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/cstemeliovisoumsinnchmestingstine. 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 December: 5, 2018 9:30 a.m.  1.  CALLTO ORDER: 9:30 a.m.  PLEDGE OF ALLEGIANCE: Led by Mayor Boesch.  INVOCATION: Father Tony Gilborges from Our Lady ofLight Community. 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, Village Attorney Burt Saunders, Village Land Use Counsel 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:  District 6, and Councilmember Jim Wilson - District 7.  2.  Motion: Move to approve the agenda with revisions: Move Workshop Items 13 (d)  and 13 (e) to immediately follow Workshop Item 13 (a) in order to allow Workshops that include consultant presentations to be addressed earlier in the agenda. Village Attorney Saunders requested that Ordinance No. 2018-20 be  continued.  Motion by: Councilmember McLain Seconded by: Councilmember. Levitan Action: Approved the agenda with revisions.  Vote: Aye: Unanimous Nay: Abstentions:  Village Council Meeting Final Action. Agenda/Minutes: - December 5, 2018  Page 1 of7    3. 4.  PUBLIC COMMENT ON NON-AGENDA ITEMS:  None  CONSENT AGENDA:  (a) Financial Report for Month Ended October 31, 2018 (b) October 3, 2018 Council Meeting Minutes  Public Comment: None  Motion: Move to approve the Consent Agenda. Motion by: Councilmember Levitan Seconded by: Councilmember Batos Action: Approved the Consent Agenda.  Vote: Aye: Unanimous Nay: Abstentions:  Questions or Comments: None  5. 6.  CONSIDERATION OF ITEMS DEFERRED FROM CONSENT AGENDA  None  ACTION ITEMS:  (a) Approve Award ofthe Fixed Rate 10 Year Bank Loan RFP to Capital Bank, a Village Manager Sarkozy provided an introduction and reviewed information from the November 28th meeting. He stated that this is by far the best proposal. This will be brought back on December 12 and Vicky Johnson is here in case there are questions. Questions or Comments: Councilmembers had questions regarding prepayment  Division ofF First Tennessee Bank  penalties, and debt service ratio. Public Comment: None  Motion: Move to concur with the recommendation of PRAG and approve award ofthe  Fixed Rate 10-year Bank Loan RFP to Capital Bank, a Division of] First  Tennessee Bank.  Motion by: Vice Mayor Ribble Seconded by: Councilmember Wilson  Questions or Comments: None  Village Council Meeting Final Action. Agenda/Minutes December 5, 2018  Page 2 of7    Vote: Aye: Unanimous Nay: Abstentions:  (b) Estero Chamber ofCommerce Request for Funding  Village Manager Sarkozy reviewed workshop information provided at the November 28th meeting from the Estero Chamber of Commerce. The Chamber is requesting $25,000 as a one-time commitment as a "Diamond" member. The Council has requested supporting documentation bej presented to them in the: near future sO we will have the specific scope oft the administration. The Village should have the documentation within Village Attorney Saunders stated that the motion should contain that the expenditure Questions or Comments: Councilmembers commented on whether to delay until they  the next thirty days.  meets a valid public purpose.  are provided the financial report from the Chamber.  Public Comment: organization.  Barry Freedman asked how appropriate is it to use taxpayer money: for aj private  Questions or Comments: Vice Mayor Ribble commented that every community that he has been involved has helped the chamber; the amount ofi money they generate supports the Village. Village Attorney Saunders stated that there was nothing legally incorrect Motion: Move to approve a one-year investment of $25,000 as a "Diamond Partner  with the expenditure.  with the Estero Chamber of Commerce. The expenditure meets a valid public  purpose.  Motion by: Vice Mayor Ribble Seconded by: Councilmember Errington  Questions or Comments: None  Vote: Nay:  Aye: Councilmembers Batos, Errington, Levitan, Vice Mayor Ribble, Mayor Boesh  Abstentions: Councilmember Wilson  7. FIRST READING OF ORDINANCES:  (a) Ordinance No. 2019-01 An Ordinance ofthe Village Council oft the Village of Estero, Florida, Adopting a Reserve Policy; and Providing an Effective Date  Village Councill Meeting Final Action Agenda/Minutes - December 5, 2018  Page 3of7    Mayor Boesch introduced Ordinance No. 2019-01. Village Clerk Hall read the title of the ordinance. Village Manager Sarkozy provided a briefexplanation ofthe ordinance. Questions or Comments: Councilmembers had questions about how the Reserve would  work.  Motion: Move to approval first reading of Ordinance No. 2019-01.  Motion by: Councimember Wilson Seconded by: Councilmember McLain  Questions or Comments: None Action: Motion to approve first reading  Vote: Aye: Unanimous Nay: Abstentions:  8.  SECOND READING/PUBLIC HEARING OF ORDINANCES:  (a) Ordinance No. 2018-20 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Development District Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Date Village Attorney Saunders advised that this ordinance should be continued to the. January  9,2019 meeting; also re-advertise the hearing. PUBLIC COMMENT ON NON-AGENDA ITEMS:  9.  