Agenda 04/14/2009 Item # 6D
Agenda Item No. 6D
April 14, 2009
Page 1 of 20
COLLIER COUNTY
OFFICE OF THE COUNTY MANAGER
3301 East Tamiami Trail' Naples, Florida 34112' (239) 252.8383' FAX: (239) 252-4010
March 30, 2009
Mr, Edward A. Bakay
920 BIl Street SE
Naples, FL 34117
Re: Public Petition Request to Oiscuss Unsafe Vehicular Traffic on Frangipani Avenue
and Dove Tree
Dear Mr. Bakay:
Please be advised that you are scheduled to appear before the COllier County Board of
COmmissioners at the meeting of April 14, 2009 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petltion may be placed on a Mure agenda for consideration at the
Board's discretion. If the subject matter is currently under litigation or is an on-gOll1g
Code Enforcement case, the Board will hear the ttem but will not discuss the Item after It
has been presented. Therefore, your petition to the Board should be to advise them of
your concem and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Roor of the W.
Hannon Tumer Building (Building 'F") of the govemmant complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further infonnation or assistance, please do not hesitate to contact 1l11s
office.
~~
Leo E. O~ Jr.
Oeputy COunty M ger
LEO/jb
00: Jeffrey K1atzkow, COunty Attomey
Joseph Schmitt, CO&ES Administrator
Norman Feder, Transportation Services Administrator
.
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Agenda Item No. 6D
April 14, 2009
Page 2 of 20
Reauest to Soeak under Public Petition
Plaase print
Name: EDiJAnD A BAJOJ:L__
Address: g20 CS Tit STRJfr;) 8 b
NPtPLlfS. P L -:511L 7
Phone: 23 't. 732 W 15
Date of the Board Meetina you wish to speak: A~1 2cx:P1
Must circle yea or no:
Is this subject matter under litigation at this time? Ves €>
'S this subject matter an ongoing Code Enforcement case? Ves @
Note: If either answer is "y..". the Board will hear the Item but will hay. no
discussion regarding the item after it is preaented.
Please eXDlain in df;Jtai/the reason you are reauesting to soeak (attach additional
oaae if necessary):
Pt.
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Please exolain in detail the action you are askina the Commission to take (attach
~dditional Daoe if necessary):
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. . Agenda Item No. 6D
, REASON FOR REQUESTING TO SPEAK on 4-1~.iI!~?g6
We needed to speak to the commissioners on 4-14-09, because my 8S year old father
stay with us who has suffered with heart and lung problems has been coughing heavy
from dust conditions, we are forced to leave our home soon, not to place his health in
jeopardy.
Unsafe vehieular traffic in the agriculturally zoned area known as Frangipani Ave & Dove Tree.
Public vehicular traffic and County approved Fawzy's Project unlawful encroaching on SFWMD
right of way, owned by us and other owners, a 12' one-way easement very close to canal edges.
Being a direct violation of SFWMD easement use, unlawful use of their and our easement right of
way, habitual violator threat to health, safety, and welfare, potential for damage to surrounding
properties, exposure of SFWMD and OWNERS to liability issues.
When deeded two way public road access in the agriculturally zone area exist and has not been
developed. County official have anowed building development, project like Fawzy's Fish Farm to
take place without proper road access, creating unsafe road condition, dust problem, health issues,
property damage, pitting neighbor against neighbor creating threats & intimidation of residents to
goon.
Problems with )teavy dust conditions created by heavy truck traffic with approval of Fawzy's Fish
Farm Project "as increased substantially, that is a condition for the project approval. Loeal &
public vemeular traffic traveling at extreme high speed on SFWMD easement. Children traveling
on ATV, Dirt Bikes, at excessive speed on SFWMD easement, using this area as a playground
endangering people lives, creating health issues for us and exposing us to IiabiUty issues, have
constitute a rlpancial hardship on us as home owners.
SUPPORTING LETTERS & EMAILS: (Approval of Fawzy' Fish Farm Project):
1. Faxed Letter to Judge Hugh Hayes dated 3-12-09
2. Email to commissioner Jim Coletta dated 3-12-09
3. Email to all commissioner, Donna Fiata, Frank Halas, Tom Henning,
Fred W. Coyle, Jim Coletta dated 3-16-09
4. Email to Jeff Wright (County Attorney Office) dated 3-19-09
5. Email to Jeff Wright, Jim Coletta, Lisa Resnick, Bill Spencer,
Richard Yovanovich (attorney for Fawzy's project) dated 3-23-09
6. Email to Bill Spencer dated 3-26-09
7. Email to Jeff Wright, Jim Coletta, Lisa Resnick, BiU Spencer,
Philip P. Jimenez (SFWMD), Richard Yovanovich ABOUT CAR
HURTLING IN MAIN DRAINAGE CANAL ON 911 CALL on our
SFWMD right of way dated 3-26-09
SUPPORTING LETTERS & EMAIL: (Frangipani Ave Problems)
1. Letter mailed to road maintenance dept Mr. John Vliet dated 2-10-08
2. Letter mailed to commissioner Tom Henning dated 2-28-08
3. Letter mailed to President/CEO Gargiulo Ioe. dated 2-28-08
4. Letter Mailed to County Manager Mr. James Mudd dated 6'"'-08
5. email to SFWMD Philip ~Jimenez dated 11-29-08
6. Email to Mr. Ross Goehenaur dated 11-26-08
7. Letter to Lt. Stamets (Collier County Sherriff Dept.) dated 1-06-09
.
.
Agenda Item No. 60
April 14, 2009
d" t t. t" d"ti Paqe 4 of 20
Recommen ations 0 correc eXIS ms: con Ions
.
FROM: Ed & Sandra Bakay
1. Paved access roads (surveyed) that are deeded in the agriculturally zoned area, to
include the foUowing, (keeping dust prohlems at a minimum).
