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CITY COUNCIL REGULAR

Monday, March 3, 2025 · Government meeting record

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CITY COUNCIL REGULAR

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MINUTES CITY OF FORT MYERS CITY COUNCIL REGULAR MEETING MARCH 3, 2025 CALL TO ORDER The City Council of the City of Fort Myers, Florida, met in regular session at Oscar M. Corbin, Jr. City Hall, 2200 Second Street, its regular meeting place in the City of Fort Myers, Florida, on Monday, March 3, 2025 at 4:30 p.m. Present were Mayor Kevin B. Anderson, presiding, Council Members Teresa Watkins Brown, Diana Giraldo, Terolyn P. Watson, Liston D. Bochette III, Fred Burson, and Darla Bonk. Also present were Marty Lawing, City Manager, Grant W. Alley, City Attorney, and Mary Hagemann, City Clerk. Absent: None. OPENING PRAYER/PLEDGE OF ALLEGIANCE The meeting was opened with prayer by Councilperson Bonk, followed by the Pledge of Allegiance. CITY ATTORNEY COMMENTS City Attorney Alley gave public edification on the three opportunities available for citizens to provide public input. 1. PROCLAMATIONS/SPECIAL PRESENTATIONS 1.1 Presentation of the 2024 Em ploy ee of the Year (Marvlyn Scott , Human Resources ) Marvlyn Scott, Human Resources Director presented the 2024 Employee of the Year Award to four employees that worked together fundraising for a coworker that faced an unfortunate family hardship: Amy Cureton, Janet Meyer, Captain Michael Walsh, and Lieutenant Arturo Gonzalez. 1.2 Proclaim March 2025 as National Procurement Month {May or Anderson } Mayor Anderson read the Proclamation and it was accepted by Denise Finn, Purchasing and Contracts Manager, and the Procurement Services Team. 1.3 Up date on the Housin g Authori ty of the Ci ty of Fort My ers and reco gnize the or g anization for 65 y ears of service to the communi ty, p resented by Marcia Davis , Executive Director (May or Kevin Anderson ) Marcia Davis, Housing Authority of the City of Fort Myers Executive Director, recognized the Housing Authority's Board Members, the 50th anniversary of the Veronica Shoemaker Florist, and the 65th anniversary of the Housing Authority. She gave a brief overview of the Board of Commissioners, what they are doing, communities, Choice Neighborhood Initiative (CNI) neighborhood boundary and investments, neighborhood

Minutes - City Council Regular Meeting March 3, 2025 2 I f'.:1 ge investment projects, the Commercial Center, and Community Development Block Grant-Disaster Recovery (CDBG-DR) projects. Mayor Anderson read a Proclamation to recognize the Housing Authority of the City of Fort Myers for 65 years of service to the community and it was accepted by Ms. Davis. 2. APPROVAL OF WALK-ON AGENDA ITEMS 2.1 Resolution 2025-30 su pp ortin g legi slation re q uirin g hands free cell and handheld device use while drivin g and p rovidin g for severabili ty and an effective date (May or Anderson ) MOTION: Councilperson Watkins Brown moved to approve Walk-On Item No. 2.1, to be placed on the agenda and heard as Item No. 7.9; seconded by Councilperson Giraldo; motion carried unanimously. PUBLIC INPUT - NON-PUBLIC HEARING AGENDA ITEMS Cit y Resident James Ink spoke to Item No. 7.2 and his concerns of non-compliance with the current lease. He noted that the permit submitted to the Army Corp of Engineer is different than what is in the lease. 3. CONSENT AGENDA (Any Councilperson may remove an Item from the Consent Agenda and place it on the Regular agenda for discussion following the Consent Agenda) 3.1 Minutes of the re gu lar meetin g held on Febru ary 3 , 2025 (M ary Ha g emann , Ci ty Clerk) 3.2 Chan ge Order No. 1. in the amount of $98 ,000.00 , to Purchase Order 0603-001678 increasin g the Purchase Order from $96 ,000.00 to $ 194 , 000.00 , for tem p or ary labor p ersonnel in the Parks Division, in accordance with the terms . conditions , and cost associated with Req uest for Prop osals No. 7033-15 , Tem p or arv Labor & Clerical Personnel . with Hire Quest LLC , dba Tro jan Labor (El gin Hicks , Parks & Rec) [MOVED TO THE REGULAR AGENDA] 3.3 SHI International Co rp Q uote No. 25714149 . in the amount of $ 10 ,874.63 , for p urchase of Op ensense , an email marketin g and com p liance p latform under the Omnia Partners Multi-State Coop erative Purchasin g Contract No. 2018011- 02 throu gh SHI. a women-owned value-added software reseller , for email com p liance mana gement and marketin g as p art of a lar g er brandin g and marketin g strate gy, for a term of one y ear (Rich Calkins , ITS} 3.4 Amended Sidewalk and Slope Easement between FS Q The Palms at Fort My ers , LLC and the City, for $ 30 ,500 . 00 p lus closin g costs , for sidewalks accessin g the John Yarborou gh Linear Park (JYLP) Trail located on the south side of the Winkler Avenue ri ght-of-way (Ward 4 } (Nicole Setzer , Public Works )

