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/estero-flgovlcoungilwatch-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 MAY 1, 2019  FINAL. ACTION AGENDAMINUTES VILLAGE COUNCIL MEETING Village of] Estero Council Chambers 9401 Corkscrew Palms Circle Estero, FL 33928 April 24, 2019 9:30 a.m.  1.  CALL TO ORDER: 9:30a.m.  PLEDGE OF ALLEGIANCE: Led by Councimember Batos. INVOCATION: Pastor Frank Brand from First Baptist Church of Estero. Mayor Ribble announced information regarding the May 2, 2019 memorial services for ROLL CALL: Present: Mayor Bill Ribble District 1, Vice Mayor Katy Errington 1- 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, Village Land Use. Attorney Nancy Stroud, 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:  Lee County Commissioner Larry Kiker.  6, and Councilmember Jim Wilson - District 7.  2.  Councilmember Batos requested that Agenda Item 8 (c) related to the mining application recently approved by thel Lee County Board of County Commissioners be added to the Motion: Move to approve the agenda as amended, adding agenda item 8 (c).  agenda.  Motion by: Councilmember Wilson Seconded by: Councilmember McLain  Village Council Meeting Final Action Agenda/Minutes- April2 24,2019  Page 1 of8    Action: Approved the agenda as amended, adding agenda item 8 (c).  Vote: Nay: Abstentions: PRESENTATIONS:  Aye: Unanimous (Roll call vote)  3.  (a) Dr. Sandra Kauanui - Florida Gulfo Coast University, Center for Entrepreneurship Dr. Kauanui offered a PowerPoint Presentation entitled FGCU's CEI Campaign - Center for Entrepreneurship and Innovation, addressing the fund raising campaign supporting all of the colleges across the campus; community involvement; statistics; plans for the Center for Entrepreneurship and Innovation; and FGCU's priority. Dr. Kauanui spoke regarding the spirit of entrepreneurship and announced that she would be going with  and Innovation  Governor DeSantis on his trade: mission to Tel Aviv. Brief questions and comments followed.  (b) JeffTuscan, CPA, Tuscan & Company, PA- Comprehensive Annual Financial JeffTuscan, CPA, highlighted information from the report related to the Certificate of Achievement for Excellence in Financial Reporting; staff's management discussion and analysis; fund balance; internal compliance report; and noted that auditor comments and  Report (CAFR): for the Fiscal Year Ended September 30, 2018  weaknesses were: not found within internal controls.  Briefcomments followed.  Motion: Move to approve the Comprehensive Annual Financial Report (CAFR) for the  Fiscal Year Ended September 30, 2018. Motion by: Councilmember Batos Seconded by: Councilmember Wilson Year Ended September 30, 2018.  Action: Approved the Comprehensive Annual Financial Report (CAFR) for the Fiscal  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  4.  PUBLIC COMMENT ON NON-AGENDA ITEMS:  Joe Miceli, Rookery Pointe, spoke to the recent mining decision by the Lee County Board  ofCounty Commissioners.  Village Council Meeting Final Action Agenda/Minutes- - April 24,2019  Page 2of8    5.  CONSENT AGENDA:  (a) April 3, 2019 Council Meeting Minutes  Public Comment: None.  Motion: Move to approve the Consent Agenda. Motion by: Councilmember Boesch Seconded by: Councilmember Errington Action: Approved the Consent Agenda. Aye: Unanimous (Roll call vote)  Vote: Nay: Abstentions:  6. 7.  CONSIDERATION OF ITEMS DEFERRED FROM CONSENT AGENDA: None.  ORDINANCE SECOND READING AND PUBLIC HEARING:  (a) Ordinance No. 2019-22 An Ordinance oft the Village Council of the Village of Estero, Further Amending Ordinance No. 15-01 Regarding Appeals from the Village Planning and Zoning Board and from the Design Review Board; Amending Ordinance 15-01 to Require Written Recommendations from the Village Manager orl His Designee to the Planning and Zoning Board and Design Review Board; Providing a Severability Clause; and Providing an. Effective Date Mayor Ribble introduced the ordinance, the Clerk responded affirmatively when asked whether the ordinance had been published, followed byt the title being read into the record. Village Manager Sarkozy provided a briefe explanation oft the ordinance.  