VILLAGE COUNCIL REGULAR MEETING OF DECEMBER 16, 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, Councimember Bill Ribble - District 1, Councilmember Katy Errington -1 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 Steve Sarkozy, Village Attorney Burt Saunders, and Village  Clerk Kathy Hall. 1.CALLTO ORDER  Mayor Batos called the meeting to order at 6:30 p.m.  2. PLEDGE OF ALLEGIANCE Mayor Batos led the Pledge of Allegiance.  3. INVOCATION  Father' Tony from Our Lady ofLight Catholic Community offered thei invocation.  4. ROLL CALL  Village Clerk Kathy Hall called the roll; all: members were present with the exception of  Councilmember Brown (excused absence). 5.A APPROVAL OF AGENDA  Councimember Errington stated that she wanted to remove agenda item 8 (C) First reading of Ordinance No. 2015-21 from the agenda and postpone first reading until Council was provided the related materials. Discussion ensued, including the quasi-judicial nature oft the hearing, and Village Attorney Saunders stated that all documentation would be distributed well in advance of the public hearing and second reading. Community Development Department Director Gibbs provided Florida statute information, stated that she would be willing to briefeach Councilmember when the related materials became available, and noted that ift there wasn'ta Councilmember Ribble: moved approval oft the agenda, seconded by Councilmember Wilson,  clear understanding at the hearing, it could be continued.  called and carried unanimously, with Councilmember Brown absent.  Village Council Regular Meeting Minutes- - December 16, 2015  Page 1of6    6. CONSENT AGENDA (A) Approval ofMinutes:  (1) November 13, 2015 Special Council Meeting (2) November 13, 2015 Council Workshop  Councilmember Levitan moved approval oft the Consent Agenda, seconded by Councilmember Ribble, called and carried unanimously through ai roll call vote, with Councilmember Brown  absent.  7.P PRESENTATION  Jeffrey Mednick, Project Manager, Florida Department ofTransportation - US 41 Lighting JeffMednick, Project Manager, through al PowerPoint presentation, provided information regarding the US41 lighting project South ofl Pelican Colony Blvd to San Carlos Blvd; project history; scope of project; budget and schedule; FDOT coordination with entities; commitments made in 2012; LEDI highway lighting; contractor's selection process; decorative options requested in 2012 byl ECCL; decorative options for now and for the future; Village concurrence and maintenance agreement. Mr. Mednick also spoke briefly regarding the template maintenance agreement and template compensation agreement. (Written materials provided) Discussion followed related to federal funding; the type oflight that would be utilized ifthe Council chose to move forward at this time; there was no guarantee when this project would be funded again ifthe Council chose decorative lighting options and not the standard LED lights; maintenance and compensation; banner fixtures and the need for aj program, including the banner There was Council consensus to move: forward and schedule approval for the next regular  Project  approval process through FDOT. Council meeting, January 6, 2016. 8. COUNCIL BUSINESS  (A) Second Reading and Public Hearing: Ordinance No. 2015-20 An Ordinance oft the Village Council ofthe 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 Village Clerk Hall read the titlec ofOrdinance! No. 2015-20 and noted that the notice was Community Development Director Gibbs provided explanation ofthe ordinance and the  published pursuant to Florida statutes, on. November 27,2015.  study.  Village Council Regular Meeting Minutes- - December 16, 2015  Page 2 of6    Mayor Batos called for public comment and no one came forward. Councilmember Boesch moved to adopt Ordinance No. 2015-20, seconded by Councilmember Ribble, called and carried unanimously through ai roll call vote, with  Councilmember Brown absent.  (B) Second Reading and Public Hearing: Ordinance No. 2015-19. An Ordinance oft the Village Council oft the Village of] Estero, Florida, Amending Chapter 34, Zoning, Article VII, Supplementary District Regulations, Division 15, Estero Land Development Code, tol 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 Village Clerk Hall read the title ofOrdinance No. 2015-19 and noted that thej public hearing notices were published pursuant to Florida statutes, on November 25, 2015 and  December 11,2 2015. Mayor Batos opened the hearing.  