CITY COUNCIL REGULAR

City of Pa lms CITY OF FORT MYERS 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 Ward 4 CITY COUNCIL REGULAR Fred Burson TUESDAY, FEBRUARY 18, 2025 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: City Attorney Grant W. Alley 1. PROCLAMATIONS/SPECIAL PRESENTATIONS 1.1 Proclaim the week of February 16, 2025 through February 22, 2025 as Engineers Week (Mayor Anderson) A motion was not made. 1.2 Annual report of the Fort Myers - Lee County Garden Council, Inc., located at 2166 Virginia Avenue, Lessee, presented by Sylvia Swartz, President, to comply with the Municipal Lease Agreement (Ward 4) (Steven Belden, Community Development) A motion was not made. 2. APPROVAL OF WALK-ON AGENDA ITEMS (NONE) 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.

CITY COUNCIL REGULAR FEBRUARY 18, 2025 ACTION AGENDA 2 | P a g e City Residents Former Councilman Johnny Streets spoke to his support of Item No. 4.1 to rename Challenger Boulevard to Jones Walker Road or Boulevard. Gina Sabiston spoke to Item No. 7.15 (formally Item No. 3.7) and urged Council to continue negotiating efforts with the sole bidder for the Rachel at the Well Surrounding Area Construction project. Non-City Residents Dr. Virginia Harper, President, Lee Trust, spoke to Item No. 7.15 (formally Item No. 3.7) and expressed support to move forward with the sole bidder. Dr. Harper shared concerns on the length of time it is taking to complete the project. Dr. Bill Truax, President, Dental Society, spoke to Item No. 4.7 and expressed his opposition to potentially removing fluoride from the drinking water. He noted that it would not be in the best interest for the health of the public especially those who make less than the federal poverty level. David Stewart, Gator Co Inc., spoke to Item No. 7.7, and expressed his concerns with his experience at the Southwest Florida Enterprise Center. He explained that the total amount of the outstanding invoices that are listed on Item No. 7.7 is not correct and clarified that the amount requiring approval is $112,192.00, with a balance owed of $63,311.00. Tom Hallquist, retired Dentist, spoke to Item No. 4.7 and expressed his opposition to potentially removing fluoride from the drinking water and the severe health concerns it can cause. Denise Finn, City of Fort Myers Procurement Manager, spoke to Item No. 3.4 and expressed her appreciation to Council for their desire to strengthen procurement within the City by establishing an independent Procurement Department and creating a Procurement Director position. She reiterated her desire to lead the Procurement team forward within that capacity. Tyler Neubert, Neubert Construction, spoke to Item No. 7.15 (formally Item No. 3.7) and expressed his frustration with the lack of clarification received on this project and inability to negotiate in good faith. MAYOR ANNOUNCEMENT Mayor Anderson announced that Item No. 3.7 was inadvertently placed under Consent Agenda and should be placed under City Manager’s Item and will be heard as Item No. 7.15. 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 January 21, 2025 (Mary Hagemann, City Clerk) Approved. 3.2 Professional Service Agreement, in the amount of $195,935.00, with SiteMed Fire, for providing on- site annual firefighter physicals this fiscal year (Chief Tracy McMillion, Fire) Approved.

