolitan Planning Organization to maintain this balance.
Action 1.1.2) Support the continued operation of the downtown multi modal transportation center (MMTC) to
provide a link between modes of passenger t ransportation including, but not necessarily limited to, public and
private buses, taxis, airport limousines, paratransit, Fort Myers' Trolleys, the AMTRAK shuttle buses, cars, and
bicycles.
Policy 1.2) Additional transit routes an d increased ridership will be promoted and public transportation friendly land
uses in designated public transportation corridors will be encouraged.
Action 1.2. 1) The City will encourage the Metropolitan Planning Organization and Lee Tran to increase ridership
and add routes when appropriate.
Standard 1.2.1.1) Encourage Lee TRAN to maintain 4.5 transit trips per capita within the City of Fort Myers.
Action 1.2.2) The City will continue to allow high-density residential development within comme rcial districts
(where the majority of Lee TRAN routes are located) to encourage the use of public transportation.
Action 1.2.3) Policies for trolleys in Downtown and Midtown South districts are provided under Objective 11.
Policy 1.3) Create a network of bicycle facilities to link residential areas with activity centers, the river, and th e park
system.
Action 1.3.1) Bicycle facilities shall be provided whenever a new arterial or collector road is built and, when
feasi ble, where additional lanes are added to existing arterial or collector roads.
Action 1.3.2) By December 2008, the City will develop bicycle facility standards for on roadw ay bike lanes
utilizing the Lee County standards as a guide.
Action 1.3.3) Design, construction, and reconstruction of intersections along arterial and collector routes shall
address bicycle needs. This should include traffic-actuated traffic signals that are sensit ive to bicycles whenever
possible.
Action 1.3.5) Policies for bicycle facilities in Downtown and Midtown South districts are provided under
Objective 11.
Policy 1.4) Create a network of pedestrian facilities to link residential areas with the riverfront and activity centers,
particularly those that are pedestrian intensive, such as schools, recreation sites, and commercial areas.
Action 1.4.1) Continue to budget monies in the Capital Improvements fo r sidewalk improvements.
Action 1.4.2) Continue to coordinate with the School Board to annually update a priority list of sidewalk needs
near schools located within the city.
Action 1.4.3) Develop a program for intersection improvements to aid pedestrian mobility.
Action 1.4.4) Implement section 134-73 of the Code of Ordinances of the City of Fort Myers requiring sidewalks
on all new streets.
Standard 1.4.4.1) Require existing sidewalks adjacent to the property line to be in good condition before
certificates of occupancy are issued for new or remodeled existing buildings.
Action 1.4.5) Identify intersections for "No Right on Red when Pedestrian/Cyclist Present" signs.
Action 1.4.6) Maintain Section 134-73 of the Code of Ordinances of the City of Fort Myers that places the burden
of maintenance (and liability) of sidewalks on the property owners adjacent to said sidewalk.
Action 1.4.7) Policies for pedestrian facilities in Downtown and Midtown South dist ricts are provided under
Objective 11.
Policy 1.5) Create an environment that promotes bicycling or walking to work/school and other utilitarian trips such
as shopping.
Policy 1.6) Suitable commercial marina sites will be promoted for areas adjacent to waterways.
Action 1.6.1) The City will incorporate provisions for marinas in the Land Development Regulations.
Action 1.6.2) Policies for waterways in the Downtown District are provided under Objective 11.
Policy 1.7) The City will promote intermodal terminals and access to aviation, ra il and seaport facilities.
Action 1.7.1) Provide appropriate assistance to maintain railroad facilities that t ravel through and are in use
within the City.
Action 1.7.2) Provide assistance to private railroad companies to provide for a rai l/truck intermodal transfe r
terminal by:
(a) Making property available, for lease or purchase, in the City Industrial Park;
(b) Encouraging local freight and trucking firms to develop a wo rking relationship with the Seminole Gulf
Railroad; and,
(c) Assisting any potential developers of an intermodal freight termin al with permitting.
Policy 1.8) Safety among and between all modes of transportation will be promoted on the transportation system.
Action 1.8.1) The City will consider traffic circulation safety in the Land Development Regulations.
OBJECTIVE2
To maintain or provide adequate road and transportation system capacity to meet present and anticipated future
traffic needs, coordinated with the future land use map and existing and proposed population, housing, and
employment patterns, and protecting existing and future rights-of-way.
Policy 2.1) Each existing collector and arterial roadway will be examined for its potential for expansion within
existing right-of-way to meet forecasted needs.
Action 2.1.1) The City will enforce minimum right-of-way requirements based upon the Futu re Fu nctional
Classification and Major Thoroughfare Maps. These maps will be coordinated with the Metropolitan Planning
Organization, Lee County, and the Florida Department of Transportation.
Standard 2.1.1.1) Rights-of-way (ROW) standards for new and existing roads are as follows:
Standard 2.1.1.2) Reduced (or expanded) rights-of-way will be considered on a case by case basis.
Policy 2.2) New transportation rights-of-way will be acquired at sufficient widths to ensure that likely future needs
for expansion are met, to the extent authorized by Florida Statutes.
Action 2.2.1) The City will incorporate this provision into its Land Development Regulations by December 31,
2007.
Standard 2.2.1.1) Minimum rights-of-way acquisition standards are defined in Standard 2.1.1.1.
Action 2.3.1) The City will include road construction costs within its five-year Capital Improvements Plan.
Standard 2.3.1.1) In ranking projects for inclusion in the capita l improvements program, the following
factors will be considered:
(a) Safety, quantified using the Equivalent Property Damage Only (EPDO) value identified in the most
recent Traffic Accident Report;
(b) Present Volume, using the most recent Traffic Count Report;
(c) Present Level of Service, using the Present Volume and the Florida Department of Transportation's
Generalized Level of Service Tables using the Present Volume and ART-PLAN, ART-TAB, FREE-TAB,
U2LN-TAB, or UMUL-TAB, or using the "Lee County Generalized Tables and Link Specifi c Service
Volume Tables";
(d) Projected Volume, using volumes produced by the Metropolitan Planning Organization's long
range transportation plan;
(e) Projected Level of Service, using the Projected Volume and the Florida Department of
Transportation's Generalized Level of Service Tables or the Lee County service volume tables;
(f) Network Importance, based on Functional Classification and Hurricane Evacuation data;
(g) High Growth vs. Low Growth, using socio-economic data according to local knowledge;
(h) Service Life of the proposed facility (how long this improvement wi ll last): Widening/new road -
Service Life of 20 years; Signal timing change- Service Life of 3 years; Intersection improvement
(minor)- Service Life of 5 years; Grade separation - Service Life of 15 to 20 years;
(i) Cost, using Florida Department of Transportation cost estimates. If the improvement is an
increment of several projects, do not include previous costs; aRt!,
(j) Reducing level of service deficiencies on backlogged facilities created by capacity expansion
constraints and projects permitted prior to adoption of the Comprehensive Plan~: and
ill Mobility enhancements described in the Downtown Fort Mvers Mobilitv Plan and in
redevelopment plans as adopted, and as may be amended, by the City Council.
Policy 2.4) New roadway corridors will be provided when justified by need, where feasible, and when existing
corridors cannot meet the need.
Action 2.4.1) New corridor construction will be incorporated into the Capital Improvements Program.
Action 2.4.2) Include on the Major Thoroughfare Plan Map, regional corridors consistent with the Southwest
Florida Strategic Regional Policy Plan, the Metropolitan Planning Organization's long range transportation plan,
and the Florida Transportation Plan.
Policy 2.5) Maintain land development regulations to require new development to have an internal traffic
circulation system to serve the traffic generated by the development.
Standard 2.5.1.2) Developments of Regional Impact (DRI) and other developments at the discretion of t he
City may satisfy the adopted Comprehensive Plan's concurrency requirements by the payment of a
proportionate share contribution for local and regionally significa nt traffic impacts of said DRI or other
development, provided that the criteria of Chapter 163.3180(12), Florida Statutes are met. Transportation
projects that qualify for proportionate share contributions/pipelining contributions must be approved by
the City of Fort Myers. Proportionate share contributions may include, but are not necessarily limited to,
cash payments, rightofway, construction, and road impact fee credits, as approved by the City of Fort
Myers. The approval by the City shall specifically include the timing and date of completion of the proposed
transportation improvement, the amount of funding to be approved, the administration of the funds, and
the name of the project to be funded .
Standard 2.5.1.3) Other non-DRI developments may satisfy the adopt ed Comprehensive Plan' s concu rrency
requirements, if consistent with the requirements of the City of Fort Myers Proportionate Fai r-Share
Ordinance.
Policy 2.6) The City will pursue acceptable level of service standards for its road ways, and coordinate the standards
with lee County and the Florida Department of Transportation.
Action 2.6.1) The City will obtain traffic counts and intersection studies to determine current service levels.
Action 2.6.2) The City will continue the interlocal agreement with lee County DOT regarding joint participation
in undertaking traffic counts within the City.
Standard 2.6.3.2) Acceptable levels of service for roadways and intersections within the City of
Fort Myers t hat are Florida Intrastate Highway System (FIHS) roads are:
Statutes.
2 If any portion of 1-75 or an FIHS road is determined to be within a n urbanized area over 500,00 people, based on the
year 2000 Census by FOOT pursuant to applicable rules, then the standard becomes "D" for any such area.
For minimum acceptable levels of service determination, t he peak season, peak hour, peak
direction condition will be defined as the 100th highest volume hour of the year in t he
predominant traffic flow direction. The 100th highest hour approximates the typica l peak hour
during the peak season.
Standard 2.6.3.3) Due to scenic, historic, environmenta l, aesthetic and/ or right -of-way (ROW)
characteristic and considerations, the City has determined t hat certain roadway segments will be
deemed " constrained" and, therefore will not be widened. Reduced peak hour levels of service
will be accepted on those constrained roads as a trade-off for t he preservation of the scenic,
historic, environmental, and/or aesthetic cha racter of the com munity, A maximum volume-to-
capacity (V/ C) ratio of 1.85 is established for the constrained roads. No building permits wi ll be
issued that cause the maximum V/C ratio to be exceeded or that affect the maxi mum V/ C ratio
once exceeded. Permits will be issued when capacity enhancements and operational
improvements are identified and committed for
Action 2.6.4) For constrained roadways, the City shall give priority to those facilities in capita l
improvements programming and other operational consideration such as traffic signal optimization, access
management, on-street parking and loading restrictions, parallel facilities improvements, and the like.
Standard 2.6.4.1) If LOS standards defined in Action 2.6.3 are exceeded; the developer shall
provide the necessary improvements to bring the LOS to the required levels.
