April 17 Agenda

AGENDA
CITY COUNCIL MEETING

April 3, 20 17
Ag:~ ..~
4:30 o'clock p.m.
City o f Palms
FORT MYERS CITY COUNCIL

Mayor Ward 1 Ward2 Ward3 Ward4 WardS Ward6
Randall P. Teresa Johnny W. Terolyn P. Michael Forrest Gaile H.
Henderson , Jr. Watkins Streets, Jr. Watson Flanders Banks Anthony
Brown
OSCAR M. CORBIN, JR. CITY HALL, 2200 SECOND STREET

FORT MYERS, FLORIDA
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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
Pledge of Allegiance to the Flag of the United

States of America
Roll Call
PROCLAMATIONS AND SPECIAL

PRESENTATIONS
1. Presentation to the 2016 Employee of the

Year
2. Presentation on the Horizon Council by

Christopher Spiro, Chief Executive
Officer, Spiro and Associate s
3. Proclamation proclaiming April 2017 as

National Healthcare Decisions Month
PUBLIC INPUT - NON-PUBLIC HEARING

AGENDA ITEMS: (Four (4) minute time limit
per speaker)
Page 1 of 7
AGENDA
April3, 2017
4:30 o'clock p.m.
Cit)' of Palms
Public Hearings: (There are no public hearings) I

(Public input will be heard during the public
hearing)
L __ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ __ J
CONSENT AGENDA (Item Nos . 4 -13)
Any Council Member may have an item

removed from the consent agenda and placed
on the regular agenda for discussion
following the consent agenda.
4. Minutes of the regular City Council

meeting held on March 6, 2017
5. Approve Change Order No. 2, in the

amount of $6,721.16, to Construction
Contract #57-14-15 with Southwest
Utility Systems, Inc. for Aqua Shores
Infrastructure Improvements, reducing
the contract amount fr om $1,109,447 to
$1 , 102,725.84, closing out the project
and releasing final payment including
retainage in th e amount of $11,029.77
(Ward 1)
6. Change Order No. 1, in the amount of

$154, 122 .04, to Task Authorization No.3,
to Agreement Between Owner and
Construction Manager-At-Risk-
Continuing Contract, Request for
Qualifications No . 12-27- 12-PW, with
AIM Construction Contracting, LLC for
Evans Avenue Waterline Improvements
decreasing the contract from
$ 1,983,137.93 to $1,829,015.89 and
increasing the contract time by 90 days to
a completion date of December 7, 2016;
project close out and release of final
payment and retainage in the amount of
$96,568.92 (Ward 3 , Ward 4 , and Ward 5)
Page 2 of 7
AGENDA
April 3, 2017
~
g
4:30 o'clock p.m.
City of Palms
CONSENT AGENDA- Continued
7. Utilization of City of Jacksonville Request

for Proposal P-38- 15 for Registry of
Vacant/ Abandoned Properties with
Community Champions Corporation
8. Utilization of City of Naples Request for

Proposal No. 16-014, Building Permit
Inspection and Plan Review Services in an
estimated annual expenditure of
$200,000
9. Single source procurement of three

wastewater mixing units, in the total
amount of $100,665, from SPX Flow
Technology - Ligh tnin
10. Acceptance and maintenance of potable

water and sanitary sewer utilities for
Bridgetown at the Plantation Phases 3-3,
3-4, and 3-9 at 11403 Treeline Avenue
from Centex Homes (Ward 6)
11. Acceptance and maintenance of potable

water and sanitary sewer utilities for
Arborwood Preserve Phase 1 Subdivision
at 12005 Commerce Lakes Drive, from
WCI Communities, LLC (Ward 6)
12. Amendment 2 to the City of Fort Myers

Employee Policies and Procedures Manual ,
Section 3.12 Service Awards and Employee
Recognition Program and Section
6.09 Workplace Conduct
13. Work Experience Worksite Agreement

with Southwest Florida Workforce
Development Board, Inc. effective July 1,
2017, through June 30, 2018
PUBLIC HEARINGS (on or about 5:15 o'clock

p.m. or as soon thereafter as can be heard)
Page 3 of7
AGENDA
April 3, 2017
4:30 o'clock p.m.
City of Palms
CITY COUNCIL COMMENTS AND ITEMS FOR

CONSIDERATION
14. Discuss possible purchase of property for

sale at 2406-2420 Cortez Boulevard for
City use as a new street right-of-way, new
storm water retention, and new police
sub-station
15. Reappointment of Eileen Kelly Gabourel

to the Local Affordable Housing Advisory
Committee as at large member and
residential home builder representative,
term effective May 19, 2017, through
May 18, 2020
16. Reappointment of John A. Noland ,

Esquire, as Resident Trustee to the Police
Officers' Retirement System Board of
Trustees, term effective April 16, 201 7 ,
through April 15, 2019
17. Report of 37 vacancies on citizens

advisory boards
Page 4 of 7
AGENDA
April 3, 2017
4:30 o'clock p.m.
City of Palms
PERMISSION TO ADVERTISE
18. 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
Permission to advertise, for a public
hearing to be held 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
19. 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
CITY MANAGER'S ITEMS
20. Community Development Block Grant

Program, Citizen Participation
Plan 2015-20 19 , as required by the
United States Department of Housing and
Urban Development
Page 5 of 7
AGENDA
April 3, 2017
4:30 o'clock p .m.
City of Palms
CITY MANAGER'S ITEMS - Continued
21. Interlocal Agreement between 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 Fir e District, South Trail Fire
Protection and Rescue Service District,
and Lehigh Acres Fire Con trol and Rescue
District for closest unit response
22. City of Fort Myers Internship Program
23. 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
24. Presentation of early voting locations for

the 20 17 Primary and General Elections
CITY ATTORNEY'S ITEMS
Time allocated for public comment on

non-agenda items shall be limited to a total of
thirty minutes , or such other period of time
that may be approved by a majority of City
Council.
Page 6 of 7
AGENDA
April 3, 2017
4:30 o'clock p.m.
Ciry of Palms
PUBLIC COMMENT- NON-AGENDA ITEMS:

Speakers who have notified the City Clerk of the
specific s ubj ect no later than five (5) calendar
days prior to the Council meeting m ay speak on
subject matters not on the agenda, provided that
the subject matter is within the jurisdiction of
t h e City Council. (Four (4) minute time limit per
speaker; if speaker addressed City Council
during Public Input on Agenda Items, the time
limit shall be three (3) minutes.)
PUBLIC COMMENT- NON-AGENDA ITEMS:

Speakers who failed to notify the City Clerk no
later than five (5) calendar days prior to the
Council m eeting may speak on subject matters
not listed on the agenda, provided the subject
matter is within the jurisdiction of the City
Council. Each speaker must complete and
submit a Request to Speak form to the City Clerk
prior to the beginning of th e m eeting. (Three (3)
minute time limit per s p eaker.)
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.
Special Requirements: If you require special aid or services as addressed in the Americans
with Disabilities Act, please contact the City Clerk's Office at (239) 321-7035 or for the
hearing impaired , TDD telephone number (239) 332-2541.
Page 7 of7
AGENDA 1
FORT MYERS CITY COUNCIL AGENDA ITEM SUMMARY
MEETING DATE: April 3, 20 17 AGENDA ITEM NO. !

WARD: All Revised: (Date & Time)
[gl Regular D Special 0 Workshop --
Quasi-Judicial DYes D No
181Proclamations 0Consent 0Public 0 City Council 0Permission 0City 0City
& Special Hearings Comments & to Advertise Manager's Attorney's
Presentations Items for Items Items
Consideration
MOTION: A motion is not required MANAGEMENT RECOMMENDATION:
Presentation to the 2016 Employee of the Year
FUNDING SOURCE: NA
FISCAL IMPACT: NA
WHAT ACTION ACCOMPLISHES: Recognizes 2016 Employee of the Year.
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 Employee Recognition Review Committee is comprised of 12 members, one employee

representing each department. The Employee Recognition Review Committee selects three
Employees of th e Quarter. At the end of each year, the recipients of the Employee of the
Quarter are considered for the Employee of the Year award, who is selected by The Employee
Recognition Review Committee.
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
Continued to Next Page ~ Yes D No

Person Initiating Request: Ellen Clyatt Department: Human Resources
Division:
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
Background Information - Continued
Meeting Date: April 3, 2017
Agenda Item No. 1

Revised (Date & Time):
Motion: A motion is not required.
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
MEETING DATE: Ap ril 3, 20 17 AGENDA ITEM NO. ~

WARD: All Revis e d: (Date & Time)
[8J Regular D Special D Work shop --
Quasi-Judicial D Yes [8J No
[giProclamations O consent 0 Public Deity Council 0Permission Deity 0City
Consideration
MOTION: A motion is not required. MANAGEMENT RECOMMENDATION:
Presentation on the Horizon Council by
Christopher Spiro, Chief Executive Officer,
Spiro and Associates.
FUNDING SOURCE: N/A
FISCAL IMPACT: N/A
WHAT ACTION ACCOMPLISHES: Updates the City Council on the Horizon Council activities.
BACKGROUND INFORMATION:
Continued to Next PageD Yes [8J No

Person Initiating Request: Randall P. Henderson, Jr. Department: Mayor
Division:
COUNCIL ACTION
Public Hearing Removed from Consent By: Item Continued Public Hearing Opened: 0
Continued To: To: Public Hearing Closed: 0
Financial Disclosure: 0
Oath: 0
AGENDA 3
MEETING DATE: April3, 2017 AGENDA ITEM NO. 3
[gJ Regular 0 Special 0 Workshop --
Quasi-Judicial 0 Yes [gl No
18] Proclamations O consent 0Public 0City Council 0Permission Deity 0City
Presentations Items for Items Ite ms
Consideration
Proclaim April 2017 as National Health care
Decisions Month.
FUNDING SOURCE: N/ A
FISCAL IMPACT: N / A
WHAT ACTION ACCOMPLISHES: Proclaims April 2017 as National Healthcare Decisions

Month.
BACKGROUND INFORMATION: Al Rothstein, Academy of Florida Elder Law Attorneys , will be

present to accept the proclamation.
Continued to Next Page DYes [gJ No

Person Initiating Request: Randall P. Henderson , Jr. Department: Mayor
Division:
COUNCIL ACTION
Oath: D
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
Wbereas, planning for unexpected events such as becoming incapacitated can

ease the burden on loved ones; and
WIJHPRS, Advance Directives are the tools competent adults can utilize to plan
and make the above decisions; and
Wberras, an Advance Directive is a written or oral statement about how you

want medical decisions made if you become incapacitated and unable to make
them yourself; and
Wbrrl'a!>, there is a great need to educate the public on examples of Advance

Directives; such as Living Wills, Health Care Surrogate Designations, and
Anatomical Donations; and
Wberras, according to Florida law, hospitals, nursing homes, home health

agencies, hospices, and health maintenance organizations (HMOs) are required
to provide their patients with written information concerning health care
advance directives; and
Wberl'as, National Healthcare Decisions Day aims to help people understand

the value of advance healthcare planning.
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
National Healthcare Decisions Month

in Fort Myers, Florida, and urge all citizens to plan because "It always seems
too early, until it's too late."
]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.
3Ranball l9. jf;)rnberson, 3lr.

.l'lllapor
.
'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.
The meetin g was opened in prayer by Dr. Reverend Rickey Anderson,

Followers of Christ Fellowship Ministries.
Mayor Henderson led the Pledge of Allegiance to the Flag of the United
States of America.
ANNOUNCEMENT Mayor Henderson stated that the next regular City

Council meeting would be held on Monday, April 3, 2017, at Oscar M.
Corbin, Jr. City Hall, 2200 Second Street, due to the cancellation of the
meeting on March 20, 2017, becau se City Cou ncil will attend Legislative
Days in Tallahassee. A motion was not made.
NO . 1 PROCLAMATION PROCLAIMING MARCH 2017 AS BELIEVING IN

GIRLS MONTH Mayor Henderson read and presented a proclamation to
Meg Geitner, Executive Director and John Agnew, Member of the Board of
Directors, PACE Center for Girls, Lee Cou nty, proclaim ing March 2017 as
Believing in Girls Month. A motion was not made.
NO. 2 PROCLAMATION PROCLAIMING APRIL 10- 16, 2017, AS

NATIONAL CRIME VICTIMS' RIGHTS WEEK Mayor Henderson read and
presented a proclamation to Chevala Jones, Victim Advocate, Police
Department, p roclaiming April 10- 16, 2017, as National Crime Victims'
Rights Week. A motion was not made.
Councilwoman Watson arrived to the meeting at 4:48 o'clock p.m.
NO. 3 PROCLAMATION PROCLAIMING MARCH 29, 2017, AS VIETNAM

VETERANS DAY Mayor Henderson read an d presented a proclamation to
Estero Island Chapter, National Society Daughters of the American
Revolution: Anita Pinder, 11 Vice Regent, and Carolee Dunivan, Co-Chair,
Vietnam War Commemoration, proclaiming March 29, 2017, as Vietnam
Veteran s Day. A motion was not made.
PUBLIC INPUT - NON!ilPUBLIC HEARING AGENDA ITEMS: ITEM

NO. lOa Steve Ward, resident, stated that the Police Department,
2210 Widman Way, had outgrown its facility. Mr. Ward stated that there
were 6 properties south of the Police Department that should be
considered for purchase by the City. Mr. Ward stated that the Police
Department buildin g was too sma ll for police operation s. Mr. Ward stated
that th e Police Departm ent Needs Assessment conducted by the Freeh
Group Interna tiona l Solutions, LLC did not mention that 85 percent of the
people employed by the Police Department did not live in the City. Mr.
Ward stated that police officers that did not live in the City had no vested
in terest in what was happening in the neighborhoods except wh en they
were on duty. Mr. Ward stated that most police officers did their jobs well
but did not h ave the vested interest they would have if their neighbor was
th e one being injured or robbed. Mr. Ward stated that the buildings
located south of the Police Department had been vacant for 2 years. Mr.
Ward stated that the Police Department needed assistance to improve
operations. Mr. Ward stated that global positioning systems were needed
for the Police Department. Mr. Ward stated that the police cruisers were
not tracked when they left th e City. Mr. Ward stated th at the veh icles
could be anywhere and global positioning systems should be used to
identify the location of every vehicle. A motion was not made.
MINUTES
March 6, 2017
PUBLIC INPUT - N0Nf11PUBLIC HEARING AGENDA ITEMS: ITEM
NO. lOa Anthony Thomas, Jr., resident, stated that the Police Department
Needs Assessment conducted by the Freeh Group International
Solutions, LLC revealed problems from the top to the bottom in the Police
Department. Mr. Thomas stated that police officers interviewed for the
Police Department Needs Assessment provided former Police Chief Doug
Baker instructed police officers to write voluminous a mounts of tickets to
target poor African American and Latino people. Mr. Th om as stated that
the Police Department Needs Assessment revealed police officers were told
to advise Latino residents that their immigration status was not proper so
it was not reported as a robbery but a citizen report. Mr. Thomas stated
that the Police Department Needs Assessment provided police officers
cooperated with drug dealers and endangered the lives of residents. Mr.
Thomas stated that Councilman Streets advised City Council, on two
separate occasions, that police officers were tipping off dru g dealers. Mr .
Thomas stated that Christine Matthews, former Council Member, and her
children were harassed by police officers that led to her resignation from
City Council. Mr. Th omas stated that the Police Department had systemic
problems. Mr. Thomas stated that a motion was needed to direct the City
Manager and the City Attorney to send a letter to Attorn ey General Jeff
Sessions to request a United States Department of Justice investigation
into the Police Department. A motion was not made .
PUBLIC INPUT - NONf1JPUBLIC HEARING AGENDA ITEMS: ITEM

NO. lOa Nicole Dillon , resident, stated that she was in agreement with
Councilman Streets abou t the need for an investigation of the Police
Department by the United States Department of Justice. Ms. Dillon stated
t h at the com munity was in an uproar and had questions and concerns
t h at needed answers. A motion was not made.

NO. lOa Crystal Johnson, resident, stated that she was concerned with
what was happening with the Police Department. Ms. Johnson stated that
it was said that th e public was at fau lt because they would not talk to
police officers. Ms. Johnson stated that the Police Department Needs
Assessment conducted by the Freeh Group International Solutions, LLC
widened the gap between th e community and the Police Department and
provided reason to mistrust police officers. Ms. Johnson stated that giving
one detective 2 weeks to solve a homicide caused concern that homicides
were not solved because of a lack of due diligence by the Police
Department. A motion was not m ade.

NO. lOa Angela McClary, resident, stated that she stood for the voices of
her children, Deonte Redding and Zachary Blue, who were killed on
June 7, 2014. Ms. McClary stated that she had been in contact with the
detective at Police Department for 3 years regarding the homicide of h er
children. Ms. McClary stated that the results of the Police Department
Needs Assessment conducted by th e Freeh Group International
Solution s, LLC were not surprising. Ms. McClary stated that Police Chief
Derrick Diggs increased teamwork in the Police Department. Ms. McClary
stated that sh e was told that the Police Department could not take action
without the State Attorney's Office which was a fabrication by the detective
unit. Ms. McClary stated that there were many murders in 2014 and with
one detective jumping from one case to a nother there would not be
resolutions to cases. Ms. McClary stated that the fede ra l government
should h ave investigated the Police Department a long time ago. Ms.
McClary stated that many members of the community complained abou t
the Police Department. Ms. McClary stated that there was hope that the
Police Department Needs Assessment would help provide closure to the
mothers of t he victims that died as a result of crime that plagued the City.
A motion was not made.
PUBLIC INPUT - NON I'1JPUBLIC HEARING AGENDA ITEMS: ITEM
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.
PUBLIC INPUT- NON t1JPUBLIC HEARING AGENDA ITEMS: ITEM

NO. lOa James Muwakkil, President, Lee County National Association for
the Advancement of Colored People, stated that regarding community
policing, the United States Department of Justice provided as follows:
Community policing to be successful and crime reduction

efforts to be effective, citizens must have trust in the police.
All of us must work together to address the problem of
excessive use of force and racial profiling and equally
important, the perception of many minority residents that
law enforcement treats them unfairly. If we are to build the
confidence in law enforcement necessary for continued
progress, the goal must be professional law enforcement that
gives all citizens of our country the feeling that they are being
treated fairly, equally, and with respect.
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.
CONSENT AGENDA Mayor Henderson stated that any Council member

may request that any item be removed from the Consent Agenda and
placed on the regular agenda for discussion following the adoption of the
Consent Agenda. Councilman Banks stated that Item No. 6, Final plat for
Catoosa Pointe Subdivision, located west of Melaleuca Lane and Catoosa
Vista Drive as requested by Andrew D. Fitzgerald, P.E., DeLisi
Fitzgerald, Inc., representing D.R. Horton, Inc., owner, should be removed
from the consent agenda for discussion. Councilman Flanders stated that
Item No. 7a, 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, should be removed from t he
consent agenda for discussion.
NO. 4 MINUTES Minutes of the regular City Council meeting held on

February 21, 2017, had been delivered to City Council.
NO. 5 MODIFICATION NO. 1 TO SUBGRANT AGREEMENT BETWEEN

THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY TO
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.
NO. Sa CIVICPLUS PROJECT DEVELOPMENT SERVICES & SCOPE OF

SERVICES FOR SUBSITE WITH CIVICPLUS FOR THE DEVELOPMENT
OF A WEBSITE FOR THE POLICE DEPARTMENT CivicPlus Project
Development Services & Scope of Services for Subsite, in th e amount of
$5,000.00, with CivicPlus was fo r the development of a website for the
Police Department. The Police Department website needed to be
redesigned and redeveloped to provide customer assistance for the public.
CivicPlus developed the new website and assigned Police Department
employees to make modifications a nd updates. The website was separate
from the City website and included a distinctive color sch eme, template,
banner, style, and graphic e lements. The website had a unique web
address, graphic buttons, and global navigation.
NO. Sb PROFESSIONAL SERVICES AGREEMENT WITH BARRACO AND

ASSOCIATES, INC. FOR CONSTRUCTION ENGINEERING &
INSPECTION (CEI) SERVICES FOR HANSON STREET EXTENSION
ROADWAY, UTILITY AND DRAINAGE IMPROVEMENTS, REQUEST FOR
QUALIFICATIONS NO. 04-15-16-PW The Professional Services
Agreement, in the amount of $1,529,320.00, with Barraco and
Associates, Inc. was for Construction Engineering & Inspection (CEI}
Services for Hanson Street Extension Roadway, Utility and Drainage
Improvements, Request for Qualifications No. 04-15- 16-PW. City Council,
on July 18, 20 16, approved the ranking of firms for Construction
Engineering & Inspection (CEI) Services for Hanson Street Extension
Roadway, Utility and Drainage Improvements, Request for Qualifications
No. 04-15 -1 6-PW and authorized negotiations with Barraco and
Associates, Inc., the number one ranked firm. The construction of Hanson
Street Extension created a key link between VeronicaS. Shoemaker
Boulevard and Ortiz Avenue by adding additional cor r idors to alleviate
congestion on Colonial Boulevard and Dr. Martin Luther King, Jr.
Boulevard. The Hanson Street connection provided Eastwood Golf Course,
4600 Bruce Herd Lane, and adjacent property owners greater access and
better opportunities for development. The project included roadway
improvements, utility improvements, drainage improvements, and
improvements to Eastwood Golf Course consisting of two p hases as
follows:
Phase I: Renovations to Eastwood Golf Course which

included moving several greens and tee boxes, golf cart
pathway improvements, utility and d rainage improvements
surrounding the Hanson Street Exten sion roadway.
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Phase II: Included new roadway improvements, utility
installation, drainage improvements and street lighting
installation between Veronica S. Shoemaker Bouleva rd a nd
Ortiz Avenue.
NO. 5c TASK AUTHORIZATION NO . 3 TO AGREEMENT BETWEEN

OWNER AND CONSTRUCTION MANAGER-AT-RISK CONTINUING
CONTRACT, REQUEST FOR QUALIFICATIONS NO. 12-2 7-12-PW WITH
TAYLOR-PANSING, INC. FOR RENOVATIONS TO THE FORT MYERS
SKATIUM BUILDING Task Authorization No. 3, in the amount of
$295,727.75, to Agreement Between Owner and Construction
Manager-At-Risk Continuing Contract, Request for Qualifications
No. 12-27 -12-PW with Taylor-Pansing, Inc. was for Renovations to the Fort
Myers Skatium Building, 2250 Broadway. City Council, on June 3, 2013,
approved Agreement Between Owner and Construction Manager-at-Risk
Continuing Contract, Request for Qualifications No. 12-27- 12-PW with
Taylor-Pansing, Inc. An Assessment Report was completed in 2013 fo r the
Skatium by Gora McGahey and noted multiple improvements needed at
the Skatium. Task Authorization No. 3 included but was not limited to
installation of energy efficient low-emissivity ceiling, insulation
improvements surrounding the perimeter walls of the ice rink, realigning
of under ice pipes, and replacement of the sports flooring with a new
rubber flooring.
NO . 5d SUPPLEMENTAL TASK AUTHORIZATION NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT CIVIL ENGINEERING
SERVICES - CONTINUING CONTRACT REQUEST FOR
QUALIFICATIONS NO. 10-29-14-PW WITH DELISI FITZGERALD, INC .
FOR THE NUNA AVENUE PEDESTRIAN FACILITY DESIGN FROM
NOTTINGHAM DRIVE TO GLENWOOD AVENUE Supplemental Task
Authorization No. 3, in the amount of $60,866.00, to Professional Services
Agreement Civil Engineering Services - Continuing Contract Request for
Qualifications No. 10-29-14-PW with Delisi Fitzgerald, Inc. was for the
Nuna Avenue Pedestrian Facility Design from Nottingham Drive to
Glenwood Avenue. The City strived to continuously improve the safety and
connectivity of pedestrian facilities for the benefit of residents and visitors.
The Bicycle and Pedestrian Plan provided sidewalks were an integral part
of a pedestrian system to connect residential a reas to businesses, schools,
and recreational facilities. Nuna Avenue was classified as an urban local
roadway and Priority 1 of bicycle/pedestrian improvemen ts, due to its
location near a school. The purpose of the Nuna Avenue Pedestrian
Facilities Design project was to design a 5 foot wide concrete sidewalk,
curb, and pedestrian bridge access over Billy Creek. The project included
improvements to the open ditches along the alignment to construct the
sidewalk. The construction of the project was scheduled to begin in
January 2018.
NO. 6a FINAL PLAT FOR COLONIAL-82 RETAIL SUBDIVISION

LOCATED SOUTHWEST OF THE INTERSECTION OF COLONIAL
BOULEVARD AND STATE ROAD 82 AS REQUESTED BY JENNIFER
SHEPPARD, BANKS ENGINEERING., REPRESENTING COLONIAL
EXTENSION 332 LLC, W. KIRK BECK, MANAGER The final plat for
Colonial-82 Retail Subdivision, located southwest of the intersection of
Colonial Boulevard and State Road 82, was requested by Jennifer
Sheppard, Banks Engineering., representing Colonial Extension 332 LLC,
W. Kirk Beck, Manager. The plat contained a 4.23 acre, more or less,
portion of property located at 11021 Colonial Boulevard into 1 commercial
parcel and 1 right-of-way. An outside engineering firm reviewed the
preliminary and final plats for the City, which service was required to be
paid by the applicant. Elizabeth F. Gaines, P.S.M., Professional Surveyor
and Mapper, E.F. Gaines Surveying Services, Inc., found the plat to be
consistent with the Land Development Code, Chapter 130, Subdivisions,
and Florida Statutes, Chapter 177. Plats were n ot reviewed by the
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March 6, 2017
Planning Board. Staff recommended approval and found the replat to be
consistent with the City Comprehensive Plan and Land Development Code.
NO . 6b DEED OF CONSERVATION EASEMENT PASSIVE

RECREATIONAL USES THIRD PARTY BENEFICIARY RIGHTS TO
USACE WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
WITH THIRD PARTY ENFORCEMENT RIGHTS TO THE UNITED
STATES ARMY CORPS OF ENGINEERS FOR THE FORD STREET
PRESERVE AT SHADY OAKS PARK The Deed of Conservation Easement
Passive Recreational Uses Third Party Beneficiary Rights to USACE with
the South Florida Water Management District with third party
enforcement rights to the United States Army Corps of Engineers was for
the Ford Street Preserve at Shady Oaks Park. The property was described
as follows:
A tract or parcel of land lying in the Northeast

One-Quarter (NE 1/4) of Section 18, Township 44 South,
Range 25 East, City of Fort Myers, Lee County, Florida, being
a portion of lands described in Official Record Book 1037,
Page 1275 and Official Record Book 1088, Page 122 , of the
Public Records of Lee County, Florida, said tract or parcel
being described as follows:
Commencing at the northwest corner of the Northeast

One-Quarter (NE 1/4) of said Section 18, thence
South 01 38'44" East, along the west line of said fraction, a
distance of 952.55 feet; thence South 8821 ' 16" West,
departing said west line, a distance of342.08 feet to the point
of beginning of herein described parcel.
From said point of beginning thence South 8436'05" East , a

distance of 19.03 feet; thence North 0352'18" East, a
distance of 13.90 feet; thence South 79. 36'52" East, a
distance of 34.59 feet; thence South 8542'46" East, a
distance of 37.48 feet; thence North 8536'32" East , a
distance of 43.89 feet; thence North 62. 23'24" East, a
distance of 19.21 feet; thence North 700 1'25" East, a
distance of 22.13 feet; thence South 61 08'29" East, a
distance of 11.95 feet; then ce South 5658'57" East, a
distance of 14.90 feet; thence North 7457'53" East , a
distance of 19.96 feet; thence North 5315'27'' East, a
distance of 47.17 feet; thence North 86.07'17'' East, a
distance of 71.11 feet; thence South 32. 35'35" East, a
distance of 48.04 feet; thence South 5744' 17'' West, a
distance of 5.00 feet; thence North 5744'17" East, a distance
of 5.00 feet; thence South 32. 35'35" East, a distance of
28.55 feet; thence South 0935'21" East, a distance of
9.28 feet; thence South 1547'44" West, a distance of
10.61 feet; thence South 25. 26'28" West, a dista nce of
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March 6, 2017
7.67 feet; thence South 43 11 '24" West, a distance of
36.70 feet; thence South 44 15'02" West, a distance of
4.96 feet; thence South 61 o 16'00" 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
37.37 feet; thence North 45 18'04" West, a distance of
44.06 feet; thence South 6001 '49" West, 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 8358'55" West, a distance of 27 .80 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 1811 '02" West, a distance of 7.75 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
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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 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.
Containing 199,297 square feet or 4.58 acres, more or less.
Bearings hereinabove mentioned are based on the west line

of the Northeast One-Quarter (NE 1/4) of Section 18,
Township 44 South, Range 25 East, City of Fort Myers, Lee
County Florida, to bear South 01 38'44" East.
City Council, on May 7, 2010, approved the submittal of an application for

Section 319 Nonpoint Source Management Program grant offered through
the Florida Department of Environmental Protection, on behalf of the U.S.
Department of Environmental Protection, through Section 319 of the
Federal Clean Water Act. City Council, on May 7, 2012, approved Grant
Agreement No. G0345, in the amount of $606,000.00, for the Ford Street
Drainage Improvements also known as Ford Street Preserve at Shady
Oaks. The Ford Street Drainage Improvements project created an 8 acre,
more or less, filter marsh surface water treatment facility north of the Fort
Myers Cemetery, 3200 Michigan Avenue, and east of the Central Advanced
Wastewater Treatment Plant, 1501 Raleigh Street, at the northern
terminus of the Ford Street Canal with Billy Creek to reduce pollutants of
nutrients, suspended solids, and sediments conveyed in the canal to
improve the overall water quality of Billy Creek and stormwater discharges
to the Caloosahatchee River. The project elevated the boardwalk along the
perimeter of the marsh for use as a nature and exercise trail. Th e South
Florida Water Management District Permit No. 36-04225-P required, as
part of the permit, the granting of a Deed of Conservation Easement for
the project area with third party beneficiary rights to the U.S. Army Corps
of Engineers for Permit No. SAJ-2011-02404 (LOP-WDD). City Council,
on June 15, 2015, approved the original conservation easement. During
the construction of the project changes to the layout required the
Conservation Boundaries be revised.
NO . 6 c TERMINATION OF EASEMENT GRANTING THE 5 FOOT WIDE

PERPETUAL AND EXCLUSIVE EASEMENT FOR UTILITIES IN A GRANT
OF PUBLIC DRAINAGE EASEMENT DATED DECEMBER 19, 2008,
RECORDED IN INSTRUMENT 2009000034089, AND A 30 FOOT
PERPETUAL AND EXCLUSIVE EASEMENT FOR UTILITIES IN A GRANT
OF PUBLIC DRAINAGE EASEMENT DATED JANUARY 13, 2009,
RECORDED IN INSTRUMENT 2009000048043, LOT 9 , BLOCK B ,
DEAN'S SUBDIVISION KNOWN AS 2601 FIRST STREET, TO CEDAR
RIVER AT FORT MYERS LLC The Termination of Easemen t granting the
5 foot wide perpetual and exclusive easement for utilities in a Grant of
Public Drainage Easement dated December 19, 2008, recorded in
Instrument 2009000034089, and described as follows:
A strip of land five (5) feet wide lying in Section 13,

Township 44 South, Range 24 East and Dean's Subdivision
as record in Plat Book 4, Page 24, Lee County Records, Lee
County, Florida, said strip of land being more particularly
described as follows:
Beginning at the most southerly corner of Lot 9, Block B of

said record plat of Dean's Subdivision run S 5807'23" W
along the northwesterly right-of-way line of First
Street (60 feet wide) for 270.48 feet; thence run
N 3133'01" E for 44.71 feet; thence run N 5807'23" E for
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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.
Containing 0.04 acres, more or less.
Bearings hereinabove mentioned are based on the

northwestly right-of-way line of First Street of said record
plat to bear S 58.07'23" W.
and a 30 foot perpetual and exclusive easement for utilities in a Grant of

Public Drainage Easement dated January 13, 2009, recorded in
Instrument 2009000048043, Lot 9, Block B, Dean's Subdivision known
as 2601 First Street, and described as follows:
A strip of land (variable width) lying in Section 13,

Township 44 South, Range 24 East and Dean's Subdivision
as recorded in Plat Book 4, Page 24, Lee County Records, Lee
County, Florida, said strip of land being more particularly
described as follows:
Commencing at the most southerly corner of Lot 9, Block B

of said record plat of Dean's Subdivision run S 58. 07'23" W
along the northwesterly right-of-way line of First
Street (60 feet wide) for 270.48 feet to the point of beginning.
From said point of beginning continue S 5807'23" W a long

said northwesterly right-of-way line for 30.00 feet; thence
run N 31"52'37" W for 105.00 feet to a point of curvature;
thence run northerly along an arc of a curve to the right of
radius 35.00 feet (delta 90. 00'00") (chord bearing
N 13. 07'23" E) (chord 49.50 feet) for 54.98 fee t to a point of
tangency; thence run N 58. 07'23" E for 165.48 feet to a point
of curvature; thence run northerly along an arc of a curve to
the left of radius 5.00 feet (delta 90. 00'00") (chord bearing
N 13. 07'23" E) (chord 7.07 feet) for 7.85 feet to a point of
tangency; thence run N 3152'37" W for 79.61 feet to a point
of curvature; thence run northerly a long an arc of a curve to
the right of radius 35.00 feet (delta 90. 00'00") (chord bearing
N 13. 07'23" E) (chord 49.50 feet) for 54.98 feet to a point of
tangency; thence run N 5807'23" E for 200.00 feet to an
intersection with the southwe sterly line of Lot 8, Block B of
said record plat; thence run S 31 52'37" E a long the
southwesterly line for 18.87 feet to an intersection with the
northerly terminus of the right-of-way of Shelton Court as
show on said record plat; thence run S 58 12'36"W along
said northerly terminus of said right-of-way line for
40.00 feet to an intersection with the northeasterly line of
said Lot 9, Block B; thence run S 31 52'37" E along said
northeasterly line for 11.20 feet; thence run S 58. 07'23" W
for 160.00 feet to a point of curvature; thence run southerly
along an arc of a curve to the left of radius 5.00 feet (delta
90. 00'00") (chord bearing S13.07'23" W) (chord 7.07 feet) for
7.85 feet to a point of tangency; thence runS 31 52'37" E for
79.61 feet to a point of curvature; thence run southerly a long
an arc of a curve to the right of radius 35.00 feet
(delta 9ooo'OO")(chord bearing S 13. 07'23" W)(chord
49 .50 feet) for 54.98 feet to a point of tangency ; thence run
S 58. 07'23" E for 165.48 feet to a point of curvature; thence
run southerly along an arc of a curve to the left of radius
5.00 feet (delta 90. 00'00") (chord bearing S 13. 07'23" W)
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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.
Containing 0.43 acres, more or less.
Bearings hereinabove mentioned are based on the

northwesterly right-of-way line of First Street of said record
plat to bearS 58. 07'23" W.
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.
NO.7 AGREEMENT PROVIDING FOR CITY TRAFFIC CONTROL

JURISDICTION OVER CERTAIN ROADS WITHIN GATEWAY SERVICES
COMMUNITY DEVELOPMENT DISTRICT WITHIN PELICAN PRESERVE
WITH GATEWAY SERVICES COMMUNITY DEVELOPMENT DISTRICT
The Agreement Providing for City Traffic Control Jurisdiction Over Certain
Roads Within Gateway Services Community Development District within
Pelican Preserve was with Gateway Services Community Development
District. The Gateway Services Community Development District
requested that the Police Department patrol Aviano Drive, Avila Circle,
Bellagio Court, Bellagio Drive, Bella Vista Court, Bella Vista Drive, Breno
Drive, Camarelle Circle, Diamante Drive, Pelican Preserve Boulevard,
Ravenna Way, Sevilla Drive, Tiberio Drive, Tirana Court , Trieste Drive,
Valentina Court, Vicenza Court, Vicenza Drive, and Veneto Drive located
within Pelican Preserve. The roadways were owned, controlled, and
maintained by the Gateway Services Community Development District.
The Police Department confirmed there was an enforcement need on the
above listed roadways. The City Engineer recommended approval subject
to compliance with the Manual on Uniform Traffic Control Devices and
applicable Florida Statutes. The City would be included as an additional
insured on all the liability insurance policies of the Gateway Services
Community Development District relating to ownership, construction,
maintenance, or repair of the roads and appurtenances in Pelican
Preserve. The agreement was effective upon adoption and may be
terminated by either party upon 30 day written notice.
NO. 7b ACCEPTANCE AND MAINTENANCE OF POTABLE WATER AND

SANITARY SEWER UTILITIES FOR SOMERSET AT THE PLANTATION
PHASE 4A, 12940 GLADSTONE WAY, FROM CENTEX HOMES/ PULTE
HOME CORPORATION The acceptance and maintenance of potable water
and sanitary sewer utilities for Somerset at the Plantation Phase 4A,
12940 Gladstone Way, was from Centex Homes/Pulte Home Corporation.
Somerset at the Plantation Subdivision, 10990 Plantation Gardens Drive,
was subdivided into multiple phases by the developer, Centex
Homes/Pulte Home Corporation. The subdivision was located east of
Treeline Avenue and north of Daniels Parkway. The water main and sewer
main were in the private right-of-way and located in the public utility
easement as recorded under the plat for Somerset at the Plantation
Phase 4A. The City maintained 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. Assets given to the City by the developer
become City assets and must be reflected in the Water/Wastewater Utility
asset records. Generally Accepted Accounting Principles, which the
auditors used to provide the audit opinion, required that assets that were
donated be valued in the financial records at fair market value. The
developers provided the cost of the assets that were recorded as a capital
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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.
NO. 7c ACCEPTANCE AND MAINTENANCE OF POTABLE WATER AND

