ESTERO COMMUNITY PLANNING PANEL
Minutes of Public Meeting #129 –
May 16, 2011
Estero Community Park, Estero,
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
Approval of Minutes: Brown
distributed minutes of the April 18th meeting. Goodrich:
Motion to accept the minutes: Maas Seconded. Accepted
Treasurer’s Report: Treasurer
MacNellis reported a balance of $1857.67 as of April 31, 2011.
DRI Notice of Proposed Change to extend build-out dates – Charles
Basinait. Northpoint is on the east side of US 41 between Williams Road
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
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
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.
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