CITY COUNCIL REGULAR FEBRUARY 18, 2025 ACTION AGENDA 3 | P a g e 3.3 2024 Annual Report for the Fort Myers Fire Department utilizing the Strategic Plan 2021-2026 developed by Fitch & Associates (Tracy McMillion, Chief, Fire Department) Approved. 3.4 Agreement, in the not to exceed amount of $11,800.00 ($8,800.00 plus up to $3,000.00 for reimbursable expenses) for Executive Search Services for Director of Procurement for the City of Fort Myers with Slavin Management Consultants (Marvlyn Scott, Human Resources) Approved. 3.5 Purchase two Flow Serve effluent pumps, in the amount of $ 235,282.00, from Carter & Verplanck, a sole source DXP Company, for the Central and South Advanced Wastewater Treatment Facilities, to allow for the systematic removal and refurbishment of the current effluent pumps (Wards 1 & 5) (Richard Moulton, Public Utilities) Approved. 3.6 Closeout Change Order to Supplemental Task Authorization No. 1, in the deductive amount of $16,979.77, reducing the contract amount from $2,159,075.00 to $2,142,095.23, increasing the contract days by 16 days, acceptance of closeout documentation, and release of retainage, in the amount of $107,104.76, for construction management services related to WTP Degasifier Replacement with Wharton-Smith, Inc. (Ward 2) (Richard Moulton, Public Utilities) Approved. 3.7 Cancel negotiations with Neubert Construction, Request for Proposals No. RFP 25-002, Rachel at The Well Surrounding Area Construction Project and close the solicitation without award (Ward 4) (Peter Bieniek, Public Works) [MOVED UNDER CITY MANAGER’S ITEMS] Moved under City Manager’s Items as Item No. 7.15. 3.8 Supplemental Task Authorization No. 1, in the amount of $56,860.00, to Construction Manager at Risk, RFQ No. 0027-23, to provide preconstruction services associated with Fire Station No. 18 with Stevens Construction, Inc. (Ward 6) (Nicole Setzer, Public Works) Approved. 4. CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 4.1 Discuss the name change of Challenger Boulevard (Mayor Anderson) MOTION: Move forward with the Permission to Advertise and Public Hearing for the renaming of a section of Challenger Boulevard (Colonial Boulevard to Winkler Avenue) to Jones Walker Road or Boulevard. Approved. 4.2 Distribution of Mayor's discretionary funds, in the amount of $500.00, to the City of Fort Myers Special Events Committee (Mayor Anderson)

CITY COUNCIL REGULAR FEBRUARY 18, 2025 ACTION AGENDA 4 | P a g e Approved. 4.3 Distribution of Mayor's discretionary funds, in the amount of $500.00, to "I Will" Mentorship Program (Mayor Anderson) Approved. 4.4 Distribution of Mayor's discretionary funds, in the amount of $250.00, to Fort Myers High School in support for their Distributive Education Clubs of America (DECA) (Mayor Anderson) Approved. 4.5 Distribution of Mayor's discretionary funds, in the amount of $250.00, to Dunbar High School in support for their Distributive Education Clubs of America (DECA) (Mayor Anderson) Approved. 4.6 Distribution of Mayor's discretionary funds, in the amount of $500.00, to Builders Care (Mayor Anderson) Approved. 4.7 Discuss the potential removal of fluoride from the drinking water supplied to residents of the City of Fort Myers (Councilperson Burson, Ward 5) A motion was not made. 4.8 Reappoint Ken Pariser to the Economic Development Advisory Board, term effective February 18, 2025, through February 17, 2028 (Councilperson Burson, Ward 5) Approved. Motion carried: 6-0. Councilperson Giraldo was not present for the vote. 4.9 Reappoint Dennis Landfried to the Economic Development Advisory Board, term effective February 18, 2025 through February 17, 2028 (Councilmember Bochette) Approved. Motion carried: 6-0. Councilperson Giraldo was not present for the vote. 4.10 Reappoint Ezekiel Robbins to the Bicycle and Pedestrian Advisory Board, term effective February 18, 2025 through February 17, 2028 (Councilmember Bochette) Approved. Motion carried: 6-0. Councilperson Giraldo was not present for the vote. 4.11 Appoint Marty Ambrose to the Public Art Committee, term effective February 18, 2025, through February 17, 2028 (Councilperson Watkins Brown)

