VILLAGE COUNCIL REGULAR MEETING OF. JUNE 32015 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 District3, Councilmember Katy Errington - District 4, and Councilmember Jim Boesch - District 5. Absent: Councilmember Jim Wilson - District 7 (excused absence).  CALLTO ORDER the Flag. INVOCATION ROLLCALL  The Mayor called the: meeting to order at 10:01 am, followed by the Pledge of Allegiance to  The Invocation was offered by Pastor Frank Brand of the First Baptist Church of] Estero. Interim Village Manager Peter Lombardi called the roll; all: members were present, except  Mr. Wilson, whose absence had been previously excused. Mayor Batos requested the addition of four items toi the agenda: 8(K)-Letter: from Florida GulfCoast University (FGCU) 8(L) -Letter from Fountain Lakes Community 8(M) -Letter to Lee County Clerk of Courts 8(N)-7 Transportation Issue There were no objections from the Council members.  APPROVAL OF AGENDA  COUNCIL BUSINESS  8(A) APPROVAL OF MINUTES- Approval of Minutes for the May 15, 2015 Mr. Ribble mentioned that Maryann Batlle's name. had been misspelled in the Workshop minutes. Mr. Ribble moved approval as corrected, seconded by Mr. Brown, called and 8(B) SECOND READING AND PUBLIC: HEARING- ORDINANCE 15-05 An Ordinance of the Village Council of the Village of Estero, Florida, Establishing and Adopting Uniform Travel Policies and Procedures; Providing al Process for. Amending' Travel Policies and Procedures; Providing for The Mayor called for public comment, and no one came forward. The ordinance was  Regular Meeting and the May 15, 2015 Workshop  carried with Mr. Wilson absent.  Severability; Providing an Effective Date adopted viai roll-call vote with Mr. Wilson absent.  ORDINANCE 15-05  8(C) SECOND READING AND PUBLIC HEARING - ORDINANCE 15-06 An Ordinance of the Village Council of the Village of Estero, Florida, Establishing Purchasing Procedures; Designating a Purchasing Agent; Providing for Limitations on Purchases; Providing for Competitive Bidding; Establishing Competitive Bidding and Bid Opening Procedures; Providing for Awarding of Bids; Providing for Waiver of Competitive Bidding; Providing for --MINUTES FOR VILLAGE OFI ESTERO 6/3/2015 REGULAR MEETING    2  Exemptions from Competitive Bidding; Providing for Repeal of Conflicting Provisions; Providing for Severability, Inclusion on the Code and in an Effective  Date.  The Mayor called for public comment, and no one came forward. The ordinance was  adopted via roll-call vote with Mr. Wilson absent.  ORDINANCE 15-06  8(D) FIRST READING AND PUBLIC HEARING - ORDINANCE 15-07  An Ordinance of the Village Council of the Village of] Estero, Florida, Relating to thel Local Communications Services Tax, Providing for the Levy oft the Local Communications Services Tax and Specifying a Rate; Electing to Adjust the Tax Rate in Lieu of] Permit Fees; Providing for Notice to the Department of Revenue; Providing for Severability; Providing an Effective Date Vice Mayor Levitan inquired about the impact oft the recent legislative vote to: reduce the tax. Village Attorney Burt Saunders explained that the original version would have no impact because it affected only the maximum rate, and that any necessary changes could be made for the second reading. The Mayor called for public comment, and no one came forward. The ordinance was set for second hearing via roll-call vote with Mr. Wilson 8(E) FIRST READING AND PUBLIC HEARING - ORDINANCE 15-08 An Ordinance of the Village Council of the Village of Estero, Florida, Adopting Lee County Ordinance No. 15-09 Amending the Lee County Code of Ordinances in Effect in the Village of Estero, Pursuant to Section 12(5)(1) oft the of] Estero Charter Amending Lee County Land Development Code Chapters 6 and 10 and Certain Sections of the Florida Building Code to Authorize the Board of Adjustments and Appeals to Hear Certain Variance Requests from the Florida Building Code; Limit Building Permits Based on Affidavit; Amend the Definition of Substantial improvement; Repeal and Replace Land Development Code. Article IV Flood Hazard (Secs. 6-401 - 6-476) in its Entirety, to Adopt Flood Hazard Maps, Designate a Floodplain Administrator, Adopt Procedures and Criteria for Development in Flood Hazard Areas, and for Other Purposes; Provide for Conflicts ofLaw, Severability, Codification and Scrivener's Errors, Modifications that May Arise from Consideration at Public Hearing and an Village. Attorney Burt Saunders explained the purpose oft the ordinance is to try to: maintain a 25% discount on residents' flood insurance. The Mayor called for public comment, and no one came forward. Attorney Saunders described a consulting proposal from Lori Lehr ofJ. R. Evans, and recommended that the Council approve the proposal. Discussion followed regarding the deadline for participation ini the program, the timeline for consultant services, and the duration oft the proposal. The ordinance was set for second hearing via roll-call vote 8(F) RESOLUTION -] Resolution Regarding Development on Corkscrew Road Vicel Mayor Levitan provided background information regarding thei resolution, pointed out various items that had been received from interested parties, and commented on the need to consider the impact of additional traffic on Corkscrew Road. Mr. Boesch briefly reviewed thel history ofimprovements on Corkscrew Road, remarked on the unwillingness of the new developers to participate in the Corkscrew Road Service Area (CRSA), and stated his opposition to the developments as currently presented. Ms. Errington expressed her  absent.  