VILLAGE COUNCIL REGULAR MEETING OF SEPTEMBER 16, 2015 The Village ofEstero Council Regular Meeting was held on this date at the Estero Fire Rescue District Meeting Room, 21500 Three Oaks Parkway, Estero, Florida. Present: Mayor Nick Batos - District 6, Vice-Mayor Howard Levitan - District 2, Councilmember Bill Ribble, District 1, Councilmember Donald Brown - District 3, Councilmember Katy Errington - District 4, Councilmember Jim Boesch - District 5, and Also present: Village Manager Peter Lombardi, Village Attorney Burt Saunders, Finance  Councilmember Jim Wilson - District 7.  Director Lisa Pace, and Village Clerk Kathy Hall.  1.C CALLTOORDER  Mayor Batos called the meeting to order at 6:30 P.M.  2. PLEDGE OF ALLEGIANCE Mayor Batos led the Pledge of Allegiance.  3.I INVOCATION  The Invocation was offered by Pastor Nolen Rollins of the Legacy Church.  4. ROLLCALL  Village Clerk Kathy Hall called the roll; all members were present.  5.A APPROVAL OF AGENDA called and carried unanimously. 7. CONSENT AGENDA  Councilmember Ribble moved approval oft the agenda, seconded by Councilmember Brown,  (A) Approval of August 10, 2015 Regular Meeting Minutes (B) Approval of September 3, 2015 Regular Meeting Minutes  Councimember Errington moved approval oft the Consent Agenda, seconded by Councilmember  Wilson, called and carried unanimously. 8. COUNCIL BUSINESS  (A) Public Hearing: Resolution No. 2015-58 Adopting the Final Levying of Ad Valorem Taxes for the Village of Estero, Lee County, Florida, for Fiscal Year 2015-2016; and  Providing an Effective Date  The resolution was read in entirety by Village Manager Lombardi and the public hearing was  opened.  Village Council Regular Meeting Minutes - September 16, 2015  Page 1 of6    Mayor Batos called for public comment and no one came forward; the public hearing was closed. Councilmember Ribble moved to adopt Resolution No. 2015-58, seconded by Councilmember (B) Public Hearing: Resolution No. 2015-59 Adopting thel Final Budget for Fiscal Year The: resolution wasi read in entirety by Village Manger Lombardi and the public hearing was Mayor Batos called for public comment and no one came forward; the public hearing was closed. Councilmember Boesch moved to adopt Resolution No. 2015-59, seconded by Councilmember (C) Resolution No. 2015-60 Providing for Negotiation ofa Contract with the Top Ranked Village Manager Candidate; and Providing an Effective Date  Brown, called and carried unanimously through ai roll call vote. 2015-2016; and Providing an Effective Date  opened.  Ribble, called and carried unanimously through a roll call vote.  The: resolution title was read by Village Clerk Hall.  Colin Baenziger, Colin Baenziger and Associates, provided a briefbackground and an explanation oft the straw ballot process. The first sequence of straw ballots (vote for 2): followed, resulting in 4 votes for Ms. Tami Hanlin; 0 votes for Mr. Mark Kutney; 3 votes for] Ms. Maria Lasday; 3 votes for Mr. Craig Malin; and 4 votes for Mr. Steven Sarkozy. Mayor Batos called for public comment and no one came forward. BriefCouncil discussion The second sequence of straw ballots (vote for 1) followed, resulting in 6 votes for Mr. Steven Councilmember Brown noted that he was not available for the interview process; however, he Vice Mayor Levitan moved that Council rank Steven Sarkozy as its number one candidate in Resolution No. 2015-60, seconded by Councilmember Brown, called and carried. unanimously  ensued.  Sarkozy and 1 vote for Ms. Tami Hanlin. had reached out to each of the candidates.  through a roll call vote.  Briefdiscussion followed regarding contacting the candidates.  Councilmember Wilson moved to designate Tami Hanlin as second choice in the event that negotiations with Mr. Sarkozy did not work out, seconded by Councilmember Ribble, called and  carried unanimously through ai roll call vote.  Mayor Batos called for public comment and no one came forward.  