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:lestero-fl-govlcouncl/watch-meetings-online. Staff reports, resolutions, ordinances, and other documents related to this meeting are available at https:l/estero- fl.gov/agendas at the corresponding agenda date. APPROVED BY COUNCIL NOVEMBER 28, 2018 FINAL. ACTION AGENDAMINUTES VILLAGE COUNCIL MEETING Village of] Estero Council Chambers 9401 Corkscrew Palms Circle Estero, FL33928 September 20, 2018 5:30 p.m. 1. OPENING EXERCISES: (Includes call to order, roll call, pledge of allegiance, announcements, proclamations, and ceremonial presentations) Call to Order: 5:30 p.m. Pledge of Allegiance: Led by Mayor Boesch. Invocation: Pastor Mark Goodman from Christ Community Ministries. Roll Call: Present: Mayor Jim Boesch - District 5, Vice Mayor Bill Ribble - District 1, Councilmember Howard Levitan - District 2, Councilmember Jon McLain - District3, Councilmember Katy Errington - District 4, Councilmember Nick Batos - District 6, and Also present: Village Manager Steve Sarkozy, Village Assistant Attorney Derek Rooney, Assistant to Village Manager Kyle Coleman, Public Works Director David Willems, Finance Director Lisa Roberson, and Village Clerk Kathy Hall. (Note: The video stream was inoperable at the beginning oft the meeting) Lee County Commissioner Cecil Pendergrass expressed appreciation to the Village Council, referenced Agenda Item 6 (a), and addressed the importance ofthe Village Councilmember Jim Wilson - District7 7. acquiring 62 acres in aj prime location oft the Village of] Estero. APPROVAL OF AGENDA, ADDITIONS, AND DELETIONS: 2. Motion: Move to approve the agenda. Motion by: Councilmember Ribble Seconded by: Councilmember McLain Village Council Meeting Final Action. Agenda/Minutes- - September 20, 2018 Page 1of7 Action: Approved the agenda. Aye: Unanimous (Roll Call vote) Vote: Nay: Abstentions: 3. PUBLIC COMMENT ON NON-AGENDA ITEMS: Gary Israel, Publisher, Estero Life Magazine, spoke regarding the changeover from Peter Cangialosi, ECCL, encouraged Council to continue support for Estero Bay Agency Bill Carr, Riverwoods Plantation, expressed appreciation for the drainage repair near Poinciana Avenue; addressed concern regarding Broadway Avenue West and consideration oftemporary roadway yreflectors to assist with nighttime drivers. Germain Arena tol Hertz Arena. on Bay Management. 4. CONSENT AGENDA: (a) June 27,2018 Council Meeting Minutes Motion: Move to approve the Consent Agenda. Motion by: Councilmember Wilson Seconded by: Councilmember McLain Action: Approved the Consent. Agenda. Aye: Unanimous (Roll Call vote) Vote: Nay: Abstentions: PUBLIC HEARINGS: 5. (a) Resolution No. 2018-14. A Resolution of the Village Council oft the Village of Estero, Lee County, Florida, Adopting the Final Levying of Ad Valorem Taxes for the Village of Estero, Lee County, Florida, for Fiscal Year 2018-2019; and Providing an Effective Date Mayor Boesch introduced the hearing. Resolution No. 2018-14 was read ini its entirety Village Manager Sarkozy provided al brief explanation of the resolution, noting that this was the third year in a row that the Village had dropped the tax rate since incorporation Questions or Comments: Councimember Wilson briefly commented regarding the percentage of decrease from where the Village started at incorporation. by Village Clerk Hall. and the Village had the lowest tax rate in Southwest Florida. Village Council Meeting Final. Action Agenda/Minutes September 20, 2018 Page 2of7 Public Comment: None. Motion: Move to adopt Resolution No. 2018-14. Motion by: Vice Mayor Ribble Seconded by: Councilmember Batos Action: Adopted Resolution' No. 2018-14. Aye: Unanimous (Roll Call vote) Vote: Nay: Abstentions: (b) Resolution No. 2018-15. A Resolution oft the Village Council of the Village of Estero, Lee County, Florida, Adopting the Final Budget for Fiscal Year 2018- 2019; and Providing an Effective Date Mayor Boesch introduced the hearing. Resolution No. 2018-15 was read in its entirety Village Manager Sarkozy spoke to the highlights of the Village Manager's Budget Message and offered information regarding Government Lite, yearly focuses, studies, and enhancing the community, via a PowerPoint Presentation entitled "Government, The Questions or Comments: Councilmembers conveyed appreciation and congratulations by Village Clerk Hall. Estero Way." to the Village Manager and staff. Public Comment: None. Motion: Move to adopt Resolution No. 2018-15. Motion by: Councilmember Levitan Seconded by: Councilmember McLain Action: Adopted Resolution No. 2018-15. Aye: Unanimous (Roll call vote) Vote: Nay: Abstentions: ACTION ITEMS: 6. (a) Resolution No. 2018-16. A Resolution of the Village Council