SANITARY SEWER UTILITIES FOR SOMERSET AT THE PLANTATION
PHASE 4B, BALLANTYNE COURT AND EPPING WAY, FROM CENTEX
HOMES/PULTE HOME CORPORATION The acceptance and
maintenance of potable water and sanitary sewer utilities for Somerset at
the Plantation Phase 4B, Ballantyne Court and Epping Way, was from
Centex Homes/Pulte Home Corporation. Somerset at the Plantations
Subdivision, 10990 Plantation Gardens Drive, was subdivided into
multiple phases by the developer, Centex Homes/Pulte Home Corporation.
The subdivision was located east of Treeline Avenue, north of Daniels
Parkway. The water main and sewer main were in the private right-of-way
and located in the public utility easement as recorded under the plat for
Somerset at the Plantation Phase 4B. The City maintained 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. Assets
given to the City by the developer become City assets and must be reflected
in the Water/Wastewater Utility asset records. Generally Accepted
Accounting Principles, which the auditors used to provide the audit
opinion, required that assets that were donated be valued in the financial
records at fair market value. The developers provided the cost of the assets
that were recorded as a capital contribution since the City did not pay for
the assets. The total contributory assets for Phase 4B sewer was
$121,865.12 and water was $91,064.83.
MOTION FOR CONSENT AGENDA It was moved by Councilman Streets,

seconded by Councilwoman Anthony and unanimously carried to approve
the Consent Agenda as written with the exception of Nos. 6 and 7a. The
various officials were hereby authorized and directed to take such action
as may be necessary to give effect to the recommendations.
ITEM REMOVED FROM CONSENT AGENDA BY COUNCILMAN BANKS:

NO.6 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
Councilman Banks stated that Andrew D. Fitzgerald, P.E., DeLisi
Fitzgerald, Inc., representing D.R. Horton, Inc., owner, requested approval
to plat 4 previously unplatted lots into a subdivision containing
9 single-family lots and 1 right-of-way tract to be known as Caloosa Pointe
Subdivision. Councilman Banks stated that the single-family lots
conformed with the Residential Single-Family 5 (RS-5) zoning regulations
a nd were a minimum of 80 feet wide as provided in the Land Development
Code. Councilman Banks stated that a n outside engineering firm reviewed
the preliminary and final plats for the City, which service was required to
be paid by the applicant. Councilman Banks stated that Richard M.
Ritz, R.L.S., Registered Land Surveyor, Banks Engineering, Inc., found the
plat to be consistent with the Land Development Code, Chapter 130,
Subdivisions, and Florida Statute, Chapter 177. Councilman Banks
stated that plats were not reviewed by the Planning Board. Councilman
Banks stated that staff recommended approval and found the replat to be
consistent with the City Comprehensive Plan and Land Development Code.
Councilman Banks stated that residents in the area had concerns and
were not notified that the final plat was on the agenda. Councilman Banks
stated that D.R. Horton, Inc. agreed to continue the item to April 3, 2017.
Councilman Banks stated that D.R. Horton, Inc. wanted some relief on
starting a model home. Saeed Kazemi, P.E., City Manager, stated that the
City would accept the application from D.R. Horton, Inc. for construction
of a model home. Mr. Kazemi stated that the plat should be approved
before issuing a permit. Councilman Banks stated that the plat could not
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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.
ITEM REMOVED FROM CONSENT AGENDA BY COUNCILMAN

FLANDERS: NO. 7a TRAFFIC SIGNAL MAINTENANCE AND
COMPENSATION AGREEMENT EXHIBIT A, IN THE AMOUNT OF
$270,350, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR FISCAL YEAR 2017-2018 Councilman Flanders stated that City
Council, on September 27, 2002, approved the Traffic Signal Maintenance
and Compensation Agreement with the Florida Department of
Transportation for compensation for maintaining traffic signals on
state-owned roadways. Councilman Fla nders stated that the City
maintained 62 traffic signals and other devices, based on the Florida
Department of Transportation inventory. Councilman Flanders stated
that the City would receive one lump sum payment, in the amount of
$270,350.00, in accordance with Exhibit A, at the end of the contract
period of July 1, 2017, to June 30, 20 18. Councilman Flanders stated
that the City received compensation, in the amount of$263,775.00 for the
maintenance of 62 traffic signals and other devices for Fiscal
Year 2016-2017. Councilman Flanders stated that Fiscal Year 2017-2018
included an increase of $6,575.00 pursuant to Amendment No. 1
approved July 2009, that increased the unit rate by 3 percent each fiscal
year. Councilman Flanders stated that funding, in the amount of
$4,360.00, was required for maintenance of the signal lights at each of the
62 intersections. Saeed Kazemi, P.E., City Manager, stated that the City
maintained more lights than the 62 intersections located on state roads.
Councilman Flanders stated that funding, in the approximate amount of
$500,000.00, was needed for the maintenance of signals throughout the
City. Councilman Flanders stated that the maintenance of lights, after
10 years, was $5,000,000.00 of state and local funding. Councilman
Flanders stated that the expense, after 25 years, was close to
$15,000,000.00 to maintain the intersections. Councilman Flanders
stated that the costs to maintain sign alized intersections was enormous.
12
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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.
NO. 8 CONTINUED PUBLIC HEARING: THIRD READING - ORDINANCE

NO. 3796 AMENDING THE CITY CODE, SUB-PART B LAND
DEVELOPMENT CODE, CHAPTER 118 LAND USE REGULATIONS,
ARTICLE 7 . COMMUNITY APPEARANCE, SECTION 118.7.7 PUBLIC
ART TO ENCOURAGE CONTRIBUTIONS BY PRIVATE DEVELOPMENTS
TO THE PUBLIC ART FUND Pursuant to advertisement in The
NewsiDPress, issue of January 26, 2017, Affidavit of Publication on file, the
public hearing continued from February 6, 2017, was held at this time on
amending the City Code, Sub-Part B Land Development Code,
Chapter 118 Land Use Regulations, Article 7. Community Appearance,
Section 118.7.7 Public Art. Mayor Henderson introduced and caused to
be read by Grant W. Alley, City Attorney, in full by its title for th e third
reading, an ordinance, as hereinafter set out entitled:
ORDINANCE NO. 3796
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FORT MYERS, FLORIDA, AMENDING THE CITY CODE,
SUB-PART B, LAND DEVELOPMENT CODE, CHAPTER 118
LAND USE REGULATIONS, ARTICLE 7. COMMUNITY
APPEARANCE, SECTION 118.7.7 PUBLIC ART; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
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:
If an applicant for a planned unit development declines to

contribute to the public art fund, the applicant shall provide
a written statement outlining their justification for not
supporting art in public places. The written statement shall
13
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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:
The city when building capital improvement projects, with a

construction value of $250,000 or more shall pay and
amount of not less than 0.5% .. ."
Mayor Henderson stated that City Council, on February 6, 2017,

continued the public hearing to March 6, 2017, with amendments as
follows:
Section B: Definitions: Capital improvement projects

definition was amended to vertical capital improvement
projects and excludes underground utilities.
Section C 1: Vertical was added to capital improvement

p rojects and the percentage for art fee was increased from
.5% to 1%.
Section 5: Last two sentences d eleted as follows:

If an applicant for a planned unit development declines to
contribute to the public art fund, the applicant shall provide
a written statement outlining their justification for not
supporting art in public places. The written statement shall
be included in the report to the planning board and city
council at any hearing to consider the planned unit
development.
Section F: Changed from providing 10% for conservation,

repairs and maintenance to at least 10% and up to 25% and
the specific reserve between 10% and 25% shall be reviewed
annually by the Public Art Committee and presented to city
council for approval. Funds shall be solely for conservation,
repair, and maintenance.
Mayor Henderson stated that the Building and Zoning Oversight

Committee, on February 23, 2017, voted to oppose the proposed public art
ordinance. Saeed Kazemi, P.E., City Manager , stated that the public
hearing should be continued to the second City Council meeting in
April 2017. Mayor Henderson stated that an email was received by the
Lee Building Industry Association requesting additional time to review the
ordinance. There being no one else present to be heard, it was moved by
Councilwoman Anthony, seconded by Councilwoman Brown and
unanimously carried to continue the public hearing to April17, 2017.
NO. 9 PUBLIC HEARING: SECOND READING - ORDINANCE NO. 3798

AMENDING ORDINANCE NO. 3777, THE DEVELOPMENT 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
(QUASI-JUDICIAL) Pursuant to advertisement in The News121Press, issue
of February 17,2017, Affidavit of Publication on file, the public hearing
was held at this time on amending Ordinance No. 3777, the Development
14
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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:
ORDINANCE NO. 3798
AN ORDINANCE
To Be Entitled:

FORT MYERS, FLORIDA, AMENDING ORDINANCE
NO. 3777, THE DEVELOPMENT ORDER FOR THE
ARBORWOOD DEVELOPMENT OF REGIONAL IMPACT
LOCATED EAST OF INTERSTATE NO. 75 AND SOUTH OF
COLONIAL BOULEVARD AND ON THE EAST AND WEST
SIDES OF TREELINE AVENUE, IN SECTIONS 2, 3, 10, 11,
12, 13, 14, 15, AND 23, TOWNSH IP 45 SOUTH, RANGE 25
EAST; BY EXTENDING THE DATES FOR BUILDOUT,
PHASING, CONCURRENCY VESTING AND EXPIRATION
PROVIDED THEREIN; RESCINDING ORDINANCE NO. 3777;
PROVIDING FOR LEGAL STATUS, PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE
DATE.
Councilman Banks stated that there had been no exparte communication

regarding amending the Development Order for Arborwood Development
of Regional Impact. Councilwoman Anthony stated that there had been
no exparte communication regarding amending the Development Order for
Arborwood Development of Regional Impact. Councilman Streets stated
that there had been no exparte communication regarding amending the
Development Order for Arborwood Development of Regional Impact.
Mayor Henderson stated that there had been no exparte communication
regarding amending the Development Order for Arborwood Development
of Regional Impact. Councilman Flanders stated that there had been no
exparte communication regarding amending the Development Order for
Arborwood Development of Regional Impact. Councilwoman Brown stated
that there had been no exparte communication regarding amending the
Development Order for Arborwood Development of Regional Impact.
Councilwoman Watson stated that there had been no exparte
communication regarding amending the Development Order for
Arborwood Development of Regional Impact. Marie Adams, MMC, City
Clerk, administered the oath to those people who would give testimony
during the quasiiZijudicial hearing. Joe Adams, Esquire, Pavese Law Firm,
representing WCI Communities, LLC, owners, stated that compensation
had not been given or offered to object or not object to amending the
Development 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. Mayor Henderson stated that Neale Montgomery,
Esquire, representing Richard Arkin, GL Home, and Richard McCormick,
Centex Homes, owners, requested an extension of the buildout date and
expiration of the Development Order for Arborwood Development of
Regional Impact. Mayor Henderson stated that the request was for a
1 year extension to extend the project buildout date from April 1, 2025, to
April 1, 2026, and to extend the project expiration date from April 1, 2026,
to April 1, 2027. Mayor Henderson stated that the modifications to the
Development Order did not constitute a substantial deviation, and a Notice
15
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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.
NO. 10 PUBLIC HEARING: SECOND READING - ORDINANCE NO . 3799

AMENDING THE CITY CODE, CHAPTER 54 NUISANCES, ARTICLE X
POST CONSTRUCTION MAINTENANCE OF STRUCTURES AND
PREMISES, DIVISION 3 STANDARDS, SECTION 54-396
INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED, BY
ADOPTING THE 2015 INTERNATIONAL PROPERTY MAINTENANCE
CODE Pursuant to advertisement in The Newsi11Press, issue of
February 23,2017, Affidavit of Publication on file, the public h earing was
held at th is time on amending the City Code, Chapter 54 Nuisances,
Article X Post Construction maintenance of Structures and Premises,
Division 3 Standards, Section 54-396 International Property Maintenance
Code adopted, by adopting the 2015 International Property Maintenance
Code. 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 e ntitled:
ORDINANCE NO. 3799
AN ORDINANCE
To Be Entitled:

FORT MYERS, FLORIDA, ADOPTING AMENDMENT
NO. 16-TA-01, ALSO KNOWN AS 16- 1ESR, INTO THE
COMPREHENSIVE PLAN TO MODIFY THE FUTURE LAND
USE ELEMENT AND THE TRANSPORTATION ELEMENT
REGARDING THE CSX/SEMINOLE GULF RAIL CORRIDOR;
FORWARDING THE ADOPTED AMENDMENTS TO THE
DEPARTMENT OF ECONOMIC OPPORTUNITY AND OTHER
AGENCIES REQUIRING NOTIFICATION; PROVIDING FOR
LEGAL STATUS, PROVIDING FOR SEVERABILITY, AND
PROVIDING FOR EFFECTIVE DATES OF THE
AMENDMENTS AND THIS ORDINANCE.
Mayor Henderson stated that City Council, on October 2, 2006, adopted

the 2006 International Property Maintenance Code. Mayor Henderson
stated that the International Property Maintenance Code was used by the
Code Enforcement Division and the Building Division to ensure properties
were maintained to meet the life, health and safety standards. Mayor
Henderson stated that the International Code Council, Inc. published the
2015 International Property Maintenance Code which must be adopted by
City Council. It was moved by Councilman Banks and seconded by
Councilwoman Brown to adopt Ordinance No. 3799. Councilman
Flanders stated that action and enforcement were needed to e nsure that
properties complied with City Code. Councilman Flanders stated that a
small building south of the Andrew D. Gwynne Institute, 2266 Second
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.
NO. lOa FORT MYERS POLICE DEPARTMENT NEEDS ASSESSMENT

BY FREEH GROUP INTERNATIONAL SOLUTIONS, LLC Mayor
Henderson stated that City Council, on May 16, 2016, approved an
agreement, in the not to exceed amount of $150,000.00, with Freeh Group
International Solutions, LLC to prepare an independent review of the
investigative functions of the Police Department. Mayor Henderson stated
that the Police Department Needs Assessment was completed on
February 22, 2017, to the City Manager and City Council. Councilman
Streets stated that City Council should take leadership and discuss the
results of the Police Department Needs Assessment and make
recommendations for future action by the City Manager and Police Chief.
Councilman Streets stated that the Police Department Needs Assessment
provided a wake-up call to City Council about issues in the Police
Department. Councilman Streets stated that people in Wards 1, 2, and 3
had been on the losing end of things for a long time and the Police
Department Needs Assessment provided hope that they would start
winning again. Councilman Streets stated that the City had police officers
that were committed to doing their job and the Police Department Needs
Assessment provided that some issues had gone unchecked. Councilman
Streets stated that Chief Diggs would provide leadership to direct the Police
Department into the future. Councilman Streets stated that the
recommendations should be completed within 6 months to one year.
Councilman Streets stated that the community needed to hold the City
Council accountable and responsible to do their jobs. Councilman Streets
stated that the Police Department had some of the best police officers and
the Police Department Needs Assessment provided th at some of them may
have gone astray. Councilman Streets stated that the police officers had
a Bill of Rights that protected or limited information disclosed by the Police
Chief. Councilman Streets stated that the Police Department Needs
Assessment included Appendix B which was released only to the Police
Chief. Councilman Streets stated that the Department of Justice asserted
that the same investigation could be done at no cost to the City.
Councilman Streets stated that it was incumbent on City Council to
determine if the allegations in the Police Department Needs Assessment
were true and take appropriate action through the City Manager and the
Police Chief to ensure the allegations were addressed. Councilman Streets
stated that the Police Department was short-handed and the assertion
that more could be done with less resources was incomprehensible.
Councilman Streets stated that another independent investigation was
needed based on some charges could be leveled. Councilman Streets
stated that lives could have been lost because people in the Police
Department were not doing their jobs. Councilman Streets stated that
trust, transparency, and ethical ambition needed to be restored between
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,
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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.
Councilman Streets stated that he was approached by some police officers

for help at the Police Department. Councilman Streets sta ted that the City
had been in a similar situation many years ago and Jim McGee, a reporter
at The News-Press, published a story about the Police Department.
Councilman Streets stated that The News-Press reporters Jim McGee,
Fran Williams, and Lee Melsek wrote stories to expose problems, not just
to meet deadlines. Councilman Streets stated that The News-Press was
lacking investigative reporters that would report the trut h. Councilman
Streets stated that the law enforcement community had to provide the
media with the truth.
Councilman Streets stated that a collaborative effort was needed with the
media, the people, leaders of the community, and pastors.
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.
Councilwoman Brown left the meeting at 6:30 o'clock p.m.
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
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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.
Councilwoman Brown returned to the meeting at 6:34 o'clock p.m.
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
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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.
NO . 11 CITIZEN ADVISORY BOARD VACANCIES Mayor Henderson

stated that there were 35 vacancies on the citizen advisory boards. A
motion was not made.
Councilwoman Watson left the meeting at 6:56 o'clock p.m.
NO . 11a CREATE A DEPUTY POLICE CHIEF POSITION AND

2 ADDITIONAL LIEUTENANT POSITIONS INCLUDING BENEFITS AND
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:
Item No. 1: At present, the Department is a "flat"

organization. There are 3 captains (in addition there is
1 vacancy) who occupy the highest level of leadership below
the chief position. We would recommend that the City hire
2 deputy chiefs on an interim basis. We would note that the
position of deputy chief previously existed but that, at
present, it does not. The current management structure of
4 captains unfortunately causes information to be isolated
into four separate segments of t he department. As a result,
communication within the department is severely curtailed.
There should be a position inserted above captain that
improves accountability within each Bureau and insures the
Chief is fully informed.
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.
Item No.2: The Department should purchase laptops,

printers, and docking stations for each detective.
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.
Item #3: More attention was needed for dedicated

supervision of investigative services within the Investigations
Bureau and internal affairs within the Professional
Standards Bureau. The creation of two lieutenant positions
adequately corresponded to the recommendations provided
in the Needs Assessment.
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.
Councilwoman Watson returned to the meeting at 6:58 o'clock p.m.
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.
NO. llb CREATING AN ECONOMIC DEVELOPMENT MANAGER

POSITION FOR SALARY AND BENEFITS FOR THE REMAINDER OF
FISCAL YEAR 2016-2017 Saeed Kazemi, P.E., City Manager, stated that
one of the goals in the Strategic Plan was to foster economic development
for the City. Mr. Kazemi stated that City Council created and appointed
an Economic Development Advisory Board which met monthly. Mr.
Kazemi stated that the Fort Myers 2028 Strategic Plan established the
community vision set by City Council in 2013. Mr. Kazemi stated that
elected City leadership, the City management team, and the city
organization committed to vision statements to guide decisions
through 2028. Mr. Kazemi stated that the vision statement for 2028
identified 8 guiding principles to provide the clarity and direction to
maintain the prominence of the City as a leader on the gulf coast of Florida.
Mr. Kazemi stated that the Economic Development Manager, under the
direction of the City Manager, would perform professional work in
neighborhood and economic development, perform a variety of program or
project planning activities that impacted municipal development which
included analyzing data, and formulating and recommending plans and
programs relevant to municipal conditions and needs. Mr. Kazemi stated
that the Economic Development Manager would provide direction and
support to the Economic Development Advisory Board. Mr. Kazemi stated
that th e salary and benefits for the Economic Development Manager for
one year was estimated at $154,457.00. Mr. Kazemi stated that the
position would be funded through the salary savings from the vacant
Assistant City Manager position until the end of Fiscal Year 2016-2017. It
was moved by Councilman Streets, seconded by Councilwoman Anthony
and unanimously carried to approve creating an Economic Development
Manager position, in the amount of $77,228.00, for salary and benefits for
the remainder of Fiscal Year 2016-2017.
NO. 11c 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 Grant W. Alley, City Attorney, stated that the On-Call
Legal Advisor for the Police Department Memorandum of Understanding
with Douglas Molloy, Esquire, was to provide on-call legal services to the
Police Department. Attorney Alley stated that the On-Call Legal Advisor
for the Police Department Memorandum of Understanding provided the
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.
NO . lld RETENTION OF PENNINGTON LAW FIRM FOR LITIGATION

ON THE 2 CASES AND/OR POTENTIAL FOR AGREEMENT WITH THE
CITY OF CAPE CORAL AS IT RELATES TO RECLAIMED WATER
Grant W. Alley, City Attorney, stated that Pennington Law Firm would be
retained for litigation and/or potential for agreement on 2 cases with the
City of Cape Coral as it related to reclaimed water. Attorney Alley stated
that the City was sued by the City of Cape Coral as follows:
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).
City of Cape Coral, FL v. City of Fort Myers, FL and

South Florida Water Management District, DOAH Case
number 17-1075 (SFWMD No. 2016-085-DAO-WU).
Please find attached the Second Amended Petition for
Administrative Hearing. The exhibits are not attached
to the Second Amended Petition.
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.
PUBLIC INPUT - NONrllAGENDA ITEMS: POLICE DEPARTMENT

Anthony Thomas, Jr. , resident, stated that everyone in the United States
was equal before the law.
Councilwoman Anthony left the meeting at 7:23 o'clock p.m.
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.
Councilwoman Anthony returned to the m eeting at 7:25 o'clock p.m.
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.
Mayor Henderson assumed 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.
PUBLIC INPUT - NONIMGENDA ITEMS: SCHOLARSHIPS TO LOCAL

LAW ENFORCEMENT ACADEMY E. Bruce Strayhorn, Esquire,
Strayhorn & Persons, Attorneys and Counsellors at Law, stated that the
Housing Authority of the City of Fort Myers will offer every graduate of any
high school in the City full sch olarship to the Law Enforcement Academy.
Attorney Strayhorn stated that the Housing Authority of the City of Fort
Myers offered scholarships in the past and the graduates were a valuable
commodity. Attorney Strayhorn stated that City Council should partner
with the Lee County School District to provide additional scholarship
opportunities. Attorney Strayhorn stated that there was not a lot of local
young men and women in the Police Department. Attorney Strayhorn
stated that the Police Department Needs Assessment identified solutions
that would be a community effort and the Housing Authority of the City of
Fort Myers would do its part to provide scholarships. Attorney Strayhorn
stated that four apartments or areas were dedicated by the Housing
Authority of the City of Fort Myers for use as police substations pursuant
to the request of Saeed Kazemi, P.E., City Manager. Councilwoman
Watson stated that teenagers should be employed at the police substations
to gain work experience. Councilman Streets stated that several years ago
the Housing Authority of the City of Fort Myers paid for six residents of
public housing to go through the police academy. Councilman Streets
stated that they passed but the City would not hire any of the graduates.
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:
Marie Adams, MMC

City Clerk
27
( AGENDA 5
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
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.
FUNDING SOURCE: 31100208-6300- Neighborhood Utility Improvements
FISCAL IMPACT: $6,721.26 decrease
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.
Continued to Next Page D Yes [;8;J No

Person Initiating Request: Richard Moulton, MBA Department: Public Works
Nicole Monahan, P.E. Division: Engineering
COUNCIL ACTION
Oath: 0
Voting Log: Brown Streets Watson Flanders Banks Anthony. Henderson
CITY OF FORT MYERS CONSTRUCTION CONTRACT
CHANGE ORDER
CHANGE ORDER NO. g
PROJECT: Aqua Shores Infrastructure Improvements
DATE OF ISSUANCE: - - -- - - -
OWNER: City of Fort Myers, Florida
CONTRACTOR: Southwest Utility Systems. Inc. OWNER'S Project No. ITB # 57-14-15
CONTRACT FOR: A qua Shores Infrastructure Improvements
You are directed to make the following changes in the Contract Documents.
Description: The final change order for this pro ject.
Purpose of Change Order: Complete the Bid Reconciliation for this pro ject
Attachments: Bid Reconciliation spreadsheet
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time

Starting Date: 04/23/15
$1,018,620.00 Days: 240 Completion Date: 12/20/15
Previous Change Order No._ to No._ _ Net change from previous Change Orders
$90,827.00 Da_ys: 103
Contract Price prior to this Change Order Contract Time prior to this Change Order
$ 1,109,447.00 Days: 343

Net Increase (Decrease) of this Change Order Net Increase (Decrease) of this Change Order
$ (6,721 .16) Days: O

Contract Price with all approved Change Orders Contract Time with all approved Change Orders
$ 1 '1 02,725.84 Days:343 Completion Date: 04101/16
RECOMMENDED: APPROVED: ATTEST:

THE CITY OF FORT MYERS
By: -~:--:-c--...,---:--:-:-
Randall P. Henderson Jr., Mayor By: --:-M-:-a-:
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PROJECT CLOSEOUT CHECKLIST
For the Acceptance of Public Improvements
By The City of Fort Myers Florida
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)
2. ARCHITECTIENGINEERS CERTIFICATION THAT PROJECT IS

AS-BUILT IN ACCORDANCE WITH THE PLANS & SPECIFICATIONS: .l~&~
_ 1:...._
2- :. . :____:_l_:+. .v!. . . ..!_ _
__;\t....:.
t......:...
\ (AE)
3. SFWMD PERMIT -#~f'>'l;l 1'/ S i:9S"~NSTRUCTION

t'-J/A
COMPLETION CERTIFICATION:
. (AE)
I
4. C.O.E. PERMIT - nfA.T--.2ot f :GUS3
. CONSTRUCTION
~~~~\l"' { ~~E)
~ 2-0Ct-D~iTTER
5. FDEP SEWER PERMIT FROM FDEP
APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: <a Iz_?j ' j..}y . / (AE}
6. FDEP REUSE PERMIT**# , LETTER FROM FDEP
APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: _ _ "-'
__!../_A___ _ (AE}
7. HRS WA'TER PERMIT"*# 0j~l4 l-5~~?~~ER FROM HRS

Cf /3, I I s l ,fy. j (AE}
APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE:
8. FDOTILCDOT HIGHWAYIDRIVEWAY PERMIT": _ _..t.::

f-...1
:::::../
r...:..A....:..___ _ _,(AE}
9. CITY VALVE SHEET FORMS DELIVERED TO ENGINEERING: o(::... f0 c.~ J (GC)
10. CITY ACCEPTANCE OF TV TAPES OF SEWER SYS'TEM: ~t b~ l). Gtz.j~~ ~

11. CONTRACTORS ONEYEAR WARRANTY- MATERIALS & LABOR: ol?-- N cwf ~ (GC)
12. CONTRACTORS FINAL RELEASE OF LEIN: Dl'- f'.-1 (.,d .. f J (GC)
13.
<.. ,.- ol
SUBCONTRACTORS & SUPPLIERS FINAL RELEASE OF LEIN: c:;.,..,-d 1 ~of SU/~ (AE} tJ ct
I l1 jg
14. FINAL CLOSE-OUT CHANGE ORDER: 0 l-..- N (. t ..._ ( / (GC)
15. FINAL INVOICE: tJ t_. t--...\ C. t.\- 1 (C)
16. RECEIPT OF $5,000 ESCROW DEPOSIT FOR PUMP STATION TELEMETRY NI~ (C)
17 INSPECTOR'S ACCEPTANCE OF PUNCH LIST WORK: ~~ ~ ec) (GC)
18. ACCEPTANCE OF PRELIMINARY PLAT (SUBDIVISIONS ONLY): _..:_f\J

.:::...!..._
/ p
_ r . _ __ _ _ (AE}
19. ACCEPTANCE OF RECORDED EASEMENTS _ . !t-J

. :.::J.(L.:.
)_ __ _ _(AE}
20. OWNER'S CERTIFICATION OF COMPUANCE WITH SAGA: _....:._~
__:__!...;
/A ::..___ _ __ (AE)
21. RETURN OF CITY FIRE HYDRANT METER, IF APPLICABLE
(CHECK WITH UTILITIES DEPARTMENT ): ~A
~-........:.--~---(C)
22.
23.
WALK THROUGH BY PUBLIC WORKS CENTER INSPECTOR
SIGN OFF BY STORMWATER DIVISION -~~~~.l. . .:. . ,:

i:~:~==(
:
ITEMS PREPARED BY ARCHITECTIENGINEER INDICATED "(AE}", ITEMS PREPARED BY THE CONTRACTOR INDICATED
, i:~--
. J. ~
"(GC)", ITEMS PREPARED BY THE CITY INDICATED "C", "'COPIES OF ALL PERMITS SHALL BE ATTACHED
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
Mr. fUchard Moulton

City of Fort Myers
Public \Vorlcs Department
2200 Second Street
Ft Myers, Florida 33902
Re: Aqua Shores Infrastructure Improvements

Engineer's Certification
Dear Mr. Moulton:
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,
DeUsi Fitzgerald, Inc.
AJ1d:~Lerald,
President
PE
ADF
Project No.: 21342
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
Re: Aqua Shores InfrastrUcture Improvements

Notice of Completion
SAJ-2014-02953 (NW-WDD)
To Whom It May Concern:
Please accept this correspondence as notification of completion of the improvements

associated with the above referenced permit. Attached for your records is a signed
and sealed copy of the as-built drawing depicting the improvements as constructed in
accordance with the conditions of the permit.
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
cc: Nicole Monahan with attachments
1605 Hendry Street Fort Myers, FL 33901 o 239-418-0691 239-418-0692 fax

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FOR N'PROVAL. PRIOR TO FABRICAnNG ~>NY
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~~L----------------------------------------------------------------------------_j~_.s.~-~-N~~~~~-r~:--~~8~
DELISI FITZGERALD, INC.
Planning - Engineering- Project Management
September 22, 2015
Ms. Maria Beltran

Operations Analyst IT
Florida Department of Environmental Protection
2295 Victoria Avenue, Suite 364
Fort Myers, Florida 33902
Subject: Aqua Shores Infrastructure Improvements

FDEP Wastewater Permit No.: 47040-206-DWC/CG
Wastewater Collection(fransmission System Certification
Dear Ms. Beltran:
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.
If you require further information, please call.
Kristina J~hnson, P.E.

Project M~nager
Project No.: 21342
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
REQUEST FOR APPROVAL TO PLACE A DOMESTIC WASTEWATER

COLJJECTION/TRANSMISSION SYSTEM INTO OPERATION
PART I- INSTRUCTIONS
(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.
PART ll - PROJECT DOCUMENTATION

(1) Collectionffransmission System Permittee
Name Saeed Kazemi, P.E. Title Public Works Director
Company Name City of Fort Myers
Address 2200 Second Street
City Fort Myers State Fl Zip 33901
----------~~~ -------------
Telephone 239-321-7216 Fax Email SKazemi@cityftmyers.com
(2) General Project Information

Project Name Aqua Shores Infrastructure Improvement
Construction Permit No. 47040-206-DWC/CG Dated 6/1/2015
~~~~~~--------~
Is the entire project included under the collection/transmission system permit substantially complete? [81 Yes 0No (If approval
is being requested to place a portion of the project into operation, attach a copy of the site plan or sketch that was submitted with
the application showing the portion of the project which is substantially complete and for which approval is being requested.)
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
Expected Date of Connection to Existing System or Treatment Plant 9/15/2015
(3) Treatment Plant Serving Collectionffransmission System

Name of Treatment Plant Serving Project City of Fort Myers South AWWTP
County Lee City City of Fort Myers
DEP permit number FL 0021270 Expiration Date May 19,2016
--~~~---------------------
For Department Use Only
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
No.'1t.s Olllric:r ~btatJDIWic:t Ctntnl Ohuid Scu!b'otat Dkttk1 SoJihDictrk:l Soollo..,.Diooric>

160 O:WTt~~tal Ctrte 7&U &)'t'l(i41)\"' Way 3JI9 Mt&UJrtBJI~ 3104 CDCOtiUt hfm Dri:w: U9SVK~bAw 400 Nonh COIII'tsll Awt
SUI:I.tlOOll Sult<ll1 S..hcl64 Sul!e200
rcnsatW, florida 32l02-5~ Jad:soc.vilk, Ploria.lZ256.-'IS90 0,~ .... ftorido12103-l767 Ttmpa,Floflda ))61,..1)11 F011 Mytll, florida )J90lU49 Wt# Pllm Bacb, AotJdl)}(OJ
ISD-5954300 904.&01-llOO 'f17~ 194 1SSS &ll-744-!100 llP-ll2-691l 561~115400
PART ill - CERTIFICATIONS
(I) ColJectionffransmission System Pennittee
I, the unden;igned owner or authorized representative* of City of Fort Myers certify that the engineer
has provided us a copy of the record drawings for this project and if there is not already an existing applicable operation and
maintenance (O&M) manual, one has been prepared for the new or modified facilities.
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.
/ '
Public Works Director
Signed Date
Name Title
----~--------------------------------
Attach a letter ofauthorization._
(2) Owner ofCollectionffransmission System After it is Placed into Service
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
.. 7
/
-=--;-:-;:-:-:~:--::-:-----------
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Name -- Sieed Kazclmi, P.E. Title Public Works Director

Company Name , City of Fort Myers
Address I 2200 Second Street
City Fort Myers
v --------------------------------~----~----------------~--~~~---------
State _F...,.L________:-=----:-- Zip _ 3_3_9_0_1_ _ __
Telephone 239-321-7216 Fax. Email skazerni@cityftmyers.com
.Attach a letter ofauthorization.
---------------
(3) Wastewater Facility Serving Collectionfrransmission System
I, the Ulldersigned owner or authorized representative* of the_ City of Fort Myers

~~--~~---------...,.--------~~--~-...,.~
Wastewater facility hereby certify that the above referenced facility has adequate reserve capacity to accept the flow from tlus
project and will 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.
I
{ / ~) ( ) l
I
Date )
azemi,P.E. Title Public Works Director
Address Second Street
City Fort M ers State FL Zip 33901
Telephone 239-321-7216 Fax Email skazemi@cityftmyers.com
*Attach a letter ofauthorization.
DEP fonn 62-604.300(8)(b) Page 2 of3

Effec1ivc Novt:rr'.ber 6, 2003
(4) Professional Engineer Registered in Florida
I, the undersigned professional engineer registered in Florida, certify the following:
that this project has been constructed in accordance with the construction permit and engineering plans and specifications or that,
to the best of my knowledge and belief, any deviations from the construction permit and engineering plans and specifications will
llQ! prevent this project from functioning in compliance with Chapter 62-604, F.A.C.;
that the record drawings for this project are adequate and include substantial deviations from the construction permit and
engineering plans and specifications;
that a copy of the record drawings has been provided to the pennittee and to the wastewater treatment facility serving the
collection/transmission system;
that the O&M manual for this project has been prepared or examined by me, or by an individual(s) under my direct supervision,
and that there is reasonable assurance, in my professional judgment, that the facilities, when properly maintained and operated in
accordance with this manual, will function as intended; and
that, to the best of my knowledge and belief, appropriate leakage tests have been perfonned and the new or modified facilities met
the specified requirements.
This certification is based upon on-site observation of construction conducted by me or by a project representative under my direct
supervision and upon a review of shop drawings, test results/records, and record drawings perfonned by me or by a project
representative under my direct supervision.
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.)
Name Kristina Johnson, P.E. Florida Registration No. 73793

Company Name -----------------
DeLisi Fitzgerald, Inc.
Address 1605 Hendry Street
City Fort Myers State FL Zip 33901
Telephone 239-418-0691 Fax 239-418-0692 Email Kristina@Delisifitzgerald.com
--------------
Substantial deviations are construction deviations greater than JO%from plans and specifications and any deviations which fa//
below minimum standards established in Rule 62-604, F.A.C.
D'EP Fonn 62-604.30()(8)(b) Page 3 of3

EfTcctiv. No<tnbcf 6, 2003
09/03/ 2015 09 : 22 2392742201 LO-iD ENV ENG PAGE 02/132
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
VIsion: To be the Healthiest Stale In tile Nation
September 3rd, 2015
Kristina. M. Johnson, P.E.

Delisi Fittgerald, Inc.
1605 lie.ndry Sheet
Fort Myers, FL 33901
Referenc~~= Aqua. Shores Infrastructtu'e Improvements

Permit No.: 0125191-533 DSGP
Gty of Fort Myers Utilities
Bacteriological Test: August 17 & 18,2015
Pressure Test August 12, 2015
Complete Clearance
Dear Ms. Johnson:
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
cc: Sa~ed Kazemi, P.E., CPM
Florida Dopartment o1 Health .... County WHWJ!!oebd AA.ID

EnvlroMJental Engineering TWITTER:IieallhyFLA
60 Danley Drive, Unll1, For! Myers, FL 33907 FACEBOOK:FLDeportrnentofHealth
PHONE: 239/?.74-2200 FAX 2391274-2201 YOUTUBE: ftdoh
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Nicole Monahan
From: Drew Fitzgerald < Drew@delisifitzgerald.com >

Sent: Thursday, February 23, 2017 4:11 PM
To: Nicole Monahan
Subject: Aqua Shores Utility Improvements
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
1
....
~
Sewer Viewer Inc.
ND
~
2190 Andrea Lane
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
I , Code Value Circumferential

Location I
Distance _
(Feet) . Group/
_
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_ Descriptor , severity
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defect
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At/
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To
Image Ref.
Struct. l O&M
Grade La~
0.0 AMH AMH@O Startin~ Manhole: 01

0.0 MWL 5 MWL@O
3.1 MWL S 20 MWLS(.Ql3.1 2 Belly Starts 1 inch 1/4.
8.2 MWL 5 MWL@8.2 Belly Ends.
28.5 AMH AMH@28.5 Downstream.
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2016011801-Existlng 0 2 0 0 0 2 2100 2.0 0 0 0 0 0 0 0000 0 2 0 0 0 2 2100 2.0
Generated on Monday. 1/1812016 at 10:59 AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
PACP Inspection Report 2190 Andrea Lane
Phone: (239) 269-3344
Upstream MH Downstream MH Size Material Total Length City
01 Existing 8 Polyvinyl Chloride Ft. Myers
Surveyor's Name Certificate Number Street Address Location Details

Angel 06020813 Uve Oak Drive
Direction Purpose Weather Date Time Length Surveyed

Downstream Pre-Acceptance Dry 20160118 10:52 28.5
Addltionallnfonnation
Ftg. Code Description Position Comment

0.0 AMH Access Point- Manhole Starting Manhole: 01
0.0 MWL Water Level
v
3 .1 MWLS Water Level: Sag Belly Starts 1 inch 1/4.
8 .2 MWL Water Level Belly Ends.
28.5 AMH Access Point - Manhole Downstream .
Generated on Monday, 1/ 18/2016 at 10:59 AM by the PipeTech lV inspection system.

