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 tplse-lsecoundlasanine. 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 MARCH6,2019  FINAL ACTION AGENDAMINUTES VILLAGE COUNCIL MEETING Village of Estero Council Chambers 9401 Corkscrew Palms Circle Estero, FL33928 January 9, 2019 9:30 a.m.  1.  CALLTO ORDER: 9:30: a.m.  PLEDGE OF ALLEGIANCE: Led by Mayor Boesch.  INVOCATION: Pastor Todd Weston from River ofLife Assembly of God. 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, 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 revised agenda. Motion by: Vice Mayor Ribble Seconded by: Councilmember Batos  Action: Approved the agenda. Vote: Aye: Unanimous Nay: Abstentions:  Village Council Meeting Final Action Agenda/Minutes - January 9, 2019  Page 1 of8    3.  PROCLAMATION:  (a) Human Trafficking Awareness and Prevention Month  A Proclamation was presented to Lorna McCraney, Program Director and Sam Lewis, CEO, WearTheFund, Human Trafficking Awareness Partnerships, proclaiming the month of. January, 2019 as "Human Trafficking Awareness and  Prevention Month. "  4. 5.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None  CONSENT AGENDA: (a) First Reading of Ordinances:  Ordinance No. 2019-02 An Ordinance of the Village Council ofthe Village of Estero, Florida, Repealing Licenses and Business Regulations Provisions of the Lee County Code Previously Adopted by Reference; and Providing an Effective Ordinance No. 2019-03 An Ordinance oft the Village Council of the Village of Estero, Florida, Repealing Motor Vehicles and Traffic Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Date Ordinance No. 2019-04 An Ordinance of the Village Council of the Village of Estero, Florida, Repealing Offenses and Miscellaneous Provisions ofthe Lee County Code Previously Adopted by Reference; and Providing an Effective Date Ordinance No. 2019-05 An Ordinance of the Village Council of the Village of Estero, Florida, Repealing Parks and Recreation Provisions of the Lee County Code Previously Adopted by Reference; and Providing an Effective Date Ordinance No. 2019-06 An Ordinance ofthe Village Council oft the Village of Estero, Florida, Repealing Public Buildings and Lands Provisions ofthe Lee County Code Previously Adopted by Reference; and Providing an Effective Date Ordinance No. 2019-07 An Ordinance of the Village Council of the Village of Estero, Florida, Repealing Public Improvements and Projects Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Ordinance No. 2019-08 An Ordinance of the Village Council of the Village of Estero, Florida, Repealing Roads and Bridges Provisions ofthel Lee County Code Previously Adopted by Reference; and Providing an Effective Date Ordinance No. 2019-09 An Ordinance oft the Village Council of the Village of Estero, Florida, Repealing Tourist Development Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Date  Date  Date  Village Council Meeting Final Action Agenda/Minutes: - January 9, 2019  Page2of8    Ordinance No. 2019-10 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Water and Sewers Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Date Ordinance No. 2019-11 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Wells Provisions oft the Lee County Code Previously Ordinance No. 2019-12 An Ordinance oft the Village Council ofthe Village of Estero, Florida, Repealing Non-Ordinance Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Date  Adopted by Reference; and Providing an Effective Date  Village Clerk Hall read the Ordinances for the record. referenced ai memo from Attorney Derek Rooney.  Village Attorney Saunders provided brief comments regarding the ordinances and  Public Comment: None  Motion: Move to approve consent agenda  Motion by: Councilmember Wilson Seconded by: Councilmember McLain  Vote: Aye: Unanimous Nay: Abstentions:  Questions or Comments: None  6. 7.  CONSIDERATION OF ITEMS DEFERRED FROM CONSENT AGENDA: None  ACTIONITEMS:  (a) Resolution No. 2019-02 A Resolution ofthe Village Council oft the Village of Estero, Florida, Authorizing the Village Manager to Record in the Lee County Records this Resolution and its Attachments, Including a Three Party Agreement Related to the Purchase of] Property Currently Subject to the Estero on the River MPD Resolution Approved by Lee County Board of County Commissioners on June 4, 2007, as Zoning Resolution Z-07-021; and Providing an Effective Date  The title of Resolution No. 2019-02 was read by Village Clerk Hall.  