oft the Village of Estero, Florida, Authorizing Stafftol Proceed with the Purchase of 62.2+ Acres Adjacent to the Estero River; Determining that it isi in the Best Interest and Welfare oft the Village and its Residents to Explore Funding Sources for the Purposes of Purchasing Lands from Willing Sellers; Proclaiming Support for the Purchase; and Providing an Effective Date Village Council Meeting Final Action. Agenda/Minutes: September 20, 2018 Page 3of7 Resolution No. 2018-16 was read ini its entirety by Village Clerk Hall. Village Manager Sarkozy, via al PowerPoint Presentation entitled "Land Purchase Decision," addressed potential Council action; community input; purchase description; affording the purchase; financing; transparency; and next steps. He explained that options would bel brought back to Council at the October 17,2018 meeting and that the final closing would be approximately during the first quarter of2019. Questions or Comments: Vicel Mayor Ribble and Councilmembers Errington, Batos, Wilson, and Levitan. Discussion included whether the Village Manager had located a law firm to assist with the purchase; disclosure of all: information; a significant and unique opportunity; tremendous public support; this opportunity would not have happened ifthe Village had not incorporated; the purchase would help with developing the Village center. Public Comment: Jim Tatooles, Rapallo, believed this was an outstanding opportunity; offered full support asa ai member of the community as well as a member ofthel Planning & Zoning Board; the purchase had full support oft the ECCL; recommended that the Village perform a thorough examination oft the use and obtain the best land use planner possible. Joe Miceli, Rookery Pointe, was in favor of the purchase, but was noti in favor oft the Village selling any portion ofthe acreage; shared a proposal toj plant marijuana and poppies; he also recommended that a Village Hall bel built on part oft the property. Genelle Grant, Happehatchee Center, offered al briefPowerPoint Presentation entitled "Estero. River and Sacred. Forest" that included information relating to Ellen Peterson and advocating for the environment; Thel Happehatchee Center; Estero Historic Preservation Citizens' Committee; The Happehatchee historic house; bamboo planted by Don Eslick, ECCL, conveyed appreciation to the Village Manager and the staff for proving that the purchase was feasible, and that it was the biggest decision since Irv Nathanson, Lighthouse Bay, expressed support in thej purchase oft the property. Rob Moher, President/CEO, Conservancy of SW Florida, addressed the area south as the critical green space and noted that the Conservancy would be willing to work with the Bill Carr, Riverwoods Plantation, applauded interest in the purchase of the property; believed that the presentation was well written; and encouraged a number ofways for Mayor Boesch asked audience members for a show ofhands in favor ofthe property the Koreshans; and the "Sacred Forest." incorporation. He also spoke to the history oft the property. Village. development. purchase. Village Council Meeting Final Action. Agenda/Minutes- September 20, 2018 Page 40 of7 Motion: Move to adopt Resolution No. 2018-16. Motion by: Councilmember Errington Seconded by: Councilmember McLain Action: Adopted Resolution No. 2018-16. Aye: Unanimous (Roll call vote) Vote: Nay: Abstentions: (b) Lee County Interlocal Agreement for Subgrant Funding via the West Coast Inland Village Manager Sarkozy provided a brief explanation regarding the interlocal agreement providing a commitment from Lee County, and stipulation on Estero, for Estero to be reimbursed for sheriff patrol services provided by the Lee County Sheriff's Office on the Questions or Comments: Councilmembers Levitan, Errington, and McLain. Discussion included making certain that staff got the word out that the Sheriffwas patrolling the river; admiration for Kyle Coleman's work on the Subgrant funding; and Navigation District (WCIND) Estero River. paragraph 3.c. addressing equipment purchases. Public Comment: None. Motion: Move to approve the Interlocal Agreement with Lee County for Subgrant Funding via the West Coast Inland Navigation District (WCIND). Motion by: Councilmember Wilson Seconded by: Councimember Batos Action: Approved the Interlocal Agreement with Lee County for Subgrant Funding via the West Coast Inland Navigation District (WCIND). Vote: Nay: Abstentions: Aye: Unanimous (Roll call vote) (c) 2018-2019 Interlocal Agreement between Village of Estero and Lee County for Village Manager Sarkozy explained the agreement with Lee County for stray animal control services with an annual cost of $33,879. He noted that