CITY COUNCIL REGULAR

gCity of' Palm 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 TUESDAY, SEPTEMBER 2, 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 4:31 p.m. OPENING PRAYER/PLEDGE OF ALLEGIANCE ROLL CALL Absent: Councilperson Darla Bonk (via Zoom) 1. PROCLAMATIONS/SPECIAL PRESENTATIONS 1.1 Presentation to City Council on Deferred Compensation by Paul Murray with Mariner (Marvlyn Scott, Human Resources) Due to auditory issues, Item No. 1.1 will be tabled to the following City Council meeting. 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 SEPTEMBER 2, 2025 ACTION AGENDA 2 | P a g e Julian Giraldo spoke to Item No. 3.3 and requested an extension for construction at 211 Charlotte Avenue, noting that plans are already prepared and only awaiting city approval and final payment before breaking ground. He emphasized that the project is ready to proceed once the permit is granted. Patrick Corcoran spoke to Item No. 7.3, certified residential contractor, spoke on behalf of Felton Jacobs, who is wheelchair-bound and unable to attend due to health issues. He explained that he recently took over the project, secured necessary plans and documents, and is prepared to complete the construction within the extension period. Mayor Anderson called George Quintero to the podium, and he declined to speak. 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 August 4, 2025 (Mary Hagemann, City Clerk) Approved. 3.2 Corrective Quit-Claim Deed allowing for a one-year extension to the City reverter clause, expiring September 7, 2025, for 3027 Second Street, an infill housing lot conveyed to Samantha Alexander on September 7, 2021, for affordable housing development (Ward 1) (Steven Belden, Community Development) Approved. 3.3 Corrective Quit- Claim Deed allowing for a one-year extension to the City reverter clause, expiring September 7, 2025, for 211 Charlotte Avenue, a vacant residential lot conveyed to Rapid Building Systems International Company on September 7, 2021, for infill housing development (Ward 1) (Steven Belden, Community Development) Approved. 3.4 Change Order No. 2, in the amount of $15,000.00, to Purchase Order 1101-002156, increasing the Purchase Order amount from $179,246.00 to $194,246.00 with Ten 8 Fire & Safety, LLC (Chief Tracy McMillion, Fire) Approved. 3.5 Contract, in the amount of $53,845.00, for Service Line Field Investigation and Meter Box Maintenance, ITB 25-076, and authorize the Mayor and City Manager to execute the contract and any associated documents with HST Utility Inc. (Wards 1, 2, 3, 4, & 5) (Richard Moulton, Public Utilities) Approved.

CITY COUNCIL REGULAR SEPTEMBER 2, 2025 ACTION AGENDA 3 | P a g e 3.6 Purchase of two (2) flow meters, in the total amount of $30,981.28, for Well No. 13 and Injection Well No. 1 at the Water Treatment Plant, with H2Solutions (Richard Moulton, Public Utilities) Approved. 3.7 Amendment No. 2 to the Florida Department of Environmental Protection Standard Grant Agreement HA029, removing Task 3, Public Education, and adding the Task 3 grant amount of $5,000.00, to Task 2, Construction, increasing the Task 2 grant award amount from $ 607,500.00 to $612,500.00, for the City of Fort Myers S-19 Stormwater Pump Retrofit Project (Ward 1) (Nicole Setzer, Public Works) Approved. 3.8 Supplemental Task Authorization No. 3, in the amount of $17,287.80, to L1 RFQ #0027- 23 Construction Manager at Risk Continuing Contract, for preconstruction services associated with City View Park, located at 3348 South Street, with Wright Construction Group, Inc. (Ward 2) (Nicole Setzer, Public Works) Approved. 3.9 Supplemental Task Authorization No. 2, in the amount of $6,500.00, to Structural Engineering Services RFQ No. 0039-23, for structural assessment of City of Palms Stadium, with Blot Engineering, Inc. (Ward 4) (Nicole Setzer, Public Works) Approved. 3.10 Amendment No. 2 to Supplemental Task Authorization No. 3, in the amount of $19,000.00, increasing the contract amount from $114,400.00 to $ 133,400.00, to Civil Engineering Services RFQ No. 0024-20, for additional site design of the new Parks & Recreation offices & general City records facilities, with RESPEC Company, LLC (Ward 1) (Nicole Setzer, Public Works) Approved. 3.11 Supplemental Task Authorization No. 9, in the amount of $22,800.00, to Civil Engineering Services - Continuing Contract RFQ No. 0024- 20, for assistance with National Pollutant Discharge Elimination System (NPDES) Cycle 4 permit with the Florida Department of Environmental Protection, with Johnson Engineering, LLC (Nicole Setzer, Public Works) Approved. 3.12 Supplemental Task Authorization No. 1, in the amount of $106,195.00, to Landscape Architectural Services - Continuing Contract RFQ No. 0011-19, for design services associated with the development of the Tarpon Street Park in accordance with the Parks Master Plan, with CPH, Inc. (Ward 1) (Nicole Setzer, Public Works)

