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/ouncl/watch-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 MARCH 6, 2019  FINALACTION AGENDAMINUTES VILLAGE COUNCIL MEETING Village of Estero Council Chambers 9401 Corkscrew Palms Circle Estero, FL: 33928 November 28, 2018 9:30 a.m.  1.  CALLTOORDER: 9:30 a.m.  PLEDGE OF ALLEGIANCE: Led by Mayor Boesch.  INVOCATION: Pastor Kevin Morris from Hope United Presbyterian Church. ROLL CALL: Present: Mayor Jim Boesch - District 5, Vice Mayor Bill Ribble- District1, 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 District7 7.  2.  Motion: Move to approve the agenda.  Motion by:  Councilmember Wilson  Seconded by: Councilmember Errington  Action: Approved the agenda. Vote: Aye: Unanimous Nay: Abstentions:  Village Council Meeting Final Action Agenda/Minutes - November 28, 2018  Page 1 of8    3.  PUBLIC COMMENT ON NON-AGENDA ITEMS:  Greg Stuart, Stuart & Associates, representing Sakata Seed, prepared ai report entitled "A Local and Regional Mine. Analysis" and requested that Council instruct staff to review the report he provided for the record. He also provided a summary oft the report.  4.  PRESENTATION AND RECOGNITION:  (a) Presentation: Senator Kathleen Passidomo - Legislative Update  Senator Passidomo presented an overview oft the upcoming legislative session and stated that the budget is going to be tight and will focus on water issues. Vice Mayor Ribble complimented Senator Passidomo on her appointment as  Senate Majority Leader.  (b) Recognition: Certificate of Achievement for Excellence inl Financial Reporting  (CAFR)  Village Manager Sarkozy recognized Finance Director Roberson for her work, and the two part-time staffin the finance department. They received the highest award available from the Finance Officer's Association. The Council should be  very proud as this is a great accomplishment.  5.  CONSENT AGENDA:  (a) September 20, 2018 Council Meeting Minutes  (b) Design and Permitting Services for Coconut Road Crosswalks and Drainage  Improvements CN 2018-05 Consultants Ranking Motion: Move to approve the Consent Agenda. Motion by: Councilmember Levitan Seconded by: Councilmember McLain Action: Approved the Consent Agenda.  Vote: Aye: Unanimous Nay: Abstentions: Questions or Comments:  6. 7.  CONSIDERATION OF ITEMS DEFERRED FROM CONSENT AGENDA: None  ACTION ITEMS: None.  Village Council Meeting Final Action Agenda/Minutes November 28, 2018  Page 2 of8    8.  SECOND READING/PUBLIC HEARING OF ORDINANCES: (a) Ordinances Repealing Inapplicable Lee County-only Regulations  Mayor Boesch opened the public hearing and provided an explanation oft the hearing process. In response to an inquiry whether the ordinances had been properly advertised, Village Clerk Hall responded affirmatively. Village Attorney Saunders provided comment that none oft these ordinances involve the (1) Ordinance No. 2018-26 An Ordinance oft the Village Council oft the Village of Estero, Florida, Repealing Emergencies Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Date Village Clerk Hall read the title of Ordinance No. 2018-26. Village Attorney  village.  Saunders provided an explanation ofthe ordinance.  Public Comment: None  Motion: Move to adopt Ordinance No. 2018-26.  Motion by:  Councilmember Batos  Seconded by: Councilmember Errington Action: Adopted Ordinance No. 2018-26. Aye: Unanimous (Roll call vote)  Vote: Nay: Abstentions: motion. See page 5.  Note: Ordinances No. 2018-27 through No. 2018-35 were adopted under one (2) Ordinance No. 2018-27 An Ordinance oft the Village Council ofthe Village of Estero, Florida, Repealing Fire Control Provisions of the Lee County Code Previously Adopted by Reference; and Providing an Effective Date Village Clerk Hall read the title of Ordinance No. 2018-27. Village Attorney (3) Ordinance No. 2018-28. An Ordinance of the Village Council oft the Village of] Estero, Florida, Repealing Dunbar Enterprise Zone Development Agency Provisions of the Lee County Code Previously Adopted by Reference; Village Clerk Hall read the title of Ordinance No. 2018-28. Village Attorney  Saunders provided an explanation oft the ordinance.  and Providing an Effective Date  Saunders provided an explanation oft the ordinance.  Village Council Meeting Final Action Agenda/Minutes - November 28, 2018  Page 30 of8    (4) Ordinance No. 2018-29 An Ordinance ofthe Village Council ofthe Village of Estero, Florida, Repealing County Administrative Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Date Village Clerk Hall read the title of Ordinance No. 2018-29. Village Attorney  Saunders provided an explanation oft the ordinance.  (5) Ordinance No. 2018-30. An Ordinance oft the Village Council oft the Village of Estero, Florida, Repealing County Sheriff Designated Chief Correctional Officer oft the Lee County Code Previously Adopted by Reference; Village Clerk Hall read the title of Ordinance No. 2018-30. Village Attorney  and Providing an Effective Date  Saunders provided an explanation of the ordinance.  (6) Ordinance No. 2018-31 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Social Services Provisions ofthel Lee County Code Previously Adopted by Reference; and Providing an Effective Date Village Clerk Hall read the title of Ordinance No. 2018-31. Village Attorney (7) Ordinance No. 2018-32 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Fish and Wildlife Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Date Village Clerk Hall read the title of Ordinance No. 2018-32. Village Attorney (8) Ordinance No. 2018-33 An Ordinance ofthe Village Council oft the Village ofEstero, Florida, Repealing Food and Food Establishments Provisions of the Lee County Code Previously Adopted by Reference; and Providing an Village Clerk Hall read the title of Ordinance No. 2018-33. Village Attorney (9) Ordinance No. 2018-34 An Ordinance oft the Village Council oft the Village of] Estero, Florida, Repealing Health and Sanitation Provisions ofthe Lee County Code Previously Adopted by Reference; and Providing an Effective Date Village Clerk Hall read the title of Ordinance No. 2018-34. Village Attorney  Saunders provided an explanation oft the ordinance.  Saunders provided an explanation of the ordinance.  Effective Date  Saunders provided an explanation oft the ordinance.  Saunders provided an explanation oft the ordinance.  Village Council Meeting Final Action. Agenda/Minutes November 28, 2018  Page 4 of8    (10) Ordinance No. 2018-35 An Ordinance oft the Village Council ofthe Village of Estero, Florida, Repealing Housing Provisions ofthe Lee County Code Previously Adopted by Reference; and Providing an Effective Date Village Clerk Hall read the title of Ordinance No. 2018-35. Village Attorney  Saunders provided an explanation of the ordinance.  Public Comment: None.  Motion: Move to adopt Ordinances No. 2018-27 through 2018-35.  Motion by:  Councilmember Wilson  Seconded by: Vicel Mayor Ribble  Action: Adopted Ordinance No. 2018-27 through 2018-35.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  (b) Ordinance No. 2018-20 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Development District Provisions of the Lee County Code Previously Adopted by Reference; and Providing an Effective Date  Village Attorney Saunders noted that the Village Attorney had requested that this ordinance be continued for one additional meeting to provide time for additional responses from legal counsel for the areas' Community Development Districts. Motion: Move to continue Ordinance No. 2018-20 until December 5, 2018.  Motion by:  Councilmember Levitan  Seconded by: Councilmember McLain  Action: Continued Ordinance No. 2018-20 until December 5, 2018.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll call vote)  (c) Ordinance No. 2018-21 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Drainage and Water Control Provisions of the Lee County Code Previously Adopted by Reference; and Providing an Effective Date  Inr response to an inquiry whether the ordinances had been properly advertised, Village Clerk Hall responded affirmatively. Village Clerk Hall read the title of Ordinance No. 2018-21. Village Attorney Saunders provided an explanation of  the ordinance.  Village Council Meeting Final Action Agenda/Minutes- - November 28, 2018  Page 5of8    Public Comment: None  Motion: Move to adopt Ordinance No. 2018-21. Motion by: Vice Mayor Ribble Seconded by: Councilmember Wilson Action: Adopted Ordinance No. 2018-21. Aye: Unanimous (Roll call vote)  Vote: Nay: Abstentions:  9.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None 10. COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS:  Councilmember Errington asked about the water report from Lee County and Bonita Councilmember Batos asked about the report that was presented this morning under public comment, ifs staff could look at the report or have someone else review. After discussion the Mayor requested Village Manager Sarkozy to proceed.  Springs Utilities.  11. VILLAGE ATTORNEY'S REPORT:  Village Attorney stated he is expecting an opinion on1 the Division of Administration  Hearings Appeal by the end ofJanuary or early February.  