VILLAGE COUNCIL REGUALR MEETING OF DECEMBER 2, 2015  The Village of Estero 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  Councilmember Jim Wilson District 7.  Also present: Village Manager Steve Sarkozy, Village Attorney Burt Saunders, Finance Director Lisa Pace, Community Development Director Mary Gibbs, and Village Clerk Kathy Hall.  1.CALLTO ORDER  Mayor Batos called the meeting to order at 10:00 a.m.  2. PLEDGE OF ALLEGIANCE Mayor Batos led the Pledge of Allegiance.  3. INVOCATION  The invocation was offered by Pastor Tim Carson from Estero United Methodist Church.  4.R ROLLCALL  Village Clerk Kathy Hall called the roll; all members were present.  5.A APPROVALOF AGENDA  Mayor Batos noted that agenda items 7 (F) and (G) were to be removed from the agenda. Councilmember Brown moved approval oft the agenda as amended, seconded by Councilmember  Boesch, called and carried unanimously. 6.C CONSENT AGENDA  (A) Approval ofOctober 28, 2015 Regular Workshop Minutes  Councilmember Ribble moved approval of the Consent Agenda, seconded by Councimember  Errington, called and carried unanimously.  Village Council Regular Meeting Minutes- - December 2, 2015  Page 1 of6    7. COUNCIL BUSINESS  (A) Second Reading and Public Hearing: Ordinance No. 2015-18 An Ordinance oft the Village Council oft the Village of Estero, Florida, Approving the Second Budget Amendment for Fiscal Year 2015-2016; and Providing an Effective Date The title ofOrdinance No. 2015-18 was read by Village Clerk Hall.  Mayor Batos opened the hearing, called for public comment, and no one came forward. Finance Director Lisa Pace provided an explanation of the ordinance and noted amendments made to the second sentence oft the last "Whereas" beginning on line 36: "Staff It is recommending ed that the Village establish a Capital Projects fund to account for the restricted Impact Fee funds as well as the future Capital Improvement Projects." Councilmember Ribble: moved to adopt Ordinance No. 2015-18 as amended, seconded by Councilmember Errington, called and carried unanimously through a roll call vote. (B) First Reading: Ordinance No. 2015-20. An Ordinance ofthe Village Council oft the  Village of] Estero, Florida, Amending the Land Development Code, Chapter 2, Article VI, Impact Fees, Division 2, Roads Impact Fees, Section 2-266 Revising the Roads Impact Fee Schedule to Update the Calculations oft the Full Costs; Providing for Conflict;  Providing for Severability; and Providing an Effective Date The title of Ordinance No. 2015-20 was read by Village Clerk Hall. Mayor Batos called for public comment and no one came forward.  Vice Mayor Levitan provided amended language for the "Whereas" beginning on lines 37 and 41 to read: WHEREAS, the: study prepared-provided by Duncan. Associates, entitled "Road Impact Fee Study - Lee County, Florida", dated January 2015, which includes data from Estero, forms thel basis oft the proposed amendments herein and the findings of such report is-are hereby adopted by the Council; and WHEREAS, the Duncan Associates study findings and revised fee schedulei relies on the use ofa sophisticated methodology to determine the impacts of development in an effort to establish an appropriate level ofi impact fees based on most recent localized data; and" Council discussion followed regarding the amendments, as well as the Planning and Councilmember Wilson moved approval oft the first reading ofOrdinance No. 2015-20 and that the ordinance be moved to second reading, seconded by Councilmember Ribble,  Zoning Board review oft the ordinance.  called and carried unanimously through a roll call vote.  Village Council Regular Meeting Minutes- - December 2, 2015  Page 2 of6    (C) First Reading and Public Hearing: Ordinance No. 2015-19 An Ordinance oft the Village Council ofthe Village ofl Estero, Florida, Amending Chapter 34, Zoning, Article VII, Supplementary District Regulations, Division 15, Estero Land Development Code, to Limit Certain Excavation Activities Relating to Well Stimulation Including Acid Stimulation and Hydraulic or. Acid Fracturing; Providing for Codification; Providing for Conflict with Other Ordinances; and Providing for an Effective Date The title of Ordinance No. 2015-19 was read by Village Clerk Hall. Mayor Batos opened the public hearing and called for public testimony.  Public Testimony:  Phil Gresh, Shadow Wood resident, stated he was against the Bill introduced by Representative Rodrigues and addressed concern regarding fracking. (Provided written RayJudah, Florida Coastal and Ocean Coalition, encouraged the Council to: move Larry Newell, Fountain Lakes resident, stated that this needed to be carried on to Noah Kugler, Professional Geologist, representing Conservancy of Southwest Florida, spoke to concern regarding fracking and responded to questions from Councilmembers. Peter Cangialosi, noted that the Council was: not alone in what they were doing regarding fracking and read from information that hej provided from the Tallahassee. Democrat. RalfBrookes, Attorney, Conservancy of Southwest Florida, stated that they supported the ordinance; fracking was not appropriate for Estero; and addressed Home Rule power. He also responded to questions from the Council. (Provided written materials) Jennifer Hecker, Director of] Natural Resource Policy, Conservancy of Southwest Florida, conveyed appreciation that the Council was going forward with the ordinance; addressed concern regarding recent House Bills; and responded to questions from the Council. Phil Douglas, Lighthouse Bay resident, stated that Representative Rodrigues was representing the petroleum business; the Council was representing Estero residents. He Donna Knapp, Pine Ridge resident, conveyed appreciation to the Council.  