Effective Date  with Mr. Wilson absent.  MINUTES FOR VILLAGE OFI ESTERO 6/3/2015. REGULAR MEETING-    3  concerns about the environment and water issues, noted a shortage of greenspace within the The Mayor called for public comment, and the following individuals came forward: Donald Schrotenboer, Wild Blue Project Representative enumerated objections to the resolution, and described developer efforts toi inform the community and protect the Neale Montgomery, Pavese Law Firm Corkscrew Farms - presented a letter describing Charles Basinait, Henderson Franklin - Wild Blue commented on various aspects of the The Vines resident, Dick Hollander commented on the need to be sure important issues are Joseph Camerata, representing Corkscrew Farms opined that the safety issue on Corkscrew Road could be resolved by a timed traffic light at. Bella Terra, and addressed  Village, and emphasized the: need to,] protect what Estero has.  environment.  objections to the resolution, and responded to Council questions. traffic issues and on the developer's willingness to communicate.  taken care ofbefore development occurs.  environmentallwater. issues.  April Olson, Conservancy of Southwest Florida provided reasons for their support ofthe development overlay, particularly the ecological benefit of the conservation easements. Nicole Johnson, Conservancy of Southwest Florida - commented on the studies that support Old Estero resident, Patty Whitehead - suggested that the two projects represented "urban sprawl", expressed her environmental concerns, and suggested that the land could be put to Don Eslick, Estero Council of Community Leaders (ECCL) - Encouraged approval oft the resolution, and commented on the importance of the Density eduction/Groundwater Estero Fire Chiefs Scott. Vanderbrook, representing Estero Fire District- - Noted the need to protect the entire Fire District, and reported that Corkscrew Farms would donate five acres Throughout the speaker's comments, the Council members interjected questions and remarks regarding various aspects of the proposed developments. Vice Mayor Levitan summarized his reasons for supporting the resolution: the differences between County and Village visions for the area, the importance ofj protecting the DR/GR, the possible failure of Corkscrew Road, and the responsibility oft the Council for the Village residents' quality of life. Ms. Errington cited Policy19.5.4 oft the Estero Community Plan regarding the DR/GR, and noted that the Council was trying to abide by that plan. Mr. Ribble moved approval, seconded by Vice Mayor Levitan, called and carried unanimously via roll-call vote with Mr.  the Conservancy's position.  better use.  Resource (DR/GR).  for ai new: fire station.  Wilson absent. RESOLUTION NO. 2015-33  KA  -MINOTES FOR VILLAGE OFI ESTERO 6/3/2015 REGULAR MEETING---    4  8(G) RESOLTION-Rehisng:Cratm. ofthe Departmentef KK Commenty-Develepment Establishing and Providing for the Authority of the Village Manager to fill thel Position of Community Development Director Vice Mayor Levitan mentioned previous discussions about the number of development projects in the pipeline and the need for a staff person to assist the Village and developers in getting through the process. He added that the duties of the job would include development ofa Village Comprehensive Plan and Land Development Code. Discussion followed regarding the importance oft the position, the code enforcement process, the possible need for support staff, and budgetary considerations. The Mayor called for public comment, and no one came forward. Mr. Ribble moved approval, seconded by Vice Mayor) Levitan, called  and carried with Mr. Wilson absent. RESOLUTION NO. 2015-34  8(H) RESOLUTION - Resolution Adopting Interlocal Agreement with Lee County Village Attorney Burt Saunders noted that some elements oft the plan are already included in the Municipal Services Taxing Unit (MSTU), and that adoption of the agreement was part of the Village' s effort to preserve the flood insurance discount. The Mayor called for public comment, and no one came forward. Mr. Brown moved to approve, seconded by Ms.  Regarding Floodplain Management  Errington, called and carried with Mr. Wilson absent.  