MINUTES CITY OF FORT MYERS CITY COUNCIL MEETING OCTOBER 1, 2018

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1 CALL TO ORDER MINUTES CITY OF FORT MYERS CITY COUNCIL MEETING OCTOBER 1, 2018 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 Monday,, at 4:37 p.m. Present were Mayor Randall P. Henderson, Jr., presiding, Council Members Teresa Watkins Brown, Johnny W. Streets, Jr., Terolyn P. Watson, Liston D. Bochette, III, Fred Burson and Gaile H. Anthony. Also present were Saeed Kazemi, P.E., City Manager; Gwen Carlisle, City Clerk; and Grant W. Alley, City Attorney. Absent: None. OPENING PRAYER Reverend Israel Suarez, Fort Myers Police Chaplin, gave the opening prayer. PLEDGE OF ALLEGIANCE TO THE FLAG Mayor Henderson led the Pledge of Allegiance to the flag of the United States of America. PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Proclaim the week of October 7, 2018 through October 13, 2018, as Fire Prevention Week: Mayor Henderson read and presented a proclamation to John Caufield, Fire Chief, proclaiming October 7, 2018 through October 13, 2018, as Fire Prevention Week. John Caufield, Fire Chief, stated that the Fire Department launched the Safety Saturday initiative last year and has visited over 800 homes and installed smoke detectors in homes that didn t have them. The Fort Myers Fire Department is continuing their efforts by providing public edification on fire and cooking safety, the most common cause of fire throughout the United States. Chief Caufield thanked the City Council for their support and commitment to continuing to make Fort Myers a fire safe City. 2. Proclaim the week of October 6, 2018 through October 12, 2018, as National Physician Assistant Week: Mayor Henderson read and presented a proclamation to the Physicians Assistants from Nova University, and recognized the 51 st Anniversary of the profession, proclaiming October 6, 2018 through October 12, 2018, as National Physician Assistant Week. Perry Crawford, Physician Assistant student, thanked the Council for recognizing their program and understanding the value that this will add to the healthcare workforce. Councilperson Anthony stated that Physician Assistants are a valuable member of the healthcare team and instrumental to the Physicians and hospitals.

2 2 P a g e 3. Proclaim October 2018 as Dysautonomia Awareness Month: Mayor Henderson read and presented a proclamation to Rebecca Oaks, Dysautonomia International, Inc., a 501(c)(3) non-profit organization; proclaiming October 2018 as Dysautonomia Awareness Month. Rebecca Oaks stated that Dysautonomia is something that effects the entire autonomic nervous system. Someone may look completely healthy on the exterior and have debilitating side effects from this disease. Ms. Oaks thanked the Council for the opportunity to get the word out because it is a very common disease, however, rarely diagnosed. 4. Proclaim the month of October 2018 as National Cyber Security Awareness Month: Mayor Henderson read and presented a proclamation to Rachel Busch, CEcD, Strategic Projects Manager at Lee County, Cygnet, proclaiming October 2018 as National Cyber Security Awareness Month. Rachel Busch noted it is the 15 th annual National Security Awareness month. Ms. Busch invited anyone interested in viewing a live demonstration on how many hackers are attacking their new website, to reach out to her or her staff. 5. Presentation by Mayor Kevin Ruane, City of Sanibel: Kevin Ruane, Mayor, City of Sanibel, President, Florida League of Mayors, West Coast Representative to the Florida Ecosystem Restoration Taskforce, provided an update on the water quality of Southwest Florida and requested that the City join three municipalities: Fort Myers Beach, Sanibel and Cape Coral (for a total of 7 cities) to contribute $5000 apiece to and be an Intervener pursuant to Florida Statutes and the State of Florida Division of Administrative Hearing, City of Sanibel, Town of Fort Myers Beach and City of Cape Coral petitioners versus South Florida Water Management District Case Number RP. Mayor Ruane provided an overview of the efforts made to affect the policy of the South Florida Water Management District. Mayor Ruane stated that the hearing on this matter is on October 29, 2018 and he would need the approval of City Council to join the petition as soon as possible. Discussion ensued on the Lake Okeechobee discharges