Minutes - City Council Regular Meeting March 3, 2025 3 I rag,_ 3.5 Amendment No. 1, in the amount of $ 38 ,500.00, to Su pp lemental Task Authorization No. 2 for Construction Mana ger-At-Risk Continuin g Contract L2 , RFQ No. 0027-23 , for p reconstruction services for the Ci ty of Palms Parkin g Gara ge Rep airs with Wharton-Smith . Inc. (Ward 4 ) {Nicole Setzer , Public Works ) Mayor noted a scrivener's error in the title and read the correct title: 3.5 Su pp lemental Task Authorization No. 2 , in the amount 0 {$ 38 ,500.001 f or Construction Mana g er-At -Risk Continuin g Contract L2 , RFO No. 0027-23 . for preconstruction services f or the Cit y of Palms Parkin g Gara ge Rep airs with Wharton-Smith , Inc. ( Ward 4) (Nicole Setzer. Public Works }. 3.6 Amendment No. 2 . in the amount of $418 ,800.00, increasin g contract from $474 , 094.00 to $892 ,894.00 , to Req uest for Q ualifications No. 0011-22 . Serena Park - Utility, Roadway and Draina ge Im p rovements , with Barraco and Associates , Inc. for construction en gi neerin g and ins p ection {Wards 2 & 3) (Nicole Setzer , Public Works) 3.7 Amendment No. 2 , in the amount of $ 170 ,276.12 and 30 calendar da ys , increasin g the contract from $1, 831,692.04 and 410 calendar day s to $2 ,001,968 . 16 and 440 calendar days , to Su pp lemental Task Authorization No. 1 to Construction Mana ger-at - Risk Continuin g Contract , RF Q #0027-23 , with Wrig ht Construction Grou p, Inc. , for p rovidin g additional services under their Guaranteed Maximum Price contract associated with millin g, resurfacing , and stri p in g im p rovements at the Winkler Avenue and Province Park Boulevard intersection (Wards 2 , 3 , and 5) {Nicole Setzer . Public Works) MOTION: Councilperson Bonk moved to approve the Consent Agenda with the exception of Item 3.2; seconded by Councilperson Watkins Brown; motion carried unanimously. REGULAR AGENDA 3.2 Chan ge Order No. 1. in the amount of $98 ,000.00, to Purchase Order 0603-001678 increasin g the Purchase Order from $96 ,000.00 to $ 194 ,000.00, for tem p or ary labor p ersonnel in the Parks Division, in accordance with the terms , conditions , and cost associated with Req uest for Prop osals No. 7033-15 , Tem p orary Labor & Clerical Personnel, with Hire Q uest LLC , dba Trojan Labor (Elgin Hicks , Parks & Rec) Councilperson Watkins Brown inquired if temporary employees could provide adequate help while continuing to develop more programs. Councilperson Bonk asked what the delay was in bringing this item forward for approval as the invoice is dated last year and why there has not been a formal solicitation for temporary agencies since 2020. Elgin Hicks, Parks and Recreation Director replied that this change order is only for the Parks Division because during the previous budget process it was decided to only budget for temporary employees for half of the year in anticipation of converting temporary employees to permanent City employees. However, after deliberation with Human Resources staff it was determined that it was not feasible to convert these temporary employees at this time hence this change order request. These temporary employees have worked for the City consistently therefore no programming or level of service will