Sewer Viewer Inc.
Incident Snapshot Report 2190 Andrea Lane
Phone: (239) 269-3344
01 Existing 8 Polyvinyl Chloride Ft. Myers

Angel 06020813 Live Oak Drive

Additional Information
AMH - Access Point - Manhole @ 0.0 ft. MWL -Water Level @ 0.0 ft.
Starting Manhole: 01
'

MWLS -Water Level: Sag @ 3.1 ft. Belly MWL -Water Level @ 8.2 ft. Belly Ends.
Starts 1 inch 1/4.
Generated on Monday, 1/18/2016 at 10:59 AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344
Upstream MH Downstream MH Size Material Total length City
01 Existing 8 Polyvinyl Chloride Ft. M yers
Surveyor's Name Certificate Number Street Address location Details

Direction Purpose Weather Date Time length Surveyed

AMH - Access Point - Manhole @ 28.5 ft.

Downstream.
Generated on Monday, 1/18/2016 at 10:59 AM by the PipeTech 1V inspection system.

~ Sewer Viewer Inc.
ND
~
2190 Andrea Lane

Phone: (239) 269-3344
Angel 06020813 Sewer Viewer Inc. Southwest Utilities
P/ONo. Pipeline Segment Reference Date Time Location (Street Name and number) Locality
20160118 09:45 Live Oak Drive Ft. Myers
02
01 Sanitary Downstream D 8
Circular PVC 14 400.3 2014 1

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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 TF@12.3
81 .5 TF 6 11 TF@81 .5
85.3 TF 6 11 TF@65.3
151 .8 TF 6 1 TF@l151 .8
156.6 TF 6 1 TF@156.6
231 .2 TF 6 11 TF@231 .2
235.2 TF 6 11 TF@235.2
301.4 TF 6 1 TF@301 .4
357.0 TF 6 11 TF@357
400.3 AMH AMH@400.3 Downstream.
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Generated on Monday. 1/18/2016 at 10:52 AM by the PipeTech TV Inspection system.

Sewer Viewer Inc.
Phone: {239}269-3344
02 01 8 Polyvinyl Chloride Ft. Myers


Additionallnfonnation

0.0 AMH Access Point - Manhole Starting Manhole: 02
ow 0.0 MWL Water Level
v 5.0 TF Tap, Factory Made

12.3 TF Tap, Factory Made
3
2
81 .5 TF Tap, Factory Made 11

85.3 TF Tap, Factory Made 11
151 .8 TF Tap, Factory Made

tU
v 231.2
235.2
TF
TF
Tap, Factory Made
Tap, Factory Made
11
11
400.3 AMH Access Point - Manhole Downstream.
Generated on Monday, 1/18/2016 at 10:52 AM by the PipeTech TV Inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344
Upstream MH Downstream MH Size Material Total length City
02 01 8 Polyvinyl Chloride Ft. Mye rs
Surveyor's Name Certificate Number Street Address location Details

Angel 0602081 3 Live Oak Drive

AMH - Access Point- Manhole@ 0.0 ft. MWL - Water Level @ 0.0 ft.
I.
TF - Tap, Factory Made @ 5.0 ft. TF- Tap, Factory Made@ 12.3 ft.
Generated on Monday, 1/1812016 at 10:52 AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344

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TF - Tap, Factory Made@ 151 .8 ft. TF- Tap, Factory Made@ 156.6 ft.
Generated on Monday, 1/18/2016 at 10:52 AM by the Pipe Tech TV inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344
Upstream MH Downstream MH Size Material Total Len gth City

A ngel 06020813 Live Oak Drive
TF- Tap, Factory Made@ 231 .2 ft. TF - Tap, Factory Made@ 235.2 ft .
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Generated on Monday, 1/18/2016 at 10:52 AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344


AMH - Access Point- Manhole @ 400.3 ft.

Downstream.
Generated on Monday. 1/18/2016 at 10:52 AM by the PipeTech TV inspection system .

Sewer Viewer Inc.
~
2190 Andrea Lane
Phone: (239) 269-3344
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
04 Sanitary Upstream D 8
Circular PVC 14 104 2014 1
E Jetting Dry
Distance
(Feet)
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Starlin!:! Manhole: 04
00 MWL 5 MWL@O
. TF 6 9 TF@94.6
94.6 TF
96.8 AMH 6 9 TF@96 .8
104.0 AMH @104 Upstream.
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Generated on Monday, 1/18/2016 at 08:54AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344


Upstream Pre-Acceptance Dry 20160118 08:44 104

0.0 MWL Water Level
y

104.0 AMH Access Point- Manhole Upstream.
Generated on Monday, 1/18/2016 at 08:54AM by the PipeTechlV inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344


AMH - Access Point - Manhole @ 0.0 ft. MWL- Water Level@ 0.0 ft.
TF - Tap, Factory Made @ 94.6 ft. TF - Tap, Factory Made @ 96.8 ft.

Sewer Viewer Inc.
Phone: (239) 269-3344
03 04 8 Polyvinyl Chloride Ft Myers

Angel 06020813 live Oak Drive

lit
~
AMH- Access Point- Manhole@ 104.0 ft.
Upstream.

~~
Sewer Viewer Inc.
2190 Andrea Lane
Phone: (239) 269-3344
Mark Bassett 08020616 Southwest
20160307 09:44 Cross St Ft Myers
4
10 Sanita ry Downstream 8
Circular PVC 322 322
Pur pose Sewer Category Pre-Cleaning Cleaned Weather Additional Information
E Jetting Dry Televise with dip ball and mandrel
r:istancel
(Feet)
--
Code
Gro~p/ Modifier/
-] Continuous
defect
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At/
Lacatlon
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Image Ref.
---
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Grade Grade I
- -----
%
Descnpt~ severity _ _ ~ 2nd J From To - Rema[kli
0.0 AMH AMH@O Starting Manhole: 4
0.0 MWL 5 MWL@O
50.2 TF 6 10 TF(1il50.2
102.6 TF 6 10 TF@102.6
106.5 TF 6 2 TF@106.5
148.6 TF 6 9 TF@148.6
194.2 TF 6 2 TF@194.2
212.3 TF 6 2 TF@212.3
322.0 AMH AMH@322 ending at manhole 10
-----
Structural Overall
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20160307-4-10 0 0 0 0 0 0 0000 0 0 0 0 0 0 0000 0 0 0 0 0 0 0000
Generated on Monday. 317/2016 at 10:19 AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344
4 10 8 PolyVinyl Chlolide 322 Ft Myers
Surveyor's Name Certif"tcate Number Street Address Location Details

Mark Bassett 08020616 Cross St

Downstream Pre-Acceptance Dry 20160307 09:44 322
Televise with dip ball and mandrel
4
0.0 AMH Access Point- Manhole Starting Manhole: 4
0.0 MWL Water Level

148.6 TF Tap. Factory Made 9
322.0 AMH Access Point- Manhole ending at manhole 10

10
Generated on Monday, 3/7/2016 at 10:19 AM by the PipeTechTV Inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344
4 10 8 Polyvinyl Chloride 322 Ft Myers

Direction Purpose Weather Date Time Len gth Surveyed
Additionallnfonnatlon
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.
Generated on Monday. 3/7/2016 at 10:19 AM by the PipeTech TV Inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344

DOW(lSiream Pre-Acceptance Dry 20160307 09:44 322
Additional lnfonnation
TF- Tap, Factory Made@ 194.2 ft. TF - Tap, Factory Made @ 212.3 ft.
Generated on Monday. 3/7/2016 at10:19 AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
Phone: {239) 269-3344

ending at manhole 10
Generated on Monday, 317/2016 at 10:19 AM by the PipeTech 1V inspection system.

Sewer Viewer Inc.
N~ 2190 Andrea Lane
~ Phone: (239) 269-3344
20160307 08:05 Lockwood St Ft Myers
6
Downstream Manhole Number Rim to Invert Grade to Invert Rim to Grade Use of Sewer Direction Flow Control Hei ght
7 Sanitary Downstream 8
Width Sha pe Material Ln. Method Pi pe Joint Length Total Length Length Surveyed Year Laid Year Rehabilitated Ta pe I Media Number
Purpose Sewer Category Pre-Cleaning Cleaned Weather Additional information
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 TF@8.7
11.5 TF 6 10 TF@11 .5
17.9 TF 6 2 TF@17.9
152.6 TF 6 9 TF@152.6
155.4 TF 6 2 TF@155.4
------- ---------
Structural _____2_1t M - Overall
.... N M ..,. II) ..... N C") ..,. II) ...... N C") ..,. II)
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20160307-6-7 0 0 0 0 0 0 0000 0 0 0 0 0 0 0000 0 0 0 0 0 0 0000
Generated on Monday, 3nt2016 at 08:33AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344
6 7 8 Polyvinyl Chloride 227 FtMyers
Surveyor's Name Certificate Number Street Address Location Detail&

Malt( Bassett 08020616 Lockwood St

6 Ftg. Code Description Position Comment

:g.,. 0.0 AMH Access Point - Manhole Starting Manhole: 6
0 .0 MWL Water Level
v 6 .0 TF Tap, Factory Made

8 .7 TF Tap, Factory Made
2
10
11 .5 TF Tap, Factory Made 10
H
v
227.0 AMH Access Point - Manhole ending at manhole 7

7

Sewer Viewer Inc.
Phone: (239) 269-3344
6 7 B Polyvinyl Chloride 227 Ft Myers

Mark Bassett 08020616 Lockwood St

AMH - Access Point- Manhole@ 0.0 ft. MWL -Water Level @ 0.0 ft.
Starting Manhole: 6
Generated on Monday, 317/2016 at 08:33AM by the PipeTech 1V inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344


Generated on Monday, 3nt2016 at 08:33AM by the PipeTech 1V inspection system.

Sewer Viewer Inc.
lncident Snapshot Report 2190 Andrea Lane
Phone: (239) 269-3344

Mark Bassett 08020616 LockWood St
Additionallnfonnatlon
AMH- Access Point- Manhole@ 227.0 ft.

ending at manhole 7
Generated on Monday, 317/2016 at 08:33AM by the PipeTech TV Inspection system.

Sewer Viewer Inc.
Surveyors name
Mark Bassett -
'8 -J
Certificate Number
0802061 6
System Owner Survey Customer
Southwest
Drainage Area
2190 Andrea Lane
Phone: (239) 26 9-3344
Sheet
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
Circular PVC 214
-r-----
I
----
'""'' " 1:::

I Circumferential
Code Value
i Distance Continuous Struct. , O&M
' (Feet} Joint -- Image Ref.
Group/ Modifier/ defect - Grade Grade
% At/ To
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 TF@9.7
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)
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20160307-7-10
I 0
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Sewer Viewer Inc.
Phone: (239) 269-3344

Marl< Bassett 08020616 Lockwood St

Addltionallnfonnatlon

'l::'.dl 0.0 MWI.. Water Level
v 7.0 TF Tap, Factory Made

2
10
214.0 AMH Access Point - Manhole ending at manhole 10

10
Generated on Monday, 317/2016 at 09:10AM by the PipeTech TV Inspection system.

Sewer Viewer Inc.
Fort Myers, Fl33912
Phone: (239) 269-3344

AMH- Access Point- Manhole@ 0.0 ft. MWL- Water Level@ 0.0 ft.
Starting Manhole: 7
Generated on Monday, 3f7/2016 at 09:10 AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
Phone: (239) 269-3344
TF- Tap, Factory Made@ 159.8 ft. AMH- Access Point- Manhole @ 214.0 ft.
ending at manhole 10
Generated on Monday, 317/2016 at 09:10AM by the PipeTech TV inspection system.

Sewer Viewer Inc.
~
2190 Andrea Lane
Phone: {239) 269-3344
20160307 09:10 Lockwood St FtMyers
10
Width Shape Material Ln. Method Pi pe Joint Length Total Length Length Surveyed Year Laid Year Rehabilitated Tape I Media Number
E Jettin g Dry Televise with dip ball and mandrel
--1 -- ----------- -------
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 TF@96.1
99.7 TF 6 10 TF@99.7
100.8 TF 6 2 TF@100.8
190.0 TF 8 6 TF@190
-------- ----- - --
_ Structural - -- O _ft.M Overall
..... N M ..,. 10 ..... N M ..,. 10
-
..... N M ..,. 10
0) 0) C)
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Sewer Viewer Inc.
Phone: (239) 269-3344



0.0 MWL Water Level
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9
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Sewer Viewer Inc.
Phone: (239) 269-3344
Upstream MH Downstream MH Size Material Total Length C ity
AMH - Access Point- Manhole @ 0.0 ft. MWL- Water Level@ 0.0 ft.
TF- Tap, Factory Made@ 96.1 ft. TF - Tap, Factory Made@ 99.7 ft.
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Sewer Viewer Inc.
Phone: (239) 269-3344
Marl< Bassett 08020616 Lockwood St


ending at manhole 9

Sewer Viewer Inc.
~
2190 Andrea Lane
Phone: (239) 269-3344
20160308 07:46 Cross St Ft Myers
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Phone: (239) 269-3344
9 LS 12 Polyvinyl Chloride 50 FtMyers



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Sewer Viewer Inc.
Phone: (239) 269-3344
9 LS 12 Polyvinyl Chloride 50 Ft Myers
Surveyor's Name Certificate Number Street Address Location Cetalls

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WARRANTY
THE UNDERSIGNED parties do herby warrant and/or guaranty all work

executed by the contractor Southwest Utilitr Systems, Inc. on the water and sewer utilities
for the following project Aqua Shores Infrastructur~: Improvements to be free from defects in
material and workmanship for a period of one (1) 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 would be given.
Southwest Utility Systems, Inc.

(Contractor/Company Name)
Brett M. Eckenrode, Secretar'

(Authorized Representativ Tile)
~
BY:
(Signature)
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)
D~ "' g~ Southwest Utility Systems, Inc.

~
(Signature of Autarfzed Representative)
- (Name of Firm or Corporation)
("Fi ..... Brett M. Eckenr_o...,..

'1 :. \ de--=----:-c=-- 16341 Old US 41 South
..:..
W~t[ :.:::~.fV (Print Name of Authorized Representati~ (Address of Firm or Corporation)
w-~~1.;;
'-J\ .~lA-': ., U~ ~~:
. :~r-me

Secretary
~~~\ :. st _:J;;-.
... If'" . -
n u'' :. ::;:.
.,. :
:239-267-0200
X' Fort Myers, FL 33912
~ i \ (' ": -~- _. .,..Pb..me#: 1 l E r.
:~ . . ~ -:.. ~ .. (City, State & Zip of Firm or Corporation)
. "" . .."'r'...~ y.
,
' ......
.. 0[ ;rr..' :;-_lr' .
STATE OF Florida
COUNTY OF Lee _ )

The foregoing instrument was signed and acknowledged before me this 9th da}'(fAugu~l2Q~by
Brett M. Eckenro~ who i: ersonally known to me ....cr~ &M{ ( ~P- and who did
not take an o . I
I
Lct f't:c i 'N,; L-e ~ (Notary Seal & Commission Number)

vrc >
lr>SURANCE
G RO UP
August 9, 2016
City of Fort Myers

P. 0. Box 2217
Re: Contractor: Southwest Utility Systems, Inc.

Project: Aqua Shores Infrastructure Improvements 57-14-15
Bond#: FLC82641
Original Contract Amount: $1 ,018,620.00
Final Contract Amount: $1,1 02,725.83
We, as Surety, on the above referenced bond, do hereby consent to the release of
final payment.
Nothing in such consent or acknowledgement shall be construed to waive any

obligation that you, as Owner, shall have to determine that such amount is
properly due and payable.
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.
[1--/.CJ ~:-.. ~\ :.._,,.~ ~. :..t.:

:: ::: ~ ....o- ~ ~ C .,_ __ - o-
.,~7~
:-
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4
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'~,,\>'.,>,,., ')~. . ~. ~
'.. ~. ~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 .
.._,..~'A< o$ WENDY WOODY

o ..A'~ Comm1ssion Number 784654
':~':" My Commission Expires
'CNJ" June 20 , 20 17
.. County, Iowa
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner. Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATIORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
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
.".:Jij, ..... 0-.--:-

-"-
~ ':Yo
~ ~.~-
... tt....
POA 0014 (6/15)
Nicole Monahan
From: Drew Fitzgerald < Drew@delisifitzgerald.com>

Sent: Wednesday, February 22, 2017 1:47PM
To: Nicole Monahan
Cc: Sam Foisie
Subject: Aqua Shores Punchlist #2 Items
Attachments: 2016-05- 16 Punchlist #2.pdf
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.
Drew Fitzgerald, P.E.

Delisi Fitzgerald, Inc.
1605 Hendry Street
Fort Myers, Fl 33901
P: (239) 418-0691
F: {239) 418-0692
www.delisifitzgerald.com
AGENDA6
MEETING DATE: April 3, 2017 IAt"!F.'N'nA T'I'F.M Nn

Revised: (Date & Time)
-F. ~I
WARD: 3, 4, and 5
[;8J Regular D Special D Workshop --
Quasi-Judicial 0 Yes r:8J No
0Proclamations ~Consent 0Public 0City Council 0Permission Deity 0City
Consideration
MOTION: Approve Change Order No. 1, in the MANAGEMENT RECOMMENDATION:
amount of $154,122.04, to Task Authorization Approve .
No.3, to Agreement Between Owner and
Construction Manager-At-Risk - Continuing
Contract, Request for Qualifications
No. 12-27-12-PW, with AIM Construction
Contracting, LLC for Evans Avenue Waterline
Improvements decreasing the contract from
$1,983,137.93 to $1,829,015 .89 and
increasing the contract time by 90 days to a
completion date of December 7, 2016; project
close out and release of final payment and
retainage in the amount of $96,568.92 .
FUNDING SOURCE: PA 31100208 Neighborhood Utility Improvement Projects
FISCAL IMPACT: ($154, 122.04)
WHAT ACTION ACCOMPLISHES: Closes the Evans Avenue Waterline Improvements project
and releases final payment and retainage.
BACKGROUND INFORMATION: City Council, on January 4, 2016, approved Task

Authorization No.3 to Agreement Between Owner and Construction Manager-at-Risk
Continuing Contract Request for Qualifications No. 12-27-12-PW, Evans Avenue Waterline
Improvements. The project included the installation of a large diameter transmission water
main including all connections to existing waterlines, valves, hydrants and appurtenances on
Evans Avenue from Colonial Boulevard to Carrell Road. The project also included major force
main relocation, minor storm drainage work, 8 light fixtures, milling and resurfacing of existing
driveways, replacement of concrete sidewalk, where needed, and restoration work.
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.
Continued to Next Page 0 Yes r:8J No

Person Initiating Request: Richard Moulton, MBA Department: Public Works
Nicole Monahan, P.E., Elaine Capps, P.E. Division: Engineering
COUNCIL ACTION
Oath: 0
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_
City u( l'a lm.

PROJECT: Task Authorization No. 3 to Agreement between Owner and Construction Manager-At-Risk
Continuing Contract RFQ# 12-27-12-PW with AIM Construction Contracting. LLC.- Evans Avenue Waterline
Improvements
DATE OF ISSUANCE: - - - - - -
OWNER: City of Fort Myers, Florida
CONTRACTOR: AIM Construction Contracting, LLC. OWNER'S Project No. ENG-752
CONTRACT FOR: RFQ# 12-27-12-PW Evans Avenue Waterline Improvements
You are directed to make the following changes in the Contract Documents.
Description: Final Close-out Change Order.
Purpose of Change Order: Close-out reconciliation of bid line items.
Attachments: (list documents supporting change) Bid Reconciliation Spreadsheet, Work Directives 1-11
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:

Original Contract Price Original Contract Time
Starting Date: March 7, 2016
$1,983,137.93 Days: 180 Completion Date: September 7, 2016
Previous Change Order No. N/A Net change from previous Change Orders
$N/A Days: N/A
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
$1,829,015.89 Days:270 Completion Date: December 7, 2016

APPROVED: ATIEST:
THE CITY OF FORT MYERS
By:_ _ _ _ _ _ _ _ __ By: _ _ _ _ _ __
Elaine Randall P. Marie Adams, MCM City Clerk
APPRO APPROV APPROVED:
By_ _ _ _ _ __
By:_~~~~~~-r--- By: -t-Jhf4--P---- - -
Richard , MBA., PW Director Saeed Kazemi, P.E., City Manager
Elaine Capps
From: Jadon Hull <jadon@aimengr.com >

Sent: Monday, February 27, 2017 11 :37 AM
To: Elaine Capps
Cc: Mike Marion; Hector Louzao
Subject: Evans Ave. Drainage scope
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 .
Thanks. Please call if you have any questions.
Jadon D. Hull P.E.

Senior Project Manager
Aim Construction Contracting (ACC)
239-872-2629 cell
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
. . QUANTITY AMOUNT Percent Complete Vanance Dollar Vanance
Part A Subtotal $2 19,280.00 $218,500.00 100% l$780.00)

Part B Subtotal $105,770 .40 $78,111.46 74% ($27.658.94)
Part C. Section 1 Subtotal $81 6,90 6.60 $817,326.78 100% $420.18
Part C. Section 2 Subtotal $86.301.00 $0.00 0% ($86.301.00)
Part D Subtotal $83,416.90 $61,579.20 74% ($21.837.70)
Part E Subtotal $51,168.80 $21,707.20 42% ($29.461 .60)
Part F Subtotal $263,512.60 $220,552.84 84% ($42.959.76)
BASE BID TOTAL --- - - - - - - - - - - - -
- - - ~1.626,3_5 6.30 _$1,417,777.48 87% ($208,578.82)
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
WORK DIRECTIVE CHANGE
No. __
l_
IROJI.:C I RFQ;:12-27-12-PW
F. \'ans A venue Waterline Improvements DATE OF ISSUANCE: March 31.2016
CITY OF I'OIU MYERS

2200 Second Street
P.O. Drawer 2217
Fort Myers, Fl. 33902-2217
CONTRACTOR : AIM Construction Contracting. LLC CITY OF FORT MYERS CN#:_ _ __
CONTRACT FOR: Citv of Fort M>ers Public Works Dept.
ENGINEER : Cit' of Fort Mvcrs: Ben Bullen, P.E. ENGINEER ' S PROJECT#: -- -
You are di rected to proceed promptly with the following change(s):
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)
Attachments: (fi.1t tlocumeuts Sllf'JIOrting d~n11ge) See attached prices.
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).
Method uf d.:tcnninmg ch;mg~ 111 t'!llttm~l Method ofdctcmtining change in Contract

Price: Time:
I im~ ;ulll Materials Contractor's records
I I nit prices Engineer's records
Cost plus lixcd 1\:c Other
Other
Estimated im:rcil~c ( ckcrca ~~l in Cunlrncl Estimated increase (decrease) in Contrect

l'ricc:: ($15.947.50 ). lfth.: clmngc Time: days. If the change involves an
in\'Oh~ s 110 inl'rca., c. the cstinHlll:d ;unuunt increase. the estimated time is not to be
is not to he cwc,!kd withuut J'urthct ~sceedcd without further authori7.at ion.
authorizmiun
RECOMr>
Bv
AIM Construction Contracting. LLC
Constructron Manager-At-R 1sk fo1 Evans Avenue
Waterline Improvements
RFQ #12-27 -12-PW
WORK DIRECTIVE CHANG
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.
ADD: 8" PVC' Ioree main DR 18 600 If @ $40.75/lf $24.450.00
DEDUCT: 8.. PVC H1rce main DR 14 190 If @ $44.75/lf $8,502.50

Construction Manager-At-Risk for Barcelona/Alcazar
Neighborhoods Aging Infrastructure Replacement
RFQ #05-13-14-PW
No.~
PROJECT: RFQ 12-27-12-PW
Evans Avenue Waterline DATE OF ISSUANCE: May 30. 2016
CITY OF FORT MYERS

2200 Second Street
P.O. Drawer 2217
Fort Myers, FL 33902-2217
CONTRACTOR: AIM Construction Contracting. LLC CITY OF FORT MYERS CN#:41 1752
CONTRACT FOR: City of Fort Myer Utility Dept.
ENGINEER: Benjamin Bullert. PE. City of Fort Myers ENGINEER'S PROJECT#: _ _ __
You are directed to proceed promptly with the following change(s):
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)
Attachments: {list documents supporting change)
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).
Method of detennining change in Contract Method of determining change in Contract

Price: Time:
Time and Materials Contractor's records
_ x_ Unit prices Engineer's records
Cost plus fixed fee Other
Other
Estimated increase (decrease) in Contract Estimated increase (decrease) in Contract

Price: $32.329.76. If the change involves Time: 0 days. If the change involves an
an increase, the esti ated amount is not to increase, the estimated time is not to be
be exceeded witho exceeded without further authorization.
JUN 0 S 2016
Engineering
ESTIMATE SHEET DAT.E: _ _____,w.y=-~81!..:,a~111~6
PROJECT: Evans Ave Water Main

1"'ll'Ratr 1.06 -"
I It'>'-
.
ITilM .UNil
NO. .IIDLDI!SCJUmON. OTY OUOTI!. MATEJUAL LABOR SUD UNIT PRICE '1'1\'r..r . Ulfft1 .....
- - -
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
RFQ #05-13-14-PW
No.3
Evans Avenue Waterline DATE OF ISSUANCE: Mav 31.2016
CITY OF FORT MYERS

2200 Second Street
P.O. Drawer 2217
CONTRACTOR: AIM Construction Contracting. LLC CITY OF FORT MYERS CN#:411752
ENGINEER: Benjamin Bullert. PE. City of Fort Mvers ENGINEER'S PROJECT#: _ _ _ __
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.
Attachments: (list documents supporting change)
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).
Method of determining change in Contract Method of determining change in Contract

Price: Time:
_ X_ Unit prices Engineer's records
Other
Estimated increase (d ease) in Contract Estimated increase (decrease) in Contract

Price: $3.015.00. If e ' hange in olves an Time: days. If the change involves an
increase, th ot to be increase, the estimated time is not to be
exceeded exceeded without further authorization.
B :~T~
e OFFORTM
jJ blU- S
RFQ #05-13-14-PW
No.4
Evans Avenue Waterline DATE OF ISSUANCE: June 30,2016
CITY OF FORT MYERS

2200 Second Street
P.O. Drawer 2217
Fort Myers, FL 33902-22 I 7
CONTRACTOR: AIM Construction Contracting. LLC CITY OF FORT MYERS CN#:ffiill
CONTRACT FOR: City of fort Myer Utility Deot.
ENGINEER: Benjamin Bullert. PE, Citv of Fort Myers ENGINEER'S PROJECT#: _ _ __
Description: Relocate the existing Fiber Optic Cable that was in conflict with the installation of the new
16" Watennain.
Purpose of Work Directive Change: Please see description.
based thereon will involve o ne of the following methods of determining the effect of the change(s).

Price: Time:
Other

Price: $7,000.00. If the change involves an Time:_Q_days. If the change involves an
increase, the estim ed amount is not to be increase, the estimated time is not to be
exceeded without exceeded without further authorization.
AUT~ZED ~
8 By -
- ~j
~OF FORT YERS
- . - -
-
;I AIM
~- ----. ---
--~
II
;:;.;; C onstruction Contracting
' I
Description for Work Directive #4
Fiber Optic Cable Relocation
Relocate the existing Fiber Optic Cable that was in conflict with the installation of the new 16"
Watermain.
STATION LF UNIT PRICE AMOUNT

STA 16+00 TO STA 22+50 650 LF $5.00/LF $3250.00
STA 35+00 TO STA 42+50 750 LF $5.00/LF $3750.00
TOTAL 1400 LF $7,000.00
RFQ #05-13-14-PW
No. 5
Evans Avenue Waterline DATE OF ISSUANCE: June 30.2016
CITY OF FORT MYERS

2200 Second Street
P.O. Drawer2217
ENGINEER: Benjamin Bullert. PE. Citv of Fort Myers ENGINEER' S PROJECT #: _ _ __
Description: Install additional fittings for connections not indicated on plans because of unforeseen field
conditions.

Price: Time:
_ X_ Unit prices Engineer's records
Other
Estimated increase (decrease) in Controct

Time:..Q..days. If the change involves an
increase, the estimated time is not to be
exceeded without further authorization.
f~~-~ AIM
fw'w1j 1
Construction Contracting
01 I
I I
Relocate Fiber Optic Cable that was in conflict with the installation of the new 16" Watermain.
STA 5+00 -16" BELL REST ON EXIT LINE

3 EACH@ $527.25 = $1,581.75
STA 9+50- ADD CONNECTION

16"X8" TEE (1 EACH@ $850.52) = $850.52
8'' CAP (1 EACH@ $157.25) = $157.25
STA 32+00- UPSIZE LEESAR CONNECTION

16"X12" TEE (1 EACH @ $1250.52) = $1,250.52
12" GATE VALVE (1 EACH@ $2718.50) = $2,718.50
12"X8" REDUCER (1 EACH @ $256.84) = $256.84
CREDIT 16"X8" TEE (1 EACH @$927 .35) = ($927.35)
GRAND TOTAl= $5,888.03

RFQ #05-13-14-PW
No.6
Evans Avenue Waterline DATE OF ISSUANCE: June 30.2016
CITY OF FORT MYERS

2200 Second Street
P .0. Drawer 2217
ENGINEER: Benjamin Bullert. PE. Citv ofFon Myers ENGINEER'S PROJECT#: _ _ __
You are directed to proceed promptly with the following cbange(s):
Description: Complete Sub-surface Utility Engineering ("soft dig") services to investigate the existing
utility lines throughout the project.

Price: Time:
Unit prices Engineer's records
_X_ Other (Lump Sum)

Price: $26.180.00. If the change involves an Time:_Q_days. If the change involves an
increase, the estimated amount is not to be increase, the estimated time is not to be
exceeded withou nher authorization. exceeded without funher authorization .
Received
JUN 0 B 2016
Engineering
I ' I
j c:onstruction Contracting I '
I.-. -~. . . - ---- - -... ----- ------------------ -

Complete Sub-surface Utility Engineering ("soft dig") services to investigate the existing utility
lines throughout the project .:
STA 5+00 TO STA 6+50

STA 9+00 TO STA 11+00
STA 15+00 TO 16+50
ENTIRE AREA OF NORTH CARROLL CANAL
COST: LUMP SUM $26,180.00

RFQ #05-13-14-PW
No.7
Evans Avenue Waterline DATE OF ISSUANCE: July 31.2016
CITY OF FORT MYERS

2200 Second Street
P.O. Drawer 2217
CONTRACTOR: AIM Construction Contracting, LLC CITY OF FORT MYERS CN#:411752
ENGINEER: Elaine Capps PE. City of fort Myers ENGINEER'S PROJECT # : - - - - -
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).

Price: Time:
Time and Materials _x_ Contractor' s records
X Unit prices Engineer's records
Other (Lump Sum)
Estimated increase (decrease) in Contract Estimated increase (decrease) in Contrclct

Price: $1326.67. If the change involves an Time:.l_days. If the change involves an
increase, the estim amount is not to be increase, the estimated time is not to be
exceeded without rt authorization. exceeded without further authorization.
B
RFQ #05-13-14-PW
No.8
Evans Avenue Waterline DATE OF ISSUANCE: September 30,2016
CITY OF FORT MYERS

2200 Second Street
P.O. Drawer 2217
ENGINEER: Nicole Monahan P.E .. City of Fort Myers ENGINEER' S PROJECT#: _ _ _ __
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.

Price: Time:
_X_ Unit prices Engineer's records
Other (Lump Sum)
Estimated increase (decrease) in Contract

Time:_Q_days. If the change involves an
AUT&
B
RFQ #05-13-14-PW
No.8
Evans Avenue Waterline DATE OF ISSUANCE: September 30.2016
CITY OF FORT MYERS

2200 Second Street
P.O. Drawer 2217
ENGINEER: Nicole Monahan P .E., City of Fort Myers ENGINEER'S PROJECT#:
You are directed to proceed promptly with the following cbange(s):
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.

Price: Time:
Time and Materials -X- Contractor's records
X Unit prices Engineer's records
Other (Lump Sum)
Estimated increase (decrease) in Contract

Time:.l!_days. If the change involves an
RFQ #05-13-14-PW
No.9
Evans Avenue Waterline DATE OF ISSUANCE: September 30.2016
CITY OF FORT MYERS

2200 Second Street
P.O. Drawer 2217
CONTRACTOR: AIM Construction Contracting, LLC CITY OF FORT MYERS CN#:411 752
ENGINEER: Nicole Monahan P.E., City of Fort Myers ENGINEER' S PROJECT #: 75 L
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.
based thereon wi ll involve one of the following methods of determining the effect of the change(s).

Price: Time:
Time and Materials

- X- Contractor' s records
X Other (Lump Sum)

Price: $27.997.00. If the change involves Time:.i2_days. If the change involves an
an increase, the est" ated amount is not to increase, the estimated time is not to be
be exceeded witho further a thorization. exceeded without further authorization.
B
RFQ #05-13-14-PW
No.lO
Evans Avenue Waterline DATE OF ISSUANCE: January 20.2017
CITY OF FORT MYERS

2200 Second Street
P.O. Drawer 2217
ENGINEER: Nicole Monahan P.E.. City of Fort Myers ENGINEER' S PROJECT #: _ _ _ _
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.

Price: Time:
Time and Materials -X- Contractor's records
_ x_ Unit prices Engineer' s records
_ X_ Other (Lump Sum)

Price: $3.650.00. If the change involves an Time:..Q..days. If the change involves an
increase, the esti ated amount is not to be increase, the estimated time is not to be
exceeded with t er autho zation. exceeded without further authorization.
B
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
CITY OF FORT MYERS

2200 Second Street
P.O . Drawer2217
CONTRACT FOR: City of Fort Myer Public Works Dept
ENGINEER: Nicole Monahan P .E .. City of Fort Myers ENGINEER'S PROJECT#:

-----
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).
Attachments: Dellliled description
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).
Method of detennining change in Contract Method of detennining change in Contract

Price: Time:
Time and Materials _ X_ Contractor's records
_x_ Other (Lump Sum)

Price: $44.566.25. If the change involves an Time:.Q.days. If the change involves an
exceeded without further authorization. exceeded without funher authorization.
--
-
--- AIM Construction
--
-.-
--- Office:
Telephone: 239-332-4569
Toll Free: 800-226-4569
Con tracting, Inc. 2185 Alicia Street
Fort Myers. FL 33901
Fox: 239-332-8734
www.oimconstruc tioncontrocting.com
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.
RFQ #05-13-14-PVV
No.l2
Evans Avenue Waterline Improvements DATE OF ISSUANCE: February 27.2017
CITY OF FORT MYERS

2200 Second Street
P.O. Dntwer2217
CONfRACTOR: AIM Construction Contracting. LLC CITY OF FORT MYERS CN#:411752
CONfRACT FOR: City of Fort Myer Public Works Dept.
ENGINEER: Nicole Monahan P .E., City of Fort Myers ENGINEER'S PROJECT#:
Description: Please see attached explanation
Purpose of Work Directive Change: Please see attached explanation
Attachments: Detlliled explanation
Ifa claim is made that the abovechange(s) have affected Contract Price or Contract time, any claim for a Change Order

Price: Time:
Time and Materials _x_ Contractor's records
Other (Lmnp Sum)

Price: SQ. H the change involves an Time:_Q_days. If the change involves 1111
exceeded wit out fu a thorizati n. exceeded without further authori23tion.
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.
Description for Work Directive 1112
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
By The City of Fort Myers Florida
PROJECT NAME: Evans Avenue Water Line Project
ITEM DESCRIPTION &~ ~tt:t~ c..Q Co""fltt\ .t I"Jf--,JJI..f. DATE RECEIVED

1. ONE SET OF REPRODUCIBLE AS-BUlLTS, CD'S or 3.5 DISKEITES, ~
IN AUTOCAD RELEASE 2000 & 3 SETS OF SIGNED, SEALED
AS-BUll T PRINTS IN 11 "X17" FORMAT: Dan Anderson (AE):sis:
--~-ICiAi"'a=ch=ed=--
~
2. ARCHITECT/ENGINEERS CERTIFICATION THAT PROJECT IS
AS-BUlL TIN ACCORDANCE WITH THE PLANS & SPECIFICATIONS: ,.,r-M""'--' _ _ _(AEJ
3. SFWMD PERMIT**#.--=-..,....,....,--- - - - CONSTRUCTION

COMPLETION CERTIFICATION: ----~N=/A-'--_ _ __ (AE)
4. C.O.E. PERMIT""# , CONSTRUCTION

COMPLETION CERTIFICATION: ~~C,AJ\. - - - --rt_,_,_Nfcc.A,___ _ _(AE)
5. FDEP SEWER PERMIT**# '"f'J ~~ .)_. 5.2.q,

LEITER FROM FDEP
APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: _ _ _V
_...:..
l.A=tt=ach=ed=--_ __ (AE)
6. FDEP RE-USE PERMIT**# , LEITER FROM FDEP

APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: - - - - --'-N=/A_,___ _ _ (AE)
DSC..
7. HRS WATER PERMIT **#O(J..f/91 '55'5.lEITER FROM HRS
APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: Attached (AE)
8. FDOT/LCDOT HIGHWAY/DRIVEWAY PERMIT**: N/A (AE)
9. CITY VALVE SHEET FORMS DELIVERED TO ENGINEERING: N/A if included in GIS (GC)
10. CITY ACCEPTANCE OF TV TAPES OF SEWER SYSTEM: N/A (C)
11. CONTRACTORS ONE-YEAR WARRANTY - MATERIALS & LABOR: Attached (GC)
12. CONTRACTORS FINAL RELEASE OF LEIN: Attached (GC)
13. SUBCONTRACTORS & SUPPLIERS FINAL RELEASE OF LEIN: Attached (AE)
14. FINAL CLOSE-OUT CHANGE ORDER: Attached (GC)
15. FINAL INVOICE: Attached (C)
16. RECEIPT OF $5,000 ESCROW DEPOSIT FOR PUMP STATION TELEMETRY _ _ _ _.:...::..:...:...._
N/A _ _ __ (C)
17. INSPECTOR'S ACCEPTANCE OF PUNCH LIST WORK : Attached (GC)
18. ACCEPTANCE OF PRELIMINARY PLAT (SUBDIVISIONS ONLY): N/A (AE)
19. ACCEPTANCE OF RECORDED EASEMENTS N/A (AE)
20. OWNER'S CERTIFICATION OF COMPLIANCE WITH SAGA: N/A (AE)
21 . RETURN OF CITY FIRE HYDRANT METER, IF APPLICABLE

(CHECK WITH UTILITIES DEPARTMENT):
22. WALK THROUGH BY PUBLIC WORKS CENTER INSPECTOR.
23. SIGN OFF BY STORMWATER DIVISION
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_ __
PROJECT DESCRIPTION: Evans Avenue Waterline
CONTRACTOR: AIM Constructing Contracting. LLC
Contract for: CMAR RFQ 12-27-12-PW STA #3 Evans Avenue Waterline
Contract Date: Februarv 16. 2016
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:
CITY OF FORT MYERS:
CONTRACTOR: See Punchlist dated December 7. 2016
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.
Executed by CONSULTANT on _ _ __,D:<:e'<-'c,e""m.u:b<>=e"-r_,_7_ _ _ _ _ _ _, 20-'-'16"-----
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
Nicole Monahan P.E.

CITY OF FORT MYERS
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
Punch - Walk 1brough Evan Avenue Water Line Improvements

Building Permit: N/A
Purchase Order: RFQ#12-27-12-PW STA#3 -CMAR
Contractor: AIM Construction Contracting, LLC
~"--"'-~~..-.=.a...;.._o_~_,__=';.;_
rn.u:J....:=-
;:;:....u...o~r~u5 . l ~ empj
~.:. '5\ ~Ef:>U:> ~ ~-
-------- - - - - -- -- - - - - ------ --- - - - ----

1-- - - - - - - --- - ----~---- -- -
- -------- ---- - - - - - - --- . - - - -- - -- - - - ---'

/lit& )(o/(0 .- ,5-"C-r~e c Lj/;t"J
. j --~.C \\;-~~ ~'1
Evans Ave Waterline Project

Final Walk Through Punch List
1
Pa.l of3
l\U
12/07
Pqe2or3
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
Elaine Capps, P .E.

Senior Project Manager Utilities
City of Ft. Myers
2200 Second Street
Subject:Evans Ave Waterline
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.
Jadon D. Hull, P.E.

State of Florida# 72357
Rick Scott
Mission: Governor
To protect. promote & improve the health
of all people in Florida through integrated
state, county &comrrunity efforts. Celeste Philip, MD, MPH
State Surgeon General
Vision: To be the Healthiest State in the Nation
February 24, 2017
Jadon D. Hull, P.E.

Aim Engineering & Surveying, Inc.
2185 Alicia Street
Reference: Evans Avenue Water Line Improvements

Permit No.: 0125191-558 DSC
City of Fort Myers
Pressure Test: July 13, 2016
Bacteriological Tests: July 18 & 19, 2016
Previously Approved Partial Clearance: July 27, 2016
Complete Clearance
Dear Mr. Hull:
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
cc: Richard Moulton, CFM
Florida Department of Health

In Lee County Environmental Engineering
60 South Danley Drive, Un~ 1, Fort Myers, FL 33907
Accredited Heatth ~rtment
PHONE: 2391274-2200 FAX: 239/274-2201
Public Health Accreditation Board
http:l/lee.florldahealth.gov/
Florida Department d Enviroomental Protection

COLLECTIONffRANSMISSION SYSTEM INTO OPERATION
(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.
PART II - PROJECT DOCUMENTATION

(I) Collection/Transmission System Perminee
Name Richard Moulton M.B.A. Title Interim Director of Public Works
Company Name The City Of Fort Myers
City Fort Myers State Florida Zip 33902-2217
Telephone 239-321-7215 Fax n/a Email rmoulton@cityttmyers.com
~--------------

Project Name Evans Avenue Waterline Improvements Project
Construction Permit No. 47312-529-DWCICM Dated February 25, 2016
~~~~~~---------
Is the entire project included under the collection/transmission system permit substantially complete? rg] Yes 0No (If approval
is being requested to place a portion of the project into operation, anach a copy of the site plan or sketch that was submitted with
the application showing the portion of the project which is substantially complete and for which approval is being requested.)
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
(3) Treatment Plant Serving Collection/Transmission System