Action 2.6.5) For each constrained road, the City will identify operational and capacity enhancement
improvements that can be implemented within the context of the constrained roadway system.
Action 2.6.6) The City shall prepare, or use from a professionally recognized source, future level of service
analyses based on the most recent edition of the Highway Capacity Manual o r an equivalent source.
Standard 2.6.5.1) Level of service analyses should reflect City of Fort Myers, Lee County, MPO or
FDOT traffic counts and projections.
Action 2.7.1) No development will be allowed access to roadways functioning at inadequate levels of
service, except as otherwise provided herein.
Action 2. 7.2) Traffic impact analyses and levels of service determinations shall be required for all rezoning,
site development plan approval, comprehensive plan amendments that impact traffic, annexations, and
concurrency applications. The most current methodologies and criteria reflective of sound engineering and
planning practices shall be used.
Standard 2.7.2.1) The requirements and scope of the required traffic impact analysis and
statement shall be defined in the City's Land Development Regulations.
Action 2.7.3) Transportation concurrency will be determined on a roadway segment basis or unless it is a
master study approved by the City Council, consistent with the level of service standards identified above,
except where the City has designated constrained roads, created transportation concurrency management
areas, transportation concurrency exception areas, or long-term transportation management systems.
Action 2.7.4) Maintain Land Development Regulations to include participation in the Lee County Road
Impact Fee program. Explore with Lee County the potential for expanding the road impact fee program to
broaden allowable expenditures to include alternative modes of travel, including public transit and bicycle
and pedestrian facilities, and other mobility improvements.
Policy 2.8) Constrained roadways shall receive priority for: (a) Mass transit routes; (b) Alternate mode facilities
(bicycle/pedestrian); (c) Improvements to alternate or parallel roadways; (d) traffic operations improvements; (e)
turn lane improvements; and (f) "Soft" improvements such as ridesharing and staggered work-hour programs.
Policy 2.9) Land use and traffic circulation patterns will relate to the designated functional classification of each
roadway.
Action 2.9.1) Preserve the through-traffic functions of arterials and collectors by maintaining in the Land
Development Regulations provisions for access management.
Action 2.9.2) Implement access management provisions through the site plan review permitting processes.
Standard 2.9.2.2) Frontage or access roads will be used on newly developing arterials or collectors
when the improvement will enhance traffic circulation patterns.
Standard 2.9.2.3) On-street parking w ill not be allowed on arterials or collectors, except in the
mobility area as shown in Map H. tt:le Oewntewn Reelevele13R'lent Area.
Standard 2.9.2.4) Driveways to single residential buildings of two dwelling units or less on local
streets may be spaced closer than the connection spacing requirements specified above for local
streets. Where residential lots are proposed for a subdivision on arterial or col lector streets, the
City may authorized lesser separation distance if joint access agreements are provided to maximize
driveway connection separation distances. On local streets, where frontage dimensions of existing
platted commercial or industrial lots do not accommodate required connection separation
distances, the City will assign the access point(s) to accommodate spacing and safety concerns.
Standard 2.9.2.5) The above minimum connection separation standards do not apply to roads
determined by the City of Fort Myers City Council and I or the Lee County Board of County
Commissioners to be controlled access roads with designated access points. Access on those
roadways are identified on an access management plan. Those roads include, but are not limited
to, the following:
County Roadways
a) Treeline Avenue
b) Summerlin Road
c) Six Mile Cypress Parkway
d) Daniels Parkway
Standard 2.9.2.6) Access for all uses located on County roads within the City limits shall comply
with the County access management standards.
Standard 2.9.2.7) Access for all uses located on State highways I roadways with in the City limits
shall comply with the Florida Department of Transportation access management standards.
Action 2.9.3) Preserve the local access function of local streets through development review.
Standard 2.9.3.1) Access point spacing on other than single-fam ily local streets shall be a minimum
of 125 feet.
Action 2.9.4) Re-establish the local access function of local, single-family, streets through public
improvements utilizing Transportation System Management measures.
Action 2.9.5) Encourage local traffic to utilize Ortiz Avenue, Six Mile Cypress Parkway, Treeline Avenue,
Forum Boulevard, and VeronicaS. Shoemaker Boulevard for local trips instead of Interstate 75.
Action 2.9.6) The Functional Classification and Thoroughfare Plan Maps will be consistent with lee County
and coordinated with the Florida Department of Transportation.
Policy 2.10) Streets may be retained as private roads provided a homeowners association or other entity is
established to maintain said facilities.
Action 2.10.1) The City will adopt and enforce standards for construction and repair of private roads.
Policy 2.11) All development impacting McGregor Boulevard, other constrained roads, reaes iR tRe QewRtewR
ReeeelepmeRt Area, or roads in any transportation concurrency management or exception area that may be
established by the City shall mitigate their traffic impacts.
Action 2.11.1) Mitigation shall be outlined in the traffic impact statement and may include direct physical
improvements or indirect improvements of an equal monetary value as deemed warranted by the City
Council policy at that time.
Action 2.11.2) The developer shall provide the necessary improvements to mitigate the development's
impacts.
Action 2.11.3) Development impacting the mobility area. as shown in Map H, shall mitigate its traffic impact
using the mobility strategies described in t he Downtown Fort Myers Mobility Plan. Mitigation should be
proposed in the development's traffic impact statement and may include physical improvements or other
mobility measures deemed appropriate by the City at the time of development approval.
Action 2.11.4) Consistent with Future land Use Element Action 1.7.7, all new developments shall address
multi-modal transportation strategies as described in the Downtown Fort Myers Mobility Plan and as
implemented through the land Development Code.
Action 2.11.5) Consistent with Future land Use Element Policy 1.9, any surplus density/intensity (including
height) beyond what is allowed by right. is subject to a community benefit requirement. which may be used
Policy 2.12) Development or redevelopment taking place in the mobility area, as shown in Map H. is exempt from
any concurrency requirement that would otherwise prohibit or restrict development based on inadequate levels of
service on roadways. This exemption will ensure that development or redevelopment that otherwise carries out key
city goals and policies can proceed . The City of Fort Myers has determined that. instead of widening roads to enhance
mobility in downtown Fort Myers, mobility will be enhanced through a coordinated series of measures as described
in the Downtown Fort Myers Mobility Plan and summarized under Objective 11.
OBJECTIVE3
To promote energy-efficient designs in transportation systems and facilities, thereby reducing air pollution, and
reducing per capita energy use and fossil fuel use below 2000 levels.
Policy 3.1) Transportation system intersections will be designed and upgraded to prevent unnecessary traffic delays.
Action 3.1.1) The City of Fort Myers Public Works Department maintains a prioritized list of intersection
improvements based upon the results of intersection studies.
Policy 3.2) The City will promote transportation improvements which are more energy efficient in construction,
operations, and maintenance than other alternatives.
Action 3.2.1) The City will incorporate this consideration in its transportation improvement programming.
OBJECTIVE4
The City will ensure adequate parking aA~ pe~estFiaA spa'e within the Downtown Redevelopment Area.
Policy 4.1) The City will promote an increase in the number of parking spaces aaila91e within the Downtown
Redevelopment Area to be consistent with the adopted Downtown Fort Myers Plan.
Action 4.1.1) The Fort Myers Redevelopment Agency will monitor development within the Dewntewn
Reae,eleJ3mentMobility Area, shown in Map H. and together with the City will promote additional public
and private parking spaces as necessary.
t\etien 4.1.2) In eraer te ens~:~re tl:lat tf.:le n1:1meer ef 13arking Sflaees witl:lin tf.:le De.vnte\\'n Reaeele13ment
1\rea keeJ'IS J'I3Ee witf.:l tRe leel ef EleeleJ3ment, tRe City will aaef)t a Elewntev.'n J3arking master J3lan ey
-2008.
Policy 4.2) The City will take an active role in providing adequate parking for the Dewntewn Reaevele13ment Mobility
Area, shown in Map H. as stated in the Downtown Fort Myers Plan and Central Redevelopment Plan .
Action 4.2.1) The City shall review and implement appropriate recom mendations from the parking study
performed in 2006 for the Downtown Redevelopment Area and shall perform parking study updates for
Downtown and Central Redevelopment Areas in order to provide adequate parking for th e areas deemed
insufficient.
Peli'Y 4ui) Aeeess te tRe Dewntewn ReaeeleJ3ment 1\rea will eentin1:1e te ee J3reiaea te J3eaestrians ey tf.:le
enf.:laneea system ef siaewalks aefinea fer in tf.:le Dewntewn Fert Myers Plan. [now addressed under Objective 11
below]
StaAElarel 4.3.1.1) TRe 13~blie rigf:lts ef way witf:l iA tf:le DewAtewA Reele;elej3A'IeAt Area will
eeAtiA~e te be iA'Ij3reveel iA aeeerElaAee witf:l tRe aelej3teel streetsea13e eataleg. [now addressed
under Objective 11 below]
Policy 4.14) Available parking lots and/or garages shall not be concentrated in one area of the Downtown
Redevelopment Area .
Action 4 ..2_4.1) The potential location of parking lots and/or garages for the Downtown Redevelopment
Area shall be studied in order to provide parking for all areas and to eliminate the concentration of parking
in a limited area (i.e. two or three block area).
t".etieA 4.4 .2) Tf:le Cit( w ill ~Aelertake a trelley feasibilit't' st~Ely by Deeeffiber 31, 2007 a REI if sf:lev>'A te be feasible
a trellef systeffi will be iA'Ij3leA'IeAteel te 13reiele aeeess te aAEl are~AEl tRe DewAtewA Reeletelej3A'IeAt Area. A
j3FiA'Iary ebjeetive ef tl:le trelley systeA'I sl:lall be te j3re1iele aeeess freffi 13arkiRg areas iA tl:le friAge areas iAte aAEl
are~AEl tf:le DewAtewA Area. {this subject is now being addressed under Objective 11]
OBJECTIVES
To preserve the integrity and quality of residential areas, major activity centers, and recreational and
environmental resources.
Policy 5.1) Proposed transportation improvements will be coordin ated w ith existing land uses and the Future Land
Use Map.
Action 5.1.1) Changes to the Future Roadway Facilities and Classification s- 2030 (Map F) that would change
proposed rights-of-way requirements will be developed in accord with adjacent land uses as well as in accord
with the City's overall needs.
Action 5.1.2) No new transportation corridors or improvements wi ll be permitted that wou ld preclude those
indicated on the Major Thoroughfare Plan 2030 (Map G). Any proposed amendment to the Thoroughfare Plan
must be con sistent with all Traffic Circulation policies as well as other Comprehensive Plan Elements.