and its impact to the environment. City Attorney Grant Alley stated that as Mayor Ruane stated, Florida Statutes, Section A allows for a process, other substantially effected persons may join the proceedings as interveners on appropriate terms which shall not unduly delay the proceedings. This motion by the Mayor and City Council is for the City of Fort Myers to intervene pursuant of Florida Statutes and the State of Florida Division of Administrative Hearing City of Sanibel, Town of Fort Myers Beach and City of Cape Coral petitioners, versus South Florida Water Management District Case Number RP and that is the motion, we will file a motion or a petition to intervene in this matter. City Attorney Alley stated that this motion would allow the City

3 3 P a g e to proceed forthwith, because there has been a final administrative meeting that has already been assigned to it by an administrative law judge and its already been scheduled. Sawyer Smith J.D., Managing Partner, Wilbur Smith Attorneys at Law, stated that Captains for Clean Water, provides Science seminars on this topic. Mayor Ruane stated that the better educated we are, the better off we will be, and we all have a responsibility to our citizens and our wards in our areas to explain exactly what is transpiring. MOTION: Councilperson Burson moved to contribute $5, and be an Intervener pursuant to Florida Statutes and the State of Florida Division of Administrative Hearing, City of Sanibel, Town of Fort Myers Beach and City of Cape Coral petitioners versus South Florida Water Management District Case Number RP, seconded by Councilperson Brown; motion carried unanimously. 6. Presentation by Reverend Israel Suarez, Fort Myers Police Chaplin: Reverend Israel Suarez, Fort Myers Police Chaplin, expressed his appreciation to Mayor Henderson and the City Council Members for their dedication and service to the residents of the City. On behalf of the Nations Association, 4625 Palm Beach Boulevard, Dr. Suarez recognized Police Chief Derrick Diggs for his leadership and service to the City. A motion was not made. Mayor Henderson stated that the City of Fort Myers was named the Fastest Growing City in 2018, according to the personal finance website WalletHub. Mayor Henderson congratulated the City Manager, the City Council and staff for all their work to help the City achieve top nationwide ranking. Mayor Henderson announced that Carmine Marceno was sworn in as the new Lee County Sheriff on PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS (Three (3) minute time limit per speaker) Anthony Thomas, resident, expressed his concern about a possible conflict of interest regarding the Ballfield Renovations at Billy Bowlegs Park. In addition, Mr. Thomas stated that he was concerned about politicizing Jones Walker Apartments. CONSENT AGENDA Mayor Henderson asked if a Councilperson would like to remove an item to the Regular Agenda; Councilperson Burson requested to pull Item 10, Item 11 and Item 12 from the Consent agenda and place the items on the Regular agenda. 7. Minutes of the regular meeting held on September 17, 2018, and the special City Council meeting held on September 13, 2018

4 4 P a g e 8. Change Order #7 to Purchase Order , in the amount of $91,532.95, for JSM Services, Inc. for Ballfield Renovations at Billy Bowlegs Park located at 951 Marsh Ave (Ward 1) Interlocal Agreement between Lee County and the City of Fort Myers for Stray Animal Control Services 10. Fiscal Year 2018 Budget amendments to non-utility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $17,630,722; 2) Increase project budgets for Centennial Park Sidewalks, $4,105, Solid Waste Office Building, $100,000, Underground FPL Lines, $50,000, Winkler Canal Shared Use Path Study, $242 and J. Yarborough Linear Park Study, $202; 3) Reduce project budgets for Playground Equipment, $280,000, Decorative Streetlight Painting, $100,000 and Traffic Signal Painting, $50,000; and 4) Remove projects, Relocation of Boat Ramp, $2,300,000, Imaginarium HVAC, $102,232 and Southwest Florida Museum of History Archive, $97,000 (REMOVED TO REGULAR AGENDA) 11. Fiscal Year 2018 Budget amendments to utility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $37,106,236.11; 2) Increase budget for the Internal Recycle Pump project in the amount of $35,000; 3) Reduce project budgets for Nitrification Gear Box SWWTP, $100,000 and Reclaimed