12. VILLAGE MANAGER'S REPORT: None.  The Meeting went into recess at 10:27 a.m. and reconvened at 10:37 a.m. Adjourn Regular Session and Convene Workshop  13. WORKSHOP ITEMS:  Note: Workshop 13 (d) was discussed first. (a) Land Purchase Contingencies  Financing Options Real Estate Issues Review of] Land Use Issues  Village Manager Sarkozy provided an introduction and spoke to the upcoming important  dates.  Village Council Meeting Final Action. Agenda/Minutes November 28, 2018  Page 6 of8    Maryann Edmonds, Public Resources Advisory Group, presented a PowerPoint presentation with information pertaining to loan proposals, rates, and other information. She said that Capital Bank looks to have the best offer with: interest rate and no prepayment penalties. SunTrust Bank is competitive to Capital Bank. SunTrust does John Paulich, Real Estate Attorney, spoke about the title search being completed and the lease on five acres and the unrecorded agreement regarding Charles Dauray. Title Community Development Director Gibbs referred to the memos in the Council's! packet from her and, Village Land Use Counsel Stroud. Her memo deals with parcels four and five; parcel four is approved for mixed use and residential; parcel five is approved for Village Land Use Counsel Stroud spoke regarding her memo and the two conditions in Questions or Comments: Councilmembers had questions about prepayment penalties, loan rates, negotiating with the banks; covenants; debt coverage ratio, and tax questions. Finance Director Roberson said the Village can apply for a tax exemption.  have ai make-whole rate, ifyou prepay 15% ofthe total.  requirements have been issued.  low density residential. the zoning resolution.  (b) Updated FEMA Maps  Public Works Director Willems presented a PowerPoint presentation that will illustrate the new flood maps that become effective December 7, 2018. Ifthe property owners were located in the flood plain before and are no longer in the flood plain, they can now Public Comment: George Molnar asked how this came about. Public Works Director Willems responded. Regarding the north branch, that would be the Village's  update their insurance policies.  responsibility to review.  Questions or Comments: Councilmembers Errington and Levitan asked how the public will know about this? Public Works Director Willems responded that we had public meetings, public notices by FEMA, and Councilmember Batos has spoken to his District  as well.  (c) Ordinance No. 2019-01 Reserve Policy  Village Manager Sarkozy made al briefintroduction. Assistant to Village Manager Kyle Coleman explained in a PowerPoint presentation that the use ofi funds would be limited to those explicitly outlined for each reserve; expended funds will be replenished in the following fiscal year, in accordance with an adopted plan; any changes to this policy, or deletion of the policy, would require a supermajority vote ofthe Village Council. Questions or Comments: Councilmembers Levitan asked about the super majority; Village Attorney Saunders responded and explained this was a super majority ofthe entire Council. Village Manager Sarkozy responded that staff felt this was important due tot this council's fiscal responsibility. Councilmember Batos believed that what staff was  Village Councill Meeting Final Action Agenda/Minutes-1 November 28, 2018  Page 7of8    trying to do is completely correct; when selling incorporation, we said we would be fiscally responsible. This assures that we are doing what we think is important.  Public Comment: None  This agenda item was. heard first under workshops.  (d) Presentation from Nolen Rollins on behalfof! Estero Chamber of Commerce Nolen Rollins provided an update on the Estero Chamber of Commerce in a PowerPoint Presentation. The Community and Economic Development Team has been created and three things have been done. They have hired a full time executive director, there isa new president elect - himself, and five board members are being replaced. They are developing strong partnerships. They are. looking to the Village to be a diamond partner Questions or Comments: Councilmembers thanked Mr. Rollins and expressed their  by providing $25,000.  excitement about partnering with the Chamber.  Public Comment: None.  A motion to adjourn was made and duly passed. 14. ADJOURNMENT: 12:35 p.m.  ATTEST:  VILLAGE OF ESTERO, FLORIDA  By: Kathy Cke HaMMC,  By:  Village Clerk  Jh behelf AKHai  ABle  Village Council Meeting Final Action. Agenda/Minutes-1 November 28, 2018  Page 8 of8