This Final Action Agenda/Minutes is supplemented by electronic recordings of the meeting, which may be reviewed upon request to the Village Clerk. Village Council meetings from June 8, 2016 forward can be viewed online at http:/estero-f.govlounci/watch-meetings-online. Staff reports, resolutions, ordinances, and other documents related to this meeting are available at https:llestero- l.govlagendas at the corresponding agenda date. APPROVED BY COUNCIL MAY 15,2019 FINAL ACTION AGENDAMINUTES VILLAGE COUNCIL MEETING Village of Estero Council Chambers 9401 Corkscrew Palms Circle Estero, FL: 33928 May 1,2019 9:30 a.m. 1. CALL7 TO ORDER: 9:30 a.m. PLEDGE OF ALLEGIANCE: Led by Councimember Levitan. INVOCATION: Pastor John Roth from Thrive Community Church. ROLL CALL: Present: Mayor Bill Ribble - District 1, Vice Mayor Katy Errington District 4, Councimember Howard Levitan - District 2, Councimember Jon McLain- - District: 3, Councimember Jim Boesch -1 District 5, Councilmember Nick Batos District Also present: Village Manager Steve Sarkozy, Village Attorney Burt Saunders, Village Land Use Counsel Nancy Stroud, Public Works Director David Willems, Finance Director Lisa Roberson, Community Development Director Mary Gibbs, and Village 6, and Councilmember Jim Wilson District 7. Clerk Kathy Hall. 2. APPROVAL OF AGENDA, ADDITIONS, AND DELETIONS: Councilmember Levitan requested that Agenda Item 8 (c) related to the open seat on the Lee County Board ofCounty Commissioners be added to the agenda. Motion: Move to approve the agenda as amended, adding Agenda Item 8 (c). Motion by: Councilmember Levitan Seconded by: Councilmember Wilson Action: Approved the agenda as amended, adding Agenda Item 8 (c). Vote: Nay: Abstentions: Aye: Unanimous (Roll call vote) Village Council Meeting Final Action. Agenda/Minutes- May 1,2019 Page 1of6 3. PROCLAMATION: (a) Girl Scout Bridging Day Presented by Mayor Ribble proclaiming May 12, 2019 as Girl Scout Bridging Day. Recipients included: Kim Poinsett, Leader, Troop 245; Kris Salter, Co-Leader, Troop 245; Katie. Poinsett, Girl Scout Ambassador and Estero High School Senior; Mollie Leffert, Girl Scout Ambassador and Estero High School Senior; Alex Salter, Girl Scout Ambassador and Estero High School Junior; Connie Martin, GSGCF Community Manager; and Mary Anne Servian, GSGCF CEO. PUBLIC COMMENT ON NON-AGENDA ITEMS: Bob Dion, Pelican Sound, Estero River sedimentation project. and Lee County Board of County Commissioners. 4. Dorothy Lingren, Pelican Sound, communityi involvement, Estero River water quality, 5. CONSENT AGENDA: (a) Financial Report for Month Ending March 31,2019 (b) April 24, 2019 Council Meeting Minutes Motion: Move to approve the Consent Agenda. Motion by: Councilmember Levitan Seconded by: Councilmember Boesch Action: Approved the Consent Agenda. Aye: Unanimous (Roll call vote) Vote: Nay: Abstentions: 6. 7. CONSIDERATION OF ITEMS DEFERRED FROM CONSENT AGENDA: None. PUBLIC HEARING: (a) Public Hearing to Consider Settlement Agreement between the Village ofl Estero and Argo Corkscrew Crossing, LP; Argo US LLC; Argo Land US, LLC; and Richard I. Templeton Family Trust Mayor Ribble provided an introduction followed by Village Manager Sarkozy providing al brief explanation. Village Land Use Counsel Stroud offered background information regarding the Comprehensive Plan that was challenged by Argo and spoke to defending the challenge as well as two separate litigations, noting that Council had previously met in executive sessions. Village Land Use Counsel Stroud also addressed the major elements oft the settlement agreement as well as additional information that was provided to the Council this week. Village Council Meeting Final Action Agenda/Minutes- - May 1,2019 Page 2 of6 Questions or Comments: Councilmembers Batos, Wilson, Errington, and Levitan. Discussion included water management; drainage; wildlife crossing; appreciation for all involved with the settlement process; the current plan was improved significantly from