Water Production 100% CWWTP, $2,405,986; and 4) Remove projects, Nitrification Gear Box, $800,000, Sludge Leakage Repair, $670,000, Alum. Storage/Fee System, $80,182.77, Plant Mixer/Motor, $306,002, Odor Control, $125,000, Plant Structural Rehab, $911,147.60, Forklift, $79,479, Dumpster Bay, $29,400, Digester Rehab, $200,000 and Laboratory Ductwork & Blowers, $100,000 (REMOVED TO REGULAR AGENDA) 12. Amendment No. 1, in the amount of $1,517,829.22, to Task Authorization No. 7, Construction Manager At-Risk Continuing Contract Agreement, Request for Qualifications No PW with Tobler/O-A-K Joint Venture LLC for the Bellevue Park Utility Improvement Project (Ward 2) (REMOVED TO REGULAR AGENDA) 13. Waiver of the formal solicitation process with Fiber Solutions, in the amount of $141,502.84, for the City of Fort Myers Sanitation Administrative Office, Public Works Department, and authorize the execution of Proposals #19058, 19059, 19060, 19062, for cabling and fiber infrastructure (Ward 2) 14. Memorandum of Understanding with the Center for Law Enforcement Technology, Training & Research, Inc. (LETTR) to consolidate resources and intellectual property associated with the Florida Integrated Network for Data Exchange and Retrieval (FINDER).

5 5 P a g e 15. Agreement of Sub-grant Funding, in the amount of $127,008, with Lee County Natural Resources Division/WCIND Waterway Development Program, for the 2018 WCIND Waterway Development Program (L-503), for the Police Department Marine Unit 16. Amendment #8 adding additional requirements for Federal Grant Funds (CFR Uniform Guidance) to Section 2, Source Selection, to the Purchasing Procedures Manual 17. Change Order No. 2, to Task Authorization No. 9, in the amount of $244,099.60, to Construction Manager At-Risk Continuing Contract No. RFQ # PW with Tobler/O-A-K Joint Venture, LLC, for the Utility Replacement project, Peck Street from Jackson Street to Central Avenue (Ward 4) MOTION: Councilperson Streets moved to approve the Consent Agenda as presented; subject to removal of Item 10, Item 11 and Item 12 to the Regular Agenda; seconded by Councilperson Anthony; motion carried unanimously. ITEMS REMOVED TO REGULAR AGENDA 10. Fiscal Year 2018 Budget amendments to non-utility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $17,630,722; 2) Increase project budgets for Centennial Park Sidewalks, $4,105, Solid Waste Office Building, $100,000, Underground FPL Lines, $50,000, Winkler Canal Shared Use Path Study, $242 and J. Yarborough Linear Park Study, $202; 3) Reduce project budgets for Playground Equipment, $280,000, Decorative Streetlight Painting, $100,000 and Traffic Signal Painting, $50,000; and 4) Remove projects, Relocation of Boat Ramp, $2,300,000, Imaginarium HVAC, $102,232 and Southwest Florida Museum of History Archive, $97,000 Councilperson Burson stated that he preferred that larger budget items be placed on a regular agenda and include a statement that these items were reviewed and approved in budget workshops. Councilperson Bochette requested details on the budget items. Councilperson Anthony stated that it would be helpful to include that there were over four budget workshops for City Council review. Councilperson Streets requested that a statement be included that these budget items were approved in workshops. MOTION: Councilperson Burson moved to approve Fiscal Year 2018 Budget amendments to non-utility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $17,630,722; 2) Increase project budgets for Centennial Park Sidewalks, $4,105, Solid Waste Office Building, $100,000, Underground FPL Lines, $50,000, Winkler Canal Shared Use Path Study, $242 and J. Yarborough Linear Park Study, $202; 3) Reduce project budgets for Playground Equipment, $280,000, Decorative Streetlight Painting, $100,000 and Traffic Signal