Name of Treatment Plant Serving Project City of Fort Myers South AWWTP (#FL0021270)
County _L_ee~---=----------- City Fort Myers
DEP permit number Fl... 0021270 Expiration Date 5-19-2016
~~~------------------------
For Departrnent Use Only
ate Andrew Digitally signed

L-U_..............,........,'- by And1 ew Puce
Y A -Date: 2017 02 20
r nce 14:51 :04 -{)soo
CLEARl:D H>R USI:
DEl' f orm 62-604 100(8)\bl Page I of3

Effecm c November 6, 200'
PART Ill- CERTIFICATIONS
(I) Collectionffransmission System Pennittee
I, the undersigned owner or authorized representative* of The City of Fort Myers cenif)' that the engineer
has provided us a copy of the record dra~~ngs for this project and if there is not already an existing applicable operation and
maintenance (O&M) manual, one has been prepared for the new or modified facilities.
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.
(2) Owner ofCollectionffransmission System After it is Placed into Service
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
Signed Date 2-16-17

Name Richard Moult Title Interim Director of Public Works
Company Name
City Fort Myers ----------------------------~~------------------~~---------------
State Florida Zip 33902-2217
Telephone 239-321 -7215 Fax 239-344-5943 Email rmoulton@cityftmyers.com
Allach a feller ofallflwrization.
(3) Wastewater Facility Serving Collectionffransmission System
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
City Fort Myers State Florida Zip 33902-2217
Telephone 239-321-7215 Fax 239-344-5943 Email rmoullon@cityftmyers.com
"'Attach a leuer ofauthorization
fJ[JI l onn 626tl-' _\{)O(l.)lbl Page 2 of 3

t-tft'(:mc- "'o,tmhc.-16.100'
(4) Professional Engineer Registered in Florida
I, the undersigned professional engineer registered in Florida, certify the following:
that this project has been constructed in accordance with the construction pennit and engineering plans and specifications or that,
to the best of my knowledge and belief, any deviations !Tom the construction pennit and engineering plans and specifications "~ II
not prevent this project !Tom functioning in compliance with Chapter 62-604, f.A .C.;
that the record drawings for this project are adequate and include substantial deviations rrom the construction pennit and
engineering plans and specifications;
that a copy of the record drawings has been provided to the permittee and to the wastewater treatment facility serving the
collection/transmission system;
that the O&M manual for this project has been prepared or examined by me, or by an individual(s) under my direct supervision,
and that there is reasonable assurance. in my professional judgment, that the facilities. when properly maintained and operated in
accordance with this manual, will function as intended; and
that, to the best of my knowledge and belief, appropriate leakage tests have been perfonned and the new or modified facilities met
the specified requirements.
This certification is based upon on-site observation of construction conducted by me or by a project representative under my direct
supervision and upon a review of shop drawings, test results/records, and record drawings perfom1ed by me or by a project
representative under my direct supervision.
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.
.: .._..; , . . . ~ :
. ''
Name Jadon Hull Florida Registration No. 72357

Company Name AIM Engineering & Surveying, Inc.
Address 5300 Lee Boulevard
City Lehigh Acres State FL Zip 33971
Telephone 239-332-4569 Fax 239-332-8734 Email jadon@aimengr.com
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.
DI:P l onn6~-60-131>J(8Mbl Page 3 of3

Effcc1i'~ No,cmbc1 6, 2003
STATEMENT OF GUARANTEE
The undersign parties do hereby warrant and/or guarantee all work executed by the Contractor on:
Evans Avenue Waterline Project

Name and Address of Project and Limits of Construction
to be free from defects of materials and workmanship for a period of one year from date of acceptance by the:
CITY OF FORT MYERS, FLORIDA

(at a City of Fort Myers City Council Meeting)
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.
STATE OF FLORIDA, COUNTY OF LEE
Sworn and Subscribed before me this rl +h day of Fe..b v'-let v~ . 2o._._l1_ _ _
~'l~tqj~ NOTARY PUBLIC
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
Dated this _1.IttL __ _ day of _ _ ..LF..~:e:u.b.~.~r...Lila.caury

----- 20...L1.L7_ _
AIM E~ineering & Surveying. Inc.

C NTRACTOR
F- 29
WARRANTY
The undersigned parties do hereby warrant and/or guaranty all work

executed by the contractor on the EVANS AVENUE WATER MAIN
IMPROVEMENTS (RFQ #12-27-12-PW) to be free from defects in
material and workmanship for a period of one year from the date of
acceptance by City of Fort Myers (January 19, 20 17). 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 furthennore understood that the consideration for the giving of this

warranty and/or guaranty is the requirement by the general conditions and
specifications under which the contract was let that such warranty and/or
guaranty would be given.
Stevens & Layton, Inc.

Owner or Contractor
By:~l-A-"~1-P-A~~----
}/'fl(eith Dean, President
J
State of Florida
County of Lee
The foregoing instrument was signed and acknowledged before me this

19th of January , 2017 by V. Keith Dean who is personally known
byrne.
~\.:) . ~
Notary Public Signature
Linda D. Baer
UPON FINAL PAYMENT
The undersigned lienor, in consideration of the final payment in the amount of

$ 78,451.97 hereby waives and releases its lien and right to claim a lien for labor,
services, or materials furnished to AIM CONSTRUCTON CONTRACTING, INC.
(customer) on the job of CITY OF FORT MYERS (owner) to the following described
property: EVANS AVENUE WATER MAIN IMPROVEMENTS CRFQ# l2-27-12-PW).
Dated on: ---==2_,-1""'"5_,

-1-'-7_ _ _ _ __
By L~~-= STEVENS & LAYTON. INC.

Name of Corporation
By: __V-'-'--'K=E
. ...,I_,_
T...., =A....,N_,___ _ _ __
H"""D~E 11260 PALM BEACH BLVD
Name of Representative Address
Title:_ __._P....,.RE=S=l=D=EN~T_ _ _ _ __ FORT MYERS FL 33905
Phone: 239-693-1400 Fax: 239-693-8630
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
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
Cella Molnar & Associates. Inc.

Company Name
L~
Officer S(Qilature/Title
Kris Cella CEO

Print NamefTitle
STATE OF: _!-!FL=-----
COUNTY OF: ~L::.::e:::::e_ _ __
The foregoing instrument was acknowledged before me this 16th day of February , 201L. by
Kns Cella as CEO / ' of~-Molnar & Associates. Inc.
Noffiry ~!Llf? [ ,L_

My commission Expires: '-/ / I 0 ,/do I 7
'i'
i:
~
CAR<>.YN USHER
"~ Com!T'ission # FF 006716
in Expirf <flprit 10, 2017
''~Itt.-.~~ 8oNIU lrt:.. ,.,.,. . . . . . . eooas.me
AIM CONSTRUCTION CONTRACTING, LLC

Exhibit C - Final Release of Claims (Rev 1101/05) Page 1 of 1
2/16/2017 WAIVER & RELEASE UPON FINAL PMT

UPON FINAL PAYMENT
(Section 713 .20(5) Florida Statutes)
This instrument l'repared by: CHERI TRAY, CREDIT MANAGER

Ferguson Enterprises Inc., on its behalf
aod as an agent for its subsidiaries and affiliares
Attn: Cmdit Dept 813-9898778
7816 Professional Place
Tampa FL 3363 7
00127*37907
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.
DATED on FEBRUARY 16,2017
Ferguson Enterptises Inc., on its behalf

and as an agent for its subsidiaries and affiliates
Attn: Credit Dept 813-989-8778
-- ---~
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
buffy@salinc.net

UPON FINAL PAYMENT
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.
DATED: January 20, 2017

FLORIDA ROCK INDUSTRIES, INC.
VULCAN MATNULCAN CONST MAT
PO Box 4667
Jacksonville, FL 32201
Southeast Division
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
Statutory Form Section 7 13.20, Florida Statutes (1996)
D.L. Davis
Notary Public
State of Aorlda
My Commission Expires October 8, 2018
C;mmiaaion No. FF 163869
UPON FINAL PAYMENT
(Section 713.20(5) Florida Statutes)
This instrument Prepared by: TRENT WARD

NEFF RENTAL LLC
ATTN: JENNIFER AMADOR
11700 METRO PARKWAY
FORT MYERS FL 33966
50025006 I 7621
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.
DATED on JANUARY 20,2017
NEFF RENTAL LLC

ATTN: JENNIFER AMADOR
11700 METRO PARKWAY
FORT~~~) FL 33966
1
By: 1-~wa_A.l
TRENT WARD
SERVICE MANAGER
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
CONTRACT RFQ NO 12-27-12-PW
and is owned by:

CITY OF FORT MYERS
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.
Given under hand and seal th is ~ day of -.Jf\f'VU ~
Sworn and Subscribed before me ETE
Name: ELIZABETH P STAFFORD
Title: CREDIT & COLLECTION MANAGER
Ref:16-6921-201565 Misc. Info:
J
RELEASE OF UEN Page 1 of 1
UPON FINAL PAYMENT
THE UNDERSIGNED LIENOR, IN CONSIDERATION OF THE FINAL PAYMENT IN THE

AMOUNT OF $10.00 RECEIVED HEREBY WAIVES AND RELEASES ITS LIEN AND RIGHT TO
CLAIM OF LIEN FOR LABOR SERVICES AND/OR MATERIALS FURNISHED STEVENS &
LAYTON INC ON TilE JOB OF CITY OF FORT MYERS PURCHASING & CONTRACTS
ADMINISTRATION TO THE FOLLOWING DESCRIBED PROPERTY:
DESCRIPTION: RFQ #12-27-12-PW, EVANS AVENUE WATERLINE IMPROVEMENTS

ADDRESS : EVANS AVENUE
FORT MYERS FLORIDA
DATED ON: 02-15-2017 LIENOR'S NAME:

AMERICAN BORING & TRENCHING INC
6560 PANGOLA ROAD
FORT MYERS FLORIDA
~~~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 _
--.-. c/
:. :. _ _ _ _ _ IS PERSONALLY KNOWN TO ME OR PROVIDED THE
FOLLOWING IDENTIFICATION. ~
'
N
~~
-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
ht1p1twww.pbrweb.biz!RequestDe!ai lsPopU p.aspx?RefeaseiD= 23302 February 15, 2017

Page 1 of2
CEMEX, Inc. and/or

Cemex Construction Materials Florida LLC
WAIVER AND RELEASE OF LIEN FOR FINAL PAYMENT
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:
EVANS A VENUE WATERLINE IMPROVEMENTS, FORT MYERS FLORIDA, JOB

NUMBER RFQ12-27-12-PW, BOND NUMBER PB00155800161 , LEE COUNTY,
FLORIDA.
DATED on JANUARY 24,

2017
Lienor's Name: CEMEX, Inc and/or

CEMEX Construction Materials Florida, LLC
CREDIT SERVICES 800-398-2869
3820 Northdale Blvd # lOOB
Tampa FL n624
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

UPON FINAL I' AYMENT
(Section 713.20(5) Florida Statutes)
Th1s instrument Prcp;lrcd by: ANDY Dl!l'Ri\ENJ:

AJAX Pi\ VING INDUSTRIES OF Fl. LI.C
A'ITN:JASON WESCOAT/Ji\MII: SIMI> IONS
ONE AJAX DIU VE
NORTII VENICE Fl. H 275
16U761'M I
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()
_ ____---.,....--
\
_,_, .. -
WARRANTY OF TITLE, LIEN RELEASE
KNOW AU MEN BY THESE PRESENTS, that AIM Construction Contracting. LLC.

whose address is 2185 Alicia Street, Fort Myers, FL 33901
for and in consideration of $1 0 00 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
Dated this __._17.._t.....h...____ day of _ _ _..F_,e...,b...uru.u""a.....ry~--- 2017
Sworn to and subscribed before me this j{th day of ~e lov Utl ~ , 20_l_J
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Japan, METI , Esri China (Hong Kong), Esri (Thailand), Mapmylndia, .
OpenStreetMap con\i"ibi:itors,. and the GIS User Communtty ;
ource: City of Fort Myers
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
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AGENDA7

[8J Regular D Special D Workshop --
_Quasi-Judicial .D Yes [8J No
0Proclamations [g!Consent 0Public 0City Council 0 Permission 0City 0City
Consideration
MOTION: Approve utilization of City of MANAGEMENT RECOMMENDATION:
Jacksonville Request for Proposal P-38- 15 for Approve
Registry of Vacant/ Abandoned Properties with
Community Champions Corporation.
FUNDING SOURCE: N /A
FISCAL IMPACT: $125,000 revenue annually to General Fund #002-1203-343-9040
WHAT ACTION ACCOMPLISHES: Utilizes Community Champions Corporation to enforce,

register, and collect fees for abandoned properties.
BACKGROUND INFORMATION: The City issued Request for Qualification

No. 01-15- 10-RFQ-CD, Administrator of Records for Abandoned, Foreclosed and Vacant
Properties in 2010 and contracted with Federal Property Registr ation Corporation effective
June 14, 20 10. The agreement expired on June 13, 2016, and it has been used since that time
on a month-to-mon th basis . Federal Property Registration Corp oration changed their name to
Community Champions Corporation and offered to allow the City to utilize the contract with
City of Jacksonville.
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.
The fee is $200 per registration, per property.
The new agreement fee is 200 per registration, per property.
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
Oath: 0
AGENDA 8
MEETING DATE: April 3, 2017 AGENDA ITEM NO. ~

[8J Regular D Special D Workshop --
Quasi-Judicial D Yes [8J No
0Proclamations !:8JConsent 0Public 0City Council 0Permission 0City 0City
Consideration
MOTION: Approve utilization of City of Naples MANAGEMENT RECOMMENDATION:
Request for Proposal No. 16-014, Building Approve
Permit Inspection and Plan Review Services in
an estimated annual expenditure of $200,000.
FUNDING SOURCE: Vacancy Savings in Building, Permitting Inspections Fund
FISCAL IMPACT: $200,000 annually unless Building Permitting and Inspections is authorized
to fill full time vacancies
WHAT ACTION ACCOMPLISHES: Outsources Florida Building Code structural, mechanical,

and electrical inspection services.
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:
C.A.P. Government, Inc., 343 Almeria Avenue; Coral Gables

Bureau Veritas North America, Inc., 6819 Porto Fino Circle, Fort Myers
Calvin, Giordano & Associates, Inc., 1800 Eller Drive, Suite 600, Fort Lauderdale
GFA International, Inc., 5851 Country Lakes Dr., Fort Myers
NOVA Engineering and Environmental, LLC, 5475 Lee Street, Lehigh Acres, FL
Continued to Next Page 0 Yes [8J No

Person Initiating Request: Maria Joyner & Richard Department: Financial Services &
Moulton Community Development
Laurie Victory, Daryl Dillow & Michael Titmuss Division: Purchasing & Contracts
Administration & BPI
COUNCIL ACTION
Oath: 0
I AGENDA 9
MEETING DATE: April 3, 201 7 AGENDA ITEM NO. 9

WARD: All (Date & Time)
Revise d :
[8J Regular D Special D Worksh op --
Quasi-Judicial D Ye s [8J No
D Proclamations [8]Consent 0Public 0 City Council 0Permission D eity 0 City
Consideration
MOTION: Approve single source procurement MANAGEMENT RECOMMENDATION:
of t hree wastewater mixing u n it s, in the total Approve
amount of $100,665, from SPX Flow
Tech nology - Lightnin .
FUNDING SOURCE: Proj ect No. 3 1100101- 001 - $66,280 and 31 100222-0001- $34,385
FISCAL IMPACT: $ 100,665
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.
Continued to Next PageD Yes [8J No

Person Initiating Request: Mar ia J oyner & Richard Department: Fin an cial Services Public
Moulton Works
Laurie Victory & Joh n Bolder Division: Purchasing & Contracts
Administration - Ad vanced Wastewater
Treatmen t Facilities
COUNCIL ACTION
Oath: 0
Hudson Pump & Equipment
3524 Craftsman Blvd.
Lakeland, Florida 33803-7307 United States
Phone: 863-665-7867 Fax: 863-666-5649
cmccaughey@tencarva.com
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
Item No Product I Description I Quantity I Price Each

Mixer Series 70 1Modei74Q10 I 1 I $34,385.00
Details: Motor: 10HP. TEFC, Premium Efficiency, 3 ph, 60 Hz, 230/460 volt, 1770 RPM
Machine: Gear Reduction Ratio: 25.63
Output Speed: 69RPM
Shaft: Diameter: 3.0 inches
Length: 156.0 inches
Includes the "Clean Shaft"
lmpeller(s): 63", A333 (Clean Edge)
Other Data: Wetted Parts Material: 316ss
High Speed Coupling : Steel-Flex
Drawings: L-16310, DS-E-589, L-16922
Total (US Dollars): $34,385.00
Shipment In: 10-14 Weeks After Receipt of Order

Payment Terms: 30 Days from Invoice Date
Delivery Terms : Free Carrier Seller's Facility
Quote Expiration Date: 8/16/2015
Please Address Purchase Order to:

SPX Flow US, LLC, Lightnin and Plenty Mixers
c/o Hudson Pump & Equipment
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
..:--

WliER l iDIEAS M Elf IIID USTRY

Hudson Pump & Equipment
lakeland, Florida 33803-7307 United States
Phone: 863-665-7867 Fax: 863-666-5649
cmccaughey@tencarva.com
Quote Form
Attention: Darren Hoagland Date: 11/30/2016
Ft Myers
South Plant- 2nd An ox Tank
Ft Myers, Florida United States
Project Name: Ft Myers 74010 Quote Number: 092316

Rep Reference Number: 011G-15-0625
Item No Product Description Quantity Price Each

Mixer Series 70 Modei74Q10 2 $33,140.00
Details: Motor: 10HP, TEFC, Premium Efficiency, 3 ph , 60Hz, 230/460 volt, 1770 RPM
Machine: Gear Reduction Ratio: 25.63
Output Speed: 69RPM
Shaft: Diameter: 3.0 inches
Length: 156.0 inches
Includes the "Clean Shaft"
lmpeller(s): 63", A333 (Clean Edge)
Other Data: Wetted Parts Material: 316ss
High Speed Coupling: Steel-Flex
Drawings: L-16310, DS-E-589, L-16922
Total (US Dollars): $66,280.00
Shipment In: 10-14 Weeks After Receipt of Order

Payment Terms: 30 Days from Invoice Date
Delivery Terms: Free Carrier Seller's Facility- Freight included in price
Quote Expiration Date: 12/30/2016
Please Address Purchase Order to:

SPX Flow US, LLC, lightnin and Plenty Mixers
c/o Hudson Pump & Equipment
3524 Craftsman Blvd .
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

WARD: Revised: (Date & Time)
~Regular D Special D Workshop --
Quas i-Judicial 0 Yes ~No
0Proclamations ~Consent 0Public Deity Council 0Permission 0City Deity
Consideration
MOTION: Approve acceptance and MANAGEMENT RECOMMENDATION:
maintenance of potable water and sanitary Approve
sewer utilities for Bridgetown at the Plantation
Phases 3-3, 3-4, and 3-9 at 11403 Treeline
Avenue from Centex Homes.
FUNDING SOURCE: NfA
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.
BACKGROUND INFORMAT ION: Bridgetown at the Plantations subdivision is located at

11403 Treeline Avenue and was broken into multiple phases by Centex Homes, the developer.
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 .
Continued to Next Pa ge 0 Yes ~ No

Person Initiating Re quest: Richard Moulton, MBA Department: Public Works
Nicole Monahan, P.E., William Porter Division: Engineering
COUNCI L ACTION
Oath: 0
rS'City of Pa'rn.) PROJECT CLOSEOUT CHECKLIST
For Project the City Will Own Utilities
By The City of Fort Myers Florida REVISED 10/16/2015
PROJECTNAME/ADDRESS~~ N{- -f<..tJ.. Pf~

DATE RECEIVED:
Plans Examiner:~\.\ Pod-c....a_ Inspector: SA.~ {V\ ~A-(...D

'"V~ PI~ -\ f""\ ~~vMZ-'.. w~
1. ONE SET OF SIGNED AND SEALED AS-BUILT PRINTS IN 24" X 36" FORMAT AND 1 CD CONTAINING PDF OF ASBUILTS, CAD
ALE, GIS INFORMATION AND PDF'S OF THE BELOW DOCUMENTS. SUBMIT O~ALS OF THE DOCUMENTS WITH ASBUILTS.
~\j
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-OF-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-QF-WAY AND THE PRIVATE
PROPERTY.
B. CAPITAL IMPROVEMENT PROJETS ARE REQUIRED TO MEET ALL OF THE AD~ED ~NDARDS FOR ELECTRONIC AS-BUILT
FILES MANUAL ~C!.\ ~ (AE}
2. OWNERSHIP OF ROADWAY AND SIDEWALKS PUBLIC CPBIVATELD (C)

OWNERSHIP OF UTILITES f1!iJBlli) PRIV TELY (C)
OWNERSHIP OF STREET LIGHTS ""'mBLic (C)
OWNERSHIP IF DRAINAGE PUBLIC (C)
3. CERTIACATION OF CONTRIBUTORY ASSETS _,~

=c....:::e."'-\-=~::;__------<GC)
---~~C...::.....!\&:...<-------<AE)
4. ARCHITECT/ENGINEERS/SURVEYORS CERTIFICATION THAT PROJECT
IS AS-BUILT IN ACCORDANCE WITH THE PLANS & SPEOFICATIONS:
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)
7. FDEP ~ PERMIT**# LETTER FROM FDEP

APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: _ _ _ _ _N/A_ __ _ _ _(AE)
HRS WA!m PERMIT **t/)\ 'Z.5\q \ -5SC!LE~OM HRS

~-~... I-s;" ~
8.
APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: (AE)
9. FDOT/LCDOT HIGHWAY/DRIVEWAY PERMIT**: _ _ _ __ __ - ---=-,J=-=--Pc_ _ _ _ _ _ _(AE)

10. CITY VALVE SHEET FORMS DELIVERED TO ENGINEERING: --==~='=C.:_\cl""""-_ _ _ _ _(GC)
11 . CITY ACCEPTANCE OF TV TAPES OF SEWER SYSTEM: _fb.=-e...
=-\.""'.:~c--------'(C)
12. CONTRACTORS ONE YEAR WARRANTY- MATERIALS & LABOR: __:~ ,-----:=-\..-!'cD
~_ _ _ __ (GC)
13. CONTRACTORS FINAL RELEASE OF LEIN: ___.lkv.-.::::::.!:....JrD~_ _ _ _ _(GC)
14.
15.
SUBCONTRACTORS & SUPPUERS FINAL RELfASE OF LEIN :
RECEIPT OF $5,000 ESCROW DEPOSIT FOR PUMP STATION TELEMETRY

--m
~:_:.__ ___
- - - --.Adji-:--------'''--'(C)
(AE)
16. PUMP STATION INFO: ADDRESS, PUMPS, CAPACITIES, MOTORS, ETC. -------'------~tG.C)
---~---ft-_____
17. CURRENT WATER AND ELECTRIC ACCOUNT NUMBERS FOR PUMP STATION
SERVICES:
WATER: ADDRESS: - -- - - - - - - - - - - - ----'

.(gC)
---~- - t-= ~-+-------(G)

ACCOUNT NUMBER:_ _ _ _ _ _ _ _ _ _ __
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)
21. RETURN OF CITY FIRE H:VDRANT METER, IF APPUCABLE

(CHECK WITH UTIUTIES DEPARTMENT): ....t~
_ _ ___;__;___ _ _ _ _ _ (C)
22. PERMANENT METER: SIZE:_ __

SIZE:_ __ ~~~:~:: pl fJ\ ~~~
23.
24.
WALK THROUGH BY PUBUC WORKS CENTER INSPECTOR.
SIGN OFF BY STORMWATER DIVISION

~ - ~D ~u..d.bb+ ll>"*"' (C)
---'-Ud..~,L!__~"B'J-:.IG~/--=-'..L_7_ _ _(C)
ITEMS PREPARED BY ARCHITECT/ENGINEER INDICATED "(AE)", ITEMS PREPARED BY THE CONTRACTOR INDICATED "(GC)"
ITEMS PREPARED BY THE OTY INDICATED " (C)", ** ITEM NUMBERS 3,4,5,6,7,8 and 9 ARE REQUIRED CERTIFICATIONS FROM OTHER
GOVERNMENTAL AGENOES AND MUST BE SATISFIED BEFORE ACCEPTANCE BY THE CITY OF FORT MYERS. COPIES OF ALL PERMITS
SHALL BE ATTACHED
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.)
INSPECTOR: APPROVED _J__DISAPPROVED DATE: ,,,,, l1t, SIGNATURE: ~~

PLAN REVIEWER: APPROVED j DISAPPROVED DATE:'f/JJ/J '; SIGNATURE: 110 /)
~
GIS: APPROVED~DISAPPROVED~ DATE: .b!).-J(; 5IGNATURE:_~.::.....!.~----
Cjr 2~ -(~
~
~ g
City of Palm~ PROJECT CLOSEOUT CHECKLIST
PROJECT NAME/ADDRESS:~~ pr\- ~ e~

SITEWORK PERMIT: ~+ 2Dol. .. D=> ~70 DATE RECEIVED: l -'1-1 ~
Plans Examiner:~ \\ Po~ Inspector:
~~~el~ ~IU!..C4 } FO~ ~T.

1. ONE SET OF SIGNED AND SEALED AS-BUILT PRINTS IN 24HX 36H FORMAT AND 1 CD CONTAINING PDF OF ASBUILTS, CAD
FILE, GIS INFORMATION AND PDF'S OF THE BELOW DOCUMENTS. SUBMIT ORI&.~~E DOCUMENTS WITH ASBUILTS.
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
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)
2. OWNERSHIP OF ROADWAY AND SIDEWALKS PUBLIC a!@AJHY (C)

OWNERSHIP OF UTIUTES ~ PRIVATELY (C)
OWNERSHIP OF STREET LIGHTS ~C ~ (C)
OWNERSHIP IF DRAINAGE PUBLIC ~ (C)
3. CERTIFICATION OF CONTRIBUTORY ASSETS R..a.c.\. & (GC)

IS AS-BUILT IN ACCORDANCE WITH THE PLANS & SPEOFICATIONS: ~.Q.C. '-cO (AE)
5. SFWMD PERMIT**#
. CONSTRUCTION
f J+ (AE)
FEDP SEWER PERMIT**# L\-J 3t2-SI 4

.D~ c~
6. LETTTER FROM
FDEP APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: <6.. 31-1~ c;;:::J (AE)
7. FDEP ~PERMIT**# LETTER FROM FDEP

APPROVING THE SYSTEM FOR PLACEMENT INTO SE~p N/A (AE)
HRS WATER PERMIT **#OIZSICf I- SS'\~R

8. FROM HRS
APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE:
"1- z.g _, S" 0 (AE)
9. FDOT/LCDOT HIGHWAY/DRIVEWAY PERMIT**: _ _ _ __ __ ~A (AE)
10. CITY VALVE SHEET FORMS DELIVERED TO ENGINEERING: ~~\~ (GC)
11. OTY ACCEPTANCE OF lV TAPES OF SEWER SYSTEM: ~\d) (C)
12. CONTRACTORS ONE YEAR WARRANTY- MATERIALS & LABOR: ~e.\J (GC)
13. CONTRACTORS FINAL RELEASE OF LEIN: ~_Le_ \J (GC)

14. SUBCONTRACTORS & SUPPLIERS FINAL RELEASE OF LEIN: J~
- - - , - - - - , - - - - - - -(AE)
15. RECEIPT OF $5,000 ESCROW DEPOSIT FOR PUMP STATION TELEMETRY _

(').e. tJ
__..t:~==--..:=-------(C)
16. PUMP STATION INFO: ADDRESS, PUMPS, CAPAGTIES, MOTORS, ETC. -~{2A_,.,._,.C,...._;\dl"""'-------(GC)
SERVICES:
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)
20. ACCEPTANCE OF RECORDED EASEMENTS MaP's

_ _ _ ___:__ _ _ _ _ _ _,(AE)
21. RETURN OF CITY FIRE HYDRANT METER, IF APPUCABLE

(CHECK WITH UTILITIES DEPARTMENT): Adll
_ _ __L_..:___ __ __ _ ,(C)
22. **PERMANENT METER: SIZE:___ _

SIZE:_ __ SERIAL#: tjf<
SERIAL#=---~r.a.---------(C)
(C)
23. WALK THROUGH BY PUBLIC WORKS CENTER INSPECTOR. s~~c. - t.Jv ~~ '* 11" hs (C)
0
24. SIGN OFF BY STORMWATER DIVISION tL/1> "0 1~/11 ~o-

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 ATTACHED
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.)
INSPECTOR: APPROVED j DISAPPROVED DATE: loj,,(, ~ SIGNATURE~

PLAN REVIEWER: APPROVED /
~
DISAPPROVED DATE:2fl')f.:; SIGNATURE: Pit
~~------
GIS: APPROVED 0 DISAPPROVED~ DATE: ftl ~ .. SIGNATURE:_..N:\:'-'D._.,___ _ __

ct -:;&:, -I (p
~
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e
Cit>' of Palm_) PROJECT CLOSEOUT CHECKLIST
By The City of Fort Myers Florida REVISED 10/16/2015 ':f> .. J9
PROJECT NAME/ADDRESS:~ Pr4- & cpf~UI...... ~habe 3Jf
SITEWORK PERMIT: ~,~. 2oo(c .. b0~70 DATE RECEIVED: 1l1/J (p
Plans Examiner: -"Ba \\ Poe..kl--
~~~ Av..R~
FILE, GIS INFORMATION AND PDF'S OF THE BELOW DOCUMENTS. SUBMIT ORIGI~~\~DOOJMENTS WITH ASBUILTS.
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
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)
3. CERTIFICATION OF CONTRIBUTORY ASSETS ~e.\J (GC)

[O.e \ cJ (AE)
s. SFWMD PERMIT**#
. 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)
7. FDEP ~ PERMIT**# LETTER FROM FDEP

APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: N/A (AE)
2.51~1.5~7 ~p
HRS WATER PERMIT**# 01
8. LETTER FRbM HRS
APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: q l u..t.ft '5" (AE)
9. FDOT/LCDOT HIGHWAY/DRIVEWAY PERMIT**:_ _ _ __ _ _ ~rt\ (AE)
10. CITY VALVE SHEET FORMS DEUVERED TO ENGINEERING: Qo_~\J (GC)
11. CITY ACCEPTANCE OF TV TAPES OF SEWER SYSTEM: \h.~ '-J (C)
12. CONTRACTORS ONE YEAR WARRANTY- MATERIALS & LABOR: R.cLe \/) (GC)
13. CONTRACTORS FINAL RELEASE OF LEIN: ~e'J (GC)

14. SUBCONTRACTORS & SUPPLIERS FINAL RELEASE OF LEIN: ___JJ---,1,.-~
_____(AE)
15. RECEIPT OF $5,000 ESCROW DEPOSIT FOR PUMP STATION TELEMETRY ___tJ--,..1j 1 - -- - - ' -
' (C)
16. PUMP STATION INFO: ADDRESS, PUMPS, CAPACTTIES, MOTORS, ETC.
('){
_ _ _ _ _{\_ _ _ _ _ _.(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):
22. **PERMANEr-IT METER: SIZE:_ _ _

SIZE: _ __
23. WALK THROUGH BY PUBUC WORKS CENTER INSPECTOR.
24. SIGN OFF BY STORMWATER DIVISION
ITEMS PREPARED BY THE CITY INDICATED " (C)", **ITEM NUMBERS 3,4,5,6,7,8 and 9 ARE REQUIRED CERTIFICATIONS FROM OTHER
SHALL BE ATIACHED
NOTE: ALL THE ABOVE IS TO BE COLLECTED BY THE PERMmED CONTRACTOR AND/OR OWNER
INSPECTOR: APPROVED I DISAPPROVED DATE: I D(,, II SIGNATURE:~

PLAN REVIEWER: APPROVED V DISAPPROVED DATE~ SIGNATURE:_1J....<...-..,;/__~,___ __
GIS: APPROVED ~DISAPPROVED ~ATE: ~ SIGNATURE:_Mc~~----
f-). f. - I c.,.
~
Bridgetown ~t the Plantation
PROJECT: Ph~se 3-3 .. '1 \ l {S.IT2006-00370)

1 .
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1
BUILDING PERMIT NUMBER Sitework only ll) inus final lift
.- ~ ~----~------------~----------
of asphalt
',
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This Letter of Substantial
'
Compliance to the City of Fort
.
Myers City Council certifies that
I
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the above development, las k:fetermined by an on-site jnspection performed by the

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9evelqprn_ent's E~gineer or his d~signated representative on
" \ I (b
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. iscompleted. to the specifi~ati~ns of the ap~roved project P\~~s and is hereby dec~ared
7 , .. /. . . I - . .
/. . to be in substantial complic:fnce with the Final Project Plar:ts. .. .
. .,. - ' d . . -j .
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/ . \ , _':-i . .. !1 / I
/ /Alist of deviations from t~e-~1app!~~~~ projett plans ~hich are/minor changes as per the' ~
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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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Executed by the above 'dev~lopm~nt's EngirJIeer dn; :,:. \,o

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1110
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(Engineer of Record} ' ..
624;2i '
(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)
Location: Plantation Gardens Drive and Kingsbridge Boulevard
Strap# Multiple STRAPS
Owner Name Centex Homes
Type of Utility Sewer X

Water
Reuse
DESCRIPTION AND COST OF MATERIAL, LABOR, AND SERVICES
Please list each element of the system . e.g. pipe, man holes. lift stations. meters. valves. fittings, etc.
ITEM SIZE QUANTITY UNIT COST TOTAL

PVC (SDR 26) 8" 1,774 LF $ 35.62 $ 63,189.88
Manhole 4' 8 EA $ 5,192.86 $ 41 ,542.88
Single Service 6" 57 EA $ 614.20 $ 35,009.40
GRAND TOTAL: $ 139,742.16

I DO HEREBY CERTIFY THAT THE QUANTITY OF MATERIAL AND SERVICES DESCRIBED ABOVE ARE 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.
Certify: (Name and Title) _ _ _ /2...:.::

'~=7-="'!~'-"--"():;Z_=-:::~::...L-';7
______,_V_ire
__J?r;_es_i_d:n_t_ __ _
Firm or Corporation : Haleakala Construction Inc
Address: 5758 Taylor Road, #104

Naples, Fl 34109
State of Florida
County of Collier
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGE BEFORE ME THIS DATE N::NeJtEr 11, Al~---
BY Jays::n Q::es:tnick WHO IS PERSONALLY~ ----------- AND WHO OOOi DID
NOT TAKE OATH.
~o__ ~ A~Qristire K, "'4rm

Notary Public Signature Printed Name of Notary Public Notary Commission Number
Bridgetown at the Plantation- Phase 3-3 '"5 "' 11
Project Name: (Macquarie Way & Darcy Place)
Type of Utility Sewer

Water x
Reuse
Please list each element of the system, e.g. pipe, man holes, lift stations, meters. valves. fittings, etc.