Minutes - City Council Regular Meeting March 3, 2025 4lf'ogt- be lost. There has not been a formal solicitation process conducted for temporary labor due to the City's attempt to convert temporary staff to permanent staff, however, now that it has been determined that these employees should remain temporary, there will be a formal solicitation process. He mentioned that all other Parks and Recreation Divisions have eliminated temporary labor. MOTION: Councilperson Watkins Brown moved to approve Change Order No. 1, in the amount of $98,000.00, to Purchase Order 0603-001678 increasing the Purchase Order from $96,000.00 to$ 194,000.00,for temporary labor personnel in the Parks Division, in accordance with the terms, conditions, and cost associated with Request for Proposals No. 7033-15, Temporary Labor & Clerical Personnel, with Hire Quest LLC, dba Trojan Labor; seconded by Councilperson Bonk; motion carried unanimously. 4. CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 4.1 Distribution of Ward 4 discretion ary funds , in the amount of $ 500.00 , to the Fort My ers Film Festival (Councilmember Bochette ) MOTION: Councilperson Bochette moved to approve the distribution of Ward 4 discretionary funds, in the amount of $500.00, to the Fort Myers Film Festival; seconded by Councilperson Watkins Brown; motion carried unanimously. 4.2 Distribution of Ward 5 Discretion ary Funds , in the amount of $5 ,000.00 , to Fort My ers American Youth Baseball (Council p erson Burson , Ward 5) Councilperson Burson explained that these funds will be used to replace a double-wide mobile office at Sam Fleishman Baseball Complex that was destroyed during the hurricane and never been replaced. Suncoast Beverage Sales has donated a double wide building to the City of Fort Myers to replace the destroyed building and the cost to move the building to Sam Fleishman Baseball Complex is $23,000.00. The American Youth Baseball can provide $13,000.00, he is giving $5,000.00, and Suncoast Beverage Sales will provide the remaining cost to move the building. This is an investment in the City. MOTION: Councilperson Burson moved to approve the distribution of Ward 5 Discretionary Funds, in the amount of $5,000.00, to Fort Myers American Youth Baseball; seconded by Councilperson Bonk; motion carried unanimously. 4.3 Rea pp oint David Meo to the Public Art Committee , term effective March 3, 2025 through March 2 , 2028 (Councilmember Giraldo) MOTION: Councilperson Giraldo moved to approve the reappointment of David Meo to the Public Art Committee, term effective March 3, 2025 through March 2, 2028; seconded by Councilperson Watkins Brown; motion carried unanimously. 4.4 Status of adviso ry boards (Lilliana Baker , De pu ty City Clerk)

Minutes - City Council Regular Meeting March 3, 2025 5 I I',.. g .• Lilliana Baker, Deputy City Clerk advised that there are 39 vacant board and committee seats out of 141 wherein seven applications are currently being processed and one was approved tonight. 5. PUBLIC HEARINGS 5.1 Purchase and Sale Agreement between the City of Fort Myers (Seller} and Catalyst Community Development, LLC (Buyer} for $11,500,000.00, for the disposition of 9.84 +/- acres of the former News-Press Site and Old Fire Station No. 1. located at 2442 and 2404 Dr. Martin Luther King, Jr. Boulevard, respectively, in the Downtown Community Redevelopment Area (CRA) (Ward 4} (Marty K. Lawing, City Manager} Mayor Anderson opened public comments for this public hearing. Dr. Aaron Howard, owner of adjacent property (former Lee County School Board building), requested a 60-day extension for the purchase and sale of the property. James Zboril requested a 60-day extension to allow an opportunity to collaborate with Joe Bonora and include Dr. Howard's property in the development of this project. Cynthia Roe requested a 60-day extension and expressed that the development of this property be a community-orientated project for all ages. Lana Cowell, Dan O'Berski, William Joe Shotmiller, and Jessical Turner, spoke in support of Item No. 5.1 and Item No. 5.2 and commended the City for understanding the need for diverse housing that includes market rate, affordable, and work force housing. Mayor Anderson closed the public comments. Councilperson Burson inquired why the due diligence period is six months and the development approval period is eighteen months if the property is being sold as is. Joe Bonora, Catalyst Community Development replied that an active railroad spur has been discovered on the property which cannot be moved and there is a stormwater line that runs underneath the property that cannot be built upon which will need to be relocated or encapsulated. The purpose of the due diligence period is to find other possible issues that may arise before more planning is done. If they get the development approvals before 18 months, they will close earlier although there is a lot of other agencies involved besides the City during that time. Councilperson Burson felt that the $50,000.00 deposit is not a proper percentage for an $11 million dollar purchase and if extensions are requested that an additional deposit should be applied to the purchase price, belong to the City, and not be refundable. Mr. Bonora replied that he can negotiate that with the City Manager. Councilperson Watson asked about the storm drainage location and whether the project could be extended for 60 days as Dr. Howard requested in his public comments. Mr. Bonora replied that the storm drain goes through the adjacent property as well as and it has been discussed with the City that the Midtown utility improvements will include

