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:/estero-fl.gov/councl/watch-meetings-onlnel. 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 MARCH 20,2019  FINAL. ACTION AGENDAMINUTES VILLAGE COUNCIL MEETING Village of Estero Council Chambers 9401 Corkscrew Palms Circle Estero, FL: 33928 February 20, 2019 9:30 a.m.  1.  CALL TO ORDER 9:30am PLEDGE OF ALLEGIANCE  INVOCATION: Pastor Tim Carson - Estero Methodist Church  ROLL CALL: Present: Mayor Jim Boesch- - District 5, Vice Mayor Bill Ribble- District 1, Councilmember Howard Levitan - District 2, Councilmember Jon McLain- District3 3, Councilmember Katy Errington - District 4, Councilmember Nick Batos Also present: Village Manager Steve Sarkozy, Village Attorney Burt Saunders, Assistant to Village Manager Kyle Coleman, Public Works Director David Willems, Finance Director Lisa Roberson, Community Development Director Mary Gibbs, and Deputy  District 6, and Councilmember Jim Wilson - District 7.  Village Clerk Tammy Duran.  2.  APPROVAL OF AGENDA, ADDITIONS, AND DELETIONS  Motion: Move to approve the agenda.  Motion by: Councilmember Wilson Seconded by: Vice Mayor Ribble Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  3.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None  Village Council Meeting Agenda - February 20, 2019  Page 1 of7    4.  PROCLAMATIONS:  (a) Cody Hutcheson - Cambridge Award (b) Bryana McCarthy - Cambridge Award (c) Valeria Molinary - Cambridge Award  (d) Estero High School - Students recognized for Outstanding Performance by  Cambridge Assessment International Education (e) Clayton Simmons, Estero High School Principal  5.  CONSENT AGENDA:  (a) Financial Report for the Month Ending December 31, 2018  (b) Intersection Improvements Design - Williams Road & Atlantic Gulf Boulevard Recommended Action: Motion to approve Supplemental Task Authorization (STA)-1 under CN 2018-02 Miscellaneous Professional Services to AIM Engineering & Surveying, Inc. to perform a suite of design services for the Williams Road & Atlantic Gulf] Boulevard Intersection Improvements Project. Financial Impact: The Village of] Estero will pay up to $79,275.08 for the  proposed services.  (c) Trailside Drive and Poinciana Avenue Resurfacing  Recommended Action: Motion to approve Supplemental Task Authorization (STA)-2 under CN 2018-02 Miscellaneous Professional Services to. AIM Engineering & Surveying, Inc. to perform a suite of design services for the Financial Impact: The Village of Estero will pay up to $54,202.52 for the  Trailside Drive and Poinciana Avenue: resurfacing.  proposed services.  (d) Emergency Notification System: Memorandum of Agreement with Lee County Recommended Action: Move to approve the Village Manager to sign the Financial Impact: This represents zero financial impact to the Village (the State of Florida holds the contract with Everbridge, and therefore, any applicable costs  Memorandum of Agreement.  oft the agreement). Public Comment: None  Motion: Move to approve consent agenda Seconded by: Vice Mayor Ribble  Motion by:  Councilmember McLain  Village Council Meeting Agenda - February 20, 2019  Page 2 of7    Vote: Nay: Abstentions:  Aye: Unanimous (Roll Call vote)  Questions or Comments: None  6. 7.  