CITY COUNCIL REGULAR SEPTEMBER 2, 2025 ACTION AGENDA 4 | P a g e Approved. 3.13 Cancel Purchase Order 0702-000432, with Rogers Roofing Corporation and re-award Invitation to Bid No. 0030-23, Roof Repair/Replacement, in the amount of $153,829.00, for the South Advanced Wastewater Treatment Plant Biosolid roof to be repaired or replaced by CFS Roofing Services, LLC, secondary bidder, due to a Default by Rogers Roofing Corporation (Ward 4) (Peter Bieniek, Public Works) Approved. 3.14 Participation in Sourcewell Contract #010825-WQI, in the amount of $59,160.00, to procure 70 Solid Waste Slant Front Load Containers for Public Works Sanitation, with Wastequip (Peter Bieniek, Public Works) Approved. 3.15 Award Purchase Order, in the amount of $72,607.16, from Invitation to Bid No. 25-087 for City Hall second, third, and fourth floor flooring replacement to Wayne Wiles Floor Covering (Peter Bieniek, Public Works Director) Approved. 3.16 Award Invitation to Bid No. 25-084, Brick Paver Maintenance and New Installation, for various projects, and authorize staff to enter into a three year contract with two additional one- year renewals with Clean Up Group International, Inc. (Peter Bieniek, Public Works) Mayor Anderson announced for the record that a notice to file a bid protest was submitted. Approved. 3.17 Award Invitation to Bid No. 25-057, Fleet Unleaded Gasoline and Diesel Fuel Supply and Delivery, in the estimated annual amount of $2,400,000.00, for gasoline transport and tank wagon delivery cost, providing both services directly with competitive pricing with Palmdale Oil Company for budget year 2025-2026 (Pete Bieniek, Public Works) Approved. 3.18 Award Invitation to Bid No. 25-086, Annual Paving, Drainage and Concrete, and authorize staff to enter into a contract with each of the five contractors for a contract period of three years, with the option for two additional one-year periods, for various projects, with Ajax Paving Industries, Coastal Concrete Products, Hallmark Paving Inc., Neubert Construction, and Pavement Maintenance (Pete Bieniek, Public Works) Approved.

CITY COUNCIL REGULAR SEPTEMBER 2, 2025 ACTION AGENDA 5 | P a g e 4. CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 4.1 Distribution of Ward 1 discretionary funds, in the amount of $1,000.00 to Boys and Girls Club; $1,000.00 To Community Cooperative Soup Kitchen; $500.00 to Franklin Park Elementary; $ 500.00 to Dr. Ella Piper Center; $500.00 to 100 Black Men of SWFL; $250.00 to After the Rain; $250.00 Valeries House (Councilperson Brown) Approved. 4.2 Distribution of Ward 2 discretionary funds, in the amount of $500.00 to City of Fort Myers Special Events Committee (Councilperson Giraldo) Approved. 4.3 Distribution of Ward 3 discretionary funds, in the amount of $1,000.00 to Saving Our Community; $1,000.00 to The Autumn Giles Foundation; $500.00 to Jevon Kearse Foundation; $500.00 to the City of Fort Myers Special Events Committee (Councilperson Watson) Approved. 4.4 Distribution of Ward 5 discretionary funds, in the amount of $500.00, to American Legion Post 38, Rabe O. Wilkinson Chapter (Councilperson Burson) Approved. 4.5 Distribution of Ward 5 discretionary funds, in the amount of $500.00, to American Legion Post 192 (Councilperson Burson) Approved. 4.6 Distribution of Ward 5 discretionary funds, in the amount of $1000.00 to Pace Center for Girls (Councilperson Burson) Approved. 4.7 Distribution of Ward 5 discretionary funds, in the amount of $1,000.00 to Fort Myers Police Athletic Club (Councilperson Burson) Approved. 4.8 Reappoint Bill Prysi to the Bicycle and Pedestrian Advisory Board, term effective September 2, 2025, through September 1, 2028 (Councilperson Watson) Approved.