Councilmember Ribble moved for Mayor Batos to bet the contract negotiator, seconded by Vice Mayor Levitan. Discussion followed and Councilmember Ribble withdrew the motion; Vice Mayor Levitan concurred. Councilmember Errington moved to request that Councilmember Ribble negotiate the contract, seconded by Councilmember Wilson. Discussion followed and, by consensus, a negotiation team was formed consisting of Councimember Ribble, Village  Village Council Regular Meeting Minutes - September 16,2015  Page 2 of6    Manager Lombardi, and Village Attorney Saunders. The motion was called and carried  unanimously through ai roll call vote. BriefCouncil comment followed.  (D) Resolution No. 2015-61 Approving the Interlocal Agreement Between the State of Florida, Department of Transportation and the Village of Estero for the Creation of the Metropolitan Planning Organization; Authorizing the Village Mayor to Execute  the. Agreement; and Providing an Effective Date The resolution title was read by Village Clerk Hall.  Mayor Batos called for public comment and: no one came forward. Mayor Batos provided an explanation of the resolution.  Councilmember Boesch moved to adopt Resolution No. 2015-61, seconded by Councilmember (E) Second Reading and Public Hearing: Ordinance No. 2015-09 Granting to Florida Power & Light Company, Its Successors and Assigns, a Non-Exclusive Electric Franchise, Imposing Provisions and Conditions Relating Thereto, Providing for Monthly Payments to the Village of Estero; and Providing for an Effective Date The ordinance title was read by Village Clerk Hall and the public hearing was opened. Mayor Batos called for public comment and no one came forward; the public hearing was closed. Charlotte Miller, Florida Power & Light External Affairs, Southwest Florida, noted that rates Councilmember Brown moved to adopt Ordinance No. 2015-09, seconded by Councilmember (F) Resolution No. 2015-62 Adopting and Agreeing to Follow the Lee County  Ribble, called and carried unanimously through a roll call vote.  were going down in January. Brief discussion followed.  Errington, called and carried unanimously through a roll call vote.  Comprehensive Emergency Management Plan; and Providing an Effective Date  The resolution title was read by Village Clerk Hall.  Village Attorney Saunders provided a briefe explanation oft the Lee County Comprehensive  Emergency Management Plan.  Mayor Batos called for public comment and no one came forward.  Brief discussion followed regarding Village representation on the working group related to the plan as well as the possibility of Village involvement with social media in times ofe emergency. Councilmember Errington moved to adopt Resolution No. 2015-62, seconded by Councilmember  Ribble, called and carried unanimously through a roll call vote. Village Council Regular Meeting Minutes - September 16,2015  Page 3 of6    (G) Resolution No. 2015-63 Providing for the Adoption of the Local Mitigation Strategy, Prepared by thel Local Mitigation Strategy Working Group ofLee County, as the Formal Guide for the Village of Estero Hazard Mitigation Activities; and Providing  an Effective Date  Thei resolution title was: read by Village Clerk Hall.  Village Attorney Saunders provided a brief explanation oft the Local Mitigation Strategy along  with the working group.  Mayor Batos called for public comment. and no one came forward. Discussion ensued regarding emergency shelters available inl Estero.  It was noted that elected officials would not be involved in the working group. Mayor Batos stated that Marilyn Edwards participated ini the first meeting today. Village Attorney Saunders suggested that Council officially appoint Ms. Edwards to represent the Village. Councilmember Ribble moved to adopt Resolution No. 2015-63, seconded by Councilmember Councilmember Brown moved to name. Marilyn Edwards to represent the Village of] Estero on the committee with the County and the FEMA representatives, seconded by Councilmember (H) First Reading and Public Hearing: Ordinance No. 2015-11 Repealing Village of Estero Ordinance 2015-08, Adopting Village of Estero Land Development Code Chapters 6 and 10 to Adopt Flood Hazard Maps, Designate a Floodplain Administrator, Adopt Procedures and Criteria for Development in Flood Hazard Areas, and for Other Purposes; Adopt Technical Amendments to the Florida Building Code; Provide for Conflicts of] Law, Severability, Codification and Scrivener's Errors, Modifications that May Arise from Consideration at Public  Wilson, called and carried unanimously through ai roll call vote.  