Patty Whitehead, Tanglewood Lane, stated her street does not have potable water. She had questions about the special assessment process and how to move it forward. Councilmember Levitan thought staff was researching MSBU; Mayor Boesch said that  we will be scheduling a workshop in the future.  8.  COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS:  Councilmember Levitan had concerns that Lee County Commissioners are not notifying Councilmember Wilson stated that he is a member ofthel Economic Development Team  the Village about items that impact Estero.  at the Chamber of Commerce that is working within the Chamber.  11. VILLAGE ATTORNEY'S REPORT: None. 12. VILLAGE MANAGER'S REPORT: None.  The meeting went into recess at 10:25 a.m. and reconvened at 10:35 a.m. Village Council Meeting Final Action. Agenda/Minutes - December 5, 2018  Page 4 of7    Adjourn Regular Session and Convene Workshop  1.  WORKSHOP ITEMS:  (a) Land Purchase Contingencies  Financing Options Real Estate Issues Review of Land Use Issues  Village Manager Sarkozy provided an update on real estate issue and survey. He believes that the survey is accurate now and waiting for final confirmation from John  Paulich.  Village Attorney Saunders stated he is waiting on documents.  Questions or Comments: Councilmembers had concerns regarding future land development, the three-party agreement, the zoning resolution, and gas and oil rights. Steve Hartsell, Pavese Law. Firm, representing JeffLewis, who lives in the adjacent home on Sandy Lane, had concerns regarding rezoning and wants to stress than any future development must be consistent with the zoning resolution that had been negotiated for Note: Workshops (d) and (e) were addressed immediately following Workshop (a).  Public Comment:  the Estero on the River zoning.  (d) US4 41 Median Landscaping  Village Manager Sarkozy provided an introduction. Public Works Director Willems explained they are having challenges FDOT criteria due to speed limit. James Panican from Kimley Horn Architects, and Ed Dean presented a PowerPoint that recapped the previous Council presentation, FDOT criteria, restictionsconsidermion: design concept, coordination and plan development; FDOT design variation (denied by FDOTin] November), plans Development; exploring Other Opportunities, current status Questions or Comments: Councilmembers had questions regarding speed limits, the restriction made by FDOT, and ifcurbing could be changed ifa additional funding  and project schedule, and current project estimate.  opportunities came in the future. Public Comment: None. (e) Estero Parkway Update  Public Works Director Willems introduced the topic. dated December 5, 2018 entitled Project Comparison Costs. Village Council Meeting Final Action Agenda/Minutes - December 5,2 2018  Ted Tryka, provided Preliminary Engineer's Opinion of Probable Construction Cost  Page 5of7    Bruce Howard presented al PowerPoint presentation regarding the project scope, aerial Questions or Comments: Councilmembers had questions regarding irrigation and  views, case study ofs street views, and conceptual landscape design.  street lighting. Public Comment:  Patty Whitehead offered her comments regarding road surface, lane width, and bike paths  and also suggested landscaping in stages. (b) Potable Water Quality  Village Manager Sarkozy provided an introduction. Public Works Director Willems presented a PowerPoint presentation with service providers, service areas, water quality Questions or Comments: Councilmember Errington asked ift that this information can  report, and data from other towns and Lee County. be available in the Village Newsletter.  Public Comment:  Patty Whitehead, Tanglewood Lane, spoke regarding MSTU'sa and believed that they were not available in the Village limits. Councilmember. Levitan explained that they or  similar districts could be established.  (c) Traffic Signal, Street Light and Traffic Sign Standards  Public Works Director Willems presented a PowerPoint presentation with existing Questions or Comments: Councilmembers stated that they would like to give it time  signals.  and readdress the matter at a later meeting. Public Comment: None (f) Mine Report  Village Manager Sarkozy introduced Community Development Director Gibbs who spoke to obtaining a consultant that would cost between $10,000 and $15,000. Questions or Comments: Councilmembers had questions regarding DRGR and whether the consultant's report would be helpful and useful to the Village  Public Comment:  Patty Whitehead, Tanglewood Lane, stated that mines are a serious issue and was in favor  ofthe Village reviewing the mine reports.  Village Council Meeting Final Action Agenda/Minutes - December 5, 2018  Page 6of7    Kelly McNab, Conservancy of Southwest Florida, recommends that village engage in the peer review. Councilmember) Levitan asked Ms. McNab which: report the conservancy was in favor of. She stated that they were not in favor of the Waldrop Study. Greg Stuart, Stuart & Associates, representing Sakata Seed Corp., was in favor of the  peer review.  