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Action 5.2 .1) In particular, there shall be no new street connections, road connections, road intersections,
or the widening of any existing intersections and no overpasses or underpasses made eit her with, under,
or over McGregor Boulevard or any alteration of the physical dimensions, appearance, or location of t his
corridor except as follows:
(a) Bicycle paths, the construction of which does not require the removal of any palm tree;
(b) Construction by owners of property or easements abutting this corridor of driveways or other
such minor entrance s and exits to McGregor Boulevard . Should such construction requ ire the
removal of a living palm, the effected palm shall be relocated;
(c) The ordinary maintenance and repair of the road, provided the physica l d imensions and
location of the road are preserved;
(d) Any work that is necessary for the public health or safety as determined by th e agency having
j urisdiction of the land area surrounding the portion of t he road involved;
(e) The establishment of three-lane turn intersections, if such can be accomplished without the
dislocation of immediately bordering palm trees, or can be accomplished by tra nsplanting the
effected trees to conform with the revised intersection design;
(f) Be consistent with the land Use, Conservation and Coastal Management, Commun it y
Appearance, and Historic Preservation Elements; and,
(g) The establishment of roundabouts at "key" intersections, such as McGregor Boulevard and
Virginia Avenue, provided that they can be accomplished without the dislocation of immediately
bordering palm trees, or can be accomplished by transp lanti ng the effected trees to conform with
the roundabout design.
Policy 5.3) Transportation improvements proposed in or near residential areas will conta in appropriate mitigation
measures.
Action 5.3.1) No transportation corridors/improvements will be permitted that would, due to it s nature as
a limited access facility, force local traffic on the existing corridors to seek alternate routes through
established residential neighborhoods.
Action 5.3.2) This policy will be incorporated into the Development Regulations; other mitigation measu res
that will be considered include special traffic control, heavy vehicl e limitations or prohibitions, additional
buffering for noise or aesthetics, and additional pedestrian considerations.
Action 5.3.3) The City will evaluate and, if determined to be feasible, implement traffic ca lming measures
in neighborhoods, wh ich are experiencing excess pass-through t raffic. Such t raffic calming measures could
include, but are not limited to: street closures, speed bumps/ tables, roundabouts, and/ or increased
enforcement, when such measures are
Pali&'/ 5.4) TraASJ:3ertatieA iFAJ:3reveFAeAts tRat ceAflict witR tRe CRarlette lolareer CeFAJ:3FeReAsive CeAservatieA
MaAageFAeAt PlaA will Ret ee J:3F8FAeteeL
ActieA S.4.1) TRe CeFAFAI:IAity DeveleJ:3FAeAt Directer, er Ris/Rer elesigAee, will reiew all J:3FSJ:3esals te eAs~:~re
ceAsisteAcy.
OBJECTIVE6
To coordinate and obtain the cooperation and active participation of all responsible governments (including the
Metropolitan Planning Organization, lee County and the Florida Department of Transportation) in the
implementation of the ~2040 Metropolitan Planning Organization's long range transportation plan.
Policy 6.1) All proposed major transportation improvements within the Metropolitan Planning Organization~
2040 Transportation Plan, including all improvements which extend beyond the limits of the City, will be coordinated
with the other affected jurisdictions prior to City approval of the improvement.
Action 6.1.1) The City will participate in the committees of the Metropolitan Planning Organization to
ensure this policy is met.
Policy 6.2) The City will actively participate in the development and review of transportation improvements
proposed by other jurisdictions.
Action 6.2.1) The City will participate in the Lee County Metropolitan Planning Organization's PlaAAiAg
Technical Advisory Committee to ensure that this policy is met.
Policy 6.3) The City will consider the rankings of the Metropolitan Planning Organizations ~2040
Transportation Plan when programming transportation improvements into the Capital Improvements Program to
provide for a transportation network which functions at acceptable levels of service.
Action 6.3.2) Transportation network improvements will be considered if cost feasible based on revenue
projections.
To increase the mobility opportunity of the transportation disadvantaged, and promote efficient public transit
services.
Policy 7 .1) Those City operations which are open to the public will be designed to be accessible to the transportation
disadvantaged and others, in accordance with the Americans with Disabilities Act (ADA).
Policy 7.2) The number of trips provided for transportation disadvantaged cit izens sh ould be increased above 2000
levels by the year 2010.
Action 7.2.1) Coordinate with the design ated official Planning Agency for the Transportation Disadvantaged
Program (Lee County Metropolitan Planning Organization) and the Community Tran sportation Coordinator
to assist or facilitate in planning and increasing ri dership above 2000 levels.
OBJECTIVES
To minimize total costs of the transportation system in a manner consistent with system performance objectives.
Policy 8.1) Cost effectiveness analysis will be part of the review procedure for any transportation improvement.
Policy 8.2) Less costly alternatives, including other mode alternatives, will be a part of the review procedure for any
transportation improvement.
Action 8.2.1) The Public Works Department shall incorporate the above two policies within its review
procedures.
OBJECTIVE9
To make efficient use of the existing capacity of the transportation system before investing in additional facilities.
Policy 9.1) Car pooling, staggered work hours, park and ride, and other capacity-increasing techn iques will be
promoted for use and considered as ways for efficient use of parking and the transportation system in t he Downtown
Redevelopment Area.
Action 9.1.1) The City shall incorporate these concepts in the evaluation of tra nsportation improvements
for the Downtown Redevelopment Area.
Policy 9.2) Transportation System Management improvements will be examined and budgeted.
OBJECTIVE 10
ERee1:1rage tl=le Lee Ce~:~Aty Metre~elitaA PlaAAiAg OrgaAizatieA te elevele~ Elata aAel aAalysis s~:~ffieieAt te s1:1~~ert
remeviAg tl=le east west eRe way ~air (First Street I SR 8Q aAel SeeeAel Street) frem tl=le leAg raAge traAs~ertatieA
~laA witl=liA tl=le City ef Fert Myers. P91iG'f :1.0.:1.) The City will promote aA alternative method~ for assessing and
meeting determiRiR8 long-range transportation needs.
Policy 10.1) The City will work with the Lee County Metropolitan Planning Organization to develop data. analysis,
and plans supporting the following important priority of the City of Fort Myers:
Restoring two-way travel on East First Street/SR-80 and Second Street in place of the existing east-west one-way
pair.
~ ResteriAg twa wav tra~el eA tl=le Nerti=I/Sel:ltA eerrielers ef Fewler Street aAel EvaAs Street/Park AveAI:Ie.
(scrivener's note: recommended for deletion by Planning Board on March 1, 2017)
Policy 10.2) The City will actively participate with the Lee County Metropolitan Planning Organization in developing
and analyzing alternative land-use scenarios that would reduce vehicle trips and trip lengths while increasing transit
viability. The selected land-use scenario will be used by the MPO when creating its long-range transportation plan
for the year 2045. which will be completed by 2020.
AetieA lQ.l.l) Tl=le City will reEl1:1est tl=le Metre~elitaA PlaAAiAg OrgaAizatieA Teei=IAieal Aelvisery Cemmittee aAel
teei=IAieal staff te ceAsieler tl=le fellewiAg alterAative metl=leels fer ~rejeetiAg IeRg raAge traAs~ertatieA Aeeels :
(a) TraAs~ertatieA Aeeels easeel eA El:lrreAt year elefieieAeies SAel:llel ee easeel eA Cl:lrFeAt year traffic
aAal;sis zeAal Elata te test alterAative actieAs te eerreet e11istiRg elefieieAcies;
(e) TraAs~ertatieA Aeeels fer fiye year ferecasts SAel:llel ee easeel 9A eMistiAg aAel C9FAFAitteel traAs~ertatieA
AetweriEs testeel witl=l seeie eeeAemic Elata ferecasts fer eacl=l fi'.e year iAcremeAt; aAel,
(e) TraAs~ertatieA Aeeels fer teA aAel tweAty 'tear ferecasts SAel:llel ee easeel eA lew, FAeelii:IFA, aAel RigA
~rejectieAs ef secie eceAemic Elata te eletermiAe traASf3ertatieA Aeeels.
OBJECTIVE 11
To enhance mobility in Downtown and Midtown South Districts by emphasizing multi-modal transportation
alternatives and minimizing further widening of streets.
Policy 11.1): The City of Fort Myers will enhance mobility in Downtown and Midtown South Districts through a
coordinated series of measures as described in the Downtown Fort Myers Mobility Plan, some of which are
highlighted in this element.
Policy 11.2) ActieA 4.4.2) Tl=le City wiiii:IAdertake a trellet feasibility Stl:ldy ey Oecemeer 31, 2QQ7 aAd if sl=lewA te
ee feasible a trelley s;stem Beginning in 2012, trolley service will be implemented on a t rial basis to provide access
tea Rei are1:1Rel tl=le Oe'A'AtewA Reele;ele~FAeAt /\rea within the mobility area. as shown in Map H. If successful, the
City will seek continuing sources of funding to provide on -going service. A ~rimary eejective ef tl=le trelley system
shall ee te ~revide access frem ~arkiAg areas iA tl=le friAge areas iAte aAd are1:1Rd tl=le OewAte.vA Area.
Policy 11.4): The City will expand bike parking within the mobility area, as shown in Map H. to encourage bicycle
usage by providing alternatives to chaining bikes to street trees or lampposts. Bicycle parking facilities inside parking
garages would encourage bicycle commuting by providing longer-term, weather-protected bicycle parking.
Policv 11.5): The City will strive to maintain the mobility area, as shown in Map H. as one of the best pedestrian
environments in southwest Florida. Pedestrian crossings will be enhanced to improve safety at key intersections and
cross-walks.
Action 11.5.1) The City of Fort Myers and the Fort Myers Redevelopment Agency will continue to
implement the streetscape improvement plan as adopted, and as amended from time to time, in
conjunction with the Downtown Fort Myers Plan .
Action 11.5.2) The public rights of way within the mobility area, as shown in Map H. will continue to be
improved in accordance with the corresponding streetscape improvement plans as adopted, and as
amended from time to time.
Policy 11.6): The City will work to extend the downtown Riverwalk westward to the Edison-Ford Winter Estates and
eastward to the Tarpon Street Pier. These extensions will be accomplished through a combination of development
regulations, conditions on discretionary approvals, leasing of submerged lands, agreements with landowners, and
construction on city-controlled properties. The City's development regulations shall be amended to require the
Riverwalk and/or a public esplanade from Billy's Creek to the Tarpon Street Pier and to remove the standard
requirement for an undisturbed native-vegetated buffer where the Riverwalk or public esplanade will be built.
