VILLAGE COUNCIL REGULAR MEETING OF MAY15,2015 The Village ofEstero 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, District 2 Bill Ribble - District 1 Donald Brown - District3 3 Katy Errington - District 4 Jim Boesch - District5 5 Jim Wilson -] District7  The Mayor called the meeting to order at 10:00 am, followed by the Pledge of Allegiance to  the flag. INVOCATION  The Invocation was offered by Rabbi Greenberg, Chabad of Bonita Springs and Estero.  ROLLCALL  Interim Village Manager Peter Lombardi called the roll; all members were present.  APPROVALOF AGENDA  Mayor Batos requested the addition of three items to the agenda:  6(E)-Resolution on the Gas Tax Issue 6(G)-Resolution regarding Village Clerk  6(F)-Discuss ai resolution to appoint a liaison for the SW Chapter, Florida League of  Cities  Vice-Mayor Levitan requested the addition of one item to the agenda:  6(H)-Update on discussions with the County Department ofCommunity Development Mr. Ribble moved approval as amended, seconded by Mr. Wilson, called and carried  unanimously. COUNCIL BUSINESS  6(A) Approval of April 24, 2015 Regular Meeting Minutes; April 24, 2015 Workshop Vice-Mayor. Levitan noted an error ini the roll-call vote on Item 5(D) ofthe. April 24 Regular Meeting. Mr. Ribble moved approval as amended, seconded by Mr. Boesch, called and 6(B) FIRST READING AND PUBLIC: HEARING- ORDINANCE 15-04  Minutes and March 20, 2015 Workshop Minutes  carried unanimously.  An Ordinance of the Village Council of the Village of Estero, Florida Amending Section 3-2(2)(B) of Ordinance 15-01 to Change Qualifications for Membership of the Design Review Board; Providing a Severability Clause; and Providing an  Effective Date  MINUTES FOR VILLAGE OFI ESTERO 5/15/2015 REGULAR MEETING--    2  Vice-Mayor Levitan moved the amendment to a second reading on May 20, 2015, seconded by Mr. Ribble. The Vice-Mayor explained the purpose oft the amendment; reported that a Fort Myers architect might be able to: fill one vacancy; and stated that the Planning and Zoning Board would review the amendment before the second reading. The Mayor called for public comment, and no one came forward to speak. The motion was called and carried 6(C) RESOLUTION- A Resolution Adopting the 2014-15 Village of] Estero Budget Mayor Batos noted aj possible misunderstanding about numbers presented at the last meeting as they related to projections made during the incorporation process. Interim Village Manager Peter Lombardi explained the rationale: for adopting a 2014-15 budget; reviewed the numbers for estimated revenues, expenses, and surplus; and pointed out that the budget was based on feasibility studies and cash flow projections done by Mr. Lienesch for the Estero Council of Community Leaders (ECCL). Referring to a copy oft the "Cash Flow Projections" (copy on file), he clarified that the total ofthe revenue and expenditure estimates for the months of April through September equal the budget amounts of $1,002,320 and $944,030, respectively. Council discussion followed regarding shortcomings oft the feasibility studies and unknown costs for several expense categories. Mr. Lombardi reviewed the figures from the "Budget Report as of April 30, 2015" (copy on file) and emphasized that the monthly report would reflect actual revenues and expenses for the period. Responding to questions from Vice-Mayor Levitan, Village Attorney Burt Saunders clarified that Section 12(4) ofthe Village Charter did not preclude the Council from borrowing money ifal budget was adopted. The Vice-Mayor requested an addition to the Resolution ofa document (Attachment "A") showing the monthly figures that correspond to the gross totals. Interim Finance Director Lisa Pace responded to questions from Council regarding projections for the various Revenue categories, especially Franchise Fees. Additional Council discussion followed regarding communication service taxes, franchise fees, and the tourist "bed tax". The Mayor called for public comment, and the  unanimously via roll-call vote.  following individual came forward:  Stoneybrook resident, Chris Patricca -1 possible State cuts in communication  taxes  Ms. Errington moved approval oft the Resolution with the addition of Attachment "A",  seconded by Mr. Ribble, called and carried unanimously.  