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 p/stemelipvsouminnsanine. Staff reports, resolutions, ordinapces, and other documents related to this meeting are available at https:llestero-  fl.govlagendas/ at the corresponding agenda date.  APPROVED BY COUNCIL MARCH 20, 2019  FINAL. ACTION AGENDA/MINUTES VILLAGE COUNCIL SPECIAL MEETING Village ofEstero Council Chambers 9401 Corkscrew Palms Circle Estero, FL: 33928 December 12, 2018 9:30 a.m.  1.  CALLTO ORDER: 9:30a.m.  PLEDGE OF ALLEGIANCE: Led by Mayor Boesch. INVOCATION: Pastor Nolen Rollins from Legacy Church.  ROLL CALL: Present: Mayor Jim Boesch - District 5, Vice Mayor Bill Ribble- District 1, Councilmember Howard Levitan - District 2, Councilmember Jon McLain- District 3, Councilmember Katy Errington - District 4, Councilmember Nick Batos- Also present: Village Manager Steve Sarkozy, Assistant to Village Manager Kyle Coleman, Public Works Director David Willems, Finance Director Lisa Roberson, Community Development Director Mary Gibbs, and Village Clerk Kathy Hall. APPROVAL OF AGENDA, ADDITIONS, AND DELETIONS:  District 6, and Councilmember Jim Wilson - District7 7.  2.  Motion: Move to approve the agenda, adding Resolution No. 2018-23 as Agenda Item  4(g).  Motion by: Vice Mayor Ribble Seconded by: Councilmember Batos Action: Approved the agenda as revised  Vote: Aye: Unanimous Nay: Abstentions:  Village Council Special Meeting Final Action Agenda/Minutes - December 12, 2018  Page 1of9    3.  PUBLIC COMMENT ON NON-AGENDA ITEMS: and work together as a Council in the interest of] Estero.  Garth Errington, Breckenridge, congratulated the Council for being able to move: forward Bob Lienesch, Brooks, Finance Director of ECCL, stated he is in favor ofnaming the Peter Cangialosi, ECCL, stated Lee County is proposing ai major change to the Lee County Comprehensive Plan and deleting several restrictions that control mining.  bridge the Don Eslick Bridge.  4.  ACTION ITEMS:  (a) "Estero on the River " Consideration of Waiving Contingencies and Move to Recommended Action: Motion to waive contingencies and move to address financing Village Manager Sarkozy spoke regarding transparency of the record, due diligence, reviewing documentation addressing contingencies, and reviewing the findings. John Paulich, Village Real Estate advisor, stated hel has done due diligence over the last few weeks and documents have been prepared and signed by all parties. Village Land Use Counsel Stroud spoke regarding land use. She spoke with Mr. Solis and adjustments have been made regarding the zoning resolution, proportionate share and Financial Advisor Maryann Edmonds with PRAG, updated the Council regarding locking Questions or Comments: Councilmembers had questions regarding interest rates if the government shuts down, ownership of mineral rights, and ifthe three-party agreement  Closing  issues.  the density language. in the interest rate.  can be in recordable form. Public Comment: None recordable form.  Motion: Motion to waive contingencies and have the three-party agreement be ina a  Motion by: Vice Mayor Ribble Seconded by: Councilmember McLain  Questions or Comments: None Vote: Aye: Unanimous Nay: Abstentions:  Village Council Special Meeting Final Action Agenda/Minutes - December 12, 2018  Page 2 of9    (b) Resolution No. 2018-22 A Resolution oft the Village Council oft the Village of Estero, Florida, Authorizing Acceptance of a Loan Commitment from Capital Bank, Al Division of First Tennessee Bank, National Association, as Described Herein; Making Certain Other Covenants and Agreements in Connection Therewith; Providing for Severability; and Providing an Effective Date  Questions or Comments: None Public Comment: None  Motion: Move to adopt Resolution No. 2018-22: incorporating the selected interest rate  lock option with amended language. Motion by: Councimember Batos Seconded by: Councilmember Wilson  Vote: Aye: Unanimous Nay: Abstentions:  (c) Estero Parkway Budget  Recommended Action: Two separate potential actions are provided for Council's consideration to establish the project's construction budget. Action 1: Council to establish the project's construction budget for the following budget items: Mill & Overlay; Curbing; Conduit; Roadway Signage; Sidewalk; Drainage & Swales; Landscaping; Irrigation; Pavement Widening; Access The budget for the designs previously presented to Council is $8,090,000. Action 2: Council to establish the project's construction budget related to street lighting. Installation of street lights along the entire roadway is estimated tol be $1,200,000. Installation of conduit only for future installation of street light is  Management Improvements.  estimated to be $200,000.  