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Collier settles $240 million claim involving bald eagle protection at North Naples high-rise site
Collier County has settled a $240 million property rights claim a North Naples landowner filed in May 2006 after county commissioners refused to loosen bald eagle protection rules at a high-rise condominium site.
County commissioners approved the settlement this morning with no debate, capping a years long saga at the Cocohatchee Bay project west of Vanderbilt Drive.
Commissioner Frank Halas thanked neighbors involved in reaching the settlement with Detroit-based Lodge Abbott Associates LLC and thanked county staff and the county's Planning Commission, which spent 20 hours over three meetings reviewing the deal.
"I believe what we have here is a product everyone should be proud of," said Halas, whose district includes the Cocohatchee Bay site.
The settlement had been approved in concept in December 2006, but the formal approval was delayed after bald eagles built a nest in a new tree at the site and to allow for a more thorough review by the Planning Commission.
The deal allows Signature Communities to build high-rises around the new bald eagle nest tree in accordance with a permit issued by the U.S. Fish and Wildlife Service.
In return, the developer would pay $3 million toward the county's affordable housing trust fund, pay $3 million for safety improvements to the Vanderbilt Drive bridge and build a sidewalk on the west side of Vanderbilt Drive.
The settlement was approved with a single vote along with dozens of other matters on parts of the commissioners' agenda reserved for routine or noncontroversial items.
A month ago, the settlement was up for a similar vote, but Halas objected, saying, "We need time to go through it." He accused Commission Chairman Tom Henning of "putting undue influence on the county attorney's office" to get the settlement placed on the agenda as a routine item. County attorney Jeff Klatzkow said Henning had not used undue influence.












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"I believe what we have here is a product everyone should be proud of," said Halas,
Quite an idiotic statement by someone with no clue how his decisions, and those of his BOCC compatriots, affect the struggling resident of Collier County. Rest assured, this "settlement" cost all of us some hard earned cash and they don't give a flip about how we have to struggle to come up with it. Or several other similar "settlements" over property rights in the last few years.
Sooner or later, we need to wise up and get rid of the Board in place folks, they have just about priced us out of our own community.
#1 Posted by fathead on April 22, 2008 at 10:48 a.m. (Suggest removal)
"In return, the developer would pay $3 million toward the county's affordable housing trust fund, pay $3 million for safety improvements to the Vanderbilt Drive bridge and build a sidewalk on the west side of Vanderbilt Drive."
CAN YOU SAY PAYOFF!!!!!! None of this helps the bald eagles one bit. It appears "protection rules" are put in place to be used to extort money from developers and it works. All of you idiots should be very proud of what you have done and maybe you can throw a Gala or wine social to pat yourself on the back and while you are at it take some photos for the back of the Naples Magazine.
#2 Posted by MadMike on April 22, 2008 at 12:19 p.m. (Suggest removal)
No longer is the Bald Eagle on any protected list.
I'm apalled at the way the bird is used to impose elected officials' whims on developers when they're not extorting millions of dollars from them.
It's a sad day for property rights...
#3 Posted by Naplestango on April 22, 2008 at 1:08 p.m. (Suggest removal)
Actually, Naplestango, Bald Eagles are still on a protected list. Two lists, in fact. The Migratory Bird Treaty Act and the Bald And Golden Eagle Protection Act.
While no longer endangered, they are still protected. And as you'll notice if you visit http://www.fws.gov/laws/lawsdigest/ba..., the removal of nests is allowed for Golden Eagles under two circumstance, but it's not allowed at all for Bald Eagles.
The allowance to build AROUND the eagles is what is now allowed since they're no longer endangered. It helps to remember that ENDANGERED is not the same as PROTECTED.
#4 Posted by razorbuzz on April 22, 2008 at 2:55 p.m. (Suggest removal)
hey razorbuzz you know attitude in collier county trumps facts-information-people actually believe ignorance is bliss but thats the price of free speech
#5 Posted by welcome02 on April 22, 2008 at 5:16 p.m. (Suggest removal)
No longer is the Bald Eagle on any endangered list.
I'm apalled at the way the bird is used to impose elected officials' whims on developers when they're not extorting millions of dollars from them.
It's a sad day for property rights...
#6 Posted by Naplestango on April 22, 2008 at 5:30 p.m. (Suggest removal)
Naplestango, I can't wait for the day that some fat cat developer exercises his 'property rights' and puts a high rise monstrosity smack dap across the street from your little patch of paradise and hopefully blocks you from seeing even the sun, forever!
#7 Posted by Indyvote on April 22, 2008 at 10 p.m. (Suggest removal)
For shame, Mr. Fee. What disingenuous drivel... The "outraged" Mr. Fee was the chief spearhead and the architect of much of this citizen-developer brokered deal - as most activist North Naples denizens easily recall. It was he who insisted all the density be moved from the east side of Vanderbilt - his side - and concentrated on the west side, even at the cost of higher buildings, and that the affordable housing be dropped on his side and rolled in on the other. And to "fathead" - the settlement seems to have cost the taxpayers zilch except for staff time. Would you really rather have paid the claim? Baffling!
#8 Posted by common_tator on April 23, 2008 at 2:30 p.m. (Suggest removal)
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