RESOLUTION NO. 2015-35  Attorney Saunders requested approval oft the Floodplain Management contract withJ.R. Evans. Vice- Mayor Levitan moved approval, seconded by Mr. Ribble. The Mayor called for public comment, and no one came forward. The motion was called and carried with Mr. 8(I) DISCUSSION - Discussion Regarding the Metropolitan Planning Organization Mayor Batos mentioned that the subject of future plans for Corkscrew Road and the interchange had been brought up at the MPO meeting he attended last week; and that a workshop was scheduled for Tuesday, June 23 from 1:30-4:30 pm. He encouraged Council members and all concerned residents to attend the workshop to express their concerns to the Florida Department ofTransportation (FDOT). There was consensus that Interim Village Manager Peter Lombardi would provide information to the Council and that it would also be posted on the website. The Mayor called for public comment, and no one came forward. Mayor Batos suggested, and Council agreed, that the discussion bej postponed to the June 12 8(K) DISCUSSION: - Letter from Florida Gulf Coast University (FGCU) Mayor Batos reported receipt of a letter from FGCU President Bradshaw requesting that the Council write to the legislature to help FGCU get funding for construction and other needs. He added that he had asked Village Attorney Saunders to compose a letter, and requested  Wilson absent.  (MPO)  8(J) DISCUSSION - Discussion Regarding Capital Projects  workshop.  Council approval to send it. There were no objections.  8(L) DISCUSSION - Letter from Fountain Lakes Community  Mayor Batos reported receipt ofal letter from Fountain Lakes regarding an issue with the creek on the south side of the property, noted that he had asked Interim Village Manager Peter Lombardi to acknowledge receipt oft the letter and to contact County Natural  Resources for additional information before taking any action.  -MINUTES FOR VILLAGE OFI ESTERO 6/3/2015. REGULAR MEETING--    5  8(M) DISCUSSION- Letter to Lee County Clerk of Courts  Mayor Batos expressed thanks on behalfofthe Council to Lee County Clerk ofCourts Linda Doggett and those who have helped over the last three months with the meeting minutes. He asked Interim Village Manager Peter Lombardi to send a thank you letter. Mayor Batos mentioned that various individuals and groups had been meeting with the County to discuss transportation issues, and that the County had expressed a preference for more: formal discussions. Village Attorney Burt Saunders noted that County staff was sensitive about meeting with elected officials. Briefdiscussion ensued regarding al process  8(N) DISCUSSION- Transportation Issue  toc convey citizens' concerns through the Council. PUBLIC INPUT ON NON-AGENDA ITEMS  The Mayor called for public input; and the following individual came forward: Old Estero resident Patty Whitehead suggested appointment ofa Councimember as liaison COUNCIL/MANAGERATTORNEY COMMUNICATIONS AND FUTURE  tot the Estero Bay Agency on Bay Management (ABM).  AGENDA ITEMS  Council Members' Comments:  Mr. Ribble reported that he attended the Elks Memorial Day Retirement of the Flags: celebration, and that the Proclamation read by Mayor Batos was well received. He also mentioned aj presentation at a meeting ofthe South Florida Water Management District (SFWMD), and noted that hel had asked the speaker to attend the Council workshop Referring to a meeting ofmunicipal officials that hel had attended on May 21, he commented that he had: received many opinions from the group: regarding the Village's office space Vice Mayor Levitan requested an excused absence for next week's Workshop. There were Mr. Brown reported that hel had no update on Health Care Village, and requested an excused Following discussion, there was consensus that the. June 12 Workshop would be cancelled Ms. Errington reported attendance at meetings ofLee Memorial Health System (LMHS), the Conservancy ofSouthwest Florida, a group called BikeWalk, and HealthyLee" Mr. Boesch commented that he and Interim Village Manager Peter Lombardi would be meeting with the newi Director oft the Florida Department ofTransportation (FDOT). Village Attorney Burt Saunders reported a meeting with Commissioner Kiker and staff, and ac conversation with County Attorney Wesch, regarding the draft interlocal agreement. Discussion followed regarding possible workshops and budget preparation.  on June 24. needs.  no objections.  absence for next week's Workshop. There were no objections.  and the agenda items moved to. June 24.  Village Attorney's Comments:  -MINUTES FOR VILLAGE OF ESTERO 6/3/2015 REGULAR MEETING---    6  Interim Village Manager's Comments: Interim Village Manager PeterLombardi: to allow for scheduling oft budget workshops.  Stated that he would present a draft budget for Council discussion at the June 24 Workshop, Mentioned receipt oft the 2015 Preliminary Tax Roll with $5.6billion valuation, for approximately $4,465,000 ini revenue; and noted the need to verify that all Village of Estero  parcels were: included. ADJOURN  Described current and future improvements to the website.  Thel Mayor adjourned the meeting at 12:50 pm.  ATTEST:  VILLAGE OF ESHRO,FLORIDA   By: Kathy Sa Kathy Hall, MMC Village Clerk  By:,  Nicholas Batos Mayor  MINUTES FOR VILLAGE OFI ESTERO 6/3/2015 REGULAR MEETING-