6 6 P a g e Painting, $50,000; and 4) Remove projects, Relocation of Boat Ramp, $2,300,000, Imaginarium HVAC, $102,232 and Southwest Florida Museum of History Archive, $97,000, seconded by Councilperson Brown; motion carried unanimously. 11. Fiscal Year 2018 Budget amendments to utility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $37,106,236.11; 2) Increase budget for the Internal Recycle Pump project in the amount of $35,000; 3) Reduce project budgets for Nitrification Gear Box SWWTP, $100,000 and Reclaimed Water Production 100% CWWTP, $2,405,986; and 4) Remove projects, Nitrification Gear Box, $800,000, Sludge Leakage Repair, $670,000, Aluminum Storage/Fee System, $80,182.77, Plant Mixer/Motor, $306,002, Odor Control, $125,000, Plant Structural Rehab, $911,147.60, Forklift, $79,479, Dumpster Bay, $29,400, Digester Rehab, $200,000 and Laboratory Ductwork & Blowers, $100,000 Councilperson Burson requested that the larger budget amendments be placed on the regular agenda. Councilperson Bochette requested additional detail on the budget items. Councilperson Streets requested that backup information be provided for the agenda. MOTION: Councilperson Burson moved to approve Fiscal Year 2018 Budget amendments to utility capital improvement projects as follows: 1) Reallocate funding sources for projects in the total amount of $37,106,236.11; 2) Increase budget for the Internal Recycle Pump project in the amount of $35,000; 3) Reduce project budgets for Nitrification Gear Box SWWTP, $100,000 and Reclaimed Water Production 100% CWWTP, $2,405,986; and 4) Remove projects, Nitrification Gear Box, $800,000, Sludge Leakage Repair, $670,000, Aluminum Storage/Fee System, $80,182.77, Plant Mixer/Motor, $306,002, Odor Control, $125,000, Plant Structural Rehab, $911,147.60, Forklift, $79,479, Dumpster Bay, $29,400, Digester Rehab, $200,000 and Laboratory Ductwork & Blowers, $100,000, seconded by Councilperson Brown; motion carried unanimously. 12. Amendment No. 1, in the amount of $1,517,829.22, to Task Authorization No. 7, Construction Manager At-Risk Continuing Contract Agreement, Request for Qualifications No PW with Tobler/O-A-K Joint Venture LLC for the Bellevue Park Utility Improvement Project (Ward 2) Councilperson Burson requested for larger budget amendments be placed on the regular agenda. Councilperson Bochette requested more detail on the budget items. Councilperson Streets requested that backup information be provided for the agenda. MOTION: Councilperson Burson moved to approve Amendment No. 1, in the amount of $1,517,829.22, to Task Authorization No. 7, Construction Manager At-Risk Continuing Contract Agreement,

7 7 P a g e Request for Qualifications No PW with Tobler/O-A-K Joint Venture LLC for the Bellevue Park Utility Improvement Project (Ward 2), seconded by Councilperson Brown; motion carried unanimously. CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 18. Reappointment of Mary Regina Sabiston to the Historic Preservation Commission, term effective through September 30, 2021 (Councilperson Anthony) MOTION: Councilperson Anthony moved to approve the reappointment of Mary Regina Sabiston to the Historic Preservation Commission, term effective through September 30, 2021; seconded by Councilperson Brown; motion carried unanimously. 19. Reappointment of Ava Roeder, as an alternate member, to the Public Art Committee, term effective through September 30, 2021 (Mayor Henderson) MOTION: Councilperson Anthony moved to approve the reappointment of Ava Roeder, as an alternate member, to the Public Art Committee, term effective through September 30, 2021; seconded by Councilperson Brown; motion carried unanimously. 20. Report of 31 vacancies on citizen advisory boards Mayor Henderson encouraged residents to come forward and participate in the City s Advisory Boards. A motion was not made. PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 21. SECOND PUBLIC HEARING: Ordinance 3841, amending Ch. 118 Land Use Regulations Grant W. Alley, City Attorney, read the title into the record. Sarah Propst, AICP, Senior Planner, Calvin, Giordano and Associates, Inc., presented the Land Development Code revisions to Chapter 118, noting that the amended chapter was reorganized with streamlined processes and procedures. Mayor Henderson opened the Public Hearing and asked for Public Comment, there being none, Mayor Henderson closed the Public Hearing. MOTION: Councilperson Anthony moved to approve Ordinance 3841, amending Ch. 118 Land Use Regulations, seconded by Councilperson Brown, motion carried unanimously. 22. Ordinance No approving the 3066 Cranford Avenue (A & D Scrap) Planned Unit Development (Quasi-Judicial) (Ward 3)

