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/estero-f.gov/ouncl/warch-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 MARCH 20, 2019  FINAL ACTION AGENDAMINUTES VILLAGE COUNCIL MEETING Village of Estero Council Chambers 9401 Corkscrew Palms Circle Estero, FL33928 March 6, 2019 9:30 a.m.  1.  CALL' TO ORDER: 9:30 am PLEDGE OF ALLEGIANCE  INVOCATION: Pastor John Roth - Thrive Community Church  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, 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: Vicel Mayor Ribble  Action: Approved the agenda. Vote: Aye: Unanimous Nay: Abstentions:  3.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None  Village Council Meeting Agenda- - March 6, 2019  Page 1 of6    4.  CONSENT AGENDA:  (a) Financial Report for the Month Ended September 30, 2018 (b) Financial Report for the Month Ended January 31, 2019 (c) October 24, 2018 Council Meeting Minutes October 31, 2018 Council Meeting Minutes November 7,2018 Council Meeting Minutes November 28, 2018 Council Meeting Minutes January 9,2019 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  ACTIONITEMS:  (a) Discussion of] Patty Whitehead as Member on Design Review Board  Village Manager Sarkozy provided an introduction.  Village Attorney Saunders suggested to Councilmember Errington, she not be part ofthe discussions to avoid any perception of a conflict ofinterest. Councilmember Errington agreed and recused herself from the discussion and the vote. Village Attorney Saunders discussed the rules and procedures of council and advisory boards. He stated there are three options the Council can act on today: let Ms. Whitehead's term expire at the end of March, remove Ms. Whitehead from the board, or reappoint Ms. Whitehead when her Questions or Comments: Mayor Boesch made the recommendation to end Ms. Whitehead's term on the board for the sake ofestablishing our highest credibility with the Village. Councilor Levitan said he would defend Ms. Whitehead's right to post her personal opinions about the government on Facebook, but he said her behavior discredited the Village. Councilor Batos said there are ramifications for what people post  term expires.  on social media. Public Comment: None Village Council Meeting Agenda - March 6, 2019  Page 2 of6    Motion: Move to approve removing Patty Whitehead from the Design Review Board  effective immediately.  Motion by: Vice Mayor Ribble Seconded by: Mayor Boesch  Vote: Boesch Nay:  Aye: Councilmembers Levitan, McLain, Batos, Wilson, Vice Mayor Ribble, Mayor  Abstentions: Councilmember Errington  Questions or Comments: Village Manager Sarkozy stated staff will immediately post  the position.  7. 8.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS Councilmember Batos informed the Council that the Estero Education Initiative distributed its first funds to the schools. Each school received six thousand dollars. Councilmember Levitan suggested the Council send back the zoning case (Estero Crossing) that the Planning and Zoning Board were unable to make a decision on. He suggested the Planning and Zoning Board reschedule the vote when all seven members are there. Village Attorney suggested it be put on the next agenda and have a vote on whether Council should send it back to the Planning and Zoning Board.  9.  VILLAGE ATTORNEY'S REPORT  Village Attorney Saunders stated that in reference toi items discussed at the last meeting, he will provide sample ordinances on: naming facilities. There is also a bill pending in the State that will prohibit local governments from regulating scooters on sidewalks.  10. VILLAGE MANAGER'S REPORT: None  Adjourn Regular Session and Convene Workshop Items: 10:02am  11. WORKSHOP ITEMS:  (a) Mine Studies Peer Review  Village Manager Sarkozy gave an: introduction.  Consultant of Spikowski presented a PowerPoint presentation with a description on how mining activity occurs, mining related to the amount of growth, and compared the  methodology ofthe Waldrop and Stuart Reports.  