1.1 Paving entrance over the 10.k Street bridge to Frangipani Ave. (deeded easement)
1.2 Paving Frangipani Ave. (West) to Sugarberry Road. (deeded easement)
1.3 Paving Dove Tree to the entrance of the Fawzy's Project (deeded easement)
2. To stop encroachment instaU a lockable Gate at the entrance of 10dl Street SE
of SFWMD right of way easement canal for keyed access used only by SFWMD,
Utility services, and aU residential owners that have right of ways ownership as
deeded. To be used in-conjunction with a fence running the distance of
Frangipani Ave to the existing Gate past Kapok Street. This fence and ute must stop aU
unauthorized use of this SFWMD ri2ht ofwav.
3. If mining of crushed rock is to take place? Limit noise level, days and time.
MY: RECOMMENDATION for POSSffiLE SOLUTION TO TIllS NOISE:
ALTHOUGH WE AND OTHER RESIDENTS DO NOT WANT SUCH
AN OPERATION IN TIDS AREA.
3.1 Install rock crushing machinery in a covered farm enclosure, lined with
noise absorbent liner TO INSURE VERY LITILE OR NO NOISE
ESCAPES and LIMINATING DAYS & HOURS SUCH OPERATION
CAN TAKE PALACE.
3.2 Rock mining solution needs to be agreed upon with residents from
8th ,10th & 6d1 Street SE on equipment that will be used to break or blasting
of rock from the ground and dropped into above rock crushers. TIDS
COULD BE A VERY IMPORTANT SOULTION BECAUSE OF
VIBRATING WAVES & NOISE TRAVELING UNDERGROUND
CREATING THE POSffiILITY OF CRACKS, DAMAGING TO LOCAL
HOME FOUNDATIONS. NOISE LEVELS, DAYS, HOURS ARE VERY
IMPORTANT CONSIDERATION. TIDS COULD BE A REAL PROBLEM
AREA ESPECIALLY WITH THE IDGHER END HOMES THAT ARE
LOCATED IN TIDS AREA. WHO WILL PAY FOR DAMAGES IF TIllS
OCCURS?
4. At the very least instaU deeded agriculturally roads should in place to insure safety,
DUST must be controlled, gates & fencing installed to protect our SFWMD & owners
right of way issues. Diligent enforcement of encroachment & speed limits in this area.
5. You may also want to consider what impact this will have with environmeutal groups, with
BALD EAGLES NESTING very close to our back yard, seen by us and other neighboring
residents.
Man:h 12, 2009
Agenda Item No. 60
April 14, 2009
Page 5 of 20
TO: Collier Cin:uit Court
Attn: Judge Hugh Hayes
From: Edward & Sandra Bakay, 9208" Street SE, Naples FL 34117
Phone: 239-732-6645
SUBJECT: Prohlems with heavy dust from heavy truck traffic off Dove Tree
in Golden Gate Estates area for fish farm project that was approved.
Your Honor, we have just found out that construction on a rlSh farm is taken place in Golden Gate
Estates agriculturally zoned area.
Our & neighboring property zoned residential boards this access that crosses over 10" Street SE,
and goes right onto Frangipani & left onto Dove Tree that access to the project fISh farm. To
understand the layout of the land that boards the agriculturally zoning and residential owned
property (approx 30 ft south of the; main drainage canal) that is owned by residential property
owners like us. This right of way is deeded for use with South Florida Water Management District
and utilities services. Presently this residential owned property(right of way) is being used by very
heavy truck crossing over it starting from 6am to 4pm, creating heavy dust entering and exiting the
area. The deeded road access lies 30 foot south of the residential zoned property that is not being
used (approx 30 foot north of the existing fencing in the agriculturally zoned property).
If the county has approved such a project why have they not required the contractor to drive on the
deeded road access and pave the road first, not creating health issues of heavy dust for residents
like us. Problems with verv heavv dust comin.. from the truck traffic enterinl!: this area that
running steadily all day. Who every is doing the project has been watering, but is not enough to
stop dust from the heavy truck traffic coming into the area between watering cycles.
Our main concerns are two fold, health problem issues and driving on deeded road access in this
area. Health issues that this project has created for us, my father staying with us, and who is 85
year has been coughing heavy from the dust, he has suffered with heart & lung problems in the
past. This condition _lei. serious etTeet his health. Not to mention the damages that my wife and I
are experiencing from the heavy dust traffic damages. to our home, motor home, automobiles and
our health.
I do not know if you could place requirement that the contractor must meet along with this project.
Driving on paved deeded access roads into and out would stop the dust and fencing off the
residential right of way along Frangipani Ave. to stop anyone from driving on these areas and stop
dust and health issues we are faced with.
Uyou could help us we would appreciate it. If you have any question we can be reached at
239-732-6645.
Sincerely,
Edward A. Bakay
Sandra K, Bakay
Ma..eb 11, 2009
Agenda Item No. 6D
April 14, 2009
Page 6 of 20
TO: Bow 01 County Commil.lonen
Atm: Commluioner Jim Coletta
CC: Lila Resnlek
CC: Jeff Wright (County attomey)
From: Edward" Sandra Bakay, 910 Silo Street SE, Naples FL 34117
Pbone: 239.732-664S
SUBJECT: Problema with beavy dUlt lrom beavy truek traMe off Dove Tree
In Golden Gate Estates area for Osb farm project that was approved.
Commlnloaer Jim Coletta, per our P"ODe call about problem we are ellperieacina with the r.... Carm
project (A."raC Fa",zy'. nlh Carm) at II.. been approved In the alrleult.rally zoned area DC
Golden Gate Eatatea.
Our &: nelllhbomg property zoned _Idential hoards tbis acceas th.t croues over 10'~ Street SE, and goes
right onto FranglpllDl &: left oato Dove Tree that Ieee.. to the project Ibh Carm. To understand tile layout
of the IaDd that boards the ac:ricultnrally zoning ..nd resideuCiaI owned property (approll 30 ft lOuth oCthe
main drai""le c:uual) that is owned by reSidential property ownen Bke us. This rillht of ..ay is deeded for
use with South Florida Water Manallellent District and utilities services. Presently this resideatiat owaed
property(right of ",ay) II being used by very heavy truek croasiag over it startinll from 6am to 4pm,
creating heavy dust entering and mtIng the area. The deedtld road access lies 30 Coot south of the residential
zoned property that is Dot being used (appros 30 foot north of the exlsung Ceacing in tile agricultnrally
zontld property).