Briefcomments and questions followed. Public Comment: None.  Motion: Move to adopt Ordinance No. 2019-22. Motion by: Councilmember Levitan Seconded by: Councilmember Batos Action: Adopted Ordinance No. 2019-22. Aye: Unanimous (Roll call vote)  Vote: Nay: Abstentions:  Village Council Meeting Final. Action. Agenda/Minutes- - April 24,2019  Page 3 of8    8.  ACTION ITEMS:  (a) Contract Renewal for Codel Enforcement Special Magistrate for an increased rate and that staffrecommended approval.  Village Manager Sarkozy provided an explanation oft the contract, noting that it allowed  Questions or Comments: None. Public Comment: None.  Motion: Move to approve the contract renewal for Code Enforcement Special  Magistrate.  Motion by: Councilmember Boesch Seconded by: Councilmember Errington  Action: Approved the contract renewal for Code Enforcement Special  Magistrate.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  (b) Approval ofConsultants Ranking for Estero River Sedimentation Analysis Village Manager Sarkozy: provided an explanation, noting that this would involve an engineering review of what is in the sediment, and pointed out that staff had reviewed the proposers. Village Public Works Director Willems provided comments regarding the ranking process and the reasons for selecting the consultant ranked as No. 1. He also referred to thei irrigation main that recently broke; the fact that Calusa Waterkeepers took only one sample at the ditch and that there were no septic tanks near that area. Hei noted Questions or Comments: Councilmembers Levitan, Boesch, Vice Mayor Errington, and Mayor Ribble. Discussion included a description of the scope of work; concern regarding recent news about the quality of the water and whether the Village should proceed at this point in time; a request that the Public Works Director work with the people atl FGCU; Public Works Director commended for taking the initiative to start the process; this may be al broader problem than just septic systems; issues discussed by all Mayors regarding septic systems; whether reclaimed water was tested; concern regarding making the public aware of what the Village was planning to do; suggestion that a workshop be scheduled regarding septic systems; including the county in discussions;  that he has asked to speak with the Waterkeepers.  and addressing septic to sewer conversion was a large project.  Public Comment: None.  Motion: Move to: (1)Approve consultants ranking for Estero River Sedimentation  Analysis as follows: Number 1 - Coastal Engineering Consultants, Inc.; Number 2 - Taylor Engineering, Inc.; Number 3 -TKW Consulting  Village Councill Meeting Final Action Agenda/Minutes: April 24, 2019  Page 4 of8    Engineers, Inc.; and Number 4- GHD Inc. (2) Authorize staffto negotiate a contract with thel Number 11 ranked firm, Coastal Engineering Consultants, Inc. toj provide professional services to perform a sedimentation analysis of  the Estero River. Motion by:  Councilmember Levitan  Seconded by: Councilmember Batos  Action: (1)Approved consultants ranking for Estero River Sedimentation  Analysis as follows: Number 1 - Coastal Engineering Consultants, Inc.; Number 2 - Taylor Engineering, Inc.; Number 3 -TKW Consulting Engineers, Inc.; and Number 4 - GHD Inc. (2) Authorized staff to negotiate acontract with the Number 1 ranked firm, Coastal Engineering Consultants, Inc. toj provide professional services to perform a sedimentation analysis of  the Estero River.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  (c) Extension of Contract with Spikowski Planning Associates  Councilmember Batos requested consideration of an extension ofthe contract with Spikowski Planning Associates related to the mining issues with the purpose of gathering the specifics oft the areas of concern in order to be transmitted to the various reviewing organizations oft the comprehensive plan as well as any future issues that Council may Questions or Comments: Councilmembers Levitan, Wilson, Batos, and McLain. Discussion included preparing the letters for the specific agencies the county will be seeking approval from; following the process and making certain all the necessary steps are: followed sO that the Village is on the record to challenge; and the 30-day timeline. Village Manager Sarkozy stated that staff and Mr. Spikowski, as an expert, would frame Motion: Move to extend the contract with Spikowski Planning Associates not to  choose to select regarding thei mining issue.  