the plan approved by the county well before Village incorporation, including better wetland protection and less density. Public Comment: Brad Cornell, representing Audubon/Corkserew Swamp Peter Cangialosi, The Preserve at Corkscrew Neale Montgomery, Pavese Law Firm, representing Argo Joseph Cameratta, Fort Myers, FL Meredith Budd, representing Florida Wildlife Federation, 2590 Golden Gate Parkway, Motion: Move to approve the Settlement Agreement between the Village of] Estero Naples and Argo Corkscrew Crossing, LP; Argo US LLC; Argo Land US, LLC; and Richard I. Templeton Family Trust. Seconded by: Councilmember Batos Motion by: Councilmember Levitan Questions or Comments: Councilmembers Levitan, Errington and Boesch. Discussion included zoning aspects oft the project being discussed at a future hearing; concern regarding wildlife; and concern regarding fees brought up by Joseph Camoratta, which will be addressed as part ofz zoning conditions at a future hearing as well. Action: Approved the Settlement Agreement between the Village ofEstero and Argo Corkscrew Crossing, LP; Argo US LLC; Argo Land US, LLC; and Richard I. Templeton Family Trust. Aye: Unanimous (Roll call vote) Vote: Nay: Abstentions: ACTIONITEMS: 8. (a) Community Development Block Grant Urban County Cooperation Agreement Village Manager Sarkozy: reviewed that this opportunity for the Village to bei included in the Urban County Cooperation Agreement for federal entitlement funds for affordable housing, infrastructure and similar items from the Department ofHousing and Urban Development (HUD) was addressed at the. April 24, 2019 Council workshop. Public Comment: None. Motion: Move to participate in the Community Development Block Grant program. Motion by: Councilmember Wilson Seconded by: Councimember Errington Village Council Meeting Final Action. Agenda/Minutes- - May 1,2019 Page 3 of6 Action: Approved participating in the Community Development Block Grant program Vote: Nay: Abstentions: Aye: Unanimous (Roll call vote) (b) Consideration of Appeal of Estero Town Center (Aldi) Development Order Village Manager Sarkozy provided an explanation regarding ai request from Vice Mayor Errington that Council consider an appeal ofthel Estero Town Center (Aldi) Development Order under Ordinance No. 2019-22, adopted at the April 24, 2019 Village Council Vice Mayor Errington stated that she reviewed the Design Review Board meeting recording and was concerned; she met with Village staff, as well as speaking with the Lee County Sheriff's Department, and Walmart representatives. She spoke to concerns related to lighting and delivery trucks, which, after meeting with representatives from Sam Marshall, Engineer, Banks Engineering, addressed concerns raised by Vice Mayor Errington as discussed at their meeting on April 30,2019. He also distributed maps Pursuant to Ordinance No. 2019-22 meeting. Aldi, were addressed. indicating the on-site delivery truck routes. Vice Mayor Errington withdrew the request for appeal. Public Comment: None. (C) Open Seat on the Lee County Board of County Commissioners Councilmember Levitan and Mayor Ribble spoke regarding the open seat on thel Lee County Board of County Commissioners and noted that Councilmember Batos' name came up as aj possible applicant to fill the open seat. Briefdiscussion followed. Motion: Move to endorse Councilmember Batos for the position ofLee County Commissioner District #3 seat vacated by Commissioner Kiker's untimely death and authorize a letter of endorsement signed by all Councilmembers to be sent to Governor DeSantis. Motion by: Mayor Ribble Seconded by: Councimember Errington Questions or Comments: Mayor Ribble read the letter for the record. Brief discussion Action: Endorsed Councilmember Batos for the position ofLee County Commissioner followed. District #3 seat vacated by Commissioner Kiker's untimely death and authorized al letter of endorsement signed by all Councilmembers to be sent to Governor DeSantis. Village Council Meeting Final