VILLAGE COUNCIL WORKSHOP OF JUNE 24, 2015  The Village of] Estero Council Workshop 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 Katy Errington - District 4, Councimember Jim Boesch - District 5, and Councilmember Jim Wilson - District 7. Absent: Councilmember Donald Brown - District 3 (excused absence).  Also] present: Village Manager Peter Lombardi, Village Attorney Burt Saunders, Village Clerk  Kathy Hall, and Finance Director Lisa Pace.  LCALLTOORDER  Mayor Batos called the workshop to order at 10:00a.m. Mayor Batos led the Pledge of Allegiance to the Flag.  2.1 PLEDGE OF ALLEGIANCE  3.] ROLLCALL  Village Clerk Kathy Hall called the roll; all members were present with the exception of  Councilmember Brown, whose absence had been previously excused.  4. APPROVAL - OF AGENDA  Mayor Batos noted the following additions to the agenda: 5 (H) Planning Contract Status Update; 5 (I) Filling of Vacancies on the Design Review Board; and 5 (J) Discussion of Special Councilmember Ribble moved approval ofthe agenda as amended, seconded by Councilmember Errington, called and carried unanimously, with Councilmember Brown absent.  Council Meeting.  5. COUNCIL BUSINESS  (A) Presentation by Phil Flood - South Florida Water Management District Councilmember Ribble introduced Mr. Phil Flood, South Florida Water Management District (SFWMD) intergovermmental and Outreach Representative. Utilizing a PowerPoint presentation, Mr. Flood provided information on the following topics: South Lee County Watershed Plan; improving water quality in the Everglades; stormwater treatment areas; assisting local governments with stormwater management improvements; natural systems restoration; restoring the northern and southern Everglades; Corkscrew Regional Ecosystem Watershed; DR/GR area; ensuring sustainable water resources for South Florida's environment and economy; Lower West Coast Water Supply Plan; water demands oft the region can continue tol be met with appropriate management and diversification of water supply sources through 2030; Environmental Resource Permits (ERP) Regulation of surface water: management systems; Primary review criteria - wetlands water quality and water quantity (flood protection); Environmental Resource Compliance; Consumptive Use Permit Program - Florida Water Law  Statute 373.019 (4), statutory three prong test; and Permit Review Process.  Village Council Workshop Minutes - June 24, 2015  Page 1 of10    Vice Mayor Levitan inquired regarding the responsibility ofthe culverts running through the gated communities on the west side ofUS41, which become blocked with debris. Mr. Flood responded that the developments have the responsibility ofmaintaining the lines and US41 culverts are the responsibility oft thes state, adding that SFWMD could enforce. Vice Mayor Levitan also inquired whether SFWMD had taken aj position with respect to development with the DR/GR zone, specifically Wild Blue and Corkscrew Farms. Mr. Flood responded that SFWMD could not make density determinations. He continued that, when aj permit comes through, the management district works very closely with the applicant throughout the permitting process, they look at existing uses and encourage development in the appropriate areas. Councilmember Errington noted that the Estero River, which was listed as one ofFlorida's outstanding rivers, had been taken off the list and inquired how that could be fixed. Mr. Flood was not aware that the river had been taken off the list; however, it depended upon the level of Discussion ensued regarding initiation ofa permit request; Caloosahatchee water quality; shortfall of storage ini the Caloosahatchee; releases by the Corp of] Engineers; and density being a  Discussion followed.  pollutants. Brief discussion followed.  local land use decision. Public Comment:  Patty Whitehead, Old Estero resident, spoke to the need to stop discharges and restore flow into the Everglades. Mr. Flood responded that there are detailed plans and projects in place; Beverly MacNellis, Marsh Landing resident, inquired regarding an update on the sugar plantations. Mr. Flood provided an explanation and responded that there has been aj push tol buy the landholdings ofUS Sugar; another option expires next month, noting that other existing projects were in place and it was not the appropriate time. In response to additional questions, Mr. Flood spoke regarding aj previous everglades system that ran south ofl Kissimmee. Brief (B) Discussion - Southwest Florida Regional Planning Council Membership Village Attorney Burt Saunders stated that the issue was whether or not the Village should appoint ai member to the Southwest Florida Regional Planning Council (SWFRPC). He indicated that there would be a fee in the amount of $9,000; however, the Village should be covered this fiscal year by the payment that would have been paid by Lee County. Discussion ensued regarding the activity related to existing Developments of] Regional Impact; the advantage ofinteraction with other elected officials; and the Estero Bay Agency on Bay Management (ABM). Consensus was to bring the matter up at the next regular Council meeting.  