RESOLUTION NO. 2015-27  6(D) DISCUSSION- County Interlocal Agreement for Municipal Services Interim Village Manager Peter Lombardi presented a document entitled "Lee County Proposal to Provide Services to Village of Estero FY15-16" (copy on file); and noted that Estero allocations were based on a population of 8.2% of the Municipal Services Taxing Unit (MSTU), with total charges of $3,730,136. Council discussion followed regarding actual costs and revenues for FY2014-15, charges for services not requested or provided, and excessive charges for specific services. The Mayor called for public comment, and no one came forward: He then asked whether a liaison from the Council and/or Village Attorney Saunders should join in negotiations which currently involve only Mr. Lombardi and a County Finance person. Additional discussion ensued regarding services that the Village might take over, the split between General Fund and MSTU costs, and possible participation by the County Attorney. Vice-Mayor Levitan moved that Mayor Batos and Attorney Saunders be delegated to be part ofn negotiations, and report back to the Council at a Workshop, seconded by Mr. Brown. After Mayor Batos suggested, and Council agreed, that the term negotiations" be amended to fact-finding", the motion was called and carried  unanimously.  -MINUTES FOR VILLAGE OFI ESTERO 5/15/2015 REGULAR MEETING--    3  6(E) DISCUSSION: - Proposed County Interlocal Agreement for Gas Tax Sharing Interim Village Manager. Peterl Lombardi presented a draft Interlocal Agreement from Lee County (copy on file). After Village Attorney Burt Saunders confirmed that hel had found no issues with the document, Mr. Lombardi noted that the latest estimate received from the County was $400,000 per 12-month year. Discussion followed regarding potential responsibilities oft the Village, differences between local and through roads, calculation of centerline miles, available options ift the agreement is not signed by June 1, and whether the agreement should be only for one year. There was consensus that Mayor Batos, Attorney Saunders and Mr. Lombardi will meet with County staff to obtain additional information in 6(F) DISCUSSION - Appointment ofLiaison for Florida League of Cities, (FLC) Mayor Batos reported receipt of an invitation for a Council liaison to attend ai meeting oft the FLC on May 21, and nominated Mr. Ribble as the liaison. There were no objections to the  time for additional action at the meeting on May 20.  SW Chapter  appointment.  6(G) RESOLUTION - Village Clerk  Interim Village Manager Peter Lombardi requested approval of ai resolution consenting to the appointment of Kathy M. Hall MMC as Village Clerk; and noted that Ms. Hall would begin employment on. June 1. Mr. Wilson moved approval, seconded by Ms. Errington. Mr. Lombardi briefly reviewed Ms. Hall's qualifications and experience; responded to Council members' questions; and noted that the salary would be $80,000 annually. Council discussion ensued regarding benefits and office space. The Mayor called for public comment, and no one came: forward to speak. The motion was called and carried  unanimously  RESOLUTION NO. 2015-28 Community Development  6(H) DISCUSSION - Update on discussions with the County Department of Mayor Batos noted that Vice-Mayor Levitan was Council Liaison to Lee County on Community Development/Land Use Issues, and that the County has requested something in writing as to what the Council wants them to do about Administrative items on which there is a difference of opinion. He requested authorization to notify the County ofl Mr. Levitan's status as liaison, and there were no objections. Vice-Mayor Levitan commented that the first full: meeting oft the Planning and Zoning Board (PZB) was scheduled for next week; and noted that the PZB: is waiting for the County staffi report on one agenda item. He added that he was meeting with PZB Chair Roger Strelow and Interim Village Manager Peter Lombardi to develop a plan to deal with requests received for public information meetings. After pointing out that the Village is paying for County staff to provide the necessary reports, he requested authorization to explore costs and services available from third party contractors. Following brief discussion of reasons for delays in County response, there was  consensus to authorize the fact-finding. PUBLICINPUT ON NON-AGENDA ITEMS The Mayor called for public input; and no one came forward:  -MINUTES FOR VILLAGE OF ESTERO5/152015. REGULAR