Action Agenda/Minutes- May 1,2019 Page 4 of6 Vote: Nay: Abstentions: Public Comment: Robert King, Bella Terra Don Eslick, ECCL Aye: Unanimous (Roll call vote) 9. PUBLIC COMMENT ON NON-AGENDA ITEMS: City of Sanibel Councilman Jason Maughan commented regarding the recent Lee County Board ofCounty Commissioner's: meeting on mining as well as offered support for Councimember Batos' application for the position of Lee County Commissioner District #3 seat. 10. COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS: Councimember Levitan: Addressed the importance of the Village moving forward with a septic to sewer process. Village Manager Sarkozy spoke tol how the county could be a helpful resource withl handling the administrative procedures. Mayor Ribble commented on ai recent meeting he attended regarding septic systems. Village Attorney Saunders stated that he would provide ai report for the May 15, 2019 Council meeting. Councilmember McLain: Noted that he reached out to County Commissioner Cecil Vice Mayor Errington: Announced that Starbucks opened at Estero Grande and noted that she met with the manager. She also noted that she intends to meet with thei manager at Councimember Batos: Conveyed appreciation to Council for their support in signing the letter of endorsement ofhis application to fill the vacant seat on the Lee County Board of Councilmember Wilson: Briefly commented regarding the monthly budget report. Pendergrass regarding Estero Parkway. the new Verizon store. County Commissioners. 11. VILLAGE ATTORNEY'S REPORT: None. 12. VILLAGE MANAGER'S REPORT: Village Manager Sarkozy spoke regarding the unavailability of documents on the Village website due to currently being in the process of ensuring all online content complied with the. Americans with Disabilities Act Standards for Accessible Design. He noted that this was a complex and major issue with challenges within the state. The meeting went into recess at 11:09 a.m. and reconvened at 11:20a.m. Village Council Meeting Final Action Agenda/Minutes- - May 1,2019 Page 50 of6 Adjourn Regular Session and Convene Workshop 13. WORKSHOPITEMS: (a) Estero Parkway Landscape Update Village Manager Sarkozy provided al briefintroduction. Public Works Director Willems spoke to the project budget and noted that 90% plans would be available May 6, 2019 at which time the project would be able to go out for bid, and the project would begin in Brandon Howard from Bruce Howard and Associates offered al PowerPoint Presentation: Project Scope; South Florida Water Management - Water Wise Florida; Last Roadway Sections Approved by Council; Naturalized Swales; Right-of-Way (ROW) Conditions Dictating Plant Choices; Areas ofl Roadway where Cross Sections were Taken; Existing Proposed Cross Section through ROW @ Station 259; Existing Proposed Cross Section through ROW @ Station 297; Partial Landscape Elevations Depicting Integrated Plant Choices; Partial Landscape Elevations ofCenter Median; Large Shade Trees; Palms; Other Plants Utilized; Native Trees and Plants Capable ofWet or Dry Conditions; Native Wetland Plants -1 Bottom ofs Swale Conditions; Irrigation System Design Criteria; Plant Material List Trees, Shrubs and Miscellaneous; and Overall Budget Summary. Questions or Comments: Vicel Mayor Errington and Councilmembers Batos, Wilson and McLain. Discussion included inquiries regarding: whether all native plants would be used; whether the road paving would need to be finished first; concerns with rain sensors; the installation of61 ft. and 8 ft. sidewalks; plantings ini the bioswales; actual cost of plants; wells and whether the number ofwells would need to be increased; and August 2019. comment regarding staying within the budget. Public Comment: None. Ai motion to adjourn was made and duly passed. 14. ADJOURNMENT: 11:51 a.m. ATTEST: VILLAGE OF ESTERO, FLORIDA By: éthA Kathy Hall, MMC, Village Clerk By: Beu RERE Bill Ribble, Mayor Village Council Meeting Final Action. Agenda/Minutes - May 1,2019 Page 6 of6