If the county has approved SDch a project why have they Dot required the contnetor to drive on the deeded
road access and pave the road tint. not creating health issnes of beavy dut Cor residents like .... Problems
with very heaV\' dut comin from tile truck traffie enteriDl! lhi. area that ",Dning steadily all day. Who
every is doiog the project bas been watering, b"t is not enough to stop dust from the heavy truck traffic
coming into the area between waterinll eyeles.
Our main coucerna are two fold, healt" problem issues and driving on deeded road accetll in this area.
Health lIsues that this project bas created for 0, my father staying wit.. us, and who is 85 year h.. been
coughing heavy from the du.st, he h.. suffered with heart &: lung problems In the past. This conditioo could.
serious effect his health. Not to mentina the damages that my wife and I.re eIpCriencing from the heavy
dust traffic damages, to our home, motor home, automobiles and our health.
I do not know if you could pleee req uirement that the contractor must mect along with this project.
Driving on paved deeded access roacll, ltarting from 10'. Street bridge on the deeded access of Frangipani
Ave. &: left to Dove Tree into and out would stop the du.st. Fencing off the residential rillht of way along
Frangipani Ave. to stop anyoue from driving ou these areas aud stop dust and health issucs we are faced
with.
This area has been a problem, it is a area that the county Deeds to address for healt", safety and emergency
vehicles access. Without this project Just local tramc is a problem with single lane traveled at very high
speed, low power lines or large trucli: traveling on residential zoned SFWMD right of way owned by us and
other resideato, leaving us open to financial hardship.. a home owner SIDce liability is an issue.
If you could help u.s we would appreciate it. If you have any question we can be reached at
239-732-664!l.
Sincerely,
Edward &: Sandra Bakay
'f0: ColHer County Commissionen
March 16, 1009
Agenda Item No. 60
April 14, 2009
Page 7 of 20
Altn: Donnll Fiata
Frank Halas
Tom Henning (Vice Chair)
Fred W Coyle
Jim Coletta (Chair)
Subject: Problems exiltina with SFWMD rigbt of way to the main dralaage eaaals being used by
10e.I trame aad MOW beavy truelul for the Fawzy's fish farm projeet approved
by the county.
With the reeent approval of Fawzy's Fish Farm projeet approved by Judge Hugh Hayes and
existing problems created by loeal vebieular traffic that ba. existed on SFWMD right of way to the
main drainage eanals. Prelently bel.g used by local vebieles aud beavy truelul working on Fawzy's
projeet.
In ehecking on the status o(my permit to (ence off my right otway, SFWMD main otfiee in WelIt
Palm Beach is coneemed that the UIIe of their right of way is belDg used like this, which Is a
violation of their regdlatlollll on public vehielea using tbe acce18 riJbt of way. Thil problem exist for
all private property owner like us. tbat are residential owners of this rigbt of way for side canal in
tbls area. l'Irirprclltllltllllll'nlM'ODIy hIlS altCtwed SFWMD to e~p1llledUabDit1es, hut.h.u placed us
at a suhaunrial hanlllalp & prin...plooof falme8ll, s",...t...tlaUlardsllip beeaue residents, heavy
truelul are using this easement as a playground witb A TV and Ieteal vehicles that are traveling at
very hlab speed, endaagerlag people lives and esp081ng me and my family being liable. Leaving
this 1lre1 open will ellDstitute a fbaaDela1 hardship as a home Ctwaer since nabllity is an Issue. Not to
mention problems from heavy dUlt eloua DoatlDg baeker088ed the eaaal, creating bealtb inues,
damagell to our bome, motor bome, ears. Tbis problem exillt for all otber owner like us and near us
iD the residential zoned area.
Pleue see attachments, detailing problem sent to government ageneles aoout thl8 problem.
Mv 8UGVelltioD to tbil Droblem:
J. Fence off the southern ooundarv SFWMD rlDt ofwav from the east entrance on lot. Street SEt
!illh a ute at thia eunnee (or IIse o( I.. deedtd a_I onll'. to the west exlstlal late located at
the west end o( private road Frangipani Ave (or SFWMD maiD canal aeee8S.
1. Paviu the road (or lIIrielllturally rtJlIident for Frangipani Ave, wltb ID the existlnll deeded
easemeot DubHe road riRbt ofwav (treek N368767S, Book 3977 pg17SS.) and similar deeds.
3. Pavinll! deeded aceeu rlwbt ofwav for Dove Tree iD tbe agriculturally zonlne area lor tbe
Fawzy's Fish Farm projeet.
4. Residen" or 8~ Street SE are eoneemed abollt the possibility o( llltlse that wiD be created
bv miDiDll o( rock in thia area, with the building this fish pond In the future.
5. Restrict workiull time start and stop of beavv truck trame. possible lowerinll sneed limits and
InsuriulP en(oreeme~ of this beavv truck traffic endanlleriD.l!. residents ehildren attendinl!
scboolloeated on 10 Street SE.
Thank you
Ed & Sandra Bakay, Sill Street SE, Naples .'L (pbone 239-732-(645)
;
TO; Jeff Wright
March 19,2009
Agenda Item No. 6D
April 14, 2009
Page 8 of 20
CC: Jim Coletta
Lisa Resnick
RE: Response to Mr. Fawzy's &. Richard Y ovanovich email about dust and trespassing onto SFWMD
right of WilY residential :r.oned private property.
Jeff, statement by emall "alhrafDllples@aol.com have nut been total correct.
Trucks traffle eaters onto 10t~Street SE (Iouth), they turn right (west) oato SFWMD right of way a
canal easement owned by 1011I Street SE ownen (see item #1 below), thea er08lOnr my right of way
canal ealement (See Item #2 below), and turn left onto Dove Tree (Iouth) going to the project lite.
