CITY COUNCIL REGULAR

gCity of' Pa lm s Marty K. Lawing Kevin B. Anderson City Manager Mayor Teresa Watkins Brown Grant W. Alley Ward 1 City Attorney Diana Giraldo Ward 2 Mary Hagemann Terolyn P. Watson City Clerk Ward 3 Liston D. Bochette III CITY OF FORT MYERS Ward 4 CITY COUNCIL REGULAR Fred Burson MONDAY, MAY 4, 2026 Ward 5 4:30 PM Darla Bonk Ward 6 Oscar M. Corbin, Jr. City Hall 2200 Second Street Fort Myers, Florida 33901 ACTION AGENDA PLEDGE OF CIVILITY We will be respectful of one another even when we disagree. We will direct all comments to the Issues. We will avoid personal attacks. CALL TO ORDER 4:30 p.m. OPENING PRAYER/PLEDGE OF ALLEGIANCE ROLL CALL Absent: None 1. PROCLAMATIONS/SPECIAL PRESENTATIONS MOTION TO REORDER AGENDA ITEM. MOTION: Reorder Item No. 1.2 to be heard prior to Item No. 1.1. Approved. 1.2 [REORDERED] Recognition of the Fort Myers Police Department Officers, Fort Myers Fire Department crew members and Lee County Public Safety crew who responded to Judge John Carlin's medical emergency (Mayor Anderson) A motion was not made. 1.1 Recognize Ziya Chambers for winning second place in the Florida Black Caucus of Local Elected Officials (FBC LEO) Scholarship Essay Contest (Councilperson Teresa Watkins Brown) A motion was not made. 1.2 Recognition of the Fort Myers Police Department Officers, Fort Myers Fire Department crew members and Lee County Public Safety crew who responded to Judge John Carlin's medical emergency (Mayor Anderson) Agenda Item No. 1.2 reordered and heard prior to Item No. 1.1. 1.3 Proclaim May 2026 as Women's Health Awareness Month (Mayor Anderson) A motion was not made. 1.4 Proclaim the week of May 3-9, 2026 as Small Business Week (Mayor Anderson) A motion was not made. 1.5 Proclaim the week of May 3-9, 2026, as Municipal Clerks Week (Mayor Anderson) A motion was not made. 2. APPROVAL OF WALK-ON AGENDA ITEMS 2.1 Proclaim the week of May 11-15, 2026 as Police Week (Mayor Anderson) MOTION: Walk-On Item No. 2.1, to be placed on the agenda and heard immediately thereafter as Item No. 1.6. Approved. 1.6 [WALK ON NO. 2.1] Proclaim the week of May 11-15, 2026 as Police Week (Mayor Anderson) A motion was not made. 2.2 Approve the retention of Henderson Franklin Starnes & Holt, PA as legal counsel regarding Notary Investigation received by the City and other miscellaneous legal transactions/matters as needed (G. Travis Cary, Assistant City Attorney) MOTION: Walk-On Item No. 2.2, to be placed on the agenda and heard immediately thereafter as Item No. 8.2. Approved. PUBLIC INPUT - NON-PUBLIC HEARING ITEMS Speakers that wish to speak must submit a Request to Speak Form to the City Clerk prior to the beginning of the meeting for items on the Agenda. Public Comments are limited to (3) minutes per person. Public input on non agenda items will appear at the end of the meeting. Comments for Public Hearing items will be heard during the Public Hearing agenda item. Willie Joe Shotmiller spoke to Item No. 4.1 and supported the City’s distribution of funds to community organizations, emphasizing the importance of collaboration and investment in services like housing, rehabilitation, and support programs. 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 regular meeting held on April 6, 2026 (Mary Hagemann, City Clerk) Approved. 3.2 Economic Development Services Agreement, in the amount not to exceed $7,250.00 annually, for consulting and improving economic development by identifying target markets and potential tenants and providing an Administrative and Operational Assessment Report with Economic Development Initiatives Group (Martin Byrd, Southwest Florida Enterprise Center) [MOVED TO THE REGULAR AGENDA] Approved. 3.3 Single Source Purchase, in the amount of $107,223.15, for Federal and Speer law enforcement ammunition for training, qualification courses and real time, from Florida Bullet, Inc., the only authorized law enforcement ammunition distributor for the State of Florida (Chief Jason Fields, PD) Approved. 3.4 Piggyback Agreement utilizing a Lee County Agreement, in the total amount not to exceed $12,000.00, for the cleaning and inspections of fuel tanks with Tank Wizards Inc. (Peter Bieniek, Public Works) Approved. 