Village Attorney Saunders noted concerns from Councilmember Levitan and noted that Village Land Use Counsel Stroud came up with this resolution to solve the issue.  Questions or Comments: None  Village Council Meeting Final Action Agenda/Minutes- - January 9, 2019  Page 3 of8    Public Comment: None  Motion: Move to adopt Resolution No. 2019-02. Motion by: Councilmember Errington Seconded by: Vice Mayor Ribble  Action: Vote: Aye: Unanimous Nay: Abstentions:  (b) Resolution No. 2019-01 A Resolution ofthe Village Council ofthe Village of Estero, Florida, Authorizing the Issuance of Its Not' To. Exceed $20,000,000 Taxable Revenue Note, Series 2019, for the Purpose of Financing, In Part, the Cost of] Purchasing Certain Parcels ofLand, as More Fully Described Herein; Authorizing the Negotiated Sale of Such Note to Capital Bank, a Division of First Tennessee Bank National Association, Pursuant to the Terms and Conditions ofa Loan Agreement by and Among the Florida Municipal Loan Council, the Village of Estero, Florida, and Capital Bank, a Division ofFirst Tennessee Bank National Association; Approving the Form of and Authorizing the Execution and Delivery ofthe Loan Agreement; Making Certain Other Covenants and Agreements in Connection with the Issuance of Such Note; and Providing an Effective Date The title ofl Resolution No. 2019-01 was read by Villager Clerk Hall. Mayor Boesch noted that no changes have been made to the loan that council talked previously about. Village Manager Sarkozy provided explanation of the resolution; fixed rate and no pre- Questions or Comments: Councilmember Wilson had questions on the closing statement, we will be receiving rent; who owns the ministry building? Village Manager Sarkozy responded the Village will own it; leases will be renewed as well as discussion ofno additional liability or exposure. Finance Director Roberson added that insurance carriers are working together at the current time. Councilmember Batos asked about the $2200 for ad valorem taxes on the closing statement. John Paulich responded that was for the 2 weeks, paying January 1 through January 14, 2019; Finance Director Roberson added furtheri information regarding payment of taxes. Councilmember Levitan = asked  payment penalty. The plan is to close on January 14.  about this year's taxes; Finance Director Roberson responded.  Public Comment: None  Motion: Move to approve Resolution No. 2019-01 Motion by: Councilmember Wilson Seconded by: Councilmember Batos  Questions or Comments: None  Village Council Meeting Final Action. Agenda/Minutes - January 9, 2019  Page 4of8    Action: Vote: Aye: Unanimous Nay: Abstentions:  (c) Lien Removal Request on Property Located at 9870 Horne Lane  Village Attorney Saunders explained that this item is to remove a lien that was in error. Council approval is required to remove the lien. Community Development Director Gibbs added further information. The lien was recorded and now: needs Council action to Questions or Comments: Councilmember Batos asked whether the lien would be placed on the correct property. Community Development Director Gibbs responded that there is ai new owner who is removing the items. Councilmember Levitan asked that staff come up with a policy regarding liens to make certain it is formalized. He asked ifthis could be delegated to the special magistrate? Village Attorney Saunders said it could certainly be done; they will work with staff to put something together.  remove.  Public Comment:  Lauren Willison, 9840 Horne Lane, Estero, stated a concern that the fire department is Community Development Director Gibbs noted that they will need to go through the public hearing process to rezone the property; Mayor Boesch suggested Ms Willison  purchasing property that is zoned agriculture.  reach out to the fire chief.  Motion:  Move to remove lien on Property Located at 9870 Horne Lane  Motion by: Councilmember. Levitan Seconded by: Councilmember McLain  Questions or Comments: None Action: Move to approve removal of lien  Vote: Aye: Unanimous Nay: Abstentions:  Village Council Meeting Final Action Agenda/Minutes January 9,2019  Page 5of8    8.  SECOND READING/I PUBLIC: HEARING OF ORDINANCES: (a) Ordinance No. 2019-13-(Renumbered from 2018-20)  An Ordinance of the Village Council of the Village ofEstero, Florida, Repealing Development District Provisions oft the Lee County Code Previously Adopted by  Reference; and Providing an Effective Date  Mayor Boesch opened the public hearing and Village Clerk Hall read the title of Ordinance No. 2019-13. Mayor Boesch asked whether the ordinance had been properly advertised; Village Clerk Hall responded affirmatively. Village Attorney Saunders  provided an explanation. Public Comment: None.  