however, sufficient funding has not been put into place.  discussion followed.  (C) Discussion - Creation of an Estero Historic Preservation Board  Councilmember Errington noted that she was changing "Board" to "Advisory Committee" and read from presentation materials related to Council approval for a public supported Estero Historic Preservation Advisory Committee, to be created as soon as possible, in an effort to create additional ways to preserve. Estero'sl heritage. The presentation materials included excerpts from several policies oft the Estero Community Plan. Councilmember Errington stated  Village Council Workshop Minutes- - June 24, 2015  Page 2 of10    that special invitations toj join the advisory committee should go to entities such as Estero Historical Society, Happehatchee Center, Koreshan State Historic Site, College ofLife Foundation, and to the general Estero public, along with working with agencies toj protect the Village Attorney Burt Saunders explained that the difference between an advisory committee and board was what an advisory committee could be asked to do. He spoke regarding Lee County's formal Historic Preservation Board policy and provided a copy of their application form. He explained that the Board reviews any application that would have an impact on al historic facility or area; the Board makes significant findings and final decisions similar to the Village Planning and Zoning Board. He believed that Councilmember Errington was. looking for an advisory committee that would help guide where the Council should consider going in terms oftaking over those responsibilities. Attorney Saunders stated the Village was still operating under the Lee County's Historic Preservation Board; he believed that the effort was to have an advisory committee that would advise the Village Council on how to take over those operations and what areas for historic preservation, which would ultimately lead Council into how to move forward. He also stated that an advisory committee would be subject to the sunshine law, public records Vice Mayor Levitan stated that he reviewed minutes of prior meetings. He noted that this isa difficult issue and preserving history is part oft the Estero Community Plan. He stated he was unclear what the advisory committee mission would be. Vice Mayor Levitan noted that the historic board materials and laws that created the Lee County historic board are in the land development code; theirj jurisdiction is regulatory in nature, they can prevent developments from occurring, and they can assist in registration of historic sites. He indicated that, as part oft the interlocal agreement negotiations, the County had asked whether Estero wanted to continue with the Historic Preservation Board. He addressed concern regarding creating an advisory committee that is not regulatory ini nature and stated that his understanding was that the Council specifically was not going to adopt any advisory committees for the foreseeable future due to the Councilmember Errington responded that she recalled Council saying that ifCouncilmembers wanted to bring an advisory committee proposal to the Council and had a way ofdoing it, they could do SO. She reiterated that she was: not] proposing a board; this was an advisory committee Attorney Saunders stated that ifCouncil created an advisory committee as part oft the government, the committee would be subject to sunshine law. However, a group ofc citizens could create al board, they are free to do so; or, to create a committee that is not part oft the Village Council, there would be no sunshine law or public records law requirement. Councimember Errington clarified that her proposal was: for an advisory committee for the general public; she was making Council aware that there was need and concern; this was what citizens and residents wanted to do, and ifthey wanted this, the Council needed to give them the Councilmember Wilson inquired whether the proposal was: fort the Village to disconnect from the Lee County Historical Preservation Board and Councilmember Errington responded that she did not believe the Village would have to. Attorney Saunders stated the only way to do that would  Estero River.  law, and public meetings law.  newness as a Village and limited resources for staffing.  and not subject to sunshine law.  opportunity to do what they need to begin preserving the area.  