PVC (C900, DR18) 8" 1,939 LF $ 18.72 $ 36,298.08
D.I.P. (CL150) 8" 550 LF $ 29.26 $ 16,093.00
Hydrant Assembly w/6"
N/A 6 EA
Gate Valve $ 3,503.90 $ 21,023.40
Gate Valve 8" 5 EA $ 1,560.00 $ 7,800.00
Single Service 3/4" 57 EA $ 431.70 $ 24,606.90
GRAND TOTAL: ~ 1051821 .38

I DO HEREBY CERTIFY THAT THE QUANTITY OF MATERIAL AND SERVICES DESCRIBED ABOVE ARE
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 .
Certify: (Name and Title)_ _ _..;:,Cfr"'-'1~F-L-L-'{)d._.c::.,..

""""'=----'--' -=V-=i=o:::.....:::J?r:;-=-=es==i=-d::n_t
_ _ _ _ __

Naples, FL 34109
State of Florida
County of Collier
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGE BEFORE ME THIS DATE N::Nartec lL a)l5 _ __
WHO IS PERSONALLY~ _ _ _ _ _ _ _ _ _ _ _ AND WHO IDO( DID
NOT TAKE OATH.
Printed Name of Notary Public Notary Commission Number

JOHNS

SINC E 194 6
ENGINEERING
January 7, 2016
Ms. Dawn Fellows

City of Fort Myers
2200 Second Street
Fort Myers, Fl. 33902
Bridgetown at the Plantation- Phase 3-3 (Parcel B-17)

SIT2006-00370
Initial Closeout Submittal
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.
Very truly yours,
JOHNSON ENGINEERING, INC.
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

PART I INSTRUCTIONS
(I) This fonn shall be ccimpleted and submitted to the appropriate DEP district office or delegated local program for all
project for use.

(I) Collectionffransmission System Permittee
Name Mike Hueniken Title Land Development Manager
Company Nwne ~C~en_t~ex~H~o_m~e~s--------------------------------------------------------------
Address 24311 Walden Center Dr., Ste. 300
City Bonita Springs State FL Zip 34134
~--=-----
Telephone 239-495-4500 Fax 239-774-1227 Email Mike.Hueniken@pultegroup.com

Project Name Bridgeto wn at the Plantation Phase 3 Parcel (B-17 & B-20)
Construction Permit No. 47312-514-DWC/CM Dated 02-27-15
Is the entire project included under the collection/transmission system permit substantially comp-I-et-e?-
. ....,[81_.-Y-e_s..,O---N-o_______
(lf approval is being requested to place a portion of the project into operation, attach a copy of the site plan or sketch that was
submitted with the application showing the portion of the project which is substantially complete and for which approval is
being requested.)
manholes and total number of pump stations)
Expected Date of Connection to Existing System or Treatment Plant September 201 5
(3) Treatment Plant Serving Collectionrrransmission System

Name of Treatment Plant Serving Project South AWWTP
--------~----=-~~------------------------------
County ~L~ee~---------------------------- City .~
Fo
~rt~~1~y~e~
rs_______________________________
DEP permit number FL 0021270 Expiration Date 05- I9-2016
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
~ Dillri.:c c.,..,.,.uuuiCII ~"' h~' s-&h OUiricA Suuthu.ll Oiltricl

11lS Boyuttb\') W,). nt 9 . .p reRIYd, Suv l U 1tn Dfi,..
)11)4 Cccorul. uu v-..ton. " " &061: ;\G. 4CIO H. C...,- /t.Yu
~B-100 P.ll. On iYIU
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"""'-444-1)(10 t0e -17)JW 40l ... Jo.t.1S" 1 1}.14-4.(1 1.... II, ) Jl.6m S61~1 1~
PAGE 03/ 04
LCHD ENV ENG
09/14/ 2015 09:41 2392742201
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
.... ~
VIsion: lobe 1t1e ttuWest Slate In the Nation

Slate Surgeon General &Secretary
September l()th, 2015
Dana L. Hume, P.E.

Johnson Engineering
P.O. Box.1550
Fort Myers, Ft 33902-1550
Reference: Bridgetown at the Plantation- Phase 3 (B--17 & B-20)

Permit No.: 0125191-539 DSGP
City of Fort Myers Utilities
Bacteriological Test August 31 & September l, 2015
Pressure Test July 28, 2015
Complete Qearance
Dear Mr. liume:
completed in accm:dance with the plans and related materials approved by this department under the
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.
Florida Department of Health Lee County
cc: Saee-d Ka7..emi, P.E., CFM.

Michael Hueniken, CH
Floract. DepMtment Gf Health L" County :gw.l!tcbdm

Environmental Engineering TWITTER:Heatthyfl.A
60 Danley Drive, U~it 1, Fort Myers, Fl 3$907 FACBOOK:Fl.DepartrntJ~IIII
YOUT\JBE : ~
PHONE: 239127~2200 Ff>:X: 2391274-2201
UPON FINAL PAYMENT
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:
Bridgetown at the Plantation - Phase 3-3 Potable and Sanitary Systems

(N ame of Development/Project) (Facilities Constructed)
Plantation Garden Dr. and Kingsbridge Blvd Multiple Straps, 13-45S-25E

Dated on:
B Haleakala Construction, Inc.

(Name of Finn or Corporation)
Jays:n Q:esdnick 5758 Taylor Rd. # 104

(Print Name of Authorized Representative) (Address of Finn or Corporation )
Title ViCE PresidEnt Naples. FL 341 09

(City, State, Zip of Firm or Corporation )
Phone#: ~l~
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

executed by the contractor Haleakala Construction Inc. on the water and sewer utilities
for the following project Bridgetown at the Plantation - Phase 3-3 to be free from defects
in material and workmanship for a period of one ( 1) year from the date of acceptance by
Haleakala Construction Inc.

Jayson Oreschnick, Vice President

(Authorized Representative, Title)
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
Bridgetown . at the. Plantation

P~a.se ~ -4 .. 11 . , ,1 {SIT2006-00370)
PROJECT: 1
Ii
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BUILDING PERMIT NUMBER: Sit~~ork only ~inus final lift

...
of asph~lt /
.. . . "' /
This Letter of Substahtial Compliance to the City of FortiMyers.City Council certifies that
. ~ ) . ~
. . .- , ..
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. . .. . ~.. ... _~. ,
< I ' , . I . .. J .: ") I
/, { ;ist of deviations from ~~~\apj)rAi4~roje~ P!~~~;~~~:~~(~~inor changes as per~~~\~~'\

Growth Management Code,l a ht!l'.:~eV;~(i ~ighllgbiectl~ite p\a~sf{ if any, are attached
1
// \.\
! I I i ,'I' ' II t.;. ~ j f I \ 1
1 ' ! .
hereto, signed and seated by the

,
de~elopment's
I l
Engin~er, for
, I
approval by the Public
Works Construction Engire~r

I I /I /:'
pripn to inspectioq.
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Executed by the above :developm~nt's Engineer on ___,...;...'__ __..;'.....;'' - - - - - - - -
1
' ' 1... ' .a (date)
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, . , '.'.. Daq~ 1. ~ .! Hum,, .. ~ . P. E.

il ; ' , k '
(EngineerItbfRecord) '
.'. , t
.62421
(Florida P.!E. Number)
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Bridgetown at the Plantation - Phase 3-4 ~ ~ ~
Project Name: (Bowes Circle & Forbes Street)
Type of Utility Sewer X
Water
Reuse
DESCRIPTION AND COST OF MATERIAL, LABOR. AND SERVICES

Please list each element of the system. e.g. pipe. man holes. lift stations, meters. valves, fittings. etc.

PVC (SDR 26) 8" 1,538 LF $ 31 .68 $ 48,723.84
Manhole 4' 8 EA $ 5,046.42 $ 40 ,371 .36
Single Service 6" 37 EA $ 614.20 $ 22,725.40
GRAND TOTAL: ~ 1111820.60

.~Fv::
Certify: (Name and Title) _ ____;~~..;;..::ol~<--.:......:~~~..;;....;;;.
_ _ _ _ _ _,_v_ice
__ __i_d:n_t_ _ _ _ __
Pres

Naples, FL 34109
State of Florida
County of Collier
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGE BEFORE ME THIS DATE N::7vartec 11, 20l,5 _ __
BY Jayson Ol:"es::ini.ck WHO IS PERSONALLY ~ ---------- AND WHO ~ DID
NOT TAKE OATH.
Cfyu4Lq(i K~ Olristina K. Ehipten FF044:07
Bridgetown at the Plantation - Phase 3-4 ~- :2.0
Project Name: (Bowes Circle & Forbes Street)

Water x
Reuse
Please list each element of the system. e.g. pipe. man holes. lift stations. meters, valves. fittings. etc.

PVC (C900, DR18) 8" 1,639 LF $ 18.09 $ 29,649.51
D.I.P. (CL150) 8" 268 LF $ 28.63 $ 7,672.84
N/A 5 EA
Gate Valve $ 3,503.90 $ 17,519.50
Gate Valve 8" 3 EA $ 1,560.00 $ 4,680.00
Single Service 3/4" 37 EA $ 431 .70 $ 15,972.90
GRAND TOTAL: i 751494.75

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.
Certify: (Name and Title) _ _ _,CA""-'1""'1'FIJII~..._.()d_.c:::,....,==----'-V_iCE__

Pres
__1_d::nt
_ _ _ _ _ _ __
Firm or Corporation: Haleakala Construction Inc

Naples, FL 34109
State of Florida
County of Collier
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGE BEFORE ME THIS DATE
BY Jays::n Q:-e:dnick WHO IS PERSONALLY ~----------- AND WHO~ DID
NOT TAKE OATH.
ClyUi06,_ J; ,.Jh ~(j).__ Ckistina K. S1ipmn f'F04<W7
JOHNS

SINCE 1946
ENGINEERING
January 7, 2016
Ms. Dawn Fellows

City of Fort Myers
2200 Second Street
Fort Myers, Fl. 33902
Bridgetown at the Plantation -Phase 3-4 (Parcel B-20)

SIT2006-00370
Dear Dawn:
Attached please find (1) copy of signed and sealed record drawings, one CD (containing the record
contributory assets, contractor's warranty, contractor's waiver of lien, a letter of substantial
Very truly yours,
Tyler M. Sharpe, E.l.
Attachments
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
project for use.

(I) Collectionfrransmission System Permittee
Name Mike Hueniken Title Land Development Manager
CompanyName ~C~e_ nt~e~x~H~o_n~
1e~s--------------------------------------------------------------
Address 24311 Walden Center Dr., Ste. 300
~~------------ ~~--------

Project Name Bridgetown at the Plantation - Phase 3 Parcel (B-17 & B-20)
Construction Permit No. 47312-5 I 4-DWC/CM Dated 02-27- 15
Is the entire project included under the collection/transmission system permit substantially comp-l-et-e?-.~~--Y-e-s-,0---N-o_______
(lf approval is being requested to place a portion of the project into operation, attach a copy of the site plan or sketch that was
being requested.)
manholes and total number of pump stations)
Expected Date of Connection to Existing System or Treatment Plant September 20 15

County Lee City Fort Myers
DEP permit number
---------------------------------
FL 0021270 Expiration Date 05-19-2016
DEP Form 62604.300(1)(b) Page 1 of3

Elfeaiv. l'ovembet 6. 2003
Norit'w.Af);,l/i..:t Nwtllcut Di.vt.."\ l"ratlli. . So~ntDNR.t $aulh0i.rid ~Di:L-M:I

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Dri"' llSS VK-.a An , ~~ ;\(.4 oo H. COCifJftl Avv
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PAGE 03/ 04
2392742201 LCHD ENV ENG
09/14/2015 09:41
.....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
Dana L. Hume, P.E.

Johnson Engineering
P.O. 'Bec 1550
Fort Myers, Ft 33902-1550
Reference: Bridgetown at the Plantation- Phase 3 (B-17 & B-20)

Pennit No.: 0125191-539 DSGP
City of Fort Myers Utilities
Bacteriological Test: August 31 &t September 1, 2015
Pressut Test July 28, 2015
Complete Oearance
Dear Mr. Hume:
completed in acCOl:dance with the plans and related materials approved by this department under the
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
cc: Sae~ Ka~emi, P.E., CFM

Michael Hueniken. CH
Florida Department of Health L" Coun~

Environmental Engineering
60 Danley Drive, U~it 1, Fon Myers, Fl 3390i
PHONE: 239/274-2200 FAX: 2391274-2201
UPON FINAL PAYMENT
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:

(Name of Development/Project) (Facilities Constructed)
Plantation Garden Dr. & Kingsbridge Blvd Multiple Straps. 12-45S-25E

I-laleakala Construction. Inc.

(Name of Finn or Corporation)
Jays:n CX:e:rlni.ck 5758 Taylor Rd, # 104

(Print Name of Authorized Representati ve) (Address of Finn or Corporation)
Title ViCE Presid:nt Naples, FL 341 09

(City, State, Zip of Firm or Corporati on)
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

in material and workmanship for a period of one (1) year from the date of acceptance by


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. .,''
}'
v'<'-'' .' 1~;,.,.
0~\tiiSSto,y ~<z ~
: .:~CJ >1-~:ner To 4., '-1-- ;;
.:. : ~ ~ ,~~ ~
.* =
~o..KAh~
: -J U) : :
= : ....
~~ ~ #FF044507 J ~
Not y Publ c Signature ~ ~. ~ ~
-~ ~)- .~.~_rted\111\l~<,
.. ~~
rfl;$
~ A '"'li!lySe~"~o c::) ,-..
.:.-,.o-a, "' ~"' ~
''I:,,~IC, STA1E. '_,,:--"
0
'.-ffl ii:l l l\\\\ \\ .
Christina K. Shipman (Notary Seal & Commission Number)

Bridgetown ~t the Plantation

PROJECT: Ph~se 3 :... 9 q 1 {S~T2006-00370)
1 1
. ;] I . ~ . l I I
BUILDING PERMIT NUMBER; Sltework only tl)'inus final lift

. of asp~'~~ . ./
This Letter of Substantial Compliance to the City of Fort Myers City Council certifies that
I I
the above 'developliTl~nt, as ldet~rmined by an on-site Inspection performed by .the

. ' , 1,\,r~ 1 I \I I I t' I () I.
l9 ~ .\
I
developrr)ent's EMgineer or his designated representatiye on \ tp .

... \ ~ ' (date) ' I . , ...
. . is c6mJieted to the specifications of the approved project plans and. is hereby de8ared ....
' . . . .' I ' . . I .. . ~
I ", ~ ' t ~ ~ , , ' .. I
1
) to be in substantial complici"nce with the final ~roject Plqns. ... -._ .. :~

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;
I
~

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-
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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 _..;

.\ ~ I II '
hereto, signed and sealed bY ).h~ ~~Velopm k s Engine~r; f~\ approval by the Public
Works Construction Engineer: prior to inspe ior;t.
~' -" 1 ~' r ".
\ \
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i I I t' II
I jl 1. t.
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'
uted by the above dev~l~pmeht's Engineer drl _

:. l.;:._\_t_-1_~--r-\_l.o______
' 1'
. 1
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..
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..
, ;,,.,
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., I,.'
(date)
I !'
I
I I -:~ :1

.. . , '/
!
.,
, . '_, Dan~ .. ~ _!' ijuth.~ .; P. E .
(Engineer bf R-ecord) .
624 ~ i '
(Florida P.E. Number)
( , I
Bridgetown at the Plantation Phase 3-9
Project Name: (Bathgate Ave)

Type of Utility Sewer x

Water
Reuse

Please list each element of the system . e.g . pipe, man holes. lift stations, meters. valves. fittings. etc.

PVC (SDR 26) 8" 987 LF $ 43.61 $ 43,043.07
PVC (SDR 26) 10" 54 LF $ 55.64 $ 3,004.56
Manhole 4' 5 EA $ 5,021 .80 $ 25,109.00
Master Manhole 4' 1 EA $ 7,979.36 $ 7,979.36
PVC (DR14) Force Main 4" 864 LF $ 16.00 $ 13,824.00
Lift Station 1 EA $ 148,039.00 $ 148,039.00
$ -
$ -
GRAND TOTAL: i 2401998.99
A TRUE AND ACCURATE REPRESENTATION OF THE AS-INSTALL ED COST OF THE SYSTEM BEING
Certify J yson Oreschnick, VP
Address: 5758 Taylor Road

Naples, FL 34109
State of Florida
County of Collier
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.
LINDA MAHON FF170638
Bridgetown at the Plantation - Phase 3-9
Project Name: (Bathgate Ave) --:s.-1'1


Water x
Reuse

Please list each element of the system . e.g. pipe. man holes. lift stations. meters. valves. fittings. etc.

PVC (C900, DR18) 8" 1,718 LF $ 19.73 $ 33,896.14
D.I.P. (Cl150) 8" 247 LF $ 33.72 $ 8,328.84
N/A 2 EA
Gate Valve $ 3,558.66 $ 7,117.32
Gate Valve 8" 10 EA $ 1,557.90 $ 15,579 .00
Single Service 3/4" 1 EA $ 462.70 $ 462 .70
GRAND TOTAL: ~ 652384.00

CONTRIBUTED TO THE CITY OF FORT MYERS AND CORRESPONDS WITH THE RECORD DRAW INGS.
Address: 5758 Taylor Road

Naples, FL 34109
State of Florida
County of Collier
THE FOREGOING STATEMENT WAS SIGNED AND ACKNOWLEDGED BEFORE ME THIS 2ND DAY OF DECE MBER, 2015
BY JAYSO N ORESCHNICK W HO IS PERSONALLY KNOW N AND WHO D ID NOT TAKE AN OATH.
Linda Mahon FF 170638
lf>.I
:rnt.~
uNoA MAHoN
{~(. ~.J
~
'-: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
Ms. Dawn Fellows

City of Fort Myers
2200 Second Street
Fort Myers, Fl.. 33902
Bridgetown at the Plantation- Phase 3-9 (Bathgate Ave)

SIT2006-00370
Dear Dawn:
Attached please find (I) copy of signed and sealed record drawings, one CD (containing the record
contributory assets, contractor's warranty, contractor' s waiver of lien, a letter of substantial
Very truly yours,
Tyler M. Sharpe, E.l.
Attachments
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

PART I -INSTRUCTIONS
( 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.
project for use.

(I) Collection/Transmission System Permittee
Name Mike Huenikcn Title Land Development Manager
Company Name Centex Homes
Address ----------------------------------------------------------------------
24311 Walden Center Dr., Ste. 300
~-=-----

Project Name Bridgetown at the Plantation - Phase 3 Bathgate Avenue (remaining portion)
Construction Permit No. 47312-510-DWC/CG Dated 12-03-14
Is the entire project included under the collection/transmission system permit substantially comp-let-e?--.[8)--Y-es_O_N_o_ _ __
(If approval is being requested to place a portion ofthe project into operation, attach a copy of the site plan or sketch that was
being requested.)
manholes and total numberofpump stations)
Expected Date of Connection to Existing System or Treatment Plant September 2015
(3) Treatment Plant Serving Collection/Transmission System

County --------------------------------------------------
Lee
DEP permit number
-------------------------------- City
FL 0021270
Fort Myers
Expiration Date 05- 19-2016
-----------------------------
Digitally
DatB
By
e Itr __sig~Jly_
Beltran M
--.. .....A.Jb~:
~.y~.QM
- 10:39:29 -04'00'
DEP Fonn 62.{.()4.JOO(I)(b) Page I of3
ElftaiY< Novornbor 6.lOOJ
Hofthcaa 0.riel C:.C.al~ SoWr.w..t Oil"~ SotihDuN .......,.,....,..
lll)~tiJ lli9~8NL.SU~~~~r1Jl Jaw c..., '-1mDrT... llt:S Vil:wria Aw.. SW "-4 N.c-,a.Aw
"""B->00 P.O. Bc.ISW
P-FiorioloJlJOIl794 .W:...olllc, n..a. Ul!O-mo Orloodo.flori4o l28ll-3'167 Tllfll.,f'bi,MJJ619-Illl Fort Mrm. 1\oNk llWI .... ,..a-.,~).)4"
9CW...w.4-IJOO 900 .am1100 >1-G47llS Ill""" Ill) IIJ.m4m J61411-"'0
PAGE 02/84
LCHD ENV ENG
09/14/ 2015 09:41 2392742281
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
Dana l. Hu.me, P.E.

Johnson Engineering
P.O. Bo:x 1550
Fort My:!FS, FL 33902a1550
Reference: Bridgetown at the Plantation- Phase 3 Bathgate Avenue (remaining portion)

Pennit No.= 0125191-537 OSGP
Oty of Fort Myers Utilities
Bacteriological Test: August 4 & 5, 2015
Pressure Test May 13, 2015
Complete Oea.rance
Dear Mr. Hume:
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.
Florida Department of Health Lee County
cc: Saeed I<azemi, P.E., CFM

Michael Hueniken, Ql
Florida De..-nment of ......h .... County

Environmental E09.ineering
60 Danley Orlve. Unit 1, Fort Myers. FL 33907
PHONE: 2391274-r.!OO FAX: 23912742201
WARRANTY

in material and workmanship for a period of one (1) year from the date of acceptance by

Jayson Oreschnick. Vice President

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~
UNDAMAHON
MY COMMISSION t FF 170638
EXPIRES: February 21 , 2019
Bonded Thru Notry Public Underwrilers
Linda Mahon (Notary Seal & Commission Number)

Printed Name of Notary Public
UPON FINAL PAYMENT
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:

(Name of Development/Project) (Facilities Constructed)
Plantation Garden Dr. & Kingsbridge Blvd Multiple Straps. 12-45S-25E

Dated o n: December 2 .20 15
B Haleakala Construction. Inc.

(Name of Firm or Corporation)
Jayson Oreschnick - -=-----------,---- 5758 Taylor Rd. # 104

(Print Name of Authorized Representati ve) (Address of Firm o r Corporation)
Title Vice President Naples. FL 34109

(City. State. Zip of Firm or Corporation)
Phone#: (239 )598- 1968 Ext
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
Sou rce: Ci ty of Fort Myers
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

WARD: Revised: (Date & Time)
[ZI Regular 0 Special 0 Workshop --
Qu~si-Judicial 0 Yes [ZI No
0Proclamations [gjConsent DPublic Deity Council DPermission DCity D eity
Consideration
MOTION: Approve acceptance and MANAGEMENT RECOMMENDATION:
maintenance of potable water and sanitary Approve
sewer utilities for Arborwood Preserve Phase 1
Subdivision at 12005 Commerce Lakes Drive,
from WCI Communities, LLC.
FUNDING SOURCE: N/A
FISCAL IMPACT: Contributory Assets: Sewer $1,703,869.44 and Water: $955,483.51
WHAT ACTION ACCOMPLISHES: Transfers ownership of potable water and sanitary sewer
assets, locate d at 12005 Commerce Lakes Drive from WCI Communities, LLC.
BACKGROUND INFORMATION: Arborwood Preserve Phase 1 Subdivision, 12005 Commerce

Lakes Drive, was subdivided into multiple phases by WCI Communities, LLC, the developer.
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.
Continued to Next Page 0 Yes [ZI No

Person Initiating Request: Richard Moulton , MBA Department: Public Works
Nicole Monahan, P.E ., William Porter Division: Engineering
COUNCIL ACTION
Oath: 0
)
~ g
Cil)'o(l'otm_, PROJECT CLOSEOUT CHECKLIST
PROJECT NAME/ ADDRESS:~A...!~::::::!:!~~~,:oec~~)~BJ~~~==-..J\L_ _________

SITEWORK PERMIT: ~,-\: ;) Dl '5 .. DOD S t DATE RECEIVED:
"
Plans Examiner:"t)\ l\ R~ Inspector: S}o~ ffi~ ~~~ J)
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
~ 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)
2. OWNERSHIP OF ROADWAY AND SIDEWALKS QRlvATE!)? (C)

OWNERSHIP OF UTIUTES (1'IJI:lOD PRIVATELY (C)
OWNERSHIP OF STREET U GHTS PU'EiiJC ~~ti? (C)
OWNERSHIP IF DRAINAGE PUBUC (C)
3. CERTIFICATION OF CONTRIBUTORY ASSETS ---'-(L._

=-a.::...'. .cJ
c:'--_ _ _ _ _ _,(GC)
4. ARCHITECT/ENGI NEERS/SURVEYORS CERTIFICATION THAT PROJECT
s. SFWMD PERMIT**#${. ""01..\caS -...:,.-. ~ 0.'coNSTRUmON

~~ 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)
,
7. FDEP ~PERMIT**# LETTER FROM FDEP

APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: _ _ _ _ _N/A._ _ __ _ _(AE)
.-u:l s~ ... ~P 0
8. HRS WA!m PERMIT **fll> l z~ n \ .... LETTER FROM HRS
APPROVING THE SYSTEM FOR PLACEMENT INTO SERVICE: .....:.::r.:--="'"""=a=-~z_o_&to=--_ __ _ _(AE)
9. FDOT/LCDOT HIGHWAY/DRIVEWAY PERMIT** :,_ _ _ _ _ __ _ __;_

M-/_L_
..t-_ __ _ _ _,(AE)
10. CITY VALVE SHEET FORMS DEUVERED TO ENGINEERING: ~

:::___
?,c)
--=(Z=..J.-C.::.=......:' _ ___
11. OTY ACCEPTANCE OF TV TAPES OF SEWER SYSTEM: \L..c...'}..

-=----=:;.. ~ e u~
C'_ __ __ _n ~C)
12. CONTRACTORS ONE YEAR WARRANTY- MATERIALS & LABOR: ~c.'c9 o(GC)
13. CONTRACTORS FINAL RELEASE OF LEIN: \U..c:-\ c!> r;()(GC)

14. SUBCONTRACTORS & SUPPLIERS FINAL RELEASE OF LEIN: _ --,---t4.fk
:_______(AE)
lli. RECEIPT OF $5,000 ESCROW DEPOSIT FOR PUMP STATION TELEMETRY .,b""'--""''_
J _ _ _ _ _ _(C)
16. PUMP STATION INFO: ADDRESS, PUMPS, CAPACITIES, MOTORS, ETC. ..
~~ ~ R~) EJUc).
SERVICES:
_ _ _ _ _ _ _ _ _ __ _ .(GC)
WATER: ADDRESS: - -- - - - - - - - -- - -
ACCOUNT NUMBER:_ _ _ _ _ _ _ _ _ _ __
ELECTRIC: ADDRESS:._ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _(,GC)

ACCOUNT NUMBER:_ _ __ _ __ __ _ __
18. INSPECTOR'S ACCEPTANCE OF PUNCH UST WORK: ~JvtV ;c/J, J&(GC)

19. ACCEPTANCE OF PREUMINARY PLAT (SUBDIVISIONS ONLY): i2a.c\d) ~~ Q (AE)
20. ACCEPTANCE OF RECORDED EASEMENTS i...c,_'c) ~~ 0 (AE)
21. RETURN OF CITY FIRE HYDRANT METER, IF APPUCABLE f'l:lIt

(CHECK WITH UTILITIES DEPARTMENT) : -----'-~-------(C)
22. * * PERMANENT METER: SIZE: SERIAL#:_ _ _ -FAI+/_,J_,~<t-------(C)
sizE: sERIAL#: 1v r cc>
23. WALK THROUGH BY PUBUC WORKS CENTER INSPECTOR. ~ / O_t.,f;(, (C)
24. SIGN OFF BY STORMWATER DIVISION W~ \\ \Jol A\ k_ e ~ (C)
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
SHALL BE ATIACHED
NOTE: ALL THE ABOVE IS TO BE COLLECTED BY THE PERMffiED CONTRACTOR AND/OR OWNER
INSPECTOR: APPROVED ~PPROVED DATE: SIGNATUR~

PLAN REVIEWER: APPROVED V DISAPPROVED DATE:1;'l1 SIGNATURE:...Lfh~'c/~P..__ __
GIS: APPROVED_k_DISAPPROVED~~DATE:~V$IGNATURE~
.....-=->~I------
/:J/13(i// ~
--
PROJECT: --lrrCinie!r'-----
'
cttv Pc'jltns
21P age Appe ndi x E
PROJECT NAME
Arborwood Preserve Phase 1
LOCATION:
PLANTATION GARDEN DRIVE, STRAP: 12-45-25-P3-3300R.01CE
(including strap#)
NAME AND ADDRESS OF OWNERSHIP:

WCI Communities, llC
24301 Walden Center Drive, Bonita Springs, FL, 34134
(as shown on Deed}
TYPE UTILITY SYSTEM: STORM SEWER

--------------------------------------------------------
X WATER
--------------------------------------------------------
SEWER
-----------------------------------------------

Please list each element of the svstem. e.g. pfpe. man holes. lift statlons. meters, valves. fittings. etc.
DESCRIPTION QUANTITY UNIT COST TOTAL

4 PVC Water Main (C-900, DR 14, PC150 46 LF $12.53 $576.38
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
10" PVC Water Main (C-900, DR 18, PC150) 1,974 LF $32.30 $63,760.20
4" Gate Valve w/Box 2 EA $994.65 $1,989.30
6" Gate Valve w/Box 4 EA $1,271.75 $5,087.00
Air Release Valve 1 EA $2,233.37 $2,233.37
Blow Off Valve 6 EA $2,013.00 $12,078.00
Fire Hydrant Assembly w/Valve 44 EA $4,642.92 $204, 288.48
Connect to Existing Water Main with 16"x10" R 1 EA $3,851.10 $3,851.10
1 of 2
1" Single Water Service 227 EA $854.33 $193,932 .91
2" Single Water Service 34 EA $1,424.50 $48,433.00
2" Fire Service 18 EA $7,155.50 $128,799.00
Temporary Blow Off Valve 2 EA $2,013.00 $4,026.00
GRAND TOTAL: $955,483.51

-----'----
I DO HEREBY CERTIFY THAT THE QUANTITY OF MATERIAL AND SERVICES DESCRIBED ABOVE ARE A TRUE AND ACCURATE
REPRESENTATION OF THE AS-INSTALLED COST OF THE SYSTEM BEING CONTRIBUTED TO THE GATEWAY SERVICES DISTRICT AND
CORRESPONDS WITH THE RECORD DRAWINGS.
Haleakala Construction, Inc.
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 ~

PRINTED NAME OF NOTARY PUBLIC
2 of 2
PROJECT NAME
Arborwood Preserve Phase 1
LOCATION :
PLANTATION GARDEN DRIVE, STRAP: 12-45-25-P3-3300R.01CE
(including strap#}
NAME AND ADDRESS OF OWNERSHIP:

WCI Communities, LLC
24301 Walden Center Drive, Bonita Springs, FL, 34134
(as shown on Deed)
TYPE UTILITY SYSTEM :

--------------------- STORM SEWER
WATER
---------------------
X SEWER
---------------------
Please list each element of the system, e.g. pipe, man holes, lift stations, meters, valves, fittings, etc.
1 of 3
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
4' Diameter Manhole (0'-6' cut) 21 EA $5,098.50 $107,068.50
4' Diameter Manhole (6'-8' cut) 3 EA $5,698.99 $17,096.97
4' Diameter Manhole (8'-1 0' cut) 20 EA $6,576.81 $131,536.20
4' Diameter Manhole ( I 0'-12' cut) II EA $8,545.88 $94,004.68
4' Diameter Manhole ( 12'-14' cut) 9 EA $9,712.10 $87,408.90
4' Diameter Manhole ( 14'-1 6' cut) 4 EA $ 10,596.92 $42,387.68
4' Diameter Manhole ( 16'-18' cut) 2 EA $11,937.86 $23,875.72
6' Diameter Master Manhole ( 16'- 18' cut) 1 EA $16,740.46 $16,740.46
Drop Manho le Connection 4 EA $3,949.00 $15,796.00
Single Sewer Lateral 258 EA $901.25 $232,522.50
Lift Station (20' Deep Wet Well) & Generator 1 EA $194,968.77 $194,968.77
8" PVC Force Main (PR 18) 1,269 LF $26.95 $34,199.55
8" PVC Force Main (DRI4) 213 LF $29.28 $6,236.64
8" Plug Valve 1 EA $2,370.92 $2,370.92
Air Release Valve 3 EA $5,235.65 $15,706.95

Lonnect to t.x1stmg t orce JVIam wnn
12"x8"reducer 1 EA $3,720.11 $3,720.11
GRAND TOTAL: $1,703,869.44
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
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
PRINTED NAME OF NOTARY PUBLIC
3 of 3
_, ENGINEER I NG ' -
August 11, 2016
Ms. Dawn Miller

City of Fort Myers
2200 Second Street
Subject: Arborwood Phase I {SIT 2015-00087}

Project Closeout Submittal
Dear Ms. Miller:
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 .
1. Project Closeout Checklist;

2. Checklist item 1 -CD with Digital As-Built Files (PDF, CAD File, GIS Information & PDF' s of the below
documents);
3. Checklist Item 1- One set of signed and sealed Record Drawings;
4. Checklist item 3 -Certification of Contributory Assets;
5. Checklist item 4- Engineers Certification; (submitted under separate cover)
6. Checklist item 5- SFWMD Construction Completion Certification,
7. Checklist item 6- FDEP Sewer Permit No. 47312-521-DWC/CM,
8. Checklist Item 6 - Letter from FDEP approving the system for placement into service;
9. Checklist item 8- HRS Water Permit No. 0125191-549DSGP,
10. Checklist Item 8 - Letter from HRS approving the system for placement into service;
11. Checklist item 10- City Valve Sheet Forms
12. Checklist item 11- Sewer Videos and Reports
13. Checklist item 12- Contractors One Year Warranty- material & labor;
14. Checklist item 13- Contractors Final Release of Lien;
15. Checklist item 15 -$5,000 check for Escrow Deposit for Pump Station Telemetry;
16. Checklist item 16- Pump Station Start-Up Report
17. Checklist item 19/20- Recorded Arborwood Plat
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

(1) This fonn shall be completed and submitted to the appropriate DEP district office or delegated local program for all
project for use.
(3) All infonnation shall be typed or printed in ink, and all blanks must be filled.
PART TI - PROJECf DOCUMENTATION

(I) Collection/Transmission System Permittee
Name: Chris Bertram P.E. Title: Land Development Manager
Company Name: WCI Communities LLC
Address: 24301 Walden Center Drive
City: Bonita Springs State: .!.F..!:L'---- - - - Zip: 34134
Telephone: 239-498-8045 Fax: 239-498-8338 Email: ChrisBertram@wclcommunities.com
(2) General Project Infonnation

Project Name: Arborwood Phase I
Construction Permit No. 47312-521-DWC/CM Dated: ...:8~/5:!.!/2=.::0:...:.1:::-5~----=----::-;;;;;;::...-:-.=-------..,.---
Is the entire project included under the collection/transmission system pennit substantially complete?(&] Yes 0
No (If approval is
being requested to place a portion of the project into operation, attach a copy of the site plan or sketch that was submitted with the
application showing the portion of the project which is substantially complete and for which approval is being requested.)
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'----------------------------

Name of Treatment Plant Serving Project: City of Fort Myers South Wastewater Treatment Plant
Coumy: Lee City: .!.F~o~rt~M~y~e~rs~..,.--..,.--~-------------------------------------
DEP permit number: FL 0021270 Expiration Date:-------------------------------
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'
DEP Form 62~.300(8)(b) Page I of3

Etrectiv< No-we. 6, 2003
Ncr'C"""-tOulrid Nortt.-: OiWid C.CI"'I Oitlrid - DIOirla - DIIIIla

1110Gowrnnwu! c... eeoo~~w 331tMovJtoBiw 22D5 'tlc:toriAw ll Ncrih Cor90aA.o
Qlile~ &ii01DO &il0232 &Jie3&4 S"Floor
- .. Fl-~ ~~~ .. Fl""do322S&-7500 Otlrdo. Fiorido~7 r....,..r..._ AoridoS3811>11B F""M-Aoriclo3311Q2.2540 -!Wms.;,Fiotldo33001
~ CI04-25&-1100 17-57..100 11s.c71).5700 ~ 911-81n.eDO
Rick Scott
Mission: Governor
To protect, promote &improve the health
of all people in Florida through integrated
state, county & community efforts. Celeste Philip, MD, MPH
State Surgeon General
Vision: To be the Healthiest State in the Nation
June 30, 2016
Michael C. Pappas, P .E.

RWA, Inc.
4983 Royal Gulf Circle
Reference: Arborwood Preserve Phase I

Permit No.: 0125191-549-DSGP
City of Fort Myers
Pressure Tests: February 23, 2016, March 24, 2016, AprilS & 18, 2016 and May 10, 2016
Bacteriological Tests: June 15, 16 & 17. 2016
Complete Clearance
Dear Mr. Pappas:
completed in accordance with the plans and related materials approved by this department under the
Based on this certification, satisfactory pressure and bacteriological test results, we are clearing the
waterlines for service.
Sincerely,
Brian P. Bates, P.E.

Professional Engineer II
Florida Department of Health in Lee County
cc: Richard Moulton, CFM

Chris Bertram, P.E., WCI Communities, LLC
Florida Department of Health

In Lee County Environmental Engineering
60 South Danley Drive, Unit 1, Fort Myers, FL 33907
Accredited Health ~rtment
PHONE: 2391274-2200 FAX: 239/274-2201
Public Health Accreditation Board
http://lee.ftorldahealth.gov/
WARRANTY
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.