Village Manager Sarkozy introduced the item. Village Public Works Director Willems described the two proposed actions. Village Manager Sarkozy provided further Questions or Comments: Councilmembers had questions about the reimbursement  explanation; recommending moving forward with action 1. from Lee County, maintenance for the landscaping, and lighting.  Village Council Special Meeting Final Action Agenda/Minutes - December 12,2018  Page 3of9    Public Comment:  JoAnn Susko, Cascades, stated she does not have a: firm commitment from the HOA regarding the water but will go back to them to get one. She agreed the parkway needs Bob Brady, Belle Lago, spoke about the traffic and darkness of the roadway. Jim Lowry, Belle Lago, President ofHOA, encouraged safety first and aesthetics second. Ed Mehmel, Rookery Pointe, stated they can commit to continuing to water the  lighting.  landscaping and is in favor ofa adequate lighting. Motion: Move to approve action 1.  Motion by: Councilmember Wilson Seconded by: Vicel Mayor Ribble  Questions or Comments: None Vote: Aye: Unanimous Nay: Abstentions:  Motion: Move to approve action 2; add $1.2 million for lighting to the entire $8  million and move that forward.  Motion by: Councilmember McLain Seconded by: Councilmember Errington  Prior to the vote Councilman Levitan moved to table the item until wei receive bids on the main project. Seconded by Councilman Batos. The motion failed. After discussion, the Questions or Comments: Councilmembers had questions about budget, lighting, water oflandscaping, and if changes are allowed once the bids have come in. Motion: Move to approve action 2; add $1.2 million for lighting to the entire budget  original motion was voted on.  and move that forward Motion by:  Councilmember McLain  Seconded by: Councilmember Errington  Vote:  Aye: Councilmembers Wilson, Errington, McLain, Vice Mayor Ribble Nay: Councilmembers Batos, Levitan, Mayor Boesch  Abstentions:  Village Council Special Meeting Final. Action Agenda/Minutes - December 12,2018  Page 4of9    (d) Village of Estero Branding and Roadway Monument Sign Contract Approval RFQ: 2018-  03  Village Manager Sarkozy introduced this item, and Village Public Works Director Willems explained the Village has started negotiation with the number one ranked firm. Wel have worked out a scope and fee outline. The cost is about $129,000. In the CIP, we have budgeted $131,000. We are asking for approval ofall six phases. However, we will only release the first four phases; the last two phases rely on the first four phases. It should take about nine months to a year to complete. We would like them to start the  project in January  Questions or Comments: None Public Comment: None  Motion: Move to approve the contract with Frazer Enterprises Inc. DBA Vitalink for  the Branding and Roadway Monument Sign project and authorize the Village Manager to execute the contract documents on behalf oft the Village of Estero  Council.  Motion by: Councilmember Errington Seconded by: Vice Mayor Ribble  Questions or Comments: None  Vote: Aye: Unanimous Nay: Abstentions:  (e) March 5, 2019 Election  (1) Determine Whether to Conduct Early Voting for the March 5, 2019: Election and (2) Resolution No. 2018-21 A Resolution oft the Village Council oft the Village of Estero, Florida, calling for an Election for Village of] Estero Council Members; Setting the Date; Providing for Ballot Language; Requesting the Lee County Supervisor of Elections to Conduct the Election and Certify the Results to the  Choose a Site for Early Voting  Estero Village Council; and Providing an Effective Date The title of Resolution No. 2018-21 was read by the Village Clerk. Village Manager Sarkozy provided explanation regarding early voting.  Questions or Comments: Councilmembers had a question if the Village was permitted  to do voting by mail only. Public Comment: None  Village Council Special Meeting Final Action Agenda/Minutes- - December 12, 2018  Page 5of9    Motion: Move to not have early voting and to adopt Resolution No. 2018-21.  Motion by: Councilmember Batos Seconded by: Vice Mayor Ribble  Questions or Comments: Councilmember Levitan- stated he would like to research if the Village may use only mail in ballots for the future for our elections.  Vote: Aye: Unanimous Nay: Abstentions:  (f) Peer Review of] Mine Report  Village Manager Sarkozy introduced and reviewed the report from the previous meeting regarding the peer review. He stated the Village is asking to allocate $15,000 tol hire a Community Development Director Gibbs stated the peer review could provide objective Questions or Comments: Councilmembers had questions about the Lee County report  peer review consultant.  insight.  