(questionable, deeded road area in agrieulturaUy zoned deeded public road _menta)
PLEASE NOTE THE FOI.I .OWING WARRANTY OF DEEDS:
ITEM#I-PRESENT TRUCK TRAFFIC entemR from 1011I Street SE turning right (west)
DRIVING OVER SFWMD deeded 70 foot easementa, then crollover our right of way caaal
easement to Dove Tree to enter Fawzy's proJed. (TInS AREA IS DEEDED TO RESIDENTIAL
OWNERS LIKE US)-10" Street SE Warranty of Deed: (presently in foreclOllure) Book#4358 I>G
402l-lot 47, Block 63, GOLDEN GATE, Unit 2, Part 2, Recorded in PLAT BOOK 7, PAGES (S)
66-67, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
ITEM #2 TRUCK TRAmC TRAVELING (west) crollSOver OUR SFWMD deeded 140 foot right
of way _ment (residenthll zoned) then tum left onto Dove Tree (agriculturally zoned roads)
TIllS AREA IS OUR RESIDENTIAL OWNED RlGIIT OF WAY _.--lITH Street SE Warranty of
Deed: (presently owned by Edward A. Bakay & Sandra K. Bakay) #3157145 Book 3255, PG 2040--
-Tract 148, Golden Gate Eatates, Unit No.B, Reeorded in PLAT BOOK 7, PAGES 71-72,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
ITEM #31:RUCK TRAFFIC & LOCAL TRAFFIC: When making the right turn from 10'. Street
SE (west) onto Franppaai Ave TRUCK TRAFFIC & LOCAL SHOULD BE DRIVING HERE, In
THE DEED ROAD EASEMENTS OF AGRICULTURALLY ZONED AREA. TIllS AREA IS
PRESENTL Y ~ Under IJ'llvel road & grul and palm tree blocking aeeelll to deeded road
easements in the agrienlturally zoned roads, shonld be 35 foot ofl'the existing fenee in the warranty
of deeded --#2261546 Book 2374 PG 0146 or per 2005 sale # 3699220 Book 3891, PG 2465 Legal
description set forth on Exhibit "A"-Call out for a 35 foot public road _ment.
OTHER PROVERTIES in the agriculturally zoned area is --#4224259, Book 4402, PG 2268 that
Should be location of Frangipani Ave & Dove Tree can ont public road easement 30 foot north
(location of Frangipani Ave) and 30 foot ealt (location of Dove Tree)
--AS FAR IS THE DUST PROBLEMS AND CONDITION FROM FA WZY'S PROJECT, PROOF
EXIST ON TRUCK TRAFFIC HAVE CREATING TIllS CONDITION, AND TRUCK TRAFFIC
CROSSING SFWMD RIGHT OF WAY HAS CREATED BACKDUST CONDITION CROSSING
THE MAIN DRAINAGE CANAl. BOARDING OUR PROPERTY.
-AGAIN I REQUEST THAT FA WZY'S PROJECT BE REQUIRED TO FIX THESE
CONDITION EXISTING BEFORE ANY OTHF,R WORK IS DONE, PRESENTLY CREATING
HEALTH ISSUES AND DAMAGES TO OUR PROPERTY.
AO~'ed4lltem No. 60
rag '1'o.priI14, 2009
Page 9 of 20
-THIS WHOLE AREA HAS BEEN A MESS FOR YEARS, AND IS WHY I REQUEST
FENCING AND GATES BE PLACED ON MY RIGHT OF WAY, TO PROTECT OUR RIGHTS
AS A PROPERTY OWNER &; MY EXPOSURE TO LIABILITY ISSUES AS A HOME OWNER.
Marcb 19, 1009 -(Responae &0 Mr. Fawzy', &; Richard Y ovanovlc:h emall)
I CAN BE REACHED AT 139-731~45IF YOU HAVE ANY QUESTION.
Ed Bakay
FROM: Ed & Sandra Bakay
Agenda Item No. 60
April 14, 2009
Page 10 of 20
Date: 3-23-09
TO: JeffWrigbt
Jim Coletta
Lisa Resnick
Bill Spencer
Richard Yovanovicb
SUBJECT: Dust & Trespassing 00 our SFWMD right 01 way (our southero
boundaries) in the residential zoned properties.
Per my phone call with Mr. Ashraf Fawzy Friday 3-20-09, we discussed the problem
of his project:
1. DUST CWUDS STILL EXIST between watering cycles, because of grading of the
quarry dust & graded on this area, and on weekend it became ]0 time wane than
evcr, when no water is taken place. THE ONLY WAY TO STOP THE DUST IS TO
PAVE THE ROADS IN THE DEEDED AGRICULTURALLY ZONED ROAD
EASEMENTS. I BELIEVE THIS DUST IS A CONDITION OF THIS PROJECT
APPROVAL.
1. To stop heavy trock traffic ENCROACHMENT over our SFWMD right of way.
This area needs be surveyed and gated & fenced off to stop cncroachment. I thought
Friday 3-20-09, seeing construction equipment in tbis area that tbe ROAD ACCESS
WAS MOVED TO THE AGRlCULTRALLY ZONED ROAD EASEMENTS. MY
REVIEW OVER THE WEEKEND NOTED NOTHING WAS DONE,
TREES STILL BLOCK ACCESS FOR THESE TRUCK TO DRIVE ON. ROAD
ACCESS EXIST 35 FOOT OF THE EXISTING FENCE IN THE
AGRICULTURALLY ZONED AREA of the noted parcel. A aerial photography
of parcel #00303'160005 on collierappraiser.com will sbow problem areas, requiring
further surveying details. WHEN IS THIS PROJECT GOING TO STOP THIS
ENCROACHMENT? CORRECT CONDITION PRESENTLY EXISTING?