Village Council Workshop Minutes - June 24,2015  Page 3 of10    be by adopting ordinances; at some point in timei ifCouncil decided to create their own historic Councilmember Boesch stated that he came from a1 town that incorporated in 1634 that adopted the concepts that Councilmember Errington was suggesting and encouraged the formation oft the Mayor Batos noted on the last page of] her presentation that Councilmember Errington was asking Council to give approval for a public supported Estero Historic Preservation Advisory Committee and it appeared that she now wasn'tasking for approval, but rather informing Council ofher plans. Councilmember Errington responded that the wording was out of courtesy tot the Council. Mayor Batos stated it was a great idea that she worked on this, expressed thanks, Councilmember Ribble stated there was a lot of passion on this request. He addressed concern regarding the presentation and he would have rather seen it as an intro of what we were going to do down the line. He also addressed concern regarding funding from Lee County and recommended using caution until ai mechanism isi in place to raise funding.  board, it would be done by ordinance.  committee.  and believed it was an admirable goal.  Councimember Errington responded that she had been told that Lee County has given all the money that they will be giving to the Estero Historical Society. She noted that the purpose was meshing the Historical Society, Happehatchee group, and Koreshan State Park, for protection of Vice Mayor Levitan stated now that it was understood it would not be a: formal advisory committee that Council was being asked to support, he would support the Estero organizations coming together as a coalition to work on the historical aspects oft the Estero Community Plan. He added that the organizations would have a tremendous influence on future decisions and there  the local history as well as the environment.  would not be a struggle with concepts of sunshine law.  Public Comment:  Bob. Morris, President, Estero Historical Society, stated ifs something isn't done toj preserve our history now, it's gone. He believed that these committees working together would help. Mr. Morris also spoke to a recent restoration project and encouraged working together. April Olson, on behalf oft the Conservancy of Southwest Florida, referred to the first sentence of the Estero Community Plan, which states "To establish a community that embraces its historic heritage and protects the environment, while carefully planning for future development resulting from a desirable high quality ofl life..." Ms. Olson stated that the conservancy had a similar mission with regard to protection of environmental resources. She referred to unique sites particularly around the Estero River and said that the conservancy would work with the Village toj protect the areas. Ms. Olson stated that there wasi no question that the areas surrounding the Estero Riveri including Koreshan State Park, Boomer Estate, Happehatchee Center and adjacent lands have historical significance; ifal historic preservation advisory committee is established aimed at preserving the historical sites, they hope the Council will consider the numerous ecological benefits. In conclusion, Ms. Olson spoke regarding the Estero River and preserving  the lands adjacent to it.  Village Council Workshop Minutes - June 24, 2015  Page 4 of10    Holley Rauen, Vice President, Happehatchee Center, stated that restoring history is not only the historic buildings, but also included trees, water, animals; and tol keep in mind what old Florida really is. Ms. Rauen encouraged the Council to at least pass ai resolution ofs support for a committee ofvolunteers of the organizations that really care about Estero history. Julie Hendrickson, volunteer coordinator, Happehatchee Center, stated that she attended Florida GulfCoast University (FGCU) in 2009 and has seen many oft the changes ini the Estero area. During her studies, she visited the Koreshan State Park, one of the places she learned about old Florida and different ecosystems. She spoke regarding a class entitled "colloquium" that every FGCU student was required to take to enhance their sense of! place; since many students were not from Florida, they needed tol have an emotional connection to where they live, and to feel like they were part of a community. She believed that the historic society and creating a historic area Ruth Fotovat, expressed thanks to the Council and hoped that the advisory committee would be founded. She shared aj picture of Ellen Peterson, Happehatchee Founder, and hoped that the land Patty Whitehead, Old Estero resident, stated that, after having re-read the Estero Community Plan, Estero prides itself on being a village with a vision; therefore, leaders and citizens strive to fulfill the vision. She stated that Estero was a community ofunparalleled quality oflife, founded on environmental integrity and preservation ofnatural richness. She believed that Estero's vision was not just defined by economic prosperity, measured by the number ofl luxury homes and shopping opportunities, but by a sense of place, a distinct and commonly shared identity in appreciation ofi natural and historic preservation; to make the vision a reality it would take cooperation and hard work on1 the part of citizens and government. Ms. Whitehead said the creation oft the Estero Historic Preservation Advisory Committee is the key to the shared vision Mitch Jacobs, Sociology Instructor, stated that he was touched by the Happehatchee Center when he attended the colloquium that Ms. Hendrickson spoke to. He believed that the public outcry is there to keep places such as the center preserved. He encouraged Council support ofthe  would do that for the residents as well.  surrounding Happehatchee Center would be preserved.  