Minutes - City Council Regular Meeting March 3, 2025 6 I !" c ~, - a stormwater line relocation along Avenue A so that both properties could get developed fully. Mr. Bonora replied that he is willing to collaborate with Dr. Howard to develop the project after the contract is signed although he is not in favor of extending the contract for 60 days. MOTION: Councilperson Bonk moved to approve the Purchase and Sale Agreement between the City of Fort Myers (Seller) and Catalyst Community Development, LLC (Buyer)for $11,500,000.00,for the disposition of 9.84 +/• acres of the former News-Press Site and Old Fire Station No. 1, located at .2442 and 2404 Dr. Martin Luther King, Jr. Boulevard, respectively, in the Downtown Community Redevelopment Area (CRAJ; AND direct Cit y Mana g er La.win g and Joe Bonora to discuss revising the terms to the de p osit amount and schedule; seconded by Councilperson Bochette; A roll call vote was taken: Councilperson Watkins Brown - Yes; Councilperson Giraldo - Yes; Councilperson Watson· No; Councilperson Bochette - Yes; Councilperson Burson - Yes; Councilperson Bonk - Yes; and Mayor Anderson - Yes; motion carried 6-1. Councilperson Watson opposed. 5.2 SECOND PUBLIC HEARING: Develop ment Agr eement between the Ci ty of Fort My ers , Florida , a munici p al cor p oration of the State of Florida and Catal y st Communi ty Develop ment , LLC , a Florida Limited Liabili tv Com p an y for the redevelo p ment of a 9.84 acre site at the corner of Dr. Martin Luther Kin g, Jr. Boulevard and Fowler Street (Ward 4} {Mar ty K. Lawin g, Ci ty Mana ger ) Mayor Anderson opened public comments for thi,s public hearing. Lana Cowell, Dan O'Berski, William Joe Shotmiller, and Jessica! Turner, spoke in support of Item No. 5.1 and Item No. 5.2 and commended the City for understanding the need for diverse housing that includes market rate, affordable, and work force housing. Mayor Anderson closed the public comments. MOTION: Councilperson Bonk moved to approve a Development Agreement between the City of Fort Myers, Florida, a municipal corporation of the State of Florida and Catalyst Community Development, LLC, a Florida Limited Liability Company for the redevelopment of a 9.84 acre site at the corner of Dr. Martin Luther King, Jr. Boulevard and Fowler Street; seconded by Councilperson Giraldo; A roll call vote was taken: Councilperson Watkins Brown - Yes; Councilperson Giraldo - Yes; Councilperson Watson • No; Councilperson Bochette - Yes; Councilperson Burson - Yes; Councilperson Bonk - Yes; and Mayor Anderson- Yes; motion carried 6-1. Councilperson Watson opposed. 6. PERMISSION TO ADVERTISE 6.1 Permission to Advertise Ordinance No. 4042 for a p ublic hearin g on March 1 7 , 2025 , rezonin g 4.31 +/ - acres located at 4750 Laredo Avenue from Li ght Industrial (I L} Zonin g Desi gn ation to Heavy Industrial (IHI {Q uasi-Judicial } (Ward 1l (Steve Belden , Communi ty Develop ment )