Ed & Sandra Bakay
SlIl"Veying our southern boundaries today 3-26-09
rage I UJ I
Agenda Item No. 60
April 14, 2009
Page 11 of 20
surveying our southem boundaries today 3.26-09
From: skbekey <sebakay2323QpeoplePC.com>
To: "bllllpllllcerOcoIliergov,ner
l:(:: "lisaresnlckCcoIllergov,nef' <lisereanick@colliergOV,nel>, "jeffwright@coIliergov.net"
<jellwrighl@coIllerlJOV,net>
Subject surveying our IOUlhern bounderies today 3.26-09
De..: Mar 26, 2009 7:08 AM
3-2ti-09
TO: Bjll Spencer (Site Plan ReviewE:!I-)
ell', I have Dagostino and Wood Inc. surveyor, coming today approx. 9am t.o mark
off out ,90utrlern boundary of our SFWMD right of way property.
They will also provide'survey showing encroachment of Heavy trucks working on the
Faw~y' s Fish E'arm Project and Loca.l tr.:iffJc u~ing this iu'ea as a lo.::td.
Wn will photo all marker placement, because of removal of survey max'ker9 in the
past by people encroaching onto this area in the past.
It you nt:eded to view them, you my want La see them 300n after 5urveying ha9 been
cornpleled today.
Ed Bi:lkay
People PC Onlir,c";
A bt:Ltor way tl) Internet
hU.2:'/jw>;~_, peOEI~lli'~cofrl
http://webmail.peoplepc.com/wamlprintable.jsp?msgid= 149&x= 1164325600
3/27/2009
Date: 3-'16-09
FROM, Ed '" ...... Bakay f f\o:.i D~
~cf'f 0.-- 4J' tS1~ .
/J.4 ,.0 q
'3/f, fYlCJI}
o:~ &. 11
1/Sj//2J
Ag".qt}ll/ilIl1 No, 6D
e;iA::> fAilril~4, 2009
(,I.T Page 12 of 20
TO: JetTWrigbt
Jim Coletta
Lisa Resnick
Bill Spencer
Philip P. Jimenez
Richard Yovanovich
SUBJECT: Safety problems existing in this area. A car hurtling in main drainage
canal from the banks of our right of way property last night approx.
8:45PM.
Last night we called in a 911 call to Collier County Police at the intersection of Dove
Tree & Frangipani Ave. A vehicle we believe was traveling at excessive speed some
how hit the canal bank side, was hurled into the air and ended up in the center of our
right of way easement oftbe SFWMD main drainage canal.
THANK GOD, tbe tbree people who we believe was in the vehicle, got out safely.
It may bave been a mucb different out come if canal water levels water was deeper.
I do not know wbat to say, to stress the UNSAFE CONDITIONS that bave existed
here. BY NOT PROVIDING SAFE PAVED ROADS, ENFORCEMENT OF SPEED
LIMITS IN THIS AREA & allowing ENCROACHMENT on our right of way
property to exist.
ENCROACHMENT in this area has not stopped, in spite ofemail on 3-17-09,
detailing liabilities issues with us, SFWMD and a lack enforcement of NO
TRESPASSING in tbis area.
Why haven't any of our email issues been addressed by the Fawzy's Fish Farm
Project or Collier County.
It is not our responsibility TO PROVIDE SAFE PAVED ROADS in Collier Count)'.
Ed & Sandra
Edward A. ..\ Sandra K. Bakay
920 8tb Street SE
Naples, F134117
239-732~5
R~~ h~gk~~
Oe..tJr April 14, 2009
r Page 13 of 20
February 10,1008
Collier County Community Development Service Center
2800 North Honeshoe Drive
Naples, FL 34104
Mr. John Vliet:
SUBJECT: Location of FnullPpanl Ave, our easement problem & the deeded location for the
road ript-of-WllY,
For sometime my wife and I have been bavinl problem8 with our easement right-of-way. We have
posted "NO TRESPASSING SIGNS" WITH LrITLE RESIJLTS. People In this area have been
using our property that is a easement for Water Management and Utilities as a road to get In and
out to homes & businesses or d'lliveries. This acceuls very narrow approx. 12' width and very
close to the canal edlell. They tl"llvel a very high speeds on the acees. easement leaving clouds of
dust higher than the telephone poles and endangering people walking or fisblng from tbe banks.
We ban filed a number of complaints witb Lt. Stamets of Collier County Police Department. This
problem area ill UNSAFE, DESTROYING OUR NEW HOME, MOTOR HOME, CARS and most
of all EFFECTING OUR HEALTH FROM THE ilEA VY DUST CLOUDS.
Guest tbat have visited us always bad a comment on how we live witb this problem. It is not
why we moved to Naples. Many In our neigbborhood bave the .ame feeBng about this problem.
Wben we moved here only a few people used this access. now 18 wheel trucks. dump truck,
trucks with trallen, and many vehldes travel very fa.t witbin tbis area hourly. We know of at least
two busineues using our easement. We are not responsible for aecetl for people tbat have to use
Frangipani Ave.
The town or county Ibould provide a "P A YEn ROAD" for these people In the deeded location, and
bave a Ipeed limit tbat will be enloned by tbe Pollee Department.
Three Yl!llr alo Tim Nance Director of Gafllulo Ine. Itaned movlnl the road from our easement to
tbe deeded aceetlll for the road right-of-way soutb of the telephone polel and survey marker and
stopped. A copy oltbe deeded acce88 is attached for you review (ID#O030748OOO6)
(3687678 or 3877 Jl8&e 2795) clearly states the location of this road right-of-way on the 20ae track
south olthe poles and survey marker acrol. tbe canaL
We would like something done witb i. problem area. We ean be reached at 139-732-6645 or my cell
973.534-5396.
'fhanll. you for your cooperation.
Sincerely,
Edward A. Bakay
Edward A. " Sandra K. Bakay
910 8th Street SE. Nanles. F134117
Agenda Item No. 60
~riI14, 2009
139-731 ge 14 of 20
February 28, 2008
Collier County Government
3301 E Tamiaml Trail
Naples, FL 341 n
Commissioner Tom Henning:
SUBJECI'; Loeationof Franppanl Ave, our easement problem" the deeded loeation for tbe
road right-of-way.