and begged Council support oft the advisory committee.  advisory committee.  Charles Dauray, Chairman, College ofLife Foundation, advised Council to be cautious as there are unintended consequences; there are rights inherent in national and local constitutions. He stated that he was a long time member and Chairman oft the Collier County Historical Society. He continued that actions, although well intended, may turn out tol be underestimated consequences in legalities. Mr. Dauray stated that the: road Council is taking is very important; however, think it through, as it was not always what you do, but how you do it that was very Beverly MacNellis, Marsh Landing resident, agreed that it should be an advisory committee and suggested that Charles Dauray bring the groups together, because ofhis involvement in the Marlene Fernandez, 60 year resident, stated that she is forj preservation and was a historical society member. Ms. Fernandez provided copies ofal News-Press article dated March 13, 2005,  important.  community.  entitled: "Guest essay: Generations of one: family in Estero."  Village Council Workshop Minutes - June 24,2015  Page 5 of10    Carol Barclay, Corkscrew Woodlands resident, reiterated that Council adopt ai resolution just to Council discussion regarding ai resolution followed. Attorney Saunders spoke to possible wording ofai resolution recognizing historic preservation and supporting the creation ofa citizen advisory committee. Mayor Batos asked Attorney Saunders to prepare ai resolution. Vice Mayor Levitan spoke to tree preservation and the fact that the Village had the power to do something about clear-cutting and encouraged citizens to bring issues to the Council. He also noted that Lee County had a provision requiring tree: removal permits; however, people hated it because when they wanted to remove a tree on their house lot they were required to obtain a permit; ultimately, Lee County got out oft the business ofissuing tree removal permits. Councilmember Ribble inquired whether there were other entities that needed to be listed in addition to the entities onj page 8 ofCouncilmember Errington' 's presentation. Brief discussion  support the concept.  followed and Councilmember Errington responded "no."  (D) Discussion - Solid Waste Franchise Agreement with Lee County  Village Manager Peter Lombardi stated that there was a revenue line item in the budget for solid waste franchise fees; the fees were collected and distributed by Lee County. Mr. Lombardi said that the Village should begin to develop an interlocal agreement with the County to insure that the Village receives the appropriate share ofsolid waste franchise fees. In response to an inquiry regarding how the solid waste fees were collected, Mr. Lombardi stated it was part oft tax bills as well as the solid waste collection companies pay a fee for the privilege of collecting solid waste inl Lee County; the solid waste franchise fee paid to the Village would be negotiated in the  interlocal agreement. Public Comment:  Walter McCarthy, Bonita Springs resident, stated that people on the same street had different franchises and encouraged Council to look at maps to come up with common sense pick up Mayor Batos responded that the problem that existed last year was worse this year due toa a number ofhomes that were not contiguous with each other. Mayor Batos requested that the Village Manager speak with Carl Schwing, Bonita Springs City Manager, to determine ifan agreement could be reached with Lee County to draw a separate line on those blocks. Vice Mayor Levitan noted that the problem was Bonita Springs used a different contractor. Mayor Batos stated that Council understood the problem and was willing to work on as solution. It was also noted that the contracts may be on different timing. Consensus was for the Village Manager to contact the Bonita Springs City Manager; Councilmember Ribble agreed to help as needed.  routes that were on the same schedule.  (E) Discussion - Additional Senior Homestead Exemption  Village Attorney Burt Saunders stated that, in order for the Village to get the exemption, a resolution would have needed to be adopted prior to December 31, 2014; however, iti is an exemption that the Village will get next year. Attorney Saunders added that it only applied to the very small millage that the Village of Estero would be levying. Discussion followed: regarding  the: net effect on tax payers.  