Minutes - City Council Regular Meeting March 3, 2025 7 I I',, k, City Attorney Alley read the title of the Ordinance. MOTION: Councilperson Watkins Brown moved to approve a Permission to Advertise Ordinance No. 4042 for a public hearing on March 17, 2025, rezoning 4.31 +/- acres located at 4750 Laredo Avenue from Light Industrial (IL) Zoning Designation to Heavy Industrial (IH); seconded by Councilperson Giraldo; motion carried unanimously. 6.2 Permission to advertise Ordinance No. 4043 for a p ublic hearin g on March 17, 2025 . amendin g the Future Land Use Ma p to add a 5.21 acre , more or less , p arcel located at Securi ty Court (formall y 4565 Dr. Martin Luther King, Jr . Boulevard ) and assi gn the Ci ty of Fort My ers Industrial (IND) Future Land Use desi gn ation , as re q uested by Cindy Leal Brizuela , with EnSite , Inc. , re p resentin g Michael J Alessio & Jose ph Alessio , the p ro p ert y owners (Q uasi -Judicia l) (Ward 1) (Steve Belden , Communi ty Develop ment ) City Attorney Alley read the title of the Ordinance. MOTION: Councilperson Bonk moved to approve a Permission to Advertise Ordinance No. 4043 for a public hearing on March 17, 2025, amending the Future Land Use Map to add a 5.21 acre, more or less, parcel located at Security Court {formally 4565 Dr. Martin Luther King, Jr. Boulevard) and assign the City of Fort Myers Industrial (IND) Future Land Use designation, as requested by Cindy Leal Brizuela, with EnSite, Inc., representing Michael J Alessio & Joseph Alessio, the property owners; seconded by Councilperson Watkins Brown; motion carried unanimously. 6.3 Permission to Advertise Resolution No. 2025-23 for a public hearin g on March 17 , 2025 , vacatin g a 0 . 002 acre (87.4 s q uare feet ), more or less , p ortion of right-of-wa y, located at the northeast q uadrant of State Road 82 and Benchmark Avenue (Q uasi Judicial ) (Ward l l (Steven Belden , Communi ty Develop ment} City Attorney Alley read the title of the Resolution . MOTION: Councilperson Watkins Brown moved to approve a Permission to Advertise Resolution No. 2025-23 for a public hearing on March 17, 2025, vacating a 0.002 acre (87.4 square feet), more or less, portion of right-of-way, located at the northeast quadrant of State Road 82 and Benchmark Avenue; seconded by Councilperson Bonk; motion carried unanimously. 6.4 Permission to advertise Resolution No . 2025- 25 for a p ublic hearin g on Ap ril 7 , 2025 , renamin g a se gm ent of Challen ger Boulevard {Colonial Boulevard to Winkler Avenue ) to Jones-Walker Boulevard {W ard 5) (Steven Belden , Communi ty Develop ment ) City Attorney Alley read the title of the Resolution. MOTION: Councilperson Giraldo moved to approve a Permission to Advertise Resolution No. 2025- 25 for a public hearing on April 7, 2025, renaming a segment of Challenger Boulevard (Colonial Boulevard to Winkler Avenue) to Jones-Walker Boulevard; seconded by Councilperson Watkins Brown; motion carried unanimously.

Minutes - City Council Regular Meeting March 3, 2025 8 I I' o g • 7. CITY MANAGER'S ITEMS 7.1 Resolution No. 2025-26 amendin g the bud get for the fiscal y ear endin g Se p tember 30 , 2025 . establishin g a bud g et , in the amount of $ 13, 093 , 500.00 . p er the subreci p ient a greement with Lee Coun ty creatin g the Salvation Army Center of Hope Cam p us p ro ject with Communi ty Develop ment Block Grant Disaster Recove ry fundin g AND Accep tance of a subreci p ient a gr eement between the Lee Coun ty Board of Coun ty Commissioners and the Ci ty of Fort My ers for Communi ty Develop ment Block Grant Disaster Recove ry Grant fundin g for the Salvation Arm y Center for Hope Cam p us , in the amount of $ 13 ,093 , 500.00 {J essica McElwee , Grants Administration ) City Attorney Alley read the title of the Resolution. MOTION: Councilperson Watson moved to adopt Resolution No. 2025-26 amending the budget for the fiscal year ending September 30, 2025, establishing a budget, in the amount of $13,093,500.00, per the subrecipient agreement with Lee County creating the Salvation Army Center of Hope Campus project with Community Development Block Grant Disaster Recovery funding AND Acceptance of a subrecipient agreement between the Lee County Board of County Commissioners and the City of Fort Myers for Community Development Block Grant Disaster Recovery Grant funding for the Salvation Army Center for Hope Campus, in the amount of $13,093,500.00; seconded by Councilperson Bonk; motion carried unanimously. 7.2 Pro ject Up date from Fort My ers SMI, LLC on the Fort My ers Yacht Basin and Amendment to the Ground Lease Ag reement between the City of Fort My ers and Fort My ers SMI. LLC . extendin g the a pp roval p eriod for one y ear to April l 1 2026 {J ohn Le ge, Assistant City Mana ger} John Lege, Assistant City Manager, reported that the City and Fort Myers SMI, LLC entered into a Ground Lease Agreement on April 1, 2023 for the renovation of the Fort Myers Yacht Basin. Section 5.3 of the Lease defines the Approval Period, which is to pursue all necessary, final, non-appealable rezonings, land use plan modifications, site plan approvals , variances , special exceptions, consents, approvals, permits (other than building permits), licenses, or approvals of any kind required by any Applicable Authorities for the commencement and prosecution of construction of the Lease Improvements for the Permitted Use. Permits have been submitted to the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers (ACOE). Because of the delay in receiving approvals from the ACOE, they will not be able to receive the necessary approvals by April 1, 2025 . Therefore, the Lessee has requested an extension of the Approval Period for one year to April 1, 2026. Mr. Lege introduced Eric Metz, Fort Myers SMI, LLC doing business as Suntex, to provide a presentation . Sawyer Smith, Esquire, Wilbur Smith Law Firm, representing Suntex, stated that he recently met with Representative Byron Donalds and Senator Ashley Moody to try and get help expediting this ACEO permit. He read through Section 8 .5 in the contract which addresses unavoidable delays.

