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05/10/1983 Minutes Naples, Florida , May 10, 1983 LET IT BE REMEMBERED, that the Parks & Recreation Advisory Board met on this date at 9: 00 A.M. in Building "F" of the Courthouse Complex, East Naples, Florida , with the following members present : CHAIRMAN: Vince Murphy Glen Tucker Hank Caballero Dan Monaco ABSENT: Anne Goodnight ALSO PRESENT: Maureen Kenyon, Deputy Clerk; Rollie Rice , Parks & Recreation Director; Don Norton, Public Services Administrator ; and Pat Carroll , Engineer . AGENDA I. Call to Order II. Approval of April 22, 1983, meeting III. Addenda IV. Old Business A. Status report on land acquisition and park site selection - Pat Carroll B. Petition From Sunshine Shufflers V. New Business A. Introduction of architect/engineer firm 1. Input from each member for facilities for community parks VI. Discussion of Addenda VII. Adjournment Page 1 PARKS AND RECREATION ADVISORY BOARD May 10, 1983 DISCUSSION RE NEEDS OF ARCHITECT/ENGINEER FIRM Mr . Tom Peek of `Nilson , Miller , Barton , Soli & Peek , Inc . stated that what he needs from each chairman of the sub-committee is a "wish" list indicating that is wanted in each community park. He noted that each community park will have a master plan developed which will be adopted . He reported that once all the needs for the parks have been indicated on a list , a master plan showing what the entire park will have for facilities will be developed. He noted that there may be variations from one community park to another , noting that some parks may want five or six ballfields while others may only want one . He also noted that in the construction of said parks , all material will be the same , adding that if there are going to be benches installed in all parks , they will all be the same which would mean that they could be obtained at a better price than if each park had its own style of benches. He also noted that the maintenance and storage would be cut to a minimal , adding that whether one bench broke or 10, the parts would be the same which would mean a lesser need for storage or excess parts on hand. He stated that it is very important to make these community parks cost effective . In answer to Mr. Murphy' s question, Mr. Peek stated that actual construction of the parks will take 12 to 18 months . Mr. Monaco and Mr . Caballero indicated that they have Page 2 PARKS AND RECREATION ADVISORY BOARD May 10, 1983 their lists available for their community park . Mr . Tucker noted that he has been talking with Deltona Corporation regarding the land on Marco Island for the community park , adding that when legal matters have been taken care of with the County, part of the site would be ready for construction with the rest being acquired by the end of 1984. DISCUSSION RE STATUS REPORT ON LAND ACQUISITION FOR NORTH NAPLES COMMUNITY PARK Pat Carroll , Engineer presented the members with a report regarding the North Naples Community Park site , indicating the report was compiled by taking into consideration compatibility, location , access , and other items . She indicated that there were fourteen sites available within North Naples and after a process of elimination based on the findings within the report , the number one site selected at this time is site 48 and a portion of i9. She noted that she has to have the approval of the committee regarding this site , in order to bring the matter back to the BCC. She noted that if site 48 and a portion of site ua is approved by the committee , the Board could give approval for negotiations to begin with the property owners , adding that she would hope that by the end of August the land could be purchased . Page 3 PARKS AND RECREATION ADVISORY BOARD May 10, 1983 Mr. Monaco indicated that he would give his approval for site #R and a portion of site #9, adding that he has spoken with some of his committee members regarding the site. He stated that he would contact the rest of the committee members and report back to Ms. Carroll regarding the matter . DISCUSSION REGARDING SUNSHINE SHUFFLERS Mr. Murphy indicated that County Manager Norman presented him with a petition from the Sunshine Shufflers regarding a community center building. He noted that the Sunshine Shufflers had appeared before this Board about three months ago , noting that County Manager Norman is not aware of this. He stated that he has a letter that he would like the members to sign which will be sent to Mr. Norman regarding the matter . ADJOURNMENT There being no further business to come before the Parks & Recreation Advisory Board , the meeting was adjourned by Order of the Chair - 10: 30 A.M. PARKS & RECREATION