materials)  forward with the ordinance and resolution.  Congress in firm terms.  (Provided written materials)  believed that the ordinance was a powerful message.  Julie Gerhard (no address given) conveyed appreciation to the Council for supporting the  ordinance.  No further public testimony; the hearing was closed.  Village Council Regular Meeting Minutes - December 2, 2015  Page 3 of6    Council discussion ensued.  Councilmember Ribble moved to approve first reading of Ordinance No. 2015-19 and that the ordinance bei moved to second reading, seconded by Councilmember Errington,  called and carried unanimously through ai roll call vote.  (D) Resolution No. 2015-77 A Resolution ofthe Village Council oft the Village ofEstero, Florida, Supporting a Statewide Ban on Well Stimulation Including Acid Stimulation and Hydraulic or Acid Fracturing for the Purposes ofOil or Natural Gas Exploration or Production in the State of] Florida; Requesting that the Legislature Make No. Attempt to Preempt Local Government Efforts to Ban Such Activities; and Providing an Effective  Date  The title ofl Resolution No. 2015-77 was read by Village Clerk Hall.  Mayor Batos called for public comment.  Public Comment: resolution.  Nancy Koerner, Naples resident, addressed concern regarding fracking and supported the Larry Newell, Fountain Lakes resident, addressed support for the resolution. Vice Mayor Levitan moved that all written testimony received under agenda items (C) and (D) be forwarded to the Council, seconded by Councilmember Wilson, called and Discussion followed related to providing a copy of the resolution to the Lee County Commission and the State Legislature. Village Attorney Saunders responded that he could deliver a copy to the Speaker of the House and Senate President, as well as the Councilmember Errington moved to adopt Resolution No. 2015-77, seconded by Councilmember Brown, called and carried unanimously through a roll call vote. (E) Resolution No. 2015-78 A Resolution ofthe Village Council oft the Village of Estero, Florida, Approving Language to Amend the Village of] Estero Charter, Section 11(2)(C) Amendments to the Charter, Requiring the Charter to be Amended by a Vote ofat Least Sixty Percent of the Electors Voting on the Amendment; Requesting that Florida House Member Ray Rodrigues Present the Revised Charter Language to thel Florida Legislature in the 2016 Legislative Session; and Providing an Effective Date The title of Resolution No. 2015-78 was read by Village Clerk Hall. Village Attorney Saunders provided an explanation of the resolution. Mayor Batos called for public comment and no one came forward.  carried unanimously.  chairman ofthe Lee County Commission.  Village Council Regular Meeting Minutes - December 2, 2015  Page 4 of6    Vice Mayor Levitan moved to adopt Resolution No. 2015-78, seconded by Councimember Wilson, called and carried unanimously through ai roll call vote. F) Resolution No. 2015-79. Al Resolution oft the Village Council ofthe Village ofEstero, Florida, Approving the Interlocal Agreement for Municipal Solid Waste Collection, Customer Services, Billing, and Disposal Between the Village of Estero and Lee County; Authorizing the Village Mayor to Execute the. Agreement; and Providing an Effective  Date  Note: This item was removed from the agenda.  (G) Resolution No. 2015-80 A Resolution oft the Village Council oft the Village of] Estero, Florida, Approving the Interlocal Agreement for Disposal Facilities Assessment Between the Village of Estero and Lee County; Authorizing the Village Mayor to Execute the  Agreement; and Providing an Effective Date Note: This item was removed from the agenda. S.PUBLICINPUT ON NON-AGENDA ITEMS  Beverly MacNellis, Marsh Landing resident, reminded Council ofthe "Light up Estero Event" as well as the February 18, 2016 gala premier showing ofai film regarding Mount Key. She also inquired regarding the Comprehensive Plan and Bill Spikowski. Vice Mayor Levitan provided  information and explanation.  9.COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS  Councilmember Ribble: reported that the bids for thei new Village Hall would be submitted by Councilmember Errington reported that she contacted Community Development Director Gibbs regarding some oft the code items that need enforcing in her area. She also spoke regarding the landscaping along Three Oaks Parkway and turning onto Estero Parkway. Mayor Batos responded that landscaping was part oft the FGCU program and was scheduled to part ofthe  December 10, 2015.  Capital Improvement Program.  10. VILLAGE ATTORNEY COMMENTS  None.  11. VILLAGE MANAGER COMMENTS  None.  Village Council Regular Meeting Minutes- - December 2, 2015  Page! 50 of6    12. ADJOURN carried unanimously.  Councimember Ribble: moved to adjourn, seconded by Councilmember Brown, called and  Mayor Batos adjourned the meeting at 11:35 a.m.  ATTEST:  VILLAGE OF ESTERO,FLORIDA BE  By: Kathpa  By:  Kathy Hall, MMC Village Clerk  Nicholas Batos Mayor  Minutes approved as submitted: January 6, 2016  Village Council Regular Meeting Minutes- - December 2, 2015  Page 60 of6