Village Council Workshop Minutes - June 24,2015  Page 6of10    Vice Mayor Levitan inquired whether a resolution would need tol be adopted every year. Village Manager Peter Lombardi responded that the Village would need to adopt an ordinance because the County ordinance excludes the incorporated area ofEstero; the Village ordinance would put the provision into effect; once the ordinance is adopted, it remains until it is rescinded. Attorney Saunders stated that he would probably have an ordinance on the agenda in September. Brief discussion followed regarding County ordinances that differentiate between unincorporated areas and municipal areas and an opinion that was received from the County Attorney's office that they would still be collecting impact fees even though Estero became ai municipality.  (F) Discussion - Village Office Space  Councilmember Ribble provided al briefbackground on the municipal office space project, which included discussions with elected officials at a SW Florida League of Cities meeting along with follow-up phone calls and site visits, as well as a meeting with the Estero Fire Rescue Commission Board Chair, the Estero Fire Chief, and the Estero Village Manager, regarding how amunicipal center should be staffed and what space requirements would be needed. It wasi noted that Estero Fire Rescue would like the Village to set an exit date of October 2016. Three buildings were taken under consideration; Brooks Town Center, Corkscrew Palms Building, and Picaya Bay. In addition, two office spaces along Three Oaks Parkway were briefly Discussion followed regarding parking; offices for Councilmembers; conference rooms; Council chambers large enough tol handle upi to 100 persons; having adequate space for contractors or additional employees looking forward five years and as the Village moves forward with the interlocal agreement with the County; importance ofa separate break room; and building Discussion followed regarding the Corkscrew Palms building and the Brooks Tgpen Center property. It was noted that the Broeks-Tewn Center Corkscrew Palms buildingwould be the least expensive to remodel; it had an additional floor for expansion; the parking was more than adequate. Regarding the Brooks' Town Center property, the idea ofhaving the Council chambers in the location described on the presentation, there may be the possibility of an expansion area to Brief discussion ensued regarding pricing per square foot. Mayor Batos stated that he may be able toj provide better direction on this topic next week, after a meeting this Friday related to  discussed for temporary use.  location.  allow for additional attendance at meetings.  conceptual ideas on the interlocal agreement.  Public Comment:  Garth Errington, Breckenridge resident, urged Council to be conscious ofbuilding security. Councilmember Ribble stated that the architect took security into consideration. Briefdiscussion  ensued.  Village Council Workshop Minutes - June 24, 2015  Page 7 of10    The following agenda items were discussed prior to agenda item 5(G):  (H) Planning Contract Status Update  Vice Mayor Levitan pointed out that the Village Manager distributed the planning contract status update dated June 19, 2015 from Bill Spikowski, to the Council. He noted the takeaway from the update was that the first component oft the planning study, including the overlay maps, would be presented to the Planning and Zoning Board in August and likely would bej presented to the Council in September. He added that the second two components are longer term and Mr..  Spikowski would draft ai report that would also be circulated. Mayor Batos called for public comment and no one came forward. (I) Filling of Vacancies on Design Review Board  Vice Mayor Levitan reminded Council that the: requirement in the ordinance was. lowered for one registered architect, even though the Board currently had two architects, and reported that he had found and interviewed a volunteer, a registered Florida architect with extensive experience ini the types of projects that Estero would be facing. Vice Mayor Levitan stated that he would be submitting information for the. July 1, 2015 meeting agenda as well as distributing information from the architect, Scott Anderson, to the Council. He added that, with regard to filling the last vacancy, the Village had several applicants that were interviewed and suggested that the eighth position be filled with someone who had already been nominated and interviewed; a list oft the Mayor Batos inquired whether Board Member contact information had been put on the website. Village Manager Lombardi responded that he believed information was on the website. Discussion followed: regarding Village email accounts for all Board Members.  applicants not selected in the first round would be circulated.  (J) Discussion of a Special Meeting Request  Mayor Batos requested that Council approve a special meeting this Friday, June 26, 2015, 9:00 a.m. to 10:30 a.m., for the purpose of discussion regarding the Interlocal Agréement with Lee County. Discussion ensued regarding whether to hold a workshop or regular meeting. The  decision was to hold a special regular meeting.  The meeting went into recess at 12:58 p.m. and reconvened at 1:04 p.m.  (G) Presentation of2016 Annual Budget Report  Mayor Batos explained that the budget would bej presented today; however, comment would be Village Manager Peter Lombardi stated the purpose of presenting the budget would fulfill the Charter requirement that the budget be presented to Council by July 15. He then read the budget message, which included proposed revenues, expenditures, and projected fund balance. Mr. Lombardi referred to the budget calendar, calling attention to the July 10 and 22 budget workshop dates and: noting that ifa additional dates were: needed they could be set. Discussion of the budget calendar followed. Mr. Lombardi explained that the hearing dates were: firm because the Village hearings could not bel held on the same dates as the School Board or County  held at the scheduled workshops.  Village Council Workshop Minutes- - June 24, 2015  Page 8 of10    Commission hearings. Discussion followed related to the September 3 hearing date, noting that it did not match the current meeting schedule; the September 2 meeting at 10:00 a.m. was combined with the September 3 budget hearing date, with a meeting start time of6:30 p.m. In reference to the figures on page 1, paragraph 3, discussion ensued regarding comparing the  feasibility study figures with projected figures.  Mayor Batos called for public comment and no one came forward. 6.P PUBLICINPUT ON NON-AGENDAI ITEMS Note: Agenda item 61 followed agenda item 7.  Don Eslick, ECCL, conveyed thanks for the Council taking up the water aspect oft the development oft the DR/GR. He noted that the County spent a lot ofmoney on the study of the DR/GR; however, the main focus was the impact on mining. He stated that he met with Commissioner Kiker and the County Manager to speak about the DR/GR development idea and the proposed overlay. He also emphasized the importance ofmoving up the traffic impact study up and the water study. Mr. Eslick also noted that the ECCL has been interactive with upcoming Vice Mayor Levitan stated that increasing public participation was one ofCouncil's goals. He noted that steps being taken regarding the Planning and Zoning Board and Design Review Board would include each Councilmember beginning to: receive emails from the Community Development Director when projects come up: ini their district, in order for Councilmembers to take the initiative to contact the management of the homeowner's associations to make certain Jennifer Hecker, Conservancy of Southwest Florida, conveyed on the behalf of conservancy that they share the same objective as the ECCL, and looking at water management at a holistic level as well as regional level that goes beyond Lee County, and they want to work with. community leaders to achieve goals, even though there are times they might have different ideas ofhow to get there. Ms. Hecker indicated their highest priority was to support whatever would achieve the maximum benefit for the environment for protecting and restoring water resources. She added that they met with the developer and told them they could not support any development in that area that would not further restoration ofl hydrology in that area. Ms. Hecker noted that the developer considered the input from a contact they provided for the development to be science- Vice Mayor Levitan commented that sometimes there are disagreements on needs not goals; he believed that everyone agreed on the overall goal; however, he: felt that the conservancy took the wrong approach and was concerned that it enabled the Board of County Commissioners to take Walter McCarthy, Chairman, Bayside Improvement Community Development District, believed that Councilmember Ribble may have been advised of an issue that was going on between the Community Development District and a developer with respect to a non-compliance issue. He stated that it appeared they were making progress with the developer forai resolution oft the issue.  meetings and attempting to maximize public participation.  the managers are aware oft the issues.  based and driven by restoration.  the action on the transmittal that Council asked them not to.  Mr. McCarthy also spoke to drainage responsibility within the Village.  Village Council Workshop Minutes - June 24, 2015  Page 9 of10    7. COUNCIL/VILLAGE MANAGER COMMUNICATIONS AND FUTURE AGENDA  ITEMS  Councimembers Comments:  Councilmember Ribble inquired about Village shirts. Mayor Batos recommended that Councilmember Ribble and the Village Manager get together and process the order. Discussion followed regarding color, style, and Village logo. Mayor Batos asked that Councilmembers Councilmember Wilson announced that he would be attending his first Horizon Council  provide comments to the Village Manager within the next three days.  Executive Committee meeting tomorrow.  There were: no comments from the Village Manager and Village Attorney.  8. ADJOURN  Mayor Batos adjourned the workshop at 1:39 p.m.  ATTEST: By:  VILLAGEOFI ESTERO, FLORIDA As Nicholas Batos Mayor  By:  Kaenylw Kathy Hall, MMC Village Clerk  Minutes approved as corrected: August 10, 2015  Village Council Workshop Minutes- - June: 24, 2015  Page 10 of10