ADVISORY BOARD Vince Murphy, Chairman Page 4 RHODES & TUCKER ATTORNEYS 1000 NORTH COLLIER BOULEVARD HERITAGE SQUARE, SUITE 18 DONALD W. RHODES MARCO ISLAND, FLORIDA 33937 AREA CODE P. 0. BOX 1146 46 813 E. GLENN TUCKER 394-5151 July 7, 1983 Mary Frances Kruse Chairman Collier County Commission Collier County Courthouse Naples , FL 33942 Re: Beach Access - Conners Vanderbilt Beach Estates Dear Commissioner Kruse: I note that the matter of beach access relative to the three easements opposite Seabreeze Avenue, Channel Drive, and Bay View Avenue in Conners Vanderbilt Beach Estates is again on the County Commission Agenda. I will not take up your time with reiterating all the materials which I have provided to you in the past. I think that the Vanderbilt Beach Property Owners Association and the affected property owners have made their position clear through various correspondence which we have for- warded to you in the past. I respectfully and urgently request that you review those materials before taking any further action with respect to these easements . I might add at this time, that it is difficult to understand, both as an advocate and as an affected taxpayer, why the County Commission, the Parks and Recreation Department and the County Attorney 's Office must devote such an extraordinary amount of time to these three small easements . Even if the position that these are public accesses which are open to the public and may be advertised as such is correct, the affect on beach access for Collier County will be minimal, even if noticeable. There is no room for parking in these areas; the County has given away sub- stantial beach access just north of this property a couple of years ago to a condominium developer; this subdivision was platted many years ago with deed restrictions precluding a public beach in this area; the rights of private property owners will be substan- tially affected because there is no adequate parking or support facility for the use of these accesses . In respect of the foregoing, I urgently request that you discontinue • Mary Frances Kruse July 7 , 1983 Chairman Page 2 the pursuit of this issue and the expenditure of substantial time and money where even if you are successful you will have little or no effect on the beach situation. As in the past, I thank you for your consideration of the position of the property owners and the Property Owners Association. Sincerely, E. Glenn Tucker EGT:cas pc: Frederick Voss John Pistor David Brown C .C. "Red" Holland Burt Saunders , County Attorney Bruce Anderson, Assistant County Attorney Evelyn Lawmaster, President Vanderbilt Beach Property Owners Association Rollie Rice, County Parks Director RHODES & TUCKER ATTORNEYS - 1000 NORTH COLLIER BOULEVARD • HERITAGE SQUARE, SUITE 18 DONALD W. RHODES MARCO ISLAND, FLORIDA 33937 P. O. BOX 1146 AREA CODE 813 E. GLENN TUCKER . 394-5 151 April 13 , 1983 • Mr. Frederick Voss County Commissioner Collier County Courthouse E. Naples, Florida 33942 Dear Mr. Voss: It is my understanding that the question of beach access is again coming under consideration by the County Commission. I am forwarding for your information copies of letters which I have previously written --to your predecessors and respectfully request that you consider the material con- tained in these letters prior to making any decision concerning the various access points. For emphasis, may I please reiterate that the three access points which I discuss in my letters are private property and are not the property of Collier County: I might further ob- serve that any attempt to recategorize these private easements as "public access" would be a serious infringement on the property rights of the owners' of single-family residences in the residen- tial section of Vanderbilt Beach Estates. There are adequate means with which to provide beach access to the public of Collier County without infringing on these private property rights. As in the past, I sincerely thank you for your attention to these comments. I am forwarding a copy of this letter to Burt Saunders and Rollie Rice for their convenience. Please be advised that as a member of the Parks and Recreation Advisory Board, I will abstain from participation in .any decision or recommendations relating to the issue of beach access as it may affect the three private easements. Sincerely, 0 () 1vti� 1 l,L c f L' " EGT/at E. Glenn Tucker Enclosures cc: Mr. Burt Saunders, County Attorney - w/enc. Mr. Rollie Rice, County Parks Director - w/enc. Ms. Evelyne Lawmaster, President, Vanderbilt Beach Property Owners Association - w/ enc. Mr. John Pistor - w/o encl. Mr. David Brown - w/o encl. Chairman Mary Frances