CONSIDERATION OF ITEMS DEFERRED FROM CONSENT AGENDA: None  ACTION ITEMS:  (a) Request for Attorney/Client Session on February 27,2019 Pursuant to  286.011(8), Florida Statutes Relating to the Following Cases: Argo Corkscrew Crossing, LP, Argo US, LLC, Argo Land US, LLCand' Templeton Family Trust V. Village of] Estero, DOAH Case No. 18-3613GM; and Village of Estero V. Argo Corkscrew Crossing, LP, Argo US, LLC, Argo Land US, LLC and Templeton Family Trust V. Village of] Estero, SFWMD: No. 2019-015-DAO-ERP  Persons Attending the Attorney/Client Session:  Mayor James Boesch Vice Mayor Bill Ribble Councilmember Howard Levitan Councilmember Jon McLain Councilmember Katy Errington Councilmember Nick Batos Councimember Jim Wilson Attorney Nancy Stroud Attorney Gary Oldehoff Attorney Derek Rooney Attorney Jeffrey Hinds Attorney Jay Bartlett Village Manager Steve Sarkozy TerriLewis, Court Reporter  Executive session to begin at 11:00 a.m. Questions or Comments: None Public Comments: None  Recommended Action: Move to schedule an Attorney/Client Session on February 27,  2019 Pursuant to 286.011(8), Florida Statutes.  Motion by:  Councilmember Wilson  Seconded by: Councilmember Batos  Action: Move to schedule an Attorney/Client Session on February 27,2019 Pursuant  to2 286.011(8), Florida Statutes  Vote:  Village Council Meeting Agenda - February 20, 2019  Page3of7    Aye: Unanimous (Roll Call vote)  Nay: Abstentions:  (b) Amendment One - Contract for US 41 Landscape Design  Recommended Action: Move to approve Amendment One to Contract EC 2018-06 with Kimley-Horn and. Associates, Inc. to add Task 6 - Additional FDOT Coordination/Design Variation Submittal for the US 41 Landscape Design Financial Impact: Task 6 will be performed for the additional lump sum fee  project. of$9,500.  Questions or Comments: None Public Comments: None. Motion by:  Councilmember Errington  Seconded by: Councilmember Batos  Action: Move to approve Amendment One to Contract EC 2018-06 with Kimley-Horn and Associates, Inc. to add Task 6 - Additional FDOT Coordination/Design Variation  Submittal for the US4 41 Landscape Design project. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  Recessing to Workshop Executive Session. 13. WORKSHOP ITEMS:  The Workshop was moved to this place on the agenda due to there being time before the  (a) Public Works Projects Update  Village Manager Sarkozy provided an introduction. Public Works Director Willems presented a PowerPoint presentation to update current/future projects in the Village including Estero Parkway, Coconut Road Traffic Study, the bike/pedestrian master plan, US-41 median landscaping, Corkscrew Road/Lowes intersection, Parks and Recreation Master Plan, Estero on the River, water monitoring, and Stormwater Master Plan update at next Council Meeting, and Questions or Comments: Councilmembers had questions ift the road work would be done by next season to. help the traffic flow, if projects are still on budget, and the best way to do the septic conversion. Councilmember Levitan asked ifthe Council can create an ordinance to have  major roadway repairs.  testing to see: ifthe septic system is failing. Village Council Meeting Agenda - February 20, 2019  Page 4of7    9.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None 10. COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS  Vice Mayor Ribble stated he went to the MPO executive meeting last week. They had a huge discussion regarding motorized scooters on sidewalks and shared walkways. He stated that he would like to Council to look at House Bill 453 and see ifthe Village Councilmember Levitan asked Village Attorney Saunders ifh he had an update on short term: rentals. Village Attorney Saunders stated there is a Senate Bill 812 that will prohibit local municipalities from regulating rentals and it is very limited on what the Village is Councilmember Batos asked ifa date could be set aside: for Peer Review. He stated on February 25th, the LPA will have a hearing to reduce: restrictions on wetlands and that  should come up with their own Ordinance.  