~ontractor/Company Name)

By:(S Cl~) a.....,j,ly..----

'gn~
STATE OF P'L-DR-1 DA
COUNTY OF LOU...-\ E:.R_
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- _ _
- - -- - - - and who did not take an oath.
~"-'<~
(Notary Seal & Commission Number)

UPON FINAL PAYMENT
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:
Arborwood Preserve Phase I Water and Wastewater

(Name of Property or Development) (Facilities Constructed)
Sections 12, Township 45 South. Range 25 East, 12-45-25-P3-3300R.O 1CE

Fort Myers, Florida (Strap# or Section, Township, Range)
(Location)
Dated on: August 2, 2016
Haleakala Construction, lnc.

epresentative) (Name of Firm or Corporation)
Jayson Oreschnick 5758 Taylor Rd

(Print Name of Authorized Representative)
Title Vice President Naples, Fl. 341 09

(City, State & Zip of Firm or Corp)
Phone #: ( 239) 598-1968 Ext. _ __
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- ____
_ _ _ _ _ _ and who did not take an oath.
~~K~
....
G
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t Lb Ll\th:
(}f
cf o,
~
0
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
Source: City of Fort Myers
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

Quasi-Judicial D Yes ~ No
DProclamations ~Consent 0Public 0City Council 0Permission 0City 0City
Consideration
MOTION: Approve Amen dment 2 to the City MANAGEMENT RECOMMENDATION:
of Fort Myers Employee Policies and Approve.
Procedures Manual, Section 3.12 Service
Awards and Employee Recognition Program
and Section 6 .09 Workplace Conduct.
FUNDING SOURCE: N/A
FISCAL IMPACT: N/A
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".
Continued to Next Page D Yes ~ No

Person Initiating Request: Ellen M. Clyatt Department: Human Resources
Division:
COUNCIL ACTION
Oath: 0
Policy: Service Awards and Employee Recognition Program No. 3.12
Effective: November 1, 2016
3.12a: Service Awards
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.
3.12b: Employee Recognition Program
The City Employee Recognition Program recognizes employees who demonstrate

significant contributions, outstanding accomplishments, and excellent customer service.
This program provides an incentive which is obtainable by all employees of the City for
recognition of exemplary performance that benefits the organization and/or community.
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.
The Employee Recognition Review Committee (ERRC) shall be comprised of a total of

twelve (12) ten (1 0) members, including one (1) employee representing each of the
following departments:
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.
Employees of the Quarter Program :
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:
1. Nominations shall be submitted to the nominee's Department Directors for the

initial review.
a. The Director shall review each nomination to determine if an award is

warranted based on the set criteria. The Director shall indicate their approval
by signing and forwarding the Employees of the Quarter Recognition form to
Human Resources.
2. The Director shall forward all nominations to Human Resources .
a. The Director of Human Resources shall review each nomination and

employee's performance rating and disciplinary action , if any, to ensure
eligibility criteria are met. The Director of Human Resources shall indicate their
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.
5. Copies of the recommendation letter and Certificate of Recognition shall be placed

in the employee's personnel file.
General Criteria :
All recipients must meet one of the following general criteria:
1. Exemplary Customer Service
a. The employee met unexpected customer needs in an exceptional manner.
2. Exceptional Achievement
a. The employee's accomplishments exceeded the normal

standards/expectations for the job. The employee's accomplishments resulted
in a special achievement of significant importance to the City.
3. Exceptional Leadership
a. The employee demonstrates exceptional leadership skills serving as a role

model for others by displaying desirable qualities/traits such as vision , integrity,
honesty, dedication, ethics, fairness, and assertiveness. This exceptional
leadership role has improved a work process or created a more efficient and/or
cost effective process in the operation.
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.
3. Copies of the recommendation letter and Certificate of Recognition shall be placed

in the employee's personnel file .
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
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 .
Employees are expected to conduct themselves in a positive manner in order to promote

the best interests of the City at all times. Appropriate employee conduct includes:
1. treating all citizens, visitors, and coworkers in a courteous manner

2. refraining from behavior or conduct that is offensive or undesirable or which is
contrary to the City's best interest
3. reporting suspicious, unethical or illegal conduct by coworkers, citizens or vendors
to management
4. cooperating with City Investigations
5. complying with all City safety and security regulations
6. wearing clothing appropriate for the work being performed
7. performing assigned tasks efficiently and in accordance with established quality
standards
8. reporting to work punctually as scheduled and being at the proper work station,
ready for work at the assigned starting time
9. giving proper advance notice whenever unable to work or report on time
10. smoking only at times and in places not prohibited by City rules or local ordinances
11 . maintaining cleanliness and order in the workplace and work areas
The following conduct is prohibited and individuals engaged in it will be subject to

discipline up to and including termination :
1. illegally possessing a firearm or other weapons on City property, in City facilities,

and on City work sites
2. fighting with or assaulting a coworker, citizen, or other visitor
3. bullying, threatening or intimidating coworkers, citizens, vendors or other guests
4. engaging in any form of sexual or other harassment
5. reporting to work under the influence of alcohol ; illegal drugs or narcotics or using ,
selling, dispensing or possessing alcohol or illegal drugs or narcotics on City
premises
6. falsifying or altering any City record or report, such as an application for
employment, a medical report, a production record , a time record , an expense
account or an absentee report
7. stealing, destroying, defacing or misusing City property or another employee's or
citizen's property
8. refusing to follow management's instructions concerning a job-related matter or
insubordination
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.
AGENDA 13

(g]Regular 0 Special 0 Workshop --
Quasi-Judicial D Yes (gJ No
0Proclamations [8Jconsent 0Public 0City Council 0Permission 0City 0City
Consideration
MOTION: Approve Wor k Experience Worksite MANAGEMENT RECOMMENDATION:
Agreement with Southwest Florida Workforce Approve.
Development Board, Inc. effective July 1,
2017, through June 30, 2018.
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.
Continued to Next Page 0 Yes (gJ No

Person Initiating Request: Ellen Clyatt Department: Human Resources
Division: Human Resources
COUNCIL ACTION
Oath: 0
:.
~
~ 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.
3. Work Experience Period and Limitations

Participants may work up to 40 hours/week. Participant(s) may work for no longer than 320 hrs. or 8 weeks
or until this Agreement's end date, whichever occurs first. Note: Any hours worked in excess of forty
hours per work week (Sunday- Satur~ay) may result in termination of this agreement.
4. Summer Employment Period and Limitations

Participants may work up to 30 hours/week. Participant(s) may work for no longer than 180 hrs. or 6 weeks
or until this Agreement's end date, whichever occurs first. Note: Summer Employment is for In-School
Youth participants ONLY. Any hours worked in excess of forty hours per work week (Sunday-
Saturday) may result in termination of this agreement.
5. Job Shadow Period and Limitation

Participants may participate up to 4 hours in this unpaid hands-off activity per occupation for a total of 12
hours. The purpose of this activity is to spend their time in a one-on-one environment observing daily
activities and asking questions about the job and industry.
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.
WIOA Work Experience Worksite Agreement 1 of 4

Revised: December 8, 201 6
H. Notify SFWDB immediately of any temporary and/or ongoing changes in the designation of personnel
who will be supervising the participant(s).
I. Be accountable for maintaining SFWDB participant time sheets, supervising the proper completion of
time sheets by each participant, approving participant time sheets if all the prior requirements are
met, and submitting these "timesheets" in a timely manner in accordance with SFWDB payroll
procedures.
J. Require participants' conformance with the Agency's Personnel Rules of Conduct such as dress
code, parking , etc.
K. Ensure that all sites where participants will be assigned are sanitary and safe environments in
accordance with health and safety standards established by State and Federal law.
L. Ensure that all required safety supplies and equipment are used in the proper manner for the
intended use and in accordance with all laws, including child labor laws where applicable.
M. Conform to normal routines and functions befitting a reasonable business establishment, including,
but not limited to, appropriate supervision on the premises at all times, displaying positive work
habits, maintaining safe working conditions, and appropriate attire.
N. Inform SFWDB immediately should an accident or injury occur at the job site affecting or involving a
participant and require the participant to complete a first report of injury form .
0 . Notify SFWDB by telephone of any problem or concern regarding a participant's performance at a
work site as soon as possible, but at least within 24 clock hours of when the problem is identified.
P. Not discriminate against any participant or potential participant because of race, color, rel igion , sex,
national origin, age, disability, political affiliation or belief, creed or marital status.
Q. Ensure that participants receive fair and impartial treatment and that participants shall not be
subjected to harassment of any type or form.
R. Ensure that the following general working conditions are complied with:
a. This work experience position(s) shall result in an increase in the Agency's level of
employment and in no circumstances shall it result in the displacement of current employees
or the freezing of the hiring of new employees in anticipation of this work experience
participant;
b. There shall be no displacement or partial displacement (reduction of hours worked, wages or
employment benefits) of currently employed workers nor replacement of laid-off workers by
the work experience participant(s) ;
c . There shall be no infringement of promotional opportunities for regular employees; and
d. Participants shall receive comparable working conditions and non-payroll benefits such as
rest breaks, lunch, etc. as other current employees;
S. Ensure that the participants will not be employed at a casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool and ensure that participants will not be employed in the
building, operating , or maintaining of any part of any building which is used for sectarian instruction or
as a place of worship.
T. Ensure that this agreement will not impair existing contracts for services or a collective bargaining
agreement between the Agency and other parties, nor will th is agreement assist, promote or deter
union organization.
U. Ensure that a work experience participant under this agreement will not assist with political or
lobbying activities or any activity designed to influence legislation or appropriation pend ing before the
Congress of the United States.
V. Not subcontract, assign or transfer any rights or responsibilities under this agreement or any portion
thereof without the prior written approval of SFWDB.
W. Implement administrative controls to ensure that costs for wages and other costs that the SFWDB is
responsible for paying are not being paid by other federal , state, or local programs to eliminate the
possibility of a duplication of funding.
X. Maintain all records and files pertaining to the operation of this Agreement and any amendment
hereto for three (3) years following expiration of this Agreement. Records and f iles shall include, but
not be limited to, time and attendance sheets, supervisor assignments, this Agreement, etc.
Y. Monitor to ensure that all participants at all work sites are only performing work activities as identified
in the job description attached hereto and that the Agency is complying with this Agreement. The
Agency shall notify SFWDB of any changes to the required work hours, job description, and/or if the
work has been completed and the job needs to end.

Revised: December 8 , 2016
'.
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.
9. Changes to the Agreement

This agreement may be modified or amended as necessary by the issuance of a written modification, signed
and dated by both parties.
10. Termination
This Agreement may be terminated as follows:

Revised : December 8, 2016
A. SFWDB or the Agency may terminate the Agreement for convenience upon thirty- (30) calendar day
prior written notice to the other party.
B. SFWDB may terminate this Agreement in whole or in part at any time that the SFWDB Staff, in
his/her sole judgment, determines that:
a. The Agency has failed to comply with any of the provisions contained in th is Agreement or
any modification hereto;
b. The Agency fails to perform in whole or in part under this Agreement or fa ils to take corrective
action after receiving oral or written requests to do so within an appropriate time period as
may be stipulated by SFWDB; or
c. The United States Department of Labor or State of Florida fails to provide adequate funds ,
reduces, eliminates or otherwise terminates the program under which this Agreement is
written.
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.
12. Controlling Laws

This agreement and the provisions contained herein shall be construed, controlled and interpreted according
to the laws of the State of Florida.
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 Name Print Name
Youth Workforce Mentor
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
WIOA Work Experience W orksite Agreement

4 of 4
Revised: December 8. 2016
AGENDA 14

WARD: 1 Revised: (Date & Time)
[8] Regular 0 Special 0 Worksh op --
Quasi-Judicial 0 Yes [8] No
0Proclamations 0Consent 0 Public [8JCity Council 0Permission 0City Deity
Consideration
MOTION: To be deter mined by City Council. MANAGEMENT RECOMMENDATION:
Discuss possible purchase of property for sale
at 2406-2420 Cor tez Boulevard for City use as
a new street right-of-way, new storm water
retention, and new police sub-station.
FUNDING SOURCE: To be determined
FISCAL IMPACT: To be determined
WHAT ACTION ACCOMPLISHES: Discusses possible purchase of property for sale at

2406-2420 Cortez Boulevard for City use as a new street right-of-way, new storm water
retention and new police sub-station.
BACKGROUND INFORMATION: See attached:
A. Aerial view of site and location

B . Existing 2017 photo and h istoric photo from 1927
c. Historic photo taken from Cleveland Avenue
D. City of Fort Myers proposed new Edison Avenue road alignment
E. City of Fort Myers police d istricts
F. Concept drawings of future Site Plan
G. Petition/ Signatures from Edison Park residents
H. Support letter from Edison Ford Winter Estates
Continued to Next Page 0 Yes [8] No

Person Initiating Request: Michael Flanders Department: City Council, Ward 4
Division:
COUNCIL ACTION
Oath: D
AGENDA 15
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
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
FUNDING SOURCE: N/A
FISCAL IMPACT: NjA
WHAT ACTION ACCOMPLISHES: Fills an at large vacancy and residential home builder
representative position on the Local Affordable Housing Advisory Committee.
BACKGROUND INFORMATION: Qualifications for Local Affordable Housing Advisory

Committee: Each member shall be a resident, employed, or own property within the city. The
committee shall include one member from each of the following:
1. Residential home building industry in connection with affordable housing
2 . Banking or mortgage banking industry in connection with affordable housing
3. Representative of those areas of labor actively engaged in home building in connection with
affordable housing
4. Advocate for low-income person s in connection with affordable housing
5 . For-profit provider of affor dable h ousing
6. Not-for-profit provider of affordable housing
7 . Real estate professional in connection with affordable housing
8. Serves on the local planning agency pursuant to Florida Statute, Section 163.3174
9. Resides within the jurisdiction of the local governing body making the appointments
10. Represents employers within the jurisdiction
11. Represents essential services personnel, as defined in the local housing assistance plan
Nominated Name No. of Meetings Term(s) Served: One
by Meetings Attended
At Large Eileen Kelly 8 7 May 19, 2014- May 18, 2017
Gabou rel
The board shall consist of eleven members. Members shall serve for a term of three years.
Continued to Next Page D Yes 1'8] No

Person Initiating Request: Saeed Kazemi, P.E . Department: City Manager
Division:
COUNCIL ACTION
Oath: 0
I
7~ ~ o6- ?tnt ~_:.::_~~SOFFICE
RECEIVED
MAR 1 0 2017
Application for Appointment to Board or Committee

(if}' of 1'41/rm
NAME OF BOARD OR COMMITTEE:
Name
--MR.~MS.
Q btJ I!eL
LAST
e: //(e_l--=----
FIRST
l.
Residence A ddress: I L/12. - 2- '?o (( K_ _')ho re_ (l- r

STREET APT.# C ITY ZIP CODE
Wa.d No. C'ity R<'ide~ Own Business in C'ity 0 Wo'k In City 0 Own Pmperty in City 0
U.S. Citizen 0 Resident Al ien 0
Social Securi ty Number: . Home Phone N umberl39' -f[;J-3~6 :3 Cellu lar N umber:
E-Mai l Add<ess (i;Z;e8/(J]-,t,5Di102_ (i2_ !1Jt!.!jf .ta1ltt

CJ Y/_____ ___
Date of Birth: k f --54 Specify the preferred mai ling address: Business 0 Residence ~
r,esent Lm~ ,Mo

Job Title: ~ ~ Phone Number: 239-CJ3/; ~/ 3 2.0
Bus iness Address: UJ
STREET C ITY
SJ-e /rJz 1 fJ146
STATE~
;;i_ 33161
Z IP CODE
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)
Revised 12' 21 ;20 I 0

Pagc l of3
. AGENDA 16

Rev ised:
[g) Regular 0 Special 0 Workshop --
Quasi-Judicial 0 Yes [g) No
0Proclamations 0Consent 0Public ~City Council 0Permission 0City D eity
Consideration
MOTION: Approve reappointment of J ohn A. MANAGEMENT RECOMMENDATION:
Noland, Esquire, as Resident Trustee to the Approve.
Police Officers' Retirement System Board of
Trustees, term effective April 16, 2017,
through April 15, 2019.
FUNDING SOURCE: NJA
FISCAL IMPACT: NJA
WHAT ACTION ACCOMPLISHES: Reappoints a Resident Trustee to the Police Officers'

Retirement System Board of Trustees.
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.
Continued to Next Page 0 Yes [g) No

Person Initiating Request: Lieutenant William Department: Police Pension Board
Newhouse Division:
COUNCIL ACTION
Oath: 0
I AGENDA 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
Consideration
Announce citizen advisory board vacancies.
FUNDING SOURCE: N/A
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:
Beautification Advisory Board Ward 3 1 regular

Ward 5 1 regular
Mayor 1 alternate
Bicycle and Pedestrian Advisory Board Ward6 1 regular
Board of Adjustments Ward 3 1 regular
Brownfields Advisory Board Mayor 2 alternates

Ward 1 1 regular
Ward3 1 regular
WardS 1 regular
Citizens Police Review Board Mayor 1 regular

Ward 3 1 regular
Ward 4 1 regular
Code En forcement Board Mayor 1 regular

Mayor 1 alternate
Ward 3 1 regular
Ward6 1 regular
Continued to Next Page [8] Yes 0 No

Person Initiating Request: Mayor a n d City Cou ncil Department: Mayor and City Council
Division:
COUNCIL ACTION
Public Hearing Removed from Consent By: Item Continued To: Public Hearing Opened: 0
Continued To: Public Hearing Closed: 0
Oath: 0
Backgroun d Information - Continued
Agenda Item No. 17
R evised (Date & Time):
Motion: No action required.
Economic Development Advisory Board Mayor 1 alternate

Ward 3 1 regular
Fort Myers/Lee County Enterprise Zone At large 3 at large
Fort Myers Teen Advisory Council Ward 3 1 regular

Ward 5 1 regular
Historic Preservation Commission Mayor 1 regula r
Ward 3 1 regular
Local Affordable Housing Advisory Ward 3 1 regular

Committee At large 1 at large
Nuisance Abatement Board Mayor 1 regular

Mayor 1 a lternate
Ward 3 1 regular
Ward 5 1 regular
Special Even ts Advisory Board Mayor 1 regular
Mayor 1 alternate
Ward 3 1 regular
S.T.A.R.S. Management Advisory Board Mayor 1 alternate

Ward 3 1 regular
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
BEAUTIFICATION ADVISORY BOARD ECONOMIC DEVELOPMENT NUISANCE ABATEMENT BOARD

Mayor Pat Grulke 01 /19/20 ADVISORY BOARD Mayor
W1 Margie Willis 09/30/19 Mayor John Kakatsch 09/14/ 17 W 1 Dillon W iley 09/03/18
W2 Michael K. Willis 01 /21/19 W1 Orie Lee Ford 10/19/ 17 W2 Mildred Bryson 10/05/17
W3 W2 Roy Kennix 01/16/20 W3
W4 L. D . Bochette 09/30/ 17 W3 W4 Russell Schro pp 07/ 15/18
W5 W4 Joy Milliman 09/07/ 18 W5
W6 Pattie Robinson 07/31 /1 9 W5 Kenneth Pariser 01 /03119 W 6 Rocco Cavallo 06/14/18
Alt W6 Margery Metzler 12/06/18 AIt Justin Stockman 02103/19
Alt Patrick Crump 04/05/18 Alt Alt
Al t Dennis Landfried 05/15/ 19
BICYCLE AND PEDESTRIAN PLANNING BOARD
ADVISORY BOARD Mayor Laura Herrero 12106/18
FORT MYERS/LEE COUNTY ENTERPRISE
Mayor Jennifer Dorning 11/06/ 19 W1 M . Anne Dalton 09130/17
ZONE BOARD OF COMMISSIONERS
W1 Ryan Bell 11/0 5117 W 2 Charles T. Timmons 01 /02/20
W2 Ann Pierce 06/05/17 AtLge W3 Orie Lee Ford 02/ 16/18
W3 Vivianne Thomas 09/06/19 AtLge Rick Evanchyk 09/02/17 W 4 Stephanie Keyes 08/ 17/17
W4 Andrew Fitzgerald 02115119 AtLge Michael Titmuss 10/02/ 18 W 5 W illiam Keene 10/05/18
W5 Daniel Craig 09/15119 AtLge W6 James Ink 09130/ 18
W6 AtLge Atlge Justin Stockman 06/1 7/ 18
AIt Michael Holm 05/18117 Atlge Derrick Isaac 05130/18
AIt Michael A . Owen 02/05/20 FORT MYERS TEEN Atlge Gregg Fous 11/06/ 19
ADVISORY COUNCIL AtLge Nathan Shaw 03/02/20
BOARD OF ADJUSTMENTS Mayor Jayna Tobler 11/02/18
Mayor Elizabeth Kagan 09/30/ 17 W1 Melissa Baskin 09/07/17 PUBLIC ART COMMITIEE
W1 Solomon Mitchell, Jr. 03/ 14/ 18 W2 Angel Escobar 04/ 19/18 Mayor Ava Roeder 09/30/ 18
W2 Thomas W . Mclean 05131 / 19 W3 W1 Bettye Middlebrooks 07/19/ 18
W3 W4 Jesenia Tobler 07117118 W2 David Meo 10/05/ 18
W4 Roger L. Smith 09/30/17 W5 W3 Betty Adams 05/03/ 18
W5 Andrew Fitzgerald 01 / 18/19 W6 Kaitlyn Salyer 04/05/17 W 4 Robert Sanford 09/30/ 17
W6 Steven Weisberg 02/05120 W5 Sharon McAllister 09130/ 19
Alt Marvin J. Burges 08116/18 GENERAL EMPLOYEES PENSION W 6 Jared Beck 10/04/ 18
AIt Blake Bartholomew 08101 /18 PLAN BOARD OF TRUSTEES AIt Carolyn Gora 01 /02/ 18
At Lge I Dennis Pearlman I 03131 /18 Alt Patricia Collins 01/02/ 18
BROWN FIELDS ADVISORY BOARD
Mayor Roxanne Gause 10/18/18 HISTORIC PRESERVATION SPECIAL EVENTS ADVISORY BOARD
W1 COMMISSION Mayor
W2 Patricia Sala 09/ 18119 Mayor (EP) W1 Minnie Jackson 05119/ 19
W3 W1 John Podczerwinsky 09/30/17 W2 Harriet Myers 09/15119
W4 Joy Milliman 09/07/18 W2 Bradley McGrath (OP) 10/05117 W3
W5 W3 (SP ) W4 Candice Zizilas 02115/19
W6 John Hose 10/04/18 W4 Kevin Williams (OT) 11/02119 W5 Carolyn Gora 08/04/19
Alt W5 Mary Jo Walker 02117/20 W6 Barbara Vinson 10/20/17
Alt W6 Mary Regina Sabiston 09/30/18 Alt Timothy R ister 07/ 19/ 18
Alt John Joseph McKenzie 01 /02120 Alt
CITIZENS POLICE REVIEW BOARD Alt Cart Barraco. Jr. 02103/19
Mayor S.T.A.R.S. MANAGEMENT
W1 Luther Young 07/19/18 HOUSING AUTHORITY OF ADVISORY BOARD
W2 Erma J. Boyd-Dorsey 01/04/18 THE CITY OF FORT MYERS Mayor Tracy McMillion 06/ 17/18
W3 Mayor Israel Suarez 06/03118 W1 Corris Mcintosh 05101 /19
W4 Mayor Joseph D'Aiessandro 03/05118 W2 Dr. Jesse Bryson 09/ 18119
W5 Robert Wesley Votaw 07/ 19/19 Mayor Douglas Hogg 03/06/20 W3
W6 J. Blair Sanders 08/04119 Mayor Peter Routsis-Arroyo 03/05/ 18 W4 Neale Montgomery 09/30/19
Atlge Jeanne Blackman 07/18/18 Mayor Mattie S. Young 10/18/17 W5 Constance Davis 02/ 15/19
AtLge Daniel Bevarly 11/06/17 Mayor Bruce Strayhorn 10/18/17 W6 Cindy Butler 10/05117
Mayor Lemuel Teal 06/05/1 8 A It
CODE ENFORCEMENT BOARD AIt Martin Byrd 01 / 18119
Mayor LOCAL AFFORDABLE HOUSING
W1 Otto Parisho 10/03/19 ADVISORY COMMITIEE
W2 William Bailey 10/05/18 Mayor Dawn Huff 02116/ 18
W3 W1 Gayla K.-Y. Scott 08/14/19
W4 David Krupick 10/05119 W2 Carfetha Griffin 06/15/ 17
W5 Edward Howell 09/30/ 17 W3
W6 W4 Melvin Perry 06/15/ 19
AIt Pieter J. Cornet 10/06119 W5 James M. Ink 06/17118 Vacancies
Alt W6 Charles Wood 05/01 / 19 113 Appointments Approved
AtLge Shayne Richardson 11/04/ 18 ____E_ Vacancies Remaining
At Lge E. Kelly Campbell 05/18/20 150 Total Board Members
AtLge Joanne Show 09/07/ 18
At Lge Legend
DP Dean Park Historic District
F1 Financial Disclosure required DT Downtown Historic District
EP Edison Park Historic District
..CRA Advisory Board not appointed by SP Seminole Park H istoric District
City Council
AGENDA 18
MEETING DATE: April3, 2017 AGENDA ITEM NO. 18

WARD:2 Revised: (Date & Time)
(8] Regular D Special D Workshop --
Quasi-Judicial 0 Yes (8] No
DProclamations Dconsent DPublic Deity Council [8J Permission DCity Deity
Consideration
MOTION: Accept proposal, in the amount of MANAGEMENT RECOMMENDATION: Accept
$13,363, from Samuel L. Lurie TR for proposal and grant permission to advertise.
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 Lu ther Kin g, Jr.
Community Redevelopment Ar ea, p u rsuant to
Flor ida Statute 163.380.
And
Grant permission to advertise, for a public
hearing to be held 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 Com mercial Intensive in
t h e Dr. Martin Luther Kin g, J r . 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 .
FUNDING SOURCE: N/A
FISCAL IMPACT: N/A
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.
BACKGROUND INFORMATION: An Invitation for Proposals for the disposition of vacant

p roperty located at 283 1 Dr. Martin Luther King, Jr. Boulevard, a 50 foot by 95 foot, more or
less, parcel zoned Commercial In tensive in the Dr. Martin Luther King, Jr. Community
Redevelopment Area, was advertised on J anuary 2, 20 17. At the end of the 30 day period, a
proposal was received from Samuel L. Lurie TR for Samu el L. Lurie Trust.
Continued to Next Page (8] Yes 0 No

Person Initiating Request: Michael Titmuss Department: Community Development
Sh aron Rozier and Fran k Amati Division: Housing and Real Estate
COUNCIL ACTION
Oath: 0
Background Information- Continued
Meeting Date: April 3 , 2017
Agenda Item No. 18
Revised (Date & Time}:
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.
Mr. Lurie, the adjacent property owner, submitted a proposal as follows:
Sales price is $13,363, with a $1,000 deposit to Omega Title , LLC

Acceptance by 4-5-2017
Closing on 5-3-17
This is a cash transaction, with no financing contingency
Buyer selects Omega Title, LLC and pays all closing costs
Feasibility study within 20 days of effective date to Buyers satisfaction. During
the feasibility study time, Buyer will confirm that the parcel may be combined
with the adjacent parcel located at 2821 Dr. Martin Luther King, Jr. Boulevard
with commercial zoning for the new combined parcel and establish ingress and
egress driveway via Knight Street
There are no sales commissions
Buyer to pay all closing expense s and 20 17 taxe s
Seller will receive proceeds at closing of $13,363
Buyer will pay up to an additional $200 for City supervised relocation of signage
on the property
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:sam7245@comcast.net]
To: CFM Purchasing <cfmpurchasing@cityftmyers.com>
Cc: Graeber, Adrienne <adrienne@omegalandtitle.com>
Subject: Attn: Purchasing- 2831 Dr. MLK- Bid to Purchase
Dear City of Ft. Myers:
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 .
Thanks for your assistance in this matter.

Sincerely,
Sam Lurie, broker www.LurieRealty.com

P.O. Box 6221
Fort Myers Beach, FL 33932
239-463-3520
3
Marie Adams
From: Frank Amati

Sent: Thursday, March 23, 2017 4:34PM
To: Marie Adams
Subject: FW: Attn: Purchasing - 2831 Dr. MLK - Bid to Purchase

Sent: Wednesday, March 22, 2017 4:01PM
To: Frank Amati
Cc: Graeber, Adrienne
Subject: Re: Attn: Purchasing- 2831 Dr. MLK- Bid to Purchase
Frank:
I agree to update the closing date on my purchase of 2831 Dr. MLK to 5-31-17.
Please keep me updated as this moves forward .

Thank you .
Sincerely,

P.O. Box 6221
Fort Myers Beach , FL 33932
239-463-3520
From: "Frank Amati" <famati@cityftmyers.com>

To: "Sam Lurie" <sam7245@comcast.net>
Sent: Wednesday, March 22, 2017 3:05:57 PM
Subject: RE: Attn: Purchasing - 2831 Dr. MLK- Bid to Purchase
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
Sent: Monday, March 06, 2017 7:25PM
To: Debra Kearns
Cc: adreinne@omegalandtitle.com; Sharon Rozier; Frank Amati
Subject: Re: Attn: Purchasing- 2831 Dr. MLK- Bid to Purchase
Debbie:
Thanks for the update.

P.O. Box 6221
Fort Myers Beach, FL 33932
239-463-3520
From: "Debra Kearns" <DKearns@cityftmyers.com>

To: sam7245@comcast.net
Cc: adreinne@omegalandtitle.com, "Sharon Rozier" <srozier@cityftmyers.com>, "Frank Amati"
<famati@cityftmyers.com>
Sent: Monday, March 6, 2017 2:12:14 PM
Subject: FW: Attn : Purchasing- 2831 Dr. MLK- Bid to Purchase
Dear Mr. or Ms. Lurie,
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.
Yours in public service,
: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.
From : Valerie Daeda On Behalf Of CFMPurchasing

Sent: Wednesday, February 22, 2017 3:59 PM
To: Debra Kearns <DKearns@cityftmyers.com>
Subject: FW: Attn: Purchasing- 2831 Dr. MLK- Bid to Purchase
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
(239) 321-7232
(239) 344-5935
Em ai l: cfmpurchasing@cityftmyers.com

To: CFMPurchasing <cfmpurchasing@cityftmyers.com>
Cc: Graeber, Adrienne <adrienne@omegalandtitle.com>
Subject: Attn: Purchasing- 2831 Dr. MLK- Bid to Purchase
Dear City of Ft. Myers:
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 .
Thanks for your assistance in this matter.

Sincerely,

P.O. Box 6221
Fort Myers Beach , FL 33932
239-463-3520
4
Vacant Land Contract
tt r 10r c. Realtors
1. 1. Sale and Purchase: CITY OF FORT MYERS ("Seller")

2 and SAMUEL L LURIE TR FOR SAMUEL L LURIE TRUST ("Buyer")
3 (the "parties") agree to sell and buy on the terms and conditions specified below the property ("Property")
4 described as :
5 Address: 2831 DR MARTIN LUTHER KING JR BLVD, FORT MYERS, FL 33916
6 Legal Descnption: BLOUNTS ADD PB 1 PG 56 E 50FT OF LTS 12 + 14
7
8
9
10
11 SEC 1BtTWP 44 fRNG 25 of LEE County. Florida. Real Property ID No.: 18-44-2S-P4-00600.012A
12 including all improvements existing on the Property and the following additional property: VACANT LAND ONLY.
13
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: adrienne@omegat1tle.net
21 (a) Initial deposit (SO if left blank) (C heck if applicable)