Policy 11.7): The City will maximize the use of the Caloosahatchee River for water transportation by continuing to
maintain and improve the Yacht Basin and by considering leasing city-owned submerged land for private marinas.
Policy 11.8): The City supports the establishment of private water taxis and shuttles which would combine mobility
with recreation and wildlife viewing. Potential stops include the Yacht Basin, Legacy Harbor Marina, Edison I Ford
Winter Estates, the Oa sis towers. and sites outside downtown. The City will consider waiving any requirements for
on-site parking for such facilities.
Policy 11.9): The City will strive for every street within the mobility area, as shown in Map H. to be a complete
street that accommodates multiple travel modes and is safe, comfortable, and accessible to those of all ages and
abilities.
Policy 11.10): The Downtown and Midtown South Districts have a well-developed grid of streets, nearly all of which
have been restored to two-way travel. This pattern is conducive to walking and bicycling and spreads vehicular travel
across the entire grid rather than forcing it to travel on a few major streets. The street system can function even
better for private and transit vehicles with certain additional improvements, such as restoring two-way travel on
First Street and Second Street, adding roundabouts at complex intersections, removing unnecessary traffic signals,
reconnecting Market Street across the railroad tracks, and providing alternative travel paths for vehicles now
dependent on Dr. Martin Luther King Jr. Blvd. through downtown.
Policy 11.11): The City supports transit-oriented development that can take full advantage of existing transit service.
The City also supports transit-ready development. walkable concentrations of housing and jobs that are situated and
designed to accommodate transit when it becomes available. Transit-ready development typically begins with
surface parking that is laid out so that parking can be reduced or converted into parking structures as transit arrives
and the mix of uses reduces travel demand.
MEMORANDUM
To: Laura DeJohn
Purpose
The purpose of this memorandum is to address potential impacts to the transportation system for
the areas of Fort Myers associated with the proposed Downtown and Midtown Surplus Density
Program. The Density Surplus Program applies to the Downtown future land use category (also
the Downtown Community Redevelopment Area) and the proposed Midtown South future land
use category (also a portion of the Central Community Redevelopment Area). A review of the
Surplus Density Program as it relates to transportation policy, level of service, and mobility is
summarized below. Recommendations for amendments to the Transportation Element and
Concurrency Management System Element of the Comprehensive Plan are provided under
separate cover to be considered for consistency of transportation related policies with proposed
future land use policies. The objective for these recommendations is to further Comprehensive
Plan Policy 1.7, which seeks to make Downtown the pre-eminent regional mixed-use
development center through accommodating development at increased density and intensity
levels within Downtown and Midtown South.
General
A safe and functional transportation system is critical for the health of any community.
Traditionally the State of Florida mandated a concurrency model to regulate development such
that growth could only occur when and where sufficient capacity was available on existing
roadways. The concurrency model is effective in some situations, but had adverse impacts in
others. One of the drawbacks is that concurrency relies on the premise of maintaining an
acceptable "Level of Service" (LOS), a predetermined level of acceptable traffic congestion that
considers only vehicular trips. This may be a valid approach in suburban and rural locations
where personal vehicles are the predominant mode of travel. However, in urban areas like
Downtown Fort Myers, the higher density and intensity levels combined with traditional gridded
street pattern makes alternate modes of travel such as walking, bicycling and transit more
feasible.
The conventional concurrency model would suggest no more development could occur in an
urban area when vehicular congestion at peak hour on an impacted street reached a
predetermined volume level, when in fact alternate modes of travel may be viable to satisfy the
mobility needs. In this manner, we see development get pushed away from the urban cores to
greenfields where LOS is available, which may ultimately exacerbate urban sprawl and
compound regional traffic issues. Rather than push the problem elsewhere, it is beneficial to
expand and maximize the use of potential multi-modal options within the urban core area. This is
more of a market responsive approach. In order to concentrate, residents and businesses in the
Downtown core of the city as suggested in Policy 1.7 of the Comprehensive Plan, the necessary
redevelopment activities must be allowed and fostered.
Because the concurrency model was proven unsuccessful as a "one size fits all" approach, the
mandate for transportation concurrency was eliminated by the Community Planning Act of 2011
(HB 7207). The elimination of the mandate leaves it up to the local government to resolve
whether it will or will not continue to implement concurrency policies through the
Comprehensive Plan. Though a concurrency exception area was the subject of the Downtown
Fort Myers Mobility Plan dated August 14, 2013 prepared by David Plummer & Associates
(hereinafter, the "20 13 Mobility Plan"), the City' s Comprehensive Plan has not been amended to
except or exempt any areas from its established concurrency policies. Only some relief from the
full concurrency requirements is granted for constrained roadways by Standards 2.2.8.5 and
2.2.8.6 of the Concurrency Management System Element and Standard 2.6.3.3, Action 2.6.4,
Action 2.6.5 and Policy 2. 7 of the Transportation Element. Under Policy 2.11, those roads
identified as constrained roadways and streets in the Downtown Redevelopment Area are subject
to mitigation requirements to remedy impacts as identified through a professional traffic impact
statement. Mitigation is either physical improvements or monetary payment of an equivalent
value as deemed warranted by City Council policy.
Analysis
Many urban areas experience traffic demands that exceed standard levels of service that are
typical of suburban areas. The center of Fort Myers is no different. With limited available right
of way, addition of vehicular travel lanes is simply not practical. The Comprehensive Plan
acknowledges the trade-off with the preservation of the scenic, historic, environmental, and/or
aesthetic character of the community and provides exception for "Constrained Roads" as
outlined in Standard 2.6.3.3. In these locations, a maximum volume-to-capacity (V/C) ratio of
1.85 is implemented.
Unlike other infrastructure parameters, such as utility plant capacities, there is not a specific
transportation based "ceiling" on development in urban areas. The reason for this is that there
are, in dense urban areas, potential and viable alternatives to traditional vehicle transportation.
There are other options when automobile traffic gets bad. For transportation concurrency
formulas, the ceiling is a self-defined parameter. In reality, the ceiling is based on what the
community will accept. How important is it to have traffic free flowing at all times? The
objectives enumerated under Policy 1.7 aim to make Downtown Fort Myers a regional hub of
activity, and this puts a higher priority on market responsive policy making to satisfy demand for
the convenience of downtown living and the opportunity of downtown commerce, and less
priority on service levels that will restrict development in exchange for free flow of automobile
traffic. Relieving the concurrency requirement is the primary consideration from a transportation
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perspective in any effort to develop and redevelop Fort Myers' central urban area as a pre-
eminent regional mixed-use development center.
In conjunction with the proposition of the Surplus Density Program, it is prudent to explore
multi-modal options to first maximize mobility within the Downtown area. The 2013 Mobility
Plan puts forth "land use and multimodal transportation strategies and measures to reduce
reliance on the automobile, foster alternative modes of transportation and, in this way, reduce
traffic and parking needs." The 2013 Mobility Plan is for an area that includes Downtown and
the proposed Midtown South future land use designated areas. Incorporating input from a public
workshop held on March 20, 2012, the 2013 Mobility Plan provides specific recommendations in
the areas of complete streets, road and intersection improvements, bicycle and pedestrian
facilities and services, transit facilities and services, waterways and land use. There are also
recommended potential funding mechanisms outlined for the proposed improvements.
Recommendations
The 2013 Mobility Plan sets forth the data and analysis that supports the proposed Downtown
and Midtown Surplus Density Program.
Highlights of the actions to implement transportation related policy for consistency with the
Downtown and Midtown Surplus Density Program are summarized below:
l) Establish "Mobility Fund" per 2013 Mobility Plan - The Transit funding that is
established in the Smart Code needs to be expanded to address mobility needs. The
Mobility Fund shall be used to supplement other City funding to provide and perform the
specific improvements prioritized in the 2013 Mobility Plan.
2) Maintain the 2013 Mobility Plan - The specific recommendations should be updated on
a regular basis to maintain the accuracy of traffic data, infrastructure improvements, and
development and redevelopment activity.
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Attachment No. 1
There are various potential improvements that may improve the overall Downtown and Midtown
transportation network. A key tenet in this program is to explore non-roadway improvements but
that does not necessarily preclude more traditional roadway improvements being utilized,
perhaps in conjunction with other measures, to enhance overall mobility. This program simply
suggests that mobility should not be completely reliant upon roadway capacity and Level of
Service (LOS) measures.
Below is a list of potential mobility improvements, many of which are proposed in the 2013
Mobility Plan. The overall effectiveness, location and priority of such measures will change with
time and should be addressed in subsequent updates of the Mobility Plan. The City' s Complete
Streets Manual also provides guidance and recommendations on mobility enhancements.
Turn lanes
Access management
Roundabouts
Signal Improvements
Signal Timing Optimization
Signal Timing Coordination
Streetscape Improvements
Signing and Marking
Bicycle and Pedestrian Facilities - By providing more bicycle and pedestrian facilities and
improving the connectivity and safety of existing facilities you can encourage more bicycle and
pedestrian traffic. Options include:
New Sidewalks
New Bike Paths
New Multi-Use Paths
Existing Facility Improvements
Signing and Marking
On-Road Bike Lanes
Bike Racks
Bike Sharing Program/Docking Stations
Complete Street Enhancements
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Pedestrian Crossings
Pedestrian Signal Improvements
Public Transit - Improving public transit options and operational efficiency can make transit a
more desirable option thus reducing dependency on vehicular traffic. Options include:
Larger policy level land use, planning and funding options should also be considered for long-
term mobility needs. These policies should be considered and evaluated for consistency with
City goals as part of subsequent revisions to the Mobility Plan.
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AGENDA 20
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
FUNDING SOURCE: N j A
FISCAL IMPACT: N j A
WHAT ACTION ACCOMPLISHES: Approves the Five Year Consolidated Plan, Citizens
Participation Plan 2015-2019.
HUD replaced the An alysis of Impediment to Fair Housin g Choice with the Assessment of Fair
Housing to aid in the development of robust community planning informed by fair housing.
HUD provides states and local jurisdictions receiving direct CDBG funding with a clear
definition of what it means to affirmatively further fair housing using a sta ndardized
assessment process with supporting d a ta a nd guidance .