CITY COUNCIL REGULAR SEPTEMBER 2, 2025 ACTION AGENDA 6 | P a g e 4.9 Reappoint Ava Roeder to the Public Art Committee, term effective September 2, 2025, through September 1, 2028 (Councilperson Watson) Approved. 4.10 Transition Richard Trent Ebersole from an alternate member to a regular member, of the Bicycle & Pedestrian Advisory Board, continuing to serve his current term, August 4, 2025 through August 3, 2028 (Councilperson Burson, Ward 5) Approved. 4.11 Transition Vanessa Mastropola from an alternate member to a regular member, of the Bicycle & Pedestrian Advisory Board, continuing to serve her current term, November 4, 2024 through November 2, 2027 (Councilperson Bonk, Ward 6) Approved. 4.12 Reappoint Sharon Schulman to the Environmental Advisory Board for a term beginning September 2, 2025, and ending September 1, 2027 (Councilperson Bonk, Ward 6) Approved. 4.13 Reappoint Charles "Steve" Wood to the Local Affordable Housing Committee, as an At-Large member, term effective September 2, 2025 through September 1, 2028 (Mayor Anderson) Approved. 4.14 Reappoint Carolyn Gora to the Public Art Committee for a three-year term effective September 2, 2025 through September 1, 2028 (Mayor Anderson) Approved. 4.15 Appoint Charles Cook to the Planning Board, as an At- Large member, term effective September 2, 2025 through September 1, 2028 (Mayor Anderson) Approved. 4.16 Status of advisory boards (Lilliana Baker, Deputy City Clerk) A motion was not made. 5. PUBLIC HEARINGS (Will be heard about 5:15 p.m. or as soon thereafter as can be heard)

CITY COUNCIL REGULAR SEPTEMBER 2, 2025 ACTION AGENDA 7 | P a g e 5.1 Ordinance No. 4059 rezoning 0.45 acres, more or less, from Commercial Intensive (CI) to Single-Family (RS-7) zoning designation, located north of Kennesaw Street, east of Fowler Street, and south of Lee Tran Boulevard, located at Folio No. 10582254 and 10582256, as requested by Adam Davie of Gulf Coast Design Professionals, representing 4 Star Capital Group, the property owner (Quasi-Judicial) (Ward 3) (Steven Belden, Community Development) Public Input: None Adopted. 5.2 Ordinance No. 4065 amending and restating the Planned Unit Development for 2300 First Street, south of First Street, East of Jackson Street and west of Lee Street located at 2300 First Street in Section 13, Township 44 South, Range 24 East, Fort Myers, Lee County, Florida; amending the schedule of uses; providing for terms and conditions; rescinding and restating Ordinance No 3972, providing for severability and providing for an effective date to construct an eleven story hotel (Quasi-Judicial) (Ward 4) (Steven Belden, Community Development) Public Input: Joe Beck opposed the project and expressed that it does not fit the downtown context, adds unnecessary sewer capacity stress, and lacks employee parking. Tom Hogue (via Angel Williams) opposed the hotel’s request to increase height from nine to eleven stories, stating that the design is incompatible with the historic district. He emphasized that the raised ground floor undermines pedestrian activity and that downtown’s character would be permanently harmed. Art Hamel opposed the project and stated that historic preservation codes limit new construction to heights and proportions similar to surrounding buildings, none of which approach eleven stories on First Street. Gina Sabiston opposed the project and expressed that approving eleven stories would irreversibly damage downtown’s historic character, especially since nine stories was already a compromise. She urged council to reject the height increase. Mayor Anderson called Shane Sabiston to the podium, and he was not present to speak. Michael Ward supported the project, pointing out that the lot has sat vacant for decades and that new developments, such as this project, would bring tourism and customers. He stated that two additional stories would not erase the historic feel, and that the project represents needed growth and investment for Fort Myers. Adopted. Motion carried: 4-2. Councilperson Brown and Councilperson Bochette opposed.