For sometime my wife and I have been having problems with our easemeBt ript-of-way. We have
posted "NO TRESPASSING SU;NS" WITH LI'ITI.E RESULTS. People in this area have been
Ullna oar property that is a easement for Water Management and UtWtietl as a road to get in and
out to homes" bu.i._ er deHverieL This acea. la very narrow appros. 12' width and very
c10Ie to the eanal edges. They travel a very hlah .peeda OR the a_ _ent leaving &:Ieud. of
dust higher than the telephone poIeI and eadangeriog people walldng or ftahlDg from the banks.
We have filed a number of complaints with Lt. Stamets IIf Collier County Pollee Department. This
problem area is UNSAFE, DESTROYING OUR NEW HOME, MOTOR HOME, CARS and most
of aU EFFECTING OUR HEALTH FROM THE HEAVY DUST CLOUDS.
Guest that have visited WI always had a co_eRt on how we live with this problem, and why they
will not move to Florida when government will not deal with road 11<<_ issues. It is not why we
moved to Naples. Many in our neighborhood have the same feeling about this problem.
When we moved here only a few people used this access and it wa. not a raee track as it is today,
now 18 wheel trueka, damp truek. trucks with traUen, and many vehicles travel very fast within
this area hourly. We know of at least two businesses using our easement. We are net responsible
for access for people that have to use Frangipani Ave. The 4."Ounty allows building to go on in this
area, without requiring road aceess either public or private in this area. (We talk to Travis Bossard,
Manager of roads, Jeff Letourneau, code enforcement and othen with on reIIllts)
The town or county should provide a "PA VED ROAD" for these people in the deeded location, and
have a speed limit that wID be enforced by the Police DepartmeDt.
Three year agu Tim NaDee Director of Gargiulo Inc. started moving the road from our easement to
the deeded atteSS for the road right-of-way south of the telephone poles and survey marker and
stopped. A ropy of the deeded aeeess is attached for you review (101#00307480006)
(3687678 or 3877 page 1795) clearly states the Ioeation of this road right-of-way on the 20ac tracli~
soath oUhe poles aDd survey marker aerDSS the ClIDlIL
We would like something done with is problem area. We ean be reached at 239-732-6645 or my cell
973-534-53%. Thank you for your cooperation.
Sineerely ,
..... ...........
Edward A. &: Sandra K. Bakay
910 8tb Street SE
Naples, FI34117
139-731-6645
Agenda Item No. 6D
April 14, 2009
Page 15 of 20
February 18,2008
Ga.,pulo Inc.
15000 Old 41 Nortb
Naples, FL 34110
President/CEO:
SUBJECT: Location 01 Frangipani Ave, our ea_ent problem &: the deeded Ioc:ation lor tbe
road ri&ht-ol-way.
For sometime my wife and I bave been havlnl problems wltb our euemeat right-of-way. We have
posted "NO TRESPASSING SIGNS" WITH LITTLE RESUl.TS. People in this area have been
using our property that Ia a easement lor Water Management and Utilities.. a road to get in and
out to bomes &: bUlin__ or deHveries. Thla accesl II very urnw approll. 12' width and very
clole to the Cllul edl" They travel a very hip.peeds on the aceeu easement leaving eiouu of
dust biper tban tbe teiepbone poles and endanlerlng people walking or ftIIalng lrom the banks.
We bave filed complainu aplntt lpeeden with CoUler County Police Department. This problem
area is UNSAFE, DESTROYING OUR NEW HOME, MOTOR HOME, CARS and mOlt of all
EFFECTIN(; OUR HEALTH FROM THE REA VY DUST CLOUDS. My wife ha. been having
problem breathing from the beavy dult eloud. tbat travel aero.s the CUlal.
Gnest tbat have vl.ited n. alway. bad a comment on how wc live witb tbis problcm. It il not
wby we moved to NaplM. Many in our neigbborhood bave the .ame leelinl about thil problem.
When we moved here only a few people used thll aceesl and It was not a race track at that time.
Now 18 wheel trucks, dump truck, trucks with trailerl, and many vehicles travel very I..t witbin
thil area bourly.
Tbree year ago Tim Nance Director of Gargiulo Ine. started moving tbe road from our _ent to
the deeded acceas for the road riabt-ol-way south of the telephone polM ad survey marker and
.topped. A copy 01 the deeded access is ettaehed for YOll review (l0#003074llOOO6)
(3687678 or 3877 page 1795) dearly states the location of tbis road riaht-ol-way on the 20ae track
south 01 the poles end survey marker acrosl the eanal. While on vacation, to our lurprise at thili
time quarry dust Will placed on our right-ol-way and not tbe deeded aCeeIlI road area, since tbis
time thla II'N ba been a n1ptmare for U8.
We would like Gargiulo Inc., with othen who need access to Frangipani Ave to move the road to
the deeded access location (20ae track south 01 the poles) and to make it p"lIlIble witb a p..ed road
to ItOp dlUt clouds, and complete tbe project started (3) yean ago.
We would like 80metblna done with is problem area _L We eaa be reached at 139-731-6645 or
my cell 973-534-5396. Tbank you for your cooperation.
Slneerely,
Edward A. Bakay
-
Edward A. 1& Sandra K. Bakay
920 8th Street SE
Naplea, F134117
239-732-6645
c..,-,I.1 ,\J ~'1\g~"d~I~~,nfu
April 14, 2009
Page 16 of 20
June 6, 1008
Collier County Government
3301 E Tamlami Trail
Naples, FL 34111
Mr. James V. Mudd:
SUBJECT: Loelltion 01 Frangipani Ave, our ellument problem 1& the deeded Ioc:ation for tbe
road ript-ol-way.