3.5 Award ITB No. 26-023, in the amount of $130,000.00, Riprap, Aggregate, Base Material and Sand, for roadway construction and maintenance for stabilization, drainage, erosion control, and base preparation to Colossian Home Services, LLC (Pete Bieniek Public Works) [MOVED TO THE REGULAR AGENDA] Approved. 3.6 Authorize negotiations for Mechanical, Electrical, Plumbing, and Fire Protection Design and Support Engineering Services Continuing Contract, RSQ 26-011, with TLC Engineering Solutions, OCI Associates, LLC, and Matern Professional Engineering (Nicole Setzer, Public Works) Approved. 3.7 Surveying/Mapping Services Continuing Contract, RSQ 25-067, for 3 years with 2 one-year renewal options with Stantec and T2 UES (Nicole Setzer, City Engineer) [MOVED TO THE REGULAR AGENDA] Ayoub Al-Bahou requested that Council consider a third contract to add to the Surveying/Mapping Services Continuing Contract list. for 3 years with 2 one-year renewal options, with Atwell, LLC. MOTION: Approve Surveying/Mapping Services Continuing Contract, RSQ 25-067, for 3 years with 2 one-year renewal options with Stantec, and T2 UES, and Atwell, LLC. Approved. 3.8 Supplemental Task Authorization No. 1, in the amount of $ 1,849.61, to Materials Testing Continuing Contract No. RSQ 25 -052, for material testing of sediment samples at the proposed Riverside Boat Ramp site with HighSpans Engineering, Inc. (Ward 1) (Nicole Setzer, Public Works) Approved. 3.9 Amendment No. 1 to Supplemental Task Authorization No. 4, in the amount of $128,000.00 and 180 calendar days, increasing the contract amount to $216,616.00 and 360 calendar days, to Transportation Planning & Engineering Services Request for Qualifications, RFQ No. 0010-19, for additional design services associated with FDOT requirements for adding a second eastbound left turn lane on SR 82 at Forum Boulevard, adding a westbound right turn lane on SR 82 at Omni Drive and corresponding survey, utility/Subsurface Utility Engineering (SUE), drainage, lighting, and construction support services with TR Transportation Consultants, Inc. (Ward 2) (Nicole Setzer, Public Works) [MOVED TO THE REGULAR AGENDA] Ayoub Al-Bahou noted a scrivener’s error in the title and Exhibit B of the contract and clarified that the total amount of the contract is $215,616.00. MOTION: Approve Amendment No. 1 to Supplemental Task Authorization No. 4, in the amount of $128,000.00 and 180 calendar days, increasing the contract amount to $216,616.00 $215,616.00 and 360 calendar days, to Transportation Planning & Engineering Services Request for Qualifications, RFQ No. 0010-19, for additional design services associated with FDOT requirements for adding a second eastbound left turn lane on SR 82 at Forum Boulevard, adding a westbound right turn lane on SR 82 at Omni Drive and corresponding survey, utility/Subsurface Utility Engineering (SUE), drainage, lighting, and construction support services with TR Transportation Consultants, Inc. (Ward 2) (Nicole Setzer, Public Works) Approved. 3.10 Supplemental Task Authorization No. 2, in the amount of $16,891.50, to Material Testing Services Continuing Contract RSQ 25-054, for Construction Engineering and Inspection for emergency repairs to Martin Luther King, Jr. Boulevard and French Street, as a result of a directional drill hit to an unmarked City-owned utility line with HighSpans Engineering, Inc. (Ward 2) (Nicole Setzer, Public Works) Approved. 4. CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 4.1 Distribution of Mayor's Discretionary funds, in the amount of $500.00, to the Dr. Ella Piper Center for the reestablishment and relaunch of their Senior Center (Mayor Anderson) Approved. 4.2 Distribution of Ward 1 Discretionary Funds, in the amount of $200.00, to the Senior Center Initiative at Dr. Ella Piper Center (Councilperson Watkins Brown) Approved. 4.3 Appoint Anthony Cedeno to the Environmental Advisory Board, term effective May 4, 2026, through May 3, 2028 (Councilperson Teresa Watkins Brown) Approved. 4.4 Reappoint John McKenzie to the Historic Preservation Commission, as an alternate member, term effective from May 4, 2026, through May 3, 2029 (Mayor Anderson) Approved. 4.5 Appoint Neil Volz to the Public Art Committee, as an alternate member, term effective from May 4, 2026, through May 3, 2029 (Mayor Anderson) Approved. 4.6 Appoint Nicholas Alexander to the Historic Preservation Commission, term effective May 4, 2026, through May 3, 2029 (Councilperson Teresa Watkins Brown) Approved. 