Motion: Move to adopt Ordinance No. 2019-13. Motion by: Vice Mayor Ribble Seconded by: Councilmember Errington  Questions or Comments:  Action: Vote: Aye: Unanimous Nay: Abstentions:  (b) Ordinance No. 2019-01 An Ordinance oft the Village Council ofthe Village of Estero, Florida, Adopting a Reserve Policy; and Providing an Effective Date Mayor Boesch opened the public hearing and read the title of Ordinance No. 2019-01. Village Manager Sarkozy provided background regarding incorporation; spoke to the reserves being set up as a "cushion", along with litigation reserve. A future Council would not be limited to changes, but they would have to do an ordinance revision. Questions or Comments: Councilmembers Batos asked if we have a twelve-month reserve and ifinflation increases, we would raise the amount the following year? Finance Director Roberson responded regarding adjustments each year. Councilmember Batos asked about "at twelve months or greater.  Finance Director Roberson responded. Councilmember Levitan spoke to a super majority process. Councilmember Batos asked iftwelve months is equal to other municipalities? Finance Director Roberson believes  that other municipalities are between four and twelve months.  Public Comment: None.  Motion: Move to adopt Ordinance No. 2019-01. Motion by: Councilmember Wilson Seconded by: Councilmember McLain  Village Council Meeting Final Action Agenda/Minutes- - January 9,2019  Page 6 of8    Questions or Comments: None  Action: Vote: Aye: Unanimous Nay: Abstentions:  9.  PUBLIC COMMENT ON NON-AGENDA ITEMS: None 10. COUNCIL COMMUNICATIONS/FUTURE AGENDAITEMS:  Vice Mayor Ribble congratulated Councilmember Wilson on his recent presentation at ECCL and asked Village Attorney Saunders about regulation of vacation rentals. Village Councilmember McLain asked about fill trucks speeding on Estero Parkway. After they dump, they are creating an issue with turning left and asked that Village Manager Councilmember Errington stated that this is an historic day for the village in purchasing the Estero on the River property and thanked the D'Jamoos family. Councilmembers discussed appropriate naming of something for Don Eslick.  Attorney Saunders will research and get back to Council.  Sarkozy reach out to the Sheriff.  11. VILLAGE ATTORNEY'S REPORT:  Village Attorney Saunders spoke to the vision of the Council and how they exercised that  vision.  12. VILLAGE MANAGER'S REPORT:  Village Manager Sarkozy conveyed appreciation to the staff who have helped on the  purchase of the property.  Adjourn Regular Session and Convene Workshop  13. WORKSHOP ITEMS:  (a) Discussion: 20/20 Program for Conserving 10 Acres along the Estero River, Village Manager Sarkozy stated this property has been before Council previously and there's been an effort to secure 20/20 funding for this parcel from Lee County; led by the Conservation Foundation of the Gulfo Coast. Debi Osborne, Director ofLand Protection,  Village of Estero Conservation 20/20 Nomination 571  is here to support the effort.  Village Council Meeting Final Action Agenda/Minutes = January 9,2 2019  Page 7of8    Conservation Foundation oft the GulfCoast, Debi Osborne, pledged $15,000 and would Village Manager Sarkozy spoke regarding maintenance and the cost ofi invasive exotics Questions or Comments: The Council discussed the cost of removing exotics. After discussion, they suggested that Ms. Osborne go forward before the commissioners.  be willing to continue fund raising. removal, which could be $30,000.  Public Comment: None.  (b) Update: Parks, Recreation and Open Space Master Plan  Village Manager Sarkozy stated the there will be a survey mailed to a number of people and focus group meetings with Council members. There will also be opportunities for general public comment. Community Development Director Gibbs spoke regarding the upcoming public meeting on Monday, January 14 at the Estero Recreation Center.  Questions or Comments: None Public Comment: None  A motion to adjourn was made and duly passed. 14. ADJOURNMENT: 11:14a.m.  ATTEST:  VILLAGE OF ESTERO, FLORIDA Beabio  By:  By:  hL  KathyHall, MMC, Village Clerk o bekalf cA  KI Kidey  Village Council Meeting Final Action. Agenda/Minutes- - January 9,2019  Page 8 of8