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 htp:l/estere-fl.govlounei/watch-meetings-online. Staff reports, resolutions, ordinances, and other documents related to this meeting are available at https:llestero-  fl.gov/agendas/ at the corresponding agenda date.  APPROVED BY COUNCIL APRIL 24, 2019  FINAL. ACTION AGENDAMINUTES VILLAGE COUNCIL MEETING Village of Estero Council Chambers 9401 Corkscrew Palms Circle Estero, FL: 33928 April 13,2019 9:30 a.m.  1.  CALL' TO ORDER: 9:30 a.m.  PLEDGE OF ALLEGIANCE: Led by Councilmember McLain. INVOCATION: Pastor Mark Goodman from Christ Community Ministries. ROLL CALL: Present: Mayor Bill Ribble- - District 1, Vicel Mayor Katy Errington - District 4, Councilmember Howard Levitan - District 2, Councilmember Jon McLain- District 3, Councilmember Jim Boesch - District 5, Councilmember Nick Batos District Also present: Village Manager Steve Sarkozy, Village. Attorney Burt Saunders, Assistant Village Attorney Derek Rooney, 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.  6, and Councilmember Jim Wilson - District 7.  2.  PROCLAMATIONS:  (a) Zach Lozano - Florida Gopher Tortoise Day  Presented by Vice Mayor Errington to Zach Lozano, Koreshan State. Park Manager, proclaiming April 10, 2019 as Gopher Tortoise Day. APPROVAL OF AGENDA, ADDITIONS, AND DELETIONS:  3.  Village Attorney Saunders requested items tol be added under Agenda Item 10 - Village Attorney's Report: (1)Closed Session on April 24, 2019 relating to the Comprehensive Plan litigation, as well as litigation involving the South Florida Water Management District. (2). Appointment of1 law firm to handle the litigation on behalfoft the Village of  Estero.  Village Council Meeting Final Action. Agenda/Minutes- - April3,2019  Page 1 of7    Motion: Move to approve the agenda as amended, adding two items under Agenda  Item 10-1 Village Attorney's Report. Motion by: Councilmember Batos Seconded by: Councilmember Wilson Item 10 Village Attorney's! Report.  Action: Approved the agenda as amended, adding two items under Agenda  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  4. 5.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None.  CONSENT AGENDA:  (a) Financial Report for the Month Ending February 28, 2019 (b) March 20, 2019 Council Meeting Minutes  Public Comment: None.  Motion: Move to approve the Consent Agenda. Motion by: Councilmember Levitan Seconded by: Councilmember Wilson Action: Approved the Consent Agenda. Aye: Unanimous (Roll call vote)  Vote: Nay: Abstentions:  6. 7.  CONSIDERATION OF ITEMS DEFERRED FROM CONSENT AGENDA: None.  ACTION. ITEMS:  (a) Hurricane Irma Reimbursement Contract with State of] Florida  Village Manager Sarkozy provided an introduction and Assistant to Village Manager Coleman provided an explanation regarding the contract that provides the mechanism for the Village to receive reimbursement for expenditures made ini response to Hurricane Questions or Comments: Councilmembers Wilson, Batos, and Levitan. Discussion included reimbursement going back into the general fund; the contract with Lee County that runs through September 2020; expenses incurred by the Village in 2017; and gated  Irma in September of2017.  communities' expenses.  Village Council Meeting Final Action. Agenda/Minutes - April 3,2019  Page 2 of7    Public Comment: None.  Motion: Move to approve contract #Z0803 between the Village of Estero and the State  ofFlorida.  Motion by: Councimember Boesch Seconded by: Councilmember Batos  Action: Approved contract #Z0803 between the Village of Estero and the State  ofFlorida.