and whether hiring a consultant would benefit the Village. The following expressed support oft the peer review: Kelly McNab, Conservancy ofSWFL Matt Uhle, Fort Myers, representing Sakata Seed Arvo Rahe, Corkscrew Estates Court Kim Rahe, Corkscrew Estates Court Peter Cangialosi, ECCL Joe Miceli, Rookery Pointe Michael Cann, Mayflower Way E Richard Quist, Copperleaf Greg Stuart, representing Sakata Seed Don Eslick, ECCL, in support of peer review.  Public Comment:  Motion: Approved hiring a consultant to be selected by stafft to conduct a peer review ofthe Mine Report by Stuart and Associates. Included at the same time was authorization to staffa and Village Attorney to attend the county meeting on December 17th toi request that changes should not be made and that we each can let the commissioners know how  we: feel about their actions. Motion by:  Councimember Batos  Seconded by: Councilmember Wilson  Questions or Comments: None  Village Council Special Meeting Final Action. Agenda/Minutes - December 12, 2018  Page 6 of9    Vote: Motion to. Approve the hiring ofa consultant and for stafft to attend December  17th meeting Nay: Abstentions:  Aye: Unanimous (Roll Call vote)  (g) Resolution No. 2018-23 AJ Resolution of the Village Council ofthe Village ofEstero, Florida, Respectfully Requesting the Lee County Board ofCounty Commissioners Reconsider Their Vote on December 4, 2018 and Reinstate the Name ofthe Don Eslick The title of] Resolution No. 2018-23 was read by the Village Clerk and the Mayor read  Bridge in the Village of Estero; and Providing an Effective Date  the resolution ini its entirety.  Questions or Comments: Councilmembers stated they would like to address Lee  Commissioners regarding the renaming of the bridge.  Public Comment:  Scotty Wood, West Bay Club, stated he is in support of the resolution and read excerpts  from al letter that he recently wrote tot the commissioners. Bob King, Bella Terra, stated he is in support ofthe resolution. Motion: Move to adopt Resolution No. 2018-23. Motion by: Councilmember Batos Seconded by: Councilmember Errington Action: Adopted Resolution No. 2018-23. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  5.  PUBLIC COMMENT ON NON-AGENDAI ITEMS: None.  Village Attorney Saunders, asked for ten-minute recess at 12:00 p.m. and reconvened at Village Attorney Saunders stated there is an issue now on waiving ofcontingencies, and Kate Brown stated today is the last day to waive contingencies and any contingencies that are. left are aj problem. Mr. Paulich does not believe recording is necessary. Village Attorney Saunders stated he also spoke with Mr. Solis and it would take more time to execute and record the document. Village Attorney recommended leaving the action  12:10 p.m.  recording oft the three-party agreement for the land purchase.  item the way it was or eliminate the recording.  Village Council Special Meeting Final Action Agenda/Minutes - December 12, 2018  Page 7of9    Councilmembers had questions about possible ramifications ofi not having it recorded. There was some disagreement as to whetheri it needs to be recorded. Motion: to reconsider the vote on agenda item 4(a)  Motion by: Seconded by:  Councilmember Batos Councilmember Wilson  Questions or Comments: None  Vote: Abstentions: party agreement.  Aye: Councilmember McLain, Errington, Batos, Wilson, Mayor Boesch  Nay: Councilmember Levitan and Vice Mayor Ribble  Decision was to undo the previous motion regarding the requirement to record the three- Village Attorney Saunders explained that the motion was to proceed without the Motion: Motion to proceed without contingencies, and directing staff to move  recording contingencies; directing staff to move forward.  forward  Motion by: Councilmember Batos Seconded by: Councimember Wilson  Questions or Comments: None  Vote: Abstentions:  Aye: Councilmembers McLain, Errington, Batos, Wilson, Mayor Boesch  Nay: Councilmember Levitan and Vice Mayor Ribble  6.  COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS: Vice Mayor Ribble spoke regarding The Swamp Cabbage Festival in LaBelle. Councilmember Errington stated the oldest 108-year-old in Estero lady passed away, Councilmember Wilson stated that the traffic signal at Hertz Arena and Grandezza  Mildred Lewis.  became operational yesterday.  7. 8.  VILLAGE ATTORNEY'S REPORT: None VILLAGE MANAGER'S REPORT: None  Village Council Special Meeting Final Action. Agenda/Minutes December 12,2018  Page 8 of9    A motion to adjourn was: made and duly passed. ADJOURNMENT: 12:47 p.m.  9.  ATTEST:  VILLAGE OF ESTERO, FLORIDA  By: Ris Baa Meyan Bill Ribble, Maybr  hh  Kathy Hall, MMC, Village Clerk or behelf of ARHhy Ael!  Village Council Special Meeting Final Action Agenda/Minutes - December 12,2018  Page 90 of9