EAST NAPLES (FL) – Residents of Riviera Golf Estates will have a say in the future of their community’s golf courses through a straw vote, but the results won’t be final.
Collier County Commissioners decided recently to conduct an opinion survey after requesting changes to the language. This is a first step in finalizing the proposed settlement to stop a developer building on an old golf course off County Barn Road, East Naples.
A survey in the form a poll will be sent to hundreds of residents of the community of 692 homes for 55+.
The community will be asked if they are in favor of creating a special district that would purchase and maintain golf course land as passive recreational land and fund it by dividing annual assessments amongst the lot owners based on the benefits each one receives.
The county is still working on the finalization of the assessment to reduce the burden.
Marianne Herndon is one of the opponents. She told the commission that she struggles to survive day-to-day.
“You decide do you want dinner, do you want your medication,” she said. “You have to keep in mind who you’re dealing with.”
The owners of the golf property in Florida filed a claim for compensation under the Bert Harris Property Rights Act.
La Minnesota Riviera LLC wanted to build homes on the 94-acre property, but they claimed that the rules of the county for rezoning golf courses had “inordinately burdened them”.
In April, the commissioners voted on a compromise to resolve the $14 million claim and prevent a lawsuit. They also voted to stop development.
Learn more about the proposed settlement
The settlement reached in the spring at a hearing for mediation:
- The county would pay $5.8 Million to the owners plus closing costs
- The county would be reimbursed for the cost of the purchase through a special district.
- The Riviera subdivision would be assessed by the district to reimburse the county
- The district will own the property in the end
- The district would pay for improvements and repairs, as well as maintain the property.
Carroll & Carroll was hired by the county to assess how much residents should pay to reimburse it for the purchase of the property and the related costs and to cover current and ongoing maintenance.
The consultant’s proposed assessments over 10 years ranged from $2,602.13 at the highest to $1,542.77 at the lowest. Owners of single-family houses located on a golf course or in a cul de sac paid the most and those of mobile homes that did not face the golf courses paid the least.
According to the proposal, approximately 64.3% would be paid by homeowners of single-family homes.
Bill McDaniel, the commissioner, asked staff to change the calculations after some residents complained, particularly seniors with limited incomes. He suggested that payments be spread over 15 years instead of 10 to make the assessments more affordable. The staff is still working on these changes. They will be included in the mailings.
McDaniel stressed that the county was trying to work with the residents during the discussions at the previous commission meeting. He acknowledged the financial burden but said that the purchase was beneficial to residents.
This board has the authority to purchase this property, create a special district and tell you how much you must pay. We could do this. He said, “We’d prefer not to do that.”
He said the straw poll was just one step in a process that would help the commissioners reach a final decision about how to settle the Bert Harris case.
He said, “We have a long way to go before we make a decision on this purchase.”
Unfavorable survey results are likely
The commissioners questioned the need for the non-binding questionnaire, based on the feedback they received from residents via emails and other communication. They don’t believe that a majority will support the proposal.
Rick LoCastro, chairman of the commission, said: “I’d be flabbergasted” if it passed.
He still considered it a part of the process for resolving the dispute over property rights.
He acknowledged that the golf course was a “big” investment, but said it wasn’t feasible for the county “to assess everyone $50 per month for it.”
The board of the homeowners association failed to get enough votes from their members to buy the property at a lower price than it was five years ago. According to its bylaws, a majority of two thirds is required.
The commissioners agreed unanimously to conduct the poll to “get a temperature” of the community. Commissioner Dan Kowal’s district includes Riviera golf Estates. He wanted to know “where we end up with the community.”
McDaniel seconded this motion and described the poll as “a litmus test” which will help to determine the next steps for the county.
Commissioner Burt Saunders stated that he would like the county attorney, no matter what the outcome was, to provide more information about possible alternatives to avoid a lawsuit.
He said: “I understand that the resolution may be to allow them to develop the property. But we need more information on what will happen if they continue with the litigation.”
Jeffrey Klatzkow, the County Attorney in the county of Los Angeles, said that if no settlement was reached and a suit is filed he is prepared to defend an ordinance which prompted the claim. He questioned whether the property could be developed.
He said, “I don’t worry about this lawsuit.” “Not even a little bit.”
History
La Minnesota Riviera filed a lawsuit against the county on December 19, 2019 for its new requirements to rezone a golf course. They claimed that many of these were “egregious” and “confiscatory,” and alleged they had “eliminated the economic value of the property in 2017 and rendered it worthless”, seeking millions of dollars in damages.
Few months later, the owners voluntarily retracted their complaint. The county had filed a motion to throw out the lawsuit, claiming that the plaintiffs misunderstood rules and did not have a basis to file the lawsuit as they had not yet submitted an Intent to Convert or rezone request for the golf course.
La Minnesota Rivieria then filed a request to convert the course with plans to build over 300 homes. Residents of the county packed the meeting halls to protest the required outreach meetings, voicing their concerns over the impact and lack details.
The protests against the redevelopment of Riviera Golf Estates’ golf course
La Minnesota Riviera is a corporation located in Lilydale in Minnesota. In 2005, it purchased the public course for $4.8 Million.
After years of losing money, the course was temporarily closed in 2017. It was operational until April 2022 after reopening.
MDG Capital Corp. and a group with five investors from La Minnesota came to an agreement nearly 20 years ago to purchase the land, as long as the county commissioners agreed that the course would be rezoned for homes.
The plans were canceled after residents protested, claiming that a paragraph in the contract signed at the time Riviera Golf Estates opened in the 1970s ensured the golf course’s permanence.
Since then, residents have fought to protect the fairways and golf greens in their backyards.
La Minnesota tried to sell the property several times without success.