For IOmetlme my wile and I have been having probleml with our eaHmllllt ript-ol-way. We have
posted "NO TRESPASSING SIGNS" WlTIl LITTLE RESULTS. People in this area have been
ullng our propert) that is a easement for Water Management and UtlUtie. a. a road to get In and
out to bomes 1& bUHi_les or deliveries. Tbls acceu Is very narrow approx. 12' width and very
close to the _I edpa. Vehk:les, ATV travel a very high .peed. in both dlredlon on a narrow
right olway and leaving cloudl of dUlt bi&her than tbe telephone polCll and 'endangering people
walking or fishing lrom the banka.
The deeded access lor Franatpani is located on tbe 10 aere adjacent to our property, (See attached
Deed 3687678 or 3877 pale 1795 right of way road aeees8 30' on 20 aere track) I do not undentand
why the county illuea buDding pennita, C.O. when proper road aeees. is not in.taUed for their WM:.
We have filed a number 01 eomplaiatl with Lt. Stametl 01 CoWer County Pollee Department. This
problem area is UNSAt'E, DESTROYING OUR NEW HOME, MOTOR HOME, CARS and most
of all EFFECTING OUR HFAL TH FROM THE HEAVY DUST CLOUDS.
Now 18 wheel trueka, dump truck, trueks with trallen, aad many vehidea travel very fait within
this area bourly. We know 01 at leut two bUllnetlN Ullilll our eaHment. We are not responslbie
for aceetl for people that have to uae Franppaat Ave. aad are eoneerned for law luit, but the
county does nothing about this probiem.
The town or county should provide a "PAVED ROAD" for these people in the deeded Ioeation, and
have a Ipeed limit that will be enforeed by the Poliee Department.
Three year alo Tim Nance Director 01 GlITIiulo Inc. ltarted movlnl the road from our easement to
the deeded acCesl lor the road Ji&ht-ol-way south 01 the telephone poles and survey marker and
stopped. I think they dtd not have the money to complete the project.
.We would like .omeone in the tounty to eorreet this problem area. We can be rearhed at 731-6645.
Thank you for your cooperation.
Sincerely,
Edward A. Bakay
Edwllrd A. & Saadra K. Bakay
920 8th Street SE
Naples, F134117
139-731-6645
Cell 973-534-5396
Agenda Item No. 60
April 14, 2009
Page 17 of 20
November 19, 2008
Mr. Philip P. Jimenez:
SUBJECT: Applicatioa for Feaclng permit # 08-0609-2.
Mr. Jimenez, in taUdDI to and letten from the ColUer County. Per my phone calla with Jeff
Wright at tbe County Attorney omce. since we are the owner of the property wlth warranty of deed
right, aDd pay the tases on the said property, the COUllty hu no lilY to feace on SFWMD easement.
BeeaUle of the easement, Jeff Wright referred 01 to ROls Gomenaor Planning Manager of Collier
County. His commentJ to u in Il emall WIlS (Wbenever the feDce woold faU within a SFWMD
easemeDt, we reqoire property OWBer to provide u witb a Letter of No Objeetioa from SFWMD,
not the other way around) (eopy of emait wUl be sent you at. SFWMD).
If the real issue II the private road aeeesll (Frangipani Ave) that i8 very unlllfe, not wide enough for
two way tramc, in the wroag ioeatlon and leaviDg UI open to tepl sultl. Presently I am happy to
say that a new road path Is bein& cut throup the deeded road right-ofway on the 10 ac. We are
wlllinl to work witb people ulna Franppani Ave for 30-90 day ontil this new aceeslis open. We
have no intenllon to place burdenl on anyone. But we still waDt to place feDcinl on our rlght-of-
way used by SFWMD, IDlurina our legai riailt u deed ownen, and aUow only permitted deed
aceess to this ealt,meDt III stated in our deed.
We bave aU paper work fill out for a feneing permit on our southern boundaries, on the easemellt of
SFWMD. AU we need Is a letter from you NO OBJECTION FROM SFWMD, to lobmit to Collier
County for a feDeiDg permit.
If yoo wold make 80metlme for 01, we woold like to meet you on site to dlscusl tbe fencing permit.
Uyou have any question I can be reacbed at the above phone 139-731-6645 or cell 973-534-5396.
Thank you,
Edward A. Bakay
.,
Edwanl A. &: Sandra K. Bakay
910 8th Street SE
Naples. FI34117
139-731-664!
Cell 973-!34-5396
Agenda Item No. 6D
April 14, 2009
Page 18 of 20
November 16, 100S
Collier COUDty Govel1lJDent
1S00 North Honeshoe Drive
Naples, FL 34104
Mr. Ross Goebenaur:
SUBJECT: Letter from Collier County fencing off our easement used by Water MaDagement.
For sometime my wife aad I have been havilll problems with our easement riaht-of-way. We bave
Posted "NO TRESPASSING" sigas, filed police reports wltb little re.8ultll. People in tbis area have
been using our property tbat.is a easement for Water Management and Utility as a road to get in
aad out to their homes & business. Vehicles, ATV, Large trucks travel at very high speeds in botb
direetloD OD . narrow strip (.pproJ:. n') wide .nd very close to the c.nal edges. We are concerned
about 1.11' suits .nd other problem issues. To correct this we .pplled for. feDeiDg g permit.
The deeded .e_ for Franppllni is loe.ted on tbe 10 acre adj.cent to our property (Deed 3687678
or 3877 page 2795) stating. 30' rigbt oew.y ro.d access on the 20ae track.
We h.ve applied for. fenclng permit with South Florid. W....r Maalllcment Number 08-0609.2.
This fencing permit proposal IsreDela, off our soutbern boundary wltb (2) lockable 16' ptea at
both end of Water Managemeat servke aeeess .rea.
In the letter from them d.ted June 30, 2008 (Applleation number 08-0609-2) Water M.nal!ement
have ROuest that we obtain a letter from Collier County statinl! that the County will auee that iii
future fence is oermWible aloH our southern propertv bounda", adiacent to Golden Gate Mail!
Cl!Ql!1 ~slFtll!l~m Avenue.
We are looking to obtain permit fr-om Water Management, and Collier County for feneing off our
southern boundary of our property.
If you have any question I ean be rl,.ehed at the above phone 239-732-6645 or ceO 973-534-5396.