The revised Citizen Participation Plan includes the replacement of the Analy sis of Impediments
to Fair Housing Choice with the Assessment of Fair Housing public input process. The draft
Citizen Participation Plan was available for the public to review and comment during a 30 day
period from February 24, 2017, through March 27, 2017. No comments were received during
the 30 day comment period . Any comments and responses received during the public meeting
will be incorporated in th e final document submitted to HUD.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony. Henderson
City of Palms
Prepared by:
City of Fort Myers
Community Development Department
1825 Hendry Street, Suite 101
Fort Myers, Florida 33901
Pursuant to regulations of the United States Department of Housing and Urban Development
(HUD) emanating from the Housing and Community Development Act of 1974, 1987 and 24 CFR
Part 91 .100 - Citizen Participation and Consultation , the City of Fort Myers has created a Citizen
Participation Plan to incorporate provisions that affect the Community Development Block Grant
(CDBG) program . It contains five sections:
Access to records
Complaints
The purpose of the Citizen Participation Plan is to identify and set forth guidelines that the City of
Fort Myers Community Development Department will follow to ensure that citizens of Fort Myers
are adequately aware of programs/activities that are funded by the United States Department of
Housing and Urban Development (HUD). The Citizen Participation Plan will address the time
frame and manner citizens will be informed and encouraged to participate in the planning process
for the expenditure of Community Development Block Grant (CDBG) funds. This plan will also
address how citizens will participate in the development of the Five Year Consolidated Plan,
Assessment of Fair Housing, Annual Action Plan, and the Consolidated Annual Performance and
Evaluation Report (CAPER).
The Consolidated Plan is a five year plan that discusses strategies to address community
needs, priorities, and proposed activities. The plan is due August 15 every five years.
The Assessment of Fair Housing is a five year plan that outlines strategies to affirmatively
promote equal housing opportunities throughout the City. The plan is due August 15
every five years.
The Annual Action Plan is a yearly update of the Consolidated Plan where specific
projects are identified for that fiscal year funding. The plan is due annually by August 15.
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homeless data, and other information pertinent to that fiscal year. The plan is due
December 31.
Consultation Activities
The City of Fort Myers Local Affordable Housing Advisory Committee will provide comments on
the draft City of Fort Myers Five Year Consolidated Plan and the Annual Action Plan, including
needs and proposed strategies, actions, and projects. Additionally, the City will inform public and
private agencies that provide housing, health, and social services information about community
meetings and public hearings.
The City of Fort Myers urges citizens to voice their concerns and share their ideas concerning the
programming of Federal funds. The City welcomes comments and suggestions regarding the
Citizen Participation Plan, Consolidated Plan, Annual Action Plan , and the Consolidated Annual
Performance and Evaluation Report (CAPER).
To encourage citizen participation, the City of Fort Myers will undertake the following activities
each year:
Hold at least two public hearings/meetings during the program year to garner citizen
comments on the needs, strategies, actions, projects, and performance
Offer a comment period , not less than thirty (30) days, on the draft versions of the City of
Fort Myers Consolidated Plan, Assessment of Fair Housing, Annual Action Plan, and
CAPER
Distribute copies of the draft of the City of Fort Myers Consolidated Plan, Assessment of
Fair Housing, Annual Action Plan, and CAPER for citizen review
Publish copies of the Consolidated Plan, Assessment of Fair Housing, Annual Action,
and CAPER on the City of Fort Myers Housing website
A more detailed description of the citizen participation activities are found below:
Public Hearings
The City of Fort Myers will hold at least two public hearings per year to obtain City Council and
public comments on needs, strategies, actions, projects, and performance. One Public Hearing
will be held prior to submittal of the Annual Action Plan and the other prior to submittal of the
CAPER. Additional Public Hearings may be held if an amendment is needed. Comments from
individuals or groups received in writing or at the public hearing will be considered and included in
the plans .
Public Meetings
The City will work with community and neighborhood-based organizations to foster citizen
involvement of the residents they serve. The City hold meetings in the neighborhoods of the City
Census Tracts primarily served with CDBG funds. To encourage the participation of public
housing residents, the City will notify the City of Fort Myers Housing Authority about the meetings,
and hold at least one hearing in a public housing community or in a place convenient to one or
more public housing communities. Subrecipients are required to attend public meetings and
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public hearing if warranted . Comments from individuals or groups received in writing or at the
public meeting will be considered and included in the plans.
The City will hold the first round of public meetings (including the required public hearing) no later
than a month before the City of Fort Myers Consolidated Plan (including the Annual action Plan)
and Assessment of Fair Housing is due to be submitted to the U.S. Department of Housing and
Urban Development. Subrecipients are required to attend Public Meetings.
The amount of assistance the City expects to receive in the coming program year for the
CDBG program , including program income
The range of activities that may be undertaken, including the estimated amount that will
benefit low-and moderate-income persons
The five-year strategies in the Consolidated Plan designed to address priority needs
The City will hold the second round of public meetings (including the required public hearing) no
later than a month before the Fort Myers Consolidated Annual Performance Report (CAPER) is
due to be submitted to the U.S. Department of Housing and Urban Development. Subrecipients
are required to attend Public Meetings.
The amount of assistance the City received for the CDBG program (including program
income) during the previous program year.
The five-year strategies in the Consolidated Plan and Assessment of Fair Housing
designed to address those needs.
The progress made carrying out the activities and projects in the previous year's Annual
Action Plan .
The City will hold public meetings at times and locations convenient to potential beneficiaries, and
with accommodation for persons with disabilities. Formal public hearings will be held during City
Council meetings in the City Hall.
The public hearing notice will request persons with disabilities and persons in need of
transportation assistance to notify the City so that it may make appropriate arrangements. When
the City expects a significant number of non-English speaking residents to attend, a translator
may be available, upon request, if one is available. For special requests, residents may contact
HRE at (239) 321-7968 with any requests .
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Public Comment Period
To provide citizens with more opportunities to provide input into the Citizen Participation Plan,
Five Year Consolidated Plan , Assessment of Fair Housing, Annual Action Plan and CAPER, the
City will provide the following public comment periods:
Citizens may comment on the Citizen Participation Plan for 30 days, sometime prior to
Public hearing
Citizens may comment on the Five Year Consolidated Plan for 30 days, sometime prior
to Public hearing
Citizens may comment on the Annual Action Plan for 30 days, sometime prior to Public
hearing
Citizens may comment on the Consolidated Annual Performance and Evaluation Report
for 30 days, sometime prior to Public hearing
Write to "Citizen comments," care of City of Fort Myers Housing and Real Estate Division,
1825 Hendry Street, Suite 101 , Fort Myers, FL 33901 (citizens may also drop off
comments to this address)
Attend the public hearing and public meetings described above. The participation of all
citizens, including minorities and non-English speaking persons, persons with disabilities
and residents of public and assisted housing developments is strongly encouraged
The City will provide citizens with reasonable opportunities for public comment. The City will
advertise a public notice concerning the availability of these documents in the public notice
section of the local newspaper and other neighborhood/local newspapers (if available) the first
day of the public comment period .
The City will make copies of plans available at its Community Development Department office,
City website and at the following library locations:
Fort Myers- Lee County Public Library, 2450 First Street. Fort Myers, Florida
Dunbar Jupiter Hammon Public Library, 3095 Blount St. Fort Myers, Florida
Upon request, the City will make the Five Year Consolidated Plan and Assessment of Fair
Housing available in a format accessible to persons with disabilities. Persons with a hearing
impairment may call (239) 332-2541 . Non-English speaking residents and sight-impaired
individuals may call City of Fort Myers at (239) 321 -7035 to arrange for translated material.
Within the Five Year Consolidated Plan, Assessment of Fair Housing, Annual Action Plan and
CAPER, HRE will include a summary of citizen comments regarding each document and its
response to them .
The Consolidated Plan regulations (91 .505) require City of Fort Myers to amend its approved
Consolidated Plan whenever it makes one of the following decisions:
5
1. To change allocation priorities or change the method of distributing funds that was not
previously discussed in the Consolidated Plan .
2. To carry out an activity, using CDBG (including program income), not previously
described in the Annual Action Plan.
Upon completion, the City will make the amendment public and will notify HUD that an
amendment was made . The City will ensure that all amendments are contained in the
Consolidated Annual Performance and Evaluation Report submitted to HUD after the end of the
program year. The City of Fort Myers reserves the right to make non-substantive changes to the
Consolidate Plan without opening a public comment period .
The table on the following page summarizes the public hearing and public notice requirements for
each CDBG plan or report.
6
CDIIG Public HMrlngNotlee.........,
Notification of community
Clerk's OffiCe will run one meetings will be provided to
legal notice in newspaper residents at least 10-14 days Copies of the plan will be provided on
2 Community at least 30 days prior to prior to the meeting by one of the the City website, Downtown Library,
Combined Five Year
Meetings and 1 Public Public Hearing following: flyers, postcards, water Dunbar-Jupiter Library, and in the
Consolidated Plan
Hearing advertising Public bill inserts, local newspaper, Community Development
Hearing and 30 day community newspapers and Department
Public Comment period advertisement to the City
website.
Notification of community
Clerk's Office will run one meetings will be provided to
legal notice in newspaper residents at least 10-14 days Copies of the plan will be provided on
2 Community at least 30 days prior to prior to the meeting by one of the the City website, Downtown Library,
Annual Action Plan Meetings and 1 Public Public Hearing following: flyers, postcards, water Dunbar-Jupiter Library, and in the
Hearing advertising Public bill inserts, local newspaper, Community Development
Hearing and 30 day community newspapers and Department
Public Comment period advertisement to the City
website.
Notification of community
Clerk's Office will run one meetings will be provided to
legal notice in newspaper residents at least 10-14 days Copies of the plan will be provided on
Consolidated Annual 2 Community at least 15 days prior to prior to the meeting by one of the the City website, Downtown Library,
Performance and Meetings and 1 Public Public Hearing following: flyers, postcards, water Dunbar-Jupiter Library, and in the
Evaluation Report Hearing advertising Public bill inserts, local newspaper, Community Development
Hearing and 15 day community newspapers and Department
Public Comment period advertisement to the City
website.
7
Ill. Access to Records
Citizens, public agencies, and other interested parties may review information and records
relating to the Consolidated Plan. To locate records and arrange space for viewing, the City will
request a written notice two (2) days before review. Reviews of records that are at least two (2)
years old will require a 5-day notice. Requests for multiple copies of the same documents may
be subject to a per-page copying charge of ten cents.
Written requests may be received via email at [email protected] or through mail at City of
Fort Myers Housing and Real Estate Division , 1825 Hendry Street, Suite 101 , Fort Myers, FL
33901 .