Public testimony presented in favor oft the ordinance:  Dr. John Dwyer, Naples resident Dr. Karen Dwyer, Naples resident  Phil Douglas, Lighthouse Bay resident (Written testimony provided) Peter Cangialosi, The Preserve at Corkscrew resident, representing ECCL (Written Ray Judah, Iona McGregor community resident, representing FCOC Caitlin Weber, Conservancy of Southwest Florida (Written testimony provided)  testimony provided)  Beverly MacNellis, Marsh Landing resident Julianne Thomas, Conservancy of Southwest Florida Ralfl Brookes, Attorney, Conservancy of Southwest Florida  Jaimie Duran, Naples resident Donna Knapp, Naples resident Ruth McGregor, No. Fort Myers resident The public hearing was closed.  Village Attorney Saunders called attention to revisions made to the ordinance following Councilmember Errington moved to adopt Ordinance No. 2015-19 as amended, seconded by Councilmember Boesch. Discussion oft the motion followed. Vice Mayor Levitan noted that Council was provided over 1,000 pages of documents relating to fracking; he focused on two inj particular, the June 2015 report from New York State Department of Environmental Conservation, and the. June 2015. Assessment ofthe Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources Executive Summary published by the Federal Environment Protection Agency. Vice Mayor Levitan also noted for thei record that no one appeared before the Council that was against the ordinance, the Planning and Zoning Board found conclusively that the ordinance was consistent with the Comprehensivel Plan, and voted to stronglyrecommend that Council  the first reading.  Village Council Regular Meeting Minutes- - December 16, 2015  Page 30 of6    adopt the ordinance. He also referred to the preamble to the Estero Comprehensive Plan as well as Goal 19 Vision Statement. He stated that hel believed that the ordinance was entirely consistent with the Comprehensive Plan and that the only way to protect quality Councilmember Errington conveyed appreciation to the Conservancy for all oft the work involved and stated that water was the important issue. She agreed with Vice Mayor Levitan and noted that she has not had onej person ask her to support fracking. Councilmember Boesch commented that the emphasis was on water, especially in this area. He suggested that thel H20 Solutions report bei included in the record. Attorney Saunders responded that all documents presented at the meeting would be part ofthe Mayor Batos stated that he was told that ift the Council passed the ordinance and thel Bill passed as written, the ordinance would bej preempted; however, ifthe wording in the Bill wasi rewritten, thej portion that would preempt the Village from controlling the zoning would be reinstated. He continued that he was: not in favor of fracking; however, he wanted to bej practical and put in laws that meant something. He stated that his responsibility was to represent the people; although he did not believe that the ordinance would accomplish anything, he would bei in favor ofthe ordinance because he sensed that The motion was called and carried unanimously through ai roll call vote, with The meeting went into recess at 7:55 p.m. and reconvened at 8:02 p.m.  oflife in Estero was to ban the practice completely.  record.  was what most people wanted. Councilmember Brown absent.  (C) First Reading: Ordinance No. 2015-21 A Zoning Ordinance ofthe Village Council of the Village of Estero, Florida; Rezoning 21.36. Acres Located at 9201 and 9301 Corkscrew Road, from Commercial Planned Development to Residential Planned Development for the Volunteers of America Continuing Care/Assisted Living Project, with a Maximum 340 Beds and Maximum Building Height of45 Feet, and Including Conditions of Development; Approving Certain Deviations; Providing for Conflict; Providing for Village Clerk Hall read the title of Ordinance 2015-2land noted that the: zoning hearing would bel held on. January 13, 2015 and the public hearing notice was published pursuant Community Development Director Gibbs provided al brief explanation of the ordinance Note: Public comment could not bet taken on Ordinance No. 2015-21 until the second Mayor Batos asked that the applicant provide electronic copies ofinformation.  