MEETING---    COUNCIL/MANAGERATTORNEY COMMUNICATIONS AND FUTURE  AGENDA ITEMS Council Members' Comments:  Ms. Errington expressed concern about a lack ofinformation regarding Healthcare Village. Mr. Brown, Council liaison for Lee Memorial Health System (LMHS), responded that he planned to report at the Workshop meeting; and that LMHS is committed to come to the area Vice-Mayor Levitan asked to reserve time during the Workshop meeting to discuss two Mr. Boesch noted an upcoming issue with the opening ofai new Wal-Mart and sidewalks, which should be addressed once a decision is reached concerning responsibility for Estero Mr. Wilson reported that Estero residents had actually been given a tax reduction because Mayor Batos asked whether Interim Village Manager Peter Lombardi had information to provide regarding the mechanics for the search for the permanent Manager, and Mr. Lombardi responded that it would be available for next week's agenda. The item dealing with aj process for acquiring future facilities will also be moved to next week.  and grateful for the community support. important land use issues outside of Estero.  Parkway.  the Council had elected not to collect the All Hazards Tax.  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 12:09 pm.  ATTEST:  VILLAGEOFE By:  By: Kachpu Kathy Hall, MMC Village Clerk  R  Nicholas Batos Mayor  -MINUTES FOR VILLAGE OFI ESTEROS 5/15/2015 REGULAR MEETING--    VILLAGE COUNCIL WORKSHOP MEETING OF MAY 15,2015 The Village of] Estero Council Workshop 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, District 2 Bill Ribble - District1 Donald Brown - District 3 Katy Errington -] District 4 Jim Boesch- - District 5 Jim Wilson - District 7  The Mayor called the meeting to order at 1:33 pm, followed by the Pledge of Allegiance to the flag.  ROLLCALL  Interim Village Manager Peter Lombardi called the roll; all members were present.  APPROVAL OF AGENDA COUNCIL BUSINESS  Ms. Errington moved approval, seconded by Mr. Brown, called and carried unanimously.  MAYOR BATOS. ANNOUNCED THATI ITEMS 5(E). AND 5(F) WOULD BEI DISCUSSED SIMULTANEOUSLY BEFORE THE OTHER ITEMS ON' THE AGENDA. 5(A) DISCUSSION - Ordinance Establishing Purchasing Procedures  Interim Village Manager Peter Lombardi noted that the draft ordinance was similar to that used in Pinecrest. Village Attorney Burt Saunders mentioned that he would be working with Mr. Lombardi on some changes; and Mayor Batos suggested some general benchmarks for activating portions ofthe procedures. Council discussion followed regarding non-applicability oft the Consultants Competitive Negotiation Guide, purchase amount limits, and the requirement for competitive bids. The. Mayor called for public comment, and no one came forward. There was consensus that the draft ordinance would be 5(B) DISCUSSION- Ordinance Regarding Local Communications Services Tax  presented for first public hearing at the May 20 Council Meeting.  Interim Village Manager Peterl Lombardi explained that the ordinance must be adopted and rates set before the revenue could be received from the state, and suggested that the rate be set at the current County rate of 3.61%, less than the allowable maximum of5.22%. Discussion followed regarding the effective date of January 1,2016; the receipt ofs some funds retroactive to incorporation; the estimated annual amount of $518,000; and methods for dealing with possible state tax reductions. The Mayor called for public comment, and no one came forward. There was consensus that the draft ordinance would be presented for 5(C) DISCUSSION- - Ordinance Regarding Non-Exclusive Franchise to Florida Power & Light Interim Village Manager Peter] Lombardi explained that the rate ini the current Lee County franchise agreement with FPL is 4.5%, recommended that the Village negotiate an agreement with the same rate, and stated that noi revenue estimate was available at this time. Discussion followed regarding the effective date and duration of the agreement, clarification oft the need for control of the roads, and neighborhood concerns  first public hearing at the May 20 Council Meeting.  (FPL)  --MINUTES FOR VILLAGE OF ESTERO: 5/15/2015 WORKSHOP MEETING--    2  about trees near the FPL easements. There was consensus that Village Attorney Burt Saunders would provide answers to some of the questions at the May 20 Council Meeting. The Mayor called for public 5(D) DISCUSSION- Ordinance Regarding Non-Exclusive Franchise to People's Gas System Interim Village Manager. Peter Lombardi stated that this item was similar to the previously discussed agreement with FPL, and clarified that cable and telephone franchises were included ini the communications tax. He stated that Lee County hasi no gas franchise agreement, and that the Bonita Springs rate is 5%. Discussion took place regarding the potential increased costs to Estero residents, the reasons that Lee County has no agreement, and rates in other local communities. Mayor Batos suggested that he could bring this up at ai meeting next week with other mayors. There was consensus that more information would be provided at next week's meeting regarding the number of residents involved, potential costs to them, and potential revenue for the Village. Village Finance Director Lisa Pace explained that it would be difficult to get records from PGS as they do not have to disclose records, and suggested "borrowing" invoices from gas customers for use in calculating costs. Additional discussion ensued about alternate methods for estimating costs, the Bonita Springs agreement, the differences between aj public services tax and a franchise tax, and whether the revenue was needed. The Mayor called for public comment, and no one came forward. 5(E) DISCUSSION - Resolution of Intent for Village ofl Estero's Participation in thel National Interim Village Manager Peter Lombardi introduced Josh Overmyer, area representative of the Florida Division of] Emergency Management. Mr. Overmyer described the purpose of the Division's Community Rating System Initiative (CRSI), explained the "point" system that determines premium reductions fora given area, and noted that the two requirements for enrollment ini thel National Flood Insurance Program (NFIP) were adoption ofal local flood damage prevention ordinance and submittal ofa a copy oft the community boundaries. In response to questions from the Council, he explained that the Village'si initial scoring would include credit for County activities; and described factors that could improve the rating. Mr. Lombardi clarified that the required ordinance was inj place because the Village had adopted Lee County Ordinances at incorporation; and that the cost of updated flood maps was included int the proposed interlocal agreement. Discussion followed regarding possible Bert Harris lawsuits, pending legislation that precludes such lawsuits, time required to review the application, rate policies ofinsurance companies, and unrelated insurance surcharges. After Mr. Overmyer reviewed specific activities that could help achieve a higher rating, further discussion occurred regarding the role ofa "coordinator" and the ordinance requirement. The Mayor called for public comment, and no one came: forward: Mr. Lombardi confirmed 5(F) DISCUSSION- - Interlocal Agreement with Lee County Regarding Enforcement of] Floodplain ITEMS 5(E). AND 5(F) WERE. DISCUSSED SIMULTANEOUSLY. SEE DISCUSSION ABOVE. 5(G) DISCUSSION - Ordinance Establishing Uniform Travel and Expense Reimbursement Interim Village Manager Peter Lombardi noted that the draft was a copy ofthe Marco Island ordinance. Discussion followed: regarding reimbursement for non-mandatory conferences, the rationale for Village Manager approval, possible reimbursement for supplies, the importance of! having aj policy in place for Council members and staff, limits on number of attendees at a single conference, gratuity and meal allowances, the definition of "local travel", reimbursement approval for the Village Manager, possible reimbursement for Planning and Zoning/Design Review Board members, and al budget line item in next year's budget. The Mayor called for public comment, and no one came forward. There was consensus that  comment, and no one came forward.  (PGS), a Division ofTampa Electric  Flood Insurance Program  ITEMS 5(E). AND: 5(F) WERE DISCUSSED SIMULTANEOUSLY  that a resolution would bej presented at the May 20 Council Meeting.  Management Regulations  Procedures  arevised draft ordinance would be presented at the May 20 Council Meeting.  -MINUTES FOR VILLAGE OFI ESTERO 5/15/2015 WORKSHOP MEETING--    3  5(H) DISCUSSION - Resolution Establishing Public Records Fees  Interim Village Manager Peter Lombardi pointed out that the state public records laws allow fori reasonable per copy and hourly charges to provide records requested. Discussion ensued regarding reasonable fees and record requests from Council members. The Mayor called for public comment, and the following Following discussion, there was consensus to consider the resolution at the May 20 Council Meeting. Mayor Batos commented that any committees should be self-sustaining and that the Council would appoint liaisons. Discussion topics included a' Transportation committee, limitations in stafftime and meeting facilities, the need for mission statements, possible duplication ofefforts, the desire for citizen involvement, applicability of Sunshine Laws, a committee for Old Historic Estero, and possibilities for creating independent committees. Village Attorney Burt Saunders responded to questions and provided information throughout the discussion. Vice-Mayor) Levitan stated that Council members who felt a formal advisory committee was needed should bring it back to the Council with a specific mission statement and proposal.  individual came forward:  Maryann Batlle - Naples Daily News - Calculation ofl hourly rates  5(1) DISCUSSION - Discussion Regarding Citizen Advisory Committees  The Mayor called for public comment, and the following individuals came forward:  Don Eslick Estero Council of CommunityLeaders (ECCL) - Opposed to creation ofa ad hoc Old Estero resident, Patty Whitehead- - Possibility that presence of appointed Board  committees on subjects of concern to ECCL membership  members at discussions of ad hoc committees might jeopardize official responsibilities  Vice-MayorLevitan responded, and Attorney Saunders agreed, that Board members could listen and ask questions but could not take aj position on issues that might come before a quasi-judicial board. There was consensus that Council members would submit committee requests as suggested, to be brought before  Council as soon as possible  5(J) DISCUSSION - Village of] Estero Employment Policy Manual  Interim Village Manager Peterl Lombardi commented that al Manual was nearly complete, and that it would bei reviewed by Village Attorney Saunders before being brought back to a Workshop Meeting. The Mayor  called forj public comment, and no one came forward: PUBLICINPUT ON NON-AGENDA ITEMS The Mayor called for public input, and no one came forward:  COUNCILMANAGERATTORNEY COMMUNICATIONSAND FUTURE AGENDA ITEMS Mr. Ribble - Mentioned most Council members had attended the Economic Development Summit, expressed concern about employer statements regarding a shortfall oft talent for hiring locally, and suggested aj process of matching employer needs with student education. Mr. Boesch mentioned that local  Council Members' Comments:  colleges already have that information.  Mr. Levitan - Reported on two local developments - Wild Blue and Corkscrew Farms  He explained his opinion that ai new Land Use category created by Lee County poses a serious threat to the Density Redluction/Groundwater Resource (DR/GR), remarked that local environmental groups were not taking a stand, and urged Council members to learn about the issue and appear before the County Commissioners. Following discussion, Mr. Levitan pointed out that the developers were giving concessions to organizations that might otherwise oppose the projects. Don Eslick of the Estero Council of Community Leaders (ECCL) suggested that the Council and ECCL should pass resolutions, then try to get support from environmental groups. There was consensus that ai resolution should be drafted for approval within the next two weeks. Old Estero resident Patty Whitehead noted that the Responsible Growth  -MINUTES FOR VILLAGE OFI ESTERO. 5/15/2015 WORKSHOP MEETING---    4  Management Coalition was opposed to Corkscrew Farms, which would be located over several important  aquifers.  illage Attorney's Comments:  Village Attorney Burt Saunders reported that a planned meeting with Assistant County Manager Pete Winton had been changed to 11:00 am on Tuesday morning. At Mayor Batos' request, Vice-Mayor  Levitan agreed to attend with Attorney Saunders. Interim Village Manager's Comments:  Interim Village Manager. Peter Lombardi had no comment.  ADJOURN  The Mayor adjourned the meeting at 4:09 pm.  ATTEST:  VILLAGE OF ESTERO,LORIDA  By: Kathpusl Kathy Hall, MMC Village Clerk  By:  C - 555  Nicholas Batos Mayor  -MINUTES FOR VILLAGE OFI ESTERO5/152015 WORKSHOP MEETING--