Agenda 04/26/2011 Item # 9B
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4/26/2011 Item g.B.
EXECUTIVE SUMMARY
To discuss a private developer's closure of Mamie Street and the resulting cutting off of access
to the historical Ted Smallwood's Store and other residents of Chokoloskee and to recommend
that the Board direct the County Attorney's Office to work with staff and Commissioner
Coletta to investigate and review this matter, attempt to amicably resolve the issue, and report
back to the Board for further direction.
OBJECTIVE: To save the historic Ted Smallwood Store.
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CONSIDERATIONS: As set forth in the attached article in the Naples Daily News, Ted
Smallwood's Store was established in 1906 and served as the Island's post office until 1974. The
Store has been a major tourist attraction for the area, while also serving as a grocery store, bank,
pharmacy and boat stop. The store was designated as a historical museum in 1989.
As shown in the accompanying photos, Florida-Georgia Grove LLP, the property owner to the north
of the store, fenced off the perimeter of its property and bulldozed the road. As reported in the
Naples Daily News, the company, who is in the process of attempting to develop a marina, closed
off access in an attempt to force to Army Corps of Engineers to issue a permit for an alternate access
road. The closure of Mamie also cut off access to a residential property.
FISCAL IMPACT: Staff time.
RECOMMENDA TION: That the Board of County Commissioners direct the County Attorney's
Office to work with staff and Commissioner Coletta to investigate and review this matter, attempt to
amicably resolve the issue, and report back to the Board for further direction.
PREPARED BY~
Jim Coletta, Commissioner, District 5
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Packet Page -619-
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Chokoloskee developer bulldozes only access road to historic Smallwood Store: Nap 4/26/2011 Item 9.B.
naplesnews~com
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Road mott: ::It naplosnowsccom
Chokoloskee developer bulldozes only access
road to historic Smallwood Store
Br ROGER LALONDE
Friday. April 15, 2011
CHOKOLOSKEE - A developer has cut off access to the historical Ted Smallwood's
Store by digging up a portion of Mamie Street on the developer's property.
Without Mamie Street there is only a 150-foot dirt walkway surrounded by trees off
Chokoloskee Drive to the Smallwood Store.
The store was established in 1906 and served as the Island's post office until 1974.
Inside, The Ole Indian Trading Post has been a major tourist attraction for the area,
while it also served as grocery store, bank, pharmacy and boat stop. The store was
designated as a historical museum in 1989.
In digging up the road, Florida-Georgia Grove LLP has placed its cards on the table,
gambling that it will force the U.S. Army Corp of Engineers to take action that will allow
it to develop a marina basin in Chokoloskee.
Greg Griffin of Florida-Georgia Grove said the company's hand was forced when it
learned that the Army Corps was going to recommend denial of a permit filed by the
company, on behalf of the Smallwood Store, to put in an alternate access road.
"There is an appropriate access site along Lot 12 to the Smallwood Store to Calusa
Drive that we are willing to pay for the entire project to solve the problem so that we
can develop our property," Griffin said. "Mamie Street winds right through our property
to the Smallwood Store. Since the Army Corps plans to deny that permit, we had no
other choice but to take out Mamie Street so that it could not be considered an access
source."
The company bulldozed Mamie Street without notice on Wednesday.
Collier County Commissioner Jim Coletta called for a news conference on Friday
afternoon at the Smallwood Store to gain publicity on the problem. He viewed the
rubble of what had been Mamie Street, and talked with Griffin and Lynn Smallwood
McMillin, Ted Smallwood's granddaughter, about the dilemma.
Check back for more on today's news conference.
http://wwvv.naplesnews.com/news/2011/apl Packet Page -620- eveloper-bulldozes-only-acc... 4/15/2011
4/26/2011 Item 9.B.
BonhamGail
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Subject:
WilliamsSteven
Tuesday, April 19, 2011 10:25 AM
BonhamGail
FW: Smallwood Store Mamie Street
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Please print and add to binder.
Thank you!
cYfuve.