Severability; and Providing an Effective Date  tol Florida statutes, on December 11,2015.  as well as information related to the zoning hearing process. reading and public hearing scheduled for January 13,2016.  Village Council Regular Meeting Minutes- - December 16, 2015  Page 4 of6    Councilmember Boesch moved to approve first reading ofOrdinance No. 2015-21, seconded by Councilmember Wilson, called and carried unanimously through a roll call  vote, with Councilmember Brown absent.  (D) Resolution No. 2015-81 A Resolution oft the Village Council ofthe Village of] Estero, Florida, Supporting the Budget Request for the Lovers Key Environmental Educational  Center; and Providing an Effective Date  Village Clerk Hall read the title of] Resolution No. 2015-81.  Vice Mayor Levitan noted a revision that should be made to Section 2 to indicate that Council supported the funding request to the state legislature. Section 2 was amended to read: "The Village Council of the Village of Estero supports the funding request to the state legislature made by Friends ofLovers Keyi in the amount of$1.51 million for Phase 1  ofthe Environmental Education Center."  Mayor Batos called for public comment and no one came forward.  Councilmember Ribble moved to adopt Resolution No. 2015-81 as amended, seconded by Vice Mayor Levitan, called and carried unanimously through ai roll call vote.  (E) Southwest Florida Regional Planning Council Membership  Mayor Batos explained that Councilmember Errington brought this up at the December 11, 2015 Council workshop. Councimember Errington stated that she confirmed that she could continue as the liaison to the Estero Bay Agency on Bay Management. Councilmember Errington moved to authorize the Mayor to sign the letter as well as being able to make technical changes to the letter ifnecessary, seconded by Councilmember Wilson. Discussion of the motion followed related to the future of the Regional Planning Council. The motion was called and carried unanimously through a  roll call vote, with Councilmember Brown absent. 9. PUBLIC INPUT ON NON-AGENDA ITEMS  Mayor Batos called for public input on any issue and no one came forward. 10. COUNCIL COMMINCATON/AUTR, AGENDA ITEMS  Councilmember Ribble reviewed the history and provided an update related to the building located at 9401 Corkscrew Palms Circle. Discussion ensued regarding additional funds necessary for occupancy, including furniture, fixtures, and equipment. There was consensus to Councimember Errington extended appreciation to Bill Smith for the nice Estero River article  bring back al budget amendment to the next regular Council meeting.  that was in the. News. Press.  Village Council Regular Meeting Minutes - December 16, 2015  Page 5of6    11. VILLAGE ATTORNEY COMMENTS  (A) Suggested Legislative Priorities for the 20161 Legislative Session  Village Attorney Saunders provided al brief explanation ofhis proposed 2016 State Legislative Agenda, which included 91 Bills. Hei noted that he would be adding one additional Bill related to municipal election dates. He indicated that he would like to begin working with staff on projects that they would like to get funded. Brief discussion Mayor Batos inquired whether a letter was sent to the Capitol in support ofthe Governor's funding attempt for bringing business into the state. Village Attorney Saunders responded that he would: need to: research whether al letter was sent. Mayor Batos stated that, ifal letter of support was sent to the Governor, it should be added to the  followed.  priority list.  12. VILLAGE MANAGER COMMENTS  None. 13.A ADJOURN  Councimember Errington moved to adjourn, seconded by Councimember Ribble, called and  carried unanimously, with Councilmember Brown absent. Mayor Batos adjourned thei meeting at 8:25 p.m.  ATTEST: By:-  VILLAGE OF ESTERO, FLORIDA EBS  By:  Hathypsal Kathy Hall, MMC Village Clerk  Nicholas Batos Mayor  Minutes approved as submitted: January 6, 2016  Village Council Regular Meeting Minutes - December 16, 2015  Page 6 of6