CITY COUNCIL REGULAR FEBRUARY 18, 2025 ACTION AGENDA 5 | P a g e Approved. Motion carried: 6-0. Councilperson Giraldo was not present for the vote. 5. PUBLIC HEARINGS (Will be heard about 5:15 p.m. or as soon thereafter as can be heard) 5.1 FIRST PUBLIC HEARING: 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 (Ward 4) (Marty K. Lawing, City Manager) Public Input: None Approved. 6. PERMISSION TO ADVERTISE (NONE) 7. CITY MANAGER'S ITEMS 7.1 Resolution No. 2025-19 urging the Florida State Legislature to enact legislation to provide a public records exemption for municipal clerks and employees who perform Municipal Elections for a city and providing for an effective date (Mary Hagemann, City Clerk) Adopted. 7.2 Resolution No. 2025-20 authorizing the Mayor and City Manager to submit a grant application for the Florida Severe Weather Mesonet (FSWN) project through the State of Florida, Department of Emergency Management, in the amount of $71,397.00, to include the purchase of three (3) WeatherSTEM Units AND Memorandum of Agreement for Use of WeatherSTEM Stations between the Florida Division of Emergency Management and the City of Fort Myers (Jessica McElwee, Grants Administration) Adopted. 7.3 Resolution No. 2025-21, electing to assume fire and rescue service responsibilities for the annexed land pursuant to City Ordinance 4038, consisting of 5.06 acres, more or less, lying contiguous to the boundary limits of the City located at 4563 and 4565 Dr. Martin Luther King, Jr. Boulevard and Folio # 10254101 (Ward 1) (Chief Tracy McMillion, Fire) Adopted. 7.4 Resolution No. 2025-22 amending the budget for the fiscal year ending September 30, 2025 decreasing the Roberto Clemente Park Improvements Phase II capital improvement project, in the amount of $665,000.00, from $6,165,522.00 to $5,500,522.00 and increasing the Roberto Clemente Park Playground capital improvement project by like amount, from $1,087,250.27 to $1,752,250.27 AND Supplemental Task Authorization No. 3, in the amount of $663,480.64, to Construction Manager at Risk, Request for Qualifications No. 0027-23, to provide construction services associated with the Roberto Clemente Park Playground with Wright Construction Group, Inc (Ward 1) (Nicole Setzer, Public Works)

CITY COUNCIL REGULAR FEBRUARY 18, 2025 ACTION AGENDA 6 | P a g e MOTION: Adopt with amendment to the Supplemental Task Authorization No. 3, in the amount of $636,557.64, to Construction Manager at Risk, Request for Qualifications No. 0027-23, to provide construction services associated with the Roberto Clemente Park Playground with Wright Construction Group, Inc. Adopted. 7.5 Agreement for Polling Place - Early Voting (EV# 825) and Agreement for Polling Place Election Day (PCT# 416) with Lee County Supervisor of Elections Office, for use of the ballroom at Riverside Community Center, 3061 East Riverside Drive, as an early voting and Election Day voting location for the 2026 Primary and General Election (Lilliana Baker, City Clerk's Office) Approved. 7.6 Appoint one City Council member to the Local Affordable Housing Advisory Committee for a three -year term, effective February 18, 2025, through February 17, 2028 (Steven Belden, Community Development) MOTION: Appoint Diana Giraldo, to the Local Affordable Housing Advisory Committee, for a three-year term, effective February 18, 2025, though February 17, 2028. Approved. 7.7 Waive procurement process and approve payment, in the amount of $92,416.00 to Gator Co, Inc., for facility improvements at the Southwest Florida Enterprise Center (Ward 1) (Steve Weathers, Economic Development) MOTION: Approve total amount of $92,416.00, and pay the balance of 43,535.00 to Gator Co, Inc., for facility improvements at the Southwest Florida Enterprise Center. Motion failed: 3-4. Councilperson Giraldo, Councilperson Watson, Councilperson Bochette, and Councilperson Burson opposed. MOTION: Approve total amount of $112,192.00, and pay the balance owed of $63,311.00 to Gator Co, Inc., for facility improvements at the Southwest Florida Enterprise Center. Approved. Motion carried: 5-2. Councilperson Bochette and Mayor Anderson opposed. 7.8 Submit Internal Audit's Payroll Agreed-Upon Procedures Report (Melinda Pensinger, Internal Audit) Approved. 7.9 Internal Audit Plan for Quarter 2 Fiscal Year 2024/2025 and Internal Audit Strategic Plan (Melinda Pensinger, Internal Audit) Approved.