able to do.  decision will greatly affect the mining in our area.  11. VILLAGE ATTORNEY'S REPORT  Village Attorney Saunders remarked on a few bills that are currently going through the State Legislation. Senate Bill 588 is prohibiting local governments from banning plastic straws. Another bill is to prohibit local governments from regulating vegetable gardens ons single family lots. One final bill in the early stages is looking to prohibit the  regulations local governments canj put on businesses.  12. VILLAGE MANAGER'S REPORT  Village Manager Sarkozy stated that there are discussions ongoing with the school district and Lee County. We seek the Council's approval to take our talks to the next level with Lee County and to begin preliminary talks regarding new projects and collaboration of using joint facilities. Council gave their approval to move forward and for Councilmember McLain to serve as Council liaison to: monitor or be part of those The litigation brought forth by six cities in Lee County against South Florida Water Management District has gotten very complex and went beyond the original estimate. Each oft the cities has now been asked to contribute $30,000. The Village Manager is Action: Motion to approve the Village Manager to expend up to $30,000 for the Questions or Comments: Councilmembers commented on whether the Village should  discussions.  asking for the Council approval.  litigation against South Florida Water Management District.  have to spend $20,000 or $30,000. Public Comments: None. Motion by:  Councimember McLain  Seconded by: Vice Mayor Ribble  Village Council Meeting Agenda - February 20, 2019  Page 5of7    Vote: Nay: Abstentions:  Aye: Unanimous (Roll Call vote)  Meeting adjourned to Executive Session at 11:10 a.m.  11:00 a.m. 8.  ATTORNEY/CLIENT SESSION PURSUANTTO2 286.011(8), FLORIDA STATUTES RELATINGTOTHE FOLLOWING CASES:  Argo Corkscrew Crossing, LP, Argo US, LLC, Argo Land US, LLC and Templeton Family Trust V. Village of Estero, DOAH Case No. 18-3613GM; and Village of Estero V. Argo Corkscrew Crossing, LP, Argo US, LLC, Argo Land US, LLCand' Templeton Family Trust V. Village of Estero, SFWMD No. 2019-015-  DAO-ERP  (a) CHAIR ANNOUNCEMENT  (b) CLOSE THE OPEN MEETING AND COMMENCE ATTORNEYICLIENT  SESSION  Persons Attending the. Attorney/Client Session:  MayorJ James Boesch Vice Mayor Bill Ribble Councilmember Howard Levitan Councimember Jon McLain Councimember Katy Errington Councilmember Nick Batos Councilmember Jim Wilson Attorney Nancy Stroud Attorney Burt Saunders Attorney Jeffrey Hinds Attorney Jay Bartlett Village Manager Steve Sarkozy Terri Lewis, Court Reporter  (c) REOPEN MEETING/CHAIR ANNOUNCEMENT  Council reconvened at 12:02 p.m. 14. ADJOURNMENT Action: Roll taken to adjourn  Vote: Nay: Abstentions:  Aye: Unanimous (Roll Call vote)  Village Council Meeting Agenda - February 20, 2019  Page 6of7    Meeting adjourned at 12:12 p.m.  ATTEST:  VILLAGE OF ESTERO, FLORIDA By: Rus BAL My. Bill Ribble, Mayor  By:  Cuh Kathyl AYMMC, Village Clerk 6A6 6hlF-pKaHyk4  Ifyoud desiret toa addresst the Council, please complete aPublic Comment Card andr returni ittot the Village Clerk. Citizens desiringt to speak musts step upt to the podium, statet theirf full ADA Assistance- Anyoner needings special assistance at the Boardi meeting duet toa disability or physical impairment should contact Village Clerkl Kathy Hall, 239-221-5033,at "Ifap person decides toa appeala any decision made byt theb board, agency, orc commission witht respectt to any matter considered: at such mecting or hearing, heo or shev will needa recording oft the proceeding, andt that, fors such purpose, hec ors she may need to ensuret thata a verbatim recording ofthe proceedings is made, which recordi includes thet testimony and  name anda address, andy whom hec or shei represents. least 481 hours prior tot ther meeting. Pursuant to Section2 286.0105, Florida Statutes: evidence upony whicht the appeali ist tol beb based."  Village Council Meeting Agenda - February 20, 2019  Page 7of7