ESTERO COMMUNITY PLANNING PANEL

Minutes of Public Meeting #129 – May 16, 2011

Estero Community Park, Estero, Florida

Panel Members Present:  Jack Lienesch, Chairman,  Estero Civic Association; John Goodrich, ECCL; Neal Noethlich, Emeritus Chairman; Erik Dickens, ECCL; Jeff Maas, Estero Chamber of Commerce; Greg Toth, Founding Member; Dan DeLisi, development community, Bill Brown, Recording Secretary, ECCL,  and Treasurer, Bev MacNellis, ECCL. Absent: Ned Dewhirst, Estero development community

Public Notice:   Brown reported that there was a news story in the News-Press and the meeting notice appeared in the  Naples Daily News Calendar ,  and Esterofl.org websites. The notice was posted at the South County Regional Library, Realty World of Estero, the BB&T and Fifth Third Banks.

Approval of Minutes:   Brown distributed minutes of the April 18th meeting.  Goodrich:  Motion to accept the minutes:  Maas Seconded.  Accepted unanimously. 

Treasurer’s Report: Treasurer MacNellis reported a balance of   $1857.67 as of April 31, 2011. Report accepted.

Presentations:  

Northpoint DRI Notice of Proposed Change to extend build-out dates – Charles Basinait. Northpoint is on the east side of US 41 between Williams Road and the Corkscrew Village Shopping Center.  They propose to extend their build-out date from December 2010 to December 2016.  No panel members had any objection and Lienesch announced that the minutes will show that the Panel supports the proposal.

Update on rezoning of the Estero United Methodist Church - Dave McKee reported that the property north of Lord’s Way can be combined with the property south of Lord’s Way into one master concept plan which he presented to the panel.  An annex to the thrift shop is proposed across from the old post office on Broadway.  The Florida DOT was unwilling to add a right turn lane to the planned widening of US41, but Lee DOT suggested that the Church save an extra ten feet for the addition of a turn lane should one be eventually required.  Toth said he believed the turn lane would be needed.   Rusty Efferdink , who restored the Soto house at the corner of Broadway and Highlands, pointed out that Broadway would not be able to handle the additional traffic and noted that southbound traffic leaving the church would drive to Highland and Broadway to get to the light.  DeLisi and Toth agreed and suggested the Church allow space for an additional lane on Broadway for future left turns onto US 41 Southbound.   Lienesch said the minutes will reflect that the Panel is in agreement with revised plan, but has concerns about the Broadway traffic situation.

Coconut Point Mall Noise Control Proposal – Matt Uhle said once the governor signs pending legislation it will extend the DRI build-out date by four years, so the first item from April could be ignored.  He presented an eight-point Noise Control Proposal revised from that presented at our April meeting:

1.  Simon will send a letter to every owner of record within 2,500 feet of the boundaries of the regional mall parcel.  The letter will include a phone number for people to call in the event they are disturbed by outdoor entertainment at the mall.

2.  A security person will be available to answer the phone at all times and will be authorized to investigate all complaints.

3.  If the security person determines that the establishment in question has violated the hours of operation or the terms of its noise abatement plan, he will order the outdoor entertainment to cease.

4.  All business establishments in Coconut Point which wish to have ongoing or regular outdoor entertainment will provide a noise abatement plan to Simon which addresses hours of operation and methods by which noise will be limited to a conversational level at the regional mall boundary line.  Each plan must be approved by Simon, must be kept on the site, and will be provided to the County and to the ECPP upon request.

5.  Repeated violations of the noise plan will result in enforcement action by Simon, which will include a prohibition against further outdoor entertainment.

6.  Records regarding violations will be kept by Simon at the mall office and will be provided to the County and the ECPP on request.

7.  All outdoor entertainment plans will require the activity to cease by 11:30 PM unless the business establishment applies for and receives permission to operate later through the County public hearing process.

8.  These requirements will be included in any County approval authorizing outdoor entertainment.

Lienesch read emails from two individuals with concerns. One was from Ingrid Walsh, who lives west of the mall, across U.S. 41 in Fountain Lakes. She said she's glad to see the mall's plan but feels the 11:30 PM cutoff is too late.  She said she plans to call the mall and the police to complain every night.  The other email was from Jim Bridenbaugh who called mall manager Jamie Grofik on two nights in May to complain about noise.  He said he doesn't think the mall's enforcement is effective.  Jamie Grofik stated they have had only two calls since the policy was implemented:  both were from Mr. Bridenbaugh and, in the first instance, they were not able to locate the source of the noise.  Two residents spoke in support of the music. "People are dancing and having a good time," said Lena Boles, who lives across U.S. 41 in Marsh Landing.  Jackie Forker, who lives off River Ranch Road, said she enjoys hearing the music from her lanai. Noethlich suggested that the Mall make quarterly reports to the Panel, but DeLisi and Toth took the position that such an approach wasn’t warranted when there were so few complaints.  Dickens pointed out that hundreds had signed a petition supporting music and only one person had complained.  He also indicated that a survey of the Brooks communities on the West side failed to turn up any other complaints.  Lienesch concluded that the minutes will reflect the Panel’s support of the eight point control proposal presented by Mr. Uhle.

ECPP: Uptown Larry’s attorney emailed Lienesch that the State has withdrawn its complaint since the State audit was not conducted properly.  Hence the HEX hearing on the 18th will be a continuance only.

The revised Work Plan for our update to the community plan was presented by DeLisi.  He suggested that any consultant hired for these tasks should report directly to the Panel rather than to the County.

Old Florida Overlay. Noethlich reported that he had met with the EDRC on developing an Old Florida Overlay for the area from Broadway to Corkscrew and US 41 to Sandy Lane.

Signage. Noethlich distributed to the Panel a memo he had prepared on Matt Uhle’s proposal for an electronic changing message center sign at Coconut Point along US 41.  Toth said it made no sense to give permission to request such a sign when it was clearly contrary to the Estero Plan.  Lienesch noted that this issue will be part of our LDC Chapter 33.update activities on signage.

Panel was adjourned at 7:25 PM

NEXT REGULAR MEETING:  June 20th, 6:00 PM, Estero Community Park