CITY COUNCIL REGULAR FEBRUARY 18, 2025 ACTION AGENDA 7 | P a g e 7.10 Amendment No. 2 to Supplemental Task Authorization No. 7, in the amount of $967,314.50, increasing the contract from $1,180,274.04 to $2,147,588.54, to Construction Manager-at-Risk Continuing Contract, RFQ No. 0020- 18, for construction of Winkler Pump Station Yard Piping Improvements with Gulfpoint Construction Company, Inc. (Ward 5) (Richard Moulton, Public Utilities) Approved. 7.11 Supplemental Task Authorization No. 1, in the amount of $170,930.00, to Professional Services Agreement-Continuing Contract Utility Engineering Services RFQ No. 0007-24 with Kimley-Horn & Associates, Inc. City of Fort Myers Water Treatment Plant Odor Control System (Ward 3) (Richard Moulton, Public Utilities) Approved. 7.12 Supplemental Task Authorization No. 42, in the amount of $47,706.00, to Professional Services Agreement - Continuing Contract Engineer of Record for the Water Treatment Plant, RFQ No. 0007- 20, for America's Water Infrastructure Act of 2018 - Risk and Resilience Assessment Calendar Year 2025 Update with Black and Veatch (All Wards) (Richard Moulton, Public Utilities) Approved. 7.13 Non-Exclusive Interlocal Agreement Relating to the Funding and Financing by the Florida PACE Funding Agency for Property Owners, within the jurisdiction and boundaries of the City, for voluntarily participation in the PACE program to obtain financing for qualifying improvements to their property (Marty K. Lawing, City Manager) MOTION: To not approve the Non-Exclusive Interlocal Agreement Relating to the Funding and Financing by the Florida PACE Funding Agency for Property Owners, within the jurisdiction and boundaries of the City, for voluntarily participation in the PACE program to obtain financing for qualifying improvements to their property. Approved. Motion carried: 5-2. Councilperson Bochette and Mayor Anderson opposed. 7.14 Confirm next work session for Monday, February 24, 2025; time to be determined (Marty K. Lawing, City Manager) City Manager Lawing stated that there was a need for a work session for Monday, February 24, 2025, between 2:00pm-5:00pm. 7.15 [MOVED FROM CONSENT AGENDA – Item No. 3.7] Cancel negotiations with Neubert Construction, Request for Proposals No. RFP 25-002, Rachel at The Well Surrounding Area Construction Project and close the solicitation without award (Ward 4) (Peter Bieniek, Public Works) MOTION: Direct City Engineer and Public Works Director to continue negotiation efforts with Neubert Construction and bring forward a reasonable and finalized price offer to the March 3, 2025 City Council regular meeting.

CITY COUNCIL REGULAR FEBRUARY 18, 2025 ACTION AGENDA 8 | P a g e Motion failed: 2-5. Councilperson Brown, Councilperson Giraldo, Councilperson Burson, Councilperson Bonk, and Mayor Anderson opposed. MOTION: Cancel negotiations with Neubert Construction, Request for Proposals No. RFP 25-002, Rachel at The Well Surrounding Area Construction Project and close the solicitation without award Approved. Motion carried: 5-2. Councilperson Watson and Councilperson Bochette opposed. 8. CITY ATTORNEY'S ITEMS (NONE) 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. Thomas Byrd spoke to flooding concerns that has been caused due to the approval of the Development Agreement with Goodwill by City Council on December 2, 2024. ADJOURNMENT 7:07pm 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.