VILLAGE COUNCIL REGULAR MEETING OF MAY 8, 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, with the following Council  members present:  Nick Batos - Mayor, District 6 Howard Levitan - Vice-Mayor, District2 2 Bill Ribble - District 1 Donald Brown - District 3 Katy Errington - District 4 Jim Boesch - District5 Jim Wilson District 7  The Mayor called the meeting to order at 10:00 am, followed by the Pledge of Allegiance to the flag.  INVOCATION ROLLCALL  The Invocation was offered by Father Hans Jacobse, St. Peter Orthodox Church  Interim Village Manager Peter Lombardi called the roll; all members were present.  APPROVAL OF AGENDA COUNCIL BUSINESS  Mr. Ribble moved approval, seconded byl Mr. Brown, called and carried unanimously.  6(A) Approval of April 10, 2015 Workshop Minutes; April 17, 2015 Regular Meeting Minutes; Mr. Ribble moved approval, seconded by Ms. Errington, called and carried unanimously. Mayor Batos commented that the agendas for today's Meeting and Workshop include items that were reviewed during the last workshop; noted that other items would be added to upcoming agendas; and requested that members provide any additional items to Mr. Lombardi for inclusion in future agendas. Interim Village Manager Peter Lombardi remarked that he had worked with Mayor Batos to create a list of organizations for liaison assignments; and asked members to recommend other organizations for future agendas. Mayor Batos explained his reasons for liaison assignments as shown below: 1. Metropolitan Planning Organization (MPO) - Mayor Batos, Mr. Boesch as alternate 2. Lee Memorial Health System (LMHS) - Mr. Brown 3. South Florida Water Management District (SFWMD) - Mr. Ribble 4. Florida Department of Transportation (FDOT) - Mr. Boesch 5. Lee County Department ofTransportation (LDOT) - Mr. Boesch 6. Florida Gulf Coast University (FGCU) - Mayor Batos 9. Conservancy of Southwest Florida - Ms. Errington  April 117,2015 Workshop Minutes  6(B) DISCUSSION - Council Liaison Assignments  7. Horizon Council - Mr. Wilson  8. Lee County Department of Community Development (DCD)-Vic-Mayorl Levitan Following brief discussion, Mayor Batos mentioned that a list of Advisory Committee liaison appointments would probably be discussed at next week's meeting. The Mayor called for public comment, and the  following individual came forward:  -MINUTES FOR VILLAGE OF ESTERO. 5/8/2015 REGULAR MEETING--    2  Conservancy of Southwest Florida representative, April Olson welcomed Ms. Errington  Mayor Batos mentioned that he could make introductions for members who are not familiar with the group Mr. Boesch moved approval oft the assignments as presented, seconded by Mr. Brown, called and carried  to which they were assigned. unanimously.  6(C) DISCUSSION - Selection Process for Permanent Village Manager  Mayor Batos stated that a determination should be made to either initiate a search or make the change from interim to permanent position. Mr. Levitan opined that it would be appropriate to start now with the search for aj permanent Village Manager. Following general discussion, there was consensus that a document from the Florida City and County Managers Association, dealing with the selection process, would be  provided to Council members for review prior to next week's Workshop. 6(D) DISCUSSION- Selection Process for Permanent Village. Attorney  Interim Village Attorney Burt Saunders briefly described the usual selection process. After brief discussion, Mr. Ribble moved to designate Attorney Saunders and Gray Robinson as permanent Village Attorney, seconded by Mr. Brown. Attorney Saunders reviewed the fee schedule for normal and additional activities, followed by discussion oft the need for lobbyists. The Mayor called for public comment, and the After Attorney Saunders responded that the services provided to Lee County were entirely different from  following individual came forward:  Old Estero resident, Patti Whitehead potential conflict ofi interest those provided to the Village, the motion was called and carried unanimously.  