22 0 accompanies offer
23 ~ will be delivered to Escrow Agent Within days (3 days if left blank)
24 after Effective Date .. .. .......... ........ .............. .. .. ... ......... .. ... .. .. ........... ................. .. ....... .... ... .. .. ... 1_.0_0_0_
$____ .0_0
25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable)
26 0 within days (10 days if left blank) after Effective Date
27 U within days (3 days if left blank) after expiration of Feasibility Study Period .. .. ... $ _ _ _ _ __
28 (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) ............... .
29 (d) Other: S_ _ _ _ __
:lO (e) Balance to close (not including Buyer's closing costs, prepaid items. and prorations)
31 to be paid at closing by wire transfer or other Collected funds ... .. .. .. .. ..... ....... .. . . .... .. .. .. $ _ _ _1_2:.....3_6_3_.0_0
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.
~~~t~-;08( ll ) and Selle x )\

J acknowledge 1ece1p 1 of a cop)' of th1s page. wh1ch 1s 1 of 7 pa ges.
;, 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
VAl 1'8(!:!8 1~ /\---- < h.;r Ju Nl'dltU16'
~. ' 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 )(
A' ~~ .. H 14
.1 and $Pile~
{ \-
'( ~ 1 acknoy,leuge rPCE'Ipl o a cori of tl11s page w hich 1s 3 of 7 pages
~ Flmic;; Rftn~torit
1 012042200U87790025
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
'A(
' 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)'
!juyer
vac ba14:ol
I
,4
) ancl ';;jelleY
'l\ )l 1flCknowledg' IPCE'!pl ()! Ci m rY of lhiS p<lQE' WhiCh IS u Of 1 p<lges
, .. 012P~2200148779002S
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 .
;l4'.l Buyer: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Date

3~4 Print name. ----7'J:: ~
~45 Buyer : __ -_-_-_-_-_-_-_-:_-.,...~::::-~:::.::&:::~:::::~~::~~~~~~~~~~~~=----~~~~~- Date _z_.-_2_2_-_/_7__
:46 Print name _ _ _ _S:.. A. . ,M
.----=.
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147 Buyer's address for purpose of notice
3-Hl Address PO BOX 6221 FORT MYERS BEAC H FL 33932
.}J') Phone. _ _ _2_3_9_-4_6_3_-3_5_2_0_ __ Fax. - - - - - - - - - - Ema rl _ _S:._A_M
............
72 =-4....,.5:..::@::::.....C_O_I\..:..!1C
.:.._A_S.:.._T_._N.:::.E:.T. ._ _
350 Seller: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Date. - - - - - - - -

351 Pnnt name
~52 Seller:~::::::::::::::::~------=============================~- Dat~-------
CITY OF FOrn MYERS
-~!A Seller's address fo r purpose of notice
3!J5 . Address c/o Crty of Ft Myers Purchasmg and Contracts 2600 Dr. MLK. Ste 101. Ft Myers. FL 33916
.356 Phone _ ____:2::..:3:...:9=-.=.3:::.2......
1-......7..::2.=.3..::2_ _ _ Fax.-- - - - - - - - - - Emarl _ cfmpurchasrng@crtyftmyers com
.!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
Bu;
..~', ~
D I( _) ana Sellerv
'j\ )l I AC'krlO\\ r:.dge I PCE'Ipt Of & C0f1\ Of lhiS page WhiCh IS 7 Of 7 pagE'S
' " 0600459001487792157

City of Fort Myers -~~~J
Location Map: STRAP 184425P400600012A; "i'p~a,
; #1.. - ._:!-
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2831 Dr Martin Luther King Jr Boulevard '.:::..,
l. llyo(Pdhm
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BLOUNTST
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UTHER KING JR BLVD
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PRICE AVE
Date: 12/5/2016
Map for reference only and is not

Legend a Survey. The City of Fort Myers
makes no claims or guarantees
~ Item Location abou t the accuracy or currency of
D Parcel Lines the information contained on this
map, and expressly disclaims
0 75 150 300 liability for errors and omissions.
I Source: City of Fort Myers - GIS
Feet
Disposition of 2831 Dr. MLK Blvd
Florida Statute 163.380(3)(a)
Permission to Advertise: April 3, 2017 Item No. 21

C1 rv Clr >J..:'e; OHI< 1
PO Box 2~17
Fell.' 1 ;\1) l PC.,, II. w;oz
~;<;-f!t ~~~'I H
ll9"344")C/Z7 t \X
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
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.
CITY OF FORT MYERS

By: Marie Adams, MMC, City Clerk
LEGAL ADVERTISING
PROOF: WEDNE SDAY, APRIL 5 , 2 0 17
RUN: FRIDAY, APRIL 7 , 2017
PLEASE PROVIDE PROOF OF ADVERTISEMENT PRIOR TO PUBLICATION TO

MHAGEMANN@CITYFTMYERS.COM PLEASE RETURN AN AFFIDAVIT OF PUBLICATION TO THE ATTENTIO N
OF MARIE ADAMS , MMC, CITY CLERK, P.O. BOX 2217, FORT MYERS, FL 33902.
cc via email:
Purchasing Department
Cary Mock, Sharon Rozier; Housing and Real Estate
Maria Joyner, Finance Director
Grant Alley, City Attorney
E -mailed to legal@news-press.com on April 4, 2017

Acquisition of a portion of 2831 Dr. Martin Luther King, Jr. Boulevard
City Code 2-38, 2-39
Permission to Advertise: April 3, 2017 Item No. 21

CnYC!llif-.'<:.Olllt l
PO KO\ 2~17
Fl Hn M1 FF<;, I I F!Joz
~.l<rru;nJ<; Tn
City of Palms '-39-344-)~IZ/ F \X
NOTICE OF DISPOSITION OF REAL PROPERTY
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
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.
CITY OF FORT MYERS

By: Marie Adams, MMC, City Clerk
DISPLAY ADVERTISING- NO LESS THAN 2 COLUMNS WIDE by FOUR INCHES DEEP
PROOF: WEDNESDAY, MAY 3, 2017

RUN: THURSDAY, MAY 4, 2017
PLEASE PROVIDE PROOF OF ADVERTISEMENT PRIOR TO PUBLICATION TO

MHAGEMANN@ClTYFTMYERS.COM PLEASE RETURN AN AFFIDAVIT OF PUBLICATION TO THE ATTENTION
OF MARIE ADAMS, MMC, CITY CLERK, P.O. BOX 2217, FORT MYERS, FL 33902.
cc via email:
Purchasing Department
Cary Mock, Sharon Rozier; Housing and Real Estate
Maria Joyner, Finance Director
Grant Alley, City Attorney
E-mailed to reception@news-press.com on May 1, 2017

AGENDA 19
Revis ed:
r8) Regular D Special D Workshop --
Quasi-Judicial D Yes r8) No
0Proclamations Dconsent 0Public Deity Council ~Permission Deity Deity
Consideration
MOTION: Permission to advertise for a MANAGEMENT RECOMMENDATION:
transmittal p u blic hearing for Text Approve.
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
Com prehensive Plan, to Florida Department of
Economic Opportunity for review and
com ments.
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.
BACKGROUND INFORMATION: The Community Redevelopment Agency considered Downtown

Density Update Strategies in concept at its meeting on September 28, 2016, and provided
direction to proceed with implementing the updates in a phased approach. The Comprehensive
Plan Amendments are part of Phase II. Updates to the Downtown Plan, Central Redevelopment
Area Plan, and Land Development Code includes amendments of goals, policies, standards and
actions in the Comprehensive Plan Future Land Use Element (FLUE), Transportation Element,
and Concurrency Management System Element regarding the Downtown and Midtown South
Future 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 will be considered by City Council at future public hearings .
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:
Continued to Next Page r8) Yes 0 No

Person Initiating Request: Richard Moulton Department: Commun ity Development
Nicole DeVaughn Division: Planning
COUNCIL ACTION
Oath: 0
Agenda Item No. 19
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.
1. Replace mix of use ratios with a demand based formula.

2. Adjust density standards so that bonus densities become by-right.
3. Establish a surplus capacity program and streamline processes with a
community benefit requirement to allow additional development per the
capacity in the utility system.
4. Allow higher density and inten sity for Midtown south of Dr. Martin Luther
King, Jr. Boulevard.
The proposed amendments to the Comprehensive Plan and Future Land Use Map are as
follows:
FUTURE LAND USE ELEMENT

Summ ary Ch a rt of Current and Pr ior Future Land Uses
The summary chart is amended to 70 dwelling units per acre in Downtown, with
additional density allowed through the su rplus capacity program.
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.
Policy 1. 7 and supporting actions and standards

Clar ify the Downtown Future Land Use category density by generalizing the
related zoning districts listed, and allowing a density range from 12 du j ac to
70 dujac. Allow additional den sity/intensity (including height and FAR) through
surplus capacity program.
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.
Policy 1.8 and supporting actions

Establish Midtown Sou th (M/ S) Future Land Use category with a density range
from 12 dujac to 70 dujac and maximum Floor Area Ratio (FAR) of 18. Allow
additional density 1intensity (including height and FAR) through surplus capacity
program.
Policy 1.9
Establish surplus capacity program to allow additional density I intensity
Page 2
Backgrou nd Information - Con tinued
Meeting Date : April 3, 2017
Agenda Item No. 19
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,
for review and comments .
(including height and FAR) based on surplus utility capacity.
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.
Add Map F, Surplus Equivalent Dwelling Units by Utility System Phase
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
Meeting Date: April 3 , 2017
Agenda Item No. 19
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
In comparison, a potential yield of 4,558 equivalent dwelling units h a s been

calculated for the buildout in the area assuming maximum of 70 units per a cre for
Page 4
Background Information - Con tinued
Meeting Date : April 3, 2017
Agenda Item No. 19
R evised (Dat e & Tim e ):
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.
Advisory Board actions:

The Historic Preservation Commission discussed the Comprehensive Plan amendments
relevant to the Downtown and Dean Park historic districts on January 26, 2017. A
presentation on the amendments was given, public comments were heard , and board
discussion took place.
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.
Th e Planning Board held a workshop on March 1, 20 17, in which a presentation was

given and the board discussion took place.
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
Backgr ound Information- Continued
Meeting Date: April3, 2017
Agenda Item No. 19
Revise d (Date & Tim e):
and Map Amendm ent 2017-TMA-02 amending the Future Land Use Element,
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 :
delete referen ce to "by right" density in proposed FLUE text;

amend FLUE Policy 1.10 ch angin g "utility analysis" to "infrastructure analysis";
create reference to Urban zonin g categories for Midtown South in FLUE Policy 1.8;
and
delete a refer ence to prioritizing two-way traffic on Fowler and Evans/Par k in
Transportation Element Policy 10.1. b .
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:
Following an affirmative vote granting permission to advertise for a transmittal public

hearing, the Compreh ensive Plan amendments will be considered by City Council for
transmittal to the Florida Department of Economic Opportunity. After review and
comments are received from the DEO, the amendment will be considered for adoption by
the City Council.
Page 6
Downtown and Midtown
Density Study
City of Fort Myers

TRANSMITTAL PACKAGE
4/17/17 City Council Transmittal Hearing
Text Amendments to
Comprehensive Plan Future Land
Use Element, Transportation Element
and Concurrency Management
System Element & Supporting
Documents
Future Land Use Map Amendment

1
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
FUTURE LAND USE:
Proposed - 3/15/17 Draft PAGE 1-2

Category NewCurrent name and Symbol CunentPrior name and allowable uses befor e
allowable uses as of Ord. Ord. 3562 adoRted Au~:; 22 2010
3562 adoption Au!!. 2 2010
8. Industrial: light and heavy IND 1-1 Light industrial uses, no r esidential uses
light industrial uses, no 1-2 Heavy industrial uses, no residential uses
residential uses
9. Recreation : recreation and REC REC Recreation and open space uses
open space uses
10. Conservation Land : CON CON Regionally significant wetlands
regionally significant
wetlands and uplands as weD
as City owned property
adjacent to watenvays
!!: Midtown South: intensive MIS Established in 2017; Re-desi~:;nation of
mixed use develoRment2 max ai!Rroximatelv 75.8 acres from T/C and C/C
70 du/ac2 with additional
densi~ allowed throu2h the
surplus capacity pro!!ram
* Density ranges reflect the maximums permitted by the underlying zoning districts.
FUTURE LAND USE:
Proposed - 3/15/ 17 Drafi PAGE 1-3

GOAL
To ensure that the general patterns and relationships (distribution, allocation, and intensity) of all land uses
within, and adjacent to, the City remain or become acceptable to the present and future community of Fort
Myers.
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:
a) Contain at least 15 existing or capable for rehab single-family homes;

b) Parcels already subdivided into lots suitable for single-family use; and,
c) Not more than 30% of the Jots are developed in other than single-family uses.
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.
FUTURE LAND USE:
Proposed - 3/ 15/ 17 Draft PAGE I-4

Standard 1.2.2.2) Historic Districts shall be designated by the City and separate standards within the
Historic Preservation Element and Land Development CodeR-eg~latioAs shall be set as needed to retain
those qualities that distinguish their architecture, scale, massing, lot size, setback, and other features to
preserve and enhance these neighborhoods.
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
FUTURE LAND USE:
Proposed- 3/15/17 Draft PAGE 15

management, sewage treatment, potable water, water reuse, or other similar community facilities.
Once master planning of infrastructure is developed, the area will be subdivided based on the
distribution of infrastructure prior to development;
Standard 1.4.1.2) Ability to accommodate a variety of land uses di stributed to resulting parcels and
considering the following:
Providing visual harmony between uses.
Integrating with, complement, and improve adjacent uses, signage, and buffering.
Avoiding negative impacts upon adjacent uses and traffic circulation.
Protecting natural and historic resources.
Ensuring that adequate capital facilities levels of service exist or are assured.
Adequately buffer residential uses to prevent perceived nuisance factors, such as
noise, traffic, and security.
A voiding routing non-residential traffic through residential areas.
Addressing safety hazards, such as ingress/egress problems.
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.
FUTURE LAND USE:
Proposed- 3115117 Drafi PAGE 1-6

Policy 1.6) Corridor Commercial (C/C) contains areas located along, or in close proximity, to existing commercial
centers and corridors. Many of these areas are included in redevelopment districts, as described in Action 3.2.3, and may
have additional requirements. This district is intended to accommodate more intensive development; therefore, mixed
use development incorporating neo-traditional and transit oriented development principles is encouraged. A maximum
standard density established in the Land Development RegHiatiaRsCode, not to exceed twenty-five dwelling units per acre
(25 du/acre), with a maximum bonus density of up to sixty dwelling units per acre (60 du/acre) may be permitted through
a process outlined in the City's Land Development RegHlatiaRsCode. Criteria for bonus densities include, but are not
limited to, incorporating Leadership in Energy Efficient Design (LEED) standards, neo-traditional and transit oriented
design principles, pedestrian connectivity, exceptional architectural design, and other considerations. No new single-
family development shall be permitted . A Floor Area Ratio no higher then three (3 FAR) shall be used as an index of
intensity for non-residential development in this land use category.
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.
Standard 1.6.1.1) Single-family residential uses or platted lots existing or permitted as of

October 26, 2010, shall be grandfathered and considered legal non-conforming uses. New
single-family residential lots, other than bona fide caretaker residences, may be permitted through the
Planned Unit Development process as detailed in Policy 1.14.
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
FUTURE LAND USE:
Proposed- 3/15117 Draft PAGE 1-7

UrbaR Core is 35 I!Ritslaere. A maKim1:1m bORI:IS EleRsity, fer a total of70 I:IRitslaere, may be J3ermit:tee
tllrol!gR AetioR 1.7.7. lRteRsity fer all J3rOJ3erties eesigRatee UrbaR Core SAO!:! lEI be limitee to a floor
area ratio (fAR) of RO more tllaR eigllteeR (18) 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 1.7.2.2) 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.
FUTURE LAND USE:
Proposed - 3115/17 Draft PAGE 1-8

Standard 1.7.3.1) The District Overlay (DIST) areas shall be designated to meet the specialized
needs of the community. Proposed development shall be required to receive approval through the
Planned Unit Development process as detailed in Policy 1.14 and the Land Development
RegHiatieRsCode or underlying Future Land Use designation.
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 1.7.5) Reserved
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.
FUTURE LAND USE:
Proposed - 3/15/ 17 Draft PAGE 1-9

Policy 1.8) Areas on the Future Land Use Map designated as Midtown South (M/S) shall be developed or redeveloped
in accordance with this policy and the Historic Preservation Element of the Comprehensive Plan as applicable. Midtown
South is designated for a mix of residential and commercial uses. and the requisite infrastructure needed is generally
planned or in place. The maximum density allowed within the Midtown South District is 70 dwelling units/acre and the
maximum intensity for all uses allowed in the Midtown South District is eighteen (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 Midtown South District the allowable density will be a maximum of 12 dwelling units per acre up to a maximum of
70 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 surplus capacity program. as
described in Policy 1.9 and which will be further delineated in the Land Development Code.
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
FUTURE LAND USE:

incompatible land use districts may be approved through the Planned Unit Development process. Residential uses are not
permitted on land within this land use district. Development intensities are limited to a floor area ratio of one (I FAR).
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:
a) Located in close proximity (ideally 2Y2 miles or less) to Interstate interchanges;

b) Rail frontage;
c) Immediate access to or frontage on an arterial roadway;
d) Useable lot sizes-typically 200 feet or deeper;
e) Distance from residences, schools, and historic districts or sites;
f) Easy access for employees;
g) Optimum minimum size of I 0 acres; and,
h) Located so as to avoid routing industrial traffic through residential areas.
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:
a) Impacts on adjacent uses;

b) Condition of structures;
c) Economic feasibility of relocating the industries.
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
FUTURE LAND USE:
Proposed - 3/ I5/ I 7 Draft PAGE 1-1 I

runway clear zones which are incompatible with normal airport operations or endanger public health, safety, and welfare
by resulting in congregations of people emissions of light or smoke, or attraction of birds. The construction of an
educational facility of a public or private school at either end of a runway within an area which extends five (5) miles in a
direct line along the centerline of the runway is prohibited. All of the properties within the Airport land use designation
are located within the Page Field Airport Notification Boundary, or within the 24-foot height above mean sea level
restriction zone as shown on Map C-3, Page Field Airspace Information Map. Development within the Airport district
shall comply with governing airport- and aviation-related regulations established by the Federal Aviation Administration,
Florida Department of Transportation, Florida Statutes, and any other applicable regulations.
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.
FUTURE LAND USE:
Proposed- 3115117 Draft PAGE 1- 12

Action 1.1~;1;. 1) All interpretation appeals shall be considered by the Board of Adjustments.
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:
a) Adjustments to reflect appropriate existing land uses;

b) Changes needed as a result of more accurate information in property boundaries;
c) To reflect suitable/appropriate new development which may have occurred between development of
the land use map and annexation; and,
d) Those submitted on the regulating agency's permit application and adjusted to be consistent with the
final iss ued permit and conservation easements required.
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
2. foster self-sufficiency through the rewards of gardening,
3. help families reduce their living costs by growing food locally, and
FUTURE LAND USE:
Proposed- 3/15/ 17 Draft PAGE 1-13

4. improve fami lies access to fresh fruits and vegetables in underserved areas.
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:
a) Warehousing, storage, wholesale operations;

b) Book and magazine publishing plants;
c) Veterinary hospitals, clinics, or kennels; and
d) Radio, telephone and telephone transmission towers and facilities.
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.
FUTURE LAND USE:
Proposed - 3/15/17 Draft PAGE 1- 14

Standard 2.2.1.2) Significant historic structures shall be structures that are identified as being
recommended for "long form" listing in the Florida Master Site File and may be locally designated by
the City Council.
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.
FUTURE LAND USE:
Proposed- 3/ 15/17 Draft PAGE 1- 15

Action 3.2.3) The following redevelopment, neighborhood, or special plans shall be implemented to the greatest
extent feasible:
2010 Downtown Plan; Fort Myers Master Plan

Edison Park Neighborhood Plan;
Central Fort Myers Area Study;
Cleveland Avenue Redevelopment Plan;
Velasco Vil lage Redevelopment Plan;
Winkler Safe Neighborhood Improvement District Plan;
Westwood Redevelopment Plan;
East Fort Myers Revitalization and Redevelopment Plan;
Urban Infill & Redevelopment Areas, as shown on Map E-1 ; and,
Dr. Martin Luther King, Jr. Boulevard & VeronicaS. Shoemaker Boulevards Revitalization Plan.
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.
Standard 3.3.1.6) All utilities should be placed underground wherever possible.
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
FUTURE LAND USE:
Proposed - 3/ 15/ 17 Draft PAGE 1-1 6

equivalent protection on all new buildings (and existing buildings when substantially improved)
located within the Coastal High Hazard Area.
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
FUTURE LAND USE:
Proposed - 3/15/17 Drafi PAGE 1-17

Hazard Area to educate residents on the potential hurricane threat; the need for timely evacuation; the
availability and location of hurricane shelters; and the identification of steps to minimize property
damage and to protect human life. This standard works to implement Standard 3.4.3.4.
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 3.4.6.1) Reserved
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.
FUTURE LAND U SE:
Proposed - 3/ 15/17 Draft PAGE 1- 18

Action 3.4.10) The City shall periodically prepare data and analysis, based upon the current redevelopment
strategy at the time of the analysis, forecasting the impacts of the proposed strategy upon hurricane evacuation
clearance times and public shelter capacity.
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
FUTURE LAND USE:
Proposed- 3/15/17 Draft PAGE 1 19

vacant infill parcels; effects on strengthening neighborhoods; available infrastructure; and where
variances are required to enable development. Procedures should be established as follows:
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).
FUTURE LAND USE:
Proposed- 3/ 15/ 17 Draft PAGE 1-20

OBJECTIVE 5
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.
FUTURE LAND USE:
Proposed - 3115/ 17 Draft PAGE 1-2 1

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FUTURE LAND USE:
Proposed- 3/15/17 Draft PAGE 1-22

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FUTURE LAND USE:
Proposed- 3/15/ 17 Drafl PAGE 1-23

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FUTURE LAND USE:

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FUTURE LAND USE:
Proposed - 3/15/ 17 Drafi PAGE 1-26

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FUTURE LAND USE:

Proposed - 3115/17 Draft PAGE 1-27
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FUTURE LAND USE:

Proposed- 3/15117 Draft PAG E 1-28
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FUTURE L AND USE:
Proposed- 3/ 15/ 17 Draft PAGE 1-29

Map E-2 Coastal High Hazard Area (CHHA)
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Page 122
FUTURE LAND USE:

Proposed- 3115117 Draft PAGE 1-30
SurPlus Eauivoleol Dwelling Units by W itv System Phase
,,
Phase 1
\
Phase 3A
400 Surplus--EDUs
Phase 38
326 Surplus EDUs
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
FUTURE LAND USE:

Proposed- 3115117 Draft PAGE 1-31
TABLE 1-1
Page Field General Aviation Airport
Existim! vs. Prooosed Develooment 2020-20250>
Development Existing Thru 2020<2> Thru 2025<3>
4
Landside Intensity (Terminal and Access Facilities)< >
Total Landside Intensity (See below for facilities by quadrant) 98. 100 sq. ft. 20,000 sq. ft.
Vehicula r Parking (S) 675 spaces
Landside Intensity by Quadrant
North Quadrant
Buildings & Structures 85,557 sq . ft.
Vehicular Parking 545 spaces
East Quadrant
Buildings & Structures I ,250 sq. ft. 20,000 sq. ft.
Vehicular Parking 15 spaces
South Quadrant
Buildings & Struc tures II ,209 sq. ft.
Vehicular Parking 11 5 spaces
West Quadrant
Buildings & Structures ---
Auto Access rvtain tenninal entrance from Danley f'\i rport Perimeter Road; New General
privc; Tenninal Drive; Airport faci lities ~viation facility access; North quadrant
~ccess ways fro m Danley Drive; Airport ~angar access roads; Tenninal Drive
Wacility access from Landingview Way ealignment; Fuel farm access; South
Road/ Dan ley_Drive realignme nt
Airside Intensity (Aviation Operations and Support Facilities)<6l

Airfield Facilities
Runway 05-23 n
6,40 I ft. X 150 Run way
Runway 13-3 1 n
4,997 X 150 Runwayn
Aprons/Ramps 2 17, 100 sq. yds. 62,200 sq. yd s.
Primary Taxiways
Taxiway A 6 ,401 ft. T axiway
Taxiway B 4 ,997 ft. T axiway
TaxiwayC 6,547 ft. T axiway
Taxiway D 2,897 ft . Taxiway
Taxiway E I ,860 ft. Taxiway I ,052 ft. Taxiway_
Future Aviation-Support Facilities in Airport Master Plan 4.000 sq. yds.
162 Total Based Hangars
18-20 Multi-Use Itinerant Hangars
FUTURE LAND USE:
Proposed - 2/14/ 17 Draft PAGE 1-3 1

Table 1-1 - P - --2of
- - -2
Development Existing Thru 2020<2> Thru 202s<3 >
Aviation-Support Facilities (See belo w for facilities by quadrant) 332,991 sq. ft. I 00,660 sq. ft.
Aviation-Support Facilities by Quadrant
North Quadrant
Hangars
Accessory Office 34,658 sq. ft.
East Quadrant 1,470 sq. ft.
Hangars 135,923 sq. ft.
Accessory Office I 0,8 50 sq. ft.
South Quadrant 4 ,682 sq. ft.
Hangars
Accessory Office 197 ,068 sq. ft. 34,658 sq. ft.
West Quadrant I ,470 sq. ft .
Terminals
Hangars 25 ,000 sq. ft.
24,000 sq. ft. - - -- --
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.
FUTURE LAND USE:

Proposed - 2114117 Draft PAGE 1-32
City of Fort Myers
Proposed Amendments to Future Land Use Element
Current Future Land Use Policy 1.7
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.
Revised Future Land Use Policy 1.7:
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)
New Future Land Use Policy 1.8
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.
Phase Area 1: 827 Surplus EDUs
Phase Area 2: 1,500 Surplus EDUs
Phase Area 3A: 400 Surplus EDUs
Phase Area 3B: 326 Surplus EDUs
Phase Area 4: 802 Surplus EDUs
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
TKW Consulting Engineers, Inc.

5621 Banner Drive
and
Johnson Engineering
2122 Johnson Street
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 2: Potable Water Average-Daily Demand Scenarios .......................................................... 10
Table 3: Water Main Improvements for Base- and Surplus-Demand Scenarios .......................... 14
Figures
Figure I: Overview of Hydraulic Model ........................................................................................ 9
Figure 2: Hourly Demand Multipliers .......................................................................................... 11
Figure 3: Peak-Day Hourly Demands ........................................................................................... 12
Figure 4: Existing System Fire Flow Performance for Base- and Surplus-Demand Scenarios .... I5
Exhibits
Boundary, Phases, Zoning, and Density Assumption, .................................................... EXHIBIT I
Surplus Equivalent Dwelling Units by Utility System Phase ...................................... EXHIBIT 2A
Excess Capacity ........................................................................................................... EXHIBIT 2B
Phase 1 Sewershed .......................................................................................................... EXHIBIT 3
Water Main Improvements Base-Demand Scenario.......................................................EXHIBIT 7
Water Main Improvements Surplus-Demand Scenario .................................................. EXHIBIT 8
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
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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.
City of Fort Myers Comprehensive Plan. Policy 1.5, Table 3. 2010.
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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
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establish a Transfer of Development Rights program to use these extra EDUs as incentives
to develop.
2.2 Results ofSewer Model

Exhibits 3 through 6 provide the layout of the upsized sewer system based on the assumed
densities. Each block is examined individually. The area surrounding each block is determined and
the flow generated in that area is apportioned to the gravity mains adjacent to the block.
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
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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
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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.
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.
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).
3.1 Potable Water Distribution System Model

A hydraulic model of the City's water system is used to evaluate whether improvements will be
necessary to support increased density in the DRD. The hydraulic model used for this evaluation
(updated model) is based on an updated version of a portion of the City's existing potable water
model (original model).
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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Figure 1: Overview of Hydraulic Model
3.2 Modeling Assumptions and Parameters

Modeling assumptions for the updated model generally follow those of the 2005 master plan and
the original model. System controls (e.g. tank fill I discharge levels, distribution system pressures
at the WTP, etc.) are taken from the original model. Assumptions include the following:
Pressure delivered by the WTP is 62 PSI during the day and decreases to 57 PSI between
8:00PM and 5:00AM.
The Winkler booster pump station operates when nearby system pressure is below 55 PSI
and shuts off when nearby system pressure is above 61 PSI.
The City ' s wellfield and treatment facilities have sufficient capacity for future I build-out
potable water demands.
Per the 2005 master plan, interconnections between the City 's and Lee County' s potable
water systems are assumed to be rarely used and are not included in the updated model.
System control valves, aside from those required to model the WTP and Winkler booster
pump station, are not considered.
Minor loss coefficients have not been included in the model.
Pipe roughness coefficients (C-factors) are based on GIS-indicated pipe materials per the
schedule used by the original model (see Table 1). Pipe age, which would tend to increase
C-factors for new pipes and decrease C-factors for older pipes, is not considered.
January 2017 Page 9
Table I: Pipe Properties Used for Modeling
Material Pipe Roughness Coefficient (C-Factor)

Cast Iron 80
Ductile Iron 110
Asbestos Cement 120
PVC 120
3.3 Potable Water Demands

Potable water demands are projected for the model area at build-out. Demands are projected on an
"average-day" basis. Hourly multipliers (discussed in the next section) are applied to project peak-
day and peak-hour demands. Demands are projected on a "per-parcel" and "per-user" basis, where
"user" refers to residential or commercial usage. Demands are projected separately for residential
and commercial users to account for difference between daily demand patterns. In general:
Outside of the DRD and Midtown South, potable water demands are projected for two
categories consisting of residential or commercial users. User categories are determined by
evaluating existing land use for developed parcels or zoning for undeveloped parcels as
reported by Lee County's property appraiser GIS data. The following values are used to
determine per-user demands:
o 187.5 GPD per single-family residence I EDU.
o 94 GPD per multi-family residence I institutional facility room (i.e. 0.5 EDU).
o 0.15 GPD per square foot of building area for unspecified commercial usage.
o 40 GPD per seat at 15 square feet of building area per seat for restaurants.
o 100 GPD per hotel room.
Potable water demands within the DRD and Midtown South are evaluated as EDUs at
187.5 GPD per EDU.
Irrigation demands are assumed to be unimportant for this evaluation and are not
considered. This assumes that irrigation demands are highest during the night, when other
demands are low.
As shown in Table 2, two potable water demand scenarios are evaluated:

" Base" demands, which consist of projected future demands for the model area, without
consideration for surplus EDUs within the DRD and Midtown South.
" Surplus" demands, which consist of base demands plus additional demands from surplus
EDUs within the DRD.
Potable water demands are assigned to nodes based on proximity.
T a bl e 2: Pota bl e Water Average- Dat' Jy D em andS cenanos

Average Daily Average Daily
Base Demand Surplus Demand
User I Area (MGD) (MGD)
Residential I Outside DRD & Midtown South 1.4 1.4
Residential I Within DRD & Midtown South 3.7 4.5
Commercial 2.2 2.2
TOTAL 7.4 8.2
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).
Average-Day and Peak-Day Hourly Demand Multipliers

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Residential I A vg. Day _._ Residential I Peak Day

Commercial I Avg. Day Commercial I Peak Day
Figure 2: Hourly Demand Multipliers
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.
January 2017 Page I I
Peak-Day Hourly Demands
16.0
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Combined Base Demand - - - Combined Surplus Demand

Base Residential Demand Surplus Residential Demand
- - - Commercial Demand
Figure 3: Peak Day Hourly Demands
3.5 Fire Flow Demand

Available fire flow (AFF), or the available flow delivered by the distribution system to a fire
hydrant, is generally the controlling factor for water main sizing. Required AFF for a structure
depends on the type of construction, proximity to other structures, in-building fire suppression
equipment (e.g. sprinklers), and other factors as specified by Annex H of the National Fire
Protection Association codes & standards.
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
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.
3. 7 Model Scenarios and Basis ofRecommendations

Modeled scenarios are used to evaluate AFF for the peak-day I peak-hour demands. Two scenarios
are modeled based on the demand scenarios presented in Table 2. Recommendations for upgrades
are made when model results predict AFF of less than 2,000 GPM at the nodes included in the
model. Note that the model is unlikely to include all fire hydrants or other fire protection facilities.
It is incumbent upon the City and I or future developers to ensure that required AFF is provided
for site- and project-specific conditions.
3.8 Results of Water Model

Modeling indicates that improvements to the potable water system will be required for the base-
demand and surplus-demand scenarios to ensure 2,000 GPM of AFF can be provided to the nodes
that are evaluated. As shown in Figure 4, the existing system is unable to provide AFF of 2,000
GPM in certain locations. Improvements identified by modeling are presented in Table 3 and
Exhibits 7 and 8. It is noted that significantly more improvements may be required for the surplus-
demand scenario. In general, the identified improvements may be necessary if the DRD and
Midtown South are developed to maximum potential densities.
Improvements in the Phase 1 area (Downtown) include:

Upsizing the water main along Hendry Street, between 2nd Street and MLK, to 8 inches for
the base-demand scenario and 12 inches for the surplus-demand scenario.
Connecting the Jackson Street water main to the MLK water main.
For the surplus-demand scenario, an 8-inch water main should be constructed to extend the
Monroe Street water main from 151 Street to Bay Street.
Improvements in the Phase 2 area include:

Upsizing the water main along Thompson Street, between Hough Street and Evans
Avenue, to 8 inches for both scenarios.
Upsizing the water main along Hough Street, between Thompson Street and 4th Street, to
8 inches for both scenarios.
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
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.
Improvements in the Phase 4 area include:

Upsizing the West 151 Street water main to 8 inches for the surplus-demand scenario.
Connecting dead-end mains along Bayside Parkway and Henley Place to the West 151 Street
water main for both scenarios.
In general, it is recommended to upsize the water main along West 151 Street to 8 inches to
improve hydraulics within the Phase 4 area.
Table 3: Water Main Improvements for Base- and Surplus-Demand Scenarios
Linear Feet of Water Main Improvements for

Indicated Size, Phase, and Demand Scenario
Base Demand Scenario
Pipe Size Phase 1 Phase 2 Phase 3 Phase 4 Total
6-inch 0 0 0 100 100
8-inch 800 1,100 3,800 100 5,800
12-inch 0 0 1,200 0 1,200
Surplus Demand Scenario
Pipe Size Phase 1 Phase 2 Phase 3 Phase 4 Total
6-inch 0 0 0 0 0
8-inch 400 2,100 12,800 4,000 19,300
12-inch 800 0 2,600 0 3,400
TK W CONSU LTING ENGINEERS, INC. DOWNTOWN & MIDTOWN FORT MYERS UTILITY CAPACITY ANALYSIS
January 201 7 Page 14
N Lotr "
Base-Demand Scenario /SI.JnJ
i Existing System
Available Fire Flow

at Junction (GPM)
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0 750 - 1,000
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0 1,250 - 1,500 BIJite Sl
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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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JOHNSON ENGNEERING, INC.

City of Fort Myers Boundary, Phases,
JC)HNS~)N
2122 JOHN SON STREET
P.O. SOX 1550
Downtown & Midtown FORT M YERS. FLORIDA 33902 1550
PHONE (239) 33-4..0046 EXHIBIT 1 Zoning, and Density Assumptions
Utility Capacity Analysis ENGINEERING FAX (239) 3343661
E.B. *'642 & L.B . .il642
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FORT MYE RS, FLORIDA 33SaD21550
PHONE (239) 3Jo44l 46 EXHIBIT 2A
Surplus Equivalent Dwelling Units
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Utility Capacity Analysis ENGINEERING FAX (239) 334- 366 1
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City of Fort Myers 5621 Banner Dr
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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Utility Capacity Analysis TC' Fort Myers. Florida, 33912
Ph: 239-273-1992
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EXHIBIT 5
Date: 12/15116
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JOHNSON ENGI'IEERING, IN C.
C ity of Fort Myers Water Main Improvements
Downtown & Midtown
jl)HNS8N 2122 JOHNSON STREET
P.O. BOX 155 0
FORT MYE RS, H O Rk)A 33902-1 550
PHONE (2 39) 334..0046 EXHIBIT 7 Base-Demand Scenario
Utility Capacity Analysis ENGINEERING FAX (239 ) 334 3661
E 8 11642 & LB. 11642
Da1e: Jan. 2017 Project No.: 20160324 Seale : N TS
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City of Fort Myers Water Main Improvements
JOHNS~1N
2121 JOHNSON STREET
P .O. BOX 1550
Downtown & Midtown FORT MYERS, FLORDA 338021550
PHONE (239) 334..0046 EXHIBIT 8 Surplus-Demand Scenario
Utility Capacity Analysis ENGINEERING FAX (239) 334-3661
E .B. 161112 & LB. jl642
Date: Jan. 201 7 Project No.: 20160324 Seale: NTS
2
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.
TRAN SPORTATION : Adopted 17 Sep 07 Ordinance 3200, 3419, ~ PAGE 2-2

Action 1.3.4) Identify corridors for off-road bicycle paths such as railroad and drainage canal Right of Ways.
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.
TRANSPORTATION : Adopted 17 Sep 07 Ordinance 3200, 3419, xxxx PAGE 2-3

Proposed amendments per 2013 Downtown Fort Myers Mobility Plan and 2017 Surplus Capacity Program
Action 1. 7.3) Support the 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.
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:
Ta.ble 1: Rights-of-Ways Standards

Cla.ssinca.tion Width
Local Streets: Curb and Gutter (urban) 50'
Local Streets: Other, Swale (rural) 60'
Collector: Urban Section 100'
Collector: Rural Section 150'
Arterial: Urban Section 150'
Arterial: Rural Section 200'
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.

Policy 2.3) Roadways, where desirable, will be expanded to the necessary widths and la neage to meet traffic needs.
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.
TRANSPORTATION: Adopted 17 Sep 07 Ordinance 3200, 3419, xxxx PAGE 2-5

Standard 2.5.1.1) For each phase, development to be built in phases must have in place, provide, or assure
a traffic circulation system that will handle the traffic generated by the development at the adopted level
of service.
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.
Action 2.6.3) The City will

construct roadways, or make
Downtown Mobility Area
roadway improvements,
Map H
consistent with adopted level of
service (LOS) standards. In
addition, the City will require
other governmental agencies,
having authority to construct
roadways and/or roadway
improvements within the City, to MICHIGAN AVE
construct such roadways or
improvements consistent with
the City's adopted LOS
standards. However, in the
mobility area as shown in Map H.
the City has determined that
instead of widening roads to
maintain adopted LOS standards, ... w
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Downtown Fort Myers Mobility EDISON AVE u.
Plan as adopted, and as may be

amended, and summarized
under Objective 11.

Standard 2.6.3.1) Acceptable levels of service for roadways and intersections within the City of
Fort Myers that are non-Florida Intrastate Highway System (FIHS) roads are:
Table 2: Level ofService Smndards Non-FIHS Roads

Classi.5cation Peak Hour/Peak Season/Peak Direction
Local c
Collector E
Arterial E
Limited Access E
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:
Table 3: Level ofService Smndards FIHS Roads1

Classification Peak Hour/Peak Season/Peak Direction
Urbanized
Transitioning c
Rural B
1 The City may seek variances to the level of service standards for the FIHS facilities as may be authorized under Florida
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

Proposed amendments per 2013 Downtown Fort Myers Mobility Plan and 2017 Surplus Capacity Progra m
implementation that will maintain the V/C ratio on the constra ined segment at or below 1.85.
Table 4: Constrained Roads Conditions

Roadway Segment Constrai11ed Co11ditioll
McGregor Blvd. City Limits to US 41 ROW, Scenic, Historic, Environmental
US41 City Limits to Caloosahatchee River ROW
West First Street McGregor Blvd. to US 41 ROW, Scenic, Aesthetic
SR-80 First Street US 41 to Seaboard Street ROW, Scenic, Aesthetic
Second Street Monroe St. to Palm Beach Blvd.
Colonial Blvd. McGregor Blvd to Six Mile Cypress ROW

Parkway
Dr. Martin Luther US 41 to Central Ave.
Kin Jr. Blvd.
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.

Policy 2.7) New development will not be permitted that causes traffic to exceed the adopted level of service of the
roadway system within the City, unless located within the "Existing Urban Service Area" (as shown on mapS of the
Concurrency Management System Element) or as addressed in Policy 2.11 or Policy 2.12 of this element.
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.
TRANSPORTATION: Adopted 17 Sep 07 Ordinance 3200,3419, xxxx PAGE 2-9

Standard 2.9.2.1) The number of access points, connection separation, proposed locations, and
design shall be determined in order to provide a) Smooth flow of through traffic; b) Minimal
conflicting movements; c) Automotive and pedestrian safety; and d) Adequate visibility and sight
distance. Reduced (or expanded) rights-of-way will be considered on a case by case basis. Relief
may be provided through specific corridor studies or through administrative procedures where
existing development or environmental concerns prohibit implementation of the connection
separation standards defined in Table 5. In the mobility area shown in Map H. these standards for
access points and connection separation will not apply.
Table 5: Connection Separation Standards

Classification Centerline Distance
Arterial 660'
Collector 330'
Local 125'
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

City Roadways
a) VeronicaS. Shoemaker Boulevard
b) Winkler Road (US 41 to Six Mile Cypress Parkway)
c) Forum Boulevard
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

as a source to help fund mobility improvements. The standards and procedures for the community benefit
requirements shall be outlined in the Land Development Code.
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]
TRANSPORTATION : Adopted 17 Sep 07 Ordinance 3200,3419, xxxx PAGE 2-12

AetieA 4.3.1) TRe Fert Myers Reelevelej3A'IeAt AgeAe; will eeAtiA~e te iA'Ij31eA'IeAt tf:le streetsea13e
iA'Ij3reveA'IeAt 13laR iA eeAj~AetieA witf:l tf:le DewAtewA Fert Myers PlaA. [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.

Future Roadway Facilities anerCias_sj~9~tions -2030
, .. __ Legend Map.s~ .Dd
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Proposed amendments per 2013 Downtown Fort Myers Mobility Plan and 2017 Surplus Capacity Progra m
Policy 5.2) Any transportation improvements proposed for McGregor Boulevard shall consider its qualities as a
special historic and scenic corridor.
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

Proposed amendments per 2013 Downtown Fort Myers Mobility Plan and 2017 Surplus Capa city Program
feasible and have been approved by the residents of the specific neighborhood. Funding for this program
may come from a variety of sources, including but not limited to MSTU/MSBUs, developer contributions,
special assessment districts, grants or other sources.
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.
TRANSPORTATION : Adopted 17 Sep 07 Ordinance 3200, 3419. xxxx PAGE 2-17

OBJECTIVE7
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.

Action 9.2.1) The City shall prepare annually a list of Transportation System Management Improvements
for the Capital Improvement Program.
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 11.3): The City supports the establishment of a bike-sharing program within the mobility area. as shown in
Map H. and will modify its regulations if necessary to accommodate bike docking stations in public rights-of-way.
Initial stations may include the Yacht Basin, the downtown library, the Rosa Parks Transportation Center, Publix at
First Street Village and the Edison-Ford Winter Estates.
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.

Proposed amendments per 2013 Downtown Fort Myers Mobility Pl an and 2017 Surplus Capacity Program
JOHNS Dll
ENGINEERING
Slt\CE 1946
MEMORANDUM
To: Laura DeJohn
Date: December 21,2016
Re: Downtown and Midtown Surplus Density Program
From: Ryan K. Bell, P.E. , PTOE ~u