Minutes - City Council Regular Meeting March 3, 2025 9 I I',. g r Mr. Metz stated that the ACOE permitting process takes time and patience specifically with complicated projects such as this and the delay is unavoidable. He gave a brief overview of their progress, schedule, and conceptual site plan. He noted that they intend to submit the site plan applicants this month. Councilperson Burson questioned whether the ACOE permitting process will be finished in a year as he does not want them coming back in a year asking for another extension. Mr. Metz replied that they have submitted to ACOE several options and are confident one of those options will be approved. Mr. Smith replied that they wanted to ask for an 18-month extension however, the City Manager only wanted 12-months. Councilperson Burson noted that part of the contract was to pay off the Yacht Basin bond, however it has not been paid yet and felt that the bond interest paid to this point should be paid. Mr . Smith replied that they are contracted to pay that, however, they have the right to request an extension when it is outside of their control. Mr. Metz stated that at this time they are paying for due diligence and honoring the contract. City Attorney Alley mentioned that the commencement date on the agreement stated that it shall not occur later than the expiration of the Approval Period as defined in section 5.3. Mr. Metz replied that it is a percentage rent and at this time the City is getting 10% gross revenue on wet leases and 10% gross revenue on upland leases. Councilperson Bochette suggested that the City Manager meet with Planning Board Member James Ink as he is experienced with marinas. MOTION: Councilperson Bonk moved to approve an Amendment to the Ground Lease Agreement between the City of Fort Myers and Fort Myers SMI, LLC, extending the approval period for one year to April 1, 2026; seconded by Councilperson Watson; A roll call vote was taken: Councilperson Watkins Brown - Yes; Councilperson Giraldo - Yes; Councilperson Watson - Yes; Councilperson Bochette - Yes; Councilperson Burson - No; Councilperson Bonk - Yes; and Mayor Anderson - Yes; motion carried: 6-1. Councilperson Burson opposed. 7.3 Req uest waiver of im p act fees , excludin g water / sewer im p act fees , in the amount of $ 594,418.47; waiver of buildin g p ermitfees , in the amount of $216 , 112.18; and fundin g contribution from the Affordable Housin g Trust Fund , in the amount of $ 450 ,294 , for p artial pa ym ent of water / sewer connection fees to the Housin g Trust Grou p for the develop ment of Le gacy Park II. 130 senior affordable a p artments (Ward 41 (Steven Belden , Communi ty Develop ment ) Steven Belden, Community Development Director, reported that this is a three-part request: (1) Water/Sewer Connection Fees: A cost share between the City and the developer with 60% paid by the Affordable Housing Trust Fund (AHTF) in the amount of$450,294.00 and 40% paid by the developer in the amount of$300,196.00; (2) Impact Fee Waiver: Does not include water and sewer impact fees but does include road, fire, EMS, school, regional park, community park, and administrative at a total of $594,418.47; (3) Building Permit Fee Waiver: Two building permits and two site permits at a total of $216,112.18. The total request is $1,260,824.65 of that the actual hard cost is $450,294.00 from the AHTF. He reviewed the AHTF commitments to date. Councilperson Bochette asked who is paying for the project. Mr. Belden replied that funding for the Legacy Park II development is provided by $21,996,950.00 in syndicated 4% bond proceeds, a $8,744,000.00 permanent loan from Grandbridge, $8,300,000.00