8 8 P a g e Exparte: Councilperson Bochette Discussion with Mr. and Mrs. Dozier and City Council Members; Councilperson Brown Discussion with Mr. and Mrs. Dozier and a meeting with Attorney Jenna Person and Attorney E. Bruce Strayhorn; Councilperson Burson Meeting with Mr. and Mrs. Doziers and Attorney Strayhorn twice on this issue in Council; Mayor Henderson Met on September 19, 2018 at 12:45 p.m. with Attorney Strayhorn, Attorney Person and their clients, Mr. and Ms. Dozier, to discuss improvements and what they wanted to do; Councilperson Watson- Met with Attorney Strayhorn and Attorney Persons; Councilperson Anthony Met twice with Attorney Strayhorn and Attorney Persons and the presentation at the Planning Board, and on September 19, 2018; Councilperson Streets met on September 19, 2018 at 10:50 a.m. with Mr. and Mrs. Dozier, and the law firm of Strayhorn and Persons. City Clerk Carlisle administered the oath to people who would give testimony during the quasi-judicial hearing. Jenna Persons, Attorney, Strayhorn & Persons, st Street, #201, stated that no financial remuneration was received to support or deny the issue. Grant W. Alley, City Attorney, read the title into the record. Staff Presentation Nicole DeVaughn, Planning Manager, stated that the item is a Planned Unit Development (PUD) request for 3066 Cranford Avenue; to improve the expansion of the A&D Scrap Materials Operation located at that address. Staff is supporting the request to expand the PUD to expand the operations southward. One of the principal conditions of the approval would be to amend the Business Tax Receipt; to give up the existing junk yard Business Tax Receipt and receive a Recycling Business Tax Receipt. The property is completely fenced in, so there is no visibility issue. Ms. DeVaughn noted that this item was heard by the Planning Board, and it recommended support by the City Council as it was found consistent with the Comprehensive Plan. She further provided a staff report and back up to the record, citing 2 corrections to the Ordinance. Ms. DeVaughn noted it would be limited to recycling operations only. Applicant Presentation Jenna Persons, Attorney, Strayhorn & Persons, on behalf of the applicant and owner of the property, A&D Scrap Materials, Joe and Jeannie Dozier, provided an overview of the history of the property. The Doziers have been operating a recycling business, predominantly paper and cardboard, since Over time property was added; as approved for a Junkyard License. The City notified them of the inability of the additional property to be used as recycling and they proceeded to clean up and go forward with a PUD in They worked with the City for a year, submitted an application which predated the City s moratorium on recycling expansions and new operations. The City put the application on hold until outside Counsel,

9 9 P a g e Nancy Stroud, Attorney, Lewis, Stroud and Deutsch, 1875 NW Corporate Blvd., Suite 100, Boca Raton, submitted a legal opinion that affirmed that the PUD can move forward because it predated the City s moratorium. Attorney Persons stated that the Ordinance before City Council with the amendments noted by Ms. DeVaughn, with no objection. For the record, Attorney Persons stated she would like to incorporate the staff report and the backup materials. Attorney Persons stated that this approval would represent one less junkyard for the City as this operation would be for recycling operations. Mayor Henderson recognized Tina Ekblad, MPA, AICP, LEED AP. Partner and Planning Director at Morris-Depew Associates, Inc., 2914 Cleveland Avenue as an expert for the record. Ms. Ekblad provided a presentation on the location, noting the property is an industrial area of the City. There is an existing license for a junkyard, currently operating the property for recycling. She noted that the request includes a PUD and a Vacation of Easement that bisects the property north and south. Ms. Ekblad stated that the location is consistent with the City s Comprehensive Plan for land use. The location meets all the required levels of service and they do have full access to urban services for the site. The request for a PUD would memorialize the existing light industrial uses as well as the recycling use on the property. There are no new buildings proposed. The presentation included an overview of the project background, future land use, surrounding uses, the project request, site plan and deviation request. Ms. Ekblad stated that the owners will limit the use on the property to Recycling and will reduce available development intensity. Mayor Henderson opened the Public Hearing and asked for Public Comment. Anthony