the letters.  exceed $10,000. Motion by:  Councimember Batos  Seconded by: Councilmember Boesch  Action: Approved extending the contract with Spikowski Planning Associates not to  exceed $10,000.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  Village Councill Meeting Final Action Agenda/Minutes April 24, 2019  Page 5of8    9.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None. 10. COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS:  Councilmember Levitan: Provided an update on the Land Development Code project. Councilmember McLain: Requested that staff contact the Lee County Sheriff's Office to make them aware ofthe illegal turning maneuvers on Estero Parkway near the Estero Vice Mayor Errington: Expressed displeasure with the treatment from Lee County Board Councilmember Boesch: Spoke regarding Joel Miceli working with FGCU related to blue-green algae research, as well as ai meeting with John Cassani, Calusa Waterkeeper. Councilmember Batos: Noted that his take-away from the recent Lee County Board of County Commissioners meeting was that the Village Council treats the people of the Councilmember Wilson: Spoke regarding an issue brought up from a resident related to cell phone reception problems. He inquired whether the Village had a map that indicated cell tower! locations. Village Community Development Director Gibbs responded that Mayor Ribble: Stated that he would not support anyone that does not live in the area as a replacement for Commissioner Kiker. He also called attention to a flyer distributed to Councilmembers regarding a celebration event, July 20, 2019, at The Club at Grandezza,  Grande community.  ofCounty Commissioners at their recent meeting.  Village a lot better.  she would look into it.  in honor oft the 50th anniversary oft the. Apollo moon landing.  11. VILLAGE ATTORNEY'S REPORT: None. 12. VILLAGE MANAGER'S REPORT: None.  The meeting went into recess at 11:00 a.m. and reconvened at 11:05 a.m. Adjourn Regular Session and Convene Workshop  13. WORKSHOP ITEMS:  (a) Community Development Block Grant - Urban County Cooperation Agreement Village Manager Sarkozy provided an explanation regarding an 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 of Housing and Urban Development (HUD). Hei noted that the county would administer the program for a small portion of the cost and he believed that the Village  should get involved with the grant for the good of the community.  Village Council Meeting Final Action Agenda/Minutes: - April 24, 2019  Page 6 of8    Questions or Comments: Councilmembers Wilson, Boesch, and Levitan. Discussion included a clarification regarding page 7 ofthe agreement; conçern regarding strings attached to grants; and whether the Village would need a grant consultant.  Public Comment: None.  11:00 a.m. 14. ATTORNEYICLIENT SESSION PURSUANT TO 286.011(8), FLORIDA  STATUTES RELATINGTO THE 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, LLC and Templeton Family Trust V. Village of Estero, SFWMD No. 2019-015-  DAO-ERP  11:14 a.m. Council relocated to the Executive Conference Room on the second floor of  Village Hall.  (a) CHAIR ANNOUNCEMENT  (b) CLOSE THE OPEN MEETING AND COMMENCE ATTORNEYICLIENT  SESSION  Persons Attending the Attorney/Client Session:  Mayor Bill Ribble Vice Mayor Katy Errington Councilmember Howard Levitan Councilmember Jon McLain Councilmember James Boesch 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  12:30 p.m. Council relocated to the Council Chambers. A motion to adjourn was made and duly passed.  Village Council Meeting Final Action Agenda/Minutes April 24,2019  Page 7of8    15. ADJOURNMENT: 12:34 p.m.  ATTEST:  VILLAGE OF ESTERO, FLORIDA  Biurba4 Bill Ribble, Mayor  By: athHu KathyHall, MMC, Village Clerk  By:  Village Council Meeting Final Action Agenda/Minutes: April 124,2019  Page 8 of8