Minutes - City Council Regular Meeting March 3, 2025 10 I ,, 8 k , - in Rental Recovery Loan Program (RRLP) proceeds, $1,053,900.00 in Extremely Low Income (ELI) loan proceeds, and $10,270,000.00 in Community Development Block Grant - Disaster Relief (CDBG-DR) funds. Terry Cramer, Esquire, Wilbur Smith Law Firm , representing the Housing Trust Group, LLC, introduced Ariel Fraynd, Housing Trust Group, LLC Vice President of Development, to present the project, financing, and the need for the request. Mr . Fraynd gave a brief overview of the Housing Trust Group, Legacy Park II development summary, site plan, site #1 - 80 units, site #2 - 50 units, sources and uses, waiver requests , and AHTF contribution , development timeline, and Florida Statutes 163.31801 and 420.9071. City Manager Lawing asked what their tax status will be for paying property taxes. Mr . Fraynd replied that they will be signing a 99-year ground lease with Florida Housing Finance Corporation ensuring the affordability of the property and a total property tax exemption. Councilperson Giraldo stated that she must recuse herself from voting on this item on the advice of legal counsel. MOTION: Councilperson Bonk moved to approve waiver of impact fees, excluding water/sewer impact fees, in the amount of $594,418.47; waiver of building permit fees, in the amount of $216,112.18; and funding contribution from the Affordable Housing Trust Fund, in the amount of $450,294, for partial payment of water/sewer connection fees to the Housing Trust Group for the development of Legacy Park II, 130 senior affordable apartments; seconded by Councilperson Watkins Brown; A roll call vote was taken: Councilperson Watkins Brown - Yes; Councilperson Giraldo - Recused; Councilperson Watson - Yes; Councilperson Bochette - No; Councilperson Burson - No; Councilperson Bonk - Yes; and Mayor Anderson- Yes; motion carried: 4-2-1. Councilperson Bochette and Councilperson Burson opposed. Councilperson Giraldo recused and Form Sb will be submitted and filed with the City Clerk's Office within 15 days. 7.4 Req uest waiver of im p act fees , excludin g water I sewer im p act fees , in the amount of $1, 603 ,4 15.27; waiver of buildin g p ermit fees ; and fundin g contribution from the Affordable Housin g Trust Fund , in the amount of $ 1,246 ,968 . 00 , for p artial pa ym ent of water / sewer connection fees to Eastwood 1, LLC , for the develop ment of Reserve at Eastwood , consistin g of 360 affordable a p artments (Ward 2) (Steven Belden , Communi ty Develop ment ) Councilperson Giraldo stated that she must recuse herself from voting on this item on the advice of legal counsel. MOTION: Councilperson Bonk moved to approve waiver of impact fees, excluding water/sewer impact fees, in the amount of $1,603,415.27; waiver of building permit fees; and funding contribution from the Affordable Housing Trust Fund, in the amount of $1,246,968.00, for partial payment of water/sewer connection fees to Eastwood 1, LLC, for the development of Reserve at Eastwood, consisting of 360 affordable apartments; seconded by Councilperson Watkins Brown; A roll

Minutes - City Council Regular Meeting March 3, 2025 11 1 JJ :-1 r , call vote was taken: Councilperson Watkins Brown - Yes; Councilperson Giraldo - Recused; Councilperson Watson - Yes; Councilperson Bochette - No; Councilperson Burson - No; Councilperson Bonk - Yes; and Mayor Anderson - Yes; Motion carried: 4-2-1. Councilperson Bochette and Councilperson Burson opposed. Councilperson Giraldo recused and Form Sb will be submitted and filed with the City Clerk's Office within 15 days. 7.5 Chan ge Order No. 1, in the amount of $89 ,500.00 , to Tetra Tech Inc. Work Assi gn ment No. 2024-001 increasin g the Purchase Order No. 1101-002191 from $ 38 ,210.00 to $ 127 ,760.00 for Hurricane Helene and Hurricane Milton Public Assistance Su pport , increasin g the p ro ject sco pe of work and extendin g the pro ject term throu gh December 31, 2025 (Chief Trac y McMillion. Fire ) Councilperson Bonk asked if this is an increase above $500,000.00 or if this a different amount. Tracy McMillion, Fire Chief and Emergency Management Director replied that for Hurricane Ian it is to come before Council in $500,000.00 increments. On January 6, 2025, the City Council approved Work Assignment No. 2024-001 with Tetra Tech in the amount of $38,210.00 and once over the $100,000.00 threshold of the City Manager's authority, it must come to Council for approval. He noted that there may be another potential change order soon. OTION: Councilperson Bonk moved to approve Change Order No. 1, in the amount of $89,500.00, to Tetra Tech Inc. Work Assignment No. 2024-001 increasing the Purchase Order No. 1101-002191 from $38,210.00 to $127,760.00 for Hurricane Helene and Hurricane Milton Public Assistance Support, increasing the project scope of work and extending the project term through December 31, 2025; seconded by Councilperson Watkins Brown; Motion carried: 6-0. Councilperson Giraldo was not present for the vote. 7.6 Purchase of two (21 Pierce Manufacturin g Saber Pum p ers utilizin g the NPPGPOV Loe Contract PS20240 Model Code 3.03 , Job #43525 , in the amount of $ 1,918 ,958.00. and p urchase of Direct Material Pricin g (DMP) Eq ui p ment , in the amount of $411 ,000.00 , for a total not to exceed p ro ject cost of $2 ,329 ,958.00 (Chief Trac y McMillion , Fire) Councilperson Bonk asked if this is being secured upfront so that the rate is guaranteed. Tracy McMillion, Fire Chief and Emergency Management Director replied that this will secure the rate allowing time for the trucks to be built and that the lease payment is not due until 2026. MOTION: Councilperson Bonk moved to approve the purchase of two (2) Pierce Manufacturing Saber Pumpers utilizing the NPPGPOV Loe Contract PS20240 Model Code 3.03, Job #43525, in the amount of $1,918,958.00, and purchase of Direct Material Pricing (DMP) Equipment, in the amount of $411,000.00, for a total not to exceed project cost of $2,329,958.00; seconded by Councilperson Watkins Brown; Motion carried: 6-0. Councilperson Giraldo was not present for the vote.