Thomas, resident, spoke on conflict of interest and renumeration concerns. Mayor Henderson closed the Public Hearing. E. Bruce Strayhorn, Attorney, Strayhorn & Persons, P.L., 2125 First Street, Suite 201, stated he declares under the penalty of perjury, that he is not affiliated with the Lee County Housing Development Corporation nor the Lee County Housing Authority. Councilperson Burson stated that recycling is a retail product for people who live in the City that allows residents to take unused material that they have at their home, providing for clean-up and cash reimbursement; putting money back to the economy. MOTION: Councilperson Anthony moved to adopt Ordinance No approving the 3066 Cranford Avenue (A & D Scrap) Planned Unit Development, including the request to strike the word paper from Page 2, Section 4, seconded by Councilperson Streets, motion carried unanimously.

10 10 P a g e 23. Ordinance No Declaring the Intention of the City of Fort Myers, Florida, to Change its Territorial Limits by the Voluntary Annexation of an Unincorporated Tract of Land lying contiguous to the Boundary Limits of the City; and Finding that the Conditions of Chapter 171, Laws of Florida, exist for Annexation of said tract of land, and providing an effective date (Ward 6) Grant W. Alley, City Attorney, read the title into the record. Mayor Henderson opened the Public Hearing and asked for Public Comment, there being none, Mayor Henderson closed the Public Hearing. MOTION: Councilperson Anthony moved to adopt Ordinance No Declaring the Intention of the City of Fort Myers, Florida, to Change its Territorial Limits by the Voluntary Annexation of an Unincorporated Tract of Land lying contiguous to the Boundary Limits of the City; and Finding that the Conditions of Chapter 171, Laws of Florida, exist for Annexation of said tract of land, and providing an effective date, seconded by Councilperson Brown, motion carried unanimously. 24. Purchase and Sale Agreement and Addendum to the Purchase and Sale Agreement in the amount of $236,500.00, plus closing costs with Matt Montgomery Trustee, owner, for the purchase of Ben C Pratt Six Mile Cypress Parkway, for the future location of Fire Station No. 7 (Ward 6) Grant W. Alley, City Attorney, read the title into the record. Mayor Henderson opened the Public Hearing and asked for Public Comment, there being none, Mayor Henderson closed the Public Hearing. MOTION: Councilperson Anthony moved to approve the Purchase and Sale Agreement and Addendum to the Purchase and Sale Agreement in the amount of $236,500.00, plus closing costs with Matt Montgomery Trustee, owner, for the purchase of Ben C. Pratt Six Mile Cypress Parkway, for the future location of Fire Station No. 7 (Ward 6), seconded by Councilperson Brown, motion carried unanimously. 25. Resolution No to approve the vacation of unimproved rightof-way easement located on 3066 Cranford Avenue (Quasi-Judicial) (Ward 3) Exparte: Councilperson Bochette Meeting on September 19, 2018 discussing the topic with Mr. and Mrs. Dozier and with City Council; Councilperson Brown might have discussed the easement with Mr. and Mrs. Dozier, Attorney Jenna Person and Attorney E. Bruce Strayhorn; Councilperson Burson Met with Mr. and Mrs. Dozier and Attorney Strayhorn twice on this issue in Council; Mayor Henderson met on September 19 at 12:45 p.m. with Attorney Strayhorn, Attorney Person and their clients, Mr. and Ms. Dozier and discussed improvements and their objectives; Councilperson Watson did not recall discussing the easement

11 11 P a g e during the meeting with Attorney Strayhorn and Attorney Persons; Councilperson Anthony discussed the easement last year, and on the September 19, 2018; Councilperson Streets met with Mr. and Mrs. Dozier and the law firm of Strayhorn and Persons on September 19, 2018 at 10:50 a.m. on the 2 nd Floor conference room of the Public Works Department. City Clerk Carlisle administered the oath to people who would give testimony during the quasi-judicial hearing. Jenna Persons, Attorney, Strayhorn & Persons, stated that no exchange of any type was received to support or deny the issue. Grant W. Alley, City Attorney, read the title into the record. Mayor Henderson opened the Public Hearing and asked for Public Comment, there being none, Mayor Henderson closed the Public Hearing. MOTION: Councilperson Watson moved to adopt Resolution No to approve the vacation of unimproved right-of-way easement located on 3066 Cranford Avenue, seconded by Councilperson Brown, motion carried unanimously. 