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  (b) Code Enforcement Mitigation Policy  Resolution No. 2019-03 A Resolution of the Village Council ofthe Village of Estero, Florida, Establishing Certain Policies with Respect tol Municipal Code Enforcement; Providing for Delegation of Authority to the Village Special  Magistrate; and Providing an Effective Date  The title of] Resolution No. 2019-03 was read by Village Clerk Hall. Village Manager Sarkozy reviewed that this topic had been addressed in aj previous workshop and noted that the Village Attorney's office had been working on this. Assistant Village Attorney Rooney: provided an explanation of thei resolution, noting that the resolution was broad in Questions or Comments: Councilmembers Levitan, Batos and McLain. Discussion included the Special Magistrate forwarding lien reduction requests that exceed $100,000; not granting zoning approvals on properties with outstanding fines; ai monthly list of outstanding fines bej provided to Council; possibility of posting violations on the Village Hall bulletin board and website. Assistant Village Attorney Rooney stated he would update the wording in Sections 4 and 5 oft the resolution immediately, in order for the  general and provided authority to work toward negotiations for fines.  resolution to be approved at this meeting. Public Comment: None.  Motion: Move to adopt Resolution No. 2019-03 as amended.  Motion by: Councimember Levitan Seconded by: Councilmember Boesch Action: Adopted Resolution No. 2019-03 as amended.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  Village Council Meeting Final Action. Agenda/Minutes - April3,2019  Page 3 of7    (c) Membership in the Bonita Springs - Estero Economic Development Council Village Manager Sarkozy reviewed that Council agreed last year to provide support to the EDC with the understanding that it would be on a trial basis with further review to any additional contribution. He also noted that the EDC was advocating for businesses south on Alico Road to the County line and that there was ai recent votel by their Board of Directors to change their name to the South Lee Economic Development Council. Questions or Comments: Councilmembers Boesch, Wilson, Batos, Errington, Levitan, McLain and Mayor Ribble. Discussion included questions regarding what the Village benefitted from them; they were repeatedly asked for ai report on results, which were never received; one Board Member had been helpful with schools; thei image ofthe group; the lack ofresults for the Village; ifthey were going to rebrand themselves, it was requested that they be contacted to remove the Village from their website; poor track  (EDC)for2019-20  record; and attendance at their board meetings had dropped off.  Public Comment: None.  Motion: Move to deny the request of$10,000 to support the Bonita Springs - Estero  Economic Development Council for 2019-20. Motion by: Councilmember Wilson Seconded by: Councilmember McLain  Action: Denied the request of$10,000 to support the Bonita Springs - Estero  Economic Development Council for 2019-20.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  8. 9.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None. COUNCIL COMMUNICATIONS. /F FUTURE AGENDA ITEMS: Councilmember Levitan - Called attention to ai recent. News Press editorial "What Civic Engagement is About" and recommended that all Councilmembers read it. Vice Mayor Errington - Addressed: Village Hall security cameras; concern regarding the developments on Corkscrew Road advertising properties located in the Village when in Councilmember Boesch - Reported that letters were: sent to the local Mayors seeking support in opposition to Lee County's proposal to repeal virtually all thei meaningful restrictions oni mining in the DR/GR area in Southeast Lee County. He: strongly suggested that the entire Village Council attend the. April 17,2019 hearing before the Lee County Board ofCounty Commissioners. He noted that he would be meeting with Chauncey Goss, South Florida Water Management District Board Member. Spoke  fact they were located in the county. Briefdiscussion followed.  