Kruse - w/o encl. 4 A RHODES & TUCKER ATTORNEYS 1000 NORTH COLLIER BOULEVARD HERITAGE SQUARE, SUITE la DONALD W. RHODES MARCO ISLAND, FLORIDA 33937 P. O. BOX 1146 CE. GLENN TUCKER AREA CODE a13 394-5151 August 11, 1982 Board 'of County Commissioners • Collier County Courthouse East Naples, Florida 33942 Re: Collier County Beach Access Study Dear Commissioners: Thank you on behalf of the Vanderbilt Beach Property Owners ' Association for allowing us to be heard at the work- shop in July 14 , 1982. We understand that we have an opportunity _ to express our opinions before, but feel that it is necessary . to point out several flaws that we feel appear in the Collier County Beach. Access Study of July, 1982 . In addition to the matters previously raised concerning the legal status of Vanderbilt Beach, we note the following: IL: . 1. On page 6 of the Study, there is an erroneous statement in Paragraph D (.2) that sites "were obtained by the county" and were "granted to the county. " It is the Property Owners' Association' s position that this is an incorrect statement, that these are easements over private property for the use of local residents. 2. There is a reference on page 38 to obtaining ease- ments "similar to the Vanderbilt Beach easement" , declaring that the Vanderbilt Beach easement is for general public use or that it would be legal to attempt to eliminate it for that purpose. I enclose for your further consideration copies of my letters of December 4 , 1980 to' Donald Pickworth and to the then Board of County Commissioners in support of the position of the property owners in the Vanderbilt Beach area. t Thank you for your consideration and attention to the position of these residents . . Sincerely, EGT/at E. Glenn Tucker Enclosures cc: Dr. W. S . Wilde James Allen Evelyne Lawmaster RIIUUES 84 TUCKER • Al tr)IlNEVS - • 1000 NORTH COl t IER BOULEVARD HERITACC SQUARE. SUITE 18 DONALD W. RHODES MARCO ISLAND. FLORIDA 33937 P. D. BOY. 1146 E. GLENN 'TUCKER _AREA CODE 813 • 394.5151 BRENDA COKER r • • December 4 , 1980 Mr . Donald Pickworth . County Attorney County Government Complex Naples, FL 33942 Re : Beach access - Conners Vanderbilt Beach Estates Dear Mr. Pickworth: This letter will serve to reduce to writing previous conversations we have had concerning the above captioned matter . As I informed you, I represent the Vanderbilt Beach Property Owners ' Association as well as a number of individuals who are concerned about the above captioned subject matter. It is the understanding of the Owners ' Association that a committee appointed by the County Commission and the County Commission are considering the matter of expanding or improving beach access at a number of-points along the gulf including the area known as the re- subdivision of part of Conners Vanderbilt Beach Estates , Unit 1 , according to Plat Book 3, Pages 8 and 9 , Public Records of Collier County, Florida . In particular, there is concern about easements designated on the s aforementioned Plat as "easement for public walkway" which lie between Lots 32 and 33; Lots 36 and 37 ; and Lots 40 and 41 in the aforementioned Plat . These three easements lie opposite Bayview Avenue, Channel Drive and Seabreeze Avenue respectively, and the only reference to them is on the aforementioned Plat in the afore- said manner. It is the position of the property owners that the easements are just that and are not dedicated right of ways . In other words , the adjacent property owners cannot object to the public having the right to traverse the easement, but the property lying under the easement is private property and cannot be improved or altered unless it is in such a condition as to preclude the right of access . Further, it is the understanding of the owners that the has been some discussion concerning the creation of parking along Gulf Shore Drive, adjacent to the easements , for the purpose of convenience -more- • Page 2 . December 4 , 1980 • to beach goers . It is the position of the property owners that the creation of such parking would , in essc ce , be corxtrary. to the deed or restrictions relating to this property and recorded at Deed Book 26 , Page 354 , which deed precludes "noxious or offensive activity or the creation of a public beach" . We provide you with the foregoing information at this early date in hopes of avoiding extensive planning on the part of the County Commission or other county agencies where it is already known that there will be an objection based on legal grounds by the adjacent property holders . • Thank you for your attention' to and consideration of the foregoing . Sincerely, • E. Glenn Tucker • pc: Mr . Russ Wimer, County