Errington, called and carried unanimously through a roll call vote.  Hearing and an Effective Date The ordinance title was read by the Village Clerk.  Mayor Batos called for public comment and no one came forward.  Attorney Saunders provided an explanation of the ordinance and noted that it was a key part of  the National Flood Insurance Program. Brief Council discussion followed.  Councilmember Errington moved to approve first reading of Ordinance No. 2015-11, seconded by Councilmember Boesch, called and carried unanimously through a roll call vote.  Village Council Regular Meeting Minutes - September 16, 2015  Page 4 of6    9.P PUBLICI INPUTONI NON-AGENDA ITEMS league was currently located ini the Community Center.  Glenna Rohrbach, Estero Art League, spoke regarding the need: for the art league to relocate; the Beverly MacNellis formally invited the Village Council to attend the annual "Light up Estero" on December 5, 2015. She also spoke to ai report that she would be forwarding to the Council.  10. COUNCILCOMMUNICATONS/FUTURE AGENDA: ITEMS  Councilmember Ribble reported on the negotiations regarding the lease of 9401 Corkscrew Palms Blvd.; the lease may be available for the September 23 Special Council meeting. Vice Mayor Levitan reported that the contract with Calvin, Giordano and Associates would be on the September 23 Special Council meeting agenda. He noted there would be ordinances and resolutions that would also require Council adoption as ai result of the contract. He also spoke to an invitation received by Council regarding helping out at a walkable urban communities event toj present ideas for a walkable community. Consensus was to put this off until the next time, as Councilmember Brown spoke to the Lee Memorial Health System' 's "Million Mile Movement" Councilmember Errington noted that April Olson from the Conservancy ofsW Florida would be making aj presentation regarding the Estero River at the October 28 Council Workshop. She inquired regarding a vision statement. Vice Mayor Levitan responded that the vision statement was int the environmental section of the Community Plan. Councilmember Errington also requested permission for the opportunity to approach a business regarding the possibility of building a park on the property next to Walmart. Discussion ensued and consensus was to allow Councilmember Boesch stated that he would be out oft town October 3 through 9 and that he would need tol be excused from the October7, 2015 Council meeting and the October 9, 2015 Councilmember Wilson requested that the annexation procedure discussion be moved to the Mayor Batos noted that a Special Council meeting would bel held on September 23,2015, followed by the Workshop that was scheduled for that date. He also noted two important events that he attended: the Coach Sommer event at] Estero High School and a luncheon at Wild Cat  the Village's plans for a walkable community were not currently formulated.  and noted that he would like tol help.  Councilmember Errington to look into it and not commit to anything.  Workshop.  November 13; 2015 Council Workshop.  Run honoring First Responders.  11. VILLAGEMANAGERS: COMMENTS  Village Manager Peter Lombardi reported on1 the US 41 street lighting project; FDOT planned to begin the entire project in October 2015 rather than the two phases as previously announced. Discussion followed regarding historic design light poles and installation ofai mounted banner  holder on some oft the light poles.  Village Council Regular Meeting Minutes - September 16,2015  Page 5 of6    12. VILLAGE ATTORNEY'S COMMENTS  Village Attorney Burt Saunders reported that he was working on the draft ordinance regarding Special Magistrate, noting that there were two different methods for citing a violator, that could be discussed at the September 23, 2015 meeting. He also spoke to: impact fees.  13. ADJOURN  Councimember Brown moved to adjourn the meeting, seconded by Councilmember Errington,  called and carried unanimously.  Mayor Batos adjourned the meeting at 7:47 p.m.  ATTEST:  VILLAGE OF ESTERO, FLORIDA  - Nicholas Batos Mayor  Bisfathya Kathy Hall, MMC Village Clerk  By:  Minutes approved as presented: October 7,2015  Village Council Regular Meeting Minutes September 16, 2015  Page 6of6