the cost and effort to replicate this service was not thought to be appropriate given the limited savings. Stray Animal Control Services Public Comment: None. Village Council Meeting Final Action. Agenda/Minutes September 20, 2018 Page 50 of7 Motion: Move to approve the 2018-2019 Interlocal Agreement between Village of Estero and Lee County for Stray Animal Control Services. Motion by: Vicel Mayor Ribble Seconded by: Councilmember Errington Questions or Comments: Mayor Boesch, Vice Mayor Ribble, and Councilmember Errington. Discussion included an inquiry whether alligators were: included; use of Village personnel and equipment would be cost prohibitive; and thej process for dog tags. Action: Approved the 2018-2019 Interlocal Agreement between Village of Estero and Lee County for Stray Animal Control Services. Vote: Nay: Abstentions: Aye: Unanimous (Roll call vote) 7. 8. PUBLIC COMMENT ON NON-AGENDA ITEMS: None. COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS: Councilmember Levitan: (1)Reminded Council that ift the decision regarding the paint color for Hertz Arena came before the Village Council it would be a quasi-judicial hearing process; Council should not make comments at this time. Councilmember Errington: (1) Spoke regarding a Red Roof] Inn in a suburb of Cincinnati that was not permitted tol have the: roof painted red until approximately 15 years after Councilmember Wilson: (1) Conveyed appreciation to the Lee County Board of Commissioners regarding the inclusion of $4.9M for the design phase ofthe widening of Corkscrew Road from Ben Hill Griffin Parkway east to Bella' Terra. Mayor Boesch: (1) Announced there would be ai ribbon cutting at Germain Arena next Monday commemorating ai new arena football league. (2) Reported that the six Lee County cities were getting together regarding the algae problem. Hei reported that. Joe Miceli, a chemist, offered to follow the algae problem as an advisor for the Village. Vice Mayor Ribble noted that he reminded Mayor Ruane to contact oceanography people at FGCU to be involved. Councilmember Levitan suggested that Mr. Miceli be an advisor to thel Mayor in his capacity ofliaison and not get into an advisory type of situation. Councimember Errington inquired regarding thej placement ofs sludge and addressed Joe Miceli responded regarding deep well injection, noting it was not a viable solution. Mayor Boesch suggested that if any ofthe Councilmembers were going to ai meeting approval of the building. concern regarding deep well injection. concerning algae, they could contact Joe Miceli to go with them. Village Councill Meeting Final Action Agenda/Minutes September 20, 2018 Page6 6of7 9. VILLAGE ATTORNEY'S REPORT: Village Assistant Attorney Rooney noted that Code enforcement was going well, addressed thei requests to the Magistrate: related tol lien mitigation, and inquired how the Council would like to enter the lien reduction requests on the agenda. It was suggested that thei requests be placed on the Consent Agenda; ifa Councilmember wished toj pull it offt the Consent Agenda, it could be pulled off for discussion. He also addressed a challenge being filed on the South Florida Water Management District by the City of Sanibel regarding the rulemaking process. Due to the short turn-around time, hei inquired whether the Council had interest in joining thel lawsuit and spoke to the options available to the Council. Discussion followed. Councilmember Levitan suggested that the Sanibel Mayor present the data at an upcoming Village Council meeting. 10. VILLAGE MANAGER'S REPORT: Village Manager Sarkozy reiterated that there should bei no public comments made by the Council regarding thel Hertz. Arena color change;, there was the possibility that the Council may participate in deliberations on this issue. Adjourn Regular Session and Convene Workshop 11. WORKSHOP ITEMS: (a) 2019 Village of Estero Legislative Priorities Village Manager Sarkozy introduced the workshop, noting that he was. looking fori ideas Mayor Boesch spoke to Senator Passidomo becoming the Senate President. Councilmember Batos inquired whether it was possible to: for the Village to obtain funding for part oft thel land purchase. Brief discussion followed. Mayor Boesch spoke briefly about the proposal process. Village Manager Sarkozy addressed the technical data that the state would ask for, including technical data regarding the silt removal from from the Council. the river. Public Comment: None. An motion to adjourn was made and duly passed. 11. ADJOURNMENT: 7:30p.m. ATTEST: VILLAGE OF ESTERO, FLORIDA gaAker By: KathlaL Kathy Hall, MMC, Village Clerk Village Council Meeting Final Action Agenda/Minutes September 20, 2018 Page' 7of7