Village Council Meeting Final Action. Agenda/Minutes- April3,2019  Page 4 of7    regarding Joe Miceli working with FGCU related to blue-green algae research. He also met with Representative Ray Rodriguez as well as John Cassani, Calusa Waterkeeper. Councilmember Batos - Reported that he and Bill Spikowski would be attending the upcoming Bonita Springs City Council meeting to speak regarding limerock mining. Councilmember Wilson - Conveyed appreciation to Marilyn Edwards regarding the voting by mail article. He noted that individual voters needed to go to the Supervisor of Elections website and get themselvesi re-registered because requests for vote-by-mail ballots expire. Discussion followed. Village Attorney Saunders stated that he would provide ai report on how the Supervisor of Elections handles voters dropped from the rolls Mayor Ribble - Provided ai report on his recent trip to Tallahassee to attend Legislative Action Days where he spent time meeting with Senator Passidomo, Representative Rodrigues, and Representative Fitzenhagen, as well as attending hearings.  and the vote-by-mail registration process.  10. VILLAGE ATTORNEY'S REPORT:  Village Attorney Saunders announced the: following attorney/client sessions to be held on Wednesday, April 24, 2019, 11:00 a.m., pursuant to Florida Statute 286.011(8): Argo Corkscrew Crossing, LP, Argo US, LLC, Argo Land US, LLC and Templeton Family Trust V. Village of] Estero, DOAH Case No. 18-3613GM; Village of] Estero V. Argo Corkscrew Crossing, LP, Argo US, LLC, Argo Land US, LLC and Templeton Family Trust V. Village ofl Estero, SFWMD No. 2019-015-DAO-ERP; and Village of Estero V. South Florida Water Management District and Argo Crossing LLP and Argo Corkscrew Village Attorney Saunders also spoke regarding the Smolker Law Firm representing the Village in the case with the South Florida Water Management District and that the Council would need to reaffirm that the Smolker Law Firm will continue to represent the Motion: Move to reaffirm that the Smolker Law Firm will continue to represent the  Crossing, LP, Case No. 19-000531  Village in Case No. 19-000531.  Village in Case No. 19-000531. Motion by: Councilmember Levitan Seconded by: Councilmember Boesch Village in Case No. 19-000531.  Action: Reaffirmed that the Smolker Law Firm will continue to represent the  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  11. VILLAGE MANAGER'S REPORT: None.  Village Council Meeting Final Action. Agenda/Minutes- - April 3,2019  Page 5of7    Adjourn Regular Session and Convene Workshop Thei meeting went into recess at 10:31 a.m. and reconvened at 11:41 a.m.  12. WORKSHOP ITEMS:  (a) Mid-Block Crossing Policy explanations and introductions.  Village Manager Sarkozy and Public Works Director Willems provided brief Richard Arica, Kissinger Campo & Associates, offered PowerPoint Presentation "Consideration of Draft Mid-Block Crossing Policy" that included: Purpose and Objective; References; Policy Criteria and Conditions; Process; and Treatment Selection. Questions or Comments: Councilmembers Boesch, Levitan, Batos, McLain, Errington, and Mayor Ribble. Discussion included suggested locations; need and criteria; CIP and  budget priorities; warrants; and safety concerns.  Public Comment: Robert King, ECCL (b) Estero Branding introductions.  Village Manager Sarkozy and Public Works Director Willems provided brief  Jeanne Frazer, Vitalink, offered PowerPoint Presentation "Brand Options" that included: Questions or Comments: Mayor Ribble and Councilmembers Boesch, Errington, Batos, Levitan, Wilson, and McLain. Discussion included color palette, existing logo,  research; suggested logos and taglines; color palette; and next steps.  and existing tagline "Village with a Vision."  Public Comment: Ed Weil, Rookery Pointe Bill Carr, Riverwoods Plantation Other Comments:  Councilmember Errington commented regarding the Zonta Club of Bonita Springs-Estero annual Woman oft the Year fundraising luncheon on April 16. Mayor Ribble: reminded Council regarding the Lee County Board of County Commissioners meeting on April 17, 9:30 a.m., on the mining issue.  AI motion to adjourn wasi made and duly passed.  Village Council Meeting Final Action Agenda/Minutes-/ April3,2019  Page 6 of7    13. ADJOURNMENT: 11:51 a.m.  ATTEST:  VILLAGE OF ESTERO, FLORIDA  Ru habk Bill Ribble, Mayor  By: Khth).dr Kathy Hall, MMC, Village Clerk  By:  Village Council Meeting Final Action Agenda/Minutes: April3,2019  Page 7of7