Commissioner Mr. Clifford Wenzel , County Commissioner Mr. John Pistor, County Commissioner Mr . David Brown . County Commissioner Ms . Mary Francis Kruse . County Commissioner • Mr. John Norman . County Manager • • 2 S RHODES & TUCKER • • All MINI YS 1000 NOrTH cULt ILn nOULEVAnD I-IEnIIAGE SI)UAnE. SUITE 18 P. O. BOX 1146 DONALD W. RHODES MARCO ISLAND. FLORIDA 33937 AREA COOL 813 E. GLENN TUCKER 394.5151 • r BRENDA COKER • ; December 4 , 1980 County Commissioners County Government Complex Naples, Florida 33942 Re: Beach access - Conners Vanderbilt Beach Estates Gentlemen: Enclosed for your information is a copy of a letter to Mr. Pickworth concerning some legal arguments relative to beach access in the Van- derbilt Beach area. In addition to the legal arguments propounded , the owners in the area of the easements referenced in the letter to Mr . Pickworth , and more particularly , the owners of the property covered by the Deed of Res- trictions referenced therein, object to the consideration of en- hancing the referenced easements as primary beach accesses when they were obviously from the context of the Plat intended to accomodate primarily the people living in the neighborhood. Furthermore, the people in this single family .residential area ob- ject to the shifting of the burden of heavy public traffic to their area of this beach frontage when in fact the County Commission has in the past given away property to developers of condominiums along the beach in areas of multi family dwellings . Certainly, this office would appreciate notification in particlar of any action which will effect the area covered by the Deed of Res- trictions or the particular public easements in question. Thank you for your consideration of the foregoing . Sincerely, 1 E. Glenn Tucker I Attorney for the Vanderbilt Beach Property Owners ' Association EGT: jg Enclosure • • • MEMORANDUM DATE: August 6 , 1980 TIC: C. W. .Norman, County Manager FROM: Rollie R. Rice , Director • , Parks and Recreation _ RE: Vanderbilt Beach Accesses : • Per our discussion and reference to Memo dated July 15 from John Pistor. This Department has conducted an investigation of the beach accesses . A request was sent to the Engineering Department to furnish a legal description of each beach access walk way. This was accomplished and the findings are attached in the memo from 11r. Kuck. There are four beach access walk ways on recorded Plat of Conners Vanderbilt Beach Estates . In our communication with the Planning Department, we have located a legal description of a fifth beach access walk way. The walk way is located at the southernmost ten feet of Baker-Carroll Point , Unit 2-Lots 1 and 2 , Block A. (See attached Resolution 79-135) . A Memo dated April 14, 1980 from Tom Kuck of the Engineering Department to Mr. Russ Wimer explains the Vanderbilt Beach parking problem, a three plan proposal and recommendation, (See attached Memo) . :(!e n the minutes of the B. C.C. on August 3 , 1976 RE: Paving beach alks in the Vanderbilt beach area, the minutes reflect the opinion f the residents in the Vanderbilt beach area that they would not ike improvements made to the beach access walk ways , in that it ill encourage traffic, increase parking problems for residential treets , and destroy the character of the neighborhood. This was greed upon by the Members of the B.C.C. and that the beach accesses be left in their natural state. If public opinion has changed in this area, We were not aware of it. It is the recollu1 iendation of this Department that all beach accesses should be recognized by signs . We also feel that in certain areas it may cause some problems . The most important would be parking and when the signs are installed the public expects the area to be maintained. We see no problem in maintaining the beach access walkways and feel that this should be implemented in the 80-81 budget. Our Parks Supervisor will supply you with the additional cost estimate of the beach accesses at Vanderbilt Beach walk ways. (If you have any further questions , please advise, ) RRR: cg Collier Uouniy MAP I - A Beach Access .11AN 1007`�-r CLACN/■. .DO; II I Ill g LEE COUNTY COLLIER COUNTY I 10 11 12 I \01. . WIGGINS PASS NORTH (EACH !OOT\ `1 AT C[[�,//ff PRE IS 14 IS i116.01 Ac 11 AA WIGGINS PASS DEL-NOR 1 STATE PARK _ 22 • 23 24 166 Ac. ' I i• -- NAPLES 27 21 • 26 • • PARK VANDERBILT 10%;- BEACH ESTS. • 100 I �3 G2 36 5AC 34 35 " PELICAN DAY NORTH • P CAN BAY t I O V X I W • PELICAN PAY �1 10 II SOV?H__, I (I_ 3G AC. O I I A ® I (D PAPK SHORE L 14 1 3 UNIT 5 . 1 I- 1 z 100 0 —J D 23 2!_� MORMON WAY y )(`11 I f:I I I I NO.`S-C 0) . 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