Minutes - City Council Regular Meeting March 3, 2025 12 I lj ;:i ,, , 7.7 Amendment No. 1. in the amount of $92 ,366.00 , to Su pp lemental Task Authorization No. 37 , increasin g the contract from $247 ,656.00 to $340 ,022.00 . for Professional Services Agr eement Continuin g Contract for Engineer of Record for the Water Treatment Plant, Req uest for Q ualifications No. 0007 -20 for the increase in sco pe for Lead and Co pp er Rule Revisions Su pp ort with Black & Veatch Corporation (Richard Moulton . Public Utilities} MOTION: Councilperson Bonk moved to approve Amendment No. l, in the amount of $92,366.00, to Supplemental Task Authorization No. 37, increasing the contract from $247,656.00 to $340,022.00, for Professional Services Agreement Continuing Contract for Engineer of Record for the Water Treatment Plant, Request for Qualifications No. 0007 -20 for the increase in scope for Lead and Copper Rule Revisions Support with Black & Veatch Corporation; seconded by Councilperson Watkins Brown; Motion carried: 6-0. Councilperson Giraldo was not present for the vote. 7 .8 Contract , for Desi gn & Construction of Fleet Maintenance Cano py. Req uest for Pro p osals No. 0074-24 , in the amount not to exceed $ 446 , 739.00. with Valor General Trades , LLC . the highest ranked res p ondent (Ward 21 (Peter Bieniek . Public Works ) MOTION: Councilperson Watson moved to approve a Contract, for Design & Construction of Fleet Maintenance Canopy, Request for Proposals No. 0074-24, in the amount not to exceed $ 446,739.00, with Valor General Trades, LLC, the highest ranked respondent; seconded by Councilperson Bonk; Motion carried: 6- 0. Councilperson Giraldo was not present for the vote. 7.9 [WALK-ON ITEM 2.1] Resolution 2025-30 su pp ortin g le gi slation re q uirin g hands free cell and handheld device use while drivin g and p rovidin g for severability and an effective date (May or Anderson ) City Attorney Alley read the title of the Resolution. Mayor Anderson opened public comments for this walk-on item; seeing none, he closed the public comments. MOTION: Councilperson Giraldo moved to adopt Resolution 2025-30 supporting legislation requiring hands free cell and handheld device use while driving and providing for severability and an effective date; seconded by Councilperson Watkins Brown; Motion carried: 6-0. Councilperson Giraldo was not present for the vote. CITY ATTORNEY'S ITEMS (NONE) PUBLIC COMMENT - NON-AGENDA ITEMS Willieyam Joe Shot miller spoke to the need for additional emergency and permanent housing for the Homeless population. William Bryant spoke to the use of military system weapons being used by his neighbors.

Minutes - City Council Regular Meeting March 3, 2025 13 I 1• a g ,- ADJOURNMENT: 6:51 p.m. ATIEST: M'::Z~ rμμA-- City Clerk

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