6(E) DISCUSSION- - Village Municipal Center  Mayor Batos clarified that this item involved discussion of a process to determine specific needs fora future facility with more office and parking space for the Council. Discussion ensued regarding financial resources, time required for acquisition and preparation, assignment ofa Council member to research the issue, experiences ofother municipalities, and the scope ofa an inter-local agreement with Lee County. Interim Village Manager Peter Lombardi described limitations ofthe current facility, noted that the acquisition and design process would take at least six months, stated that personnel requirements would depend on services provided, and estimated a space requirement between 7,500 and 10,000 square feet. Mr. Levitan moved to direct Mr. Lombardi to work with a Council liaison to develop recommendations for aj process, with input from other Council members, seconded by Mr. Brown. The Mayor called for public The motion was called and carried unanimously. Mr. Ribble volunteered to serve as Council liaison. Mayor Batos mentioned past problems with violations ofl Estero-specific Sign Codes; and asked that any member of the public who notices aj possible violation report it to Interim Village Manager Peter Lombardi. Discussion followed regarding the County's responsibility to remove illegal signs, the fact that most such signs are put up on weekends, the possible need for a Village process to adjudicate violations, and the limitations in dealing with inappropriate sign content. Following comments from Attorney Saunders about available alternatives, Mr. Levitan moved to direct the Village Attorney to develop a Special Magistrate Ordinance; seconded by Mr. Boesch. The Mayor called for public input, and the following individuals  input, and the following individual came forward:  Bella Terra resident, Mark Novitski suggestions about furniture and design  6(F) DISCUSSION - Sign Code Violations  came forward:  Old Estero resident, Patty Whitehead - billboards  Stoneybrook resident, Gary Israel - communication with business owners  After Council members and Attorney Saunders addressed the speakers' concerns, the motion was called  and carried unanimously.  PUBLIC INPUT ONNOM-AGENDAITEMS  -MINUTES FOR VILLAGE OF ESTERO5/8/2015 REGULAR MEETING----    3  The Mayor called for public input; and the following individuals came forward:  Estero Council of Community Leaders (ECCL) Interim Chair, Don Eslick- - Cooperation between the Village and ECCL, committee dealing with Density Reduction/Groundwater Resource (DR/GR), summary of community concerns from recent ECCL meeting Villages at Country Creek resident, George Molnar - printing both sides of pages, parliamentary Bella Terra resident, Mark Novitski - Village representation on Metropolitan Planning Organization Attorney Saunders responded to questions from Council members regarding attendance at the DR/GR Committee meetings; and Council members responded to Mr. Molnar and Mr. Novitski. COUNCIL/MANAGERATTORNEY COMMUNICATIONS AND FUTURE AGENDAI ITEMS Vice-Mayor Levitan mentioned al letter to Council members soliciting donations to the Estero Historic Society. He suggested, and Council members concurred, that aj policy and a budget for charitable  procedures  (MPO), Village Transportation Committee, and future municipal facility  Council Members' Comments:  contributions from the Village should be future workshop topics.  Mr. Brown mentioned that the Project Director for the proposed Estero facility would be on the agenda for Ms. Errington suggested a Memorial Day proclamation for next week's meeting for veterans from the community. There was consensus that the proclamation would bej put on the website after the May 20 Mr. Wilson reported on the ECCL meeting that he attended, and noted that Corkscrew Farms would havea major impact in the DR/GR. Discussion ensued regarding a cumulative impact traffic study for future developments on Corkscrew Road. The Mayor called on ECCL Interim Chair Don Eslick, who reported that ECCL is contemplating such a study and would share the findings with the Council. Bella' Terra resident, Mark Novitski commented on the shortcomings of current study methods. Conservancy of Southwest Florida representative, April Olson reported that the Local Planning Agency (LPA) hearings on  next Thursday's Lee Memorial Health System (LMHS) Board ofDirectors meeting.  Council meeting.  Corkscrew. Farms would be on Monday. Village Attorney's Comments:  Village Attorney Burt Saunders had no comments. Interim Village Manager's Comments:  Interim Village Manager Peter Lombardi had no comments.  ADJOURN  The Mayor adjourned the meeting at 11:44 am. 22  VILLAGE OF ESTERO,FLORIDA 2  By:_  Interim Village Clerk  Mayor  -MINUTES FOR VILLAGE OFI ESTERO: 5/8/2015 REGULAR MEETING--    1  VILLAGE COUNCIL WORKSHOP MEETING OF MAY8, 2015 The Village ofEstero Council Workshop Meeting was. held on1 this date at the Estero Fire  Rescue District Meeting Room, 21500 Three Oaks Parkway, Estero, Florida, with the following Council  members present:  Nick Batos - Mayor, District 6 Howard Levitan - Vice-Mayor, District2 2 Bill Ribble District1 1 Donald Brown - District 3 Katy Errington - District 4 Jim Boesch-Districts Jim Wilson-D District7  Thel Mayor called the meeting to order at 1:30j pm, followed by the Pledge of Allegiance to the flag.  