For the second time this year, Lee County Commissioners voted 5-0 March 20 to allow a sewer extension into Alva. Unlike before the first vote, commissioners spoke in public about their reasons for voting and talked of scheduling a public workshop about the changes coming to what has been a rural area. 

Comprehensive land amendment votes occur twice, first to transmit the information to state reviewing agencies, then adopting the decision, Commissioner Brian Hamman explained. 

The second vote happened after state reviewing agencies found no issues with a sewer extension that would trigger developer Neal Communities to ask for a density boost on the property, from 788 homes to 1,099 homes on 788 acres off North River Road, a development order shows. 

Dozens of Alva residents—there were 61 during the first vote—spoke March 20 at the Old Lee County Courthouse, pleading with commissioners not to approve the sewer because of their fears it will end their community as they know it. 

Some Alva residents also expressed concerns with how the first vote came about, six weeks after developer Pat Neal and/or lobbyist Terry Miller met privately and separately with each of the five county commissioners. Four of those meetings were held Nov. 9, 30 minutes apart or within a three-hour span, records show. 

While such meetings are legal, lawyers with Sunshine Law expertise and other experts say they also pose the opportunity to have “daisy chaining,” in which messages are spread from one commissioner to the other—which taints the voting process and is illegal according to a circuit court judge’s decision in 1979, Blackford vs. School Board of Orange County. 

“A chain of such meetings involving multiple elected officials with the same stakeholders is illegal,” Alva citizen Elly Hagen said, after going through the timeline of events and Gulfshore Business’ reporting of public records. 

Alva resident Darius Cochran, whose wife, Amanda Cochran, is running against Commissioner Mike Greenwell in the District 5 election in August, questioned how Miller could both lobby and be a campaign manager for four of the five commissioners—all but Commissioner Cecil Pendergrass. 

“Terry gets all the money from all sides,” Darius Cochran said. “I’ve got to meet this guy. It’s unreal. How can this be legal? How does this look? How can not one of you not think that’s not a good look?” 

Commissioners did not answer Darius Cochran’s questions after public comment, and they all declined interview requests after the meeting. 

Miller deferred comments to Neal, and Neal declined to comment. 

Neale Montgomery, an attorney representing Neal Communities, said she consulted her Sunshine Law book. 

“I had to pull mine out to read it,” Montgomery said during Neal Communities’ response to public comment. “The case [Gulfshore Business] is referencing, too. The problem is, [Gulfshore Business] left out the rest of the story. If you need more on that, I suggest you consult the county attorney’s office.” 

The county has yet to respond to an interview request for the county attorney. 

Commissioner Kevin Ruane was the only commissioner who addressed the Sunshine Law issue brought forth during public comment.  Although records show he met privately with Neal, records show Ruane was the only commissioner who did not meet with Miller in November. 

“This issue quite frankly is insulting, because the facts aren’t there,” Ruane said. “But to violate Sunshine, to break the law for a job I get paid nothing for, it’s so un-factual, so incorrect and so insulting, in so many ways.” 

Ruane then explained why he voted for the amendment. 

“But this is water and sewer transmission that we’re doing,” Ruane said. “In my professional opinion … sewer is much better than septic.” 

Hamman said: “Septic tanks, north of the river… we have data, we have laws and data that show us what septic tanks do to the water table. That nutrients get into an already impaired river. For me, I think it’s pretty reasonable to assume we’re going to be forced to put those homes on water and sewer someday.” 

Hamman said it would be better to get in front of those expenses, especially since Neal Communities will be paying for the sewer extension. 

“You get it done on the front end and get the folks who build the community to pay for it,” Hamman said. “It’s better for the environment, and we don’t have to put assessments on people in the future to retrofit it. 

“I think, so many times, you see news agencies completely omit the fact that we have an independent county staff of experts, who review this, that by the Lee County charter, we’re prohibited from influencing that staff. We can’t tell them what to do or how to analyze this. They came up with the report and presented it to us. Now, it’s up to us to make a decision for the entire community. I have to vote based on the evidence presented in front of me. I hate that gets omitted from all the news stories, but that’s just what happened.” 

Said Pendergrass: “Our staff reviewed this. The state reviewed it and had no comments or objections. When it comes back to us, who in their right minds would go against this? We do this beforehand, it’s better for the environment, better for the community and a whole lot cheaper for the taxpayers of Lee County.” 

Greenwell said he was planning a mid-to-late May workshop for concerned Alva residents to gather more information. 

“I want you to be informed,” Greenwell said. “You have to understand, as a commissioner, I’m not going to vote no on something that matters to a majority of our county and the future of our children.” 

Said Commissioner Ray Sandelli: “Look at the big picture. We’re growing. That’s our challenge. We can’t go any further west. We’re going east. Going east involves a lot of different processes. With that growth comes essential services. And this is an essential service. 

“If we have a developer that’s willing to pay for that, as opposed to that coming back to us as citizens, it makes sense. It also makes sense for the future.” 

Bayshore Village approved 

Commissioners voted 5-0, approving a 92,000-square-foot retail center called Bayshore Village to be built on the north side of Bayshore Road, just east of Interstate 75. The 8.75-acre site previously had been zoned for a 61,000-square-foot center. There were 11 area residents who spoke against the size increase. 

Greenwell, whose next campaign fundraiser is being organized by one of the involved landowners, according to social media posts, said the size increase falls in line with the growing population of the area. 

Greenwell could have recused himself from voting on that issue, according to the Caroline Klancke, executive director of the Florida Ethics Institute, but state laws didn’t compel him to recuse himself either. 

“The Commission on Ethics has found that the law does not give rise to a voting conflict when the measure would result in a special private gain or loss to a friend, acquaintance or campaign contributor of the public officer, as these individuals are not persons standing in a relationship to the officer as listed in the statue,” Klancke wrote in an email. 

“We all know a four-lane Bayshore Road is happening,” Greenwell said. “These issues of growth and service, we have to understand it affects the rest of the county.”