Don Eslick, ECCL, was ini favor ofthe peer review. Consensus was to put it on the December 12th agenda. Ar motion to adjourn was made and duly passed.  Councilmember Wilson asked that this bej put on the agenda for December 12th  12. ADJOURNMENT: 1:10 p.m.  ATTEST:  VILLAGE OF ESTERO, FLORIDA  By:  By: Ai Bu Bill Ribble,  Kathy! Hal,MMC, Village Clerk OAL bekalfef KhyHek  LL  MH4ge  Village Council Meeting Final Action. Agenda/Minutes - December 5, 2018  Page 7 of7    FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS  LASTN MTESTWVEOENe MIILSON Im MAILINGADDRESS CIy 6STERD DATE ON WHICHVOTE OCCURRED  NAME OFE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ESTERO VILLAGE COKNCIL THEB BOARD, COUNCIL, COMMISSION, AUTAOHITYORCOMMITEEON:  20200 BMRWSIDE #2007  WHICHISERVE ISAUNITOF: cmy NAME OFF POLITICAL: SUBDIVISION: ESTE o MYF POSITIONIS IS:  OCOUNTY ELECTIVE  DJOTHERI LOCAL AGENCY APPOINTIVE  COUNTY  2-05-2018  WHO MUST FILE FORM 8B  This formi is for use by any person serving at the county, city, or other! local level of government on an appointed or elected board, counci, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting Your responsibilities under the law whenf faced with voting on a measure in whichy youl have a conflict ofi interest will vary greatly depending on whether youl hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before  conflict ofi interest under Section 112.3143, Florida Statutes. completing ther reverse: side andi filing the form.  INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES Ap person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain orl loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary ofa corporate principal by which he or she is retained); tot the special private gain orl loss of ar relative; or to thes special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers ofi independent special tax districts elected on a one-acre, one-vote! basis are not prohibited from voting in that Forp purposes of this law, a' "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation  capacity.  are not listed on any national or regional stock exchange).  ELECTED OFFICERS:  Ina addition to abstaining from voting int the situations described above, your must disclose the conflict:  PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with thep person responsible for recording the min-  are abstaining from voting; and  utes oft the meeting, who shouldi incorporate thet form int the minutes.  APPOINTED OFFICERS: bys you or at) your direction, TAKEN:  Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature oft the conflict before making any attempt toi influence the decision, whether orally ori in writing and whether made IF YOUINTEND TO MAKE. ANY ATTEMPT TO INFLUENCE THE DECISION: PRIOR TO THEI MEETING. ATI WHICH THE' VOTE WILLI BE Your must complete andi file this form (before making any attempt toi influence the decision) with the person responsible for recording the  minutes oft the meeting, who willi incorporate the form int the minutes. (Continued on other side)    APPOINTED OFFICERS (continued)  A copy oft thet form must be provided immediately tot the other members oft the agency. Thet form must ber read publicly at the next meeting after thet form isi filed. IF YOUMAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPTI BY DISCUSSION. AT THE MEETING: Your must disclose orally the nature of your conflict int the measure before participating. agency, and thet form must be read publicly at the next meeting after thei form is filed.  Your must complete thet form andi filei it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who musti incorporate thei formi int the minutes.. Ad copy of the form must be provided immediately to the other members oft the  DISCLOSURE OF LOCAL OFFICER'S INTEREST  im W/K50N  hereby disclose that on DECEM BER 5  20/8,  (a) A measurec came drv will come before my agency' which (check one) inured to my special private gain orl loss; inured tot the special gain orl loss ofr my business associate, inuredt tot the special gain orl loss ofr my relative,  inured tot the special gain orl loss of_ ESTEA-D CHAWBEL  of CPMDERBE by  whom la am retained; or inured tot the special gain orl loss of  which  ist thep parent organization or subsidiary of a principal which! has retained me.  (b) The measure before my agency and the nature of my conflicting interest in the measurei is as follows;  OF COMMERCE AWA2) OF  CHAMBER  250r0  DIRMoN KEVGL PON50R SHIPo  OF CTLNE 205  AN LECTED MEMBER CREATES A CONFHCT.  t AM AL5D CHAMBER BOARD DIREETDR SHIP - ABSTAINED FRD  BELIEVE THAT  RND  DOTNE DN THAT moTIN.  wh  2/por DateFiled  gi  NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ORA  CIVIL PENALTYNOTTO EXCEEDS10,000. CEF FORME 8B-E EFF. 1/2000  PAGE:2