Technical Assistance
Upon request, the City will provide technical assistance to organizations that wish to develop
proposals for funding assistance under any programs covered by the Consolidated Plan. The
City of Fort Myers will especially encourage group representatives of persons of extremely low to
moderate-income persons to request technical assistance. The City will determine the level and
type of technical assistance required .
IV. Complaints
The City will provide a substantive written response to every written citizen complaint related to
the Citizen Participation Plan, the Consolidated Plan, Annual Action Plan, Substantial
Amendments, and the CAPER within 15 working days. To lodge a formal complaint, write to
"Complaints," City of Fort Myers Housing and Real Estate Division, 1825 Hendry Street, Fort
Myers, FL 33901.
If the City should need to make a substantial amendment to its approved Consolidated Annual
Plan, the City will provide a 15 day comment period before it implements the amendment. The
City will also hold a Public Hearing on any substantial amendment(s). To provide reasonable
notice to the public, the City will publish a notice of the change in the local newspaper and other
neighborhood/local newspapers (if available} at least three days before the beginning of the
citizen comment period for the amendment(s).
The Lee County Coalition for the Homeless if the substantial change involves a homeless
strategy, objective, activity, or project.
At the Fort Myers Downtown and Dunbar Jupiter Hammon public libraries.
City website.
In finalizing the substantial amendment, the City of Fort Myers will consider any written or verbal
citizen comments received at the public hearing. The City will attach a summary of comments
(including a summary of any comments not accepted and the reasons it did not accept them) to
the substantial amendment. Please see an earlier section of this Citizen Participation Plan for
information about where to send comments.
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VI. Section 108 Loan Citizen Participation Plan
The City of Fort Myers has developed this citizen participation plan, which will be applicable only
if the City applies for the CDBG Section 108 Guaranteed Loan Funds. HUD regulations state that
the Section 108 Loan Citizen Participation Plan may be incorporated into the City's existing
citizen participation plan for the Consolidated Plan provided that it complies with the requirements
delineated in 24 CFR 570.704 (A) (2). Note that HUD regulations state that the City is not
required to hold a separate public hearing for its Consolidated Plan and for the Section 108 Loan
process to obtain citizens' views on community development and housing needs. To the extent
that it is feasible, it is the City's intent to combine these two processes as allowed by federal
regulations.
This Section 108 Loan Citizen Participation Plan sets forth the following policies and procedures
to ensure Fort Myers residents and stakeholders are provided an opportunity to provide
comments on actions related to a potential Section 108 Loan application and use of such funds:
Notices and Meetings - City of Fort Myers residents and stakeholders will be provided timely
notice of local meetings and reasonable and timely access to local meetings, information, and
records relating to the City's proposed and actual use of guaranteed loan funds. The City will
utilize the same means to provide notices as outlined previously in the Citizen Participation Plan .
Information provided will include, but is not limited to :
A list of the range of activities that may be undertaken with guaranteed loan funds;
The estimated amount of guaranteed loan funds (including program income derived there
from) proposed to be used for activities that will benefit low- and moderate-income
persons ;
The proposed activities likely to result in displacement and the City's plans, consistent
with the policies developed under 570.606, for minimizing displacement of persons as a
result of its proposed activities.
Public Hearings - The City will hold at least two public hearings at a different stage of the
application process . Public hearings will be held by the Fort Myers City Council.
One Public Hearing will be held for the purpose of obtaining the views of citizens
regarding a proposed application for Section 108 Loan fund s.
Together the hearings will address community development and housing needs,
development of proposed activities and review of program performance as they relate
to the receipt and use of Section 108 Loan funds.
At least one hearing will be held before submission of the application to obtain the
views of citizens on community development and housing needs as they relate to the
application for Section 108 Loan funds.
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Reasonable notice of the hearing will be provided and the hearing will be held at
times and locations convenient to potential or actual beneficiaries, with
accommodation for the handicapped. The means that will be utilized to notify
interested parties of hearing times, locations and potential beneficiaries will be same
as outlined previously in the Citizen Participation Plan.
Substantial Amendments - The City will provide affected residents with reasonable advance
notice of, and opportunity to comment on, proposed activities not previously included in a Section
108 Loan application and activities which are proposed to be deleted or substantially changed in
terms of purpose, scope, location, or beneficiaries. For the purpose of the Section 108 Guarantee
Loan program, the City has determined that following situation(s) will constitute(s) a substantial
change thus triggering the requirement for a public hearing and 30-day public comment period :
o Changes in the use of Section 108 Loan funds from one proposed eligible type
of activity to another that was not identified in the Section 108 Loan application to
HUD.
o More than 30% of the Section 108 Loan Fund awarded to the City is reallocated
to one or more eligible activities.
To provide citizens with more opportunities to provide input into the Section 108 Loan, the City
will provide the following public comment periods:
Citizens may comment on the Section 108 Loan Application for 15 days, sometime prior
to Public hearing
Hand deliver or write to "Citizen Comments," in care of City of Fort Myers Housing and
Real Estate Division, 1825 Hendry Street, Suite 101 , Fort Myers, FL 33901 .
Attend the public hearing and public meetings described above. The participation of all
citizens, including minorities and non-English speaking persons, persons with disabilities
and residents of public and assisted housing developments is strongly encouraged
The City will provide citizens with reasonable opportunities for public comment. The City will
advertise a public notice concerning the availability of these documents in the public notice
section of the local newspaper and other neighborhood/local newspapers (if available) the first
day of the public comment period .
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The City will make copies of plans available at its Community Development Department office,
City website and the following libraries:
Fort Myers -Lee County Public Library, 2050 Central Avenue, Fort Myers, FL
Dunbar Jupiter Hammon Public Library, 3095 Blount Street, Fort Myers, FL
Upon request, the City will make the Five Year Consolidated Plan available in a format accessible
to persons with disabilities. Persons with a hearing impairment may call (239) 332-2541 .
Non-English speaking residents and sight-impaired individuals may call City of Fort Myers at
{239) 321-7035 to arrange for translated material. Within the Five Year Consolidated Plan,
Annual Action Plan and CAPER, H&RE will include a summary of citizen comments regarding
each document and its response to them .
The City of Fort Myers' Citizen Participation Plan must include an Anti-displacement and
Relocation Plan that describes how it will help persons who must be temporarily relocated or
permanently displaced due to the use of CDBG funds. This plan takes effect whenever City of
Fort Myers funds projects that involve the following:
Property acquisition
Potential displacement of people from their homes and the need to relocate people
(either permanently or temporarily).\
Background
Two Acts apply whenever any of the above issues are present: the Uniform Relocation
assistance and Real Property Policies Act of 1970 (URA) and Section 104(d) of the Housing and
Community Development Act of 1974. Each of these acts places different obligations on the
County.
The URA governs the processes and procedures the City must follow to minimize the burden
placed on low- and moderate-income tenants, property owners, and business owners who must
move (either temporarily or permanently) as the result of a project funded in whole or in part by
the CDBG program .
4. Work on private property during the construction of a HUD-assisted project even if the
activity is temporary.
I1
What is Displacement?
Displacement occurs when a person moves as a direct result of Federally assisted acquisition ,
demolition, conversion , or rehabilitation activities, because he or she is:
Required to move, or
Not offered a decent, safe, sanitary and affordable unit in the project, or
A person may also be considered displaced if the necessary notices are not given or provided in a
timely manner and the person moves for any reason .
3. Rehabilitation, demolition, or acquisition (or written notice of intent) of all or a part of other
real property on which the person conducts a business or farm operation, for a project
The City will offer advisory and financial assistance to eligible tenants (or homeowners) who meet
the above definition.
A person is not eligible for relocation assistance under the provisions of the URA if any of the
following occurs:
1. The person was evicted for serious or repeated violation of the terms and conditions of
the lease or occupancy agreement, violation of applicable Federal , State, or local law, or
other good cause. However, if the person was evicted only to avoid the application of
URA, then that person is considered displaced and is eligible for assistance .
2. The person has no legal right to occupy the property under State or local law.
3. The City determines that the person occupied the property to obtain relocation assistance
and the HUD Field Office concurs in that determination.
4. The person is a tenant-occupant that moved into the property after a certain date,
specified in the applicable program regulation, and, before leasing and occupying the
property. The City or its subrecipient provided the tenant-occupant written notice of the
application for assistance, the project's impact on the person , and the fact that he or she
would not qualify as a "displaced person" because of the project.
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5. The person is a tenant-occupant of a substandard dwelling that is acquired or a tenant-
occupant of a dwelling unit to which emergency repairs are undertaken and the HUD
Miami Field Office concurs that:
b. Bringing the unit up to a safe, decent, and sanitary cond ition is not feasible
c. The tenant's new rent and average estimated monthly utility costs will not exceed
the greater of: the old renUutility costs or 30 percent of gross household income
d. The project will not impose any unreasonable change in the character or use of
the property
6. The person is an owner-occupant of the property who moves because of an arm's length
acquisition.
7. The City or its subrecipient notifies the person that they will not displace him or her for the
project.
8. The person retains the right of use and occupancy of the real property for life following
the acquisition.
9. The City determines that the person is not displaced as a direct result of the acquisition,
rehabilitation, or demolition for the project and that HUD Miami Field Office concurs in the
determination.
Minimizing Displacement
As a general philosophy, the City will take reasonable steps to m1n1m1ze displacement
occurring as a result of its CDBG activities. This means that the City will:
Consider if displacement will occur as part of funding decisions and project feasibility
determinations
Meet all HUD notification requirements so that affected persons do not move
because they have not been informed about project plans and their rights
Anti-Displacement Policy:
The City's policy is to minimize, to the greatest extent feasible, the displacement, whether
permanently or temporarily, of persons (families, individuals, businesses, nonprofit
organizations, or farms) from projects funded with CDBG involving single- or multifamily
rehabilitation, acquisition, commercial rehabilitation, demolition, economic development, or
capital improvement activities.
Projects that the City deems beneficial, but that may cause displacement, may be
recommended and approved for funding only if the City or its subrecipient demonstrates that
such displacement is necessary and vital to the project and that efforts are being taken to
reduce the number of persons displaced. Further, must clearly demonstrate that the goals
13
and anticipated accomplishment of a project outweigh the adverse effects of displacement
imposed on persons who must relocate.
Displacement Assistance
Consistent with the goals and objectives of the CDBG program, the City will take all
reasonable steps necessary to minimize displacement of persons, even temporari ly. If
displacement occurs, the City will provide relocation assistance to all persons directly,
involuntarily, and permanently displaced according to HUD regulations.