Sincerely,
Edward A. Bakay
.
.'
. Edward A. "'Sandra K. Bakay
239-732-6645
9208tb Street SE, Nap1~,1~~~~0~~
Page 19 of 20
Collier County Sherriff Department
Orangetree Office, 1195 County Road ~8
Naples, FI 34117
JaDuary 6, ZOO9
Lt Stamet8:
SUBJECT: FeneinR off our easement DIed by Water MaDagemeut. (1#08..fl609-2) &
Request for blanket "NO TRESPASSING" onler.
All you know sometime my wife and I have beer. having problems with our Water management and
Utility easement right-of-way. We bave POlted "'NO TRESPASSING" .igOll, witb Ottle re8ult8. People in
tbis area have been UlIing our property that is a easement for Water ManalemeDt aDd Utility as a road to
llcot in and out to their bomel "businel" Both FranD_ni Ave. " Oovetree Street have been on tilt
wronl! _ment loeation for manv vean. WheD I pureltased our property in March 2003, I approached
Tim Nance then presiclellt of the uaociation sbuut some people driving on our _ment. he noted tbat
tbeFrangipaoi road should be !lOuth of the poll's" he started moving FranD_1Ii to the deeded DubUc
road access. With many delays and eseulleS this did not bappen , and for some reason stopped, when
quarry dOllt was dropped on my easemeat and not tbe public road easement. The question OD who did it
is unknown? Since tbat time it beeIIa problem, usage of this easement mereased at least SO fold, witb 18
wheeler troda, large trailers, heavy equipment" many more vehicles traveled over from that time.
Vehicles, ATV, Large trucks travel at very high speeds in both direction on a narrow strip (appl"Ox. 12')
wide and very close to the eaaal edgel and large trucks come very close to taking down low banging
electrical wires north oftbe telephone poles. We are concerned about safety Issues, law suits and otber
issues.
To correct tbis we applied for a fencing permit which has been granted by Water Management (Letters
Phillip Jimer.ez) & Collier CODDty (See email from Ross Goehenaur). Both Water Management" Collier
CODDty have stated we own the property & pay taxes on the easement and wiD be able to fence off this
easement.
Thc deeded at"cess for Frangipani is located on the 20 acres adjacent to oar property (Deed 3687678 or
3877 page 2795) stated is a easement for ~ublic road rillht-of-wav over and across the north 36 reet and
the east 36 feet thereof on the noted 20ac track. (See Attaehed Deed) Tile DUbUc NHld access is south
between telephones. bollllll4ries 0", Drooertv flIId fll111roximtltelv 30' nonll of tile '
new fence off area of tile tu/iac6ft 2Otu:. Lot
We have applied for a fencing permit widl South Florida Water Management Number 08-0609-2. This
fencing permit proposal is fencing off our southern boundary with (2) lockable 16' gates at both end of
Water Management service access area. Copies of our Warranty Deed and tide insurance detail for use
of our property are attaeked.
We request that a blanket "NO TRESPASSING" onler be enforeed by CoWer County Sherriff
Department upon .)ur permit for fencing off our southern boundary of our property. We expect permits
to be fmalizcd by the ead of .January 2009. I wiD contact you at this time.
If you have any qUCl4tion I can be reaeked at the above phone 239-732-6645.
Sincerely,
r.".1 .1....,. 1_
.. --;---- ---,...
Edward A. & Sandn K. Bakay
239-732-6645
Agenda Item No. 60
920 8th Street SE, Naples, Fl~I~, 2009
Page 20 of 20
Collier County Sheriff Department
- Onngetree Office, 1195 County Road 1#858
Naples, Fl34117
March 30, 2009
Lt Stamets:
CC: Jeff Wright
Jim Coletta
Lisa Resinck
SUBJECT: Copy of filed sealed survey showing our southern boundaries and encroachment on our
SFWMD right of way property.
A copy of the survey showing encroachment on our southern boundaries has been filed with Collier
county Engineering and Environmental Services Department (encroachment was witness by Mr. Bill
Spencer Site Plans Reviewer) when survey was taken place. The attached sealed survey clearly show
boundaries of our southern boarders. Road easement for Frangipani Ave (east oftbe southeast comer
section #10, Township 49, south nnge 27 east monument lies public road easement 35 foot north off the
existing fence and south of our easement for Frangipani Ave) (west ofthis comer section monument lies,
30 ft easement lies public Road easement for Fnngipani Ave or 44.5 feet north ofthe existing fence) both
are noted on this survey. Simply put anyone driving on SFWMD right of way easement north ofthe
existing telephones (noted on attached survey) are encroaching, not only on my property but the owner
cast on IOU Street SE, on owners west of our property. The people in this area are required to move
improve their public road access within their deeded easements for public roads in the agriculturally
zoned area.
Upon receiving my fencing permit request, SFWMD in West Palm is very concerned on the use of their
SFWMD easement right of way in this area, that is a direct violation of their regulations, the exposure of
district liabilities and other violations. This has delay my request for my permit since the District is very
concerned about their other easement east & west of my easement.
Encroachment needs to be enforeedin this area. Presently although warned by us, Fawzy's Fish Farm
has been running Heavy Trucks over the 10th Street easement and crossing onto our easement. Local
traffic stiD drive very fast on our easement and other SFWMD easements, leaving us as home owners &
our exposure to liability issues. The accident on 3-24-09 of a car traveling at high speeds hurtling into the
canal at 8:45pm on our SFWMD right of way, could have had 3-4 people dead ifwater levels was deeper.
You may want to talk to trooper Garcia (badge#3449) accident report #15791, and know that his
concerns and my concerns of very unsafe condition that presently exist in this area.
Collier County Sheriff Department, not enforcing speeds, encroachment complaints have just embolden
residents of this area to do what they want.
1 request that anyone who enters our easement except for the intended use ofthis easement by SFWMD,
Utilities Services under our Warranty to Deed be warned, sited under Florida Trespassing Laws.
Sincerely,
Edward A. Bakay
Sandra K. Bakay