Estero Council of Community Leaders

Minutes of the Regular Monthly Meeting

August 23, 2004

Minutes

This meeting of the Estero Council of Community Leaders (the Council) was called to replace the meeting originally scheduled for August 13, 2004, which was postponed because of the passage of Hurricane Charley.

Chairman Eslick called the meeting to order at 2:10 p.m. at the Marsh Landing clubhouse.

ECCL Organizational Matters

The Chairman then opened a discussion of the need to incorporate the Council as a not-for-profit corporation under the laws of the State of Florida, and to apply for recognition by the Internal Revenue Service as a 501(c)(4) corporation.

On the Chairman’s invitation, Mr. James Fraser described the properties of a 501(c)(3) and a 501(c)(4) corporation and the distinction between them. A 501(c)(3) corporation, the form most commonly used by charitable organizations, is allowed to receive donations that are tax-deductible to the donor, but it is prohibited from lobbying or engaging in any other acts intended to influence legislation or regulatory action. A 501(c)(4) organization, in contrast, may lobby legislative or regulatory bodies, but donations or grants to it are not tax-deductible to the donor or grantor.

Recognizing that lobbying or influencing legislative and regulatory bodies is one of the primary purposes for which the Council was formed, the 501(c)(4) form of organization is the most appropriate. The Council may choose to form a 501(c)(3) affiliate later to receive tax-deductible donations, but the immediate need is for an organization that can accept government grants, where tax-deductibility is not an issue.

At that point, these two resolutions were introduced:

Resolved, That the members of the Estero Council of Community Leaders desiring to incorporate the organization hereby authorize, for that purpose, the filing of the attached Articles of Incorporation for a Not-for-Profit Corporation under the laws of the State of Florida.

Resolved, That James S. Fraser is authorized to files such Articles on behalf of the organization and pay such filing fees as are legally required for that purpose and will be reimbursed for such fees.

Both resolutions were passed unanimously.

The Chairman then proposed this initial slate of officers for the corporation:

Chairman: Donald Eslick
Vice Chairman: Bob Perry
Vice Chariman:
Treasurer: Frann Wagner
Secretary: Richard J. Steele

The slate was elected unanimously.

Council Name

Discussion then turned to the question of what the Council’s name should be. Some members said that the existing name is somewhat incorrect, because the Council also includes representatives from organizations other than communities, such as the Estero Chamber of Commerce and the Estero Fire Rescue Department. These members suggested, as alternative possibilities, Estero Council of Community Organizations or Estero Council of Community Representatives. The discussion concluded with a substantial majority favoring the existing name, Estero Council of Community Leaders.

Estero Parkway Wal-Mart

The current status of negotiations and hearings concerning the Wal-Mart superstore at the corner of US41 and Estero Parkway was discussed by Bob Perry of The Vines and Chairman of the Estero Parkway Wal-Mart Committee. The negotiations have been largely successful, with Wal-Mart making nearly all the concessions requested by the Council’s committee. The principal unresolved issues focus on the adequacy of US41 to handle the resulting traffic. Widening of the segment adjacent to the Wal-Mart site is presently budgeted for the State’s 2008-2009 fiscal year. The Lee County planning staff has recommended denial of the development order until US41 in this area is widened to six lanes.

The Council’s position is to support the rezoning if the store opening is deferred until the widening of US41 is started. This, the Council believes, will give Wal-Mart a strong incentive to cooperate in funding this road project. Wal-Mart has given the Council a written commitment for $1 million to be used to pay the interest on a loan to accelerate the State’s budgeted funds by two years.

A motion in support of this position was approved with the Estero Chamber of Commerce and a few Cascades residents dissenting.

A hearing on the Rezoning will be held on Friday, August 27, 2004. Supportive Council members are urged to attend.