26. Resolution No amending the Forum DRI Development Order (D.O.) to amend Map H to include a right-in/right-out onto S.R. 82 and delete the Hanson Street right-of-way, as requested by Neale Montgomery, Esq., agent for Champion Development Corporation (Quasi-Judicial) (Ward 6) Exparte: Councilperson Bochette none; Councilperson Brown none; Councilperson Burson meeting with the Kevin Winter on September 27, 2018 at 3 p.m. in the office of City Council; Mayor Henderson none; Councilperson Watson none; Councilperson Anthony Discussion at the Planning Board meeting on August 19, 2018; Councilperson Streets none. City Clerk Carlisle administered the oath to people who would give testimony during the quasi-judicial hearing. Neale Montgomery, Esquire, Pavese Law Firm, 1833 Hendry Street, stated that no exchange of any type was received to support or deny the issue. Grant W. Alley, City Attorney, read the title into the record. Staff Presentation Nicole DeVaughn, Planning Manager, stated that the request is for an amendment to the Forum Development of Regional Impact, and it includes changes to Map H to show a right-in/right-out to State Road 82. It changes the conversion table slightly to allow to reduce the amount of offices throughout the development, to increase the residential slightly, and industrial uses. The traffic study shows that this would reduce the number of trucks in the project, so it has no impact. Ms. DeVaughn requested one statutory change to the Resolution as follows; due to the State of Emergency Executive Order18-150, and Executive Order for tropical storm Alberto; a cross-reference between the two, to extend

12 12 P a g e their build out date to December 15, 2027 and their expiration date of the Development of Regional Impact to December 15, The Planning Board recommends approval of this request and found it consistent with the Comprehensive Plan. Applicant Presentation Attorney Montgomery introduced Kevin Winter, P.E.; Debi Pendlebury, Johnson Engineering, Inc. and Mark Gillis, David Plummer & Associates Traffic Engineers on behalf of the owners, and contract purchasers. Attorney Montgomery stated that the project is bounded on the North by State Road 82, on the West by I-75 and on the South by Colonial Boulevard. To add an access point, they need to go through the change process, to consummate a decision several years ago not to extend Hanson Street over the Interstate. Attorney Montgomery stated that they are asking to take the right of way off of the map and to include adjustments that have been made pursuant to an approved conversion table. Mr. Winter provided an overview of the proposed changes to account for current market conditions, as multifamily industrial is a needed type of use in those areas. Councilperson Anthony asked for an explanation of the term industrial. Mr. Winter stated that the specific industrial they are using right now is self-storage facilities, with a wall and landscape buffer. A discussion ensued on the industrial use. Attorney Montgomery noted that the conversion table is included because this provides for Development of Regional Impact; there has to be a total number of net new external peak hour trips that are identified. The conversion table makes sure when uses shift that you don t exceed the number of trips. In this case, the DRI has already paid its transportation mitigation will pay well in advance of impact. Councilperson Bochette stated that by negating the increased traffic on the request, you have to offset the increase by eliminating the medical uses. Ms. Pendlebury noted that the road would be continued to Forum Boulevard which will further divide the single family residential from any future impacts of that development. Mayor Henderson opened the Public Hearing and asked for Public Comment, there being none, Mayor Henderson closed the Public Hearing. MOTION: Councilperson Anthony moved to adopt Resolution No amending the Forum DRI Development Order (D.O.) to amend Map H to include a right-in/right-out onto S.R. 82 and delete the Hanson Street right-of-way, as requested by Neale Montgomery, Esq., agent for Champion Development Corporation (Quasi-Judicial) (Ward 6), seconded by Councilperson Streets, motion carried unanimously.