ROLL CALL  Interim Village Manager Peter Lombardi called the roll; all members were present.  APPROVALOF AGENDA COUNCIL BUSINESS  Mr. Ribble moved approval, seconded by Ms, Errington, called and carried unanimously.  5(A) DISCUSSION-2015 Village Budget  Interim Village Manager Peter Lombardi explained. that, although the Village was not required to have a budget for its first fiscal year, it was beneficial tol have one as as spending guide; and stated that he and Interim Village Finance. Director Lisa Pace had constructed the budget for the remainder ofthe 2014-15 Fiscal Year. Ms. Pace utilized a PowerPoint presentation (copy included! in agenda backup) toj present details ofthe proposed budget. She pointed out that thei report represents a compilation ofa all financial data for the Village to-date; explained the calculations involved in each column under "Revenues", and responded to questions from Council. During the Revenues" portion ofthe presentation, Attorney Saunders agreed to provide al legal opinion regarding the effective date ofthe Village's entitlement to utility franchise fees; Ms. Pace confirmed that the budget had been created without some ofthe unknown values toj provide an idea ofthe minimum revenue that could be expected; and general discussion occurred regarding the uncertain effects of the pending inter-local agreement with Lee County. Mr. Lombardi clarified that the 2015-161 budget would include linei items that are not int the 2014-15 budget because revenue: for those items would not be received until after October 1,2015. Ms. Pace provided detailed information about amounts shown for Ad Valorem Revenue and the State revenue sharing process, She then described the rationale for the values shown under Expenditures", noting that some positions listed under "Personnel" had not yet been filled; and that "Contract Services"were based on proposals actually received. Discussion ensued regarding the effect on expenses of negotiations with the County, possible duplication ofcosts for services such as. Animal Control, the need for additional information to be considered at the next Workshop, County transportation services, the probability that actual expenses will differ from the budget, numbers that have been received sO far from the County, and the formula used to calculate gas tax revenue. Discussion continued regarding the projected surplus shown on the "Budget Summary" page ofa 3-page handout entitled' "Village ofl Estero - Budget Fiscal Year 2014-2015" (copy on file); expenses resulting from summer storms; and the timetable: for the 2015-161 budget and establishment ofai millage rate. The Mayor called for public input; however no one came forward to speak. After Ms. Pace stated that additional information would be provided as soon as possible, the Council discussed future  audit requirements.  -MINUTES FOR VILLAGE OF ESTERO: 5/8/2015 WORKSHOP MEETING--    2  5(B) DISCUSSION- - AIII Hazards' Tax  Interim Village Manager Peter Lombardi stated that, except fort the City ofCape Coral, none ofthe municipalities within the County assesses the. Alll Hazards Tax, because the County provides all emergency preparedness and disaster recovery services as part oft the County operation. After explaining how Cape Coral uses the assessment revenue toj provide services over and above what the County provides, he recommended that the Village not adopt the tax. Extensive Council discussion followed regarding the three-mill equivalency requirement for revenue sharing. Village Attorney Saunders reported that hel had been notified by Assistant County Manager Pete Winton that no resolution would be needed fort the' Village to opt out ofthe tax. There was Council consensus to eliminate the All Hazards Tax for Village residents. Vice-Mayor Levitan commented that he had contacted Council members regarding the idea of contracting with aj planning professional to serve as Development Services Director, and that the anticipated need for this position was included in the Land Development Ordinance. He:pointed out the volume and significance ofp pending cases, reviewed the details ofa draft job, description, and emphasized the need fora balanced presentation ofthe facts. Referring to a sample. job ad (çopy on file), he requested Council feedback on whether this would be the right direction to také. Discussion followed regarding the need fora Director to work with the Planning and Zoning Board (PZB) and Design Revièw Board (DRB), whether zoning/planning fees would cover the contract expense, the potential benefit for developers and the public, thei impact of development outside the Village limits, methods for fee collection/payments, and a requirement that the contractor maintain an office at Village Hall. There was Council consensus that Mr. Levitan and Interim Village Manager Peter Lombardi should initiate the process to advertise the position.  