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
-2-
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.
3) Revise Traffic Impact Statement (TIS) requirements for Developments within

Downtown and Midtown Surplus Density Program Areas- TIS requirements shall be
revised to require applicable developments to evaluate only expected V/C ratio.
4) Comprehensive Plan Amendments - See attached for recommended revisions.
-3-
Attachment No. 1
Potential Mobility Improvements
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.
Roadway and Intersection Improvements - Beyond widening there are additional

improvements that can be made to improve vehicular traffic flow as well as pedestrian and
bicycle traffic on existing roadways by providing better operational efficiency. Options include:
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
-4-
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:
Additional Bus Stops/Shelters

Additional Bus Routes
Hub Facility Improvements
Bus Rapid Transit (BRT) Roadway Improvements
Expanded Downtown Trolley Service
Multimodal/Rail Corridor Improvements
Water Taxi/Ferry Service
Park and Ride Facilities
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.
- 5-
AGENDA 20

Revis ed :
[gj Regular D Special D Workshop --
Quasi-Judicial D Yes [gj No
0Proclamations 0Consent 0Public 0City Council 0Permission [8]City Deity
Consideration
MOTION: Approve Community Development MANAGEMENT RECOMMENDATION:

Block Grant Program, Citizen Participation Approve
Plan 2015-2019, as required by the United
States Department of Housing and Urban
Development.
FUNDING SOURCE: N j A
FISCAL IMPACT: N j A
WHAT ACTION ACCOMPLISHES: Approves the Five Year Consolidated Plan, Citizens
Participation Plan 2015-2019.
BACKGROUND INFORMATION: The United States Department of Housing and Urban

Development (HUD) requires recipien ts of Community Development Block Grant (CDBG) funds
prepare a Citizen Participation Plan to ensure Federal funds a re spent in a manner that
maximizes benefits to the low income community. The Citizen Participation Plan guides the
public involvement process during the development of the CDBG program activities in the Five
Year Consolidated Plan and Annual Action Plan.
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.
Continued to Nex t Page D Yes [gl No

Person Initiating Request: Richard Moulton Department: Community Development
Michael Titmuss and Sharon Rozier Division: Housing and Real E s t ate
COUNCIL ACTION
Oath: 0
City of Palms
Community Development Block Grant Program
Citizen Participation Plan

2015-2019
Mayor: Randall P. Henderson, Jr.

Councilwoman: Teresa Watkins Brown
Councilman: Johnny W . Streets, Jr.
Councilwoman: Terolyn P. Watson
Councilman: Michael A. Flanders
Councilman: Forrest Banks
Councilman: Gaile H. Anthony
City Manager: Saeed Kazemi, P .E.
Prepared by:
City of Fort Myers
Community Development Department
1825 Hendry Street, Suite 101
August 15, 2014

Revised May 1, 20 17
City of Fort Myers Five Year Consolidated Plan Citizen
Participation Plan
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:
Purpose of the citizen participation plan
Citizen participation opportunities
Access to records
Complaints
Criteria for substantial amendments
Anti-displacement and Relocation Plan
I. Purpose of the Citizen Participation Plan
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 Five Year Consolidated Plan
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
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
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.
The Consolidated Annual Performance Report (CAPER)
The CAPER is an annual summary that discusses the accomplishments of projects

funded the previous fiscal year. The CAPER also discusses the amount of funds
budgeted for each project, expenditures, demographic information of beneficiaries,
2
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.
II. Citizen Participation Opportunities
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
Provide special accommodations to residents upon request
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
3
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.
Public Meetings round #1: Proposed Needs, Strategies, and Projects
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 public hearing will contain a discussion of the following items:
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 priority needs in the Consolidated Plan
The five-year strategies in the Consolidated Plan designed to address priority needs
A discussion of the programs or activities that are proposed to be funded
Public Meetings Round #2: Performance
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 public hearing will contain a discussion of the following items:
The amount of assistance the City received for the CDBG program (including program
income) during the previous program year.
The priority needs in the Consolidated Plan .
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 .
4
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
To make comments on these documents, citizens may:
Call Housing and Real Estate Division at (239) 321-7968
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)
E-mail comments to housing@cityftmyers.com
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 .
Amendments to the Five Year Consolidated Plan
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.
3. To change the purpose, scope, location, or beneficiaries of an activity previously

approved in an 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.........,
Public Community Others notices end Information Location of Plans

Type of document Leg~~INotices
Meetings resources for public for public revl-
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.
Clerk's OffiCe will run one

Copies of the plan will be provided on
legal notice in newspaper
Public Hearing will be advertised the City website, Downtown Library,
Consolidated Plan at least 30 days prior to
1 Public Hearing on City website local newspaper, Dunbar-Jupiter Library, and in the
Amendments Public Hearing and 30
community newspapers Community Development
day Public Comment
Department
period
Clerk's Office will run one meetings will be provided to
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
website.
Clerk's Office will run one

Copies of the plan will be provided on
legal notice in newspaper
Annual Action Plan Public Meeting will be advertised the City website, Downtown Library,
at least 30 days prior to
1 Public Meeting on City website and local Dunbar-Jupiter Library, and in the
Amendments Public Meeting and 30
newspaper Community Development
day Public Comment
Department
period
Clerk's Office will run one meetings will be provided to
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
website.

legal notice in newspaper Copies of the plan will be provided on
at least 30 days prior to Public Hearing will be advertised the City website , Downtown Library,
A ssessment of Fair
1 Public Hearing Public Hearing on City website and local Dunbar-Jupiter Library, and in the
Housing
advertising Public newspaper Community Development
Hearing and 30 day Department
Public Comment period
legal notice in newspaper Copies of plan will be provided on the
at least 15 days prior to Public Hearing will be advertised City website, Downtown Library,
Section 108 Loan 2 Public Hearings Public Hearing on City website and local Dunbar-Jupiter Library, and in the
advertising Public newspaper Community Development
Hearing and 15 day Department
public comment period
An Legal Notices arelldvertiHd In the kKal ~r. which Ia loc8l dd y ~

All Legal Notices contain lnfOIINtlon on the toc.t1ons to review pl8ns.
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 housing@cityftmyers.com 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.
V. Criteria for Substantial Amendment
The Consolidated Plan regulations consider certain amendments to be substantial amendments

that require a public comment period and additional citizen participation . The City of Fort Myers
defines a substantial amendment as changes in the use of CDBG funds, in excess of 30%, from
one eligible activity to another, planned or actual (91 .105 (c)(1 )).
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 City will also distribute information on the substantial amendment(s) to :
Local Affordable Housing Advisory Committee.
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.
8
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 :
The amount of guaranteed loan funds expected to be made available as a result of an

application for Section 108 Loan funds, including program income anticipated to be
generated by the activities carried out with guaranteed loan funds;
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.
A second Public Hearing will be held to formulate or respond to proposals and

questions.
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.
9
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.
Language translation services will be provided at meetings, such as public hearings,

where a significant number of non-English speaking residents may reasonably be
expected to participate .
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.
Public Comment Period
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
To make comments on these documents, citizens may:
Call the Housing & Real Estate Division at (239) 321-7968
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 .
E-mail comments to housing@cityftmyers.com
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 .
10
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 .
Anti-displacement and Relocation Plan
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).\
The demolition or conversion of low- and moderate-income dwelling units.\
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 .
The URA applies to:
1. Displacement that results from acquisition, demolition, or rehabilitation for HUD-assisted

projects carried out by public agencies, nonprofit organizations, private developers, or
others .
2. Real property acquisition for HUD-assisted projects (whether publicly or privately

undertaken).
3. Creation of a permanent easement or right of way for HUD-assisted projects (whether

publicly or privately undertaken).
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
Treated "unreasonably" as part of a permanent or temporary move.
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 .
What is a Displaced Person?

The term displaced person means any person that moves from real property or moves his or her
personal property from real property permanently as a direct result of one or more of the following
activities:
1. Acquisition of, or written notice of intent to acquire, or initiation of negotiations to acquire,

such real property, in whole or in part, for a project
2. Rehabilitation or demolition of such real property for a project
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.
Persons Not Eligible for Assistance
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.
12
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:
a. Such repairs or acquisition will benefit the tenant
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
Assure, whenever possible that occupants of buildings to be rehabilitated are offered

an opportunity to return
Plan substantial rehabilitation projects in "stages" to minimize displacement
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.
If the City temporarily displaces a low- or moderate-income household, that household

becomes eligible for certain relocation payments. The assistance applies to those persons
residing in the residence at the time the application is processed and is based on the
following procedures:
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.
One-For-One Replacement Dwelling Units
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 :
1. A description of the proposed assisted activity.
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.
Decent, Safe and Sanitary Dwelling
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:
1. Be structurally sound; weather tight, and in good repair.
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.
5. Contain unobstructed egress to safe, open space at ground level.
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.
7. Comply with lead-based paint requirements of 24 CFR Part 35.
Real Property Policies
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
The requirements in paragraph #2 below are met
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 .
4. Following the reimbursement of the federal program pursuant to paragraph #2 of this

section, the property is no longer subject to any federal requirements.
Real Property Acquisition
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).
What is Real Property Acquisition?
Real property acquisition is any acquisition by purchase, lease, donation, or otherwise,

including the acquisition of such interests as rights-of-way and permanent easements .
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

Revision Distribute d:
~Regular 0 Special 0 Workshop --
Quasi-Judicial 0 Yes ~ No
0Proclamations 0Consent 0Public 0City Council 0Permission ~City 0City
Consideration
MOTION: Approve t h e Interlocal Agreement MANAGEMENT RECOMMENDATION:
between Bonita Springs Fire Control and Approve.
Rescue District, Estero Fire Rescue District,
Fort Myers Beach Fire Control District, lona
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 for closest unit
response.
FUNDING SOURCE: N/A
FISCAL IMPACT: N/A
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 .
Continued to Next Page 0 Yes ~ No

Person Initiating Request: Vincent DiCristofalo, Department: Fire
Interim Fire Chief Division: Administration
COUNCIL ACTION
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, a closest unit response is defined as an emergency response within the

jurisdictional boundaries of any of the parties which is predetermined to be the closest unit that is
available to respond to an emergency scene and which is dispatched by the dispatching authority
first without regard to whether the emergency is occurring within the jurisdictional boundaries of
the responding party; and,
WHEREAS, the parties are desirous of defining their respective responsibilities and
liabilities in the event of a closest unit response on the part of one of the parties hereto; and,
WHEREAS, Chapter 163, Florida Statutes, authori zes the parties, as local government
entities, to enter into interlocal agreements with other local government entities.
NOW THEREFORE, in consideration of the mutual covenants and promises contained

herein, the parties agree as follows:
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
personnel , equipment and any other materials or items used and/or
operated in the perfom1ance of this Agreement, including any expenses for
loss or damage to such personnel equipment or materials.
7. The parties agree that each party shall bear all liability for acts undertaken
by its own personnel pursuant to the performance of their functions under

the terms of this Agreement. The parties agree that each party shall
indemnify, defend, save, and hold harmless, the other parties, their agents,
employees, and elected officials, against any and all claims, suits,
judgments, damages, losses and expenses, of any nature whatsoever,
because of bodily injury, including death at any time resulting therefrom,
sustained by any person or persons, or on account of damage to property ,
arising out of, because of, or due to any occurrences, errors, omissions,
commissions, and/or negligence of the parties and their personnel that is
due to the performance of their functions under the terms of this
Agreement. The parties agree that this provision shall not waive the
sovereign immunity of any of the parties or waive the benefits of 768.28,
Florida Statutes, or any other law, as said law may be amended from time
to time. Nothing contained herein shall constitute or be construed to
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
the perfonnance of their functions on behalf of the parties.
8. During or prior to an impending local or area-wide emergency or disaster

such as, but not limited to, a hazardous material incident, a hurricane, a
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
Agreement outside the party's jurisdictional boundaries so that the party
does not respond outside its jurisdictional boundaries on a temporary
basis. If a party is unable to provide a first unit response as described

above, it shall be the responsibility of said party to promptly notify the
appropriate dispatching authority that it is unable to respond to an
emergency as requested. A party to this Agreement who has temporarily
suspended closest unit response participation under this Agreement will
also notify the appropriate dispatching authority when the said party is
able to resume first unit response participation under the tenns of this
Agreement. The inability of a p a r t y to provide automatic first unit
response pursuant to this provision shall not be deemed to be in violation of
this Agreement. The detennination by a party of whether it is unable to
provide a first unit response pursuant to this provision shall be made in the
sole discretion of the party.
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
can unilaterally withdraw from this Agreement upon providing thirty
(30) days' advance written notice to all of the other parties. The
unilateral withdrawal of a party from this Agreement shall not affect the
operation of this Agreement with regard to the other parties hereto.

10. Any party who is required to provide written notice under this Agreement
shall provide said written notice to all of the other parties a t the following
addresses:
Bonita Springs Fire Control and Rescue District

27701 Bonita Grande Drive
Bonita Springs, Florida 34135
Estero Fire Rescue District

21500 Three Oaks Parkway
Estero, Florida 33928
Fort Myers Beach Fire Control District

100 Voorhis Street
Ft Myers Beach, Florida 33931
Iona McGregor Fire Protection and Rescue Service District

6061 South Pointe Boulevard
Sanibel Fire and Rescue District

2351 Palm Ridge Road
Sanibel, Florida 33957
San Carlos Park Fire Protection and Rescue Service District

19591 Ben Hill Griffm Parkway
South Trail Fire Protection and Rescue Service District

5531 Halifax A venue
Lehigh Acres Fire Control and Rescue District

636 Thomas Sherwin A venue S.
Lehigh Acres, Florida 33974
City of Fort Myers Fire Department

2033 Jackson St.
11. Thjs Agreement may be amended in the future to add additional parties or
additional mutual aid services.
12. Any amendment to this Agreement, in order to be effective, must be in

writing and duly executed by all of the parties to tills Agreement.
13. This Agreement is not intended to replace any existing mutual aid
agreement between any of the parties or between any of the parties and
any third parties, including the Lee County Mutual Aid Agreement that
was last revised on or about November 15, 1996.
14. Each party will com p 1y with a 11 a p p 1i cab I e Worker s
Compensation , employer 's liability, and other federal, state, county and
municipal laws, ordinances, rules and regulations.
15. The provisions of this Interlocal Agreement shall be construed so as to
affect the purposes as stated herein . The obligations conferred by the
provisions of t h i s I n t e r 1o c a I Agreement shall b e sup pIe men ta I
tot he powers conferred upon the Parties by other general, special or local
l aw.
16. This Interlocal Agreement shall be go ver n ed by and construed

inaccordance with the l aws ofthe StateofFiorida. Venueofany
legal proceeding shall be Fort Myers, Lee County, Florida.
17. If any provision of thi s Interlocal Agreement is held invalid by a cou11 of
competent jurisdiction, the remainder of the Interlocal Agreement shall not
be affected thereby, and all other parts of this Interlocal Agreement s hall
nevertheless remain in full force and effect.
I 8. This agreement may not be assigned by e ither party without the prior
written consent of the other party.
19. This Agreement s h all become effective upon the date of execution by the
respective parties, pursuant to all necessary prerequisite authorization. By
signing below, the parties verify that all necessary and prerequisite
authority and approva l has been granted by the appropriate decision-
making authority of the parties. ThisAgreement maybe executed
in multiple counterparts.
Appendix A
BONITA SPRINGS FIRE CONTROL AND RESCUE DISTRICT Date: -~--
27701 Bonita Grande Drive
Bonita Springs, Florida 34135
By: Name/ Title:

----------------------- -----------------------
CAPTIVA ISLAND FIRE CONTROL DISTRICT Date: -----
14981 Captiva Drive
Captiva, Florida 33924

By: ____________________ Name I Title:
----------------------
ESTERO FIRE RESCUE DISTRICT Date: -------
21500 Three Oaks Parkway
Estero, Florida 33928
By: Name I Title:

---------------------- -----------------------
FORT MYERS BEACH FIRE CONTROL DISTRICT Date: --- - - - -
I 00 Voorhis Street
Fort Myers Beach, Florida 33919
By: Name I Title:

---------------------- -----------------------
IONA MCGREGOR FIRE PROTECTION AND RESCUE SERVICE DISTRICT Date:
6061 South Pointe Boulevard
By: Name I Title:

----------- --- - -- - - - - - -
Appendix A (Cont.)
LEHIGH ACRES FIRE CONTROL AND RESCUE DISTRICT Date: - - - -
636 Thomas Sherwin Avenue South
Lehigh Acres, Florida 33974
By: Name I Title:

------------ - - - - - -- - - - - - -
SANIBEL FIRE RESCUE DISTRICT Date: -------
2351 Palm Ridge Road
Sanjbel, Florida 33957
By: Name I Title: - - - - - - - - - - - - - - - - -

-----------------------
SAN CARLOS PARK FIRE PROTECTION AND RESCUE SERVICE DISTRICT Date:
19591 Ben Hill Griffm Parkway
By: Name I Title:

----------------------- - - - - - - - ----------
SOUTH TRAIL FIRE PROTECTION AND RESCUE SERVICE DISTRICT Date: ------
5531 Halifax Avenue
By: - - - - - - - - - - - - - - - - - Name I Title: -----------------------

IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Agreement on the dates shown below to be
effective the day and year first shown above.

a Municipal Corporation ATTEST:
By:_ _ _ _ _ _ _ _ _ _ _ _ __
Randall P . Henderson, Jr. , Mayor Marie Adams, MMC, City Clerk
Date:_ _ _ _ _ _ _ _ _ _ _ _ __
By:_ _ _ _ _ __ _ _ _ __ _ __
Saeed Kazemi, City Manager
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
APPROVED AS TO FORM:
Grant Williams Alley, City Attorney
NAME OF VENDOR
Witness
By:_ _ _ _ _ _ _ _ _ _ _ _ __
(Type name of signee here)
Name: _ _ __ __ _ _ _ __ _
Title:_ __ _ __ _ _ _ _ _ _ __
Date: _ _ _ _ _ __ _ __ __ __
Name: _ _ _ _ _ _ __ _ _ __
CORPORATE SEAL
AGENDA 22

[8J Regular 0 Special 0 Workshop --
Quasi-Judicial 0 Yes [8J No
0Proclamations O consent 0Public 0City Council 0Permission !ZICity Deity
Consideration
MOTION: Approve City of Fort Myers MANAGEMENT RECOMMENDATION:
Internship Program. Approve.
FUNDING SOURCE: various department budgets
FISCAL IMPACT:
WHAT ACTION ACCOMPLISHES: Approves City of Fort Myers Internship Program.
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:
A chance to introduce new perspective and skills to the work environment

Additional human resources for important projects or seasonal workloads
A visible expression of good corporate citizenship
A way to enhance the reputation of the City as a forward-thinking employer
An opportunity to examine the performance of potential job candidates
The City of Fort Myers Internship Program will provide a minimum wage of $8.10 per hour for
selected interns.
Continued to Next Page 0 Yes [8J No

Person Initiating Request: Saeed Kazemi Department: City Manager
Division:
COUNCIL ACTION
Oath: 0
~
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
An intern is defined as a college referred , degree-seeking student, desiring a temporary

work assignment within City government in order to gain practical experience within a
particular field of study.
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 :
1. Clearly defined and carefully pla nned projects and/or duties;

2. Professionally enhancing tasks, with minimal routine clerical work;
3. Continuous training and mentoring.
4. Procedures and Requirements
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
Development and Notification of Internship Opportunities:
Departments and/or divisions that wish to offer an Internship opportunity shall be

responsible for the following :
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.
Intern Requisition Form
a. City departments seeking to provide college students with professionally

practical internship opportunities must complete and submit an "Intern
Requisition Form" in NeoGov. All available internship opportunities must be
posted on NeoGov for a minimum of five days. Human resources will also post
the opportunity with the appropriate educational institution.
Application for Internship
a. Applications will be available online through NeoGov. All applications and

resumes for intern positions will be accepted by the Human Resources
Department via the online recruitment system (NeoGov) .
a. An offer may only be extended by the Human Resources Department

contingent on an applicant passing all applicable pre and post-offer screening.
b. Reference Checks: References regarding previous employment, academic

standing, school records , etc., may be checked by the Human Resources
Department on all applicants.
c. Background Checks: Human Resources will conduct background checks for

applicants who are being considered . These checks may include, but are not
limited to Social Security check, Motor Vehicle Records , Statewide and
National Criminal background checks and educational checks.
d. Knowingly providing fraudulent or false statements on any application or

examination may be deemed cause for the exclusion of such application from
consideration or for terminating the internship.
e. The Human Resources Department may administer various tests designed to

measure a candidate's job skills, aptitude, and potential for successful work
performance.
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
a. All selection decisions shall be based on the match of the applicant's

coursework and declared degree concentration and prior related experience
and/or employment to the requirements of the respective job classification.
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
a. Must be currently seeking a degree in an area of study related to the posted

intern position and must provide proof of schoo l enrollment and all necessary
paperwork for compliance with the school's external learning credit
requirements;
b. Must be recommended via official correspondence from the referring

educational institution;
c. Must complete and submit an Internship Program application through NeoGov.

Submit to, and successfully complete a criminal history investigation and drug
testing. Departments utilizing the intern will be responsible for paying any
costs associated with the criminal investigation and drug test;
d. Must agree to adhere to all City policies.
e. Must be supervised by a City employee who will be the designated authority

who is responsible for the supervision and instruction of the intern.
Department Directors will be responsible for appointing the employee who will
supervise the intern while he/she is at the workplace.
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)).
Post-Placement- Department Responsibilities
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.
e. The supervisor shall be responsible for providing adequate supervision to support

the intern in accomplishing the learning objectives.
f. The supervisor should provide continuous feedback to the intern regarding

progress made towards the objectives.
g. The supervisor should evaluate the intern's knowledge , comprehension, and work
habits, including dependability, initiative, cooperativeness, and overall
performance.
h. The supervisor should be prepared to provide the academic institution with

progress reports and assessment of the intern at the end of the internship.
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.
b. Adhere to professional ethics and policies regarding handling confidential

information and data.
c. Assume personal and professional responsibility for their actions and activities.
d. Maintain professional relationships with employees and customers , both internal

and external.
e. Work on applying knowledge acquired in the classroom to real-world business

situations.
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.
Academic Institution Responsibilities
1. Provide to the intern appropriate documentation as required by the City.
2. Provide the City with all policies and procedures that they require so that the intern
may full participate in the Internship Program, including:
a. All appropriate forms associated with the academ ic institution's programs of

study;
b. Curriculum guidelines for the class in which credits desired;
c. Evaluation procedures so that supervisors may effectively assess student

perform a nee;
d. Policies and procedures as they relate to intern confidentiality or privacy.
3. Ensure the intern is granted appropriate time that may be devoted to the City's
Internship Program.
Focus on the Future
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
MEETING DATE: AQril 3, 2017 AGENDA ITEM NO. 23

WARD: All Revised : (Date & Time)
~Regular 0 Special 0 Workshop -
Quasi-Judicial 0 Yes ~ No
0 Proclamations 0Consent 0 Public 0City Council 0 Permission l81City D eity
& Special Hea rings Comments & to Advertise Manager's Attorney's
Consideration
MOTION: Adopt Citizens Police Review Board, MANAGEMENT RECOMMENDATION:
Ru les of Procedure by amending IV. Meetings, Adopt.
E. Procedure and VII. Inquiries and
Complaints (C) Complaints Received by the
Fort Myers Police Depar tment.
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 :
VII. Inquiries and Compla ints
(C) Complaints Received by the Fort Myers Police Department

1. Fort Myers Police Department shall a utomatically refer to the Board a ll closed
investigation reports on citizen complaints involving the following a llegations:
a. Use of deadly force
b. Alleged use of deadly force Alleged use of excessive force.
c. Any instance wherein police action results in death or ser ious bodily injury.
d . Any vehicle pursuit resulting in a traffic crash with death or bodily injury, and
Any comQlaint referred to it by a member of city council, city manager, or chief
of QOlice.
e. Alleged violation of Fort Myers Police Depa rtment Policies a nd Procedures
[ Any comQlaint selected by majority vote of the board for review.
g. Policies, Qrocedures, rules, regylations, general or SQecial orders Qertaining to
the u se of force and QOlice conduct toward the citizenry.
Continued to Next Page 0 Ye s ~ No

Person Initiating Request: Marie Adams Department: City Clerk
Division:
COUNCIL ACTION
Oath: 0
Back ground Information - Continued
Agenda Item No. 23
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".
III. OFFICERS AND THEIR DUTIES
A. The officers shall be a Chair and a Vice-Chair. The Board

Administrator shall be the city clerk, or designee.
B. The Chair shall preside over all meetings and shall have the
duties normally conferred by parliamentary usage of such
officers.
Presented to Citizens Police Review Board on March 14, 2017

Citizens Police Review Board - Draft
Rules of Procedure
C. The Chair shall have the privilege of discussing all matters

before the Board and shall have the same voting rights as
all Board members .
D. The Vice-Chair shall act in the absence of the Chair, and a
member selected from the Board may be designated in the
absence of the Chair and Vice-Chair.
IV. MEETINGS
A. Regular meetings shall be held once a month on the second

Tuesday of the month at 5:30 P.M. in the Fort Myers City
Council Chambers, unless there is no business or cases to
come before the board.
B. Special meetings may be called by the City Manager or
Chair.
C. Voting. Voting shall be by voice vote and shall be recorded
by individual "aye" or "nay". Each member shall vote on
every matter coming before the Board unless prohibited
from so doing pursuant to Section IV.(D) of these Rules.
D. Abstention. Pursuant to Section 112.3143, Florida
Statutes, a member is prohibited from voting in an official
capacity on any matter which would inure to his special
private gain and prohibited from knowingly voting in his
official capacity upon any measure which inures to the
special gain of any principal by whom he is retained.
E. 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 Qt-R 11th Edition.
Presented to Citize ns Police Review Board on March 14 , 2 01 7 2

Rules of Procedure
V. AGENDA/MEETING FORMAT
(A) The standard meeting format agenda shall be as follows:

1. Roll call
2. Minutes
3. Old Business
4. New Business/ Appearances
5. Presentation of New Inquiries
6. Other Business
7. Next Meeting Date
8. Adjournment
The order of business may be suspended by a vote of the
majority of the members present.
(B) The agenda of the regular meeting will be established not
less than ten (10) days prior to the meeting and shall be
placed on the public notice. All inquiries and complaints
received prior to the preparation of the agenda will be
included for discussion at the next scheduled meeting. All
inquiries and complaints will be heard at the next available
regular meeting in the order of their receipt.
(C) Upon placement of a complainant's case on the agenda, the
case will be heard at that meeting unless the Board
Administrator is contacted by the complainant, officers,
witnesses , or the Board by 5:00P.M. the day before the
Board meets and a request is made for continuance or
postponement of the matter to the next scheduled meeting
of the Board. Said continuance or postponement will only
be granted to the next scheduled meeting of the Board and
only one continuance/postponement of the case shall be
generated.
(D) The Board Administrator will offer all complainants and
opportunity to appear before the Board.
Presented to Citizens Police Review Board on March 14, 2017 3

Rules of Procedure
(E) An Appearance Request Form is provided by the Board
Administrator that must be completed and turned in to the
Board Administrator before addressing the Board. If an
attorney is to appear on behalf of an individual, the
attorney should file a Notice of .Appearance with the Board
Administrator before appearing before the Board.
VI. SPECIAL MEETINGS
(A) A special meeting may be called on the request of the City

Manager or the Ch air of the Board.
(B) Special meetings will be h eld in the City Council Chambers.
(C) Prior to scheduling a special meeting, the Board will r eview
the Fort Myer s Police Department Internal Affairs report, if
a r eport is available.
(D) Complainants, officer s and witnesses will be invited in
writing, three to five days in advance, to attend the s pecial
meeting to present t h eir statem ents. Officers shall not
participate if an internal affairs, civil or criminal case is
pending.
VII. INQUIRIES AND COMPLAINTS
(A) General Provisions

1. Complaints will not be heard more than one hundred
twenty (120) days after an incident has occurred.
This time limitation shall not include the period that
a complaint is being investigated by the Fort Myer s
Police Department Professional Standards or the
waiting period imposed by the Fort Myers Police
Department Professional Standards for disposition of
the criminal charges, provided the initial complaint

Rules of Procedure
to the Professional Standards was filed within one
hundred twenty (120) days of the incident.
2. The Board will not review anonymous complaints,
except as the Board otherwise agrees by consent of
two-thirds of the Board members voting.
3. Once the Board hears a complainant's inquiry and
the Board reaches a final decision, the matter shall
be considered closed. The findings of the Board and
participation in this process by a complainant, does
not affect the complainant's rights and ability to seek
redress through other appropriate means.
(B) Complaints received by the Board and/ or Board
Administrator
1. The Board Administrator will make a record of all
closed complaints and mqUines filed with
Professional Standards at the Fort Myers Police
Department. The Board Administrator will report to
the Board at its regular meetings on all complaints
received since the prior Board meeting.
2. All complaints, whether written or verbal, received by
individual board members or the Board
Administrator, will be referred to Professional
Standards at the Fort Myers Police Department for
intake and proces sing within five (5) days of receipt,
according to Florida Statute 112.533.
3. Upon receipt of the complaints, the Professional
Standards Bureau will process the complaint for
investigation if it alleges misconduct of an officer(s).
4. If the complaint form requests review of the Fort
Myers Police Department Policy and Procedure
pertaining to the use of force or police conduct
toward citizens, the Citizens Complaint Form will be
sent to the Professional Standards Bureau and will
Presented to Citizens Police Review Board on March 14, 2 0 17 5

Rules of Procedure
subsequently be placed on the Board agenda for

review by the Board, if the Board agrees to hear said
complaint by majority vote of the Board.
(C) Complaints Received by the Fort Myers Police Department
1. Fort Myers Police Department shall automatically
refer to the Board all closed investigation reports on
citizen complaints involving the following allegations:
a. Use of deadly force
b. Alleged use of deadly force Alleged use of excessive
force .
c. Any instance wherein police action results in death
or serious bodily injury.
d. Any vehicle pursuit resulting in a traffic crash with
death or bodily injury, and Any complaint referred to
it by a member of city council, city manager, or chief
of police.
e. Alleged violation of Fort Myers Police Department
Policies and Procedures
[. Any complaint selected by majority vote of the board
for review.
g. Policies, procedures, rules, regula tions, general or
special orders pertaining to the use of force and
police conduct toward the citizenry.
2. Professional Standards shall submit to the Board, at
regular meetings, its original log of formal
complaints, which have been completed and are now
public record.
VIII. NEW BUSINESS/APPEARANCES
Presen ted to Citizen s Police Review Board on March 14, 20 17 6

Rules of Procedure
(A) The agenda will include "New Business/ Appearances"

during which time complainants and their witnesses will be
scheduled to appear before the Board.
(B) All meetings will be recorded and minutes shall reflect only
the final action taken. The meeting shall not be televised.
(C) Witnesses appearing on behalf of complainants and officers
must have first hand knowledge of the incident that is the
subject of the hearing.
(D) A citizen complainant and/or police officer should submit
his or her list of witnesses, if any, to the Board
Administrator at least one (1) week pnor to the date at
which h e or she is scheduled to appear before the Board,
unless the Chair or a majority of the Board grants a special
exception.
(E) The format for appearances on complaints will be as
follows :
1. The Board Administrator or person authorized to
give oaths shall swear in the complainant, police
officers, and all witnesses.
2. A representative from Professional Standards will
present an overview to the Board on the complaint
and the investigation.
3. The complainant will be given ten (10) minutes to
present remarks (the Board will not ask questions at
this time).
4. Each witness for the complainant will be given
five (5) minutes to present remarks, followed by
questioning from the Board.
5. The police officer(s) against whom the complaint is
directed will be given ten (10) minutes to present
remarks (the Board will not ask questions at this
time).

Rules of Procedure
6. Each witness for the police officer(s) will be giVen

five (5) minutes to present remarks, followed by
questioning from the Board.
7. The Board may question the complainant and/ or
police officer(s) .
8. Upon the conclusion of all testimony concerning an
incident, the Chair shall lead the Board's discussion.
Any additional questions for the complainant, police
officer(s) or witnesses shall be directed by Board
members to the Chair who shall determine if a
majority of the Board desires to recall any party for
additional testimony.
9. Rules of evidence are not formally utilized in the
above process and cross-examination of the
complainant, the police officer(s), or any witnesses,
is not permitted.
(F) Following the review process, the Board shall, by majority
vote of members present, make a recommendation to the
Chief of the Fort Myers Police Department of any or all of
the following:
1. A recommendation for approval.
2. A recommendation for disapproval.
3. A recommendation for modification or amendment.
4. A recommendation for additional information,
additional investigation, or re-investigation
according to FS 112.532(6)(b).
(G) The Board shall submit a written report to the Chief of the
Fort Myers Police Department containing its
recommendation and the grounds for such recommendation
within subsection (F) above. Those members voting in the
majority will appoint a member to draft the report. Any
written dissenting opinions/recommendations shall be
signed and forwarded with the majority report.

Rules of Procedure
IX. ADMINISTRATIVE PROCEDURES
(A) When a case is to be reviewed by the Board, a letter should

be sent, via certified mail, return receipt requested, and
regular mail at least seven (7) days before the meeting, to
both the complainant and the officer(s) involved, inviting
them to attend the meeting when the case will be
discussed.
(B) Reports of closed Internal Affairs investigations, consistent
with public recor ds standards, will be provided to the Board
before any discussion of the case is held.
(C) The Board's report/minutes showing the Board's
recom mendation shall be sent to t h e Chief of the Fort Myers
Police Department following each meeting.
(D) If the Board makes a recommendation in its written report
for disapproval, modification, or amendment, or additional
investigation, the Board's report sh all state with specificity
the grounds for such recommendation.
(E) The Board Administrator will formally notify each
complainant in writing of the Board's action on the
complaint with a copy to be sent to the officer(s), City
Council, City Manager, and Police Chief.
X. POLICY REVIEW FOR THE CITIZENS REVIEW BOARD
(A) When Board policy changes are proposed, such shall be

reviewed by a committee composed of the Chair, Vice-Chair,
Board Administrator, and Staff Attorney .
(B) The committee shall review such proposed policy to
determine if it is needed and appropriately fits with the
existing Board policies.
Presented to Citizens Police Review Boa rd on March 14, 20 17 9

Rules of Proc edure
(C) If the committee determines that such policy should be

adopted, it shall be submitted to the full Board for
consideration p rior to being submitted to City Council for
appr oval.
XI. RETENTION OF BOARD FILES
(A) Retention of meeting files shall be in compliance with

Florida Public Records Law (Chapter 119, Florida Statutes)
and curren t and applicable Florida State Records
Schedules.
XII. ADDITIONAL TRAINING
Board member s sh all attend the For t Myers Citizen Police

Academy.

, AGENDA 24

WARDS: All Revised: (Date & Time)
_Quasi-Judicial D Yes 1:8] No
0Proclamations 0Consent 0Public Deity Council 0Permission i81City 0City
Consideration
MOTION: To be determined by City MANAGEMENT RECOMMENDATION:
Council. Presentation of early voting locations for the
2017 Primary and General Elections.
FUNDING SOURCE: N/A
FISCAL IMPACT: N/A
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:
Tuesday, September 5, 2017 10:00 A.M. TO 6 :00 P.M. EARLY

through VOTING FOR PRIMARY ELECTION
Saturday, September 9, 2017 Location(s) to be announced.
Monday, October 30, 2017 10:00 A.M. TO 6:00 P.M. EARLY

through VOTING FOR PRIMARY ELECTION
Saturday, November 4 , 2017 Location(s) to be announced.
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:
Continued to Next Page D Yes 1:8] No

Person Initiating Request: Saeed Kazemi, P.E. Department: City Manager
Division:
COUNCIL ACTION
Public Hearing Removed from Consent By: Item Continued To: Public Hearing Opened: 0
Continued To: Public Hearing Closed: 0
Oath: 0
Background Informa tion - Con tinued
Agenda Item No . 24
Motion: To be determined by City Council.
FACILITY ROOM ADDRESS WARD

The Housing Authority Board 4224 Renaissance Preserve Way 1
of the City of Fort Myers Room Fort Myer s, FL 3390 1
Dunbar Jupiter Meeting 3095 Blount Street 2
Ham mon Public Library Room Fort Myers, FL 33916
Fort Myers Regional Meeting 2450 First Street 4
Library Room Fort Myers, FL 3390 1
Fire Station No. 5 Commu nity 9700 Treeline Avenue 6
Room Fort Myers, FL 33913
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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4224 Renaissance
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Legend Date: 3/24/2017
* Early Polling Locations

Map for reference only and is not a Survey. The City of Fort Myers
makes no claims or guarantees about the accuracy or currency of
the information con tained on this ma p, and expressly disclaims
liability for errors and omissions.
1 0.5 0 1 Miles Source: Ci1y of F'orl Myers- GIS-

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AGENDA

CITY COUNCIL MEETING

FORT MYERS CITY COUNCIL

OSCAR M. CORBIN, JR. CITY HALL, 2200 SECOND STREET

Pledge of Allegiance to the Flag of the United

PROCLAMATIONS AND SPECIAL

1. Presentation to the 2016 Employee of the

2. Presentation on the Horizon Council by

3. Proclamation proclaiming April 2017 as

PUBLIC INPUT - NON-PUBLIC HEARING

Public Hearings: (There are no public hearings) I

CONSENT AGENDA (Item Nos . 4 -13)

Any Council Member may have an item

4. Minutes of the regular City Council

5. Approve Change Order No. 2, in the

6. Change Order No. 1, in the amount of

CONSENT AGENDA- Continued

7. Utilization of City of Jacksonville Request

8. Utilization of City of Naples Request for

9. Single source procurement of three

10. Acceptance and maintenance of potable

11. Acceptance and maintenance of potable

12. Amendment 2 to the City of Fort Myers

13. Work Experience Worksite Agreement

PUBLIC HEARINGS (on or about 5:15 o'clock

CITY COUNCIL COMMENTS AND ITEMS FOR

14. Discuss possible purchase of property for

15. Reappointment of Eileen Kelly Gabourel

16. Reappointment of John A. Noland ,

17. Report of 37 vacancies on citizens

18. Accept proposal, in the amount of

19. Permission to advertise for a transmittal

CITY MANAGER'S ITEMS

20. Community Development Block Grant

CITY MANAGER'S ITEMS - Continued

21. Interlocal Agreement between Bonita

22. City of Fort Myers Internship Program

23. Citizens Police Review Board, Rules of

24. Presentation of early voting locations for

CITY ATTORNEY'S ITEMS

Time allocated for public comment on

PUBLIC COMMENT- NON-AGENDA ITEMS:

PUBLIC COMMENT- NON-AGENDA ITEMS:

MEETING DATE: April 3, 20 17 AGENDA ITEM NO. !

WHAT ACTION ACCOMPLISHES: Recognizes 2016 Employee of the Year.

The Employee Recognition Review Committee is comprised of 12 members, one employee

Continued to Next Page ~ Yes D No

Meeting Date: April 3, 2017

Agenda Item No. 1

Motion: A motion is not required.

MEETING DATE: Ap ril 3, 20 17 AGENDA ITEM NO. ~

FUNDING SOURCE: N/A

FISCAL IMPACT: N/A

Continued to Next PageD Yes [8J No

WHAT ACTION ACCOMPLISHES: Proclaims April 2017 as National Healthcare Decisions

BACKGROUND INFORMATION: Al Rothstein, Academy of Florida Elder Law Attorneys , will be

Continued to Next Page DYes [gJ No

Wbereas, planning for unexpected events such as becoming incapacitated can

Wberras, an Advance Directive is a written or oral statement about how you

Wbrrl'a!>, there is a great need to educate the public on examples of Advance

Wberras, according to Florida law, hospitals, nursing homes, home health

Wberl'as, National Healthcare Decisions Day aims to help people understand

National Healthcare Decisions Month

3Ranball l9. jf;)rnberson, 3lr.