13 13 P a g e CITY MANAGER S ITEMS 27. Professional Services Agreement, in the amount of $124,000, with CBRE to provide Strategic Planning Services and advise the City on reviewing current assets with the goal of streamlining and optimizing asset inventory, locating sites in ideal and accessible locations, and generating new income through existing assets Councilperson Anthony requested a workshop on this project. Councilperson Bochette commended City Manager Kazemi, and the City Staff for asset inventories as it shows maturing financial responsibility with a serious attitude. City Manager Kazemi stated that a workshop would take place regarding the asset inventory process. MOTION: Councilperson Streets moved to approve the Professional Services Agreement, in the amount of $124,000, with CBRE to provide Strategic Planning Services and advise the City on reviewing current assets with the goal of streamlining and optimizing asset inventory, locating sites in ideal and accessible, seconded by Councilperson Anthony, motion carried unanimously. 28. Permission to Enter and Use Property Agreement with Jerry Benien to enter and use the property located at 3324 South Street (Ward 2) Mayor Henderson expressed his appreciation to Mr. Benien for assisting the City on this important initiative. MOTION: Councilperson Streets moved to approve the Permission to Enter and Use Property Agreement with Jerry Benien to enter and use the property located at 3324 South Street, seconded by Councilperson Brown, motion carried unanimously. CITY ATTORNEY S ITEMS 29. Settlement of a November 23, 2015 personal injury in property damage pre-suit claim made by Albert W. Dunton in the amount of $45, City Attorney Alley stated that this matter is seeking a motion to approve the settlement of a November 23, 2015 personal injury in a property damage pre-suit claim made by Albert W. Dunton in the amount of $45,000.00; liability is not an issue in this case. Three estimates were received for the property damage claim, the low one was $36,459.44, the high estimate was $38, The Randall Lee Spivey Law Firm, Parker Commons Boulevard, represented the plaintiff. He stated that the City is recommending settlement by $45, to resolve the property damage claim and the personal injury claim. City Attorney Alley stated that Ellen Clyatt, Human Resources Director; Marva Kauth, Risk Manager and City Manager Kazemi are in support of the pre-suit settlement. MOTION: Councilperson Anthony moved to approve the Settlement of a November 23, 2015 personal injury in property damage pre-suit claim made by Albert W. Dunton in the amount of

14 14 P a g e $45,000.00, seconded by Councilperson Brown, motion carried unanimously. Councilperson Bochette provided written Budget Approval comments for the City Council s review. Councilperson Brown stated that she provided her response regarding the Budget meeting last week and stated for the record that she was in support of $11,500 back to the arts. Councilperson Brown thanked the Mayor and City Council for their continued support to the organizations of Ward 1, Ward 2 and Ward 3. Mayor Henderson stated that the Boards are voluntary and work hard to make the City better, he expressed the City Council sentiment to saying thank you to moving them in this tight budget year. City Manager Kazemi stated that they will proceed to add Ward 1 when they are doing the budget transfer. PUBLIC COMMENT - NON-AGENDA ITEMS: There was no one present to be heard. There being no further business to come before the Council, it was moved by Councilperson Anthony; seconded by Councilperson Brown to adjourn the meeting at 6:46 p.m.; motion carried unanimously. ATTEST: Gwen Carlisle City Clerk