Steven T. Williams
Collier County Attorney's Office
(239) 252-8400
:,levenwill iall1~(a'coll ief!!ov.nct
From: James Stoner rmailto:snook4341(ci)vahoo.coml
Sent: Tuesday, April 19, 201110:22 AM
To: FiafaDonna; HilIerGeorgiai HenningTomi CoyleFredi ColettaJim
Cc: KlatzkowJeffi WilliamsSteveni 'Leigh Anne Stoner'i snook4341(a)yahoo.com
Subject: Smallwood Store Mamie Street
Dear Commissioner:
. am writing you to make you aware of the closing of the Historic Smallwood's Store, located on Chokoloskee .
Island. For over one hundred years the store has stood sentential over Chokoloskee Bay, and has survived
countless hurricanes, economic down turns, and even a determined outlaw. Now tbe Store's existence is being
threatened by a developer with no regard for the local community.
On Thursday April 14, 2011, FL-GA Groves and its principal, Gary Blackman, blocked and then removed
Mamie Street. With the removal of the roadway complete the only legitimate access to the Store was severed.
No recorded right-of-way has been found for Manrie Street, but the fact that it has been in continual use for over
60 years by the citizens of Collier County has established a vested right of use, known as prescriptive rights.
Collier County has maintained the roadway, having paved the road at least two times. Utilities that serve the
local conmmnity are also installed along the roadway and include water, telephone, and cable services.
The closing of Mamie Street and the Store has caused an economic hard ship for the local community. It was
not unusual for over one hundred and fifty people a day to visit the Store during tourist season. The san1e people
that visited the Store also frequented the local business establishments. Tour operators from Marco Island and
Naples no longer have a destination to bring tourists, further damaging the economy.
In the coming weeks you will have the opportunity to address this matter. Please help our community by
putting the resources of County government to work to help solve this violation of the community, and
returning access to Smallwood Store.
.hank you for your consideration in the matter. .
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Packet Page -621-
4/26/2011 Item 9.B.
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Red Line = Chain Link Fence
Orange Area = Mam" .
Green Area = Sm "Ie Street Removed.
a wood Store.
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4/26/2011 Item 9.B.
The 2002 Florida Statutes
-Title VIII
LIMITATIONS Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION View Entire Chapter
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95.361 Roads presumed to be dedicated.-
(1) When a road, constructed by a county, a municipality, or the Department of Transportation, has been maintained or
repaired continuously and uninterruptedly for 4 years by the county, municipality, or the Department of Transportation,
jointly or severally, the road shall be deemed to be dedicated to the public to the extent in width that has been actually
maintained for the prescribed period, whether or not the road has been formally established as a public highway. The
dedication shall vest all right, title, easement, and appurtenances in and to the road in:
(a) The county, if it is a county road;
(b) The municipality, if it is a municipal street or road; or
(c) The state, if it is a road in the State Highway System or State Park Road System,
whether or not there is a record of a conveyance, dedication, or appropriation to the public use.
(2) The filing of a map in the office of the clerk of the circuit court of the county where the road is located showing the
lands and reciting on it that the road has vested in the state, a county, or a municipality in accordance with subsection (1)
or by any other means of acquisition, duly certified by:
(a) The secretary of the Department of Transportation, or the secretary's designee. if the road is a road in the State
.ighWay System or State Park Road System; .
(b) The chair and clerk of the board of county commissioners of the county, if the road is a county road; or
(c) The mayor and clerk of the municipality, if the road is a municipal road or street,
shall be prima facie evidence of ownership of the land by the state, county, or municipality, as the case may be.
History.-s. 110, ch. 29965,1955; ss. 23, 35, ch. 69-106; s. 23, ch. 74-382; s. 1, ch. 77-174; s. 3, ch. 88-168; s. 529, ch.
95-147.
Note.-Former s. 337.31.
Capt. Jim Stoner
Everglades Pro
(239) 695-2689 Home
(954) 444-9995 Cell
snook4341 raJVahoo,com
www.everqladesprO.com
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4/26/2011 Item 9.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.B.
Item Summary: To discuss a private developer"s closure of Mamie Street and the
resulting cutting off of access to the historical Ted Smallwood"s Store and other residents of
Chokoloskee and to recommend that the Board direct the County Attorney"s Office to work
with staff and Commissioner Coletta to investigate and review this matter, attempt to amicably
resolve the issue, and report back to the Board for further direction. (Commissioner Coletta)
Meeting Date: 4/26/2011
Prepared By
Approved By
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/20/2011 10:54:57 AM
Packet Page -624-
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4/26/2011 Item
9.8
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4/26/2011 Item 9.8. -