Village Council Meeting Agenda - March 6,2 2019  Page 3of6    Questions or Comments: Councilmembers had a discussion on how to use this report, what is the best course of action the Village should take, putting a coalition together, and  legal review of options. Public Comment:  Susan Prock, Andore Lane, stated that knowledge is power and the Council should inform the public on their findings regarding how mining can affect our water supply. Bill Carr, Carriage Court, is encouraged with Council's comments and their desire to Kathy Dobash, Bacon Ave, is grateful to Council for acting on this issue and encourages Robert King, ECCL, believes the proposed amendment oni mining should not go through. Joseph Stigliano, Tripoli Court, stated there are effects to their homes when mining Greg Stuart, Stuart & Associates, representing Sakata Seed Corp., stated the county has enough lime rock for forty-two years and Lee County, just pulled the public hearings Joel Avila, Ashcomb Way, stated Lee County should not dismiss this report. Lou Frattarelli, Black Tree Lane, is against any changes to the Mining Comprehensive Don Eslick, ECCL, feels any city that is downstream oft the mining would be most Peter Cangialosi, San Georgio Drive, feels Lee County is not communicating with the The Council discussion included sending a letter to the Lee County Commissioners and contacting Commissioners individually. The Council requested the Village's Land Use  preserve our clean water. them to keep fighting.  occurs.  regarding the mining.  Plan.  impacted by it. public.  Attorney provide a legal memorandum explaining options.  Consensus from Council.  (b) Design Review Board and Planning and Zoning Board Ordinance Amendment Village Manager Sarkozy gave an introduction. Community Development Director Gibbs explained the amendment. The proposed changes are to allow Council and/or the Village Manager thirty days toi file an appeal ofDesign Review Board decisions. This ordinance will also apply to the Planning and Zoning Board. Staff will provide a staffr report to the Design Review Board to assist the board with their analysis. The ordinance will first go to Planning and Zoning Board for ai recommendations and then  itwill be scheduled for the first and second readings.  Village Council Meeting Agenda - March 6, 2019  Page 4 of6    Questions or Comments: Councilmember Batos asked if Community Development Director Gibbs can raise an appeal on her own. Village Attorney Saunders said she can through the Village Manger and explained Council can also raise an appeal.  Public Comment: None  There was consensus from Council to move forward.  (c) Stormwater Master Plan Update Village Manager Sarkozy gave an introduction.  Elizabeth Fountain and Zac Taylor, J.R. Evans Engineering, presented a PowerPoint presentation regarding the problem areas, observations, most important areas that flood, explained the regional model, proposed nine projects that are important to address, and Questions or Comments: Councilmembers discussed how to get partnerships with communities that own some oft the land that has been labeled as problem areas.  one maintenance project.  Public Comment: None  The meeting went into recess at 12:13 p.m. and reconvened at 12:20 p.m. Don Duke, FGCU Department of Marine and Ecological Sciences, presented a PowerPoint presentation regarding FGCU "Communities in Transition" initiative Questions or Comments: Councilmembers suggested Professor Duke return with his students SO Council can congratulate them on their work in person and also suggested that FGCU put together a log of all the different research projects that the University is doing soif Council or anyone else is looking for a particular research, they know who to reach  Stormwater and Drainage Research.  out to.  12. ADJOURNMENT: 12:37 p.m.  ATTEST:  VILLAGE OF ESTERO, FLORIDA  Ries ROBE Myer Bill Ribble, Mayor  By:  By:  Kathyl Hall, MMC, L bekefep Hadyet  Clerk Village  Village Council Meeting Agenda - March 6, 2019  Page 5of6    Ifyoud desiret to addresst the Council, please complete aF Public Comment Card andr returni ittot the Village Clerk. Citizens desiringt tos speak musts step uptot thep podium, statet their full ADA Assistance Anyoner needings special assistance att thel Boardi meetingd duet toad disability orp physicali impairment should contact' Village Clerk Kathy Hall, 239-221-5033,at "Ifap person decidest toa appeala any decision madel byt the board, agency, or commission withr respectt to any matter considered: at suchi meeting orl hearing, hec ors she willr needa recording oft thep proceeding, andt that, fors suchp purpose, hec or sher mayr needt to ensure thatay verbatim recording ofthep proceedings is made, whichi recordi includes thet testimony and  name anda address, andy whom hec ors she represents. least 481 hours prior to thet meeting. Pursuant to Section? 