1. If the structure and its occupants are determined eligible for temporary relocation
assistance, the owner-occupants and tenants are eligible for the actual reasonable cost
(based on fair market rent) of temporary lodging facilities until the structure is determined
habitable by City of Fort Myers' Building Official.
2. The City must approve housing and the Lessor and Lessee must sign a rent agreement
before actual rental. Housing must be comparable functionally to the displacement
dwelling and decent, safe, and sanitary. This does not mean that the housing must be in
comparable size. The term "functionally equivalent" means that it performs the same
function , has the same principal features present, and can contribute to a comparable
style of living. Approved lodging accommodations include apartments and houses. The
City does not reimburse "rental expenses" for living with a friend or family member.
3. Either the City will provide the owner-occupants and tenants a direct payment for moving
expenses (to and from temporary housing) and storage costs, or the City will arrange
moving and storage of furniture with a moving company. If the City makes a direct
payment, complete documentation and receipts are necessary to process claims when
storage costs exceed the amount assumed by the direct payment.
4. Damage deposits, utility hookups telephone hookups and insurance costs are not eligible
for reimbursement.
The City may pay the cost of relocation assistance from Federal funds or funds available from
other sources.
The City will generally avoid awarding funds for activities resulting in displacement. However,
should the City fund an activity, specific documentation is required to show the replacement
of all occupied and vacant dwelling units demolished or converted to another use. The City
will assure that relocation assistance is provided as described in 24 CFR 57.606(b)(2).
Before obligating or expending funds that will directly result in such demolition or conversion,
the City will make public and submit to the Miami HUD field office the following information in
writing :
2. The general location on a map and approximate number of dwelling units by size
(number of bedrooms) that will be demolished or converted to a use other than as low-
and moderate-income units.
14
3. A time schedule for the commencement and completing of the demolition or conversion.
4. The general location on a map and approximate number of dwelling units by size
(number of bedrooms) that will be provided as replacement units.
5. The source of funding and a time schedule for the provision of replacement dwelling
units.
6. The basis for concluding that each replacement dwell ing unit will remain a low- and
moderate-income unit for at least ten years from the date of initial occupancy.
Consistent with the goals and objectives of the CDBG program, the City will take all
reasonable steps necessary to minimize displacement of persons from their homes. The City
will avoid funding projects that cause displacement of persons or businesses and will avoid
funding any project that involves the conversion of low- and moderate-income housing to
non-residential purposes.
The basic definition is found at 49 CFR 24.2(1 ). The term decent, safe and sanitary dwelling
means a dwelling that meets the following standards and any other housing and occupancy
codes that are applicable. It will:
2. Contain a safe electrical wiring system adequate for lighting and other devices.
3. Contain a safe heating system capable of sustaining a healthful temperature for the
displaced person.
4. Be adequate to accommodate the displaced person. There will be a separate, well lit,
ventilated bathroom that provides privacy to the user and contains a toilet, sink and a
bathtub or shower, all in good working order and properly connected to appropriate
sources of water and to a sewage drainage system . There should be a kitchen area that
contains a fully usable sink, properly connected to hot and cold water and to a sewage
drainage system and adequate space and utility service connections for a stove and
refrigerator.
6. For a mobility-impaired person, be free of any barriers that would preclude reasonable
ingress, egress, or use of the dwelling by such person. This requ irement will be satisfied
if the displaced person elects to relocate to a dwelling that he or she selects and the
displaced person determines that he or she has reasonable ingress, egress, and the use
of the dwelling.
The City and its CDBG fund recipients must follow specific guidelines regarding the
acquisition and use of real property funded in whole or in part with CDBG funds .
15
Use of Real Property
The following standards apply to real property within the recipient's control and acquired or
improved, in whole or in part, using CDBG funds . These standards will apply from the date
funds are first spent for the property until five years after the project is audited and closed .
1. A recipient may not change the use of any such property (including the beneficiaries of
such use) from that for which the acquisition or improvement was made unless the
recipient gives affected citizens reasonable notice of, and opportunity to comment on ,
any such propose change, and either:
The use of such property qualifies as meeting a national objective and is not a
building for the general conduct of government
2. If the recipient determines, after consultation with affected citizens, that it is appropriate
to change the use of property to a use that does not qualify under paragraph #1 above, it
may retain or dispose of the property. The City of Fort Myers CDBG program must be
reimbursed in the amount of the current fair market value of the property less any portion
attributable to expenditures of non-federal funds for the acquisition of and improvements
to the property.
3. If the change of use occurs within five years of the project being audited and closed ,
income from the disposition of the real property will be returned to the City of Fort Myers
CDBG program .
All real property acquisition activities described in this section and funded in whole or in part
with CDBG funds and all real property that must be acquired for an activity assisted with
Federal funds, regardless of the actual funding source for the acquisition, are subject to the
URA (as amended).
HUD Handbook 1378 and 49 CFR 24 currently contains such regulations. These regulations
detail a standard procedure for acquiring property and methods of determining a purchase
price and outline other documents that must be provided to City of Fort Myers before
disbursement of funds. These regulations further require the applicant to provide relocation
payments and assistance to any business or residential occupant of the property whom the
acquisition will displace.
Eligible Activities
The City or its subrecipient may acquire real property for a project using CDBG funds where
the proposed use of the acquired property will be an activity that the City can demonstrate as
beneficial to low- and moderate-income persons.
16
Environmental Review
HUD requires that all real property acquisition projects be reviewed before the commitment of
Federal funds to assess the impact of a project on the environment. The City will undertake
this review. The applicant should be aware, however, that this review process may delay the
date by which CDBG funds may be available and, in case of serious adverse environmental
impacts, could effectively stop a project.
17
AGENDA 21
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
WHAT ACTION ACCOMPLISHES: Approves the Interlocal Agreement providing closest unit
response with neighboring fire districts.
BACKGROUND INFORMATION: The Interlocal Agreement provides for closest unit response to
fire, rescue, and other emergency incidents regardless of the jurisdictional boundary. The
Interlocal Agreement was created in the best interest of public safety to ensure that the closest
available fire departmen t resource is dispatched to an emergency location. The Interlocal
Agreement is utilized by Bonita Springs Fire Control and Rescue District, Estero Fire Rescue
District, Fort Myers Beach Fire Control District, Iona McGregor Fire Protection and Rescue
Service District, Sanibel Fire and Rescue District, San Carlos Park Fire Protection and Rescue
Fire District, South Trail Fire Protection and Rescue Service District, and Lehigh Acres Fire
Control and Rescue District.
The Interlocal Agreem ent provides for resource sharing. Closest unit response requires fire
department resources to respond to incidents outside of the City limits. Neighboring fire
district resources will respond in the City to provide emergency response. The sharing of
resources provides efficient and effective response forces for structure fires and other resource
dependent operations. The Fire Department takes part in the County Mutual Aid Agreement
and Minimum Available Coverage protocol. Any party can withdraw from the Interlocal
Agreement after 30 days advance written notice .
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Leonardo Henderson
INTERLOCAL AGREEMENT
This Agreement is made and entered into by and between Bonita Springs Fire Control
and Rescue District, (hereinafter referred to as "Bonita"), Estero Fire Rescue District,
(hereinafter refened to as "Estero"), Fort Myers Beach Fire Control District, (hereinafter referred to
as "Fort Myers Beach"), lona McGregor Fire Protection and Rescue Service District
(hereinafter referred to as "lona"), Sanibel Fire and Rescue District, (hereinafter referred to as
"Sanibel"), San Carlos Park Fire Protection and Rescue Service District, (hereinafter referred to
as "San Carlos"), South Trail Fire Protection and Rescue Service District, (hereinafter referred to
as "South Trail"), Lehigh Acres Fire Control and Rescue District, (hereinafter referred to as
"Lehigh"), and The City of Fort Myers, (Hereinafter referred to as " Fort Myers").
WHEREAS, the parties have previously entered into the Lee County Mutual Aid
Agreement with each other, and with other political subdivisions in Lee County, Florida, which
was last revised on or about November 15, 1996, for the purpose of assisting one another during
times of an emergency or where conditions exist necessitating aid and assistance; and,
WHEREAS, this Agreement is not intended to replace any existing mutual aid agreement
between any of the parties. including the Lee County Mutual Aid Agreement that was last
revised on or about November 15, 1996, referenced above; and,
WHEREAS, it is in the best interest of the health, safety and welfare of the public and it
is mutually advantageous for the parties to cooperate with each other in the form of an agreement
to provide a closest unit response to fire, rescue and other emergencies within the legislatively
created boundaries of the parties; and,
WHEREAS, Chapter 163, Florida Statutes, authori zes the parties, as local government
entities, to enter into interlocal agreements with other local government entities.
1. Each party shall, at its own expense, provide an emergency closest unit
response as the first responder to any location within the jurisdictional
boundaries of the parties when it is determined by the appropriate
emergency response dispatching authority that the said party can provide
the closest unit response to the emergency.
2. The parties agree that the officer in charge of the closest unit responding to
an emergency incident is in command and control of the incident until he
or she relinquishes command.
3. The party who provides the closest unit response under this Agreement outside
the party's jurisdictional boundaries shall be released from the response when
the services of the responding party are no longer required or when the
personnel and/or equipment of the responding party are needed within its own
jurisdiction.
4. The parties agree that the services provided herein shall be provided
without cost to the other parties and no cost against any party shall be
assessed unless consented to by formal action of the said party 's governing
body. However, nothing herein shall prohibit a responding party from
making a claim and recovering costs from any third parties, including other
government agencies, such as FEMA, or customers where customer
services fees have been enacted by the party providing the closest unit
response.
Page 2 of 8
5. The parties agree that all acts and omissions of each party's employees are
performed ex c Iu s i v e I y as agents and employees of the employing party.
The employees of one party shall not be deemed to be the agent or
employee of another party by performing any act under the terms of this
Agreement. All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, and all employment benefits
which apply to the personnel of the parties in performing their functions
within the jurisdictional limits of the respective parties, shall apply to the
said personnel to the same degree, manner and extent while engaged in the
performance of any of their functions outside the jurisdictional limits of
their employing party under the provisions of this Agreement.