4.7 Appoint Amy Objartel to the Special Events Advisory Board, term effective from May 4, 2026, through May 3, 2029 (Councilperson Fred Burson) Approved. 4.8 Status of advisory boards (Lilliana Baker, Deputy City Clerk) A motion was not made. 5. PUBLIC HEARINGS (NONE) (Will be heard about 5:15 p.m. or as soon thereafter as can be heard) 6. PERMISSION TO ADVERTISE 6.1 Permission to advertise Ordinance No. 4089 for a public hearing on May 18, 2026, rezoning 0.53 +/- acres located at 4400 Cleveland Ave., from Planned Unit Development (PUD) to Commercial Intensive (CI) zoning designation, as requested by the owner, 4400 at Fort Myers LLC, and waive Land Development Code Sec. 98.3.1.I.2 requiring any rezoning denied by the City Council to wait a minimum of six months before it may be resubmitted (Ward 5) (Quasi- Judicial) (Steven Belden, Community Development) Approved. 6.2 Permission to advertise Ordinance No. 4091 for a public hearing on June 15, 2026, declaring the intention of the City of Fort Myers to change its territorial limits by the voluntary annexation of City-owned unincorporated land consisting of 13.76 acres, more of less, lying contiguous to the boundary limits of the City on Parcel 23-45-25-00001.0000, located west of Treeline Avenue, north of Daniels Parkway, in unincorporated Lee County, and finding that the conditions of Chapter 171, Florida Statutes exist for annexation of said parcel of land, and providing for an effective date (Ward 6) (Steven Belden, Community Development) Approved. 7. CITY MANAGER'S ITEMS 7.1 Resolution No. 2026-26 amending the budget for the FY 2025-2026, by providing for changes to appropriations, in the total amount of $4,000.00, establishing a budget for a donation from the Rotary Club of Fort Myers South Foundation, Inc to the Fort Myers Police Department (Emergency Telecommunicators during National Public Safety Telecommunicators Week) and increasing expenditures by like amount per Exhibit A AND Acceptance of a donation, in the amount of $4,000.00, from the Rotary Club of Fort Myers South Foundation, Inc. to the Fort Myers Police Department for the purchase of meals for the working dispatchers for each shift during the week (Chief Jason Fields, Police) Adopted. 7.2 Resolution No. 2026-27 authorizing Mayor and City Manager to submit a grant application, in the amount of $25,000.00, to the Lee County Visitor & Convention Bureau for out-of-market advertising funding for the 2027 Caloosahatchee Celtic Festival (Jessica McElwee, Grants Administration) Adopted. 7.3 Resolution 2026-28 amending the budget for the Fiscal Year ending September 30, 2026, recognizing $232,981.88 in revenue received from the State of Florida Opioid Settlement Funds and increasing expenditures by like amount for training and equipment for first responders per core strategies and approved uses of such funds (Christine Tenney, Financial Services) Adopted. 7.4 Resolution No. 2026-29 amending the budget for the fiscal year ending September 30, 2026 providing changes to appropriations in the total amount of $4,293.75, recognizing scholarship funds from the Gulf Coast Association of Government Purchasing Officers and increasing the Procurement Department expenditures budget by like amount for three Procurement employees to attend the annual Florida Association of Public Procurement Officers conference and one employee to attend the National Institution of Government Procurement conference (Christine Tenney, Financial Services) Adopted. 7.5 Resolution No. 2026-30 amending the budget for the fiscal year ending September 30, 2026 increasing appropriation, in the total amount of $45,000.00, for public records storage rental for three additional months utilizing General Fund Reserves (Christine Tenney, Financial Services) Adopted. 7.6 Notice of the 2026 Municipal Election qualifying dates, noon, June 8, 2026, through noon, June 12, 2026, for candidates to be listed on the ballot, for the upcoming City's Primary Election, August 18, 2026, and General Election, November 3, 2026, for the office of the Mayor, and City Council Wards 1, 3, and 5 (Lilliana Baker, Deputy City Clerk) Approved. 