CITY COUNCIL REGULAR SEPTEMBER 2, 2025 ACTION AGENDA 8 | P a g e 5.3 Resolution No. 2025- 94 vacating a 0.3 acre portion of right-of-way, located in the northeast quadrant of State Road 82 and Benchmark Avenue, as shown on the plat entitled Pine Crest Subdivision, recorded In Plat Book 5, Page 3, in the public records of Lee County, Florida providing for an effective date, as requested by Brian Smith, the agent representing Michael & Joseph Alessio, the property owner (Quasi-Judicial) (Ward 1) (Steven Belden, Community Development) Public Input: None Adopted. 6. PERMISSION TO ADVERTISE 6.1 Permission to advertise Ordinance No. 4066 for a public hearing on October 6, 2025, amending the City Code of Ordinances, Chapter 78, Streets Sidewalks and Other Public Places, Article VI. Naming or Renaming a City Owned Property or Facility or Renaming a Public Street; amending Section 78-141 Approval of Naming or Renaming, or Honorary Street Naming; amending Section 78-145 Naming or Renaming - Citizen Initiated; amending Section 78-146 Naming or Renaming - City Initiated; amending Section 78-150 Renaming - Citizen Initiated; amending Section 78-151 Renaming - City Initiated; amending Section 78-160 Review of Application; amending Section 78-170 Honorary Street Naming -Citizen Initiated; amending Section 78-180 Review of Application - Honorary Street Naming; amending Section 78-181 Honorary Street Name - Public Safety (Steven Belden, Community Development) Approved. 6.2 Permission to advertise Ordinance No. 4067 for a public hearing on October 6, 2025, rezoning 4.6 Acres, more or less, from Mixed Use (MU) to Light Industrial (IL) zoning designation, located south of Hanson Street, East of Veronica S. Shoemaker Boulevard, and west of Arcadia Street; providing for severability, and providing for an effective date (Ward 3) (Quasi-Judicial) (Steven Belden, Community Development) Approved. 6.3 Permission to advertise for a public hearing on September 15, 2025, for the acquisition of STRAP No. 24- 44-24-P1-00900.036A, an unaddressed 130 +/- square-foot vacant parcel, adjacent to 2137 Monroe Street, from George X. Sand Trust for $617.00, plus associated closing costs (Ward 4) (Steven Belden, Community Development) Approved. 7. CITY MANAGER'S ITEMS 7.1 Resolution No. 2025-112 amending the budget for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025, by providing changes to appropriations, in the total amount of $55,000.00, establishing a budget for State Funded HM-6A HazMat Sustainment grant award,

CITY COUNCIL REGULAR SEPTEMBER 2, 2025 ACTION AGENDA 9 | P a g e from the Florida Department of Financial Services, Division of State Fire Marshal, and increasing expenditures by like amount, AND Acceptance of grant, in the amount of $55,000.00, with no City match required (Chief Tracy McMillion, Fire) Adopted. 7.2 Resolution 2025-113 amending the Budget for the Fiscal Year ending September 30, 2025, recognizing $54,919.43 in revenue received from the National Opioid Settlement Funds and increasing expenditures by like amount for approved uses of such funds (Christine Tenney, Financial Services) Adopted. 7.3 DENY Corrective Quit-Claim Deed allowing for a one-year extension to the City reverter clause, expiring September 7, 2025, for 1419 Lura Avenue, an infill housing lot conveyed to Thelton Jacob on September 7, 2021, for affordable housing development (Ward 1) (Steven Belden, Community Development) Approved. 7.4 DENY Corrective Quit-Claim Deed allowing for a one-year extension to the City reverter clause, expiring September 7, 2025, for 3006 Dunbar Avenue, a vacant residential lot conveyed to Rapid Building Systems International Company on September 7, 2021, for infill housing development (Ward 3) (Steven Belden, Community Development) MOTION: Approve the Corrective Quit-Claim Deed allowing for a six month extension to the City reverter clause, expiring September 7, 2025, for 3006 Dunbar Avenue, a vacant residential lot conveyed to Rapid Building Systems International Company on September 7, 2021, for infill housing development. Approved. Motion carried: 4-2. Councilperson Giraldo and Councilperson Burson opposed. 7.5 Confirm next work session for Monday, September 8, 2025; time to be determined (Marty K. Lawing, City Manager) City Manager Lawing confirmed the need for a work session to be held the week of September 8, 2025. A poll will be collected to determine the best date and time. 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.

CITY COUNCIL REGULAR SEPTEMBER 2, 2025 ACTION AGENDA 10 | P a g e Angel Rivas opposed the council’s approval of the 287(g) ICE agreement and expressed that it is enabling racist policing and family separation. Yenori Alvarez pleaded for the council to rescind the 287(g) agreement, sharing the story of a man who died by suicide after family members were detained, highlighting the devastating ripple effects. Kathryn Pogan asked the council to end the 287(g) agreement and expressed that resisting authoritarian overreach is consistent with American democratic principles. ADJOURNMENT 5:53 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.