6. The parties agree that each party shall be wholly responsible for its own
7. The parties agree that each party shall bear all liability for acts undertaken
indemnify, defend, save, and hold harmless, the other parties, their agents,
employees, and elected officials, against any and all claims, suits,
arising out of, because of, or due to any occurrences, errors, omissions,
commissions, and/or negligence of the parties and their personnel that is
Agreement. The parties agree that this provision shall not waive the
Florida Statutes, or any other law, as said law may be amended from time
obviate, set aside, interfere with, or negate any insurance coverages that
Page 3 of 8
any of the parties maintain that are applicable to their own personnel or to
major fire or other local emergency, or for any other reason, a party may
unilaterally withdraw that party's first unit response status under this
also notify the appropriate dispatching authority when the said party is
able to resume first unit response participation under the tenns of this
provide a first unit response pursuant to this provision shall be made in the
9. The initial tenn of this Agreement s hall be for five (5) years beginning on
the date that the I as t party executes this Agreement . Any party
(30) days' advance written notice to all of the other parties. The
unilateral withdrawal of a party from this Agreement shall not affect the
addresses:
11. Thjs Agreement may be amended in the future to add additional parties or
additional mutual aid services.
agreement between any of the parties or between any of the parties and
any third parties, including the Lee County Mutual Aid Agreement that
Compensation , employer 's liability, and other federal, state, county and
tot he powers conferred upon the Parties by other general, special or local
l aw.
be affected thereby, and all other parts of this Interlocal Agreement s hall
I 8. This agreement may not be assigned by e ither party without the prior
19. This Agreement s h all become effective upon the date of execution by the
signing below, the parties verify that all necessary and prerequisite
in multiple counterparts.
Appendix A
BONITA SPRINGS FIRE CONTROL AND RESCUE DISTRICT Date: -~--
I 00 Voorhis Street
SAN CARLOS PARK FIRE PROTECTION AND RESCUE SERVICE DISTRICT Date:
SOUTH TRAIL FIRE PROTECTION AND RESCUE SERVICE DISTRICT Date: ------
By:_ _ _ _ _ _ _ _ _ _ _ _ __
Randall P . Henderson, Jr. , Mayor Marie Adams, MMC, City Clerk
Date:_ _ _ _ _ _ _ _ _ _ _ _ __
By:_ _ _ _ _ __ _ _ _ __ _ __
Saeed Kazemi, City Manager
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
APPROVED AS TO FORM:
NAME OF VENDOR
Witness
By:_ _ _ _ _ _ _ _ _ _ _ _ __
(Type name of signee here)
Name: _ _ __ __ _ _ _ __ _
Title:_ __ _ __ _ _ _ _ _ _ __
Date: _ _ _ _ _ __ _ __ __ __
Name: _ _ _ _ _ _ __ _ _ __
CORPORATE SEAL
AGENDA 22
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
FISCAL IMPACT:
BACKGROUND INFORMATION: The City recognizes the operational significance and value
afforded by an internship program. The City of Fort Myers Internship Program enables the City
to complete projects or objectives in a cost-effective way. The City of Fort Myers Internship
Program provides students meaningful work and education in a field related to their major . The
City of Fort Myers Internship Program will be availa ble to undergraduate and graduate students
seeking to fulfill course credit at the educational institution they are attending. Internships
provide meaningful on-t h e-job t raining and afford students a competitive edge when seeking
full-time employment after graduation. The City of Fort Myers Internship Program provides the
City access to a flexible, cost-effective workforce without a long-term commitment. The City can
assess the skills and performance of the student before making an offer of employment.
Additional benefits of the City of Fort Myers Internship Program are as follows:
The City of Fort Myers Internship Program will provide a minimum wage of $8.10 per hour for
selected interns.
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
~
g. '.
Cuy o{Patms
CITY OF FORT MYERS
INTERNSHIP PROGRAM
Introduction
The City of Fort Myers recognizes the operational significance and value afforded by
Internship Programs. These Programs enable the City to complete projects or objectives
in a cost-effective way that might not otherwise be completed.
Definition of Intern
Definition of Internship
A Program established by the City of Fort Myers that provides practical experience for
students who are exploring career possibilities in a specific occupational field , and who
are enrolled in a course of study that may lead to such careers.
Purpose
The purpose of this policy is to provide the necessary structure for the implementation of
an Internship Program in the City of Fort Myers. Interns make a short-term commitment to
work at the City of Fort Myers in order to achieve learning goals and gain experience and
exposure to their field of interest.
Program Goals
Internship positions must provide students with valuable work experience through the
practical application of academic skills and broadening of work knowledge. A structured
internship should include the following :
It is the practice of the City of Fort Myers to attract and retain employees based on their
skills, aptitudes, experience development, performance, potential, and education and
training as prescribed in the job description of each job classification. It is the practice of
the City of Fort Myers to offer equal employment opportunity to all persons without regard
to race, creed , color, sex, age, national origin, religion, disability or marital status. In order
to attract future employees and assist in their development, the City of Fort Myers is
implementing an Internship Program for College and University students. The Human
Page 1 of 5
Resources Department is responsible for the coordination of all aspects of the
employment process, including the selection and assignment of interns into temporary
assignments.
Procedures
a. Clearly define the scope and nature of the project or duties to be carried out by the
intern;
b. Develop a job description that clearly defines the learning goals for the Internship.
Page 2 of 5
f. Post-offer drug testing will be coordinated by the Human Resources
Department, in accordance with the Drug-Free Workplace Procedure, after a
conditional offer of employment is made.
Selection Process
b. The Human Resources Department will screen the applications for minimum
requirements and will forward only qualified applicants for interviews.
c. The requesting department will coordinate interviews for applicants, who meet
the minimum requirements.
d. After the interview is completed , the interviewer will inform the applicant that all
further communication regarding the selection process and the applicant's
status will be conducted by the Human Resources Department. Hiring an intern
will mirror the process when hiring a regular City employee in any other
position.
Prospective Interns
f. Interns will be compensated in the amount of $8.10 per hour for every hour
worked (minimum wage under the Fair Labor Standards Act (FLSA)).
After the intern has been placed, the host department will abide by any of the
requirements from the respective College or University. These various entities may have
different and specific reporting/feedback criteria.
Page 3 of 5
a. The supervisor shall orient the intern regarding the department's structure and
operations.
b. The supervisor shall orient the student regarding the department's policies and
procedures regarding appropriate dress, and office hours.
c. Project learning objectives shall be clearly outlined and thorough ly discussed with
the intern, with concise and measureable learning objectives.
d. After the intern has been placed, the host department will abide by any of the
requirements from the respective College or University. These various entities may
have different and specific reporting/feedback criteria . The supervisor and the
intern shall work together to establish an appropriate work schedule taking into
consideration available supervision, variables in workload, and intern availability
during regular office hours.
g. The supervisor should evaluate the intern's knowledge , comprehension, and work
habits, including dependability, initiative, cooperativeness, and overall
performance.
i. Provide the intern with the proper resources; be sure to provide space and the
necessary tools (computer, phone, desk, etc.).
Intern Responsibilities
a. Adhere to specified work hours, policies, procedures, and rules regarding staff
behavior.
c. Assume personal and professional responsibility for their actions and activities.
f. Prepare for and utilize learning opportunities such as tra ining, meetings, and
conferences offered by the City.
Page 4 of 5
g. Complete work/learning assignments in a thorough, consistent, and punctual
manner.
h. Provide academic institution with any reports or projects required to fulfill the
internship criteria .
i. Submit to the supervisor for review any reports of projects produced by the Inter
prior to deliver to the academic authorities.
2. Provide the City with all policies and procedures that they require so that the intern
may full participate in the Internship Program, including:
3. Ensure the intern is granted appropriate time that may be devoted to the City's
Internship Program.
Your intern's experience will serve as a walking advertisement for our organization as a
"Great Place to Work". An Intern may return as a qualified full time employee.
Page 5 of 5
AGENDA 23
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
FUNDING SOURCE: N/ A
FISCAL IMPACT: N/ A
WHAT ACTION ACCOMPLISHES: Amends the types of complaints referred to the Citizens
Police Review Board to correspond with the verbiage in the City Code.
BACKGROUND INFORMATION: The Citizens Police Review Board, at its regular meeting held
on March 14, 2017, proposed amendments to the Rules of Procedure as follows :
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Back ground Information - Continued
Motion: Adopt Citizens Police Review Board, Rules of Procedure by amending IV.
Meetings, E. Procedure and VII. Inquiries and Complaints (C) Complaints Received by
the Fort Myers Police Department.
E. Procedure
Procedure. Parliamentary procedure in Board meetings shall be governed first by
the Rules of Procedure contained herein, and, if not specifically covered herein,
then by Robert's Rules of Order, Newly Revised -l-Qill 11th Edition.
The amendments which corresponds to City Code were unanimously approved by the
Board. The Rules of Procedure provide that Board policy changes shall be submitted to
City Council for approval after consideration by the Citizens Police Review Board.
Page 2
DRAFT
Citizens Police Review Board
Rules of Procedure
Adopted:
MISSION STATEMENT
Our mission is to ensure that the Fort Myers Police Department, as the
ultimate defender of the rights and liberties and protector of the public
safety, exercises its extraordinary r esponsibilities by carefully balancing
the rights of accused with the legitimate r ights of society at large.
INTRODUCTION
I. NAME
The name of this Board shall b e the Citizens Police Review Board of
the City of Fort Myers, Florida.
II. JURISDICTION
The Board h as jurisdiction over those matters which are set forth
in Code of Ordinances of the City of Fort Myers, Chapter 2,
Article 4.5, Section 2- 128, and in compliance with Florida Statutes
including, but not limited to , Chapter 11 2, Part VI, Florida Statute,
the "Law Enforcement Officers' Bill of Rights".
IV. MEETINGS
V. AGENDA/MEETING FORMAT
WHAT ACTION ACCOMPLISHES: Determines early voti:pg locations for the 20 17 Primary and
General Elections.
BACKGROUND INFORMATION: The City will hold the Primary Election on September 12,
2017, and the General Election on November 7, 2017. City Council, on January 3, 2017,
approved the early voting sch edule for the 2017 elections as follows:
Two early voting sites were presented to City Council on January 3, 2017. Since that time, a
meeting was held with Tommy Doyle, Supervisor of Elections, Saeed Kazemi, P.E., City
Manager, Jerry Davis, Precinct Coordinator, Lee County Elections Center, and Marie
Adams, MMC, City Cler k, requesting additional early voting sites in the City. The Lee County
Elections Office proposed early voting sites as follows:
COUNCIL ACTION
Approved: Denied: Tabled: Conflict of Interest:
Public Hearing Removed from Consent By: Item Continued To: Public Hearing Opened: 0
Continued To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony_ Henderson
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
Background Informa tion - Con tinued
Agenda Item No . 24
Early voting is estimated at $2,000 per day, per location for 11 day s, for a total of
$8 ,000 per day for 4 locations or approximately $88,000 for the primary and
general elections .
Page 2
Early Voting Locations- City of Fort Myers
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