7.7 Addendum to original contract, with Axon Enterprises, Inc. for Body Cameras, Car Cameras, and Tasers, in the total amount of $1,469,467.02 to accommodate increased staffing levels and equipment upgrades, adjusting the original payment schedule amounts for the remaining 5 years of the contract, from 2026 through 2030 as follows: 2026 from $1,212,287.88 to $1,508,544.38; 2027 from $1,141,462.87 to $1,434,765.50; 2028 from $1,141,462.84 to $ 1,434,765.47; 2029 from $1,041,462.69 to $1;334,765.32; and 2030 from $1,141,462.96 to $1,434,765.59. (Chief Jason Fields, Police) Approved. 7.8 Purchase Order, in the amount of $349,993.36, for 14 FLYGT pumps, in the amount of $199,993.36, plus $150,000.00, for additional pump repairs that may be needed throughout the 2026 fiscal year with sole-source distributor, Xylem Water Solutions USA, Inc. (Richard Moulton, Public Utilities) Approved. 7.9 Amendment No. 4 to Standard Grant Agreement 3W002 between State of Florida Department of Law Enforcement (FDLE) and the City of Fort Myers extending the grant agreement closeout date by one (1) year from June 30, 2026, to June 30, 2027, for Community At- Risk Youth Programs and Facilities for Phase 1 of the Police Athletic Leagues (PAL) Center (Ward 1) (Nicole Setzer, Public Works) Approved. 7.10 Participation in the Florida Sheriffs Association Contract No. FSA25-VEH23.0 Heavy Trucks and Buses for purchase, in the estimated amount of $310,720.00, for one 2027 Peterbilt Model 520, with Peterbilt Chassis and Roll Off Body, from The Pete Store (Peter Bieniek, Public Works) Approved. 7.11 Participation in the Florida Sheriffs Association Contract No. FSA25-VEH23.0 Heavy Trucks for purchase, in the estimated amount of $426,620, for one 2027 Peterbilt Model 520, Heil Front Loader, from The Pete Store (Pete Bieniek, Public Works) Approved. 7.12 Work Authorization No. 8, in the amount of $1,347,894.70, to Program Management for the Midtown Streetscape and Utility Replacement Project, RFQ No. 0034-20, for Program Management Services for Midtown Signalization Design Services, with AIM Construction Contracting, LLC (Wards 3 & 4) (Nicole Setzer, Public Works) Item No. 7.12 was pulled from the agenda. 8. CITY ATTORNEY'S ITEMS 8.1 Carl and Susan Goldstein v. City of Fort Myers, Case No. 23- CA-7021; Request for Approval of Settlement and General Release in the amount of $188,653.00 (G. Travis Cary, Assistant City Attorney) Approved. 8.2 [WALK-ON ITEM 2.2] Approve the retention of Henderson Franklin Starnes & Holt, PA as legal counsel regarding Notary Investigation received by the City and other miscellaneous legal transactions/matters as needed (G. Travis Cary, Assistant City Attorney) Public Input: None Approved. PUBLIC COMMENT - NON-AGENDA ITEMS Speakers may speak on subject matters not listed on the agenda, provided the subject matter is within the jurisdiction of the City Council. Three (3) minute time limit per speaker. Willie Joe Shotmiller raised concerns about safety on LeeTran, including thefts, unsafe pedestrian crossings, and loitering, while also advocating for housing solutions and community collaboration. Cory Andrews expressed concerns with the City’s 287(g) agreement with U.S. Immigration and Customs Enforcement (ICE), stating that it harms immigrants, creates fear, and pressures local law enforcement into inappropriate roles. Kathryn Pogin urged the Council to challenge and rescind the 287(g) agreement through legal action, emphasizing that seemingly difficult fights can still be won. Elizabeth Schelper expressed concern that partnering with ICE could damage the reputation and ethics of the Fort Myers Police Department and encouraged careful oversight. Yenori Alvarez shared fears experienced by immigrant families and argued the agreement is harmful, undemocratic, and should be terminated. Max Marver expressed disappointment that the Council reversed its stance under state pressure and called for reopening public debate on the issue. June Sanson highlighted the emotional and psychological impact on children living in fear of immigration enforcement, including disruptions to school and family stability. Jennifer Shroba described witnessing arrests near schools, warned of community harm and human rights concerns, and urged the council to act with courage and reconsider the agreement. ADJOURNMENT 5:50 p.m. If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.