5(C) DISCUSSION- Development Services Director  Thel Mayor called for public input; however no. one came forward: to speak. 5(D) DISCUSSION- - Planning and Zoning Board (PZB) Meeting Schedule ITEMS 5(D). AND5(E) WERE DISCUSSED SIMULTANEOUSLY.  Interim Village Manager Peter Lombardi çonfirmed that the meeting schedule had been posted on the website. Discussion followed regarding a meeting scheduled for August, and for dates just before Thanksgiving and Christmas; and the duty ofBoard members to arrive at the meetings on1 time. There was consensus that these concerns would be conveyed tot the Boards. Attorney Saunders stated that a note would be added to PZB and DRB meeting notices, disclosing that two or more Council: members may attend; and reminded Council members that they were permitted to ask questions but not to interact with each other at these meetings. The Mayor called for public input; however no one came forward to speak.  5(E) DISCUSSION-) Design Review Board Meeting Schedule ITEMS 5(D). AND: 5(E). WERE: DISCUSSED SIMULTANEOUSLY.  SEE DISCUSSION/ ABOVE.  5(F) DISCUSSION- - Welcome to Estero Signs  Mayor Batos mentioned past discussions about placing "gateway" signs at the northern and southern sections ofUS 41, on' Three Oaks and Corkscrew, and in a few other areas; and asked whether a committee should be formed toj pursue the project. Discussion followed regarding the availability of grant funds, jurisdiction over median locations, the need for a Village logo, the concept ofal logo design contest, and locations ofexisting signs. There was consensus to postpone consideration ofnew signs. Thel Mayor Old Estero resident, Patty Whitehead- - Logo design contest and other possible design sources 5(G) DISCUSSION- = Ordinance 15-04. Amending Ordinance 15-01 Regarding the State Registered Vice-Mayor) Levitan mentioned that two slots on1 thel DRB had been left open due to the inability to locate even one person who met the current Ordinance: requirement that twoi members be state-licensed architects. He stated that the proposed amendment would reduce that requirement to one state licensed architect and  called for public input; and the following individual came forward:  Architect Requirement for thel Design Review Board (DRB)  -MINUTES FOR VILLAGE OF ESTERO 5/8/2015 WORKSHOP: MEETING--    3  allow the appointment ofc one: more member. He also mentioned that language included int thel Planning and Zoning Board (PZB) Ordinance, which allowed Council toi fill vacancies and remove: members, had been omitted from thel DRB Ordinance; and suggested that the proposed Amendment should be revised before first reading toi include that language. After other Council members indicated agreement with the proposed addition, Attorney Saunders confirmed that the validity ofthel DRB would not be affected by the vacancy. Discussion followed regarding the possibility ofd deleting the requirement completely sO the ordinance would not need to be revised again; the need to determine the reason fori inclusion ofthei requirement ini the Boca Raton model; the tentative schedule for the first reading on May 15, with ai review by thel Local Planning Agency (LPA) before the second reading; and the fact that additional members could bei non- residents because the required four residents are already on the DRB. The Mayor called for public input;  however no one came forward to speak. PUBLIC INPUT ONI NON-AGENDA ITEMS  The Mayor called for public input; however no one came forward to speak.  COUNCIL/MANAGERATTORNEY COMMUNICATIONS AND FUTURE AGENDA ITEMS Mr. Ribble mentioned the fund solicitation letter received by Council members from the Historical Society, Mayor Batos requested and received Council authorization toi respond to the Historical Society letter witha statement that the Village would not be making commitments to not-for-profits at this time. Ini response to a question from Ms. Errington, Attorney Saunders confirmed that the Council would be allowed toi meet in an emergency session without the usual notice requirement. Interim Village Manager Peter Lombardi had noi items for discussion. Village Attorney Burt Saunders had no items for discussion.  Council Members' Comments:  and described his efforts to locate an experienced carpenter to work pro-bono.  Interim Village Manager's Comments: Village. Attorney's Comments:  ADJOURN  The Mayor adjourned the meeting at 3:34 pm.  VILLAGE OFI ESTERO, FLORIDA 153  By:  2  Interim Village Clerk  Mayor  --MINUTES FOR VILLAGE OF ESTERO. 5/8/2015 WORKSHOP MEETING--