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Agenda 04/26/2011 Item # 9B . . '. 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. .. 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 1 Packet Page -619- . . . Chokoloskee developer bulldozes only access road to historic Smallwood Store: Nap 4/26/2011 Item 9.B. naplesnews~com Prift{~f..rrii:'~j:J;y rltor~.: 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 _From: ent: 0: Subject: WilliamsSteven Tuesday, April 19, 2011 10:25 AM BonhamGail FW: Smallwood Store Mamie Street j .; I 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. . 1 Packet Page -621- 4/26/2011 Item 9.B. 1. 2. 3. Red Line = Chain Link Fence Orange Area = Mam" . Green Area = Sm "Ie Street Removed. a wood Store. ii.- .,. "f'~;i,.,,~;.. t.:" ~~.... ~~ Sf '1:...:..,...~~t ~",. - . ~lJ:~l. . 4/26/2011 Item 9.B. The 2002 Florida Statutes -Title VIII LIMITATIONS Chapter 95 LIMITATIONS OF ACTIONS; ADVERSE POSSESSION View Entire Chapter ., 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 Untlcr Ftorlja Lm;..'" e-ITl:3l1 ndo.rp.ss~s ,'3rl~ puhitc rcc~rds. If YOll (.10 not ",,'ant 'lOll!' .:~-rn3!.r, 3d,:.in~s:~ reiei~;r3d I~ .~ez.t)OilSG to a publiC records re-quest :la f1:Jl ~~Gnd electromc olafl to this '~nllly In~~~t€ad, (:ont~ct this c,:~1Ge by teter-hone or II" v.iriting . . 3 Packet Page -623- . . . 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- '1~r~i:~ "~~~+;~ ~~~;l~s~' t~%~~\ . . . ....\(!... ......... ,'~ ~'.,'.."...').. . . ~~ I - . .~ o. -\' . . . . . . . ~ go > ~ ~ s c; ~ ~ ~ ... ~ t::::I =_ Co b ::. e t.= ~ ~ N ~ :;- Ih ~ ~ c: ~ ~ -~ r; g Li' ~ t:: ~ e ~ c; 4/26/2011 Item 9.8 . Packet Page -632- 4/26/2011 Item 9.8. -