286.0105, Florida Statutes: evidence upon which the appeali ist tobeb based." "  Village Council Meeting Agenda - March 6, 2019  Page 6of6    FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS  LASTN NAME-FIRST NAME-MIDDLEI NAME Errivalen BRuy MAILINGADDRESS - 19980 breckewrihse .,307 CITY Estevo FL DATE ON WHICHVOTE OCCURRED  NAME OFE BOARD, COUNCIL, COMMISSION, AUTHORITY, ORCOMMITTEE Villzce o Estero Coove:l THEE BOARD, COUNCIL, COMMSSIONAUTHORIYA OR COMMITTEEC ON WHIÇHISERVE ISAUNIT OF: QCITY NAME OFF POUTICALSUBDIMISION: Disheict 4- EStevo MYPOSITIONIS:  COUNTY Lee  OCOUNTY  DOTHERLOCALAGENCY  MRch Lo, 2.0191  ELECTIVE a APPOINTIVE  WHO MUST FILE FORM 8B  This formi is for use by any person serving at the county, city, or other locall level of government on an appointed or elected board, council, commission, authority, or committee. Ita applies tor members of advisory andr non-advisory bodies who are presented with ay voting conflict of Your responsibilities under the law when faced with voting on a measure iny whichy youl have a conflict ofi interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before  interest under Section 112.3143, Florida Statutes.  completing andi filing thef form.  INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES Aj person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure tol his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain orl loss ofa relative; or tot thes special private gain orl loss of a business associate. Commissioners of community redevelopment: agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited For 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  from votingi in that capacity.  are not listed on any national or regional stock exchange).  ELECTED OFFICERS:  Ina addition to abstaining from voting ini thes situations described above, you must disclose the conflict:  PRIOR TO THE VOTE BEING TAKEN by publicly stating tot the assembly the nature of youri interesti int the measure on which you are WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the  abstaining from voting; and  minutes oft the meeting, who shouldi incorporate the form int the minutes.  APPOINTED OFFICERS:  Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, IF YOU INTEND TO MAKE ANYA ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILLI BE Your must complete and file this form (before making any attempt toi influence the decision) with the person responsible for recording the  whether orally ori inv writing and whether made! by you or aty your direction.  TAKEN:  minutes of the meeting, who willi incorporate the form in ther minutes. (Continued on page: 2)  CE FORM 8B- EFF. 11/2013 Adopted byr referencei inF Rule 34-7.010(1)(0, FA.C.  PAGE1    APPOINTED OFFICERS (continued)  Acopy of the form must be provided immediately to the other members oft the agency. The form must! be read publicly at ther next meeting after the form is filed. IF YOUI MAKE NOATTEMPTTOI INFLUENCE THE DECISION EXCEPT BY DISCUSSION. AT THE MEETING: Your must disclose orally the nature ofy your conflicti int the measure before participating. agency, andt the form must be read publicly at the next meeting after the formi is filed.  Your must complete the form and file ity within 15 days after the vote occurs with the person responsible for recordingt the minutes of the meeting, who musti incorporate thef form int the minutes. Ac copy oft the form musth be provided immediately to the other members oft the  DISCLOSURE OF LOCAL OFFICER'S INTEREST  Raty Errinslon  hereby disclose that on_ Mwch b 2019  20  (@Armeasure@ame)or: will comel before my agency which (check one or more) inured to my special private gain or loss; inured tot the special gain orl loss of my! business associate, inured tot the special gain orl loss of my relative, inured tot the special gain orl loss of whoml am retained; or inured tot the special gain orl loss of  by which  is the parent subsidiary, or sibling organization ors subsidiary of a principal which has retained me. (b) The measure before mya agency and ther nature ofr my conflicting interesti int the measure is as follows:  Pvaylcrvse d Qanelrct ag Tutevest  &% EStevo DistlctH  The UIL 28 election  Ifc disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature oft thei interest in such a way  as to provide the public with notice of the conflict.  Mzrch 12019  Rt Signature  Date Filed    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 PENALTYI NOT TO EXCEED $10,000. CEF FORM 8B- EFF. 11/2013 Adopted byr referencei in Rule 34-7.010(1)(0. F.A.C.  PAGE2